[Congressional Record (Bound Edition), Volume 147 (2001), Part 2]
[Extensions of Remarks]
[Pages 2907-2908]
[From the U.S. Government Publishing Office, www.gpo.gov]



INTRODUCTION OF LEGISLATION TO ESTABLISH A COMMISSION FOR COMPREHENSIVE 
                           REVIEW OF THE FAA

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                         Tuesday, March 6, 2001

  Mr. WOLF. Mr. Speaker, today I am reintroducing a bill calling for a 
tough, comprehensive review of the Federal Aviation Administration. The 
legislation would establish a commission to focus on the critical need 
to improve aviation safety and to reduce airline delays. It would 
examine both air traffic services and safety oversight by the FAA, and 
make recommendations on both the organizational structure and processes 
of the agency.
  This is the perfect time, with a new administration entering the 
White House, for an unbiased, impartial and independent commission to 
begin working toward a solution to make our skies safer and our 
airports more efficient. We owe it to the American traveling public to 
make our skies as safe as possible and to put an end to the horrendous 
delays we so often hear about and experience.
  We should all be concerned about aviation safety. As air travel has 
increased, we have seen increases in runway incursions, operational 
errors among air traffic controllers, and near midair collisions. In 
1999, one in five flights arrived late, with each delay averaging about 
50 minutes. According to Ken Mead, inspector general for the Department 
of Transportation, when cancellations are added in, it's nearly one in 
four. A total of 1.5 million flights were delayed or canceled last 
year.
  Since 1978, the number of daily departures has doubled and the number 
of passengers has risen 250 percent. In 1999, U.S. airlines carried 694 
million passengers on 13 million flights. As air travel continues to 
increase, we need to ask whether FAA is up to the job of adequate 
safety oversight, and whether Congress can do more to guide the agency.
  Mr. Speaker, the Boeing Company recently called for the need for a 
new air traffic control system and even offered to fund improvements to 
the system themselves.
  A recent letter from D.J. Carty, chairman, president and CEO of 
American Airlines, says that American continues to be concerned about 
the airline industry's ability to serve the public transportation needs 
due to air traffic control and airport capacity constraints.
  The U.S. Chamber of Commerce, representing over three million 
businesses, recently stated that the air transport crisis is damaging 
our economy with delays and congestion costing industry and its 
shippers over $5 billion annually. Tom Donohue, Chamber president 
stated that skyrocketing demand and stagnant capacity are crippling the 
nation's aviation network and that we need a national strategy to 
streamline runway and airport construction and modernize our outdated 
air traffic control system.
  Mr. Speaker, I also point out that operational errors among air 
traffic controllers are up significantly, as controllers try to cope 
with increasing traffic 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 the 
transportation appropriations 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. Yet the most recent report shows that runway incursions have not 
gone down. 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. Immediate 
improvements were promised. However, the delays of the past summer 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, and commercial deals are passed up when airline commerce 
does not flow smoothly. I hear my colleagues complain practically every 
day about the incredible and unacceptable airline delays. For those of 
us who fly often, our quality of life is greatly diminished because of 
this problem.
  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 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. 
However, the recommendations must address FAA's organization within the 
existing structure of government, rather than through privatization.
  The commission would have 24 members appointed by the President, and 
would include representatives from airlines, airports, employee unions, 
and pilots as well as the DOD and other relevant federal entities. The 
legislation requires that the commission request must be submitted to 
the Congress within one year of enactment.
  Mr. Speaker, there is a great opportunity for the new administration 
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.
  The recommendations from this commission could 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 the U.S. citizens and 
those who visit our country.
  Ideally, as soon as the commission reports its findings, legislation 
could be considered by Congress to implement the recommendations so 
that we can quickly move forward to make the changes needed to correct 
the long-standing problems at the FAA.

                                 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 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 24 
     members appointed by the President as follows:
       (A) 8 individuals with no personal or business financial 
     interest in the airline or aero-space 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) 6 individuals from the airline industry. Of these, 1 
     shall be from a major national air carrier, 1 from an 
     unaffiliated regional air carrier, 1 from a cargo air 
     carrier, 1 from the Aircraft Owners and Pilots Association, 
     and 1 from the National Association of State Aviation 
     Officials.
       (C) 3 individuals representing labor and professional 
     associations. Of these, 1 shall be from National Air Traffic 
     Controllers Association, 1 from the Air Line Pilots 
     Association, and 1 from the Professional Airways Systems 
     Specialists.
       (D) 2 individuals representing airports and airport 
     authorities. Of these, 1 shall represent a large hub airport.
       (E) 1 individual representing the aerospace and aircraft 
     manufacturers industries.
       (F) 1 individual from the Department of Defense.

[[Page 2908]]

       (G) 1 individual from the National Aeronautics and Space 
     Administration.
       (H) 2 individuals from the Department of Transportation. Of 
     these, 1 shall be from the Federal Aviation Administration 
     and 1 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 is authorized to be appropriated such sums as may be 
     necessary to carry out this Act.

     

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