[Congressional Record Volume 149, Number 24 (Monday, February 10, 2003)]
[Senate]
[Pages S2122-S2123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 338. A bill to protect the flying public's safety and security by 
requiring that the air traffic control system remain a Government 
function; to the Committee on Commerce, Science, and Transportation.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Safe and 
Secure Skies Act of 2003, a bill that would protect the safety and 
security of the flying public by requiring that air traffic control 
remain a government function. This legislation is necessary because the 
Bush administration has taken several steps to privatize our Nation's 
air traffic control system.
  On September 11 air traffic controllers across the Nation performed 
heroically, as they guided thousands of aircraft out of the sky. From 
the tower at Newark International Airport, air traffic controllers in 
my State could see the Twin Towers burning as they worked to return 
tens of thousands of Americans to the ground safely.
  Like many public servants on that day, they are heroes. Along with 
police, firefighters, and other emergency personnel, these public 
employees gave 110 percent to secure the safety of the American people.
  In the aftermath of these tragic events, the American people demanded 
one thing in particular of their government: they wanted government 
personnel--not private contract firms--to perform security screening of 
baggage at our Nation's airports. And Congress compiled with this 
request, as we turned the privatized baggage screening system over to 
Federal workers with the new Transportation Security Agency.
  That is why it is so surprising to me that the administration is now 
taking steps to privatize the air traffic control system in this 
country. It makes little sense, especially after September 11. It is 
the opposite of what the public wants.
  The safety and security of the American people should not be the 
responsibility of the lowest bidder. Rather, it is a core 
responsibility of government.
  But the administration is moving rapidly in the opposite direction. 
Already we have seen the jobs of air traffic control specialists--those 
who repair, inspect, and maintain the air traffic control system--
opened up to outsourcing. And the administration just completed a 
``feasibility study'' of privatizing the jobs of flight service station 
controllers--the experts who provide critical weather, safety, and 
security alerts to pilots.
  Next on the agenda for the administration are the air traffic 
controllers, who monitor and guide thousands of aircraft every day over 
the United States.
  The administration has already proposed air traffic controller 
privatization in two of its annual budgets. In

[[Page S2123]]

June 2002, President Bush issued an executive order stripping air 
traffic services of its ``inherently governmental'' status. And in 
December 2002, the administration issued a document designating air 
traffic control a ``commercial'' activity, opening the door to 
contracting out the jobs of air traffic controllers to the lowest 
bidder.

  This change from ``inherently governmental'' to a ``commercial'' 
function is more than a technical change--``inherently governmental'' 
functions can never be privatized, while ``commercial'' functions may 
be outsourced.
  The administration is trying to accomplish its privatization plan 
under the public's radar screen through the Office of Management and 
Budget's A-76 process. We in Congress have the power to stop this 
process and the bill I am introducing today will reverse the 
administration's plan.
  My Safe and Secure Skies Act will return air traffic control 
functions to ``inherently governmental'' status, thus barring any 
privatization action. I do want to note, however, that my legislation 
will not affect the existing FAA ``Contract Tower'' program, which 
involves some small, visual flight rules airports.
  We currently have the best air traffic control system in the world. 
Over 15,000 dedicated Federal air traffic controllers guide more than 2 
million passengers a day home safely. Maintaining and inspecting the 
system are over 11,000 air traffic specialists, and nearly 3,000 flight 
service station controllers provide critical information and alerts to 
pilots. They are expert professionals who perform under pressure every 
day to keep our skies safe.
  I believe our air traffic controllers are almost a wing of the 
military, and they play a major role in homeland security. When 
President Bush gave the State of the Union speech last month, it was 
the flight service station air traffic controllers who sent alerts to 
avoid the expanded ``no-fly'' zone around Washington. And when the 
space shuttle Columbia tragically disintegrated in the skies over 
Texas, it was the air traffic controllers who directed aircraft away 
from the falling debris field.
  These men and women perform a critical government function.
  Some claim that privatization will save money. But when you look at 
other countries' experiments with air traffic control privatization, 
all you see are financial messes and safety hazards. Australia, Canada, 
and Great Britain all have privatized systems that are now in crisis. 
Costs have gone up and safety has gone down.
  Since Great Britain adopted privatization, near misses have increased 
by 50 percent and delays have increased by 20 percent. The British 
Government has already had to bail out the privatized air traffic 
control company twice.
  Privatization of the air traffic control system is bad fiscal policy, 
bad safety policy, bad homeland security policy, and the public doesn't 
want it.
  I therefore ask my colleagues to support my Safe and Secure Skies 
Act, which will declare these critical air traffic control functions to 
be ``inherently governmental'', and therefore not eligible for 
outsourcing.
  The safety of our skies should not be put in the hands of the lowest 
bidder.

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