[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.