[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Pages S7604-S7605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM (for himself, Mr. DeWine, and Mr. Feingold):
  S. 1285. A bill to amend section 40102(37) of title 49, United States 
Code, to modify the definition of the term ``public aircraft'' to 
provide for certain law enforcement and emergency response activities; 
to the Committee on Commerce, Science, and Transportation.


           law enforcement public aviation reform act of 1999

 Mr. GRAHAM. Mr. President, I am extremely pleased to join with 
my distinguished colleagues, Senator DeWine and Senator Feingold, in 
introducing the Law Enforcement Public Aviation Reform Act of 1999. 
This legislation will help law enforcement officers in their efforts to 
protect our citizens. In 1994, the Congress made a terrible mistake 
when it passed Public Law 103-411. Under this law, aircraft belonging 
to law enforcement agencies are considered ``commercial'' if costs 
incurred from flying missions to support neighboring jurisdictions are 
reimbursed.
  In the last Congress, we were able to include an amendment on the 
Commerce, State, and Justice appropriations bill that would have made 
the necessary changes. Unfortunately, this measure was stripped from 
the final conference committee report.
  This law has placed unnecessary restrictions and costly burdens on 
government agencies who operate public aircraft, particularly law 
enforcement agencies. At a time when law enforcement faces growing 
sophistication and organization of criminals, the federal government 
should not be placing additional mandates on our law enforcement 
officials. This law is so restrictive that it even prevents assistance 
from neighboring jurisdictions under mutual aid compacts.
  Current law requires that the agency in need of assistance exhaust 
all commercially available options before requesting assistance from 
another jurisdiction. Even in the event of ``significant and imminent 
threat to life or property,'' the requesting agency must first 
establish that ``no service by a private operator was reasonably 
available to meet the threat.'' Law officers, pledged to protect public 
safety and fight crime, need the flexibility to determine the 
appropriate aircraft for any particular mission. They should not be 
required to offer private companies the right of first refusal on 
sensitive law enforcement missions. In

[[Page S7605]]

many cases, it is simply not appropriate to have private companies 
performing law enforcement or other governmental functions.
  Under this bill, public agencies would be permitted to recover costs 
incurred by operating aircraft to assist other jurisdictions for the 
purpose of law enforcement, search and rescue, or imminent threat to 
life, property or natural resources.
  Mr. President, law enforcement organizations strongly support this 
bill. This legislation has the endorsement of the National Sheriff's 
Association, Airborne Law Enforcement Association, International 
Association of Chiefs of Police, Florida Sheriff's Association, and the 
California State Sheriff's Associations. From my home state in Florida, 
I have heard from Sheriff George E. Knupp, Jr. of Lake County. Sheriff 
Knupp stated, ``Current law restricts our ability to use this aircraft 
in the best possible manner and frankly, the law questions the 
authority of a popularly elected official to exercise the duties and 
responsibilities of the office.''
  Our bipartisan proposed is simple, sound, and will serve the 
interests of law enforcement officials across this country. I urge all 
my colleagues to support the passage of this much needed legislation. 
Further delay in this matter will only serve to cost the American 
people unnecessary tax dollars and hamper the efforts of our law 
enforcement officials.
 Mr. FEINGOLD. Mr. President, I rise today to join my 
distinguished colleague from Florida, Senator Graham, to introduce a 
bill that will assist our local law enforcement agencies to respond in 
a timely fashion to life or death situations.
  Sheriffs in my state and around this country have found that their 
hands are tied when it comes to sharing helicopters or other public 
aircraft with neighboring jurisdictions. The Milwaukee County Sheriff's 
Department recently became the first sheriff's department in Wisconsin 
to acquire a helicopter. Neighboring counties would like to borrow that 
helicopter and reimburse the Milwaukee County Sheriff for the cost of 
their use of that helicopter. The Milwaukee County Sheriff's Department 
is perfectly willing to share its helicopter but it can't easily do so. 
Under current law, in order for the assisting agency to receive a cost 
reimbursement from the neighboring jurisdiction for use of a 
helicopter, the neighboring sheriff must first exhaust the possibility 
that a private commercial helicopter is available. Even when the 
neighboring sheriff is faced with a serious imminent threat to life or 
property, the law requires the neighboring sheriff to first determine 
whether a privately operated helicopter is available. This law is 
absurd and puts everyone's safety at risk.
  Law enforcement agencies use helicopters for a variety of reasons--to 
chase a suspect fleeing the scene of a crime, in search and rescue 
missions, to control crowds in public gatherings, to transport 
prisoners and to detect and eradicate marijuana. Saving lives and 
maintaining law and order is delayed if we require sheriffs to 
determine first whether they can find a private helicopter. Public 
safety is also jeopardized because private commercial pilots are likely 
not trained law enforcement personnel with experience in sensitive and 
sometimes dangerous situations. But if we allow sheriffs to share their 
aircraft with neighboring jurisdictions without first exhausting 
private avenues, law enforcement response is far more likely to be 
swift and sure.
  This bill modifies the definition of ``public aircraft'' so that law 
enforcement agencies no longer need to make an attempt to find a 
private helicopter operator before using a neighboring jurisdiction's 
helicopter.
  Mr. President, we demand that law enforcement act quickly and 
professionally to life or death situations. But we're not giving them 
the tools they need to do their job. We must do our part. I urge my 
colleagues to join in this bipartisan effort to change the law and give 
the sheriffs in Wisconsin and across this country the tools they need 
to keep our communities safe and secure.
                                 ______