[Congressional Record Volume 158, Number 18 (Friday, February 3, 2012)]
[House]
[Pages H445-H456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT ON H.R. 658, FAA REAUTHORIZATION AND REFORM ACT OF
2012
Mr. WEBSTER. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 533 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 658) to amend title 49, United States Code, to
authorize appropriations for the Federal Aviation
Administration for fiscal years 2011 through 2014, to
streamline programs, create efficiencies, reduce waste, and
improve aviation safety and capacity, to provide stable
funding for the national aviation system, and for other
purposes. All points of order against the conference report
and against its consideration are waived. The conference
report shall be considered as read. The previous question
shall be considered as ordered on the conference report to
its adoption without intervening motion except: (1) one hour
of debate; and (2) one motion to recommit if applicable.
{time} 0920
The SPEAKER pro tempore. The gentleman from Florida is recognized for
1 hour.
Mr. WEBSTER. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentlelady from New York (Ms. Slaughter),
pending which I yield myself such time as I may consume. During the
consideration of the resolution, all time yielded is for the purposes
of debate only.
General Leave
Mr. WEBSTER. Mr. Speaker, I ask unanimous consent that all Members
have 5 days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. WEBSTER. Mr. Speaker, I rise today in support of this rule and
the underlying bill. House Resolution 533 provides for a standard rule
for consideration of the conference report for H.R. 658, the FAA
Modernization and Reform Act of 2012.
According to the Federal Aviation Administration, the FAA, the United
States aviation industry currently accounts for nearly 11 million jobs
and contributes $1.3 trillion to the Nation's gross domestic product.
Regrettably, since September 30, 2007, the FAA has operated under a
series of short-term, stopgap extensions. In fact, there have been 23
extensions of the FAA programs since the last multiyear reauthorization
was signed into law 8 years ago. I'm relieved that we have finally
stopped playing politics with the safety of our airline passengers and
appear to be on the verge of passing a necessary, meaningful, and long-
term FAA reauthorization.
The FAA conference report provides responsible funding for FAA safety
programs, air traffic control modernization efforts, known as NextGen,
and operations through 2015. It holds spending at fiscal year 2011
levels while providing $13.4 billion in projects that will create much
needed construction jobs. The conference report contains no earmarks,
and it does not raise taxes or passenger facility charges during this
difficult economic time.
With the passage of the reauthorization, the deployment of NextGen
technologies to replace our current, outdated, ground-based air traffic
control system will begin. NextGen will bring an estimated net $281
billion benefit to the overall U.S. economy through decreased flight
delays, decreased fuel use, and job opportunities for new, high-tech
companies.
The House-Senate agreement will also improve aviation safety for
passengers, reform antiquated programs that have become overly reliant
on government subsidies, and establish a process to address outdated
and obsolete air traffic control facilities, thereby saving taxpayer
dollars.
Because we are finally passing a 4-year authorization, the conference
report will provide long-term certainty for the aviation industry and
all who rely upon it. This certainty will produce an environment which
allows for the creation of high-paying and sustainable jobs. Instead of
wondering whether or not the next extension will squeeze by just before
the expiration, employees and job creators can budget,
[[Page H446]]
plan, and grow with confidence that government will not pull the rug
out from under them.
While I'm excited that we have finally embraced the benefits of
certainty and stability when it comes to our aviation system, I can't
help but state what many Americans probably feel is obvious: This is
how the system is supposed to work.
Far too often, Congress jumps from crisis to crisis, many of which
appear to this freshman Member to be self-created. Far too often,
because of the unwillingness of some to cooperate, we have been forced
to wait until we're up against some kind of deadline that if we don't
act, something else looms on the other side. This is no way to
legislate, and it's no way to govern. It certainly isn't the
legislative process I learned in my 7th grade civics class. Instead, we
should be striving to do our work as the Founding Fathers envisioned.
They understood and anticipated that the House of Representatives and
the Senate would not always walk in lockstep agreement on every issue.
On the second day of the first Congress, on April 7, 1789, there was
a conference committee appointed by the House and Senate, and they
worked out their differences. Since that time, the House and Senate
have formulated positions, each of which may be somewhat different, and
yet conferees would be appointed to manage that Chamber's position and
to hash out differences and produce an agreement that both Chambers
could agree on.
In my first year in Washington, however, it seemed that is the
exception much more than the rule. Much more often, one side takes a
position, and then on the other side they refuse to do the same, and
there's a lack of any kind of compromise or cooperation. I'm not
interested in assigning any blame on whom or why that has taken place
or why the process is the way it is. I do believe, though, that
cooperation takes a willing partner, and we can be that willing
partner.
Today is a good day, but we have so much more work to do. Even though
the process is not a headline-getting opportunity, the process is
important. To me, the more we can push down the pyramid of power and
spread out the base and let every Member be a player, we'll have a
process that both the House and the Senate can work on and work with
each other on and cooperate and the better the policy will be. If the
process is broken, sure enough, the product is broken. If the process
is good, as this process has been, then I guarantee you, the unintended
consequences that usually appear in bills that are pushed through in
the dark of night are done away with. And we have an opportunity to do
that today. So no one got everything they wanted, and yet this is a
picture of how it ought to be.
So, Mr. Speaker, I rise in support of the rule and the underlying
legislation, and encourage my colleagues to vote ``yes'' on both of
those measures.
I reserve the balance of my time.
Ms. SLAUGHTER. I want to thank my friend from Florida for yielding me
the customary time of 30 minutes, and I yield myself such time as I may
consume.
Mr. Speaker, after 23 short-term extensions, I am glad that we have
finally brought the long-term FAA authorization bill to the floor.
Twenty-three extensions are about 20 too long. Unfortunately, this
legislation also contains unnecessary language that would inject
politics into what should otherwise be a clean bill to make our skies
safer.
Today's bill would change requirements for unionization that have
existed for more than 75 years. This politically driven legislation is
being done unilaterally without consulting unions and the workers whom
it will impact.
During the 20th century, the rise of unions was quickly followed by
the creation of the American middle class--the largest middle class on
Earth; and thanks to their safety protections, fair pay and humane
hours that were achieved by unionized labor for all the rest of us who
labor, the American workers didn't just hear about the American Dream--
they lived it. Meanwhile, American corporations, including airlines,
were rewarded with the best workers that the world had to offer.
Over the years, a changing global economy and a deliberate effort to
weaken unions has made life harder and harder for the middle class. In
the aviation industry, airlines began to outsource repairs, often using
counterfeit parts and even repairing airplanes in foreign countries,
endangering our flying public. The unions fought these changes and
tried to keep American workers in charge of protecting the American
flying public; but over the objections of the unions, the airlines
continued to outsource, sometimes resulting in very dangerous
accidents.
Today, it's more challenging than ever for a middle class family to
pay rising medical bills, to put food on the table, and to afford a
college education for the next generation. For so many families, the
American Dream has now become nothing more than a memory of times past.
At a time when some of our Nation's airlines are reporting record
profits and our Nation's workers are struggling to get by, I don't
think we should be considering legislation that makes it harder for the
middle class to survive. In State capitals and in the Halls of
Congress, the American worker has been under a sustained political
attack. These attacks must not go undefended. For that reason, I cannot
support this bill and ask for a ``no'' vote on the rule and the bill.
I reserve the balance of my time.
Mr. WEBSTER. I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I am pleased to yield 3 minutes to my
colleague from New York (Mr. Engel).
Mr. ENGEL. I thank my good friend, Ms. Slaughter from New York, and I
rise in strong opposition to the rule and to the bill.
I will continue to oppose all FAA reauthorizations because I strongly
oppose the FAA's New York-New Jersey-Philadelphia airspace redesign
plan, which includes the rerouting of at least 100 additional flights
over Rockland County, the district which I represent.
{time} 0930
While this bill will likely pass, I will not stop insisting that the
FAA revise their ill-advised redesign plan for the airspace around New
York, New Jersey, and Pennsylvania.
I have spoken to and written letters to the FAA and to Transportation
Secretary Ray LaHood asking for the reconsideration of their redesign
plan. I continue to be outraged at the decision to direct even more
flights over my district. Talk about government arrogance. Talk about
not even caring about the people they affect. Talk about not even
having any kind of hearings within the affected areas, trying to sneak
it through. Talk about having the person who approves it, overseeing
the plan, is the original one who drew it. So he has a stake in it, and
of course he's going to approve it. There are a number of alternatives
to address flight delays without requiring the people of Rockland to
bear the burden.
As my constituents have noted to me, the noise and air pollution in
the area will increase. It is unknown how this increase in air
pollution will affect the disproportionate rate of childhood asthma in
my district. I believe it's clear that this airspace redesign will
result in a decline in the quality of life for my constituents in
suburban Rockland County. And what for? The expected result of this
ill-advised plan is a paltry reduction of delays--an average of only 3
minutes per flight. That's not good enough for the inconvenience it's
going to cause my constituents.
The modernization of our aviation system is necessary to bring it
into the 21st century, to keep pace with the increased number of
flights and to also maintain our technological advancements by
implementing new equipment to keep our system the safest in the world.
While NextGen is important to upgrading our aviation system, it should
not be exempt from environmental studies, which this bill makes it. I
object to the provisions in this bill that grant such an exemption.
And, finally, I want to echo the words of the gentlewoman from New
York (Ms. Slaughter). I am also strongly opposed to the changes the
bill makes to the National Mediation Board. While the middle class is
suffering in this country, we should not be making it harder for
workers to exercise their
[[Page H447]]
right to engage in collective bargaining. Unions are essential to
improving the middle class and strengthening the wages and benefits of
our workers.
So I will continue to oppose the FAA reauthorization until the FAA
halts and revises their deeply flawed airspace redesign plan. And I
urge my colleagues to vote against the rule and against the bill.
Mr. WEBSTER. Mr. Speaker, I just want to let the House know and the
Speaker know that this conference report was signed by all the
Republicans and Democrats. There are a few people against this, but not
many. It's a bipartisan effort. All the Democrats in the Senate signed
the conference report. So I believe this is a great bill.
I reserve the balance of my time.
Ms. SLAUGHTER. I yield 2 minutes to the gentlewoman from Texas (Ms.
Jackson Lee).
Ms. JACKSON LEE of Texas. I want to thank the gentlelady from New
York for her courtesies of extending time on a bill that we have been
waiting for for a very long time. I was speaking, as I was coming to
the floor, and thinking about whether or not we could work together in
a bipartisan manner.
I represent a number of airports generally, and specifically I
represent Bush Intercontinental Airport, which has a reputation for
being one of the top airports around the Nation. A couple of months
ago, we stood together with our airport director and workers in the
community, asking for an FAA authorization bill.
We are in need of repairs, and we are in need of growth. And how
exciting it is to know that this has been one of the best job-growth
months in our time, 243,000 jobs. We're on the right track, Ms.
Slaughter, and this bill would have certainly been on the right track.
But why in the world do we put in this bill a poison pill that some
say is a settlement, a resolve, that takes a configuration of counting
that is absurd? For those who want to come together as the First
Amendment allows you to do, the right to assemble in unions and
employee organizations--which to date has not harmed our airport
industry--for those who want to come together, an absurd configuration
of retirees and people who are not there are counted when you have an
election to become a union.
Just yesterday, the Governor of Indianapolis, Indiana, signed a
right-to-work. We have right-to-work States. We have recognized their
existence. Whether we like them or not, they exist. Why can't unions
have the right in a fair way to organize?
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. SLAUGHTER. I yield the gentlewoman 2 minutes.
Ms. JACKSON LEE of Texas. I thank the gentlelady for her kindness.
If any Member, any Governor had to go to the polls and work to bring
people to the polls to vote in an election in a democratic process and
in that election they had to count the people who were home, asleep in
their beds, some who did not desire to vote--that was their democratic
choice, although we want everyone to vote--most people would say that
is absurd, including my friends on the other side of the aisle. Why did
this have to be the scourge in this particular legislation?
Let me also say that, as the ranking member on the Transportation
Security Committee and as formerly the chairperson, I believe in
working together. We had a pilot program dealing with privatization in
some small airports of the Transportation Security Administration. But
the gentlelady is from New York. And if I recall, we were privatized on
that fateful date of 9/11. The idea is to make our TSOs at a level that
is responsible across the Nation. And we had language in this bill that
said that we may look at other requests or make decisions on other
requests for using privatization. No, they go and change the language.
Now, ``the Secretary shall.'' She has to. And there is no credible
evidence that suggests that the privatization of TSOs or the
Transportation Security Administration is going to make our Nation
safer. Why do we mix infrastructure work--getting our airports safer
and credible and ready to expand--with these kinds of poison pills in
the box, in-your-eye initiatives?
So, Mr. Speaker, I came to the floor to say that I am shouting for
the fact that we have finally come together in what could be a way
forward; but, unfortunately, we have decided to use the poison pen
strategy, divide but not conquer. We're going to fix this as we go
forward.
I ask my colleagues to vote against the rule.
Mr. WEBSTER. Mr. Speaker, I have no further requests for time, so I
would like to inform my colleague I am ready to close.
I reserve the balance of my time.
Ms. SLAUGHTER. Very briefly, in closing, politically driven additions
to today's legislation mar what would have otherwise been a clean and
commendable funding bill for the FAA, and I deeply regret it. I regret
that some have opted to take this important legislation and inject
politics where it does not belong.
I yield back the balance of my time.
Mr. WEBSTER. I yield myself the balance of my time.
Mr. Speaker, I am glad that we're finally getting ready to provide
certainty and stability to our aviation industry and to those who
depend on it for their livelihoods and safe travel.
The agreement reached between the House and Senate conferees is far
from perfect, and I doubt everyone got everything they wanted. But it
promises to improve air travel for passengers, comfort and safety,
while ensuring a more modern air traffic control system. It keeps
spending flat, and it's free of earmarks, tax increases, or any
increase in passenger facility charges. It provides funding for airport
infrastructure projects that will spur much needed construction jobs
for an industry that has been hit particularly hard by the economic
downturn.
This conference report represents a step in the right direction.
While long overdue, in this instance, the legislative process has
finally worked, and Congress stands ready to work the people's will.
I ask my colleagues to join me in voting in favor of the rule and its
passage along with the underlying bill and its passage.
I yield back the balance of my time, and I move the previous question
on the resolution.
{time} 0940
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. MICA. Mr. Speaker, pursuant to House Resolution 533, I call up
the conference report on the bill (H.R. 658) to amend title 49, United
States Code, to authorize appropriations for the Federal Aviation
Administration for fiscal years 2011 through 2014, to streamline
programs, create efficiencies, reduce waste, and improve aviation
safety and capacity, to provide stable funding for the national
aviation system, and for other purposes.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 533, the
conference report is considered read.
(For conference report and statement, see proceedings of the House of
February 1, 2012, at page H230.)
The SPEAKER Pro tempore. The gentleman from Florida (Mr. Mica) and
the gentleman from West Virginia (Mr. Rahall) each will control 30
minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on the conference report to accompany H.R.
658.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MICA. Mr. Speaker, I yield myself as much time as I may consume.
Today, I am pleased to rise in support of the conference report for
the FAA reauthorization. This is the FAA Reauthorization and Reform Act
of 2012.
First, I want to take a moment to thank Ranking Member Rahall,
Chairman Petri, Ranking Member Costello, as well as Chairman
Rockefeller, Ranking Member Hutchison, and the conferees who worked on
this conference report and the underlying bill so that we could reach
an agreement on this conference report and this
[[Page H448]]
bipartisan bill. I also want to thank the gentleman from Texas (Mr.
Hall), the Science, Space, and Technology Committee chairman, who is
with us this morning, as well as Ranking Member Levin of the Ways and
Means Committee, for their assistance, and I want to thank other
committees in Congress that have played important parts and have
provided assistance to our Transportation and Infrastructure Committee
to get this bill done.
I must also thank the staff. If I look a little bedraggled this
morning, our staff is probably even more bedraggled. Almost all of the
members of the T&I Committee stayed through a markup that ended at 2:49
a.m. this morning, and they are here bright and chipper this morning. I
appreciate all of the staff. I want to particularly thank Holly
Woodruff Lyons, who is our staff director on the FAA subcommittee; Mr.
Jim Coon, our staff director of the full committee; Amy Steinmann
Smith, who is our policy director; Bailey Edwards; and Suzanne Mullen.
I also have to give a special thanks to our legal counsel, who last
night informed me she is resigning today. That was at about 2 a.m. in
the morning, but it was with good plans for her, her family and her
future. She has served the committee well. We'll miss her. It wasn't as
a result of staying up all night and working on this bill, but I'm sure
that provided some incentive.
People don't understand how our staff works. On this measure, our
staff worked over the holidays--and I'm talking about through Christmas
last year and the New Year's holiday. They worked on weekends, and they
worked late into the night, not unlike many Americans. They did this
for many Americans who want to work, and that's what this legislation
is about.
This legislation deals with our entire American aviation industry. It
sets all of the policy, all of the formulas. All of the major projects
are outlined. This is the blueprint for the United States of America
and, actually, for anywhere between 8 and 11 percent of our entire
economic activity.
Aviation, we take for granted, but two-thirds of all the people who
fly in the world fly in the United States. Aviation has provided a
magic carpet where today, these Members are here, Mr. Speaker, and in a
few hours or several flights later, they'll be home--across the
continent, to the far reaches of the United States and our territories.
That's the magic it provides us. It's the engine that drives business
and the economy for the United States, and this Congress failed to
provide a reauthorization.
I have only been the chair of this committee for a year now. I had
the good fortune of being the chairman of the Subcommittee on Aviation
in 2001, and we wrote the last authorization, a 4-year bill, in 2003
that expired in 2007 when the other side of the aisle had control. For
4 years, they had control of the House and the Senate, and for 2 years,
they had total control--House, Senate, White House.
{time} 0950
They could not pass a bill, a blueprint for the aviation industry.
They passed 17 extensions, and the former FAA Administrator said it's
causing havoc. These extensions cost the taxpayer millions of dollars,
and you can't run an agency that's responsible for so much of our
economy with these hiccup extensions.
Now, we've done a total of 23, probably more extensions in the
history of any other legislation that's come before this Congress for
authorization of an activity within the government. Twenty-three.
Seventeen. I had to do six.
I got a little testy, I got tough, but I said, enough is enough. I
was tough, and I think I did get people to come to their senses and say
that this isn't a Republican or a Democrat issue. This isn't a labor a
business issue. This is an issue about putting people to work and
defining Federal policy for one of the most important aspects of our
economy. So although it's tough, I intend to be tough.
Last night, we stayed till 3 o'clock in the morning. We'll stay as
long as it takes to get these measures done that are so important to
drive the economic engine of America. With the transportation
legislation last night, there were historic reforms, and we took 90
amendments, I believe, from the other side, in a very open process, and
everyone had an opportunity to participate and vote on this FAA
authorization and in the historic legislation that we passed at 2:49
a.m. this morning. So no one has been denied the opportunity to
participate.
It's amazing, when you come together, what you can get done, and the
American people want that. They're tired of the bickering and they're
tired of the fighting. Yes, we may have some heated discussions--yes,
we may have differences of opinion--but we got the job done. So today
is an historic day on two counts with two major accomplishments to pass
a transportation bill, working, again, with Members, and I appreciate
their work.
Today, this historic conference report finally sets a blueprint for
aviation industry and an important aspect of our economy. This sets the
policy for also taking us into the next generation of air travel. It's
called NextGen, next generation air traffic control, so our planes can
fly safer in the skies, so we have the ability to save fuel, so that we
can get from point to point and know where those aircraft are both in
the air and on the ground. This legislation sets that blueprint.
So I am very pleased to be here. I am pleased for the American people
because the Congress has done its work. They don't want excuses. They
want results. And today is a day of results for one of the longest-term
extended authorizations in the history of the United States Congress.
Mr. Speaker, it is important to document for the Record a clerical
error in the message to the Senate regarding the House appointment of
conferees on H.R. 658. On January 31, 2012, the Speaker appointed
members of the Ways and Means committee to serve as conferees on, among
other provisions, title VIII of the Senate amendment. The Journal, the
House Calendar and the signature sheets on the conference report
accurately depict this appointment. However, the message to the Senate
provided that the appointment was for title VII of the Senate
amendment. I want to assure Members that the House conferees acted in
accordance with the Speaker's appointment.
With those few remarks--and I will have additional--I reserve the
balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
I had hoped for legislation today that would be laser-focused on
creating jobs, on creating jobs and making our aviation system safer,
more efficient and more accessible for our flying public. Instead, much
of the drama over the FAA reauthorization, for the last year--and
there's been plenty of that drama--erupted over a provision of the
House-passed bill that would have changed how the National Mediation
Board, the NMB, counts votes in representation elections at airlines
and railroads.
Now, let me be clear. As I stated in our perfunctory one single, only
conference meeting on this issue, that provision had no place and these
labor provisions before the National Mediation Board have no place in
FAA reauthorization because it has nothing to do with improving safety
or creating jobs. Instead, it was a salvo aimed by the majority in this
House at our American workers.
Today, we have a conference report with a so-called compromise, but
that compromise still changes how airline and railroad workers join
unions. Now, some will say that this compromise is several degrees
better than the original provision in the House bill. Nevertheless, I
strongly oppose the inclusion of this NMB provision in the pending
legislation.
On the other hand, I am pleased that the conference committee flat-
out rejected the proposal of the original House-passed bill to sunset
the Essential Air Service program. I was beginning to suspect that my
Republican colleagues were confusing the EAS title of this bill with
the ESA, which, in my mind, refers to the Endangered Species Act. The
gentleman in the chair will know to which I refer.
But this conference report will not make EAS an endangered species,
fortunately, and the program will be continued with modest reforms to
ensure that it remains a worthy investment. For communities in my home
State of West Virginia, these airports are a vital lifeline and engine
of economic growth that will be preserved, and this is what I reference
when I refer to creating jobs.
[[Page H449]]
This legislation will improve safety, and it will improve efficiency.
It will create some jobs, though not enough, in my view. While it does
not slash FAA funding to 2008 levels, it could have authorized more
investment in our Nation's aviation infrastructure.
On the journey to a 100 percent sustainable, efficient, accessible,
and safe aviation system, this bill is just a way-point. Much more work
is still ahead, but at least this legislation will set a course for the
Federal Aviation Administration to follow in investing for the future
and in keeping the skies safe in the coming years.
I do not want to see the FAA countinue to limp along in the no-man's
land of serial extensions, to which the chairman has already referred--
23 or 24 to this date--and I certainly do not want to see another
shutdown of this agency, as we saw last August, with innocent
individuals being laid off work.
But I will watch closely how the NMB provision affects workers'
bargaining rights, and will be ready to act to correct any unfair
imbalance if that becomes necessary.
I reserve the balance of my time, Mr. Speaker.
Mr. MICA. I yield 4 minutes to the gentleman from Wisconsin (Mr.
Petri), the chair of the Aviation Subcommittee.
Mr. PETRI. Thank you very much, Mr. Chairman, for yielding. As are
you and our other colleagues, I am happy to see this process coming to
a conclusion.
The successful conference report that we're debating today
domonstrates our ability to take on important issues and still reach
bicameral, bipartisan agreement on how to move oru aviation industry
forward, reform a critical government agency, and create jobs.
This legislation will, at long last, provide stable funding and
policy direction for the FAA's safety programs, airport development
grants, NextGen efforts, and operations for budget years 2012-2015. The
legislation contains no earmarks and achieves savings for our
taxpayers.
This legislation includes many important aviation-policy initiatives.
I'm especially pleased with the reforms included in the legislation for
the FAA's NextGen program. The conference report establishes timelines,
performance metrics, and accountability for the NextGen program.
{time} 1000
The conference agreement also authorizes the FAA to streamline
environmental reviews that often stall out efforts to increase the
efficiency of our national airspace system. To be clear, the benefits
of the NextGen program are not only felt by aviation users. A May 2011
Deloitte study showed a $281 billion net benefit to the U.S. economy if
the NextGen program is implemented on time. So I'm pleased to move this
legislation that will help the FAA's efforts to implement the important
NextGen modernization program.
By setting requirements and deadlines for FAA rules for the safe
integration of unmanned aircraft systems, the conference report also
unlocks the potential for private sector job creation here at home that
has so far been stalled by government inaction.
Along with advancements in the NextGen program, this legislation
enacts policies that will foster sustained, long-term job creation in
our private sector, reaffirming the United States' leadership role in
aerospace innovation and manufacturing.
In addition to policy changes that help spur job creation, the
legislation makes over $14 billion available for airport projects over
the life of the bill. As the spring construction season nears, it's
important to have the stable funding available for airport projects.
This legislation gives airport managers the ability to plan and execute
airport projects that will support thousands of construction jobs. This
legislation also enacts protections to assure airline passengers are
treated properly and fairly in the event of travel delays.
The bill makes reforms to the Essential Air Service program,
eliminating Federal subsidies in the most egregious circumstances, as
highlighted last year.
Overall, the reforms included in the legislation will make the FAA
work smarter, reduce its footprint, and deliver more.
The final product will provide the kind of stability and job creation
for America's aviation infrastructure that this Congress and the
American people have been looking for.
I strongly support this legislation, and before concluding would like
to acknowledge the very hard work of Holly Lyons and our general
counsel, Bailey Edwards, as well as Giles Giovinazzi and Alex Burkett,
who have helped negotiate with the Senate and bring this project to a
successful conclusion.
Mr. RAHALL. Mr. Speaker, at this point I am very honored, in a
nostalgic way, to recognize the gentleman from Illinois, the former
chairman of our subcommittee on aviation, the current ranking member,
who is taking his expertise--and hopefully not his friendship--and
going elsewhere after this year. He has been a very valued member of
our committee, and his treasure chest of knowledge on this issue is
boundless. I am just so happy and thankful that we've had Jerry
Costello to represent us on this issue for so many years.
I recognize him for as much time as he wants.
Mr. COSTELLO. Mr. Speaker, I thank the ranking member of the full
committee, Mr. Rahall. Let me thank him not only for his friendship and
his kind words but for his leadership on the committee on so many
issues.
As the chairman pointed out, we were in a markup until almost 3 a.m.
this morning, and Mr. Rahall led us on our side of the aisle in working
together to try and come up with a better product than was presented to
us last night. So I thank him.
Mr. Speaker, I rise in support of the conference report. I want to
say from the outset that I'm deeply disappointed in the change to the
Railway Labor Act that was added to the conference report during final
negotiations on the National Mediation Board provision between Speaker
Boehner and Majority Leader Reid. The NMB language had been dropped
altogether, as Mr. Rahall indicated in his statement. Congress should
not be amending the Railway Labor Act in this bill. Importantly, there
are several provisions in the conference report that help organized
labor, and after working on this legislation for over 5 years, I
believe it's necessary to move forward and enact a multiyear
reauthorization of the Federal Aviation Administration.
However, I want to be clear: I join the ranking member, Mr. Rahall,
and many others, that if the Railway Labor Act change proves to have a
significant impact--negative impact--on the right to organize, we must
come back and revisit this issue.
One of my highest priorities in the FAA reauthorization bill has been
and is fair bargaining rights for employees at the FAA. After leading
the fight for many years, I am pleased that the conference report
establishes a process for mediation and binding arbitration of impasses
between the FAA and its unions.
As Chairman Petri indicated, the FAA Modernization and Reform Act
provides $63 billion dollars for FAA infrastructure programs,
operations, and research over the 4-year period of the bill. I wanted
to see higher funding levels and a passenger facility charge increase
for job-creating airport infrastructure projects. However, the funding
levels in this conference report are an improvement over the 2008
levels originally proposed in the House-passed bill. They are roughly
level with the current year's appropriation.
The conference report also includes a number of safety provisions in
the FAA reauthorization bill that we had in previous Congresses, such
as a stronger requirement for maintenance work performed on U.S.
commercial airlines by outside contractors. It also requires the FAA to
assess the appropriate staff levels for air traffic controllers, FAA
managers, and aviation safety inspectors.
In addition, the conference report takes important steps to advance
the next generation air traffic control system that is desperately
needed not only by the industry and for the flying public but by the
country as a whole. We create a new chief NextGen officer who will
serve as the primary point of contact for NextGen implementation at the
FAA to provide accountability and stability, and require reporting
metrics to ensure that NextGen is making progress.
[[Page H450]]
Further, it would require the FAA to work closely with affected
unions in the planning, development, and deployment of NextGen. I wrote
this provision in the bill 4 years ago, and I'm glad to see that it
will be enacted into law in this conference report.
Finally, Mr. Speaker, despite the flaws that we talked about in the
bill, we desperately need a long-term FAA reauthorization bill, and
that's why I'm supporting this bill.
I thank the ranking member, Mr. Rahall, Chairman Mica, Chairman
Petri, and other committee members for all of their hard work on this
legislation, and I thank the staff on both sides of the aisle, who have
worked very hard over the past 5 years to try and bring us to the point
where we are today to get a bill on the President's desk.
Mr. MICA. I yield myself 15 seconds to say how much Pat Mica and I
have enjoyed our relationship with Jerry Costello and his wife,
Georgia. People don't know a lot about Congress and how many friends
there are across the aisle and how we can be privileged to have
somebody like Jerry Costello, both to chair an aviation subcommittee
and to be a ranking member, a key player.
I now yield 3 minutes to the gentleman from Pennsylvania, one of the
conferees, and a senior member of the Transportation and Infrastructure
Committee, Mr. Shuster.
Mr. SHUSTER. I rise today in support of the conference report for the
FAA Modernization Reform Act of 2012. This is a very good bipartisan,
bicameral conference report.
I want to congratulate Chairman Mica, Ranking Member Rahall, Chairman
Petri, and a special congratulations and thanks to Ranking Member
Costello for years of service here. It's been a pleasure serving with
you, and I wish you the best as you ride off into the sunset, but I'm
sure you'll be doing great things in the future. So, again, thanks for
all your hard work in your years here in Congress.
Mr. Speaker, the Modernization and Reform Act does not raise taxes or
passenger facility charges. It holds spending levels through 2015 at
$63 billion over the 4 years, and it does not add to the deficit, which
I'm very pleased to see.
It provides long-term stability for the FAA and the aviation
industry, which is a certainty in that transportation sector that has
sorely been missing in the economy. So we believe it's going to create
and sustain good-paying jobs.
It accelerates and requires accountability for the deployment of
NextGen, the FAA's air traffic control modernization program, which we
need in order to be able to more efficiently manage the skies above us.
{time} 1010
It provides for unprecedented reforms of the National Mediation
Board.
While I'm disappointed that we were unable to include the European
Union's Emissions Trading Scheme prohibition language, we will continue
to pursue the passage of that bill. I think it's something we really
need to focus on here in Congress before the taxes are starting to be
collected and do great damage and harm to our aviation and airline
industry.
This is a responsible and much-needed conference report. Therefore, I
urge all Members to vote to pass the conference report for the FAA
Modernization and Reform Act of 2012.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. DeFazio), a member of the conference committee as well.
Mr. DeFAZIO. I thank the gentleman for yielding.
I was named conferee. I have been on the aviation committee for 26
years. There was no legislative conference.
The most contentious provision of the bill was a deal that was struck
between Harry Reid, the majority leader of the Senate, and Speaker
Boehner; and it was a take-it-or-leave-it deal.
Now, this bill is absolutely critical to the safety and security of
the aviation system of the United States of America. It's critical for
its modernization. It's critical for its competitiveness. These things
are extraordinarily important to our country. Aviation constitutes, in
aggregate, about 10 or 11 percent of our gross domestic product. It is
not a sector that we can continue to ignore and underfund in terms of
providing it with the tools it needs to be more fuel efficient and
safer for the traveling public and more efficient for business
transport and goods.
But those things should not be held hostage to the incredible anti-
labor bias of the majority here in the House. The bill that passed our
committee would have established a rule for the formation of a union
that said anybody who was eligible to vote, who didn't vote, counts as
a ``no.''
I went and reviewed the elections of every Member of Congress and,
guess what, if we had that rule, if every person who was a potentially
eligible voter would be counted as a ``no'' vote in your election, not
one Member of Congress, even those who get 80 percent, would have been
elected because you had more people who didn't vote than you got votes,
not one Member of Congress; but that would be fair for the working
people of America according to the Republicans here in the House. That
was an incredibly egregious provision, outrageous.
So then we move to the Senate. Well, we go through this little thing
last summer where we actually shut down the FAA. Now, I know you don't
care about 4,000 Federal employees, that's fine. But you also put out
of work 78,000 people who were working in the private sector on the
modernization and updates of our aviation system at our airports--all
over wanting and hating unions.
Now, I don't get it. I don't get why you hate unions and working
people. I really don't understand that.
So here we come to the final product, and the final product will make
it much easier for someone in the anti-labor airline out there,
perhaps, to deunionize in, say, a merger or even in an election because
their furloughed employees would count in an election. You don't know
who they are, where they are. They get to vote. And you have to have an
election to have an election, and you have to win the election to have
an election.
This is not a fair provision. We need the changes in this bill, but
we do not need to attack the working people of the United States of
America.
Mr. MICA. Mr. Speaker, I yield myself 30 seconds.
Let me just say that we did not change the provision of the law, that
it still requires the same provisions that the NMB put in place that
changed 70 years of labor law. Of anyone who shows up--if there are
1,000 people in the union and 200 show up--101 can have a vote and go
into the union. We did change a requirement, and actually, I didn't
negotiate it specifically.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MICA. I yield myself 30 additional seconds.
That was negotiated by our Mr. Boehner, our Speaker, and the
leadership controlled by the Democrats in the Senate. In fact, it is
fair to labor because it does requires a certain number of people to
sign up to have the election.
I think it's a good compromise. The House voted to do away with the
provision that the gentleman spoke about. Republicans are concerned and
want to help labor. In fact, the vice-chair of our subcommittee, Mr.
Cravaack, is a card-carrying member of the union. So that's bogus.
I yield 3 minutes to the distinguished gentleman from Texas (Mr.
Hall), the chairman of the Science, Space, and Technology Committee.
Mr. HALL. Mr. Speaker, I rise, of course, in support of the
conference report of H.R. 658.
To begin with, I think I recognized our chairman gave accolades to
all those he worked with, and I think we owe accolades back to him and
his fine staff.
The word ``transportation'' indicates travel, and he's traveled all
over this country to bring this bill together. I don't think he's
turned anybody down that's asked him to come down to help them with
their area and given us due consideration.
The Committee on Science, Space, and Technology, in working with our
Senate counterparts, helped write title IX, reauthorizing Federal
Aviation, Research and Development. We also worked with our friends on
the House Transportation and Infrastructure Committee to draft various
sections relating to the FAA's NextGen Air
[[Page H451]]
Transportation System in title II, the section relating to Unmanned
Aircraft Systems in title III, and the provision addressing commercial
space-launch licenses.
I appreciated working with Jerry Costello on that line. He has been a
gentleman and we'll miss him.
The FAA underpins our Nation's economy and helps sustain a high
quality of life, enabling people to travel safely, reliably,
conveniently, and relatively inexpensively to virtually every corner of
the Nation and the world. It's a 24-7 operation, staffed by highly
trained and dedicated controllers and technicians who rely on evolving
technologies to ensure mission success. A robust research and
development program was fundamental to FAA's role. The NextGen program,
which is expected to cost well over $20 billion when completed, will
modernize our air traffic control system to accommodate ever-increasing
numbers of flights, but doing so safely, efficiently, and with less
fuel burn.
Even though FAA is a highly automated, technologically driven agency,
one of the peculiar ironies is its low level of investment in R&D. For
fiscal year 2012, FAA requested an R&D budget of $386 million, which
amounts to slightly less than 2.5 percent of the agency's total budget.
That's a small level of investment for an agency that relies heavily on
automation and is only made possible because of aeronautics-related R&D
activities funded by the National Space Administration, which is
carefully coordinated with the FAA and the industry.
Mr. Speaker, I'm pleased that Mr. Mica and his leadership were able
to bring closure on this matter and on this important bill.
I urge all Members to support this legislation.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson), who is not only a member of our
Transportation and Infrastructure Committee, but also our ranking
Democrat on the Science, Space, and Technology Committee.
Ms. EDDIE BERNICE JOHNSON of Texas. Let me thank the chairman and
ranking member of the full committee of the Transportation and
Infrastructure Committee, as well as the Science, Space, and Technology
Committee.
I would simply say that, at the end of this year, I will have
completed two decades on both of these committees. On committees is
where you develop most of your friendships.
Jerry Costello and his wife, Georgia, have been one of those true
friendships that I have experienced, and I'll miss him greatly and I'll
miss her greatly when he retires. I hope they'll visit often.
{time} 1020
My role as a conferee on this conference committee was as ranking
member of the Science, Space, and Technology Committee, and I would
like to highlight some of the provisions in the bill that fall within
the jurisdiction of this committee.
The NextGen modernization authorized in this bill will transform the
National Airspace System. Through NextGen's satellite-based traffic
management, we will be able to address increased congestion in our
Nation's skies while improving safety and reducing the environmental
footprint of our air transport. Transitioning to a GPS-based air
traffic control system will allow airlines to reduce flight delays,
save fuel, and cut the amount of harmful emissions from aircraft
engines. There is no doubt that the successful implementation of
NextGen will boost our economy and enable the creation of more jobs.
The bill also authorizes the Secretary of Transportation to establish
a Center for Excellence to develop innovations in jet fuel production,
spurring the development of new and better energy technologies.
Through the conference committee, we were able to improve upon the
version initially passed by the House of Representatives; but as with
all legislation, there were many compromises, and there were several
aspects of this legislation which I believe could further be improved,
as with any piece of legislation. On balance, however, the conference
report contains needed policy direction and authorizations that warrant
Member support.
While the funding proposed for research and development is less than
I believe we need to invest, the conference report represents an
improvement over the funding levels in the House-passed bill.
I'm also disappointed that the commercial space transportation
provision included in this conference report was done so without the
benefit of a serious review of its impacts. I expect that Chairman Hall
and I will be taking a serious look at these issues associated with
commercial space transportation and this provision during the remainder
of the session of this Congress.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RAHALL. I yield the gentlewoman 1 additional minute.
Ms. EDDIE BERNICE JOHNSON of Texas. I am, however, pleased that a
number of policy provisions we worked on in the Science, Space, and
Technology Committee have been included in this conference report. For
example, the House mandates FAA research on methods and procedures to
improve confidence in and the timeliness of certification of new
technologies for introduction into the National Airspace System.
So, Mr. Speaker, there is much work to be done to keep our skies
safe, but it is certainly time for Congress to act. This
reauthorization is the culmination of years of work that has not been
fair to the FAA and its employees who are trying to figure out whether
they're going to exist or not with 23 extensions. So with the guidance
to pursue its long-term initiatives, we will take our aviation system
into the 21st century, and I urge my colleagues to support this
imperfect bill. But let me say, Mr. Speaker, I have not yet experienced
a perfect bill.
Mr. MICA. Mr. Speaker, I am pleased to yield 2\1/2\ minutes to the
young, dynamic leader and chair of the Space and Aeronautics
Subcommittee of the Science, Space, and Technology Committee, the
gentleman from Mississippi (Mr. Palazzo).
Mr. PALAZZO. I thank the chairman for the time.
Mr. Speaker, I rise in support of the conference report to H.R. 658,
reauthorizing the Federal Aviation Administration through fiscal year
2015.
Early last year, the Space and Aeronautics Subcommittee held an
oversight hearing on FAA's research and development programs. On March
9, 2011, Science Committee Chairman Ralph Hall introduced H.R. 970, the
Federal Aviation Research and Development Act of 2011. A month later,
it was reported out of the Science, Space, and Technology Committee.
The bill was ultimately incorporated into H.R. 658, which is now before
us.
FAA's Research, Engineering, and Development account funds a number
of programs and projects that are essential to the agency's ongoing
safety, capacity, and air traffic modernization efforts.
To give a few examples of its safety-related activities, FAA conducts
research on the flammability of materials used in airplane cabins and
on methods to improve fire suppression systems; research on mitigation
of aircraft icing, on early detection of cracks and failure modes
related to aging aircraft; and improving our understanding of human
factors.
In the environmental arena, examples include research on fuel
additives to replace lead in aviation gasoline that powers piston-
engine aircraft and better characterizing aviation's impact on local
air quality.
With regard to air traffic control, FAA is investing a considerable
portion of its R&D funding on the NextGen modernization program to
increase the capacity of air space, improve safety, and provide for
more efficient routings.
Most of FAA's R&D is managed out of its technical center located at
the Atlantic City, New Jersey, airport; but as many Members are aware,
FAA also engages a large number of leading research universities using
competitively selected cooperative research grants.
Mr. Speaker, this is a fiscally responsible R&D provision funding
FHA's Research, Engineering, and Development account at its current
spending level of $168 million a year for each year through 2015. This
is well below amounts proposed by the Senate during conference
negotiations.
I support this conference report and urge Members to support it as
well, and I thank Mr. Mica for all his hard work.
[[Page H452]]
Mr. RAHALL. Mr. Speaker, I am very pleased to yield 2 minutes to the
gentleman from California (Mr. Miller), our ranking member on the House
Education and the Workforce Committee. He is a true friend and leader
of the interests of all working men and women in this country,
especially our coal miners.
Mr. GEORGE MILLER of California. I thank the gentleman for yielding
me this time.
Mr. Speaker, I rise in opposition to this conference report. This
compromise stands as an example of why it is counterproductive to
negotiate with hostage takers.
Initially, the Republicans insisted that to keep the FHA up and
running we make union elections as unfair as possible. For instance,
they said that in a union election we should count anyone who did not
vote in that election as a ``no'' vote. Members of Congress immediately
recognized that none of us would win those elections and none of us
would be here today; and if it is unfair for us, it must also be unfair
for the workers of this country. The Republicans gave up that demand
thanks to the Democrats. The rule providing for fair elections is
protected.
Instead of succeeding at making union elections unfair, this
conference report makes these elections difficult, if not impossible,
to hold at all. This report contains numerous statutory changes, not
rules changes, but statutory changes, that will make it harder for
workers to get an election and have a voice at work. A voice at work is
a fundamental right granted to every worker in this Nation by the laws
of this Nation. These changes will require an act of Congress to undo.
The compromise leads to absurdities. Under the election rule, which
is safe for the time being, workers need a majority of actual votes to
win in a union election, and that is fine. Under the conference report,
to even hold an election, workers must first get a majority of all of
the eligible workers to sign cards supporting the unions. These are
nationwide units stretched across the country. You don't have access to
all of those workers. You don't even know where many of them are. In
the airlines, many of them may have been furloughed for a number of
years.
Imagine if a congressional election were run this way. To get on the
ballot, you first need a majority of all of the voters in your district
to sign cards saying they supported you, but you didn't know who those
voters were and you didn't know where they lived. None of us would be
elected.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. RAHALL. I yield the gentleman an additional minute.
Mr. GEORGE MILLER of California. None of us would be elected under
this requirement. In fact, there probably wouldn't even be an election.
Once again, we wouldn't run under these conditions. We wouldn't
participate in an election under these conditions, and yet we are
insisting that American workers have their elections rigged in this
fashion. At this point, especially when you see how it might work in
airline mergers, there again this rule works against the workers in
trying to assemble the election unit.
Mr. Speaker, I cannot support this bill. It undermines the rights of
American workers for no purpose other than to satisfy the ideological
demands of the Republicans and their special interest backers.
I urge my colleagues to join me in defeating this conference report.
Mr. MICA. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from California, a senior member of the Science, Space, and
Technology Committee, Mr. Rohrabacher.
Mr. ROHRABACHER. I thank the gentleman for yielding, and I rise in
support of the conference report on H.R. 658.
This legislation goes a long way in addressing some concerns I have
had regarding our Nation's aviation enterprise. Two of those provisions
I would highlight this morning:
The first is an extension of a provision from legislation that I
supported back in 2004 when I was chairman of the Space Subcommittee of
the House Science Committee.
{time} 1030
Let me note that these provisions inaccurately were just described as
not having had hearings. There were lots of hearings on these
provisions. The provisions relate to the FAA Office of Commercial Space
Transportation and are designed to make certain the FAA does not limit
the development of the commercial human spaceflight industry without
specific data about what will increase safety. This extension will
encourage continued research and development while building
industrywide flight experience so these companies can best serve new
and existing markets. This includes expanding the research portfolio
for federally funded science in the upper atmosphere and in space.
The second provision provides a slight increase in the number of
flights from Ronald Reagan Washington National Airport so that it can
accommodate these flights to and from the west coast. This small
increase will help my constituents in southern California and all
Americans in the western States to meet their Representatives in
Washington, DC, or visit the Smithsonian or perhaps enjoy the cherry
blossoms in the spring. It will also enable those from the Washington
area to visit California, California's beaches and California's
sunshine and perhaps maybe want to join the Freedom Surf Team. This
legislation takes us a step closer to removing the unnecessary and
unfair restriction on flights to and from the west coast.
Mr. RAHALL. Mr. Speaker, I am pleased to yield 2 minutes to the
gentlelady from Florida, Ms. Corrine Brown, who is our ranking member
on the Railroads Subcommittee on Transportation and Infrastructure.
Ms. BROWN of Florida. Mr. Chairman, first of all, I want to thank
Chairman Mica and Ranking Member Rahall for their work in bringing the
FAA bill to the floor; but I particularly want to thank Mr. Costello
because, without his leadership and working this bill through for many
years, we would not have a bill on the floor. The public really owes
you a great debt of gratitude, and I want to thank you.
I think the aviation community deserves a long-term aviation bill so
they can plan for the future needs of the traveling public. We have had
23 extensions already, and it's really time to send a bill to the
President, but this is not a perfect bill. And I don't support the
labor compromises in this bill, and I don't believe it should have been
in the aviation bill in the first place; but our airports, airlines,
and passengers have waited too long for these important safety
provisions.
My home State of Florida relies on air service to support our
tourist-based economy. We have 20 primary airports, 22 reliever
airports, and 57 general aviation airports, with our top three airports
generating close to 45 million enplanements per year. These airports
help create jobs and grow the economy.
And I've really got to say that if we don't pass this, there probably
will not be any opportunities for people to work in transportation,
because the piece that we passed at 3 o'clock this morning out of the
Transportation Committee is the worst bill I have seen in the 30 years
I've been elected. I've been in transportation 10 years in the Florida
house and close to 20 here, and it was truly the worst bill I have ever
seen.
When people from California went into the bill and took almost $1
billion from the people from California, people from Houston took it,
not only taking the safety of the public, I mean taking the
transportation dollars and doing away with all of the regulations.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RAHALL. I yield the gentlelady 1 additional minute.
Ms. BROWN of Florida. It is truly a sad day for transportation, and
this will probably be our only work product because Members come to the
floor, and they rail about the Senate. Well, let me tell you something.
The Senate doesn't have to take up our bad work. In fact, this bill,
this transportation bill, should be dead on arrival when it gets to the
Senate.
I will do all I can to continue to work to put people to work and
work for making sure that we have a transportation and infrastructure
bill that will really put people to work; because we know, for every
billion dollars we spend, it generates 44,000 jobs.
This is truly the worst bill I've ever seen.
[[Page H453]]
Mr. MICA. I yield myself 30 seconds, Mr. Speaker.
I am pleased to hear the cooperative tone of the other side of the
aisle, which had the opportunity, when it controlled the House, the
Senate, and the White House, to pass a bill and failed to do so. But
I'm really encouraged today by their willingness to come together in a
bipartisan effort on behalf of the American people and to get one of
the most important job creation infrastructure bills and pieces of
legislation done, which is our responsibility.
I yield 1 minute to the chair of the Aviation Subcommittee, the
gentleman from Wisconsin (Mr. Petri).
Mr. PETRI. I thank the chairman for yielding.
I would be remiss to see the discussion of this conference report
conclude without expressing my admiration and appreciation of the
service of our colleague, Jerry Costello, for whom I suspect this may
be the last FAA reauthorization, although I know he will not be riding
off into the sunset. He will be very much around in one capacity or
another, continuing to play an important role in developing public
policy and affairs.
Both as the ranking Republican and again as chairman, it has been a
pleasure to work with him. I think he has always been open to comments
and suggestions. It has been a team effort, especially through the
leadership that he has taken in grabbing the bits and helping to
establish focus at the FAA for the NextGen effort, which was
floundering when he became chairman of the Aviation Subcommittee. It is
a major contribution, I think, to an important sector of our economy.
The SPEAKER pro tempore. The gentleman from West Virginia has 7\1/2\
minutes remaining. The gentleman from Florida has 6 minutes remaining.
Mr. RAHALL. Mr. Speaker, I yield 3 minutes at this time to the
gentlelady from Texas, Ms. Sheila Jackson Lee.
(Ms. JACKSON LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON LEE of Texas. I, too, want to rise today to acknowledge
both the chairman and the ranking member. I know that this has not been
an easy task. And I certainly want to express my appreciation to Mr.
Costello for the work that he has done and the friendship he has shown
to Members, but also the understanding that he has had for this
industry.
For those of us who represent airports, I cannot deny that this is an
important bill and legislative initiative. So let me thank you and
thank you, as well, for the late hours that all of you who are on the
Transportation Committee engaged in.
Might I, for a moment, before I speak of this bill, thank the ranking
member and Congresswoman Brown and Congressman Johnson for saving
Houston, again, in its light rail. This is something I've worked for
for almost 20 years, and the amendment last evening that would have
defunded Houston's rail, light rail, was absurd and, frankly, an
outrage. I hope, as we proceed, we'll find a way to recognize that
Members' projects for their constituents for regional mobility should
not be tampered with by those living miles away from their community.
So I am just thankful for the recognition of the importance of rail and
job creation.
As I indicated, I do rise in support of the infrastructure aspects of
this bill. We cannot deny that I am grateful for the airport trust fund
language dealing with how do you do the airport fees for the NextGen
technology; but I serve as the ranking member on the Transportation
Subcommittee, and there is language in there about TSO officers.
Remember, we were privatized on 9/11.
Despite having never been debated by the Committee on Homeland
Security--the committee of jurisdiction--and having no Members being
appointed conferees on behalf of the FAA conference committee, section
830 of the conference report for the FAA reauthorization has been
tampered with.
{time} 1040
It limits TSA's flexibility to approve or deny an application from an
airport to opt out of using the Federal screening workforce for
passenger and baggage screening. Let me remind you, the airports had
privatized security on the day of 9/11. That's why we went to the
transportation security officers.
It places an arbitrary time limitation of 120 days on TSA to
determine whether approval of an airport's application would compromise
security, affect cost efficiency or the effectiveness of screening
capability.
It increases administrative burdens on TSA by requiring a tedious
paperwork exercise each time an application is denied.
It provides a waiver for the existing law that requires private
screening, and it says that we shall do it.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. RAHALL. I yield the gentlelady an additional 30 seconds.
Ms. JACKSON LEE of Texas. I thank the gentleman.
It provides a waiver for the existing law that requires a private
screening company contracted will be owned and controlled by a citizen
of the United States, meaning that it waives the fact that you have to
be a United States citizen to provide security for those who are
traveling.
And it requires--it says you ``must'' privatize some of these
airports. Did we learn from 9/11?
So besides the poison pill on labor, counting people who don't even
show up to vote, now we have a situation where we are forcing our
Nation's airports to privatize their security.
I ask my colleagues to reflect on this challenge.
Mr. Speaker, I rise today in opposition of H.R. 658, ``the FAA Air
Transportation Modernization and Safety Improvement Act.'' This bill
would authorize appropriations, mainly over the 2011-2014 period, for
activities of the Federal Aviation Administration, FAA, and other
federal programs related to aviation.
In addition, the measure contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act, UMRA,
because it would impose new requirements on both public and private
entities that own aircraft or airports. CB0 estimates that the
aggregate cost of intergovernmental mandates in the bill would fall
well below the annual threshold established in UMRA ($71 million in
2011, adjusted annually for inflation).
It would impose additional private-sector mandates on operators of
certain aircraft, entities registering or obtaining certification with
the FAA, commercial air carriers, employees in air or rail industries,
and unions.
As a Senior Member on the House Homeland Security Committee I have
been one of the foremost proponents for the swift passage of the FAA
Reauthorization Act. But in its current form I cannot vote for this
measure. Our national air transportation system is fundamental for the
future growth of our economy. However, Congress must ensure our safety
and our national security is not at risk without a comprehensive, long-
term reauthorization of the FAA Act and not with Homeland Security
issues being decided. There are two provisions that have been placed in
this bill which are poison pills and must be addressed prior to its
passage.
Despite having never been debated by the Committee on Homeland
Security, the Committee of jurisdiction, and no Members being appointed
conferees on behalf of the Committee, section 830 of the Conference
Report for the FAA Reauthorization deals with the Transportation
Security Agency, TSA, which falls under the jurisdiction of the House
Homeland Security committee which I sit on.
Under this Conference Report TSA will be limited in approving or
denying an application from an airport to `opt-out' of using the
federal screening workforce for passenger and baggage screening. It
also places an arbitrary time limitation of 120 days on TSA to
determine whether approval of an airport's application would compromise
security, affect cost-efficiency or the effectiveness of screening
capabilities.
It also increases administrative burdens on TSA by requiring a
tedious paperwork exercise each time an application is denied. And
lastly it provides a waiver for the existing law that requires a
private screening company contracted with be owned and controlled by a
citizen of the United States.
As concerned as I am about the aviation security policy changes made
in the bill, I am equally concerned about the process that got us to
this point. The Committee on Homeland Security has sole jurisdiction
over TSA. It has debated several aviation security bills during the
112th Congress, including a TSA Authorization bill.
The language in the Conference Report to the FAA Reauthorization was
never debated by the Committee and no hearings were held by the
Committee to examine the merits of the changes. Indeed, the Committee's
Subcommittee on Transportation Security is scheduled to have a hearing
on the program addressed in this legislation next week with
[[Page H454]]
the Administrator of TSA set to testify. Unfortunately, it appears that
hearing will come up ``a day late and a dollar short.''
Section 830 of the Conference Report for the FAA Reauthorization:
Limits TSA's flexibility to approve or deny an application from an
airport to ``opt-out'' of using the federal screening workforce for
passenger and baggage screening;
Places an arbitrary time limitation of 120 days on TSA to determine
whether approval of an airport's application would compromise security,
affect cost-efficiency or the effectiveness of screening capabilities;
Increases administrative burdens on TSA by requiring a tedious
paperwork exercise each time an application is denied; and
Provides a waiver for the existing law that requires a private
screening company contracted with be owned and controlled by a citizen
of the United States.
As concerned as I am about the aviation security policy changes made
in the bill, I am equally concerned about the process that got us to
this point. The Committee on Homeland Security has sole jurisdiction
over TSA. It has debated several aviation security bills during the
112th Congress including a TSA Authorization bill.
The language in the Conference Report to the FAA Reauthorization was
never debated by the Committee and no hearings were held by the
Committee to examine the merits of the changes. Indeed, the Committee's
Subcommittee on Transportation Security is scheduled to have a hearing
on the program addressed in this legislation next week with the
Administrator of TSA set to testify. Unfortunately, it appears that
hearing will come up a day late and a dollar short.
The National Mediation Board, NMB, has ruled that in order to
organize, aviation workers need to have a majority of the voting
workers for that particular election. My Republican colleagues however
overturned the NMB determination by requiring a majority of all
workers, rather than a majority of all voting workers. This has
significantly watered down the ruling by the NMB. I cannot stand by and
witness the rights of workers being stripped away one piece at a time.
If this is the standard that is going to be set for workers who wish to
form a Union, then Members of Congress in our fine Democracy should
also have the same standards. Rather than a majority of voting
citizens, it should be a majority of citizens. If this is not a
requirement upon which our democracy is based. It should not be the
requirement for Unions.
I believe that aviation contributes over 1.2 trillion in economic
activity and provides 11 million jobs annually. Indeed, the partial FAA
shut down had a negative impact on the Airport and Airway Trust Fund,
furloughed employees, and stop work order measures that have halted
construction on key infrastructure projects, such as the $25 million
construction of Replacement TRACON in Houston. However, something must
be done to address the privatization of airports--the impact on TSOs as
well as the ability of workers to have a fair and democratic vote.
Mr. MICA. Mr. Speaker, may I inquire as to how much time remains on
both sides.
The SPEAKER pro tempore. The gentleman from Florida has 6 minutes
remaining. The gentleman from West Virginia has 4 minutes remaining.
Mr. MICA. I would be pleased at this time to yield 1 minute to one of
the most distinguished chairs of the Transportation Infrastructure
Committee, a good friend, the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the gentleman for yielding, and I want
to congratulate you.
For those who condemn this bill, remember, we have not had a
reauthorization FAA for many, many years. And I think this has been
well thought out. This bill will do the job, and we should get it done
for the American people.
This is a process of compromise. And we've done this with the Senate
side, which is really the problem with most of these debates we have as
far as conferences go. But it would be a sad day if we didn't pass this
legislation, because the work has gone into it and it does solve lots
of problems. It gives assurity for the FAA: they can plan ahead, make
our airports safer, make our flyers safer, and have the navigations
necessary.
So I congratulate the chairman and the ranking member getting this
bill done. The negotiating part was very difficult, but they've done a
good job.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentlelady from
California, Ms. Maxine Waters, ranking member on our House Financial
Services Committee.
Ms. WATERS. As the Member of Congress who represents Los Angeles
International Airport, also known as LAX, I know we need a multiyear
FAA reauthorization.
LAX is the world's sixth busiest airport. LAX creates an estimated
59,000 jobs in or near the airport and has a total annual economic
impact estimated at $60 billion.
In 2008, 60 million passengers and 1.8 million tons of freight and
mail passed through LAX. All of this economic activity depends upon the
FAA and the work that it does every day to guarantee a safe and
efficient air travel system. My district also includes the Western-
Pacific Regional Office of the FAA in Hawthorne, California, where
dedicated FAA engineers and program managers plan improvements of
airport operations.
I'm extremely disappointed that this bill contains changes to labor
laws affecting the dedicated workers at our Nation's airlines and
railroads. This labor provision increases the percentage of employees
who must express interest in having an election regarding union
representation from 35 percent to 50 percent. This provision was
included without consultation of the workers who will be affected and
without a vote on the House floor. It is unfortunate and divisive, and
there is no reason for it to be in this bill.
Last August, the FAA was forced to shut down many of its operations
because the House of Representatives refused to pass a simple bill to
extend its funding reauthorization. As a result, 4,000 FAA employees
were placed on furlough. Those affected included many of the FAA's
engineers, scientists, research analysts, administrative assistants,
computer specialists, program managers, environmental protection
specialists, and community planners. These government workers were
being forced to live without pay for 13 days and were unable to do
their jobs developing our air traffic infrastructure and serving the
flying public.
I would like to support this bill, but this is problematic; and I
reserve my comments further on this bill.
Mr. MICA. I continue to reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield the remainder of my time to the
gentleman from Illinois (Mr. Costello). Once again, I cannot say how
much we're going to miss his knowledge and his expertise on this and
many other issues on our Transportation and Infrastructure Committee,
but I yield him the balance of my time.
Mr. COSTELLO. Mr. Speaker, again, I thank the ranking member, Mr.
Rahall. We've worked very closely together on this legislation. And
over the next 9 or 10 months of my service to complete my term, we're
going to continue to work together.
I want to thank Chairman Mica. We do not always agree on every issue,
but we work together in an open process. He has extended many
courtesies to me, and I appreciate his friendship and his leadership.
No one wanted to bring this bill to the floor more than he, and a
number of us as well. But he has done his very best. He said when he
took over as chairman that he was going to bring an FAA bill and a
highway bill to the floor, and I think he has every intention to do
that. And we're halfway there as of today.
And let me say, Mr. Petri, who, as chairman of the Aviation
Subcommittee for 4 years, I could not have had a better ranking member.
Now as ranking member, I could not have a better chair as far as a
working relationship, and we've done things in a bipartisan manner. So
I thank the chairman, and I thank the subcommittee chairman and the
ranking member.
Let me conclude by saying that this is not a perfect bill. I have
major concerns with the NMB. It should not be in this bill. And if in
fact there are problems as a result of the provisions put in this bill,
it is my intent, and the intent of many on our side, to come back and
try and address that in an appropriate way.
There are many provisions in this bill that will enhance safety; and
there are a number of provisions in this bill that will protect workers
and workers' rights over at the FAA and the unions that represent
employees at the Federal Aviation Administration.
So I will be supporting the conference report.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. The gentleman from Florida has 5 minutes
remaining.
[[Page H455]]
Mr. MICA. First, I'd like to insert in the Record a list of the staff
who worked on H.R. 658.
Mr. Speaker, as I close today on this historic legislation, again, I
can't thank enough folks like Mr. Costello, who will be leaving us; Mr.
Rahall, our ranking member; the leader of the committee, Mr. Petri; and
others who have been here helping and working on this.
I think Mr. Costello and Mr. Young summed it up: this is the work of
many people. It is not exactly what any one of us individually would
offer. The important thing is this provides some certainty in an
uncertain time. This process is very difficult; the Founding Fathers
wanted it that way. But the American people want us to get the job
done.
Now, just to be factual, the other side, again, had 4 years in which
they controlled this body, the United States Senate, and 2 years in
which they had significant majorities and the Presidency; and they
could not get it done. They did 17 extensions. Let me praise Mr.
DeFazio; I didn't see him here. He and I helped lead the effort to
pass, in 2003, a 4-year bill that expired in 2007. That means for the
past 5 years we have not had a revised and updated policy for our
aviation system and for the FAA. And that hurts the system, it hurts
the American people, it hurts looking for safety improvements in the
process, and it hurts people looking for expanded opportunities to be
employed.
{time} 1050
Today, we heard some good news on employment, and the good news is
that some of the policies that went amok, the spending that went amok,
the new regulations that went amok, this small band of people who were
sent here have called a lot of that to a halt. It wasn't productive.
This bill does not have tax increases in it. This bill does not have
earmarks in it. This bill does not have any special plums or favors for
anyone.
And contrary to what's been said here today, this bill does not
adversely affect labor. It's a fairness issue. The House passed a
measure that would have codified and changed what the NMB changed in 70
years of labor law, allowing whoever showed up to vote into a union. It
set out a fair process, and it was done with a compromise. And if you
want to know what the delay was in the first 4 years, let's be frank:
it was a labor issue that the Democrats couldn't resolve among
themselves, and they controlled the whole process.
So I am here 1 year later as chair. I took some tough measures, and I
will take tough measures to see that we get our job done. We stayed
until 2:49 this morning to get the next piece of legislation marked up.
We have done and passed, and the President has signed, an improvement
to our pipeline safety which is so important for energy, expanding
energy sources, but also making certain that that energy is coming to
us in a safe and responsible manner.
Today, we will pass in the House the FAA Reauthorization and Reform
Act, accounting for up to 11 percent, I'm told, of our gross domestic
product, our economic activity for the country, $1.3 trillion in
business activity, thousands of jobs. And let me tell you too, we can't
let labor--you can't let business--go astray. It's our responsibility
to set a steady course.
Look, this is a very fragile industry. We just heard an announcement
that American Airlines is going to cut more than 10,000, I think
13,000, jobs in bankruptcy. Boeing, we almost lost jobs in South
Carolina. We can't play those games, labor and business. We've got to
come together and get people working. The aviation industry--not only
the passengers, for whom flying is so important--but aviation products,
they are the core to our exports. So we can and we must get this done
working together.
Staff Who Worked on H.R. 658, the FAA Reauthorization Bill: February 3,
2012
Submitted by: Congressman John L. Mica
House Majority Staff:
Holly Woodruff Lyons
Bailey Edwards
Simone Perez
Andrew Rademaker
Jim Coon
Amy Smith
Suzanne Mullen
Sharon Barkeloo
Tracy Mosebey
Debbie Gebhardt
House Minority Staff:
Giles Giovinazzi
Alex Burkett
Julia Rowe
Jim Zoia
Ward McCarragher
Sarah Blackwood
Senate Majority Staff:
Gael Sullivan
Rich Swayze
Adam Duffy
Ellen Doneski
James Reed
John Williams
Senate Minority Staff:
Jarrod Thompson
Todd Bertoson
I am pleased to yield back the balance of my time.
Mr. VAN HOLLEN. Mr. Speaker, today's vote is not an easy one. FAA
Reauthorization is long overdue, and I support many of the provisions
in today's conference report. It makes a much-needed investment in our
nation's air infrastructure and includes important new policies to
strengthen safety and improve consumer protections.
But unfortunately, this is not a clean transportation bill.
Inexplicably, it includes an extraneous, ill-conceived, and completely
unnecessary labor provision that has no place in this legislation.
Under this bill, it is much more difficult to organize a union for the
workers who fly the planes than it is for the workers who build the
planes. How does this make sense? We don't know the answer to that,
because we haven't had a single hearing on this issue.
Mr. Speaker, I want to vote for a clean, long-term FAA
reauthorization and strengthens our national aviation system. This is
not that bill.
Mr. TURNER of Ohio. Mr. Speaker, I strongly support the conference
report for H.R. 658, the FAA Modernization and Reform Act. This
bipartisan, fiscally responsible, four-year authorization measure
contains important provisions on air traffic control modernization,
safety improvements, and job creation through technology and research.
In particular, the final bill includes important provisions which I
co-authored to establish a program for Unmanned Aircraft System (UAS)
test ranges. Unmanned aircraft are an evolving technology that will
play an increasingly larger role in modem aviation. The importance of
these systems to our national defense demonstrates their capability.
The uses of UAS have significantly increased, with strong projected
growth. UAS are used not only for military applications, but also
civilian and commercial purposes, such as border and coastal patrol and
monitoring, homeland security, law enforcement, disaster operations,
digital mapping and planning, search and rescue, fire detection and
management, environmental research and air quality management, air
traffic control support, agriculture and fisheries. However, lack of
special use airspace to research UAS technologies and detection
technique is a potential impediment to the nation's ability to develop
this important tool.
Mr. Speaker, I have worked with my colleagues in the House Armed
Services Committee to create more opportunities for UAS research and
investment. Specifically, the FY12 National Defense Authorization Act
requires the FAA to work with the Department of Defense and the Air
Force to integrate UAS test ranges into the national airspace.
These combined provisions will ensure that the United States remains
at the forefront of aerospace development. Ultimately, this is an
endeavor that will help strengthen our national defense, spur
development of innovative technologies, and most importantly, create
jobs for hard-working Americans at a time of record unemployment.
Mr. KUCINICH. Mr. Speaker, the need to reauthorize the Federal
Aviation Administration is urgent. A failure to do so could result in
the loss of thousands of jobs and compromise flight safety. This
Congress should pass a clean reauthorization without compromising the
right of thousands of workers to collectively bargain. This bill does
not do that.
Instead, it replaces over 70 years of labor law precedent in which
major changes were agreed upon by both workers and management, with
changes decided upon by a handful of negotiators in Congress. It will
increase the percentage of employees who must petition to have an
election about whether to be represented by a union, from 35 percent to
50 percent. The bill makes it even harder for workers to organize and
bargain for better wages, working conditions and passenger safety. We
must not undermine the workers who have borne the brunt of the great
recession. We should stand behind them
Mr. BLUMENAUER. Mr. Speaker, today, I voted against the Conference
Report for the FAA Air Transportation Modernization and Safety
Improvement Act. While I appreciate the fact that after twenty six
extensions we have finally come together in a bicameral, bipartisan
fashion to reauthorize our airport system and help bring it into the
21st century, the
[[Page H456]]
language regarding union elections and mandating that the National
Labor Relations Board change its decision is unacceptable. I am sadly
forced to vote no.
This bill makes the dangerous precedent of interfering with the
National Labor Relations Board. While I am very glad that it does not
repeat the disastrous mistake in the original House legislation, I am
concerned about the increased requirements to simply hold a union
election. There is no reason for Congress to muddle with fair decisions
made by the National Labor Relations Board, and I am disappointed that
my Republican colleagues insist on doing so.
I appreciate the resolution reached on the National Airport slots
issue, and the increased attention paid to airport modernization and
NextGen funding. I also appreciate the work of my Senate colleagues in
protecting Oregon's scenic spaces. There is much in this bill to
support, and it saddens me that so much hard work and bipartisan
cooperation is undone by a blatant attack on the rights of our workers
to organize.
Mr. TIBERI. Mr. Speaker, I rise today to thank Chairman Camp and
Chairman Mica for their fine work on the FAA Modernization and Reform
Act of 2012, and to explain the bill's treatment of the fractional
ownership industry.
Fractional aviation has grown rapidly to change how business travels,
but Washington doesn't always keep up with the pace of change in
business, and fractional aviation was no exception. The Federal
Aviation Administration recognized that fractional is non-commercial in
2003, but the Internal Revenue Service is still trying to tax it the
same as a commercial airline ticket, despite the fact that fractional
owners own their planes. Today we are clarifying and reaffirming that
fractional aviation is non-commercial aviation. This bill clearly
states that instead of being subject to the commercial ticket tax, as
the IRS has asserted, fractional flights will pay the fuel tax used in
noncommercial aviation, plus a fractional surtax.
Ohio is the birthplace of aviation. This heritage of aeronautical
innovation continues today with cutting edge fractional ownership
aircraft programs. This bill will align fractional aviation's tax
treatment with the longstanding FAA rules, and help the fractional
aviation industry in Ohio and across the country grow even more. I want
to thank Chairman Camp for making this clear.
The SPEAKER pro tempore (Mr. Womack). All time for debate has
expired.
Pursuant to House Resolution 533, the previous question is ordered.
The question is on the conference report.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. PETRI. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________