[Congressional Record Volume 145, Number 34 (Thursday, March 4, 1999)]
[Senate]
[Pages S2285-S2286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself and Mr. Robb):
  S. 535. A bill to amend section 49106(c)(6) of title 49, United 
States Code, to remove a limitation on certain funding; to the 
Committee on Commerce, Science, and Transportation.


       metropolitan washington airports authority improvement act

  Mr. WARNER. Mr. President, I rise today to introduce legislation, 
along with Senator Robb, to give Reagan National and Dulles 
International Airports equitable treatment under Federal law that is 
enjoyed today by all of the major commercial airports.
  When the Congress enacted legislation in 1986 to transfer ownership 
of Reagan National and Dulles Airports to a regional authority--and I 
may say, Mr. President, I was a part of that airport commission. It was 
chaired by the former Governor of Virginia, Linwood Holton; Senator 
Sarbanes joined me on that. From that, I drew up this very legislation 
that did the transfer. We included in that legislation that I drafted a 
provision to create a congressional board of review.
  Immediately upon passage of the 1986 Transfer Act, local community 
groups filed a lawsuit challenging the constitutionality of the board 
of review. The Supreme Court upheld the lawsuit and concurred that the 
Congressional Board of Review as structured was unconstitutional 
because it gave Members of Congress veto authority over the airport 
decisions. The Court ruled that the functions of the board of review 
was a violation of the separation of powers doctrine.
  During the 1991 House-Senate conference on the Intermodal Surface 
Transportation Efficiency Act, I offered an amendment, which was 
adopted, to attempt to revise the Board of Review to meet the 
constitutional requirements.
  Those provisions were also challenged and again were ruled 
unconstitutional.
  In 1996, in another attempt to address the situation, the Congress 
enacted legislation to repeal the Board of Review since it no longer 
served any function due to several federal court rulings. In its place, 
Congress increased the number of federal appointees to the MWAA Board 
of Directors from 1 to 3 members.
  In addition to the requirement that the Senate confirm the 
appointees, the statute contains a punitive provision which denies all 
federal Airport Improvement Program entitlement grants and passenger 
facility charges to Dulles International and Reagan National if the 
appointees were not confirmed by October 1, 1997.
  Mr. President, the Senate has not confirmed the three Federal 
appointees, Since October, 1997, Dulles International and Reagan 
National, and its customers, have been waiting for the Senate to take 
action. Finally in 1998, the Senate Commerce Committee favorably 
reported the three pending nominations to the Senate for consideration, 
but unfortunately no further action occurred because these nominees 
were held hostage for other unrelated issues. Many speculate that these 
nominees have not been confirmed because of the ongoing delay in 
enacting a long-term FAA reauthorization bill.
  Mr. President, I am not here today to join in that speculation. I do 
want, however, to call to the attention of my colleagues the severe 
financial, safety and consumer service constraints this inaction is 
having on both Dulles and Reagan National.
  As the current law forbids the FAA from approving any AIP entitlement 
grants for construction at the two airports and from approving any 
Passenger Facility Charge (PFC) applications, these airports have been 
denied access to over $200 million.
  These are funds that every other airport in the country receives 
annually and are critical to maintaining a quality level of service and 
safety at our Nation's airports. Unlike any other airport in the 
country, federal funds have been withheld from Dulles and Reagan 
National for over 18 months.
  These critically needed funds have halted important construction 
projects at both airports. Of the over $200 million that is due, 
approximately $161 million will fund long-awaited construction projects 
and $40 million is needed to fund associated financing costs.
  I respect the right of the Senate to exercise its constitutional 
duties to confirm the President's nominees to important federal 
positions. I do not, however, believe that it is appropriate to link 
the Senate's confirmation process to vitally needed federal dollars to 
operate airports.
  Also, I must say that I can find no justification for the Senate's 
delay in considering the qualifications of these nominees to serve on 
the MWAA Board. To my knowledge, no one has raised concerns about the 
qualifications of the nominees. We are neglecting our duties.
  For this reason, I am introducing legislation today--the Metropolitan 
Washington Airports Authority Improvement Act--to repeal the punitive 
prohibition on releasing Federal funds to the airports until the 
Federal nominees have been confirmed.

  Airports are increasingly competitive. Those that cannot keep up with 
the growing demand see the services go to other airports. This is 
particularly true with respect to international services, and low-fare 
services, both of which are essential.
  As a result of the Senate's inaction, I provide for my colleagues a 
list of the several major projects that are virtually on hold since 
October, 1997. They are as follows:
  At Dulles International there are four major projects necessary for 
the airport to maintain the tremendous growth that is occurring there.
  Main terminal gate concourse: It is necessary to replace the current 
temporary buildings attached to the main terminal with a suitable 
facility. This terminal addition will include passenger hold rooms and 
airline support space. The total cost of this project is $15.4 million, 
with $11.2 million funded by PFCs.
  Passenger access to main terminal: As the Authority continues to keep 
pace with the increased demand for parking and access to the main 
terminal, PFCs

[[Page S2286]]

are necessary to build a connector between a new automobile parking 
facility and the terminal. The total cost of this project is $45.5 
million, with $29.4 million funded by PFCs.
  Improved passenger access between concourse B and main terminal: With 
the construction of a pedestrian tunnel complex between the main 
terminal and the B concourse, the Authority will be able to continue to 
meet passenger demand for access to this facility. Once this project is 
complete, access to concourse B will be exclusively by moving sidewalk, 
and mobile lounge service to this facility will be unnecessary. The 
total cost of this project is $51.1 million, with $46.8 million funded 
by PFCs.
  Increased baggage handling capacity: With increased passenger levels 
come increase demands for handling baggage. PFC funding is necessary to 
construct a new baggage handling area for inbound and outbound 
passengers. The total cost of this project is $38.7 million, with $31.4 
million funded by PFCs.
  At Reagan National there are two major projects that are dependent on 
the Authority's ability to implement passenger facility charges (PFCs).
  Historic main terminal rehabilitation: Even though the new terminal 
at Reagan National was opened last year, the entire Capital Development 
Program will not be complete until the historic main terminal is 
rehabilitated for airline use. This project includes the construction 
of nine air carrier gates, renovation of historic portions of the main 
terminal for continued passenger use and demolition of space that is no 
longer functional. The total cost of this project is $94.2 million with 
$20.7 million to be paid for by AIP entitlement grants and $36.2 
million to be funded with PFCs. Additional airfield work to accompany 
this project will cost $12.2 million, with $5.2 million funded by PFCs.
  Terminal connector expansion: In order to accommodate the increased 
passengers moving between Terminals B and C (the new terminal) and 
Terminal A, it is necessary to expand the ``Connector'' between the two 
buildings. The total cost of the project is $4.8 million, with $4.3 
million funded by PFCs.
  Mr. President, my legislation is aimed at ensuring that necessary 
safety and service improvements proceed at Reagan National and Dulles. 
Let's give them the ability to address consumer needs just like every 
other airport does on a daily basis.
  Mr. President, here is the problem. This legislation does not remove 
the Congress of the United States, and particularly the Senate, from 
the advise-and-consent role, but it allows the money, which we need for 
the modernization of these airports, to flow properly to the airports 
to continue the program of restructuring them physically to accommodate 
somewhat larger traffic patterns, as well as do the necessary 
modernization to achieve safety--most important, safety--and greater 
convenience for the passengers using these two airports.
  Those funds have been held up. It is over $200 million, as my 
colleague from Virginia will join me in saying; $200 million are more 
or less held in escrow pending the confirmation by the Senate of the 
United States of three individuals to this board.
  For reasons known to this body, that confirmation has been held up. 
The confirmation may remain held up. But this legislation will let the 
moneys flow to the airports for this needed construction for safety and 
convenience, and then at a later date, hopefully, we can achieve the 
confirmation of these three new members to the board. I yield the 
floor.
  Mr. ROBB addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia, Mr. Robb, is 
recognized.
  Mr. ROBB. Mr. President, I am pleased to join my senior colleague, 
Senator Warner, in introducing legislation to put an end to the 
strangulation of the Capital region's airports. As Senator Warner just 
indicated, more than $200 million in airport improvements are on hold, 
and have been on hold since October 1, 1997, as part of an effort to 
strong-arm the region into accepting more flights at Ronald Reagan 
Washington National Airport.
  I believe this tactic is outrageous. It is bad enough that the 
Congress is trying to micromanage local airports. As Governor of 
Virginia, I worked with my now colleague and senior partner, Senator 
Warner, and then-Secretary of Transportation Dole to pass this 
legislation in 1986 designed to get the Federal Government out of the 
airport management business altogether.
  The legislation that was enacted shifted control of the Washington 
airports away from the Federal Government and to a regional authority 
so they could effectively and efficiently manage their own airports, 
just like they do in every other State in the Union.
  Even at that time, though, I was not particularly sanguine about the 
prospect that the Federal Government would not be able to resist the 
temptation to meddle with our local airports for its own ends. So I was 
not surprised at the efforts to add flights to National, and it is no 
secret that, notwithstanding a strong personal friendship that I and my 
senior colleague have with the distinguished chairman of the Commerce 
Committee, we sharply disagree on this particular issue. But to block 
airport improvements and hurt this region's consumers in an attempt to 
force a policy change is simply wrong.
  The Senate has the power to delay airport improvements at National 
and Dulles, because it must approve nominees to the Metropolitan 
Washington Airports Authority that manage both--both--Ronald Reagan 
Washington National Airport and Dulles International Airport.
  Without the nominees, the airports cannot obtain grants under the 
Airport Improvement Program or use the passenger facility charges to 
fund projects.
  These two programs are the lifeblood of airport funding. So Senate 
inaction on the nominees keeps Dulles and National from making 
improvements that can truly make a difference to consumers.
  Proponents of more flights at National argue they are helping 
consumers. But blocking the nominees blocks major improvements that 
would also help consumers.
  These improvements include easier passenger access between the 
terminals and parking, better access among terminals, improved baggage 
handling, and the renovation of aging facilities.
  We should resolve the issue of the number of flights and the distance 
of flights at National with open debate and not through coercion.
  The legislation Senator Warner and I are proposing today severs the 
link between action on the nominees and action on airport improvements, 
and we urge our colleagues to support this effort.
  Our proposal retains the Senate's role in approving the nominees. So 
if Members have concerns about airport management, those concerns can 
be addressed. But it is simply wrong to hold airport improvements 
hostage. It is time to rescue Dulles and National. We shouldn't allow 
the critical improvements at both airports to remain captive any 
longer.
  I am very pleased to join my senior colleague. I yield the floor.
  Mr. WARNER. Mr. President, I am pleased to join my colleague. This 
Senator, and I hope Senator Robb, is prepared to stand on this floor 
until this measure passes, no matter what it takes.
  Mr. ROBB. I can assure my senior colleague, like a stone wall.
  Mr. WARNER. Mr. President, I ask unanimous consent that the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows.

                                 S. 535

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Metropolitan Washington 
     Airports Authority Improvement Act''.

     SEC. 2. REMOVAL OF LIMITATION.

       Section 49106(c)(6) of title 49, United States Code, is 
     amended--
       (1) by striking subparagraph (C); and
       (2) by redesignating subparagraph (D) as subparagraph (C).
                                 ______