I thank my colleague from Florida, the senior member of the Transportation and Infrastructure Committee, for yielding me this time. In September of 2007, we passed a bill very similar to the one that we are considering today.…
I thank my colleague from Florida, the senior member of the Transportation and Infrastructure Committee, for yielding me this time.
In September of 2007, we passed a bill very similar to the one that we are considering today. Unfortunately, the Senate never acted so we find ourselves once again trying to enact a much-needed authorization bill. In the meantime, the program continues to operate under a series of extensions, the most recent one expiring September 30 this year.
While the current economic downturn has alleviated some of the delays in congestion and complaints of the flying public, we know that once the economy recovers the system will again feel overwhelming strain. So the urgency for this legislation remains.
The American Society of Civil Engineers issues an infrastructure report every so often, and the most recent 2009 report card gives aviation a grade of only a D. This is actually a lower grade than the D-plus earned in the 2005 report card. So the condition of our aviation infrastructure is getting worse here in the United States, not better.
The bill before us increases Federal investment in aviation infrastructure, with funding for the Airport Improvement Program, which provides grants from the Aviation Trust Fund for airport improvements, increased to a total of $16.2 billion over 4 years. The Facilities and Equipment Program is increased to $13.4 billion.
It also increases the cap on the level of passenger facility charges that an airport can impose for capacity and safety projects. The cap was last raised 9 years ago, and the $4.50 maximum charge is now worth far less due to high construction costs and inflation.
One of the most important initiatives under way at the FAA is something known as NextGen to modernize the air traffic control system. We need to move away from a 50-year-old ground-based system to one that is modern, satellite-based, and which will increase the capacity of the system, lower costs, and increase safety. The bill before us will move that modernization process forward.
Mr. Chairman, there are a variety of other provisions, too numerous to enumerate, in this bill that will improve the aviation system in this country and which I strongly support.
However, as occurred last Congress, I am in the rather odd position of voting ``no'' on final passage for my subcommittee's bill. Back in the last Congress, the committee leadership worked together on a bipartisan basis to craft and introduce a good bill. But since that time, and continuing in this new bill, various provisions have been added which make it impossible for me at this time to support the bill.
One provision is regarding air traffic controllers. Part of the provision putting changes in future impasse procedures I do not object to, but it also reopens the currently imposed contract and includes back pay under terms of the 1998 contract, which was estimated to cost the taxpayers some $1 billion over the life of the bill.
The second provision provides that we would move express carriers from being covered by the Railway Labor Act of the National Labor Relations Act, which is really directed at just one company, and that is Federal Express; and, really, I don't think that should be included in this legislation. I think we'll hear more about that from other Members.
Other provisions raise concerns, such as the foreign repair station language which could have unintended consequences as far as trade relations with Europe are concerned, and another that would automatically sunset airline alliance antitrust immunity agreements 3 years after the enactment of this legislation, which again could set in train consequences we cannot understand at this time.
In conclusion, I'd like to thank Chairman Oberstar; my chairman, Jerry Costello; Ranking Member Mica, and certainly the staff on the committee for their dedicated work on this bill. And in conclusion, while I support the general goal and the overwhelming majority of this bill, I do not support it at this particular time.
Mr. Chairman, I rise in opposition to the amendment offered by the gentleman from Minnesota.
Thank you.
While there are clearly many useful provisions in the manager's amendment which we do support, there are, unfortunately, several which we do not. And the most important, or one of the important areas has been mentioned on a number of occasions already on this floor as we've gone forward, and that's the foreign repair station inspection language.
The manager's amendment continues to require twice annual inspections of repair stations in Europe. What does this mean? It means that the European Union will and does oppose this provision and has suggested that the provision will nullify the need for the bilateral aviation safety agreement. It certainly violates the spirit of the United States-European Union Bilateral Aviation Safety Agreement.
Under that agreement in section 15, countries are always allowed to inspect the other country's territory based on safety concerns. So there is flexibility and this is within the letter of the law of the treaty, as the chairman has pointed out. But it's certainly not within the spirit of the treaty. Our government is never going to concede jurisdiction over safety of American equipment and people and planes. And if there is a legitimate reason to inspect, we reserve the right to do it under that treaty. But not just automatic inspections whether there is any reason or not, which is what the amendment provides for.
This section 15 provides for inspection, but it does not envisage twice-annual inspections absent a legitimate risk-based safety concern. And that's the logic of the language of the treaty. If we don't abide by the spirit of the treaty, the EU has--and I believe will--walk away from the bilateral agreement and we will have to renegotiate another agreement which may end up giving us less, rather than more, flexibility to inspect when we determine based on information or concerns that have come forward that a particular inspection of a particular facility is warranted, which we have the right to do at any time under this treaty.
The Europeans do not have the personnel to conduct--well, I don't think our government has the personnel currently to inspect all of the stations that would be required to be inspected. And so we would revoke the certificates for repair stations that are not inspected and the Europeans would not be able to do that in our country. The result would be that a lot of work--all around, both parties to the agreement--would be moved around, at least; and the net loss, so far as between the United States and Europe is concerned would, it's my understanding, fall on American stations because currently a lot of European equipment is in fact maintained here in the United States. That's where the threat to the jobs comes from.
The provisions in the amendment having to do with inspection of stations is opposed by the airline industry; the aviation associations that have looked at it; the United States Chamber of Commerce; airline manufacturers; as I mentioned, the European Union; and some 50 of our colleagues, who signed a letter in opposition, I think probably inspired by concern about the jobs in their district at repair stations and dislocation of work at these stations, particularly the smaller ones, that was circulated by our colleague Mr. Barrow.
There are a number of other concerns about the amendment, particularly some concerns about the clarity of the whistleblower amendments and how those would actually be put into effect. Also, a concern about realignment and consolidation language which ties the FAA's hands.
The major concern we have, as I said, is especially in these tense times, where a small match could ignite a big fire in terms of trade relations. We are really playing with fire in the language that's contained in the manager's amendment having to do with inspection on a mandatory basis twice a year of all of these repair stations.
I reserve the balance of my time.
I would like to speak for a brief moment on a comment my colleague just made, and that is there is a bit of an impression being left that if we don't have these two inspections a year of these foreign European repair stations, they won't be inspected.
They are inspected. In fact, in a number of jurisdictions, the standards that are imposed on these facilities by the European Union and the governments and jurisdictions in which they exist are stricter than our own standards are.
So we do reserve the right now to inspect those stations if there is a problem. But to go ahead and require two inspections a year of stations that are already inspected by standards that we have concluded after experts have looked at it are perfectly adequate is really setting up a dynamic which will end up being disruptive to the industry and to good cooperative relations with our European allies.
I reserve the balance of my time.
I understand that since the gentleman from Minnesota is amending the bill and I'm a member of the committee, I have the right to close.
The concern about this amendment is that we do have the ability to inspect if there's a reason now to inspect. It's very unlikely if this were to become law we would immediately have in place the inspectors necessary to inspect all of these European stations twice a year. As a result, the certification of many of them would be pulled. It would force retaliation by the Europeans on our own stations.
If it was a sincere amendment, it would provide that it not go into effect until the government had an opportunity to inspect all of these stations twice. And it does not do that. We know how effective government is. It will take them years to man up and find all of these European stations. And so we oppose the amendment.
I yield back the balance of my time.
I thank my colleague Chris Lee from New York for yielding and rise in support of his amendment. It's an important step to prevent similar accidents in the future. It is something that we need to do, and I very much appreciate his offering the amendment at this time.
Mr. Chairman, I rise with concerns about the amendment.
I think we can all agree that notifying passengers of their flight's status is quite important. But I would like to express a number of concerns about the amendment. It's an important area, and we would like to work on it, but we want it to be an effective amendment that would not have unintended consequences. So it is in that spirit that I express concerns about the amendment.
We worry that the amendment will have negative, as I said, unintended consequences on some air carriers. Although it only applies to carriers that earn at least 1 percent of domestic passenger service revenue, this amendment will still affect many regional carriers that do not have the capability of carrying out the mandates of the amendment. The vast majority of regional carriers do not issue tickets. This is done by their mainline air partner. Thus, these regional carriers do not even have their passengers' contact information, making the requirement impossible to adhere to by them. They would have to be relying on their mainline partner.
The Regional Airline Association believes that this amendment, as currently written, would require a fundamental restructuring of the contracts and partnership language between the regionals and the mainline carriers that could affect the relationships in a number of ways.
I hope that my colleagues will join me in working as we go forward to refine this amendment so that it
achieves its intended notification to passengers without economically damaging consequences on the balance of power between the small regionals and the mainline partners that they have.
I yield to the gentleman from Minnesota.
We're just raising questions. We agree the amendment is an important one, and it addresses a real need. We just want it not to have the unintended consequence of benefiting the mainline ticket processing operations at the expense of the small regional carriers which, if it was a mandate, it might have the effect of doing. It is not the intention of it, but it would be an unintended consequence because these people would need to get the information to comply from someone else, and that person, foreseeably, could affect the contract relationship.
With the assurance of the chairman, at this time we would be happy to see the amendment move forward, knowing that it will be refined as we go forward.
I yield back the balance of my time.
Will the gentleman yield?
The amendment affirms the sense of Congress that whistleblowers at the FAA should be fully protected by law, and we support the amendment.
The amendment that the gentleman offered would help restore confidence in the public's mind that the projects and programs included in the authorization bill are for the public benefit.
I would like to thank you for offering the amendment.
I urge my colleagues to support the amendment.
Would the gentleman yield?
I thank my colleague for yielding to me.
The amendment he has offered supplements a Department of Transportation Inspector General study on flight delays and cancellations in the base bill by adding to the Inspector General's review a requirement to assess the effect limited air carrier service options has on the frequency of delays and cancelations on such routes.
This is a useful amendment and important to many service airports in our country, and I support the amendment and urge its adoption.
Well, I was going to rise in opposition, even though I don't oppose the amendment either. We would support the amendment and urge its speedy passage.
This amendment seeks to improve aviation safety by requiring the Government Accountability Office (GAO) to conduct a study on FAA oversight of programs intended to prevent or mitigate the dangerous effects of smoke in airline cockpits.
Cockpit smoke can occur due to a variety of reasons, some which are not always imminent threats.
While the FAA has approved several technologies to deal with cockpit smoke, such as specially designed pilot goggles, not every technology is appropriate for all types of aircraft or pilot skill levels. The study proposed by Ms. Kilroy's amendment will assist FAA in determining the most smoke mitigation technology for various operators and aircrafts.
I thank my colleague for her efforts to improve aviation safety and ask all Members to support this amendment.
I would like to give my hardworking and conscientious colleague from New Jersey every assurance that I will work with him.
Mr. Chairman, I rise in opposition to the amendment offered by my esteemed colleague from New York (Mrs. Lowey).
In 1981, Westchester County enacted a curfew that banned all aircraft from operating between the hours of midnight and 7 a.m. This curfew was made against the advice of the FAA, and was immediately struck down by a Federal court. The Court also issued a permanent injunction in part because Westchester was unable to justify the curfew with any evidence of a noise problem. Furthermore, the Court found that the curfew was in violation of the commerce clause because it imposed an undue burden on New York metropolitan air transportation.
Simply put, this amendment would remove the permanent injunction on this unjustified curfew and arbitrarily restrict airspace access without requiring Westchester County to make its case. This matter has been dealt with in the appropriate place, the Federal courts. The airport has a process available to make its case for such a restriction, but has chosen not to comply.
The amendment sidesteps a process that applies to every other airport and would disrupt air travel in the New York area airspace. On those grounds, I urge my colleagues to join me in opposing the amendment.
I yield to my colleague from Florida.
I yield back the balance of my time.
Mr. Speaker, I demand a recorded vote.