Mr. Speaker, I yield myself such time as I may consume. Today we are considering an amendment to H.R. 1586, the Senate-passed FAA reauthorization bill which will substitute two previously considered and passed House bills: H.R. 915, the…
Mr. Speaker, I yield myself such time as I may consume.
Today we are considering an amendment to H.R. 1586, the Senate-passed FAA reauthorization bill which will substitute two previously considered and passed House bills: H.R. 915, the FAA Reauthorization Act of 2009 and H.R. 3371, the Airline Safety and Pilot Training Improvement Act of 2009.
This is a procedural process deemed necessary in order for the House and Senate to enter into negotiations to reconcile the differences in each Chamber's FAA reauthorization bill.
While I support the process moving forward, I cannot support the House amendment to H.R. 1586 due to the inclusion of several controversial provisions in the House FAA reauthorization bill being inserted by the amendment.
Certainly we all agree that we need a final bipartisan and bicameral FAA reauthorization bill, and we need it sooner rather than later. With the latest of 13 extensions having passed the House just yesterday, the FAA is still working under the 2003 FAA reauthorization. This is a very untenable situation, so the urgency of this legislation remains.
The American Society of Civil Engineers periodically issues an infrastructure report card, and its 2009 report card gives aviation a grade of only a D. This was actually a lower grade than the D-plus earned in its 2005 report card. So the condition of our aviation infrastructure in the United States is getting worse, not better.
The amendment includes a provision from H.R. 915 that increases Federal investment in aviation infrastructure with funding for the Airport Improvement Program increased to a total of $12.3 billion over 3 years. The facilities and equipment program is increased to $10.1 billion.
The amendment, through a H.R. 915 provision, also increases the cap on the level of passenger facility charges that an airport can impose for capacity and safety improvements. The cap was last raised 10 years ago, and the $4.50 maximum charge is now worth far less due to the passage of time, as well as high construction cost inflation.
One of the most important initiatives under way at the FAA is the modernization of our air traffic control system known as NextGen. We must transition from the 50-year-old ground-based technology to a modern satellite-based system in order to increase capacity, lower costs and increase safety and efficiency in our system. The legislation before us seeks to move this process along while instilling accountability. Congress will need to provide effective oversight to be sure the program stays on track and that we have the financial resources for the $15 billion-$20 billion in government costs for this multi-year program to keep moving forward. Our chairman of the subcommittee, Mr. Costello, has been very active in providing oversight.
The amendment, with the inclusion of H.R. 915 provisions, also improves safety, provides noise mitigation and enhances environmental initiatives. Passenger rights would be addressed by ensuring that airlines and airports plan for the care of passengers who are trapped in long delays on tarmacs.
It also mandates the establishment of a process to avoid airline overscheduling that inevitably leads to delay.
The House amendment also includes H.R. 3371, the Airline Safety and Pilot Training Improvement Act of 2009, a comprehensive, bipartisan bill that passed the House last year. H.R. 3371 improves access and review of pilots' records, requires more extensive pilot training, improves pilot professionalism, addresses pilot fatigue, and increases the minimum certification standards for commercial airline pilots. I look forward to working on finalizing these provisions with the Senate during a conference committee to improve airline safety.
Unfortunately, despite the inclusion of important safety provisions, the amendment also includes a number of controversial provisions in H.R. 915, the same provisions that delayed consideration of the FAA reauthorization in the Senate. Therefore, it's impossible for me to support the amendment in its current form.
One provision regarding air traffic controllers provides for changes in future impasse procedures, which I don't object to, but it also includes costly rollback and backpay requirements under terms of the 1998 contract. According to the Congressional Budget Office, the cost of this provision in budget year 2009 was $83 million, and about $1 billion over the life of the bill. With the arbitrated controller contract agreed to last year, I would have thought this provision would no longer be necessary. However, since it remains as it did in H.R. 915 in the amendment, the provision remains problematic.
H.R. 915 also includes a provision that would move express carriers from being covered by the Railway Labor Act to the National Labor Relations Act. This is really targeted at one company, FedEx Express. FedEx Express was organized as, and still is, an air carrier, in particular, an express carrier. As such, it's been covered by the Railway Labor Act since its creation in 1971.
It has trucks, but it is a fully integrated system, and the trucks would not operate without the planes, which was reaffirmed by the Ninth Circuit Court of Appeals several years ago. I'd note that other companies within the FedEx family, such as FedEx Freight, are rightly covered by the National Labor Relations Act.
Other provisions included in the amendment from H.R. 915 raise concerns, such as the foreign repair station language, which may have the unintended consequences of leading to retaliation by the European Union. This will result in the loss of jobs here in the U.S., as European customers may no longer send planes to the U.S. and the Europeans may impose costly certification and inspection processes on U.S. repair stations.
Also, H.R. 915 included a provision that would automatically sunset airline alliance antitrust immunity agreements 3 years after enactment. We are told this could threaten approximately 15,000 airline jobs in the United States. Considering U.S.-based airlines have already been forced to cut a staggering
41,000 jobs, nearly 10 percent of their work force in the last 2 years, further job loss resulting from this provision raises obvious concerns.
I'd like to thank Chairman Oberstar, Chairman Costello, and Ranking Member John Mica and other members of the committee for their continued dedication in working to pass an FAA bill. Many thanks also to our hardworking staff for the effort they've put in over the last 3 years.
And in conclusion, I support the general goals and the majority of this bill in terms of increasing infrastructure investment, advancing NextGen, improving safety and the environment, and increasing passenger protections. There are a few specific provisions that will preclude me from voting for the House amendment to H.R. 1586. Nevertheless, I'm pleased we're considering this bill today and, after it passes, I look forward to continuing to work with my colleagues in a conference committee with the Senate so that we can get a bipartisan, bicameral FAA reauthorization in place.
Yes.
That was my observation, and I'm happy with that assurance.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1\1/2\ minutes to our colleague from the State of Texas, Kevin Brady.
Mr. Speaker, I yield 2 minutes to our colleague from Texas, Lamar Smith.
Mr. Speaker, I have only one request for time, and I reserve the balance of my time.
I continue to reserve the balance of my time.
I have only one request and continue to reserve the balance of my time.
I thank the chairman.
I yield such time as he may consume to my colleague, John Mica, from Florida.
Mr. Speaker, I would just observe that we are talking past each other a little bit. I think the bill overall, I certainly would not dispute the estimate of the Department of Transportation or the FAA that increasing the funding available for construction of new airports and for operating the system and for putting in the NextGen and so on will create jobs within the airline system.
But I think the ranking member, Mr. Mica, was speaking about some other provisions of the bill and the impact it might have under certain interpretations, on, for example, repair stations or on airline jobs in this country. So there would be gains in one area, but there are potential losses in another area. That was the concern.
I yield to the gentleman.
I yield back the balance of my time.