[Congressional Record Volume 158, Number 19 (Monday, February 6, 2012)]
[Extensions of Remarks]
[Pages E142-E143]
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

                                 ______
                                 

                               speech of

                         HON. LAURA RICHARDSON

                             of california

                    in the house of representatives

                        Friday, February 3, 2012

  Ms. RICHARDSON. Mr. Speaker, I rise to discuss the Conference Report 
for H.R. 658, the FAA Air Transportation Modernization and Safety 
Improvement Act. I want to thank Chairman Mica, Ranking Member Rahall, 
the other conferees, and the leadership for finally bringing an FAA 
Reauthorization bill to the floor.
  Nearly five years has passed since the last FAA Reauthorization Act 
passed by the Congress and signed into law by the President expired. 
Instead of passing a new clean reauthorization bill five years ago, the 
reauthorization process was subverted by the desire of some members 
across the aisle to hijack the FAA reauthorization process as a to 
advance narrow ideological interests. This politicization of what had 
previously been a nonpartisan approach to developing aviation 
legislation was a great disservice to our nation, particularly in the 
economically challenged conditions of the past several years.
  Every day thousands of men and women give their best to ensure that 
the American civil aviation industry remains the best in the world. And 
no group of persons suffered more from Congress' failure to pass a 
short-term clean FAA extension last August than the airline pilots, air 
traffic controllers, flight attendants, baggage handlers, mechanics, 
technicians, customer service representatives, security personnel, and 
others whose livelihood depends upon a functioning civil aviation 
sector.
  This past August, House Republican leadership, giving in to the 
demands of its extremist Tea Party faction and ignoring the long-
standing Congressional tradition of passing clean extensions of the FAA 
reauthorization bill, broke precedent and attached to the bill several 
controversial ideologically extreme policy riders to weaken unions and 
kill jobs, knowing full well it would never be approved by the Senate. 
Then it adjourned and left town for the August recess.
  This abdication of responsibility resulted in the furlough of more 
than 4,000 FAA non-partisan career civil servants who in many cases had 
spent more than two decades working to provide the public with safe, 
modern and efficient air travel. This Republican-initiated FAA shutdown 
resulted in work stoppages on 217 construction projects worth more $11 
billion that had been undertaken to upgrade the nation's air traffic 
control and safety infrastructure.
  This House majority's irresponsible action' more than 86,000 
construction jobs at risks around the country and unconscionably 
jeopardized the ability of nearly 90,000 household to pay their rent or 
mortgages, educate their children, and put food on the table.
  In addition to the havoc wreaked on the families of the employees 
involved, the Republicans' forced shutdown of the FAA cost the American 
taxpayer $300 million in lost airport fees. To make matters worse, 
instead of passing the savings resulting from the lapsed airline ticket 
tax on to air travelers, almost every one of the airlines raised their 
ticket prices and pocketed the money.
  By any measure the House Republicans political gambit was a colossal 
blunder and the resulting public backlash led the chastened majority to 
drop the odious anti-labor provisions and pass a clean FAA extension 
thereby providing time for the parties to reconcile their differences 
and reach agreement on the long-term reauthorization measure before us 
today.
  Turning to the merits of the bill before us, there is much in it that 
I approve and support.
  First, the conference report maintains funding at current levels, 
authorizing a $63.4 billion investment in our Nation's aviation system 
for fiscal years, FY, 2012-15. Of this amount, approximately $13.4 
billion is allocated for the Airport Improvement Program, AIP, $38.3 
billion for FAA Operations, $672 million for Research, Engineering & 
Development, and $10.9 billion for FAA's Facilities & Equipment.
  Second, the bill provides about $ 1 billion in funding authority for 
FAA's Next Generation, NextGen, air traffic modernization program, 
approximately the same as the past two years. When fully implemented, 
NextGen will complete the transformation of an antiquated air traffic 
control system based on World War II-era technology to one based on 
21st Century GPS technology. Additionally, the bill accelerates the 
development of a NextGen satellite-based navigation system to provide 
pilots with more accurate information to track aircraft and weather. 
And to strengthen accountability for the progress on the NextGen 
program, the Conference Report sets a schedule for FAA and creates the 
new position of Chief NextGen Officer to oversee the effort.
  Third, stripped from the Conference Report is the controversial House 
Republican provision that would have increased the percentage of 
employees who must vote in favor of a union before the National 
Mediation Board could certify the union as their representative. Had 
this provision not been dropped, it would have unfairly tilted the 
playing field against employees because a union could be certified only 
if it won the votes of a majority of all employees in a particular 
group, not just those who actually voted. It is clearly unfair to 
consider a vote not cast as a vote against. To put it another way: 
there is a gigantic difference between not voting and voting No! I am 
pleased that this anti-democratic provision has been dropped from the 
bill.
  Fourth, the bill establishes a process for mediation and binding 
arbitration of impasses between the FAA and the collective-bargaining 
representatives of employees to help ensure that disputes are resolved 
fairly and efficiently without any disruption to the aviation system.
  Fifth, the bill requires the FAA and OSHA to move forward with long-
stalled rules to extend OSHA protections to flight attendants.
  Sixth, the bill will help relieve congestion at many of the nation's 
interior hub airports by authorizing eight new round-trip flights 
between Reagan National Airport and airports located more than 1,250 
miles away.
  Finally, I am also pleased that H.R. 658 includes protections for 
passengers. For example, air travelers have greater assurance they will 
be treated fairly while traveling. Tarmac delays are something we have 
all experienced

[[Page E143]]

at some point while traveling and can become frustrating to passengers 
who have no information as to when they will begin their travel. Now, 
airlines and airports would be required to have emergency contingency 
plans to take care of passengers who are involved in long uncomfortable 
tarmac delays. Passengers will no longer have to sit and wait on the 
tarmac wondering if they will ever move or be fed.
  Mr. Speaker, as a member of the Transportation & Infrastructure 
Committee, and having served on its Aviation Subcommittee, I have 
worked tirelessly with my colleagues to secure passage of a clean FAA 
reauthorization bill. But I cannot support a reauthorization bill 
containing anti-labor provisions that undermine the rights of workers 
to bargain collectively over the terms and conditions of their 
employment. Regrettably, this bill does.
  The bill contains statutory amendments to the Railway Labor Act which 
undermines 75 years of experience by the National Mediation Board's, 
NMB, in conducting representation elections in the air and rail 
industries. By removing the NMB's explicit statutory discretion in 
determining whether an election is mandated, this provision imposes new 
roadblocks for employees seeking union representation.
  Another provision undermining the ability of employees to secure 
union representation is a proposed change in the way union run-off 
elections are handled. Under the proposed language, if Union A receives 
40 percent of the votes and Union B receives 25 percent of the votes 
and the remaining 35 percent of the employees vote ``no union,'' then 
the run-off will be between Union A and no union. This is true even 
though 65 percent of the employees indicated they wanted a union and 
soundly defeated the ``no union'' option.
  Most problematic, however, is the provision in the bill relating to 
``showing of interest,'' requiring 50 percent of employees to sign up 
just to have an election. That is the same percentage of employees that 
would warrant union certification were the Employee Free Choice Act 
enacted into law.
  This is the first time in history that Congress is legislating a 
showing of interest requirement in any federal labor law. Were this 
``showing of interest'' provision to be applied in a merger setting, a 
larger employer that merges with a somewhat smaller airline will 
virtually guarantee there will be no unions on the merged property 
because where large numbers of employees are furloughed, it is 
virtually impossible for unions to meet the 50 percent threshold.
  Taken together, these provisions constitute impose an intolerable 
burden on the ability of working men and women to bargain collectively 
over the terms and conditions of employment. I cannot support a 
legislative proposal that includes such provisions.
  As one who born and raised in the House of Labor, educated in the 
School of Business, and who spent 14 years working in the corporate 
world, I stand ready to continue working with my colleagues, the 
Administration, industry and labor to develop and pass legislation that 
is beneficial and in the best interests of management, labor, 
government, and the public.
  I urge my colleagues to vote ``no'' on this bill and once again urge 
this House to come forth with a clean long-term FAA reauthorization 
that will not impede workers rights.

                          ____________________