[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15385-S15390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT--CONFERENCE REPORT

  Ms. COLLINS. Madam President, I ask unanimous consent that the Senate 
now proceed to the conference report to accompany H.R. 2115, the FAA 
authorization bill.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Committee of Conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2115), to amend title 49, United States Code, to reauthorize 
     programs for the Federal Aviation Administration, and for 
     other purposes, having met, have agreed that the House recede 
     from its disagreement to the amendment of the Senate, and 
     agree to the same with an amendment, signed by a majority of 
     the conferees on the part of both Houses.
  The PRESIDING OFFICER. The Senate will proceed to the consideration 
of the conference report.
  (The conference report is printed in the House proceedings of the 
Record of July 25, 2003.)
  Ms. COLLINS. Madam President, I ask that the conference report be 
agreed to, the motion to reconsider be laid upon the table, and any 
statements relating to the conference report be printed in the Record.
  Mr. REID. Reserving the right to object, I would like to extend the 
appreciation of the entire Senate, especially on this side, to those 
who worked to allow us to be at this point: Senators Lautenberg, 
Dorgan, and Rockefeller, and the ranking member of the committee, 
Senator Hollings, and the cooperation of Senator Lott, and others. This 
is a very important piece of legislation for the State of Nevada but 
also for the entire country. I underscore the very good work of the 
individuals I mentioned.
  This is not perfect, but it goes a long way to protecting working men 
and women who make it possible for everyone to fly safely in America 
today.
  Madam President, I ask unanimous consent that copies of a letter from 
Marion C. Blakey, the Administrator of the Federal Aviation 
Administration, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                          Dept. of Transportation,


                              Federal Aviation Administration,

                               Washington, DC., November 21, 2003.
     Hon. Ernest Hollings,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Hollings: I have received your November 13, 
     2003 letter regarding the issue of contracting out functions 
     performed by Federal Aviation Administration (FAA) employees. 
     Your letter requested clarification on the status of 
     ``contracting out'' of FAA functions related to flight 
     services and the certification or maintenance of air traffic 
     control equipment used in the national airspace system. I 
     understand that you are not advocating that the FAA in-source 
     any functions currently performed by contractors or cease 
     work and analysis already underway. As you know, several 
     months ago the FAA initiated a competitive sourcing process 
     with respect to the FAA's Automated Flight Service Stations 
     (AFSS). Under the FAA's current schedule, the final source 
     selection decision with respect to the AFSS competition will 
     occur early in fiscal year 2005.
       During this fiscal year we have no plans to initiate 
     additional competitive sourcing studies, nor will we displace 
     FAA employees by entering into binding contracts to convert 
     to private entities any existing FAA position directly 
     related to our air traffic control system.
       I look forward to working with the Committee on the 
     important challenges facing the Federal Aviation 
     Administration. The Conference Report contains many 
     provisions which will provide us with important tools to 
     enhance aviation safety, security, and capacity. Thank you 
     for your efforts on this important piece of legislation.
           Sincerely,
                                                 Marion C. Blakey,
                                                    Administrator.

                                          Dept. of Transportation,


                              Federal Aviation Administration,

                                Washington, DC, November 21, 2003.
     Hon. John McCain,
     Chairman, Committee on Commerce, Science and Transportation, 
         Russell Senate Office Building, Washington, DC.
       Dear Mr. Chairman: I have received your November 13, 2003 
     letter regarding the issue of contracting out functions 
     performed by Federal Aviation Administration (FAA) employees. 
     Your letter requested clarification on the status of 
     ``contracting out'' of FAA functions related to flight 
     services and the certification or maintenance of air traffic 
     control equipment used in the national airspace system. I 
     understand that you are not advocating that the FAA in-source 
     any functions currently performed by contractors or cease 
     work and analysis already underway. As you know, several 
     months ago the FAA initiated a competitive sourcing process 
     with respect to the FAA's Automated Flight Service Stations 
     (AFSS). Under the FAA's current schedule, the final source 
     selection decision with respect to the AFSS competition will 
     occur early in fiscal year 2005.
       During this fiscal year we have no plans to initiate 
     additional competitive sourcing studies, nor will we displace 
     FAA employees by entering into binding contracts to convert 
     to private entities any existing FAA position directly 
     related to our air traffic control system.
       I look forward to working with the Committee on the 
     important challenges facing the Federal Aviation 
     Administration. The Conference Report contains many 
     provisions which will provide us with important tools to 
     enhance aviation safety, security, and capacity. Thank you 
     for our efforts on this important piece of legislation.
           Sincerely,
                                                 Marion C. Blakey,
                                                    Administrator.

  Mr. McCAIN. Mr. President, I am pleased that the Senate is about to 
vote on the Conference Report to H.R. 2115, the FAA reauthorization 
bill. This legislation is critical to our Nation's air transportation 
system, providing necessary funding for aviation safety and security 
for fiscal years 2004 to 2007.

[[Page S15386]]

  CIvil aviation generates more than $900 billion in GDP every year, 
and we all know that it has faced very difficult economic times. Since 
September 11, 2001, Congress has passed a number of bipartisan aviation 
bills to aid the industry and, more importantly, to assure that the air 
traveling public could continue to rely on this vital transportation 
mode. Among the many bills enacted, we established the Transportation 
Security Administration (TSA) to oversee aviation security; we provided 
grants and loans to help the airline industry through their difficult 
economic times; and we extended terrorism insurance to the aviation 
industry. Without these important measures, the aviation industry would 
be in far worse condition.
  The Conference Report pending before us is as important to the health 
of our aviation system as any of the other bills I just mentioned. This 
multi-year FAA authorization legislation is needed by airports, so that 
airport construction projects don't come to a halt and cause layoffs in 
the construction sector. It is needed by aviation manufacturers and by 
the airline industry. Above all, it is needed by our air travelers, who 
rely on a safe and security air transportation system.
  The Conference Report on H.R. 2115 authorizes over $60 billion in 
aviation spending over the next four years to improve our Nation's 
aviation system. It includes: $14.2 billion for security, safety and 
capacity projects for the Airport Improvement Program (AIP)--over 50 
percent of this funding is likely to be spent on safety projects. In 
fiscal year 2004 alone, this funding will create approximately 162,000 
direct and indirect jobs. However, the AIP funding ONLY becomes 
available if this Conference Report is signed into law--the passage of 
the transportation appropriations bill is NOT sufficient to make the 
funds available; $13.3 billion to modernize the air traffic control 
system; $31 billion to operate the FAA's air traffic control system and 
to support the FAA's safety programs; $1.6 billion for aviation 
research and development; $2 billion for airport security projects, 
and, $500 million for the Essential Air Service program. The majority 
of this funding will come from the Aviation Trust Fund, which is 
supported by taxes paid by the users of the system.
  Although this Conference Report provides a great boost for the 
modernization of the aviation system and for increasing capacity and 
efficiency, there are also numerous provisions in the Conference Report 
that will improve aviation safety and security.
  In support of improving safety, the Conference Report strengthens FAA 
enforcement against the users of fraudulent aircraft parts; increases 
penalties that the FAA may impose for safety violations--fines have not 
been adjusted since 1947, and as such, are sometimes simply treated as 
the cost of doing business by the entity being fined; and requires the 
FAA to update and improve its airline safety oversight program.
  In support of improved aviation security, the Conference Report 
includes $500 million per year to finance security capital improvements 
at airports--including the installation of explosive detection systems. 
After September 11, almost $500 million per year in AIP funds were 
diverted to security projects from safety and capacity projects. 
Although this may have been justifiable immediately after September 11, 
in the long run, a continuation of such diversion could be detrimental 
to the aviation system; extends the Secretary of Transportation's 
authority to provide War Risk insurance to airlines against terrorism; 
expands the armed pilot program to include cargo pilots; requires the 
TSA to improve the security at foreign repair stations that conduct 
work on U.S. aircraft; authorizes compensation to general aviation 
entities for losses resulting from security mandates; and provides for 
certification and better security training for flight attendants.
  In order to improve air transportation service, especially to smaller 
and rural communities, the Conference Report contains a number of 
provisions. The report reauthorizes the Essential Air Service (EAS) at 
current funding levels; establishes a number of EAS pilot programs to 
give communities flexibility in how they receive EAS service; makes 
permanent the Small Community Air Development program; establishes a 
National Commission on Small Community Air Service to make 
recommendations on how to improve air service to such communities; and 
includes a Sense of Congress that airlines should provide the lowest 
possible fare for all active duty members of the Armed Forces.
  Further, for large airports in Western States and smaller airports in 
the East, it frees up more takeoff and landing slots at Reagan National 
Airport.
  The Conference Report addresses numerous environmental issues. It 
streamlines environmental review of projects to increase airport 
capacity and improve aviation safety and security; authorizes grants to 
airports to permit them to purchase or retrofit low emission vehicles 
at airports; and authorizes projects that improve air quality and give 
airports emission credits for undertaking such projects.
  I want to recognize all the hard work that Senator Lott, as Chairman 
of the Aviation Subcommittee, has put into the bill this year. Last 
winter, many in the aviation community predicted that Congress would 
not enact an aviation reauthorization bill this year. Senator Lott 
would not even consider such a scenario and kept us on a schedule where 
the Conference Report was actually completed before the August recess. 
This was only possible, as always, due to the work and cooperation on 
this bill from the ranking Democratic members of the Commerce Committee 
and its Aviation Subcommittee, Senators Hollings and Rockefeller.
  I also wish to thank Senator Dorgan for his work in brokering the 
compromise that allowed us to move forward with this Conference Report 
today. And I want to thank the administration, especially Secretary 
Mineta and FAA Administrator Blakey, in working long and hard with us 
to get a final compromise on the issue of privatization.
  I urge my colleagues to support final passage of the Conference 
Report and send it to the President.
  Mr. HOLLINGS. Mr. President, I rise today to express my support for 
passage of H.R. 2115, Vision 100--Century of Aviation Reauthorization 
Act. I am pleased that we have finally reached agreement on this 
important legislation and can now move forward on enacting this bill 
into law. This comprehensive reauthorization bill will provide $60 
billion in funding for FAA operations, including some $14.2 billion for 
airport grants that will create an estimated 600,000 jobs and support 
for key aviation projects in communities across the country.
  Achieving consensus on the conference report has not been easy, and 
while I think all of us should be encouraged by the results of these 
efforts, we should take this opportunity to fully consider and 
appreciate the critical role that compromise has played in achieving 
this positive result. Colleagues on both sides of the aisle have 
expressed their concerns about the process by which the FAA Conference 
Report was deliberated and produced. FAA reauthorization bills have 
always been moved out of Congress with little controversy, but after 
passing a bill on the Senate floor with unanimous support and 
cooperating on developing the bulk on the FAA Reauthorization bill, 
Democrats were cut out of the process. This was an unacceptable 
development that violated the spirit of this body, and ultimately it 
led to the creation of flawed legislation.
  For three months after it was filed, there was a lack of will in 
Congress to pass the FAA Conference Report in the form that the 
Republican leadership demanded. As a result, FAA projects went 
unauthorized after the fiscal year ended, and in an effort to end the 
stalemate they had created the House Leadership was forced to recommit 
the legislation on October 28, 2003. At this time, they stripped out 
the most troubling provision in the bill--language that allowed for the 
immediate privatization of 69 of FAA's air traffic control (ATC) towers 
and the entire ATC system in 2007. However, the Senate remained 
unsatisfied with the bill's lack of protection for the Nation's ATC 
system after it was recommitted, and we voted against cloture 45-43 on 
November 17, 2003.
  Prior to the vote, I worked with Senators McCain, Rockefeller, and 
Lott

[[Page S15387]]

to seek commitment from the Bush administration to impose a 1-year 
moratorium on the contracting out or privatization of any ATC functions 
so that the Senate Commerce Committee can properly conduct its 
oversight responsibilities of this matter. The Committee plans to hold 
hearings on this subject next year, and we will also request detailed 
analyses from the Government Accounting Office and the Department of 
Transportation Inspector General (DOT IG) in an effort to determine how 
to best enhance safety, the steps that should be taken to keep pace 
with future growth, and the best way for the Federal Government to get 
there.
  Today, we have received the proper commitment from the Bush 
administration to proceed in this manner. Under the arrangement, the 
FAA has agreed not to proceed with the privatization or outsourcing of 
any FAA air traffic separation and control functions in fiscal year 
2004. The written agreement includes a prohibition on contracting out 
the maintenance and certification of the systems and equipment in the 
air traffic control system in the National Airspace System. In 
addition, the Administration has committed to maintaining the existing 
Federal relationship with the Nation's Flight Service Stations, with 
the understanding that they will be allowed to continue on-going 
evaluations of how best to revamp the entire program. The DOT IG's 
office has estimated that consolidation of the FSSs, combined with a 
new computer system, could provide a better arrangement and save $500 
million over 7 years.
  With this understanding in place, I am pleased that we can now move 
forward with broad support for a multi-year reauthorization of FAA 
programs. Indeed, H.R. 2115 has many good provisions in it that will go 
a long way towards improving and enhancing our aviation system as we 
move into the 21st Century. I would like to add that conservative 
estimates by the FAA show that the formula funding in this legislation 
will provide more than $112 million and at least 5,325 jobs in my home 
State of South Carolina over the next 4 years. I look forward to 
passing the bill.
  Finally, I want to thank Chairman McCain, Senator Lott, the Aviation 
Subcommittee Chairman, and Ranking Member Rockfeller for all of their 
hard work over the last several days and for the long months that they 
put in prior to that. We came together with a common purpose--to pass 
this Conference Report--and with bipartisan cooperation have developed 
comprehensive legislation that provides the American people the proper 
level of safety, security and financial support.
  Mr. ROCKEFELLER. Mr. President, I am pleased to finally be able to 
support the adoption of the Federal Aviation Administration conference 
report.
  The process that allowed us to get to this point has been unlike any 
other that I have ever experienced in my 19 years in the Senate, but we 
have secured a commitment from the administration that they will not 
move forward with contracting out any air traffic control functions, 
which has prevented the Senate from passing this report. I am pleased 
that my colleagues have confirmed this commitment.
  Over the last year, I have worked closely with Senators McCain, 
Hollings, and Lott on developing this important legislation. I thank 
them for all of their efforts on getting this bill done. It has not 
gone as easy as any of us would have liked, but the debate on 
privatization is important as it is fundamentally a debate on safety 
and security. Senator Lautenberg should be commended for his 
unrelenting commitment to making sure the United States has the safest 
and most secure air traffic control system in the world.
  We have secured an agreement on this issue that all parties can 
accept, but it does not mean that this debate is over. I know my 
colleagues have committed to holding hearings on this issue, and we 
will be closely monitoring the administration's actions in this area.
  The reauthorization of the FAA is a vitally important piece of 
legislation. It would be the first genuine economic stimulus bill that 
the Senate has passed this year.
  No question exists that since the tragedy of September 11, aviation 
in this country has been permanently changed. Over the last 2 years, we 
have seen a decrease in the demand for air travel, hundreds of 
thousands of aerospace and aviation employees have lost their jobs and 
the economic pain has rippled through the economy. We cannot have a 
sustained economic recovery in this country until we have a healthy and 
vibrant aviation industry.
  This bill provides the foundation for the resurgence of an essential 
sector of our economy.
  I cannot emphasize the importance of a vibrant and strong aviation 
industry. It is fundamental to our nation's long-term economic growth. 
It is also vital to the economic future of countless small and local 
communities that are linked to the rest of the nation and world through 
aviation.
  Just as the aviation industry is a catalyst of growth for the 
national economy, airports are a catalyst of growth for their local 
communities. In my State of West Virginia, aviation represents $3.4 
billion of the state's gross domestic product and directly and 
indirectly employs over 51,000 people.
  Aviation also links our Nation's small and rural citizens and 
communities to the national and world marketplace. My home State of 
West Virginia has been able to attract firms from Asia and Europe 
because of reliable access to their West Virginia investments.
  Without access to an integrated air transportation network, small 
communities can not attract the investment necessary to grow or allow 
home grown businesses to expands. A modern and adequately funded 
aviation network is fundamental to making sure that all Americans can 
participate in the global economy. This bill makes sure the United 
States will continue to have the best aviation system in the world.
  This legislation builds upon our commitment to improving the aviation 
infrastructure of the nation that started with the landmark Aviation 
Investment and Reform Act for the 21st Century. I believe that this 
legislation meets the challenges facing the FAA and the aviation 
industry in the years ahead.
  This $60 billion bill focuses on improving our Nation's aviation 
safety and air service development, and aeronautical research. While my 
distinguished colleagues have provided an excellent overview of the 
bill, I would like to highlight some areas for the bill that I believe 
are particularly important.
  No higher goal exists than the safety and security of the Nation's 
airports and airspace. Over the past 24 months, we have worked every 
day to improve security in our airports and on our airplanes. However, 
until this bill, we had fallen short on providing funding to make sure 
our Nation's airports have the resources available to make the required 
improvements.
  Airports estimate that they have $3 billion in unmet security 
infrastructure needs. Airports have been forced to tap their expansion 
and development funds to pay for security. It makes no sense to raid 
funds for safety improvements for security improvements. The security 
of our Nation is a Federal responsibility and the Federal Government 
must pay for it.
  One of the most important provisions in this bill is the 
establishment of a $500 million fund to assist airports with capital 
security costs. This new fund is intended to stop the diversion of 
airport development funds meant for safety and capacity enhancements. 
We will be able to pay for new security requirements while 
simultaneously improving safety and expanding capacity.
  Even in these difficult budgetary times, we were able to modestly 
increase the Airport Improvement Program funding, which will provide 
the economy a real stimulus through direct and indirect job creation. 
Airport development is economic development as airports are economic 
development for their local communities. It is estimated that U.S. 
Airports are responsible for nearly $507 billion each year in total 
economic activity nationwide. Investment in airport infrastructure is a 
real economic stimulus that creates both immediate jobs and long-term 
economic development.
  In order to facilitate airport development, I am pleased that this 
bill includes much of the text of the legislation that Senator 
Hutchinson and I worked on last Congress to streamline and expedite the 
airport development

[[Page S15388]]

process. This country needs to expand its airport infrastructure. 
Without a substantial increase in this area, aviation delays would 
increase resulting in billions of dollars of costs to the economy.
  Finally, we have authorized a significant increase in aeronautical 
and aviation research in order to preserve America's leadership in 
these industries.
  Today, we also meet the challenge of making sure our small and rural 
communities have access to the nation's air transportation network. I 
continue to be very concerned that air carriers are abandoning small 
and rural markets. We cannot let these communities go without adequate 
and affordable air service--their future depends upon it.
  I am enormously pleased that the bill extends and expands the Small 
Community Air Service Development Program, which I fought for in AIR 
21. In West Virginia, Charleston used funding from this program to 
attract new service to Houston, which has been a hugh success. 
Parkersburg was recently awarded a grant and already working on 
implementing its initiatives to improve air service to new hubs. This 
program has proven an innovative and flexible tool for communities to 
address air service needs.
  Many of our most isolated and vulnerable communities whose only 
service is through the Essential Air Service Program have indicated 
that they would like to develop innovative and flexible programs 
similar to those communities who received Small Community Air Service 
Development grants to improve the quality of their air service.
  It is for this reason that I, along with Senator Lott, developed the 
Small Community and Rural Air Service Revitalization Act of 2003. The 
FAA conference report incorporates the basic provisions of this 
legislation. The FAA Bill reauthorizes the Essential Air Service, EAS, 
program and creates a series of new innovative pilot programs for EAS 
communities to participate in to stimulate passenger demand for air 
service in their communities.
  By providing communities the ability to design their own air service 
proposals, a community has the ability to develop a plan that meets its 
locally determined needs, improves air service choices, and gives the 
community a greater stake in the EAS program.
  Small and rural communities are the first to bear the brunt of bad 
economic times and the last to see the benefits of good times. The 
general economic downturn and the dire straits of the aviation industry 
have placed exceptional burdens on air service to our most isolated 
communities. The Federal Government must provide additional resources 
and tools for small communities to help themselves attract adequate air 
service. The Federal Government must make sure that our most vulnerable 
towns and cities are linked to the rest of nation. This legislation 
authorizes the tools and resources necessary to attract air service, 
related economic development, and most importantly expand their 
connections to the national and global economy.
  This bill meets the challenges facing our aviation system--increasing 
security, expanding airport safety and capacity, and making sure our 
smallest communities have access to the network. We can all be proud of 
this bill.
  Again, I thank Senator McCain, Senator Lott, and Senator Hollings for 
all their hard work to improve aviation in this country.
  Mr. ROCKEFELLER. I have a question for the subcommittee chairman 
about section 808 of the conference report concerning international air 
cargo shipped through Alaska.
  Mr. LOTT. I am happy to answer the Senator's question. This provision 
was adopted in the Senate after being offered by the Senator from 
Alaska.
  Mr. ROCKEFELLER. I thank the Chairman. Is it the Chairman's 
understanding that section 808 only addresses international cargo and 
does not address the carriage of cargo which first originates in 
Alaska?
  Mr. LOTT. That is correct. Section 808 will allow carriers to 
interline cargo in Alaska so long as the cargo has an ultimate origin 
and/or destination outside of the United States. It does not allow 
foreign carriers to carry or transfer cargo with an ultimate origin and 
destination both in the United States.
  Mr. STEVENS. I thank my colleagues for explaining that this important 
provision allows carriers to interline cargo in Alaska, with an 
ultimate origin and/or destination outside of the United States, but 
does not allow foreign carriers to carry or transfer cargo with an 
ultimate origin and destination both in the United States.
  Mr. BURNS. Mr. President, I come to the floor today in support of the 
conference report accompanying H.R. 2115, which reauthorizes the 
Federal Aviation Administration (FAA).
  Vision 100--Century of Aviation Reauthorization Act would provide 
just under $60 billion over the next 4 years for FAA activities. These 
are much needed funding improvements because we find ourselves in one 
of the greatest transition periods as a country, and as proponents of 
the aviation industry, in the history of our nation. With the slow 
recovery of the industry and the economy since the attacks of 9/11 it 
is important we pass this legislation immediately.
  As a member of the conference, my colleagues and I addressed several 
important issues and challenges. One of the most important achievements 
is the progress made in funding the Airport Improvement Program, which 
is funded at $3.4 billion in 2004 and increases $100 million each year 
ending at $3.7 billion in 2007. This is a necessary increase, as we 
need to constantly improve our Nations' airport infrastructure 
especially in rural and underserved areas.
  Mr. President, as you know, several provisions in or absent from the 
bill have bogged down its passage. As a member of the conference, even 
I do not support all provisions in this bill, but I understand the 
importance of the bill as a whole and the potential pitfalls our 
infrastructure will take if not enacted.
  I do not intend to discuss the entire report, but there are several 
critical provisions I would like to briefly address which greatly 
affect my State of Montana and my constituents.
  The first provision is intended to make additional slots available to 
improve access to the Nation's Capital for cities located beyond the 
1,250 mile service perimeter at Ronald Reagan Washington National 
Airport, DCA. I am particularly concerned that small and midsized 
communities in the west, especially in Montana and neighboring states, 
continue to have far fewer service options to reach DCA than 
communities located in any other area of the country. This is due to 
the fact that the most important hub airport serving the northern tier 
and intermountain region, Salt Lake City, is located outside the DCA 
perimeter.
  Network benefits are critical to improving this situation, and it is 
very important that the Department of Transportation consider and award 
these limited opportunities to western hubs that connect the largest 
number of cities to the national transportation network. Salt Lake City 
is a prime example. That airport serves as a primary transportation hub 
for the intermountain west. I was very disappointed that Salt Lake City 
received only a single flight from the prior AIR-21 allocation, while 
other hubs servicing the southwest region received two, or even three 
daily flights. Increased service at Salt Lake City should be a 
priority, because of the many critically underserved communities in the 
northern tier and intermountain west that will receive significant 
network benefits from additional flights at that hub.
  The second issue is the Essential Air Service Program, EAS. As you 
know, the EAS program provides subsidies to carriers for providing 
service between small communities and hub airports and is, no pun 
intended, essential to my state. This report authorizes approximately 
$500 million for EAS, and I am extremely supportive of that level.
  Unfortunately, the conference report also contains a provision, which 
directs the DOT to establish a pilot program for up to 10 EAS 
communities located within 100 miles of a large hub, and those 
communities will be required to pay 10 percent match of the EAS 
subsidy. While this provision does not affect my Montana EAS 
communities, I am still extremely unsupportive of this provision. If 
any Montana communities were asked to pay this match, there is no way 
they could come up with the funds. I want this body to know I will

[[Page S15389]]

fight expansion of this pilot program in future authorizations. While 
we need to work on possible alternatives to EAS, we cannot ask small 
communities across the Nation to fork out funds they do not have for a 
service they deserve and need.
  Finally, this report contains language based on two amendments I 
offered on the Senate floor during debate earlier this year. The first 
asks for a report from the Secretary of Transportation on any actions 
that should be taken with respect to recommendations made by the 
National Commission to Ensure Consumer Information and Choice in the 
Airline Industry. The second amendment authorizes compensation to 
General aviation businesses for losses incurred after the attacks of 9/
11. General aviation is an extremely important piece of this country's 
aviation backbone and we need to keep their perspective in mind 
whenever any aviation legislation is addressed whether it deals with 
security or overall aviation policy.
  In summation, we have crafted a fair and necessary piece of 
legislation that needs immediate passage. I ask my colleagues to 
support final passage of this critical piece of legislation that will 
aide all aviation sectors across this Nation.
  Mr. JEFFORDS. Mr. President, I have serious concerns about several 
provisions found in the FAA reauthorization conference report. Before 
the Senate passed S. 824, the FAA reauthorization bill, we expressly 
prohibited additional privatization of air traffic controllers. We also 
eliminated a proposed cost-sharing requirement for local communities 
that participate in the essential air service program. This requirement 
would have placed an insurmountable burden on many remote communities 
struggling to maintain commercial air service. While I understand that 
Administrator Blakey today has promised our Senate colleagues to 
forestall privatization until the next fiscal year, I am concerned that 
the window is nevertheless open for eventual privatization and would 
not support such a result.
  I remain concerned about the provisions in this bill affecting the 
National Environmental Policy Act, NEPA. As I discussed in my statement 
of November 17, 2003, the legal obligations of Federal agencies to 
evaluate aviation projects under Federal environmental laws have not 
been repealed by the language in this bill, nor should they be. If 
better coordination is the intent of this legislation, there is ample 
authority contained in the existing NEPA statute and regulations for 
coordination among Federal agencies in performing required 
environmental reviews of these projects. The confusing statutory 
directions contained in this bill are both unnecessary and 
counterproductive if the desired result is efficient project 
completion.
  I am disappointed that this conference report contains these 
provisions, and I will work to ensure that the FAA scrutinizes the 
potential consequences of privatization of air traffic controllers if 
that issue arises next year. In addition, as the ranking member of the 
Environment and Public Works Committee, I will continue to conduct 
oversight pertaining to the implementation of environmental laws for 
these and other Federal projects.
  Mr. THOMAS. Mr. President, as the Senate considers the final 
conference report to the FAA reauthorization bill, I would like to take 
a moment to thank Chairman McCain and subcommittee Chairman Trent Lott, 
for their assistance regarding a provision that is very important to my 
home State.
  For years, I have been working with the FAA and the Jackson Hole 
Airport to reduce the noise that is produced by older private jets. As 
some of my colleagues know, the Jackson Hole Airport is the only 
commercial airport that is located in a national park. Since 1983, the 
Jackson Hole Airport has operated under a ``land use agreement'' with 
the Secretary of the Interior. This agreement requires the airport to 
implement technological advances to reduce aircraft noise.
  However, the FAA has prevented the airport from instituting a Stage 2 
restriction on older ``noisy'' private jets even though the Air Noise 
Capacity Act of 1990 includes a provision that allows folks to enforce 
pre-existing noise control measures. Currently, only a small portion, 
2.6 percent, of the airport's operations are conducted by older noisy 
jet aircraft. However, these old noisy jets have a disproportionately 
high noise impact on Grand Teton National Park and the National Elk 
Refuge. Because the FAA has failed to recognize the grandfathered 
status of the Jackson airport, I offered an amendment to the Senate 
version of the FAA reauthorization bill.
  On June 12 the Senate unanimously agreed to my amendment. I am 
thankful for Senator McCain's and House Chairman Don Young's 
understanding regarding the need to protect Grand Teton National Park 
and the National Elk Refuge from the high levels of noise that older 
private jets produce. The provision is supported by the Jackson Airport 
Board, Grand Teton National Park, the Town of Jackson, Teton County, 
and U.S. Department of the Interior.
  Mr. President, the Jackson Hole Airport is a commercial service 
airport located on Federal land within Grand Teton National Park. It 
operates under a long-term lease agreement with the Department of the 
Interior. That agreement contains noise control measures, including 
cumulative and single event noise limits, and requirements for an 
airport-adopted noise control plan.
  Section 825 of the conference report authorizes a commercial service 
airport that does not own the airport land and is a party to a long-
term lease with a Federal agency, such as the Department of the 
Interior, to restrict or prohibit Stage 2 aircraft weighing less than 
75,000 pounds, to help meet the noise control plan contained in its 
lease.
  It is my understanding that the conferees did not intend to limit 
application of section 825 to only those noise control measures that 
are expressly referred to as ``plans,'' but intended the term to refer 
to the range of noise control requirements and standards imposed by 
these Federal lease agreements.
  Mr. McCAIN. The Senator from Wyoming is correct. The conferees 
intended ``plan'' to refer to the range of requirements and standards 
contained in a Federal lease, which together constitute its plan to 
limit airport-generated noise. Section 523 of the Senate bill, 
introduced by the Senator from Wyoming, would have given similar 
authority to the Jackson Hole Airport Board. The conference substitute 
will permit the Jackson Hole Airport, and others if subject to similar 
Federal lease requirements, to adopt these measures.
  Mrs. MURRAY. Mr. President, I rise in strong support of the Vision 
100-Century of Aviation Reauthorization Act. This bill authorizes 
critical aviation infrastructure and operations spending for the fiscal 
years 2004 through 2007. The bill also makes important legislative 
adjustments for our aviation security program at the Transportation 
Security Administration.
  I represent a State with tens of thousands of aviation workers. I 
appreciate fully the essential contribution that our Nation's aviation 
industry makes to our national economic prosperity. As the former 
chairman and now ranking member of the Transportation Appropriations 
Subcommittee, I spend a considerable amount of my time seeing to it 
that the needs of our national aviation enterprise are adequately 
funded.
  As my colleagues are aware, consideration of this FAA authorization 
bill has been delayed for an extraordinary period of time over the 
issues surrounding the Bush administration's stated desire to privatize 
certain aspects of our Nation's air traffic control system.
  At one time, this legislation included language that specifically 
authorized the FAA Administrator to privatize the controller workforce 
at scores of air traffic control towers, including the air traffic 
control tower at Boeing Field in Seattle. Senators who are not familiar 
with the geography of the greater Seattle area may not be aware that 
Boeing Field sits right between Seattle-Tacoma International Airport 
and downtown Seattle. It is extraordinarily close to our port, our 
central business district, our major sporting venues--Safeco Field and 
the Seahawks Stadium. It is also a major installation for the Boeing 
Company and a busy general aviation airport.

[[Page S15390]]

  In the wake of the events of September 11, 2001, I cannot support a 
proposal to contract out the air traffic control function to the lowest 
bidder in the heart of this critically important corridor.
  Immediately after September 11, this Congress passed legislation to 
take the air passenger screening function out of the hands of private 
bidders and place it in the hands of a federalized screening force. For 
the life of me, I do not understand why the Bush administration wants 
to take the exact opposite approach when it comes to the highly skilled 
personnel that actually control the movement of our aircraft.
  The administration has also cited an interest in privatizing other 
aspects of our Nation's national air traffic control enterprise, 
including the employees at our Nation's flight service stations and the 
technicians that maintain our Nation's air traffic control equipment.
  These privatization ideas have not been adequately explained or 
adequately justified to the Congress or to the public. It has not been 
determined that such contracting out activities would actually improve 
upon the exemplary safety record that we currently enjoy with our air 
traffic control system. I, along with many of my colleagues, have deep-
seated doubts about the safety ramifications, the security 
ramifications and whether there will be any real financial benefit to 
the taxpayer as a result of such a privatization scheme. It was for 
these reasons that I and 42 of my Senate colleagues, both Democrats and 
Republicans, were required to vote against bringing debate on this bill 
to a close on November 17, and why I joined 55 of my colleagues in 
support of a measure to explicitly exclude privatization of our air 
traffic control towers during the initial debate on the Senate bill. At 
that time, we did not have what I considered to be adequate assurances 
from the FAA that they would not be launching into these privatization 
schemes in the very near future.
  I am pleased that we have now overcome this hurdle and the 
administration has given us assurances that they will not engage in any 
competition studies or outsourcing activities for air traffic 
controllers or for maintenance and technician personnel during fiscal 
year 2004. This will give the Congress some time to review the 
administration's plans in detail, which I intend to do during next 
year's appropriations' hearings process. Also, with the written 
assurance now in hand that no outsourcing activities related to our air 
traffic control system will take place in 2004, we can, if need be, 
work on putting sufficient safeguards in the 2005 Transportation 
Appropriations Act if we feel that the administration is heading in the 
wrong direction when it comes to protecting safety and security.
  It is for these reasons that I am relieved by the administration's 
new letter on this topic which I understand has already been put into 
the Record. I am glad that we have overcome this hurdle.
  This bill will provide investments in critical infrastructure and 
operations at our Nation's airports. Furthermore, it will allocate 
needed funding to continue our efforts to improve the security of 
aviation system.
  For these reasons, I support this important conference report today.
  The PRESIDING OFFICER. Without objection, the request of the Senator 
from Maine is so ordered.
  The conference report was agreed to.
  Ms. COLLINS. Madam President, I see the Senator from North Dakota. If 
the Senator has a very brief comment to make, I yield to him.
  Mr. DORGAN. Madam President, I appreciate the courtesy of the Senator 
from Maine. Let me say with respect to the unanimous consent she just 
offered to pass the FAA conference report, I would like to say that 
Senator Lautenberg has led the fight in this Chamber to try to prevent 
the privatization during this coming fiscal year of those who work for 
the FAA. That fight required us to go through one cloture vote and the 
majority did not invoke cloture. As a result, the FAA conference report 
was not passed.
  Since that time, I and Senators Lautenberg, Hollings, Lott, 
Rockefeller and others have engaged in discussions with the 
administration. I want to point out that the letter just printed in the 
Record by unanimous consent is from Marion Blakey. She says:

       During this fiscal year we have no plans to initiate 
     additional competitive sourcing studies, nor will we displace 
     FAA employees by entering into binding contracts to convert 
     to private entities any existing FAA position directly 
     related to our air traffic control system.

  I point out that the reason we were able to move this conference 
report tonight was because the administration has agreed they will not, 
during this fiscal year, privatize those positions in the FAA. That is 
a very important position, one that my colleague, Senator Lautenberg, 
from New Jersey, fought very hard for. We have achieved that commitment 
from the administration.
  For that reason, we were able to move that FAA reauthorization. Let 
me say how pleased I am because it is so important to virtually every 
region of this country. The investment in the Airport Improvement 
Program and the other things that provide strength to the FAA system is 
very important to our country.
  Let me thank my colleague from Maine. I wanted to explain the 
circumstances that have led to this point and especially say I have 
been pleased to work with Senator Lott, in many contacts over recent 
days, to try to accomplish this and again say that my colleague from 
New Jersey, Senator Lautenberg, deserves a pat on the back for forcing 
this result.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.

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