[Congressional Record Volume 157, Number 114 (Wednesday, July 27, 2011)]
[Senate]
[Pages S4946-S4947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Unanimous Consent Request--H.R. 2553

  Therefore, I ask unanimous consent that, as in legislative session, 
the Senate proceed to the consideration of Calendar No. 109, H.R. 2553; 
that a Rockefeller-Hutchison substitute amendment, which is at the 
desk, be agreed to; that the bill, as amended, be read the third time 
and passed; and that the motions to reconsider be laid upon the table, 
with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. HATCH. I object, Madam President.

[[Page S4947]]

  The PRESIDING OFFICER. Objection is heard.
  Mr. HATCH. Madam President, I will take a few minutes to explain why 
I am, once again, objecting to the legislation offered by my dear 
friend from West Virginia, my Finance Committee colleague. I wish to 
make it absolutely clear that a long-term FAA reauthorization is a 
priority for this country, and it is a personal priority for me.
  Once again, I point out that I have worked with Chairman Baucus on 
reporting a Finance Committee title to the bill that passed the Senate 
earlier this year. The current lapse in FAA taxes and expenditures 
authority from the Airport and Airway Trust Fund is a detrimental 
situation brought on by the Senate majority's refusal to discontinue 
granting excessive favors for big labor and their refusal to cut any 
wasteful spending.
  As I have said, I share House Transportation and Infrastructure 
Committee Chairman Mica's frustration that favors to organized labor 
have overshadowed the prospects for a long-term FAA reauthorization.
  Last year, the National Mediation Board changed the rules under which 
employees of airlines and railroads are able to unionize. For decades, 
the standard has been that a majority of employees would have to agree 
in an election to form a union. However, the National Mediation Board 
rules changed that standard so all it takes to unionize is a majority 
of employees voting. This means the NMB wants to count an employee who 
doesn't vote as voting for big labor. Somehow, organized labor is able 
to claim it is democratic to appropriate someone else's vote without 
that person's input and participation.
  The FAA reauthorization bill that passed the House earlier this year 
undoes this heavyhanded rule and lets airline employees decide for 
themselves how to use their own votes. The House bill would merely undo 
a big partisan favor done at the behest of big labor and put efforts to 
unionize airline workforces on the same footing they have been on for 
years.
  The House bill does not create a new hurdle to unionization. Instead, 
it restores the longstanding ability of airline employees to make 
decisions for themselves. The House bill only undoes the NMB action 
that was taken to reverse 70 years of precedent for narrow political 
gain.
  In addition to an impulse to cater to big labor, the Senate majority 
also is resistant to any attempt to cut any government spending, no 
matter how wasteful that spending may be. The House bill I am going to 
ask unanimous consent for in a few minutes has aroused the ire of the 
majority because it contains a provision that would limit essential air 
service eligibility to communities that are located 90 or more miles 
from a large- or medium-hub airport. This would save $12.5 million a 
year. That is right, million with an ``m'', not a ``b'' or a ``t.''
  The majority is resisting a provision that already passed this body 
as part of the Senate's long-term reauthorization bill that would save 
$12.5 million a year, and they are willing to put the FAA's finance at 
risk in the process. The House bill I am going to offer also contains 
an additional proposal to limit essential air service subsidies for 
communities where the cost per passenger is greater than $1,000. This 
provision would affect a grand total of three airports in the whole 
country. It is my understanding these three airports would also have 
ceased to receive EAS subsidies under another provision in the Senate-
passed, long-term FAA bill that limited subsidies to airports averaging 
10 or more passengers a day.
  To sum this up, our friends on the other side, the Democrats, are 
holding this up over wasteful spending and handouts for President 
Obama's big union allies.
  The point is, the Senate majority has cut the FAA off from its 
primary source of financing and created confusion for travel companies 
and tax-paying passengers by objecting to a short-term extension 
measure that doesn't do one single thing that is not done by a bill 
that passed the Senate by unanimous consent on April 7 of this year.
  I wish to briefly discuss and hopefully clear away some of that 
confusion. Passengers who bought tickets while the taxes were still 
being collected may be entitled to a refund if they are traveling 
during a period in which the taxes have lapsed. I wish to make it clear 
that the inability of the Senate majority to process legislation should 
not constitute an additional burden to the already beleaguered travel 
industry. It is the responsibility of the IRS to refund ticket taxes, 
and while I recognize they want to do the right thing for taxpayers, I 
encourage the IRS to work closely with the travel industry. The travel 
industry is not responsible for the lapse in FAA taxes, and they should 
not bear extra costs because of that.
  The lack of a long-term bill is bad for airports all across the 
country because they don't have the funding stability to plan and 
complete projects. Kicking the can farther down the road is not a 
viable alternative to actually doing what is in the best interests of 
all parties.
  As a Senate conferee to the FAA bill, I stand ready to do everything 
I can to get to work with my House and Senate colleagues on a long-term 
FAA reauthorization, as soon as they are willing to get down to work.