Waiving points of order against the conference report to accompany the bill (H.R. 2115) to amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for other purposes.
Legislative Activity
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Motion to reconsider laid on the table Agreed to without objection.
October 30, 2003 • 3:59 PM
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Introduced in House
October 29, 2003
The House Committee on Rules reported an original measure, H. Rept. 108-336, by Mr. Diaz-Balart, L..
October 29, 2003
All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read when called up for consideration.
October 29, 2003 • 6:37 PM
Placed on the House Calendar, Calendar No. 119.
October 29, 2003
Considered as privileged matter. (consideration: CR H10163-10170, CR 10/31/2003 H10174-10175)
October 30, 2003 • 12:33 PM
DEBATE - The House proceeded with one hour of debate on H. Res. 422.
October 30, 2003 • 12:33 PM
DEBATE - The House continued with debate on H. Res. 422.
October 30, 2003 • 3:01 PM
On ordering the previous question Agreed to by recorded vote: 222 - 199 (Roll no. 586).
October 30, 2003 • 3:51 PM
Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 220 - 199 (Roll no. 587).(text: CR 10/31/2003 H10163)
October 30, 2003 • 3:59 PM
On agreeing to the resolution Agreed to by recorded vote: 220 - 199 (Roll no. 587). (text: CR 10/31/2003 H10163)
October 30, 2003 • 3:59 PM
Motion to reconsider laid on the table Agreed to without objection.
October 30, 2003 • 3:59 PM
Voting History
2 votes recorded • Roll call available
Floor Debate
15 membersWhat members said about H.Res. 422 on the floor
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Floor Debate
15 membersWhat members said about H.Res. 422 on the floor
Mr. Speaker, I am pleased to respond to some of the points that have been raised on this particular rule. Having participated in the development of this legislation on this conference report, I am…
Mr. Speaker, I am pleased to respond to some of the points that have been raised on this particular rule. Having participated in the development of this legislation on this conference report, I am familiar with some of the details that I think we should, again, separate fact from fiction.
First of all, the conference did meet. I have a copy of the transcript of the conference. Let me say, first of all, in the development of the bill, I have heard comments about this not being a bipartisan effort. I can say that I have been in the Congress for 11 years. And I was in the minority, and I saw how things operated in an oppressed fashion, being part of the minority I said that would never happen when I was given the opportunity to be in a leadership position.
So I conducted more hearings on the reauthorization of AIR-21, FAA reauthorization, than we did on AIR-21's original hearings. And I have a list of all of the hearings that we conducted. I went into the home district of the ranking member and conducted a hearing. I can tell you with every single issue in this piece of legislation, the minority was consulted.
The chairman of the committee, the gentleman from Alaska (Mr. Young), just got up and told you that much of this legislation, in fact, is the work product of the minority. Opportunities I could not have dreamed of when I was in the minority.
So to say that somehow this has been unfairly conducted, or some opportunity not given, is not correct. It is not factual.
Then we get to the point of the conference. A conference was held and the major issue, there has only been one point of contention on this legislation from the beginning. That is the question of the contract towers. We held a hearing and we had an actual vote on the issue.
Here is the vote. Here is the transcript. Let me read: ``Mr. Oberstar. Mr. Chairman, if I am recognized for the purpose of a motion, I move to adopt the language I have referenced with respect to the language of air traffic control privatization and the air traffic control tower language.'' There was a vote and they lost.
We put in the provision 69 towers. It was done in an open meeting. They were given an opportunity for a vote. This is the vote.
Mr. Speaker at this point I will insert this into the Record.
Mr. Oberstar. Mr. Chairman, if I am recognized for the
purpose of a motion, I move to adopt the language I have
referenced with respect to the language on air traffic
control privatization and the air traffic control tower
language.
Mr. Young. On the House side, all in favor, signify by
saying aye.
All opposed, signify by saying no.
The noes have it.
So this was done in fairness.
Now, I do not remember too many conference reports that have been filed and been out there. We filed this the July 24. The conference has been out there. And we would have taken this up the week that we left, but we did not have time on the floor.
And in the meantime, NATCA has spent, I am told, I do not know if this is accurate, but I am told $6 to $7 million in a campaign of disinformation to take this provision out. Now, what we have done is we won in an open conference, and now we have recommitted the bill and we have agreed to take out the objectionable provision. So we lost. We gave again to the side to take out the provision, and they still are not happy. They say they are not being treated fairly.
We had a vote, we had an open conference, and we have taken out the issue of contention. All the other issues, every issue, was debated, every issue was discussed in hearings. And I have copies of all the hearings. I would be glad to have them made part of the Record.
So, again, the question of unfairness is unfair. Let me say to the gentleman from New Jersey (Mr. Pascrell) who just spoke, and I have the greatest respect for the gentleman, the planes that landed September 11 that the FAA brought down, half the towers in the country, almost half the towers in the country, 219 are contract towers. They are supervised by the Federal Aviation Administration. They are managed by private contractors. So on September 11, those people performed well.
The issue of the 69 towers, the 69 towers we did not pick out of the vacuum, out of the sky to put in the bill to look at for possible conversion to contract towers. Those FAA towers were examined in the year 2000 by the Inspector General. Not by the CBO, not by some partisan group, but by the Inspector General.
The Inspector General looked at those towers. He compared them in 2000 and found that the all FAA towers had 2.5 times more safety errors than their counterparts, the contract towers. And the cost was substantially more.
This did not satisfy the union, so they asked for another restudy. So we asked for a restudy requested by NATCA. They reviewed it in 2002 and 2003. Here is the report. In the report they said you did not do the right comparison. You have to compare the flights, the number of flights, hours of operation. So they did that. And they just completed that. You know what? An even more exact comparison found, that there is five times the error rate in the FAA towers. So they are less safe. And they cost, look at it, the report, an average of 12 of them, $917,000 more to run.
So, we have taken out the provision that was objectionable to the other side, and they still are not happy. This reminds me of that song, the Hokie Pokie: You put your right foot in. What else can we do?
So we are here today, folks, to stop the Hokie Pokie. This is very serious because our aviation system depends on it. Our improvements of our airports depend on it, and that is in this legislation. The security improvements depend on it, and many of our airports are lacking those security improvements. They are being held up because this bill is not passing.
Essential air service to our small and rural communities, never before have we produced a piece of legislation that will do more to expand air service with an aviation system that now has been under such duress that we have nursed it back. This will do more of the job to create employments and opportunities for all Americans.
So the argument that we have not given a fair opportunity to the other side is bogus. The argument that is trying to be posed here today that we somehow did something in the dark, without consultation, here is the record. This is the record. We have been fair. We have been open. We have even acquiesced to their number one demand and to what the union has spent $7 million on in an unprecedented campaign of lies and distortion and misinformation, so we can move this legislation forward, so we can help our ailing aviation industry.
Mr. Speaker, as we conclude the debate on this rule, again I urge my colleagues to pass the rule. We have tried to be fair in this process. I have tried to be fair. There is one issue. I mean we can talk about a host of other issues, and in this system of 435 Members, I have over 40 Members on the subcommittee. There are over 70 on the full Committee on Transportation and Infrastructure. We all know that we all do not get all of our ways.
We heard the gentlewoman from the District of Columbia (Ms. Norton) give a very eloquent reminder of her contributions and our working together. This bill does represent 99.9 percent of us working together to solve issues and move our aviation industry forward.
It does boil down to, unfortunately, this one issue that has divided us. We have acquiesced to the other side. We did put in 69 towers out of the 71 towers identified.
The two from Alaska, and please do not pick on my chairman, the gentleman from Alaska (Mr. Young), he represents an area that is just unbelievable. You have to go see Alaska to believe it. It takes 3\1/2\ hours by jet from one end of the State to the other. And the two towers that were named in this report, first of all, the gentleman from Alaska (Mr. Young) has probably more contract towers than any 10 States put together, but the two that were mentioned in this, one is being converted to a capstone, that is the Juneau, Alaska, tower; and the other one, if you go and look at the Anchorage tower, it is quite unique. It has a combination of military, private sector, and FAA operations. So they really do not fit into this program. And that is why that was exempted. But what we have done here is we have taken out all 69.
Now, yes, I offered if anyone wanted to read this report that says that a contract tower which is FAA supervised and privately managed is 4\1/2\ times safer, really it has 4\1/2\ times less error than an all- FAA tower and it costs less. Heaven forbid in Congress we should deal with saving the taxpayer money and have something that is safer and costs less, like this report identifies. I suggested we give the other side the opportunity, but they do not want to do that. I said I will give that opportunity. If people want to do that, fine.
The conference participants really have decided what the issue was. There is one issue. Here is the record. So it has, in fact, boiled down to that. We have taken out the 69 towers from any potential of privatization. There is no mention of privatization in this bill. We gave them basically what they want, and they are still not happy. So, again, it boils down to a vote. We have to vote on this measure.
Again, the question of the executive order, President Clinton, for 7 years and 9 months practically, had the ability to look at any of these towers. He made some of them private with contract arrangements, and then he changed it. We know why he changed it, a huge amount of money, look at the record, you see what happens in campaigns and elections; and this President changed it back to where it was where President Clinton had it.
And this is the safest system. We have 219 contract towers in the United States. Almost half of the towers in the United States are contract towers, and they are safe. And they also helped in taking down the planes safely on September 11. So do not bash the current system.
That is what we are asking for, plus all the good things that we have
worked together on to make this a better piece of legislation for our country and our American aviation system.
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 422 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 422 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. LINCOLN DIAZ-BALART of Florida asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 422 is a rule providing for consideration of the conference report accompanying H.R. 2115, the Vision 100--Century of Aviation Reauthorization Act.
Mr. Speaker, I would briefly remind this Congress of the essential authorizations provided through this bill. First and foremost, the legislation reauthorizes the FAA for 4 years and $3.4 billion in fiscal 2004, increasing by $100 million each year thereafter. The FAA is, of course, primarily responsible for the safety of the Nation's skies through activities ranging from the continued monitoring by air traffic controllers to the development of new airspace technologies.
The district that I am honored to represent contains Miami International Airport, consistently one of
the Nation's busiest, both for international and domestic travel. I am always impressed by the level of public-private cooperation between such organizations as the FAA and Miami International. This cooperation is evident, as well, through many provisions in this legislation, for example, $500 million for airport security improvements at airports; grants and tax credits for low emissions; compensation to general aviation for losses from security mandates; and war risk insurance to the airlines through March 30, 2008.
This Congress was quick to assist airlines after the tragedy of 9-11, and rightfully so. The economic benefits from the movement of people and goods the airlines provide obviously demanded our attention. However, we must also consider those smaller aircraft which were restricted for months. Accordingly, this Congress will act through the underlying legislation to help general aviation return to financial stability by providing compensation for the hardships on their business. This bill authorizes $100 million for these general aviators that were greatly affected by increased security restrictions.
I would like to thank the gentleman from Alaska (Chairman Young) and the gentleman from Florida (Chairman Mica) for their extraordinary leadership on this important reauthorization, and I urge my colleagues to support this important rule and the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I certainly have not seen it all, but I am learning a lot this morning, hearing the debate. Approximately 150 towers were privatized during the Clinton years. This legislation does not mandate any privatization of towers, and yet trying to reconcile with this reality and these facts, what I am hearing.
Mr. Speaker, at this time, in order to elicit some information and some facts about what the legislation is doing, I yield such time as he may consume to the gentleman from Alaska (Mr. Young), the chairman of the Committee on Transportation.
(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield such time as he may consume to the distinguished gentleman from Florida (Mr. Mica), chairman of the Subcommittee on Aviation.
(Mr. MICA asked and was given permission to revise and extend his remarks, and include extraneous material.)
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Georgia (Mr. Isakson).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I sympathize with my good friends on the other side of the aisle. When I arrived in this Congress along with the gentleman from Florida (Mr. Mica) 11 years ago, I was in the minority, and I remember what it was not to have the votes, the majority of the votes to get one's ideas passed and to come into law. So I sympathize when now our colleagues on the other side of the aisle do not have the majority of the votes, how they must feel, but I think it is important that some facts now be put on the record, Mr. Speaker.
This legislation before us mandates no privatization of towers. During the years of the Clinton Presidency, approximately 150 such towers were privatized. I do not recall my friends protesting, but this legislation, which obviously they are complaining about today, mandates no such privatization of towers, like we had 150 during the Clinton years.
Despite the fact that we on this side of the aisle have the majority of the votes, it is important to point out that in the writing of the bill and the original conference report, our friends on the other side of the aisle were intimately involved. Many provisions, in fact, were included in the bill at the request of our friends on the other side of the aisle.
For example, a special rule to maintain the minimum AIP entitlement at small airports that have lost passengers, I am told the gentleman from Massachusetts (Mr. McGovern) came forth with that idea.
A sense of Congress on 5th freedom and 7th freedom flights, I believe the distinguished gentleman from Illinois (Mr. Lipinski) brought forth that idea.
An increase in the MPO participation in the airport planning process, I believe the gentleman from Oregon (Mr. Blumenauer) had that idea.
Requirement to provide additional information to families affected by aircraft accidents, I believe the gentleman from New York (Mr. Weiner) had that idea.
Restriction on flights at Teterboro airport, I believe the gentleman from New Jersey (Mr. Rothman) had that idea.
Flight attendant certification, deadline for issuance of Stage 4 noise reduction rule, curriculum standards for maintenance technicians, provision on foreign repair station security, all of these ideas came from our friends on the other side of the aisle.
So it is important for the facts to be known. There is frustration in being in the minority. I remember my first term here, but let us not negate the facts that in the fairness of the majority, many ideas of the minority were included. So I think that is required. I think that is required by democracy, respect for the minority, and we see in this legislation the fruits of much respect for the minority, but in addition to ideas that were brought forth by the minority, there are many ideas brought forth, I would say many more, by the majority that are very important to the safety of aviation in this country, Mr. Speaker, and that is why we must pass this legislation today.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I might consume.
Just to reiterate, we reiterate some facts that I attempted to bring out before. First of all, with regard to the towers privatized, airports privatized, during the Clinton administration, about 100 of them were former FAA staffed towers. I reiterate again, that in the legislation brought forth today, there is mandated no privatization of towers.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Mica), the distinguished chairman of the Subcommittee on Aviation.
Mr. Speaker, pursuant to House Resolution 422, I call up the conference report on the bill (H.R. 2115) to amend title 49, United States Code, to reauthorize programs for the Federal Aviation…
Mr. Speaker, pursuant to House Resolution 422, I call up the conference report on the bill (H.R. 2115) to amend title 49, United States Code, to reauthorize programs for the Federal Aviation Administration, and for other purposes.
Mr. Speaker, I do.
Mr. Speaker, the House, as I recall, just passed on a vote of 220 to 199 a rule by which this legislation would be considered before the House of Representatives. In that rule, there was clearly a provision that waived all points of order, which also would negate the previous standing rule of the House for specific meeting.
I might say also, Mr. Speaker, in the debate on the rule I did cite the sequence of events in which the conference did meet and in which full participation was permitted, and specifically cited a rule on the particular issue that has raised so much controversy here. We did acquiesce to the minority's request to pull that provision, and that was the reason it was handled in that fashion.
So, again, based on the passage of the rule, the provisions of the rule and the adoption of the rule subsequently by the House of Representatives, I think that you will find the gentleman's point of order out of order.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we finally come to the conference report on H.R. 2115, the Vision 100--Century of Aviation Reauthorization Act. It has been a struggle to get here, but I believe it is critical to the success of aviation that we complete our mission, particularly on this 100th anniversary of the first flight in the United States by the Wright Brothers.
I want to take this time as we finish this conference report and this legislation to commend the Members of the minority. My ranking member, the gentleman from Oregon (Mr. DeFazio), has been an outstanding leader on transportation issues in the Committee on Transportation and Infrastructure, and I have been honored to have him as a subcommittee ranking member. He has worked diligently in a bipartisan manner to craft what I consider to be an excellent piece of legislation.
During the rule debate, it was cited how many provisions were added by the Members of the minority, and I compliment the Members of the minority for their contributions to this well-crafted piece of legislation.
Also, I want to take time to thank the ranking member of the full committee, the gentleman from Minnesota (Mr. Oberstar). The gentleman is one of the most knowledgeable people on transportation issues. When I came to the Congress in 1993, he chaired the Subcommittee on Aviation. I have learned a great deal under his stewardship. He is also a font of historical institutional knowledge, both to the subcommittee and also to the committee, and has contributed greatly to the text of this measure.
Now, this is a sizable measure and there are, again, some 70-plus Members on here, and there are some issues where folks did not get their entire provision included in this bill. It is difficult when you have such a diverse committee, and subcommittee of over 40 members, to please everyone and put every provision in possible. But, for the most part, this is a bipartisan piece of legislation, crafted in a bipartisan spirit, in the tradition of the Committee on Transportation and Infrastructure.
This past week I attended the funeral ceremony of my former boss, William C. Cramer. He was the first Republican Member of Congress to represent Florida since the postreconstruction period, and I always looked up to him as ``Mr. Public Works.'' He added tremendously to the bipartisan working relationship that has continued, even when he was the only Republican from the State of Florida. I am pleased now, we have 18 out of 25 Republican Members from Florida. I appreciate his contributions. I also appreciate those of the minority in crafting this.
Now, one would have to live on another planet to not know that there has been controversy over one primary issue, and that is the issue of privatization. We did include initially in this legislation a provision that did allow this President to look at some 69 specified VFR fully FAA-staffed towers and possibly consider them for future privatization or conversion to contract towers.
After some 3 months. Since this past July 24, I believe, we filed the report and the conference met, and we did agree to take that provision out. We did not have a formal meeting of the conference committee. We knew after months of conflict that the issue was tearing us apart.
But now we have taken that out, and we are in a situation where we have a piece of legislation, and this conference report, that is totally, completely silent on the issue of privatization. And now we are prepared hopefully to go beyond that, because this bill has many important provisions that we need.
First of all, this measure aids in restoring jobs and opportunities in the American aviation industry.
We all know how hard hit this industry has been since the effects of the horrible day of September 11. No industry has lost more jobs. We talk about the loss of 2.7 million jobs in the economy; I would venture to say that at least 1 million are related either directly or indirectly to aviation. And it is slowly coming back, and this bill will aid it in coming back. So this will help us in creating jobs and opportunities for people in one of our most dynamic industries in this country.
Finally, there are several other points that I would like to make about this legislation. It does release the money for aviation trust funds to pay for airport improvements. All across this country, airports are beginning to again rebuild the passenger traffic, to rebuild; we can almost feel some of the economy coming back. If we do not pass this, those improvements come to a halt, not only for improving the airports and the infrastructure, but also for security improvements that are so important. We have provided in this bill to again assist our airports with that important mission.
So there are a whole host of areas where this is beneficial to the whole country. I urge the passage of this conference report.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am delighted to yield such time as he may consume to the gentleman from Alaska (Mr. Young), the distinguished chairman of the full Committee on Transportation and Infrastructure.
Mr. Speaker, I am pleased to yield such time as he may consume to the gentleman from North Carolina (Mr. Hayes).
Mr. Speaker, I thank my friend from Florida for yielding me the customary 30 minutes, and I yield myself 5 minutes. Mr. Speaker, I rise in strong opposition to this rule, and I urge my colleagues to…
Mr. Speaker, I thank my friend from Florida for yielding me the customary 30 minutes, and I yield myself 5 minutes.
Mr. Speaker, I rise in strong opposition to this rule, and I urge my colleagues to vote it down. Just when I think I have seen everything, the Republican leadership comes up with a new surprise. We are seeing appropriation bills that no one can amend. We have seen huge multibillion dollar omnibus spending bills being written in secret and shoved through the House. We have seen twisted arms and broken promises. But tomorrow is Halloween and the leadership has come up with a brand-new trick: the invisible conference committee.
As everyone knows, just 2 days ago, the Republican leadership, after nearly 5 weeks of delay, finally brought up a rule to send the seriously flawed FAA conference report back to the conference committee. The House, in a bipartisan way, approved that rule, with the hope that the flaws in this bill could be fixed and we could reauthorize important aviation and safety programs. Instead, the invisible conference committee did not hold a single public meeting, a violation of House rules, and did not give Democratic members any opportunity for input or amendment. In fact, Democratic members of the conference were never even notified that a conference was taking place, and they were never notified that a new report was ready until after this new conference report was filed.
Now, I do not even know if Republican members of the conference committee met, or if some leadership aide or some lobbyist changed the bill himself on the back of a napkin.
Mr. Speaker, this is outrageous.
When we shared our concerns with the chairman of the Committee on Rules last night, he told us that he understood where we were coming from and that he would talk to his leadership about it. With all due respect, Mr. Speaker, it is not enough to feel our pain. What we are looking for is fairness. Last night, the Committee on Rules Republicans could have stood with Democrats and demanded that the House rules and procedures be respected. They had their chance to make their actions match their rhetoric. But sadly, they chose, once again, to follow their leaders, rather than follow the rules.
Again, this is not an isolated incident; this is part of a continuing pattern of disregard for the rules of this House, disregard for other points of view, disregard for open debate, disregard for bipartisanship, and disregard for the American people.
As I have said before, I understand that the majority has the responsibility to manage the House and that the Committee on Rules can be a tool in that effort. But under this Republican leadership, the Committee on Rules has become not a tool, but a weapon, a weapon used to smother, stifle, and suppress; a weapon used to cover up bad behavior and undermine the democratic process.
These matters, Mr. Speaker, are not just ``inside baseball.'' They are matters that directly impact the American people. In this case, the conference report for the FAA bill does not just directly contradict the expressed bipartisan will of both the House and the Senate; it also jeopardizes the safety of the people we represent.
The bill still allows for the privatization of air traffic control, despite the fact that both the House and the Senate voted to prohibit privatization. If this provision becomes law, it will begin the dismantling of the air traffic control system as we know it.
We cannot allow our air traffic control system to be farmed out to the lowest bidder. Safety must come first, and we cannot do it on the cheap.
A while back, some Republican Members claimed that they opposed privatization so strongly that they pledged to vote against the conference report. I hope they follow through with that promise today.
And the bill, Mr. Speaker, still changes antiterrorism training for flight crews from mandatory to discretionary. The Homeland Security Act of 2002 directed the Transportation Security Administration to issue security training guidelines for flight crews. Section 603 of the FAA conference report guts this directive in order to give air carriers the authority to establish those training requirements at their discretion. The TSA has developed the training for Federal flight deck officers and the Federal air marshals. It only makes sense that the TSA should be responsible for developing the antiterrorism training for flight attendants so that there is a coordinated response from the entire flight crew in the event of a terrorist attack. To do anything less, Mr. Speaker, is to place special interests above passenger safety, and that is absolutely unacceptable.
Mr. Speaker, this is not the way the people's House is supposed to run. What has happened with this conference report is an outrage and an insult, not only to Members of both parties, but to the people we represent. I strongly urge my colleagues to defeat the previous question and defeat the rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Pascrell), a member of the committee.
parliamentary inquiry
Mr. Speaker, I yield 3 minutes to the gentleman from Oregon (Mr. DeFazio), who is the ranking Democrat on the committee.
Mr. Speaker, I yield 3\1/2\ minutes to the distinguished gentlewoman from the District of Columbia (Ms. Norton), who is a member of the committee.
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from New Jersey (Mr. Menendez), who is also a member of the Committee on Transportation and Infrastructure.
(Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Jackson-Lee).
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Sherman).
Mr. Speaker, can I inquire how much time is remaining on both sides?
Mr. Speaker, I yield 4\1/2\ minutes to the distinguished gentleman from Minnesota (Mr. Oberstar) who is the ranking Democrat on the Committee on Transportation and Infrastructure.
Mr. Speaker, I yield 30 seconds to the gentleman from Oregon (Mr. DeFazio).
Mr. Speaker, may I inquire how much time we have remaining.
Mr. Speaker, I wish to be heard on the point of order. Mr. Speaker, surely the gentleman from Florida speaks about a supposititious meeting and a supposititious participation, because none such…
Mr. Speaker, I wish to be heard on the point of order.
Mr. Speaker, surely the gentleman from Florida speaks about a supposititious meeting and a supposititious participation, because none such existed.
Mr. Speaker, I would yield to the gentleman to explain what he meant by ``full participation.''
I cannot yield. I thank the Speaker.
That is the point; there was no such meeting. That, I find extraordinary. In the 40 years that I have served on the Committee on Public Works, now the Committee on Transportation and Infrastructure, I started on that committee as a clerk on the Subcommittee on Rivers and Harbors in January of 1963, I followed every one of our conferences. I have served on conferences for 24 years. Never have we failed to have meetings, except in a very few instances when a bill was conferenced without formal meeting of conferees, for which I reference the Aviation Noise Act of 1990, in which case the Senate, the other body, failed to call a meeting of conferees, but we did meet. The gentleman from Pennsylvania, Mr. Clinger, was the ranking Republican on the subcommittee I chaired at that time, and I included him in every meeting.
We did not have that courtesy extended to us. The rules of the House clearly were violated, to say the worst; avoided, to say the best. And I will compliment the Chair of the Committee on Rules. Last night when I raised this point, he, too, was shocked and offended and said that he would take this matter up with leadership and see that it does not happen again.
But the gentleman from Oregon makes a point of order that is sustained by the rules of the House, and I support the gentleman's call for a ruling by the Chair.
Mr. Speaker, I yield myself 5\1/2\ minutes.
I appreciate the very thoughtful comments of the gentleman from Florida about my service during the time I was the Chair of the subcommittee. We have had a very constructive, generally, relationship between the majority and the minority, both prior to the Republican majority and subsequent to it. Generally, on the Subcommittee on
Aviation, this has been perhaps the most constructive area of work on the Committee on Transportation and Infrastructure over the past 9 years.
But we have really run aground here on this issue. Had we actually had a conference and had a full, thorough discussion and debate the first time around, and had we been able to discuss the four principal issues. I agree with the chairman of the subcommittee, there are many other matters of great importance: funding of the air traffic control system, F&E account, the operations account, the research and development account. All of those are important, and there are other important measures.
But, there are four items on which we should have had a full discussion. And if we had and if we had been able to negotiate back and forth, some give and take, maybe we would win some of it and maybe the other side would win some of it. And this is not Democrat or Republican side. There are ideological differences on this matter; and if it came out this way after full and thorough discussion, we came out with the package now before us, it would have been a different arena. We did not have that discussion. We had it only for the few minutes during the first conference. After the conference report was recommitted, we had no meeting; we had no discussion. I appreciate the gentleman's comments that the minority asked to drop the language. I do not know who was consulted. We never had that conversation, either formally or informally. What we wanted was a discussion of options, of opportunities.
The gentleman from Florida has several times referenced the report of the Inspector General of DOT. Now, the actual statements of the Inspector General I quote: ``In addition to limitations on evaluating the rating of contract towers performance,'' he said, ``and due to the low number of operational errors at both places,'' that is both contract and FAA, ``I would caution you against concluding that either group has a safer safety record than the other. It is just not fair to draw that conclusion.''
The Inspector General's report goes on to show that, or the gentleman says that the IG's report says, the contract towers are two times safer than FAA towers. The IG specifically cautioned against this interpretation of the study.
So I asked the General Accounting Office to evaluate the IG report, and that is what the General Accounting Office came back and said: ``We identified several potential limitations with FAA's data on operational errors based on our review of GAO and DOT reports and application of best methodological practices. Due to the way data are recorded, the severity of many errors cannot be determined or is misleading. Further, comparisons of operational errors among types of air traffic control facilities such as FAA staff versus contractor staff cannot be used alone to provide valid conclusions about safety, due to three factors we identified based on standards of methodological practices and our understanding of FAA's data. The determination,'' quoting further, ``of real differences in the rate of operational errors is difficult, and comparisons of operational error rates alone are not sufficient to draw conclusions.''
The point is, there has never been a thorough, full discussion of this issue. We should have that. We should have had an extended hearing on the subject matter. We should have had a discussion of what policy this administration plans to bring to the privatization of air traffic control facilities. We have not had it.
When the Clinton administration came up with this idea in 1993, I vigorously opposed it, with great support from our colleagues across the aisle; and we sent them in full flight retreat on this subject. We ought to do the same. We ought to join forces today to do the same, to put this issue in full flight retreat.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Millender-McDonald).
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Mr. Speaker, that was a wonderful exercise in obfuscation. The critical thing is that the House voted unanimously to send a failed bill, a bill which had inserted privatization into a system that no…
Mr. Speaker, that was a wonderful exercise in obfuscation.
The critical thing is that the House voted unanimously to send a failed bill, a bill which had inserted privatization into a system that no one voted to privatize when the bill passed the House and the Senate will taken up and a majority voted to not privatize, and they had a press conference and then they brought the bill back. I was supposedly a member of that conference committee. There was no conference committee. We did not meet. We found out from the press that they had reported back the conference.
The conference in July, which was called in a very hurried way, yes, we actually had one meeting. We were to meet again after we had a series of votes. We are still waiting for that meeting. The point is, suddenly after both the House and the Senate had voted in the interest of public health and safety and control of the national air space and national security to prohibit the privatization of air traffic control of the United States of America, both bodies had voted overwhelmingly to not privatize. Suddenly a Senator shows up with an amendment to privatize 71 air traffic control towers.
When asked about it, he said, this was a de minimis sort of amendment. The chairman objected, the gentleman from Alaska (Mr. Young), because it included Alaska. So suddenly this great principle of privatizing 71 was dropped down to 69 like that.
Here is what the gentleman from Alaska (Mr. Young) said recently about this: ``My hotel room is on the top floor of the Sheridan and the airplanes take right off towards my hotel room. Every morning I look out and there is one coming right at me. It is an interesting experience and I want to make sure everything is done right in that field.''
So somehow in Alaska, nowhere near as busy as many of the other airports in question here, it is not safe to privatize, but somehow it is safe to privatize other major facilities. In fact, what the majority has done is they took out these 69 airports and they have opened the door wide because they have stripped the original exclusion of the House and the Senate on privatization from air traffic control from the bill entirely.
So now the President has determined that the air traffic control of this country, the control of our air space, the safety of the traveling public, is not an inherently governmental function. That is what the President has done, reversing an executive order of the previous President. That has opened the door to privatize the entire system or, worse yet, to fragment it up and cherry-pick out some profitable areas to be subcontracted or contracted to Halliburton or others.
That is what this is all about. We have the most productive and safest air traffic control system in the world, bar none. What problem are we fixing? We are fixing the problem that nobody is making money on it. It is run by the government. That is the problem. We should put this on the model of the private security we had at airports before 9/ 11.
Have we so soon forgotten the firms, Argenbright and others, who hired and maintained on staff known felons to provide screening at airports, paid minimum wage, had a turnover of 140 percent, that would be the model for our air traffic control system? They want to cheapen it, dummy it down. As one of my colleagues said, rent-a-controller.
Maybe we can get temporaries. Maybe we could transmit all the data to India and have the people there do our aircraft spacing. Come on. This is the safest, best run, most efficient system in the world, bar none. What problem are you fixing here? You are not
fixing a problem, unfortunately. You are attempting to open the door for someone to make money and to allow the airplanes, perhaps, to dictate how the system runs.
Maybe we can get those planes closer together. We do not really have to worry about wake turbulence. Maybe we could taxi them a little quicker. We do not really have to worry about collisions on runways. Maybe there are other places we could squeeze the system.
Every one of those things would jeopardize the safety of the American public which I put paramount and this bill does not, and this process is absolutely corrupt.
Mr. Speaker, the gentleman has raised several issues. This bill opens the door even wider to privatization. The original House and Senate bills prohibited privatization. This bill does not. The President has determined that air traffic control is not an inherently governmental function. They want to contract it out. They want to make it into private for profit.
And on the so-called operational areas, guess what. They are voluntarily reported. And of the 219 contract towers, only eight of them voluntarily reported an error. To say they had a very low error rate, the GAO determined, the IG determined that this was not a valid study, because we do not have mandatory reporting. We do not know whether there were errors or not. We cannot say they are 4\1/2\ times safer.
And to say that we did this because of contributions is outrageous, and I should have had the gentleman's words taken down.
Mr. Speaker, I rise today to address the 26 votes I missed during the period October 29th through October 31st due to my participation in an official Congressional delegation to Iraq approved by you.…
Mr. Speaker, I rise today to address the 26 votes I missed during the period October 29th through October 31st due to my participation in an official Congressional delegation to Iraq approved by you. Although I regret these missed votes, there is no question that that trip was indispensable to a more complete understanding of our intervention in Iraq.
I wish to state for the Record how I would have voted on these 26 votes.
On rollcall votes 580, 584, 585, 588, 589, and 590, motions to adjourn, I would have voted ``no.''
On rollcall vote 581, approval of the journal, I would have voted ``aye.''
On rollcall vote 576, passage of H.R. 1720, the Veterans Health Care Facilities Capital Improvement Act, I would have voted ``aye.''
On rollcall vote 577, passage of H.R. 1516, the National Cemetery Expansion Act of 2003, I would have voted ``aye.''
On rollcall vote 578, passage of H.R. 3365, the Fallen Patriots Tax Relief Act, I would have voted ``aye.''
On rollcall vote 579, passage of H. Res. 414, to encourage the People's Republic of China to fulfill its commitments under international trade agreements, support the United States manufacturing sector, and establish monetary and financial market reforms, I would have voted ``aye.''
On rollcall vote 582, passage of H. Con. Res. 291, expressing deep gratitude for the valor and commitment of the members of the United States Armed Forces who were deployed in Operation Restore Hope to provide humanitarian assistance to the people of Somalia in 1993, I would have voted ``aye.''
On rollcall vote 583, passage of H.J. Res. 75, making further continuing appropriations for the fiscal year 2004, I would have voted ``aye.''
On rollcall 584, on ordering the previous question on H. Res. 422, providing for consideration of the conference report to accompany H.R. 2115, FAA Reauthorization Act, I would have voted ``no.''
On rollcall vote 587, on passage of H. Res. 422, providing for consideration of the conference report to accompany H.R. 2115, FAA Reauthorization Act, I would have voted ``no.''
On rollcall vote 591, motion to recommit the conference report to accompany H.R. 2115, FAA Reauthorization Act, I would have voted ``aye.''
On rollcall vote 592, passage of H.R. 2115, FAA Reauthorization Act, I would have voted ``no.''
On rollcall 593, passage of H. Res. 409, repudiating anti-Semitic remarks expressed by Dr. Mahathir Mohamad, I would have voted ``aye.''
On rollcall vote 594, motion to recommit the conference report to accompany H.R. 2691, the FY2004 Department of Interior Appropriations Act, I would have voted ``aye.''
On rollcall vote 595, passage of the conference report to accompany H.R. 2691, the FY2004 Department of Interior Appropriations Act, I would have voted ``no.''
On rollcall 596, passage of H. Con. Res 302, expressing a sense of Congress welcoming President Chen Shui-bian of Taiwan to the United States on October 31, 2003, I would have voted ``aye.''
On rollcall vote 597, on agreeing to H. Res. 421, waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules (martial law for consideration of H.R. 3289, Emergency Supplemental Appropriations), I would have voted ``no.''
On rollcall vote 598, the Johnson motion to instruct conferees on H.R. 6, the Energy Policy Act of 2003, I would have voted ``aye.''
On rollcall vote 599, the Davis motion to instruct conferees on H.R. 1, the Medicare Prescription Drug and Modernization Act, I would have voted ``aye.''
On rollcall vote 600, motion to recommit with instructions H.R. 3289, the Emergency Supplemental Appropriations for Defense and for the Reconstruction of Iraq and Afghanistan for FY2004, I would have voted ``no.''
On rollcall vote 601, agreeing to the conference report to accompany H.R. 3289, the Emergency Supplemental Appropriations for Defense and Reconstruction of Iraq and Afghanistan, I would have voted ``aye.''
Mr. Speaker, thank you for the opportunity to confirm my position on these important votes during my necessary absence.
Mr. Speaker, I thank the gentleman for yielding the time. I am somewhat bemused by the quaint reconstruction of history to which we have been treated by the chairman of the subcommittee,…
Mr. Speaker, I thank the gentleman for yielding the time.
I am somewhat bemused by the quaint reconstruction of history to which we have been treated by the chairman of the subcommittee, reconstruction of what took place in the House-Senate conference that met for 1 day July 24 and has not met since.
The gentleman also said there was only one issue, only one amendment offered. It was a conceptual amendment that I offered to a concept to which we had been treated but for which we did not have paper. And so since we did not have, and contrast every conference I have previously participated in over 24 years, I offered an amendment in concept, and we had a cursory discussion of the subject matter which was to reinstate the Senate language, and that was voted down.
We were notified of votes in the House and in the Senate. The conference adjourned with a reference by the chairman of the conference that we might meet again, if we could somehow get together, but it was urgent and important to get this bill through conference, to the House and Senate floor, so that it could be passed before the August recess. The reason there was only one subject discussed was that is all that we were given time to discuss.
There are at least four major issues. One, the air traffic control privatization which has been said time and again in this Chamber and the House voted clearly to prohibit the privatization of the air traffic control system; the other body did the same. And yet the conference report that appeared the next day, after this very urgent, important meeting that we had to conclude the work of the conference and never met again that night, magically a document appeared, and the item that had been voted on and recorded votes in the House and Senate, just disappeared, vanished.
We never had, in the conference, an opportunity to discuss other issues such as mandatory training of flight attendants. We never had an opportunity to discuss the cabotage issue in Alaska, and we never had an opportunity to discuss the matter that the gentleman from Pennsylvania (Mr. Peterson), the day before yesterday, so forcefully brought up on this floor, which was essential air service and requiring small communities to pay for air service, never had that discussion in that conference, and this document appeared full blown from the head of Zeus, magically.
Why we could not have documentation at the conference 24 hours earlier is beyond me, but that did not happen. So then 94 days expired without that urgent bill being brought to the House floor, and then finally the majority decided that either there were not the votes in the Senate or there were not the votes in the House to pass the document as reported from the committee of conference. So they came back to the Committee on Rules. The Committee on Rules brought a bill to the floor. We all voted, recorded vote, unanimous on both sides, urged all Members on our side, vote for it.
This is exactly what we had asked for to go back to conference, and we had a gentlemanly discussion about conference and then it did not happen.
That is unprecedented in our committee, and I think an insult to the Members of the House, and I take it personally. I have served 40 years on the Committee on Transportation and Infrastructure. Never have I seen this happen. Voices were stifled. I see the gentleman from Illinois who presided at the event honoring the previous minority leader with the words, The greatest speaker who never was, Mr. Mica, who said at that ceremony, I never felt in the minority that I was excluded because the rules of the House protect the voice of the minority.
The rules of the House were suppressed, absconded with when they the majority failed to reconvene the conference as the rules of the House require. That is what is wrong.
Mr. Speaker, again, I would like to thank the gentleman from Florida (Mr. Mica) for carrying this load. I had to come to this floor because there has been a lot of misunderstanding about this…
Mr. Speaker, again, I would like to thank the gentleman from Florida (Mr. Mica) for carrying this load. I had to come to this floor because there has been a lot of misunderstanding about this legislation.
All the way through this legislation the gentleman from Minnesota (Mr. Oberstar) and his staffer, Stacy, were involved in this legislation as it passed from the committee and to this House floor. I was charged as chairman of the committee to meet with the Senate, and it is a two-way street, and the Senate and the House did meet.
By the way, in this bill, for the other side, the Democrat side, the provision included a special rule to maintain the minimum AIP entitlement at small airports that had lost passengers. That was the gentleman from Massachusetts' (Mr. McGovern) piece of legislation. It included a sense of Congress on fifth freedom and seventh freedom flights. That was the gentleman from Illinois (Mr. Lipinski). Increase the Metropolitan Planning Organization, MPO, participation in airport planning
process; that was the gentleman from Oregon (Mr. Blumenauer). A requirement to provide additional information to families affected by aircraft accidents, that was from the gentleman from New York (Mr. Weiner). Restrictions on flights to Teterboro Airport, that was the gentleman from New Jersey (Mr. Rothman). Flight attendant certification; deadline of issuance of stage 4 noise reduction rule; curriculum standards for maintenance technicians; provision on foreign repair station security. All of these came from the other side, and they are in the bill.
The conference did meet at the request of the Senate side and, at that time, the Democrats offered an amendment to prohibit the FAA from contracting out any more air traffic control towers and it lost.
And it lost. And I have to remind everybody in our bill I protected 95 percent of the control towers. Sixty-nine could have been contracted out; sixty-nine. Under of the Clinton administration 194 were contracted out. And no one said a word, privatized and no one said a word. I protected 95 percent of it. But because of the misinformation, the cry of anguish, now we went back to the old law, existing law, the way it existed for the last 10 years. And that is the law we had that was stripped out of this provision.
And, very frankly, I was disappointed that there was nobody signing the conference report from the other side. We tried to finalize it before it expired, this act itself, and now we are on the floor today. And I ask my colleagues, the good in this bill far outweighs what is said bad about it. It allows our airports to function. It improves our airports, and it improves safety all the way through this legislation.
I know there has been a lot of disinformation, and, unfortunately, I cannot control everything that happens in this House. I wish I could. I would like to be given about 20 minutes as a dictator, I would straighten everything out. But that will not happen. This is a democracy.
But this, overall, is a good piece of legislation. Yes, I even arrived at a solution with the delegation from D.C. and Virginia on the slots, an agreement we made. So there are not that many slots requested from the Senate. And I prevailed on the House side.
So I hope with the information that is given us in the debate on the rule, and the debate itself, you understand that this bill is, overall, a good piece of legislation with the bodies on both sides of the aisle having to work together to arrive at a solution.
Now, we can demagog this more and more; we can rattle on about it more and more. But in reality, the legislation before you today should become law, and I hope it will be passed on.
Mr. Speaker, I thank the gentleman for yielding me time. I can identify with the frustration of the gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr. Mica) because you really did…
Mr. Speaker, I thank the gentleman for yielding me time.
I can identify with the frustration of the gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr. Mica) because you really did do your job. You have gotten a good bipartisan bill out of committee, and I know it because up close there were things that both chairmen worked with me on together.
Their bipartisan bill did not have privatization. It is really hard to find out who are the folks that are for privatization because you will not find them in the committee, and you will not find them in the House and the Senate, and that is who I thought we were. This breaks my heart because both chairmen worked so closely with me to get changes in this bill that I wanted and some of them were controversial. An example is the slots, very controversial.
I did not get all I wanted, but instead of the proposed 36, it is down to 20 and we worked together to get that. I worked with the gentleman from Florida (Mr. Mica) and the gentleman from Alaska (Mr. Young) because general aviation here had not been reimbursed and everybody else had been reimbursed. They said we will work with you and they did. There is $100 million in here for the small airports that were not reimbursed the way the big airlines were.
D.C. was hit especially hard because we are not open yet. They worked with me on that and there is language in there instructing the Department of Homeland Security to develop and implement a plan to open to general aviation, including charters, to the airports so that they can come in.
They worked with them on language to get airplanes here, state-of- the-art airplanes that take more passengers, but they are quieter and more fuel efficient. My only regret in this bill for myself is that the Metropolitan Airport Authority has to come here to ask for grant funds that everybody else gets automatically. Having all of that good stuff and it is full of other good stuff for the entire country in here, the chairman did not want privatization here. We have privatization messing up the bill and causing a huge controversy in this House.
First, the small airports will be the guinea pigs. The poor 69 airports they have come and screamed to high heaven. Many of us were nervous because we thought after the guinea pigs the rest of us would follow. The problem, I want to say to my good friend, the gentleman from Florida (Mr. Mica), is once the language is bare, it leaves the impression, and I think that most of us have the impression, that anything can be privatized now. It leaves the impression that instead of improving the bill, we have gone from bad to worse.
I know what we went through with security guards. If we believe that security guards are inherently governmental, and that is the language here, we surely have corrupted the concept if air traffic controllers are not governmental. 9/11 changed everything. It is a bright line. We are not willing to risk anything in the air.
We are no longer willing to risk anything in the air. I would defy the other side to stand up when I am through and give me an example of something that is inherently governmental if air traffic controllers are not. After 9/11 we would not leave anything to chance in the air space of our country, and the problem with the private sector is they are in the business of making money. They have got to cut corners if it gets tight. This bill fails the indispensable test of guarding our air space as we promised in the post-9/11 period.
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman for the work he has done on this legislation and the abuse he has taken over the last month and a half. He has…
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman for the work he has done on this legislation and the abuse he has taken over the last month and a half. He has stood up better than most people. I want to thank the staff, especially, for the work they have done over this period of time. I also want to thank the gentleman from Minnesota (Mr. Oberstar). He is probably the most knowledgeable person in this House about aviation and has worked on it longer than anybody else, understands the problems and the needs. I would also like to say that I do appreciate the time that he has spent with me and the gentleman from Florida (Mr. Mica) and the gentleman from Oregon (Mr. DeFazio) on writing, I think, a very good piece of legislation.
I will say this: I learned one thing. I will never let a cow out in the pasture without a halter again. This thing sort of got away from me a little bit, but it is still a good bill. It is a bill that should be done; it should be passed. The conference report is very, very, very vital. It does reauthorize the Federal aviation part for 4 years.
I understand the part that has been the most controversial, which is the air traffic control privatization. I will say that when we did pass this in the House, we did not allow any of that to occur. I was in a position that I had to recognize a result instead of just a philosophy and a position that had to be achieved, and that was to try to compensate for interests outside of even the conference. And that was to try, and I thought we had done a good job of protecting, 95 percent of the control towers. That is what we do in the bill. But I had to agree to, and I will not apologize for it, to 69 and, yes, I will say, I took mine out; it was originally 71. But that is the process of the conference.
But this bill does a lot of the other things besides that. That is what the most emphasis is upon. It does fund the small community air service program, the essential air service programs. It provides an increased airport improvement grant funding for the improvement of our airports. There are streamlining airport project reviews that are very important to get our airports built. Increases the number of slots at Reagan National Airport, with which some may not agree, but it was not the abundance of slots that there were on another bill. We kept the slots to a very minimum. It provides flight crew training and certification.
Very frankly, as my colleagues know, this industry has taken a tremendous beating. We need this legislation to pass. We need it to become law. We need to get on with the idea of making sure our airports are safe under this legislation, and that we have the ability to move passengers safely and on time, and that we are not delayed by, I think, inactivity by another agency which sometimes does not do the job they should, and people are frustrated. I have talked to thousands of people today that are not afraid to fly; they are just afraid of the harassment of going to the airport. So I think we must address that.
Overall, again, this, I believe, is a tremendous piece of legislation. It has some flaws, but when we work with two bodies and there are interests from the other side, we have to give some, we take some, and we end up with a result. I believe the result is a good piece of legislation.
Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, this conference report which is the subject of the rule represents only the second time in modern history that a conference…
Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, this conference report which is the subject of the rule represents only the second time in modern history that a conference report filed by the Committee on Transportation and Infrastructure does not include a single Democrat signature. The first time this happened was the first conference report on this same bill which subsequently had to be recommitted, and this last conference report is no better; and we will be back here again because this bill will simply not pass the Senate.
Now, the House rules governing conference committee requires that at least one conference committee be held and what that means is that all of the conferees, all of the conferees get invited in democracy, my friends, in a democracy which we try to promote throughout the world. We stand here and resolution after resolution promote it throughout the world. We are
in Iraq. We are in Afghanistan, but here in the greatest democracy in the world, Democrats representing 134 million Americans in this country through the 206 members of the Democratic Caucus do not get invited to a conference to have those Americans' views on this important air safety issue.
That is outrageous and it is the corruption of the process and the corruption of the House rules. You are supposed to have a conference committee that brings all to the table. Not only did you corrupt the House rules and the conference, you corrupted the will of the House that voted overwhelmingly in a bipartisan manner on this question of air privatization of air traffic controllers.
The House clearly said we do not want rent-a-controllers. The chairman of the full committee in the first conference report did not want it for Alaska. So if it is not good for Alaska, it is not good for any other State of the Nation. I agree with him and his wisdom.
Also, you corrupt the process when you do not permit the opportunity for our colleagues to participate on behalf of those 134 million Americans. After September 11 we did not privatize screeners; we Federalized them. We federalized them. And on the September 11 day, it was these air traffic controllers that brought to the ground hundreds and hundreds of planes across the country in a very incredibly short period of time in order to ensure the safety of those who were traveling on those planes and the safety of all Americans should those airplanes be used as they were used in New York and in the Pentagon as weapons of mass destruction.
So let us give to air traffic controllers in a privatized function the responsibility for air security as well.
America cannot afford, in terms of the traveling public's safety once they are in the air, to have those airplanes which we have seen can be turned into weapons of mass destruction, ultimately be controlled by some privatized entity.
We need to continue to keep it as it is. It is the safest, most reliable system in the world. I simply do not know why we are trying to undo that, and I certainly do not know what is so terrible about the marketplace of ideas that my colleagues cannot have us in the conference room and the opportunity to make sure that the rest of America knows what they are doing.
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Maryland (Mr. Hoyer), our distinguished minority whip. I am the last speaker on our side. Mr. Speaker, how much time remains on this side?…
Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Maryland (Mr. Hoyer), our distinguished minority whip.
I am the last speaker on our side.
Mr. Speaker, how much time remains on this side?
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I will be asking for a vote on the previous question, and if the previous question is defeated, I will offer an amendment to the rule. My amendment will provide that upon adoption of this rule the enrolling Clerk is directed to make the following changes to the conference report:
One, to insert the language in the Senate-passed FAA bill that would prohibit the privatization of the air traffic control system. Two, to strike the cabotage language in the bill that would allow foreign airlines to carry cargo between cities in Alaska and other cities in the United States. Three, to restore the mandatory TSA security and antiterrorism training guidelines for flight attendants that was in the House-passed version of the FAA bill. The conference report makes these important guidelines discretionary. And, four, to delete the requirement for certain communities to pay a local share for essential air service.
Mr. Speaker, these changes represent the true will of the Congress with regard to this very important legislation. What has happened since H.R. 2115 first went to conference, and particularly in the past 2 days, is a travesty of our democratic system of government. It is obscene that the leadership in the House of Representatives and the Senate would turn our legislative process on its head. And it is even more obscene if we were to let that happen without any protest. This type of behavior must stop. The last time I looked, we lived in a democracy. This is supposed to be a deliberative body. We all took an oath of office when we began serving in this fine institution. It is time to live up to that oath.
I want to stress that a ``no'' vote on the previous question will not stop consideration of the conference report for the FAA reauthorization; rather, a ``no'' vote will allow the House to
amend the rule to make the changes necessary for this conference report to truly reflect the bill that won widespread bipartisan support in both the House and the Senate.
Again, I urge my colleagues to vote ``no'' on the previous question and remind them that this is the only way that we are going to prohibit the privatization of our air traffic control system.
Mr. Speaker, I ask unanimous consent that the text of this amendment be printed in the Record immediately before the vote on the previous question.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I demand a recorded vote.
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Mr. Speaker, I have a parliamentary inquiry. Mr. Speaker, I would like to inquire whether the rules and precedents of the House require that after the House has voted, that we meet in conference,…
Mr. Speaker, I have a parliamentary inquiry.
Mr. Speaker, I would like to inquire whether the rules and precedents of the House require that after the House has voted, that we meet in conference, that an actual meeting of a conference take place?
Mr. Speaker, I am sorry, the answer is yes then; when we vote to go to conference, there has to be an actual meeting?
Mr. Speaker, I rise to a point of order.
Mr. Speaker, I would make a point of order, since there was no actual meeting of the conference.
I do.
Mr. Speaker, this is a crucial issue of the privileges of Members in our representation of our districts, of our constituencies, and of the precedents of the House of Representatives on how we conduct business.
The House earlier this week voted unanimously to return to conference because the bill had been in dispute because of a contentious section regarding the privatization or contracting out of 69 air traffic control towers. The only way it seemed possible to resolve that issue was to return to conference. The House voted unanimously to return to conference, but no conference meeting was ever held. Earlier in the debate one would have gotten the impression that such a meeting was held. It was not held.
The Chair has ruled that an actual physical meeting of the conferees representing the various points of view on the bill in representing their constituents must be convened and they must have the opportunity to work through those issues.
In this case, there was no meeting of any conference. No Democratic Member, and, to the best of my knowledge, no Republican Member, was invited to a conference, there was no public notice of a conference, and no conference took place. Yet the bill was modified and returned to the floor of the House here.
So, Mr. Speaker, given the 200 years of precedent that an actual conference meeting must take place before you can have a conference report, I would respectfully make a point of order under clause 12 of rule XXII that there be at least one conference meeting. As I understand it, that same rule provides for a point of order in the House against the report and for an automatic request for a new conference if the House managers fail to meet in open session.
So I would ask that the Chair so rule, that this bill is out of order, and that we be mandated to return to actually have a physical meeting of a conference.
Mr. Speaker, I have a parliamentary inquiry. Mr. Speaker, has there been a violation of the House rules, the rules of this House and the integrity of this House in convening the conference on the FAA…
Mr. Speaker, I have a parliamentary inquiry.
Mr. Speaker, has there been a violation of the House rules, the rules of this House and the integrity of this House in convening the conference on the FAA bill? That is my inquiry.
Mr. Speaker, has that been the case with this bill?
Mr. Speaker, so in other words, the Committee on Rules made their statement, therefore, that is the answer to the question, really. Correct, Mr. Speaker?
Mr. Speaker, let me say this: That on 9/11, this public system that we have in the United States was able to land 700 planes in a very short period of time. They cleared the air in 2 hours. And as the ranking member of this committee has stated most eloquently, if the control of the national air space and the safety of the traveling public is not a governmental function, one has to question what is. And I think that sums it up in a nutshell.
We have had a failure of privatized baggage screening in this country, and that is why we moved into the public sector. And while those on the opposition would say that this does not, this does not advocate privatization, we know what the agenda is down the street, a part-timing of the workforce in this country, no question about it, and trying to do everything we can to undermine organized labor. My colleagues know it and I know it, regardless of where one stands on this legislation.
If one says this has nothing to do with this legislation, then what are we debating for? Why did this House vote 418 to 8, which is a pretty startling number, 418 to 8, the Committee on Transportation and Infrastructure voted, they made their decision very clear. And it is an absolute abomination that we have taken that vote and tried to strain it, cleanse it, to do everything we possibly could to it, to bring back to this floor legislation that could have had bipartisan support, that did have bipartisan support, in order to divide this Chamber. Division, division, division. Because you have in sight your objective, and your objective is to part-time the workforce in America. You have not gone far enough. And you are afraid to talk head-on to it.
This is not the end of it. There is going to be more than adjournments, it is going to be more than debates. It is a central issue in American politics today.
Mr. Speaker, I thank the gentleman for yielding me this time, and I appreciate the diligence and leadership that he has provided and the countless hours that he has invested in providing us with a…
Mr. Speaker, I thank the gentleman for yielding me this time, and I appreciate the diligence and leadership that he has provided and the countless hours that he has invested in providing us with a good bill today. I want to echo the gentleman from Alaska's (Chairman Young) thanks and appreciation to the gentleman from Minnesota (Mr. Oberstar) whose time of service, whose interest, whose involvement in this and in all transportation projects is very admirable, particularly on aviation. His knowledge and wisdom and experience that he brings to the table is outstanding, and I appreciate the friendship that we share.
Mr. Speaker, today I rise in support of the FAA reauthorization bill because we need to move forward with improvements to our Nation's aviation system. This bill is about improving our Nation's aviation infrastructure and system at a time when we are looking for ways to stimulate our economy. Slowing the modernization of our aviation system is exactly the wrong thing to do.
The conference report includes more than $14 billion for airport improvements, money from the aviation trust fund to pay for improvements such as new runways, taxiways, terminal buildings and noise abatement, and a streamlined environmental review process. The bill includes over $100 million in critical funding to support air services at small and medium airports.
The legislation provides an important economic stimulus. Civil aviation generates more than $900 billion in gross domestic product every year. In fiscal year 2004 alone, funding in the FAA reauthorization bill for airport construction projects will create approximately 162,000 direct and indirect jobs. Over the life of the bill, the $14 billion for airport improvements will create approximately 665,000 jobs. It frees up takeoff and landing slots at Reagan National Airport. It increases competition for consumers. For cargo pilots, it allows them to be armed, just like passenger airline pilots.
Mr. Speaker, this bill keeps our promise to the flying public and continues the guarantee that all of the taxes and revenues paid into the aviation trust fund will be used and fully spent for airport improvements, air traffic control modernization; and all of these issues will be fully funded.
Mr. Speaker, I thank the gentleman from Florida (Mr. Mica), and I thank the gentleman from Florida (Mr. Lincoln Diaz- Balart), and I thank the members of the conference committee, and I particularly…
Mr. Speaker, I thank the gentleman from Florida (Mr. Mica), and I thank the gentleman from Florida (Mr. Lincoln Diaz- Balart), and I thank the members of the conference committee, and I particularly thank the chairman.
There were some difficulties following the conference committee meeting when I was there and others were there. There was a conference committee meeting and there was some argument over the 69 towers, and the bill before us today corrects that argument.
Now, what I would like to correct for a second are two facts or two statements that I have just heard.
First of all, this bill is about the safety of the American people and a failure to adopt this conference committee would be turning the back on the safety of the American people. That is number one.
Number two is about if you represent a major airport in this country, an airport that is gone through the trauma of the post 9/11 period, an airport that is now working with the CX 9000 equipment and the other equipment we are mandating. This bill puts into statute the conference committee report, the reimbursements in law that those airports will receive. It removes us from last-minute supplemental appropriations with cries for needs of money from airports and the moving of the shell game.
This conference committee report addresses the rural and smaller airports in this country. This conference committee report is all about safety, notwithstanding what one's policy may have been on the issue that took us to the controversy that caused the bringing back of this conference report and for it to be rewritten.
The fact of the matter is it is obfuscation if someone stands here in this House and says that this bill continues what has been corrected. This bill corrects the deficiency. This bill is an investment in the safety of the American people that fly; and a vote against this rule or against this bill would be a vote against their safety. So I commend the chairman. I commend the gentleman from Florida (Mr. Mica), and I commend all the Members of this House who care about the safety of the American people, the safety and security of our airports, and the continued great aviation industry we have. I urge Members to vote for the rule and for the final report.
Mr. Speaker, I thank the ranking member of both the subcommittee and the full committee for yielding me this time. Mr. Speaker, I rise in strong opposition to H.R. 2115, this FAA reauthorization bill…
Mr. Speaker, I thank the ranking member of both the subcommittee and the full committee for yielding me this time.
Mr. Speaker, I rise in strong opposition to H.R. 2115, this FAA reauthorization bill conference report.
To begin with, I am deeply concerned that the Democratic members were not included in this conference committee. Members from both sides of the aisle and in both Chambers of Congress have worked too hard on this aviation reauthorization bill to have had it stalled over disputes that can be rectified through consensus.
Secondly, the language that was struck from section 230 will actually make it easier for the privatization of air traffic control positions. Ultimately, when we address the future of our national air traffic controllers, I firmly believe that we need to view it through the scope of safety and security. No amount of cost-saving can
come close to substituting for the safety and security of our national aviation system and infrastructure.
This is not an administrative shell game, Mr. Speaker, nor should we treat it as such. At risk is the American flying public.
In 2002, 612 million people boarded U.S. carriers, serving both domestic and international flights. No event illustrates the importance and the grave necessity of ensuring that we have a skilled air traffic control network than the events of 9-11. On that horrific day, as Americans waited for the next tragic event to unfold, our Nation's air traffic controllers calmly landed almost 5,000 planes in 2 hours without any operational incidents or errors. This incredible feat was due to the skill and ultimate professionalism of our Nation's air traffic controllers.
As a senior member representing California on the Subcommittee on Aviation, I have local concerns as well. Specifically, Southern California is no ordinary region. We are the most populous region in the country. The congestion on the highways of Southern California is legendary.
Mr. Speaker, let us oppose this bill.
Mr. Speaker, the Republican leadership has turned what should have been a bipartisan achievement into a partisan travesty. When we passed this legislation by a vote of 418-8 on July 11, we explicitly…
Mr. Speaker, the Republican leadership has turned what should have been a bipartisan achievement into a partisan travesty. When we passed this legislation by a vote of 418-8 on July 11, we explicitly barred the privatization of air traffic controllers. We did so because we were concerned about the safety of the American public. The Senate bill which passed 94-0 went even further. It extended the protection to airway system specialists. Why? On behalf of the safety of the American public.
Then the Republican leadership hijacked this legislation. It adopted a conference report that rejected the opinion of the House and rejected the opinion of the Senate and stripped out the language barring privatization, again, passed to protect the safety of the American flying public.
Instead, it allowed 69 air traffic control towers to be turned over to private companies which must always put the bottom line first, and it removed the protections for airway systems specialists, removed mandatory and terrorism training for flight attendants, and permitted foreign airlines to raid U.S. markets.
Even Republicans balked at these changes, and that is why this legislation has hung around for so long, but Mr. Speaker, without the explicit prohibition on privatization that was included in the bill we passed in June, the administration is free to move forward with privatization, notwithstanding the will of the House and the will of the Senate. That should not be acceptable in a democratic legislative body. The flying public deserves better. America deserves better. They need to know that the people on the ground responsible for air safety are not being forced to cut corners to save dollars.
I urge my colleagues to vote for a fair process and vote for the public safety by voting down this legislation and this conference report. I thank the gentleman for yielding me the time.
Mr. Speaker, I rise to speak in support of House Resolution 422. Recognizing that more than 300 million children suffer from chronic hunger worldwide, we need to restore funding for this program at…
Mr. Speaker, I rise to speak in support of House Resolution 422. Recognizing that more than 300 million children suffer from chronic hunger worldwide, we need to restore funding for this program at levels similar to those of the original pilot program.
Providing nutritious food at schools worldwide is a simple, but effective way to improve literacy rates and help poor children break out of poverty.
I strongly believe this funding is key to combating several root causes of international terrorism. It increases the school attendance of children who may otherwise be susceptible to recruitment by terrorist groups who offer meals.
As a co-sponsor of this legislation, I also believe that by providing financial and technical assistance for school feeding and maternal and child nutrition programs, we help fight HIV/AIDS. Schools provide one of the most effective means to teach children about disease prevention.
These are specific examples of how school feeding operations benefit low-income countries.
The fact that both the initial pilot program and the current McGovern-Dole Program have a proven track record at reducing the incidence of hunger among school-age children, increasing attendance, particularly for girls, and improving literacy and primary education, clearly indicates that we should work with the United Nations and its member states to expand international contributions for the distribution of food in schools around the world.
Mr. Speaker, let us not forget how global school feeding operations benefit low-income countries--education is a path to upward mobility that can help poor children improve their standard of living, and, most importantly, help poor nations develop more productive, self-reliant economies.
Mr. Speaker, I would inquire at this time how many speakers the other side has remaining. Mr. Speaker, I yield myself such time as I may consume. Alluding to the facts, Mr. Speaker, I think is…
Mr. Speaker, I would inquire at this time how many speakers the other side has remaining.
Mr. Speaker, I yield myself such time as I may consume.
Alluding to the facts, Mr. Speaker, I think is important sometimes. Under the Presidency of William Jefferson Clinton, approximately 150 control towers were privatized.
This legislation mandates no privatizations. And under the Presidency of George W. Bush, by the way, there have been zero towers privatized.
I do not recall the protests during the 150 privatizations during the years of Bill Clinton. What I do know is that this legislation mandates no privatizations. The facts sometimes, Mr. Speaker, are important.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation reauthorizes the FAA. It is extremely important to the safety of the flying public in this country. In addition, it reauthorizes $3.4 billion for the FAA and increases it by $100 million each year.
Mr. Speaker, many of the ideas of our friends on the other side of the aisle, and I have a whole page of them here in summary, were included in this legislation. And with regard to what we have heard time and time again about phantoms of privatization, and though 150 occurred during President Clinton's administration, this legislation mandates none.
Mr. Speaker, this is an important piece of legislation. We must pass it today, and so I urge my colleagues to pass the rule and the underlying legislation.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
Mr. Speaker, I rise on behalf of the largest general aviation airport in this country, Van Nuys airport, and the million people who live in its environs. This bill is designed to selectively…
Mr. Speaker, I rise on behalf of the largest general aviation airport in this country, Van Nuys airport, and the million people who live in its environs. This bill is designed to selectively privatize air traffic control. That is unsafe, and it is inherently going to be political.
The chairman of the committee said, ``my hotel room is on the top floor of the Sheraton, and airplanes take off right towards that room.'' That is why Alaska was not going to be included in earlier drafts of this bill. The gentleman from Florida (Mr. Mica) announced to the Aviation Daily that he was going to selectively include and exclude airports based upon which political support he needed for the bill. But at least the prior drafts of this bill
represented an open, corrupt, political process for deciding which constituents must live with unsafe conditions, that the chairman of the committee would not subject himself to.
This bill [in its final form] provides us with opaque, political decision-making, with the White House doing everything [which air traffic control towers to privatize] behind closed doors. Vote against the rule, and against the bill.
Bill Text
2 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 422 Engrossed in House (EH)]
In the House of Representatives, U.S.,
October 30, 2003.
Resolved, That upon adoption of this resolution it shall be in order to
consider the conference report to accompany the bill (H.R. 2115) to amend title
49, United States Code, to reauthorize programs for the Federal Aviation
Administration, 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.
Attest:
Clerk.