[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[House]
[Pages 906-918]
[From the U.S. 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, 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

[[Page 907]]

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 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

[[Page 908]]

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 610.)
  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 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

[[Page 909]]

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.
  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),

[[Page 910]]

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.
  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

[[Page 911]]

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 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

[[Page 912]]

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 
FAA'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.
  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.

[[Page 913]]

  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 FAA 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.
  Mr. MICA. I yield myself 30 seconds, Mr. Speaker.
  I am pleased to hear the cooperative tone of the other side of the 
aisle,

[[Page 914]]

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. 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

[[Page 915]]

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.''
  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

[[Page 916]]

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.
  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.

[[Page 917]]

  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 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.
  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 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

[[Page 918]]

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.
  Ms. SCHAKOWSKY. Mr. Speaker, I am pleased that H.R. 658, the FAA Air 
Transportation Modernization and Safety Improvement Act, will fully 
fund the FAA through FY2015, particularly because it will include the 
NextGen Air Traffic Control Modernization Program. That program is 
important to my constituents who travel through O'Hare Airport. The 
program will ensure that air traffic congestion is lessened, noise and 
pollution mitigation efforts are continued, and air traffic control is 
improved according to best practices.
  However, it is unconscionable that anti-labor provisions regarding 
the National Mediation Board were allowed to find their way into this 
bill. Organized labor has protected the rights and livelihood of 
American workers for decades. H.R. 658 changes the rules for holding 
elections, making it harder even to give workers the opportunity to 
have union representation. The bill makes it easier to strip union 
rights in the case of mergers between airlines or railways. It also 
allows election results to be challenged in person by employers, 
opening up union elections to voter intimidation. Those and other 
provisions will only undermine the ability of American laborers to be 
represented in their places of employment. They do not belong in the 
bill, and they will hurt rather than help workers and our national 
transportation system as a whole.
  I agree that the FAA, and the NextGen program should be fully funded. 
I voted against H.R. 658 because it injected anti-labor provisions into 
a reauthorization that should have been devoid of partisan political 
stunts.
  Ms. HAHN. Mr. Speaker, I rise to explain my excused absence from the 
House last week, and to discuss how I would have voted on H.R. 658, 
conference report for the ``FAA Modernization and Reform Act,'' if I 
hadn't been pulled away by the funeral of my dear friend, Frank 
Herrera.
  Frank was a World War II veteran, a titan in his community of 
Wilmington, and a good friend of mine. He will be sorely missed by his 
family and all who knew him.
  While I was at his funeral, the House took action on the first long 
term FAA reauthorization since the last one expired in 2007. After the 
embarrassment of twenty-three short-term extensions, I was glad to see 
our Nation's aviation infrastructure finally given the certainty of 
long term funding. Finally, we will bring our aviation infrastructure 
into the 21st century with NextGen, and give long overdue certainty to 
modernization projects across the country.
  However, I was appalled to see that this ``compromise'' was bought 
with the rights of hard working men and women. I agree with the 
Communications Workers of America, the Service Employees International 
Union, the International Brotherhood of Electrical Workers, the 
National Education Association, the Teamsters and other advocates of 
working people that the American people deserved a clean FAA 
reauthorization, not this attempt to interfere with a worker's right to 
chose to form a union.
  Had I been here on Friday, I would have voted ``no'' on H.R. 658.
  Mr. HOLT. Mr. Speaker, I rise today in opposition to H.R. 658, the 
FAA Air Transportation Modernization and Safety Improvement Act.
  Mr. Speaker, we are considering this multiyear authorization after 
twenty-three temporary FAA extensions since 2007. The men and women who 
keep our skies safe deserve a long-term authorization. The American 
people deserve a long-term authorization. But I cannot support the 
long-term authorization that the conference committee has brought to us 
today.
  There are good provisions included in this conference agreement. This 
agreement contains language I wrote to support service disabled 
veteran-owned small businesses in the Airport Improvement Program. I am 
also pleased that this agreement includes funding for Essential Air 
Service and Next Generation air traffic control systems, and that it 
requires airlines to implement emergency contingency plans for 
passengers who are subject to extended tarmac delays. It also ensures a 
fair collective bargaining process for our Nation's air traffic 
controllers.
  However, the bill has a number of provisions that are serious 
problems, and thus I oppose the bill. For example, the bill fails to 
fundamentally address the transportation of lithium batteries on 
airplanes. Further, the bill attacks collective bargaining for other 
aviation employees. This conference agreement dramatically revises a 
75-year-old statute that was crafted by labor-management cooperation 
and should not be changed without the agreement of both employer and 
employee representatives.
  There is no reason for these provisions to be included in this bill 
other than the majority's desire to attack American workers' right to 
organize at every opportunity they get. This bill should not seek to 
change three-quarters of a century's worth of labor protections. The 
FAA reauthorization is not the place to rewrite federal labor law. And 
I urge my colleagues to join me in opposing it.
  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.

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