[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[Extensions of Remarks]
[Pages 26338-26339]
[From the U.S. Government Publishing Office, www.gpo.gov]



  INTRODUCTION OF A BILL ESTABLISHING A COMMISSION FOR COMPREHENSIVE 
                           REVIEW OF THE FAA

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Tuesday, December 5, 2000

  Mr. WOLF. Mr. Speaker, today I have introduced a bill calling for a 
tough, comprehensive review of the Federal Aviation Administration to 
focus on the critical need to improve aviation safety and reduce 
airline delays.
  We should all be concerned about aviation safety. Air travel has 
increased dramatically in recent years. Today, more than 600 million 
Americans take to the skies each year--and that figure is expected to 
triple to 1.8 billion people a year by 2020.
  With this dramatic increase we have seen increases in operational 
errors among air traffic controllers, increases in near mid-air 
collisions, and increases in runway incursions.
  I am particularly concerned about internal meetings of FAA safety 
staff that have been reported in the press revealing statements made by 
top FAA safety officials concerning weaknesses in their oversight.
  I want to emphasize that there are thousands of hard-working, 
dedicated employees at the FAA who understand the important safety 
mission of their agency. We need to give them a stable and efficient 
organizational structure under which they can perform their mission 
critical jobs.
  Mr. Speaker, operational errors among air traffic controllers are up 
significantly as controllers try to cope with increasing traffic all 
bearing down on crowded hub airports. At the same time these errors are 
up, the FAA has announced a plan to significantly reduce the number of 
operational supervisors available to assist and monitor that traffic. 
These errors have risen by 25 percent in the past two years alone.
  In addition, runway incursions continue to go up, raising cries of 
alarm from the National Transportation Safety Board, the Office of 
Inspector General, and the Congress.
  The Inspector General told my Subcommittee seven months ago ``this 
safety issue is one that demands constant high-level attention,'' so we 
called for higher budgets, monthly reports and a national summit on the 
issue. Regrettably, the most recent report shows that runway incursions 
have not gone down. Instead, they continue to go through the roof.
  In addition, FAA has been unable to address the growing problem of 
airline delays. In the summer of 1999, delays were so high that the FAA 
announced a special review of its traffic management programs. This 
review concluded that the agency could do a lot more to provide 
efficient movement of aircraft around the country, and they promised 
immediate improvements.
  This past summer's delays, however, were just as high as the year 
before, if not worse.
  The American traveling public is getting tired of these horrible 
delays. Business meetings are canceled, family gatherings are 
disrupted, commercial deals are passed up when airline commerce does 
not flow smoothly. I hear my colleagues complain practically every day 
about the horrible and unacceptable airline delays. For those who fly 
often, the quality of life is greatly diminished because of this 
problem.
  Mr. Speaker, I served on the House Committee on Public Works and 
Transportation back in the early 1980s. I still remember FAA 
Administrator Lynn Helms coming before that committee and testifying 
about the wondrous improvements in air travel that would come about 
through modernization of the government's air traffic control system.
  Over the next several years, this Congress appropriated billions of 
dollars for that effort. Yet each year, the General Accounting Office 
tells us how the FAA continues to fall farther and farther behind in 
fielding the necessary systems.
  First came the termination of the microwave landing system in the 
late 1980s, then came termination of the advanced automation system a 
few years later. FAA substituted other navigation and computer programs 
to take their place.
  I wish I could tell my colleagues that these new systems have 
proceeded well, but many of them have not. FAA continues to experience 
massive delays in developing satellite navigation and computer systems, 
even after Congress passed landmark procurement reform legislation to 
aid the FAA in 1995. Runway incursion radar systems are still not in 
operational use, even after eight years of development work. The agency 
simply hasn't been able to bring new technology on line to address 
these safety concerns.
  We already have a number of commissions, contractors, and study 
groups over the years investigating the ``problem'' at the FAA. These 
groups have come up with a long list of recommendations, but, 
unfortunately, most of them focused on how to get the agency more 
money. Wrestling control of the agency's finances from Congress has 
been the underlying theme in almost all of these reports, not improving 
aviation safety.
  The commission I propose would take a comprehensive approach, and it 
would focus on ways to improve aviation safety for the benefit of all 
Americans.
  Specifically, the bill I have introduced would establish a Commission 
for Comprehensive Review of the FAA. It would look at both air traffic 
services and safety oversight by the agency, and make recommendations 
on both the organizational structure and processes of the agency. The 
recommendations must address FAA's organization within the existing 
structure of government.
  The commission would have 21 members appointed by the President, and 
would include
  Mr. Speaker, with a new administration entering the White House in 
January, there is a great opportunity to start off with a fresh 
approach in aviation. It is the perfect time for an unbiased, 
impartial, and independent commission to present new findings--focusing 
on aviation safety--to help guide the FAA in the right direction for 
the future. This would be extremely helpful to the new President and 
the new Congress as we consider how to make our aviation system more 
safe and efficient for U.S. citizens and those who visit our wonderful 
country.

                                 H.R.--

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Commission for Comprehensive 
     Review of the Federal Aviation Administration Act''.

     SEC. 2. COMMISSION.

       (a) Establishment.--There is to be established a commission 
     to be known as the Commission for Comprehensive Review of the 
     Federal Aviation Administration (referred to in this section 
     as the ``Commission'').
       (b) Functions.--the functions of the Commission shall be--
       (1) to review existing and alternative options for 
     organizational structure of air traffic services, including a 
     government corporation and incentive based fees for services;
       (2) to provide recommendations for any necessary changes in 
     structure of the Federal Aviation Administration so that it 
     will be able to support the future growth in the national 
     aviation and airport system; except that the Commission may 
     only recommend changes to the structure and organization of 
     the Federal Aviation Administration that are within the 
     existing structure of the Federal Government;
       (3) to review air traffic management system performance and 
     to identify appropriate levels of cost accountability for air 
     traffic management services;
       (4) to review aviation safety and make recommendations for 
     the long-term improvement of safety; and
       (5) to make additional recommendations that would advance 
     more efficient and effective Federal Aviation Administration 
     for the benefit of the general traveling public and the 
     aviation transportation industry.
       (c) Membership.--
       (1) Appointments.--The Commission shall be composed of 21 
     members appointed by the President as follows:

[[Page 26339]]

       (A) 8 individuals with no personal or business financial 
     interest in the airline or aerospace industry to represent 
     the traveling public. Of these, 1 shall be a nationally 
     recognized expert in finance, 1 in corporate management and 1 
     in human resources management.
       (B) 4 individuals from the airline industry. Of these, 1 
     shall be from a major national air carrier, and 1 from an 
     unaffiliated regional air carrier, 1 from a cargo air 
     carrier.
       (C) 3 individuals representing labor and professional 
     associations. Of these, 1 shall be from National Air Traffic 
     Controllers Association;
       (D) 2 individuals representing airports and airport 
     authorities. Of these, 1 shall be representative of a large 
     hub airport.
       (E) 1 individual representing the aerospace and aircraft 
     manufacturers industries.
       (F) 1 individual from the Department of Defense.
       (G) 2 individuals from the Department of Transportation. Of 
     these, 1 shall be from the Office of the Secretary of 
     Transportation.
       (2) Terms.--Each member shall be appointed for a term of 18 
     months.
       (d) First Meeting.--The Commission may conduct its first 
     meeting as soon as a majority of the members of the 
     Commission are appointed.
       (e) Hearings and Consultation.--
       (1) Hearings.--The Commission shall take such testimony and 
     solicit and receive such comments from the public and other 
     interested parties as it considers appropriate, shall conduct 
     at least 2 public hearings after affording adequate notice to 
     the public thereof, and may conduct such additional hearings 
     as may be necessary.
       (2) Consultation.--The Commission shall consult on a 
     regular and frequent basis with the Secretary of 
     Transportation, the Secretary of Defense, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Appropriations and the Committee on Finance of the Senate, 
     and the Committee on Transportation and Infrastructure, the 
     Committee on Appropriations and the Committee on Ways and 
     Means of the House of Representatives.
       (3) FACA not to apply.--The Commission shall not be 
     considered an advisory committee for purposes of the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       (f) Access to Documents and Staff.--The Federal Aviation 
     Administration may give the Commission appropriate access to 
     relevant documents and personnel and shall make available, 
     consistent with the authority to withhold commercial and 
     other proprietary information under section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act''), cost data associated with the acquisition 
     and operation of air traffic service systems. Any member of 
     the Commission who receives commercial or other proprietary 
     data from the Federal Aviation Administration shall be 
     subject to the provisions of section 1905 of title 18, United 
     States Code, pertaining to unauthorized disclosure of such 
     information.
       (g) Travel and Per Diem.--Each member of the Commission 
     shall be paid actual travel expenses, and per diem in lieu of 
     subsistence expenses when away from such member's usual place 
     of residence, in accordance with section 5703 of title 5, 
     United States Code.
       (h) Detail of Personnel From the Federal Aviation 
     Administration.--The Administrator of the Federal Aviation 
     Administration shall make available to the Commission such 
     staff, administrative services, and other personnel 
     assistance as may reasonably be required to enable the 
     Commission to carry out its responsibilities under this 
     section.

     SEC. 3. REPORT OF THE COMMISSION.

       (a) Report to Congress.--Not later than 30 days after 
     receiving the final report of the Commission and in no event 
     more than 1 year after the date of the enactment of this Act, 
     the Secretary of Transportation, after consulting the 
     Secretary of Defense, shall transmit a report to the 
     Committees on Commerce, Science, and Transportation, 
     Appropriations, and Finance of the Senate and the Committees 
     on Transportation and Infrastructure, Appropriations, and 
     Ways and Means of the House of Representatives.
       (b) Contents.--The Secretary shall include in the report to 
     Congress under subsection (a) a final report of findings and 
     recommendations of the Commission under section 2(b), 
     including any necessary changes to current law to carry out 
     these recommendations in the form of proposed legislation.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act.

     

                          ____________________