    [Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (2000, Book I)]
    [April 5, 2000]
    [Pages 637-639]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Wendell H. Ford Aviation Investment and Reform
    Act for the 21st Century
    April 5, 2000

        Today I am pleased to sign into law H.R. 1000, the ``Wendell H. Ford
    Aviation Investment and Reform Act for the 21st Century.'' Several of
    the broad, fundamental improvements in aviation safety supported by
    Senator Ford are contained in this legislation. It is particularly
    satisfying to see the Congress bestow this recognition on such an
    outstanding advocate of U.S. aviation.
        Since the last major aviation law was enacted in 1996, both my
    Administration and the Congress have committed significant time and
    resources to bring about a new era for aviation. I remember well my trip
    to the Boeing plant in Washington State in 1993 to signal our concern
    for the renewal of an industry then facing very difficult economic
    times. The subsequent

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    focus by this Administration on flexible solutions--from the Open Skies
    agreements we have negotiated worldwide to the ``free flight'' rules in
    the safety and air traffic area--has combined with the Nation's truly
    impressive economic performance to make this industry a winner.
        This bill contains many new provisions to advance aviation safety.
    Of particular note is the inclusion of the ``Aircraft Safety Act of
    1999,'' which my Administration proposed to help stop the indefensible
    practice of manufacturing, distributing, and installing fraudulently
    represented, nonconforming aircraft parts. Several significant
    provisions to provide ``whistleblower'' protections to the Federal
    Aviation Administration (FAA) and air industry employees, to close a
    potential loophole in the prosecution of hazardous materials cases, and
    to combat ``air rage'' incidents in flight, will also address real
    safety concerns we face today.
        In addition, the bill builds on the reforms proposed by my
    Administration and enacted in 1995, and represents an additional step
    toward our long-term objectives of modernization and stability of the
    FAA's critical air traffic services. However, we have yet to achieve
    fundamental structural reform of the FAA. Toward that end, I recently
    directed the FAA to report back to me at the end of April with options
    for achieving broader reforms. While I applaud the Congress for the
    management reforms already provided, I call upon the Congress to join me
    in moving forward to further system-wide reform of air traffic services.
        Although this legislation seeks to provide substantial funding
    guarantees for airport construction and other capital investment, it
    jeopardizes funding for safety. I remain concerned about the possible
    effect of H.R. 1000's procedural requirements on appropriations for air
    traffic control and other crucial safety functions funded by the FAA's
    Operations account. The bill mandates unnecessarily large increases for
    FAA capital spending under the budget caps, thereby making it more
    difficult to fund other discretionary programs, especially
    transportation programs such as FAA Operations, Amtrak, and the Coast
    Guard. Because the bill also limits the ability of the appropriators to
    reallocate aviation-related capital spending to meet more pressing
    operational needs within the FAA, the bill creates an extra hurdle to
    fully funding the amounts authorized and required for FAA operations. My
    Administration will work with the Congress to achieve more balanced
    funding of aviation programs in Fiscal Year 2001.
        Moreover, certain provisions of this legislation must be interpreted
    and applied in a manner that avoids violating the constitutional
    separation of powers. While I applaud the new focus that the oversight
    subcommittee established by H.R. 1000 will bring to bear on FAA air
    traffic services, neither the subcommittee's authorities nor the ``for
    cause'' removal protection for its members may be construed to grant it
    discretion to block significant executive branch policies and
    directions, particularly to the extent those policies bear on the
    interrelationship between civilian and military aviation and on the
    conduct of foreign affairs. Similarly, because the bill provides for the
    appointment of the Chief Operating Officer in a manner inconsistent with
    the requirements of the Appointments Clause of the Constitution, the
    Administrator will be unable to delegate to the Chief Operating Officer
    those responsibilities that properly may be exercised only by an
    ``Officer'' of the United States within the meaning of the Constitution.
    Finally, in light of my authority to make recommendations to the
    Congress and to control negotiations and diplomacy in the field of
    foreign affairs, I must reserve the authority to revise executive branch
    budget requests before they are submitted to the Congress and to enter
    into only those negotiations with foreign states and international
    organizations that I believe appropriate.
        This new law also includes an important legislative advance for air
    travelers with disabilities. My Administration proposed the extension of
    protections in domestic travel to travel on foreign carriers, along with
    higher penalties for violations, and I commend the Congress for
    providing such protections--and for making protections of other civil
    rights explicit in domestic air travel. Aviation consumers will benefit
    in other areas as well. For example, the bill increases funding for
    enforcement of air traveler safeguards, such as those prohibiting
    deceptive advertising and those providing denied boarding protection.
    The bill also improves the ``family assistance'' provisions enacted in
    1996 and 1997 to comfort those with friends or family involved in an
    aviation disaster.

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        I am also pleased that Title VIII of this legislation codifies the
    recommendations of the National Parks Overflights Working Group on
    regulating air tours over national parks. These provisions represent a
    consensus approach to minimizing the impact of commercial air tours on
    the natural and cultural resources in national parks.
        As proposed by my Administration, substantial changes are included
    in H.R. 1000 to increase airline competition. Certainly one of the most
    significant is an end to the ``slots'' rules that restrict access to
    O'Hare, LaGuardia, and John F. Kennedy International airports. The
    restrictions will be eased almost immediately, and then ended completely
    in 2002 in Chicago and in 2007 in New York City. This Act also
    substantially achieves a second Administration proposal to enhance
    competition. We proposed allowing a $2 increase in the current $3-per-
    segment Passenger Facility Charge, with a condition that a ``dominated
    hub'' airport provide a competition plan that lays out how new entrants
    and other competing carriers can be included in the airport facility
    plans. This bill includes the requirement for a competition plan and a
    $1.50 increase. Because effective competition has not worked as well on
    lightly traveled routes (with resulting high fares), we endorsed the
    Senate's rural air service pilot program that is substantially adopted
    in this Act.
        This legislation provides benefits to passengers and the aviation
    community, and represents a first step toward our long-term objectives
    for modernization and stability of FAA's critical air traffic control
    services. I thank the Members of Congress who led the 3-year effort to
    enact this bill, and I am pleased to sign it into law.

                                                          William J. Clinton

    The White House,

    April 5, 2000.

    Note: H.R. 1000, approved April 5, was assigned Public Law No. 106-181.