June 12, 2003 CONGRESSIONAL RECORD — SENATE S7757 of the paternalistic lease approval sys- worked to address concerns regarding øTITLE I—REAUTHORIZATIONS; FAA tem that requires the Secretary of the the trust responsibilities between MANAGEMENT Interior to approve all tribal leases. tribes and the Secretary of the Inte- øSec. 101. improvement pro- This delays action and creates invest- rior. These agreed-upon changes make gram. ment uncertainty. up the amendment Senator CAMPBELL øSec. 102. Airway facilities improvement In an attempt to resolve this out-of- has offered. program. date process, the Indian Affairs Com- This amendment deserves the strong øSec. 103. FAA operations. ø mittee and the Senate Energy Com- support of the Senate. Sec. 104. Research, engineering, and de- velopment. mittee have taken key elements of I ask unanimous consent for 1 addi- øSec. 105. Other programs. both Senator CAMPBELL’s legislation S. tional minute for Senator CAMPBELL to øSec. 106. Reorganization of the Air 522 and Senator BINGAMAN proposal, S. speak. Traffic Services Subcommittee. 424. The PRESIDING OFFICER. Without øSec. 107. Clarification of responsibil- The title adopts Senator BINGAMAN’s objection, it is so ordered. ities of chief operating officer. proposal to create the Office of Indian The Senator from . øTITLE II—AIRPORT DEVELOPMENT Energy Policy and Programs within Mr. CAMPBELL. Mr. President, I øSec. 201. National capacity projects. the Department of Energy. This office thank the Senator from New , øSec. 202. Categorical exclusions. will provide grants and loan guarantees who is a stalwart supporter of this øSec. 203. Alternatives analysis. to tribes to facilitate the development movement. øSec. 204. Increase in apportionment for, of their energy resources and infra- There is no question, if we do not and flexibility of, noise compat- structure. take this back up between now and ibility planning programs. Section 303, of this title will change July, if there is a second degree offered øSec. 205. Secretary of Transportation to the existing lease agreements between at that time, we will be giving the op- identify airport congestion-re- the Secretary of the Interior and tribes ponents of this bill—instead of giving lief projects and forecast air- to allow tribes to enter into a lease or Indians an opportunity to get up off port operations annually. agreement without the approval of the their knees and get some jobs—an op- øSec. 206. Design-build contracting. Secretary so long as those leases or portunity to gin up some opposition. I øSec. 207. Special rule for airport in Illi- business agreements conform to regu- nois. think that is what the delay is for. I ø lations promulgated by the Secretary. Sec. 208. Elimination of duplicative re- appreciate the support of the Senator quirements. The section establishes a process by from New Mexico. øSec. 209. Streamlining the passenger fa- which a tribe may submit a plan gov- f cility fee program. erning leases and rights-of-way to the øSec. 210. Quarterly status reports. Secretary for approval. It also requires AVIATION INVESTMENT AND øSec. 211. Noise disclosure requirements. the tribe to demonstrate to the Sec- REVITALIZATION VISION ACT øSec. 212. Prohibition on requiring air- retary that the plan includes provi- The PRESIDING OFFICER. Under ports to provide rent-free space sions regarding lease and contract the previous order, the time of 12:15 for FAA or TSA. terms, environmental regulation, and having arrived, the Senate will proceed øSec. 213. Special rules for fiscal year public notification and comment. to consideration of S. 824, which the 2004. I think that is very important to clerk will report by title. øTITLE III— SERVICE note that this entire proposal is vol- The bill clerk read as follows: DEVELOPMENT ø untary. Let me repeat that. This pro- A bill (S. 824) to reauthorize the Federal Sec. 301. Delay reduction meetings. ø posal is completely voluntary. Tribes Aviation Administration, and for other pur- Sec. 302. Reauthorization of essential will not be forced to adopt this pro- poses. air service program. øSec. 303. Small community air service posal if they feel it would not benefit The Senate proceeded to consider the the tribe as a whole. development pilot program. bill (S. 824) to reauthorize the Federal ø We have numerous letters from tribes Sec. 304. DOT study of competition and Aviation Administration, and for other access problems at large and who support the proposal and I am con- purposes, which had been reported from medium hub . fident they will benefit. However, any the Committee on Commerce, Science, øSec. 305. Competition disclosure re- tribe that opposes this proposal prob- and Transportation, with an amend- quirement for large and me- ably will not participate and can con- ment to strike all after the enacting dium hub airports. tinue to operate under the status quo. clause and inserting in lieu thereof the øTitle IV—Aviation Security This amendment also protects the following: øSec. 401. Study of effectiveness of environment. I think the statement of [Strike the part shown in black transportation security system. President Joe Shirley of the Navajo brackets and insert the part shown in øSec. 402. Aviation security capital fund. Nation before the Senate Indian Affairs italic.] øSec. 403. Technical amendments related Committee accurately captures the en- to security-related airport de- S. 824 vironmental responsibilities all tribes velopment. Be it enacted by the Senate and House of Rep- must comply with. President Shirley øTitle V—Miscellaneous resentatives of the United States of America in stated, Congress assembled, øSec. 501. Extension of war risk insur- ance authority. Tribes may already promulgate regula- øSECTION 1. SHORT TITLE; AMENDMENT OF tions that are more, but not less, stringent TITLE 49. øSec. 502. Cost-sharing of air traffic modernization projects. than Federal regulations governing the same ø(a) SHORT TITLE.—This Act may be cited subject matters (environment). The fol- as the ‘‘Aviation Investment and Revitaliza- øSec. 503. Counterfeit or fraudulently lowing is a list of some of the federal stat- tion Vision Act’’. represented parts violations. utes that already control regulations for ø(b) AMENDMENT OF TITLE 49.—Except as øSec. 504. Clarifications to procurement land use, both State and tribal: National En- otherwise expressly provided, whenever in authority. vironmental Policy Act, Clean Air Act, this Act an amendment or repeal is ex- øTITLE I—REAUTHORIZATIONS; FAA Clean Water Act, Endangered Species Act, pressed in terms of an amendment to, or a MANAGEMENT Federal Land Management and Policy Act, repeal of, a section or other provision, the øSEC. 101. AIRPORT IMPROVEMENT PROGRAM. National Historic Preservation Act, Native reference shall be considered to be made to a ø American Graves Protection and Repatri- section or other provision of title 49, United (a) AUTHORIZATION OF APPROPRIATIONS.— ation Act, Surface Mining Control and Rec- States Code. Section 48103 is amended— lamation Act and the Indian Mineral Leasing ø(1) by inserting ‘‘(a) IN GENERAL.—’’ be- øSEC. 2. TABLE OF CONTENTS. Act. fore ‘‘The’’; øThe table of contents for this Act is as ø(2) by striking ‘‘and’’ in paragraph (4); Clearly, the tribes must fully comply follows: ø(3) by striking ‘‘2003.’’ in paragraph (5) and with our environmental statutes. øSec. 1. Short title; amendment of title inserting ‘‘2003;’’; Following markup of S. 14, the Indian 49. ø(4) by inserting after paragraph (5) the fol- Affairs and Energy Committees have øSec. 2. Table of contents. lowing:

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7758 CONGRESSIONAL RECORD — SENATE June 12, 2003

ø‘‘(6) $3,400,000,000 for fiscal year 2004; ø‘‘(C) ELIGIBILITY.—Members appointed the original appointment. Any member ap- ø‘‘(7) $3,500,000,000 for fiscal year 2005; and under subparagraph (A)(ii) shall— pointed to fill a vacancy occurring before the ø‘‘(8) $3,600,000,000 for fiscal year 2006.’’; and ø‘‘(i) have a fiduciary responsibility to rep- expiration of the term for which the mem- ø(5) by adding at the end the following: resent the public interest; ber’s predecessor was appointed shall be ap- ø‘‘(b) ADMINISTRATIVE EXPENSES.—From ø‘‘(ii) be citizens of the United States; and pointed for the remainder of that term. the amounts authorized by paragraphs (6) ø‘‘(iii) be appointed without regard to po- ø‘‘(J) CONTINUATION IN OFFICE.—A member through (8) of subsection (a), there shall be litical affiliation and solely on the basis of whose term expires shall continue to serve available for administrative expenses relat- their professional experience and expertise until the date on which the member’s suc- ing to the airport improvement program, in one or more of the following areas: cessor takes office. passenger facility fee approval and over- ø‘‘(I) Management of large service organi- ø‘‘(K) REMOVAL.—Any member appointed sight, national airport system planning, air- zations. under subparagraph (A)(ii) may be removed port standards development and enforce- ø‘‘(II) Customer service. for cause by the Secretary. ment, airport certification, airport-related ø‘‘(III) Management of large procurements. ø‘‘(3) GENERAL RESPONSIBILITIES.— environmental activities (including legal ø‘‘(IV) Information and communications ø‘‘(A) OVERSIGHT.—The Committee shall service), to remain available until ex- technology. oversee the administration, management, pended— ø‘‘(V) Organizational development. conduct, direction, and supervision of the air ø ‘‘(1) for fiscal year 2004, $69,737,000; ø‘‘(VI) Labor relations. traffic control system. ø‘‘(2) for fiscal year 2005, $71,816,000; and ø‘‘(B) CONFIDENTIALITY.—The Committee At least one of such members should have a ø‘‘(3) for fiscal year 2006, $74,048,000.’’. shall ensure that appropriate confidentiality background in managing large organizations ø(b) OBLIGATIONAL AUTHORITY.—Section is maintained in the exercise of its duties. successfully. In the aggregate, such members 47104(c) is amended by striking ‘‘2003,’’ and ø‘‘(4) SPECIFIC RESPONSIBILITIES.—The Com- should collectively bring to bear expertise in inserting ‘‘2006,’’. mittee shall have the following specific re- all of the areas described in subclauses (I) øSEC. 102. AIRWAY FACILITIES IMPROVEMENT sponsibilities: through (VI). PROGRAM. ø‘‘(A) STRATEGIC PLANS.—To review, ap- ø‘‘(D) PROHIBITIONS ON MEMBERS OF COM- øSection 48101(a) is amended by adding at prove, and monitor the strategic plan for the MITTEE.—No member appointed under sub- the end the following: air traffic control system, including the es- ø‘‘(6) $2,916,000,000 for fiscal year 2004. paragraph (A)(ii) may— tablishment of— ø ø‘‘(7) $2,971,000,000 for fiscal year 2005. ‘‘(i) have a pecuniary interest in, or own ø‘‘(i) a mission and objectives; ø‘‘(8) $3,030,000,000 for fiscal year 2006.’’. stock in or bonds of, an aviation or aero- ø‘‘(ii) standards of performance relative to øSEC. 103. FAA OPERATIONS. nautical enterprise, except an interest in a such mission and objectives, including safe- øSection 106(k)(1) is amended— diversified mutual fund or an interest that is ty, efficiency, and productivity; and ø(1) by striking ‘‘and’’ in subparagraph (C); exempt from the application of section 208 of ø‘‘(iii) annual and long-range strategic ø(2) by striking ‘‘2003.’’ in subparagraph (D) title 18; plans. ø and inserting ‘‘2003;’’; and ‘‘(ii) engage in another business related to ø‘‘(B) MODERNIZATION AND IMPROVEMENT.— ø(3) by adding at the end the following: aviation or aeronautics; or To review and approve— ø ø‘‘(E) $7,591,000,000 for fiscal year 2004; ‘‘(iii) be a member of any organization ø‘‘(i) methods to accelerate air traffic con- ø‘‘(F) $7,732,000,000 for fiscal year 2005; and that engages, as a substantial part of its ac- trol modernization and improvements in ø‘‘(G) $7,889,000,000 for fiscal year 2006.’’. tivities, in activities to influence aviation- aviation safety related to air traffic control; øSEC. 104. RESEARCH, ENGINEERING AND DEVEL- related legislation. and OPMENT. ø‘‘(E) CLAIMS AGAINST MEMBERS.— ø‘‘(ii) procurements of air traffic control øSection 48102 is amended— ø‘‘(i) IN GENERAL.—A member appointed equipment in excess of $100,000,000. ø(1) by striking paragraphs (1) through (8) under subparagraph (A)(ii) shall have no per- ø‘‘(C) OPERATIONAL PLANS.—To review the of subsection (a) and inserting: sonal liability under Federal law with re- operational functions of the air traffic con- ø‘‘(1) For fiscal year 2004, $289,000,000. spect to any claim arising out of or resulting trol system, including— ø‘‘(2) For fiscal year 2005, $204,000,000. from an act or omission by such member ø‘‘(i) plans for modernization of the air ø‘‘(3) For fiscal year 2006, $317,000,000.’’; and within the scope of service as a member of traffic control system; ø(2) by redesignating subsection (h) as sub- the Air Traffic Services Committee. ø‘‘(ii) plans for increasing productivity or section (g). ø‘‘(ii) EFFECT ON OTHER LAW.—This sub- implementing cost-saving measures; and øSEC. 105. OTHER PROGRAMS. paragraph shall not be construed— ø‘‘(iii) plans for training and education. øSection 106 of the Wendell H. Ford Avia- ø‘‘(I) to affect any other immunity or pro- ø‘‘(D) MANAGEMENT.—To— tion Investment and Reform Act for the 21st tection that may be available to a member ø‘‘(i) review and approve the Administra- Century is amended— of the Committee under applicable law with tor’s appointment of a Chief Operating Offi- ø(1) by striking ‘‘2003’’ in subsection respect to such transactions; cer under section 106(s); (a)(1)(A) and subsection (c)(2) and inserting ø‘‘(II) to affect any other right or remedy ø‘‘(ii) review the Administrator’s selection, ‘‘2006’’; and against the United States under applicable evaluation, and compensation of senior ex- ø(2) by striking ‘‘2003,’’ in subsection (a)(2) law; or ecutives of the Administration who have pro- and inserting ‘‘2006,’’. ø‘‘(III) to limit or alter in any way the im- gram management responsibility over sig- øSEC. 106. REORGANIZATION OF THE AIR TRAF- munities that are available under applicable nificant functions of the air traffic control FIC SERVICES SUBCOMMITTEE. law for Federal officers and employees. system; ø(a) IN GENERAL.—Section 106 is amended— ø‘‘(F) ETHICAL CONSIDERATIONS.— ø‘‘(iii) review and approve the Administra- ø(1) by redesignating subsections (q) and (r) ø‘‘(i) FINANCIAL DISCLOSURE.—During the tor’s plans for any major reorganization of as subsections (r) and (s), respectively; and entire period that an individual appointed the Administration that would impact on ø(2) by inserting after subsection (p) the under subparagraph (A)(ii) is a member of the management of the air traffic control following: the Committee, such individual shall be system; ø‘‘(q) AIR TRAFFIC MANAGEMENT COM- treated as serving as an officer or employee ø‘‘(iv) review and approve the Administra- MITTEE.— referred to in section 101(f) of the Ethics in tor’s cost accounting and financial manage- ø‘‘(1) ESTABLISHMENT.—The Secretary of Government Act of 1978 for purposes of title ment structure and technologies to help en- Transportation shall establish an advisory I of such Act; except that section 101(d) of sure efficient and cost-effective air traffic committee which shall be known as the Air such Act shall apply without regard to the control operation; and Traffic Services Committee (in this sub- number of days of service in the position. ø‘‘(v) review the performance and com- section referred to as the ‘Committee’). ø‘‘(ii) RESTRICTIONS ON POST-EMPLOY- pensation of managers responsible for major ø‘‘(2) MEMBERSHIP.— MENT.—For purposes of section 207(c) of title acquisition projects, including the ability of ø‘‘(A) COMPOSITION AND APPOINTMENT.—The 18, an individual appointed under subpara- the managers to meet schedule and budget Committee shall be composed of— graph (A)(ii) shall be treated as an employee targets. ø‘‘(i) the Administrator of the Federal referred to in section 207(c)(2)(A)(i) of such ø‘‘(E) BUDGET.—To— Aviation Administration, who shall serve as title during the entire period the individual ø‘‘(i) review and approve the budget re- chair; and is a member of the Committee; except that quest of the Administration related to the ø‘‘(ii) 4 members, to be appointed by the subsections (c)(2)(B) and (f) of section 207 of air traffic control system prepared by the Secretary, after consultation with the Com- such title shall not apply. Administrator; mittee on Transportation and Infrastructure ø‘‘(G) TERMS FOR AIR TRAFFIC SERVICES ø‘‘(ii) submit such budget request to the of the House of Representatives, and the COMMITTEE MEMBERS.—A member appointed Secretary; and Committee on Commerce, Science, and under subparagraph (A)(ii) shall be appointed ø‘‘(iii) ensure that the budget request sup- Transportation of the Senate. for a term of 5 years. ports the annual and long-range strategic ø‘‘(B) NO FEDERAL OFFICER OR EMPLOYEE.— ø‘‘(H) REAPPOINTMENT.—An individual may plans. No member appointed under subparagraph not be appointed under subparagraph (A)(ii) ø‘‘(5) CONGRESSIONAL REVIEW OF PRE-OMB (A)(ii) may serve as an officer or employee of to more than two 5-year terms. BUDGET REQUEST.—The Secretary shall sub- the United States Government while serving ø‘‘(I) VACANCY.—Any vacancy on the Com- mit the budget request referred to in para- as a member of the Committee. mittee shall be filled in the same manner as graph (4)(E)(ii) for any fiscal year to the

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7759 President who shall transmit such request, ø(E) by striking paragraph (3) and insert- strategic plans for air traffic control serv- without revision, to the Committees on ing the following: ices.’’. Transportation and Infrastructure and Ap- ø‘‘(3) NO FEDERAL OFFICER OR EMPLOYEE.— øTITLE II—AIRPORT DEVELOPMENT propriations of the House of Representatives No member appointed under paragraph (2)(C) øSEC. 201. NATIONAL CAPACITY PROJECTS. and the Committees on Commerce, Science, may serve as an officer or employee of the ø(a) IN GENERAL.—Part B of subtitle VII is and Transportation and Appropriations of United States Government while serving as a amended by adding at the end the following: the Senate, together with the President’s an- member of the Council.’’; ø nual budget request for the Federal Aviation ø(F) by striking subparagraphs (C), (D), ‘‘CHAPTER 477. NATIONAL CAPACITY Administration for such fiscal year. (H), and (I) of paragraph (6) and redesig- PROJECTS ø‘‘(6) COMMITTEE PERSONNEL MATTERS.— nating subparagraphs (E), (F), (G), (J), (K), ø‘‘47701. Capacity enhancement ø ø‘‘(A) COMPENSATION OF MEMBERS.—Each and (L) as subparagraphs (C), (D), (E), (F), ‘‘47702. Designation of national capacity member of the Committee, other than the (G), and (H), respectively; and projects ø chair and vice chair, shall be compensated at ø(G) by striking paragraphs (7) and (8). ‘‘47703. Expedited coordinated environ- a rate of $25,000 per year. ø(2) Section 106(s) (as redesignated by sub- mental review process; project ø‘‘(B) STAFF.—The chairperson of the Com- section (a) of this section) is amended— coordinators and environment mittee may appoint and terminate any per- ø(A) by striking ‘‘Air Traffic Services Sub- impact teams. ø sonnel that may be necessary to enable the committee of the Aviation Management Ad- ‘‘47704. Compatible land use initiative for Committee to perform its duties. visory Council.’’ and inserting ‘‘Air Traffic national capacity projects ø‘‘47705. Air traffic procedures at national ø‘‘(C) PROCUREMENT OF TEMPORARY AND Services Committee.’’ in paragraphs (1)(A) capacity projects INTERMITTENT SERVICES.—The chairperson of and (2)(A); and ø‘‘47706. Pilot program for environmental re- the Committee may procure temporary and ø(B) by striking ‘‘Air Traffic Services Sub- view at national capacity intermittent services under section 3109(b) of committee of the Aviation Management Ad- projects title 5, United States Code. visory Council,’’ and inserting ‘‘Air Traffic ø‘‘47707. Definitions ø‘‘(7) ADMINISTRATIVE MATTERS.— Services Committee,’’ in paragraph (3). ø ø‘‘(A) POWERS OF CHAIR.—Except as other- ø(3) Section 106 is amended by adding at ‘‘§ 47701. Capacity enhancement wise provided by a majority vote of the Com- the end the following: ø‘‘(a) IN GENERAL.—Within 30 days after mittee, the powers of the chairperson shall ø‘‘(t) AIR TRAFFIC CONTROL SYSTEM DE- the date of enactment of the Aviation In- include— FINED.—In this section, the term ‘air traffic vestment and Revitalization Vision Act, the ø‘‘(i) establishing subcommittees; control system’ has the meaning such term Secretary of Transportation shall identify ø‘‘(ii) setting meeting places and times; has under section 40102(a).’’. those airports among the 31 airports covered ø‘‘(iii) establishing meeting agendas; and ø(c) TRANSITION FROM AIR TRAFFIC SERVICE by the Federal Aviation Administration’s ø‘‘(iv) developing rules for the conduct of SUBCOMMITTEE TO AIR TRAFFIC SERVICE COM- Airport Capacity Benchmark Report 2001 business. MITTEE.— with delays that significantly affect the na- ø‘‘(B) MEETINGS.—The Committee shall ø(1) TERMINATION OF MANAGEMENT ADVISORY tional air transportation system. meet at least quarterly and at such other COUNCIL MEMBERSHIP.—Effective on the day ø‘‘(b) TASK FORCE; CAPACITY ENHANCEMENT times as the chairperson determines appro- after the date of enactment of this Act, any STUDY.— priate. member of the Management Advisory Coun- ø‘‘(1) IN GENERAL.—The Secretary shall di- ø‘‘(C) QUORUM.—Three members of the cil appointed under section 106(p)(2)(E) of rect any airport identified by the Secretary Committee shall constitute a quorum. A ma- title 49, United States Code, (as such section under subsection (a) that is not engaged in a jority of members present and voting shall was in effect on the day before such date of runway expansion process and has not initi- be required for the Committee to take ac- enactment) who is a member of the Council ated a capacity enhancement study (or simi- tion. on such date of enactment shall cease to be lar capacity assessment) since 1996— ø‘‘(D) APPLICATION OF SUBSECTION (p) PROVI- a member of the Council. ø‘‘(A) to establish a delay reduction task SIONS.—The following provisions of sub- ø(2) COMMENCEMENT OF MEMBERSHIP ON AIR force to study means of increasing capacity section (p) apply to the Committee to the TRAFFIC SERVICES COMMITTEE.—Effective on at the airport, including air traffic, airline same extent as they apply to the Manage- the day after the date of enactment of this scheduling, and airfield expansion alter- ment Advisory Council: Act, any member of the Management Advi- natives; or ø‘‘(i) Paragraph (4)(C) (relating to access to sory Council whose membership is termi- ø‘‘(B) to conduct a capacity enhancement documents and staff). nated by paragraph (1) shall become a mem- study. ø‘‘(ii) Paragraph (5) (relating to non- ber of the Air Traffic Services Committee as ø‘‘(2) SCOPE.—The scope of the study shall application of Federal Advisory Committee provided by section 106(q)(2)(G) of title 49, be determined by the airport and the Federal Act). United States Code, to serve for the remain- Aviation Administration, and where appro- ø‘‘(iii) Paragraph (6)(G) (relating to travel der of the term to which that member was priate shall consider regional capacity solu- and per diem). appointed to the Council. tions. ø‘‘(iv) Paragraph (6)(H) (relating to detail øSEC. 107. CLARIFICATION OF RESPONSIBILITIES ø‘‘(3) RECOMMENDATIONS SUBMITTED TO SEC- of personnel). OF CHIEF OPERATING OFFICER. RETARY.— ø‘‘(8) REPORTS.— øSection 106(s) (as redesignated by section ø‘‘(A) TASK FORCE.—A task force estab- ø‘‘(A) ANNUAL.—The Committee shall each 106(a)(1) of this Act) is amended— lished under this subsection shall submit a year report with respect to the conduct of its ø(1) by striking ‘‘Transportation and Con- report containing its findings and conclu- responsibilities under this title to the Ad- gress’’ in paragraph (4) and inserting ‘‘Trans- sions, together with any recommendations ministrator, the Management Advisory portation, the Committee on Transportation for capacity enhancement at the airport, to Council, the Committee on Transportation and Infrastructure of the House of Rep- the Secretary within 9 months after the task and Infrastructure of the House of Rep- resentatives, and the Committee on Com- force is established. resentatives, and the Committee on Com- merce, Science, and Transportation of the ø‘‘(B) CES.—A capacity enhancement merce, Science, and Transportation of the Senate,’’; study conducted under this subsection shall Senate. ø(2) by striking ‘‘develop a strategic plan be submitted, together with its findings and ø‘‘(B) COMPTROLLER GENERAL’S REPORT.— of the Administration for the air traffic con- conclusions, to the Secretary as soon as the Not later than April 30, 2003, the Comptroller trol system, including the establishment of— study is completed. General of the United States shall transmit ’’ ø‘‘(c) RUNWAY EXPANSION AND RECONFIG- to the Committee on Transportation and In- in paragraph (5)(A) and inserting ‘‘imple- URATION.—If the report or study submitted frastructure of the House of Representatives ment the strategic plan of the Administra- under subsection (b)(3) includes a rec- and the Committee on Commerce, Science, tion for the air traffic control system in ommendation for the construction or recon- and Transportation of the Senate a report on order to further—’’; figuration of runways at the airport, then the success of the Committee in improving ø(3) by striking ‘‘To review the operational the Secretary and the airport shall complete the performance of the air traffic control functions of the Administration,’’ in para- the planning and environmental review proc- system.’’. graph (5)(B) and inserting ‘‘To oversee the ess within 5 years after report or study is ø(b) CONFORMING AMENDMENTS.— day-to-day operational functions of the Ad- submitted to the Secretary. The Secretary ø(1) Subsection (p) of section 106 is amend- ministration for air traffic control,’’; may extend the 5-year deadline under this ed— ø(4) by striking ‘‘system prepared by the subsection for up to 1 year if the Secretary ø(A) by striking ‘‘18’’ in paragraph (2) and Administrator;’’ in paragraph (5)(C)(i) and determines that such an extension is nec- inserting ‘‘13’’; inserting ‘‘system;’’; essary and in the public interest. The Sec- ø(B) by inserting ‘‘and’’ after the semi- ø(5) by striking ‘‘Administrator and the retary shall notify the Senate Committee on colon in subparagraph (C) of paragraph (2); Secretary of Transportation;’’ in paragraph Commerce, Science, and Transportation, and ø(C) by striking ‘‘Transportation; and’’ in (5)(C)(ii) and inserting ‘‘Administrator;’’; and to the House of Representatives Committee subparagraph (D) of paragraph (2) and insert- ø(6) by striking paragraph (5)(C)(iii) and in- on Transportation and Infrastructure of any ing ‘‘Transportation.’’; serting the following: such extension. ø(D) by striking subparagraph (E) of para- ø‘‘(iii) ensure that the budget request sup- ø‘‘(d) AIRPORTS THAT DECLINE TO UNDER- graph (2); ports the agency’s annual and long-range TAKE EXPANSION PROJECTS.—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7760 CONGRESSIONAL RECORD — SENATE June 12, 2003

ø‘‘(1) IN GENERAL.—If an airport at which the requirements of this subsection, the Sec- the project during the environmental plan- the construction or reconfiguration of run- retary shall notify the Senate Committee on ning process for a national capacity project ways is recommended does not take action Commerce, Science, and Transportation, and that involves the construction of new run- to initiate a planning and environmental as- to the House of Representatives Committee ways or the reconfiguration of existing run- sessment process for the construction or re- on Transportation and Infrastructure imme- ways. If the Secretary determines that noise configuration of those runways within 30 diately. mitigation flight procedures are consistent days after the date on which the report or ø‘‘(c) PROJECT COORDINATORS; EIS TEAMS.— with safe and efficient use of the navigable study is submitted to the Secretary, then— ø‘‘(1) DESIGNATION.—For each project des- airspace, then, at the request of the airport ø‘‘(A) the airport shall be ineligible for ignated by the Secretary as a national ca- sponsor, the Administrator may, in a man- planning and other expansion funds under pacity project under subsection (a) for which ner consistent with applicable Federal law, subchapter I of chapter 471, notwithstanding an environmental impact statement or envi- commit to prescribing such procedures in any provision of that subchapter to the con- ronmental assessment must be filed, the Sec- any record of decision approving the project. trary; retary shall— ø‘‘(b) MODIFICATION.—Notwithstanding any ø‘‘(B) no passenger facility fee may be ap- ø‘‘(A) designate a project coordinator with- commitment by the Secretary under sub- proved at that airport during the 5-year pe- in the Department of Transportation; and section (a), the Secretary may initiate riod beginning 30 days after the date on ø‘‘(B) establish an environmental impact changes to such procedures if necessary to which the report or study is submitted to the team within the Department. maintain safety and efficiency in light of Secretary, for— ø‘‘(2) FUNCTION.—The project coordinator new information or changed circumstances. ø‘‘(i) projects that, but for subparagraph and the environmental impact team shall— ø‘‘§ 47706. Pilot program for environmental (A), could have been funded under chapter ø‘‘(A) coordinate the activities of all Fed- review at national capacity projects 471; or eral, State, and local agencies involved in ø‘‘(a) IN GENERAL.—The Secretary of ø‘‘(ii) any project other than on-airport the project; Transportation shall initiate a 5-year pilot airfield-side capacity or safety-related ø‘‘(B) to the extent possible, working with program funded by airport sponsors— projects. Federal, State and local officials, reduce and ø‘‘(1) to hire additional fulltime-equivalent ø‘‘(2) SAFETY-RELATED AND ENVIRONMENTAL eliminate duplicative and overlapping Fed- environmental specialists and attorneys, or PROJECTS EXCEPTED.—Paragraph (1) does not eral, State, and local permit requirements; ø‘‘(2) to obtain the services of such special- apply to the use of funds for safety-related, ø‘‘(C) to the extent possible, eliminate du- ists and attorneys from outside the United security, or environment projects. plicate Federal, State, and local environ- States Government, to assist in the provi- ø‘‘(e) AIRPORTS THAT TAKE ACTION.—The mental review procedures; and sion of an appropriate nationwide of Secretary shall take all actions possible to ø‘‘(D) provide direction for compliance staffing for planning and environmental re- expedite funding and provide options for with all applicable Federal, State, and local view of runway development projects for na- funding to any airport undertaking runway environmental requirements for the project. tional capacity projects at the Federal Avia- construction or reconfiguration projects in ø‘‘§ 47704. Compatible land use initiative for tion Administration. response to recommendations by its task national capacity projects ø‘‘(b) ELIGIBLE PARTICIPANTS.—Participa- force. ø‘‘(a) IN GENERAL.—The Secretary of tion in the pilot program shall be available, ø‘‘§ 47702. Designation of national capacity Transportation may make grants under on a voluntary basis, to airports with an an- projects chapter 471 to States and units of local gov- nual passenger enplanement of not less than ø‘‘(a) IN GENERAL.—In response to a peti- ernment for land use compatibility plans di- 3 million passengers. The Secretary shall tion from an airport sponsor, or in the case rectly related to national capacity projects specify the minimum contribution necessary of an airport on the list of airports covered for the purposes of making the use of land to qualify for participation in the pilot pro- by the Federal Aviation Administration’s areas around the airport compatible with gram, which shall be not less than the Airport Capacity Benchmarks study, the aircraft operations if the land use plan or amount necessary to compensate the Depart- Secretary of Transportation may designate project meets the requirements of this sec- ment of Transportation for the expense of a an airport development project as a national tion. fulltime equivalent environmental specialist capacity project if the Secretary determines ø‘‘(b) CONDITIONS.—A land use plan or and attorney qualified at the GS-14 equiva- that the project to be designated will signifi- project meets the requirements of this sec- lent level. cantly enhance the capacity of the national tion if it— ø‘‘(c) RETENTION OF REVENUES.—The sala- air transportation system. ø‘‘(1) is sponsored by the public agency ries and expenses account of the Federal ø‘‘(b) DESIGNATION TO REMAIN IN EFFECT that has the authority to plan and adopt Aviation Administration shall retain as an FOR 5 YEARS.—The designation of a project land use control measures, including zoning, offsetting collection such sums as may be as a national capacity project under para- in the planning area in and around the air- necessary from such proceeds for the costs of graph (1) shall remain in effect for 5 years. port and that agency provides written assur- developing and implementing the program The Secretary may extend the 5-year period ances to the Secretary that it will work with required by subsection (a). Such offsetting for up to 2 additional years upon request if the affected airport to identify and adopt collections shall be available for obligation the Secretary finds that substantial progress such measures; eddie subject to the terms and conditions of the re- is being made toward completion of the ø‘‘(2) does not duplicate, and is not incon- ceiving appropriations account, and shall be project. sistent with, an airport noise compatibility deposited in such accounts on a quarterly ø‘‘§ 47703. Expedited coordinated environ- program prepared by an airport owner or op- basis. Such offsetting collections are author- mental review process; project coordina- erator under chapter 475 or with other plan- ized to remain available until expended for tors and environment impact teams. ning carried out by the airport. such purpose. ø ø ø‘‘(a) IN GENERAL.—The Secretary of ‘‘(3) is subject to an agreement between ‘‘§ 47707. Definitions Transportation shall implement an expe- the public agency sponsor and the airport ø‘‘In this chapter: dited coordinated environmental review owner or operator that the development of ø‘‘(1) NATIONAL CAPACITY PROJECT.—The process for national capacity projects that— the land use compatibility plan will be done term ‘national capacity project’ means a ø‘‘(1) provides for better coordination cooperatively; project designated by the Secretary under among the Federal, regional, State, and ø‘‘(4) is consistent with the airport oper- section 44702. local agencies concerned with the prepara- ation and planning, including the use of any ø‘‘(2) OTHER TERMS.—The definitions in sec- tion of environmental impact statements or noise exposure contours on which the land tion 47102 apply to any terms used in this environmental assessments under the Na- use compatibility planning or project is chapter that are defined in that section.’’. tional Environmental Policy Act of 1969 (42 based; and ø(b) ADDITIONAL STAFF AUTHORIZED.—The U.S.C. 4321 et seq.); ø‘‘(5) has been approved jointly by the air- Secretary of Transportation is authorized to ø‘‘(2) provides for an expedited and coordi- port owner or operator and the public agency hire additional environmental specialists nated process in the conduct of environ- sponsor. and attorneys needed to process environ- ø mental reviews that ensures that, where ap- ‘‘(c) ASSURANCES FROM SPONSORS.— The mental impact statements in connection propriate, the reviews are done concurrently Secretary may require the airport sponsor, with airport construction projects and to and not consecutively; and public agency, or other entity to which a serve as project coordinators and environ- ø‘‘(3) provides for a date certain for com- grant may be awarded under this section to mental impact team members under section pleting all environmental reviews. provide such additional assurances, progress 47703 of title 49, United States Code. ø‘‘(b) HIGH PRIORITY FOR AIRPORT ENVIRON- reports, and other information as the Sec- ø(c) CLERICAL AMENDMENT.—The analysis MENTAL REVIEWS.—Each department and retary determines to be necessary to carry for subtitle VII is amended by inserting after agency of the United States Government out this section. the item relating to section 475 the fol- with jurisdiction over environmental reviews ø‘‘§ 47705. Air traffic procedures at national lowing: shall accord any such review involving a na- capacity projects ø‘‘477. National capacity tional capacity project the highest possible ø‘‘(a) IN GENERAL.—The Secretary of projects ...... 47701’’. priority and conduct the review expedi- Transportation may consider prescribing øSEC. 202. CATEGORICAL EXCLUSIONS. tiously. If the Secretary finds that any such flight procedures to avoid or minimize po- øNot later than 30 days after the date of department or agency is not complying with tentially significant adverse noise impacts of enactment of this Act, the Secretary of

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7761 Transportation shall report to the Senate airport noise compatibility planning under means an agreement that provides for both Committee on Commerce, Science, and section 47505(a)(2) for a national capacity design and construction of a project by a Transportation on the categorical exclusions project, for carrying out noise compatibility contractor.’’. currently recognized and provide a list of programs under section 47504(c) of this title, ø(b) CONFORMING AMENDMENT.—The chap- proposed additional categorical exclusions and for noise mitigation projects approved in ter analysis for chapter 471 is amended by in- from the requirement that an environmental an environmental record of decision for an serting after the item relating to section assessment or an environmental impact airport development project designated as a 47137 the following: statement be prepared under the National national capacity project under section ø‘‘47138. Design-build contracting.’’. Environmental Policy Act of 1969 (42 U.S.C. 47702.’’; and ø ø SEC. 207. SPECIAL RULE FOR AIRPORT IN ILLI- 4321 et seq.) for projects at airports. In deter- (2) by striking ‘‘or not such 34 percent re- NOIS. mining the list of additional proposed cat- quirement’’ in the second sentence and in- ø(a) IN GENERAL.—Nothing in this title egorical exclusions, the Secretary shall in- serting ‘‘the funding level required by the shall be construed to preclude the applica- clude such other projects as the Secretary preceding sentence’’. tion of any provision of this Act to the State determines should be categorically excluded øSEC. 205. SECRETARY OF TRANSPORTATION TO of or any other sponsor of a new air- in order to ensure that Department of Trans- IDENTIFY AIRPORT CONGESTION- port proposed to be constructed in the State portation environmental staff resources are RELIEF PROJECTS AND FORECAST AIRPORT OPERATIONS ANNUALLY. of Illinois. not diverted to lower priority tasks and are ø UTHORITY OF THE OVERNOR ø(a) IDENTIFICATION OF PROJECTS.— (b) A G .—Noth- available to expedite the environmental re- ø(1) IN GENERAL.—Within 90 days after the ing in this title shall be construed to pre- views of airport capacity enhancement date of enactment of this Act, the Secretary empt the authority of the Governor of the projects at congested airports. of Transportation shall provide— State of Illinois as of August 1, 2001, to ap- ø SEC. 203. ALTERNATIVES ANALYSIS. ø(A) a list of planned air traffic and air- prove or disapprove airport development ø(a) NOTICE REQUIREMENT.—Not later than port-capacity projects at congested Airport projects. 30 days after the date on which the Secretary Capacity Benchmark airports the comple- øSEC. 208. ELIMINATION OF DUPLICATIVE RE- of Transportation identifies an airport ca- tion of which will substantially relieve con- QUIREMENTS. ø pacity enhancement project at a congested gestion at those airports; and (a) IN GENERAL.—Section 47106(c)(1) is airport under section 47171(c) of title 49, ø(B) a list of options for expanding capac- amended— ø United States Code, the Secretary shall pub- ity at the 8 airports on the list at which the (1) by inserting ‘‘and’’ after ‘‘project;’’ in lish a notice in the Federal Register request- most severe delays are occurring, to the Sen- subparagraph (A)(ii); ø ing comments on whether reasonable alter- ate Committee on Commerce, Science, and (2) by striking subparagraph (B); and ø natives exist to the project. Transportation, and to the House of Rep- (3) by redesignating subparagraph (C) as ø(b) CERTAIN REASONABLE ALTERNATIVES resentatives Committee on Transportation subparagraph (B). ø DEFINED.—For purposes of this section, an and Infrastructure. The Secretary shall pro- (b) CONFORMING AMENDMENTS.—Section alternative shall be considered reasonable vide updated lists to those Committees 2 47106(c) of such title is amended— ø if— years after the date of enactment of this (1) by striking paragraph (4); ø ø(1) the alternative does not create an un- Act. (2) by redesignating paragraph (5) as para- reasonable burden on interstate commerce, ø(2) DELISTING OF PROJECTS.—The Sec- graph (4); and ø the national aviation system, or the navi- retary shall remove a project from the list (3) by striking ‘‘(1)(C)’’ in paragraph (4), gable airspace; provided to the Committees under paragraph as redesignated, and inserting ‘‘(1)(B)’’. ø(2) the alternative is not inconsistent (1) upon the request, in writing, of an airport øSEC. 209. STREAMLINING THE PASSENGER FA- with maintaining the safe and efficient use operator if the operator states in the request CILITY FEE PROGRAM. of the navigable airspace; that construction of the project will not be øSection 40117 is amended— ø(3) the alternative does not conflict with completed within 10 years from the date of ø(1) by striking from ‘‘finds—’’ in para- a law or regulation of the United States; the request. graph (4) of subsection (b) through the end of ø (4) the alternative would result in at least øSEC. 206. DESIGN-BUILD CONTRACTING. that paragraph and inserting ‘‘finds that the the same reduction in congestion at the air- ø(a) IN GENERAL.—Subchapter I of chapter project cannot be paid for from funds reason- port or in the national aviation system as 471 is amended by adding at the end the fol- ably expected to be available for the pro- the proposed project; and lowing: grams referred to in section 48103.’’; ø(5) in any case in which the alternative is ø(2) by adding at the end of subsection ø‘‘§ 47138. Design-build contracting a proposed construction project at an airport (c)(2) the following: ø other than a congested airport, firm commit- ‘‘(a) IN GENERAL.—The Administrator ø‘‘(E) The agency will include in its appli- ments to provide such alternate airport ca- may approve an application of an airport cation or notice submitted under subsection sponsor under this section to authorize the pacity exists, and the Secretary determines (1) copies of all certifications of agreement airport sponsor to award a design-build con- that such alternate airport capacity will be or disagreement received under subpara- tract using a selection process permitted available no later than 4 years after the date graph (D). under applicable State or local law if— of the Secretary’s determination under this ø‘‘(F) For the purpose of this section, an el- ø‘‘(1) the Administrator approves the appli- section. igible agency providing notice and consulta- cation using criteria established by the Ad- ø(c) COMMENT PERIOD.—The Secretary shall tion to an air carrier and foreign air carrier ministrator; provide a period of 60 days for comments on is deemed to have satisfied this requirement ø‘‘(2) the design-build contract is in a form a project identified by the Secretary under if it limits such notices and consultations to that is approved by the Administrator; this section after the date of publication of air carriers and foreign air carriers that have ø‘‘(3) the Administrator is satisfied that notice with respect to the project. a significant business interest on the airport. the contract will be executed pursuant to ø(d) DETERMINATION OF EXISTENCE OF REA- In developing regulations to implement this competitive procedures and contains a sche- SONABLE ALTERNATIVES.—Not later than 90 provision, the Secretary shall consider a sig- matic design adequate for the Administrator days after the last day of a comment period nificant business interest to be defined as an to approve the grant; established under subsection (c) for a air carrier or foreign air carrier that has no ø‘‘(4) use of a design-build contract will be project, the Secretary shall determine less than 1.0 percent of boardings at the air- cost effective and expedite the project; whether reasonable alternatives exist to the port in the prior calendar year, except that ø‘‘(5) the Administrator is satisfied that project. The determination shall be binding no air carrier or foreign air carrier may be there will be no conflict of interest; and on all persons, including Federal and State considered excluded under this section if it ø‘‘(6) the Administrator is satisfied that agencies, acting under or applying Federal has at least 25,000 boardings at the airport in the selection process will be as open, fair, laws when considering the availability of al- the prior calendar year, or if it operates and objective as the competitive bid system ternatives to the project. scheduled service, without regard to such and that at least three or more bids will be ø(e) LIMITATION ON APPLICABILITY.—This percentage requirements.’’; submitted for each project under the selec- section does not apply to— ø(3) by redesignating paragraph (3) of sub- tion process. ø(1) any alternatives analysis required section (c) as paragraph (4) and inserting ø‘‘(b) REIMBURSEMENT OF COSTS.—The Ad- under the National Environmental Policy ministrator may reimburse an airport spon- after paragraph (2) the following: ø Act of 1969 (42 U.S.C. 4321 et. seq.); or sor for design and construction costs in- ‘‘(3) Before submitting an application, the ø(2) a project at an airport if the airport curred before a grant is made pursuant to eligible agency must provide reasonable no- sponsor requests, in writing, to the Sec- this section if the project is approved by the tice and an opportunity for public comment. retary that this section not apply to the Administrator in advance and is carried out The Secretary shall prescribe regulations project. in accordance with all administrative and that define reasonable notice and provide for øSEC. 204. INCREASE IN APPORTIONMENT FOR, statutory requirements that would have at least— AND FLEXIBILITY OF, NOISE COM- been applicable under this chapter 471, if the ø‘‘(A) a requirement that the eligible agen- PATIBILITY PLANNING PROGRAMS. project were carried out after a grant agree- cy provide public notice of intent to collect øSection 47117(e)(1)(A) is amended— ment had been executed. a passenger facility fee so as to inform those ø(1) by striking the first sentence and in- ø‘‘(c) DESIGN-BUILD CONTRACT DEFINED.—In interested persons and agencies who may be serting: ‘‘At least 35 percent for grants for this section, the term ‘design-build contract’ affected, including—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7762 CONGRESSIONAL RECORD — SENATE June 12, 2003 ø‘‘(i) publication in local newspapers of øSEC. 211. NOISE DISCLOSURE REQUIREMENTS. shall be acknowledged by the purchaser’s general circulation; ø(a) DEFINITIONS.—Section 47501 is amended signing of the purchase agreement or other ø‘‘(ii) publication in other local media; and by adding at the end— notification document and the regulated ø‘‘(iii) posting the notice on the agency’s ø‘‘(3) ‘Federal agency’ means any depart- lending institution shall retain a record of website; ment, agency, corporation, or other estab- the receipt of the notice by the purchaser. ø‘‘(B) a requirement for submission of pub- lishment or instrumentality of the executive ø‘‘(d) FEDERAL AGENCY LENDERS.—Each lic comments no sooner than 30 days after branch of the Federal Government, and in- Federal agency lender shall by regulation re- publishing of the notice and not later than 45 cludes the Federal National Mortgage Asso- quire notification in the manner provided in days after publication; and ciation and the Federal Home Loan Mort- subsection (c) with respect to any loan that ø‘‘(C) a requirement that the agency in- gage Corporation. is made by the Federal agency lender and se- clude in its application or notice submitted ø‘‘(4) ‘Federal entity for lending regula- cured by residential real estate or a mobile under paragraph (1) copies of all comments tion’ means the Board of Governors of the home located or to be located in the vicinity received under subparagraph (B).’’; Federal Reserve System, the Federal Deposit of an airport on the Secretary’s list de- ø(4) by striking ‘‘shall’’ in the first sen- Insurance Corporation, the Comptroller of scribed in subsection (b). tence of paragraph (4), as redesignated, of the Currency, the Office of Thrift Super- ø‘‘(e) CONTENTS OF NOTICE.—The notice re- subsection (c) and inserting ‘‘may’’; and vision, the National Credit Union Adminis- quired under this section shall disclose— ø(5) by adding at the end the following: tration, and the Farm Credit Administra- ø‘‘(1) that the property is located within ø‘‘(l) PILOT PROGRAM FOR PASSENGER FA- tion, and with respect to a particular regu- the noise contours depicted on the most re- CILITY FEE AUTHORIZATIONS AT SMALL AIR- lated lending institution means the entity cent noise exposure map submitted by the PORTS.— primarily responsible for the supervision of airport operator according to section 47503 of ø‘‘(1) There is established a pilot program the institution. this chapter, and is subject to aircraft noise for the Secretary to test alternative proce- ø‘‘(5) ‘Federal agency lender’ means a Fed- exposure; and dures for authorizing small airports to im- eral agency that makes direct loans secured ø‘‘(2) the name and telephone number of pose passenger facility fees. An eligible agen- by improved real estate or a mobile home, to the airport where the purchaser may obtain cy may impose a passenger facility fee at a the extent such agency acts in such capac- more information on the aircraft noise expo- non-hub airport (as defined in section 47102 ity. sure.’’. of this title) that it controls for use on eligi- ø‘‘(6) ‘residential real estate’ means real øSEC. 212. PROHIBITION ON REQUIRING AIR- ble airport-related projects at that airport, estate upon which a residential dwelling is PORTS TO PROVIDE RENT-FREE in accordance with the provisions of this located. SPACE FOR FAA OR TSA. subsection. These procedures shall be in lieu ø‘‘(7) ‘noise exposure map’ means a noise ø(a) IN GENERAL.—Chapter 401 is amended of the procedures otherwise specified in this exposure map that complies with section by adding at the end the following: section. 47503 of this title and part 150 of title 14, ø‘‘§ 40129. Prohibition on rent-free space re- ø‘‘(2) The eligible agency must provide rea- Code of Federal Regulations. quirements for FAA or TSA sonable notice and an opportunity for con- ø‘‘(8) ‘regulated lending institution’ means ø‘‘(a) IN GENERAL.—Neither the Secretary sultation to air carriers and foreign air car- any bank, savings and loan association, cred- of Transportation nor the Secretary of riers in accordance with subsection (c)(2), it union, farm credit bank, Federal land Homeland Security may require airport and must provide reasonable notice and op- bank association, production credit associa- sponsors to provide building construction, portunity for public comment in accordance tion, or similar institution subject to the su- maintenance, utilities and expenses, or space with subsection (c)(3). pervision of a Federal entity for lending reg- in airport sponsor-owned buildings to the ø‘‘(3) The eligible agency must submit to ulation.’’. Federal Aviation Administration or the the Secretary a notice of intention to impose ø(b) NOISE EXPOSURE MAPS.—Section Transportation Security Administration a passenger facility fee, which notice shall 47503(b) is amended to read as follows: without cost for services relating to air traf- include— ø‘‘(b) REVISED MAPS.—If, in an area sur- fic control, air navigation, aviation security, ø‘‘(A) information that the Secretary may rounding an airport, a change in the oper- or weather reporting. require by regulation on each project for ation of the airport would establish a sub- ø‘‘(b) NEGOTIATED AGREEMENTS.—Sub- which authority to impose a passenger facil- stantial new noncompatible use, or would section (a) does not prohibit— ity charge is sought; significantly reduce noise over existing non- ø‘‘(1) the negotiation of agreements be- ø‘‘(B) the amount of revenue from pas- compatible uses, beyond the forecast year, tween either Secretary and an airport spon- senger facility charges that is proposed to be the airport operator shall submit a revised sor to provide building construction, mainte- collected for each project; and noise exposure map to the Secretary showing nance, utilities and expenses, or space in air- ø‘‘(C) the level of the passenger facility the new noncompatible use or noise reduc- port sponsor-owned buildings to the Federal charge that is proposed. tion.’’. Aviation Administration or the Transpor- ø‘‘(4) The Secretary shall acknowledge re- ø(c) NOTIFICATION OF NOISE EXPOSURE.— tation Security Administration without cost ceipt of the notice and indicate any objec- Chapter 457 is amended by adding at the end or at below-market rates; or tion to the imposition of a passenger facility the following: ø‘‘(2) either Secretary from requiring air- fee for any project identified in the notice ø‘‘§ 47511. Notification of noise exposure port sponsors to provide land without cost to within 30 days after receipt of the eligible ø‘‘(a) NOISE EXPOSURE MAP.—An airport the Federal Aviation Administration for air agency’s notice. operator shall make available to lending in- traffic control facilities or space without ø‘‘(5) Unless the Secretary objects within stitutions, upon request, the most recent cost to the Transportation Security Admin- 30 days after receipt of the eligible agency’s noise exposure map submitted under section istration for necessary security check- notice, the eligible agency is authorized to 47503 of this title. points.’’. ø impose a passenger facility fee in accordance ø‘‘(b) LIST OF AIRPORTS.—The Secretary (b) CONFORMING AMENDMENT.—The chap- with the terms of its notice. shall maintain a list of airports for which ter analysis for chapter 401 is amended by ø‘‘(6) Not later than 180 days after the date the airport operators have submitted a noise adding at the end the following: of enactment of this subsection, the Sec- exposure map under section 47503 of this ø‘‘40129. Prohibition on rent-free space retary shall propose such regulations as may title. requirements for FAA or be necessary to carry out this subsection. ø‘‘(c) REGULATED LENDING INSTITUTIONS.— TSA.’’. ø ‘‘(7) The authority granted under this sub- Each Federal entity for lending regulation øSEC. 213. SPECIAL RULES FOR FISCAL YEAR section shall expire three years after the (after consultation and coordination with 2004. issuance of the regulation required by para- the Federal Financial Institutions Examina- ø(a) APPORTIONMENT TO CERTAIN AIRPORTS graph (6). tion Council) shall direct by regulation that WITH DECLINING BOARDINGS.— ø ‘‘(8) An acknowledgement issued under a regulated lending institution may not ø(1) IN GENERAL.—For fiscal year 2004, the paragraph (4) shall not be considered an make, increase, extend or renew any loan se- Secretary of Transportation may apportion order of the Secretary issued under section cured by residential real estate or a mobile funds under section 47114 of title 49, United 46110 of this title.’’. home that is located or to be located in the States Code, to the sponsor of an airport de- øSEC. 210. QUARTERLY STATUS REPORTS. vicinity of an airport on the Secretary’s list scribed in paragraph (2) in an amount equal øBeginning with the second calendar quar- described in subsection (b), unless the loan to the amount apportioned to that airport ter ending after the date of enactment of applicant’s purchase agreement for the resi- under that section for fiscal year 2002, not- this Act, the Secretary of Transportation dential real estate or mobile home provides withstanding any provision of section 47114 shall provide quarterly status reports to the notice to the purchaser (or satisfactory as- to the contrary. Senate Committee on Commerce, Science, surances are provided that the seller has pro- ø(2) AIRPORTS TO WHICH PARAGRAPH (1) AP- and Transportation and the House of Rep- vided written notice to the purchaser prior PLIES.—Paragraph (1) applies to any airport resentatives Committee on Transportation to the purchaser’s signing of the purchase determined by the Secretary to have had— and Infrastructure on the status of construc- agreement) that the property is within the ø(A) less than one-half of 1 percent of the tion of each major runway project under- area of the noise contours on a noise expo- total United States passenger boardings (as taken at the largest 40 commercial airports sure map submitted under section 47503 of defined in section 47102(10) of title 49, United in terms of annual enplanements. this chapter. The notice to the purchaser States Code) for the calendar year used for

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7763 determining apportionments under section ø‘‘(B) participation under paragraph (5) by ø(2) the effects of the pricing of gates and 47114 for fiscal year 2004; representatives of the Department of Trans- other facilities on competition and access. ø(B) less than 10,000 passenger boardings in portation in any meetings or discussions ø(b) REPORT.—The Secretary shall trans- calendar year 2002; and held pursuant to such an order; and mit a report of the Secretary’s findings and ø(C) 10,000 or more passenger boardings in ø‘‘(C) the determination by the Federal conclusions together with any recommenda- calendar year 2000. Aviation Administration about the impact of tions, including legislative recommenda- ø(b) TEMPORARY INCREASE IN GOVERNMENT inclement weather. tions, the Secretary may have for improving SHARE OF AIP PROJECT COSTS AT CERTAIN ø‘‘(4) COPY OF PARTICIPATION REQUEST FILED competition and airline access at such air- AIRPORTS.—Notwithstanding section WITH SECRETARY.—Before an air carrier may ports to the Senate Committee on Com- 47109(a)(3) of title 49, United States Code, the request an order under paragraph (1), it shall merce, Science, and Transportation and the Government’s share of allowable project file a request with the Secretary, in such House of Representatives Committee on costs for a grant made in fiscal year 2004 form and manner as the Secretary may pre- Transportation and Infrastructure within 6 under chapter 471 of that title to an airport scribe, to participate in the program estab- months after the date of enactment of this described in that section shall be 95 percent. lished under paragraph (1). Act. øTITLE III—AIRLINE SERVICE ø‘‘(5) DOT PARTICIPATION.—The Secretary øSEC. 305. COMPETITION DISCLOSURE REQUIRE- DEVELOPMENT shall ensure that the Department is rep- MENT FOR LARGE AND MEDIUM HUB øSEC. 301. DELAY REDUCTION MEETINGS. resented at any meetings authorized under AIRPORTS. ø(a) IN GENERAL.—Subchapter I of chapter this subsection. øSection 47107 is amended by adding at the 417 is amended by adding at the end the fol- ø‘‘(c) EXEMPTION AUTHORIZED.—When the end the following: lowing new section: Secretary finds that it is required by the ø‘‘(q) COMPETITION DISCLOSURE REQUIRE- MENT.— ø‘‘§ 41723. Delay reduction actions public interest, the Secretary, as part of an order issued under subsection (b)(1), shall ex- ø‘‘(1) IN GENERAL.—The Secretary of Trans- ø‘‘(a) DELAY REDUCTION MEETINGS.— empt a person affected by the order from the portation may approve an application under ø‘‘(1) SCHEDULING REDUCTION MEETINGS.— this subchapter for an airport development The Secretary of Transportation may re- antitrust laws to the extent necessary to project grant for a hub airport or a medium quest that air carriers meet with the Admin- allow the person to proceed with the activi- hub airport only if the Secretary receives as- istrator of the Federal Aviation Administra- ties approved in the order. ø surances that the airport sponsor will pro- tion to discuss flight reductions at severely ‘‘(d) ANTITRUST LAWS DEFINED.—In this vide the information required by paragraph congested airports to reduce overscheduling section, the term ‘antitrust laws’ has the (2) at such time and in such form as the Sec- and flight delays during hours of peak oper- meaning given that term in the first section retary may require. ation if— of the Clayton Act (15 U.S.C. 12). ø‘‘(e) SUNSET.—The authority of the Sec- ø‘‘(2) COMPETITIVE ACCESS.—If an airport ø‘‘(A) the Administrator of the Federal retary to issue an order under subsection denies an application by an air carrier to re- Aviation Administration determines that it (b)(1) of this section expires at the end of the ceive access to gates or other facilities at is necessary to convene such a meeting; and 2-year period that begins 45 days after the that airport in order to provide service to ø‘‘(B) the Secretary determines that the date of enactment of the Aviation Invest- the airport or to expand service at the air- meeting is necessary to meet a serious trans- ment and Revitalization Vision Act. The port, then, within 30 days after denying the portation need or achieve an important pub- Secretary may extend the 2-year Period for request, the airport sponsor shall— lic benefit. an additional 2 years if the Secretary deter- ø‘‘(A) notify the Secretary of the denial; ø EETING CONDITIONS.—Any meeting ‘‘(2) M and under paragraph (1)— mines that such an extension is necessary ø‘‘(B) transmit a report to the Secretary ø‘‘(A) shall be chaired by the Adminis- and in the public interest. The Secretary that— trator; shall notify the Senate Committee on Com- ø‘‘(i) describes the request; ø‘‘(B) shall be open to all scheduled air car- merce, Science, and Transportation, and to ø‘‘(ii) explains the reasons for the denial; riers; and the House of Representatives Committee on and ø‘‘(C) shall be limited to discussions in- Transportation and Infrastructure of any ø‘‘(iii) provides a time frame within which, volving the airports and time periods de- such extension.’’. ø(b) CONFORMING AMENDMENT.—The chap- if any, the airport will be able to accommo- scribed in the Administrator’s determina- ter analysis for chapter 417 is amended by in- date the request. tion. serting after the item relating to section ø‘‘(3) DEFINITIONS.—In this subsection: ø‘‘(3) FLIGHT REDUCTION TARGETS.—Before 41722 the following new item: ø‘‘(A) HUB AIRPORT.—The term ‘hub air- any such meeting is held, the Administrator ø‘‘41723. Delay reduction actions.’’. port’ has the meaning given that term by shall establish flight reduction targets for section 41731(a)(3). the meeting and notify the attending air car- øSEC. 302. REAUTHORIZATION OF ESSENTIAL AIR ø‘‘(B) MEDIUM HUB AIRPORT.—The term ‘me- riers of those targets not less than 48 hours SERVICE PROGRAM. øThere are authorized to be appropriated dium hub airport’ has the meaning given before the meeting. that term by section 41714(h)(9).’’. ø‘‘(4) DELAY REDUCTION OFFERS.—An air to the Secretary of Transportation to carry ø carrier attending the meeting shall make out the essential air service program under TITLE IV—AVIATION SECURITY any delay reduction offer to the Adminis- subchapter II of chapter 417 of title 49, øSEC. 401. STUDY OF EFFECTIVENESS OF TRANS- trator rather than to another carrier. United States Code, $113,000,000 for each of PORTATION SECURITY SYSTEM. ø‘‘(5) TRANSCRIPT.—The Administrator the fiscal years 2004, 2005, and 2006. ø(a) IN GENERAL.—The Secretary of Home- shall ensure that a transcript of the meeting øSEC. 303. SMALL COMMUNITY AIR SERVICE DE- land Security shall study the effectiveness of is kept and made available to the public not VELOPMENT PILOT PROGRAM. the aviation security system, including the later than 3 business days after the conclu- ø(a) 3-YEAR EXTENSION.—Section 41743(e)(2) air marshal program, hardening of cockpit sion of the meeting. of title 49, United States Code, is amended— doors, and security screening of passengers, ø‘‘(b) STORMY WEATHER AGREEMENTS LIM- ø(1) by striking ‘‘There is’’ and inserting checked baggage, and cargo. ITED EXEMPTION.— ‘‘There are’’; ø(b) REPORT.—The Secretary shall trans- ø‘‘(1) IN GENERAL.—The Secretary may es- ø(2) by striking ‘‘2001 and’’ and inserting mit a report of the Secretary’s findings and tablish a program to authorize by order dis- ‘‘2001,’’; and conclusions together with any recommenda- cussions and agreements between 2 or more ø(3) by striking ‘‘2003’’ and inserting ‘‘2003, tions, including legislative recommenda- air carriers for the purpose of reducing flight and $27,500,000 for the 3 fiscal year period be- tions, the Secretary may have for improving delays during periods of inclement weather. ginning with fiscal year 2004.’’. the effectiveness of aviation security to the ø‘‘(2) REQUIREMENTS.—An authorization ø(b) ADDITIONAL COMMUNITIES.—Section Senate Committee on Commerce, Science, issued under paragraph (1)— 41743(c)(4) of such title is amended by strik- and Transportation and the House of Rep- ø‘‘(A) may only be issued by the Secretary ing ‘‘program.’’ and inserting‘‘program each resentatives Committee on Transportation after a determination by the Federal Avia- year. No community, consortia of commu- and Infrastructure within 6 months after the tion Administration that inclement weather nities, or combination thereof may partici- date of enactment of this Act. In the report is likely to adversely and directly affect ca- pate in the program twice.’’. the Secretary shall also describe any rede- pacity at an airport for a period of at least øSEC. 304. DOT STUDY OF COMPETITION AND AC- ployment of Transportation Security Admin- 3 hours; CESS PROBLEMS AT LARGE AND ME- istration resources based on those findings ø‘‘(B) shall apply only to discussions and DIUM HUB AIRPORTS. and conclusions. The Secretary may submit agreements concerning flights directly af- ø(a) IN GENERAL.—The Secretary of Trans- the report to the Committees in classified fected by the inclement weather; and portation shall study competition and air- and redacted form. ø‘‘(C) shall remain in effect for a period of line access problems at hub airports (as de- øSEC. 402. AVIATION SECURITY CAPITAL FUND. 24 hours. fined in section 41731(a)(3)) of title 49, United ø(a) IN GENERAL.—There is established ø‘‘(3) PROCEDURE.—The Secretary shall es- States Code, and medium hub airports (as de- within the Department of Transportation a tablish procedures within 30 days after such fined in section 41714(h)(9) of that title). In fund to be known as the Aviation Security date of enactment for— the study, the Secretary shall examine, Capital Fund. There are appropriated to the ø‘‘(A) filing requests for an authorization among other matters— Fund to $500,000,000 for each of the fiscal under paragraph (1); ø(1) gate usage and availability; and years 2004 through 2007, such amounts to be

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7764 CONGRESSIONAL RECORD — SENATE June 12, 2003

derived from fees received under section ø(c) EXTENSION OF AUTHORITY.—Section ø(1) by striking ‘‘or’’ after the semicolon in 44940 of title 49, United States Code. 44310 is amended by striking ‘‘2003.’’ and in- subparagraph (A); Amounts in the fund shall be allocated in serting ‘‘2006.’’. ø(2) by redesignating subparagraph (B) as such a manner that— øSEC. 502. COST-SHARING OF AIR TRAFFIC MOD- subparagraph (D); ø(1) 40 percent shall be made available for ERNIZATION PROJECTS. ø(3) by inserting after subparagraph (A) the hub airports; ø(a) IN GENERAL.—Chapter 445 is amended following: ø(2) 20 percent shall be made available for by adding at the end the following: ø‘‘(B) who knowingly, and with intent to medium hub airports; ø‘‘§ 44517. Program to permit cost-sharing of defraud, carried out or facilitated an activ- ø(3) 15 percent shall be made available for air traffic modernization projects ity punishable under a law described in sub- small hub airports and non-hub airports; and ø‘‘(a) IN GENERAL.—Subject to the require- paragraph (A); ø(4) 25 percent may be distributed at the ments of this section, the Secretary may ø‘‘(C) whose certificate is revoked under Secretary’s discretion. carry out a program under which the Sec- subsection (b) of this section; or’’; and ø(b) PURPOSE.—Amounts in the Fund shall retary may make grants to project sponsors ø(4) by striking ‘‘convicted of such a viola- be available to the Secretary of Transpor- for not more than 10 eligible projects per fis- tion.’’ in subparagraph (D), as redesignated, tation, after consultation with the Under cal year for the purpose of improving avia- and inserting ‘‘described in subparagraph Secretary of Homeland Security for Border tion safety and enhancing mobility of the (A), (B) or (C).’’. and Transportation Security to provide fi- Nation’s air transportation system by en- øSEC. 504. CLARIFICATIONS TO PROCUREMENT nancial assistance to airport sponsors to de- couraging non-Federal investment in critical AUTHORITY. fray capital investment in transportation se- air traffic control facilities and equipment. ø(a) UPDATE AND CLARIFICATION OF AUTHOR- curity at airport facilities in accordance ø ‘‘(b) FEDERAL SHARE.—The Federal share ITY.— with the provisions of this section. The pro- of the cost of an eligible project carried out ø(1) Section 40110(c) is amended to read as gram shall be administered in concert with under the program shall not exceed 33 per- follows: the airport improvement program under cent. The non-Federal share of the cost of an ø‘‘(c) DUTIES AND POWERS.—When carrying chapter 417 of title 49, United States Code. eligible project shall be provided from non- out subsection (a) of this section, the Admin- ø(c) APPORTIONMENT.—Amounts made Federal sources, including revenues collected available under subsection (a)(1), (a)(2), or istrator of the Federal Aviation Administra- pursuant to section 40117 of this title. tion may— (a)(3) shall be apportioned among the air- ø‘‘(c) LIMITATION ON GRANT AMOUNTS.—No ø‘‘(1) notwithstanding section 1341(a)(1) of ports in each category in accordance with a eligible project may receive more than title 31, lease an interest in property for not formula based on the ratio that passenger $5,000,000 in Federal funds under the pro- emplanements at each airport in the cat- gram. more than 20 years; ø egory bears to the total passenger ø‘‘(d) FUNDING.—The Secretary shall use ‘‘(2) consider the reasonable probable fu- emplanements at all airports in the that cat- amounts appropriated under section 48101(a) ture use of the underlying land in making an egory. of this title to carry out this program. award for a condemnation of an interest in ø(d) MATCHING REQUIREMENTS.— ø‘‘(e) DEFINITIONS.—In this section: airspace; and ø(1) IN GENERAL.—Not less than the fol- ø‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible ø‘‘(3) dispose of property under subsection lowing percentage of the costs of any project project’ means a project relating to the Na- (a)(2) of this section, except for airport and funded under this section shall be derived tion’s air traffic control system that is cer- airway property and technical equipment from non-Federal sources: tified or approved by the Administrator and used for the special purposes of the Adminis- ø(A) For hub airports and medium hub air- that promotes safety, efficiency, or mobility. tration, only under sections 121, 123, and 126 ports, 25 percent. Such projects may include— and chapter 5 of title 40.’’. ø(B) For airports other than hub airports ø‘‘(A) airport-specific air traffic facilities ø(2) Section 40110(d)(1) is amended by strik- and medium hub airports, 10 percent. and equipment, including local area aug- ing ‘‘implement, not later than January 1, ø(2) USE OF BOND PROCEEDS.—In deter- mentation systems, instrument landing sys- 1996,’’ and inserting ‘‘implement’’. mining the amount of non-Federal sources of tems, weather and wind shear detection ø(b) CLARIFICATION.—Section 106(f)(2)(A)(ii) funds, the proceeds of State and local bond equipment, lighting improvements, and con- is amended by striking ‘‘property’’ and in- issues shall not be considered to be derived, trol towers; serting ‘‘property, services,’’.¿ directly or indirectly, from Federal sources ø‘‘(B) automation tools to effect improve- SECTION 1. SHORT TITLE; AMENDMENT OF TITLE without regard to the Federal income tax ments in airport capacity, including passive 49. treatment of interest and principal of such final approach spacing tools and traffic man- (a) SHORT TITLE.—This Act may be cited as bonds. agement advisory equipment; and the ‘‘Aviation Investment and Revitalization Vi- ø(e) LETTERS OF INTENT.—The Secretary of ø‘‘(C) facilities and equipment that en- sion Act’’. Transportation, or his delegate, may execute hance airspace control procedures, including (b) AMENDMENT OF TITLE 49.—Except as oth- letters of intent to commit funding to air- consolidation of terminal radar control fa- erwise expressly provided, whenever in this Act port sponsors from the Fund. cilities and equipment, or assist in en route an amendment or repeal is expressed in terms of ø(f) CONFORMING AMENDMENT.—Section surveillance, including oceanic and offshore an amendment to, or a repeal of, a section or 44940(a)(1) of title 49, United States Code, is flight tracking. other provision, the reference shall be consid- amended by adding at the end the following: ø‘‘(2) PROJECT SPONSOR.—The term ‘project ered to be made to a section or other provision ø‘‘(H) The costs of security-related capital sponsor’ means any major user of the Na- of title 49, United States Code. improvements at airports.’’. tional Airspace System, as determined by SEC. 2. TABLE OF CONTENTS. ø(g) DEFINITIONS.—Any term used in this the Secretary, including a public-use airport The table of contents for this Act is as follows: section that is defined or used in chapter 417 or a joint venture between a public-use air- of title 49 United States Code has the mean- port and one or more air carriers. Sec. 1. Short title; amendment of title 49. ing given that term in that chapter. ø‘‘(f) TRANSFERS OF EQUIPMENT.—Notwith- Sec. 2. Table of contents. øSEC. 403. TECHNICAL AMENDMENTS RELATED standing any other provision of law, and TITLE I—REAUTHORIZATIONS; FAA TO SECURITY-RELATED AIRPORT upon agreement by the Administrator of the MANAGEMENT DEVELOPMENT. Federal Aviation Administration, project Sec. 101. Airport improvement program. ø(a) DEFINITION OF AIRPORT DEVELOP- sponsors may transfer, without consider- Sec. 102. Airway facilities improvement pro- MENT.—Section 47102(3)(B) is amended— ation, to the Federal Aviation Administra- gram. ø(1) by inserting ‘‘and’’ after the semicolon tion, facilities, equipment, or automation Sec. 103. FAA operations. in clause (viii); tools, the purchase of which was assisted by Sec. 104. Research, engineering, and develop- ø(2) by striking ‘‘circular; and’’ in clause a grant made under this section, if such fa- ment. (ix) and inserting ‘‘circular.’’; and cilities, equipment or tools meet Federal ø Sec. 105. Other programs. (3) by striking clause (x). Aviation Administration operation and Sec. 106. Reorganization of the Air Traffic Serv- ø(b) IMPROVEMENT OF FACILITIES AND maintenance criteria. ices Subcommittee. EQUIPMENT.—Section 301(a) of the Federal ø‘‘(g) GUIDELINES.—The Administrator Aviation Reauthorization Act of 1996 (49 Sec. 107. Clarification of responsibilities of chief shall issue advisory guidelines on the imple- operating officer. U.S.C. 44901 note) is amended by striking mentation of the program, which shall not ‘‘travel.’’ and inserting ‘‘travel if the im- be subject to administrative rulemaking re- TITLE II—AIRPORT DEVELOPMENT provements or equipment will be owned and quirements under subchapter II of chapter 5 Sec. 201. National capacity projects. operated by the airport.’’. of title 5.’’. Sec. 202. Categorical exclusions. øTITLE V—MISCELLANEOUS ø(b) CONFORMING AMENDMENT.—The chap- Sec. 203. Alternatives analysis. øSEC. 501. EXTENSION OF WAR RISK INSURANCE ter analyses for chapter 445 is amended by Sec. 204. Increase in apportionment for, and AUTHORITY. adding at the end the following: flexibility of, noise compatibility ø(a) EXTENSION OF POLICIES.—Section ø‘‘44517. Program to permit cost-sharing planning programs. 44302(f)(1) is amended by striking ‘‘2003,’’ of air traffic modernization Sec. 205. Secretary of Transportation to iden- each place it appears and inserting ‘‘2006,’’. projects.’’. tify airport congestion-relief ø(b) EXTENSION OF LIABILITY LIMITATION.— øSEC. 503. COUNTERFEIT OR FRAUDULENTLY projects and forecast airport oper- Section 44303(b) is amended by striking REPRESENTED PARTS VIOLATIONS. ations annually. ‘‘2003,’’ and inserting ‘‘2006,’’. øSection 44726(a)(1) is amended — Sec. 206. Design-build contracting.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 6343 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7765 Sec. 207. Special rule for airport in Illinois. Subtitle B—Technical Programs (2) by striking ‘‘2003.’’ in subparagraph (D) Sec. 208. Elimination of duplicative require- Sec. 641. Aerospace and Aviation Safety work- and inserting ‘‘2003;’’; and ments. force initiative. (3) by adding at the end the following: Sec. 209. Streamlining the passenger facility fee Sec. 642. Scholarships for service. ‘‘(E) $7,591,000,000 for fiscal year 2004; program. ‘‘(F) $7,732,000,000 for fiscal year 2005; and Subtitle C—FAA Research, Engineering, and Sec. 210. Quarterly status reports. ‘‘(G) $7,889,000,000 for fiscal year 2006.’’. Development Sec. 211. Noise disclosure requirements. (b) ANNUAL REPORT.—Beginning with the sub- Sec. 212. Prohibition on requiring airports to Sec. 661. Research program to improve airfield mission of the Budget of the United States to the provide rent-free space for FAA or pavements. Congress for fiscal year 2004, the Administrator TSA. Sec. 662. Ensuring appropriate standards for of the Federal Aviation Administration shall Sec. 213. Special rules for fiscal year 2004. airfield pavements. transmit a report to the Senate Committee on Sec. 214. Agreements for operation of airport fa- Sec. 663. Assessment of wake turbulence re- Commerce, Science, and Transportation and the cilities. search and development program. House of Representatives Committee on Trans- Sec. 215. Public agencies. Sec. 664. Cabin air quality research program. portation and Infrastructure that describes the Sec. 216. Flexible funding for nonprimary air- Sec. 665. International role of the FAA. overall air traffic controller staffing plan, in- port apportionments. Sec. 666. FAA report on other nations’ safety cluding strategies to address anticipated retire- and technological advancements. ment and replacement of air traffic controllers. TITLE III—AIRLINE SERVICE Sec. 667. Development of analytical tools and DEVELOPMENT SEC. 104. RESEARCH, ENGINEERING, AND DEVEL- certification methods. OPMENT. Subtitle A—Program Enhancements Sec. 668. Pilot program to provide incentives for (a) AMOUNTS AUTHORIZED.—Section 48102(a) Sec. 301. Delay reduction meetings. development of new technologies. is amended— Sec. 302. Small community air service develop- Sec. 669. FAA center for excellence for applied (1) by striking ‘‘and’’ at the end of paragraph ment pilot program. research and training in the use (7); Sec. 303. DOT study of competition and access of advanced materials in trans- (2) by striking the period at the end of para- problems at large and medium hub port aircraft. graph (8) and inserting a semicolon; and airports. Sec. 670. FAA certification of design organiza- (3) by adding at the end the following: Sec. 304. Competition disclosure requirement for tions. ‘‘(9) for fiscal year 2004, $289,000,000, includ- large and medium hub airports. Sec. 671. Report on long term environmental im- ing— Subtitle B—Small Community and Rural Air provements. ‘‘(A) $200,000,000 to improve aviation safety, Service Revitalization TITLE I—REAUTHORIZATIONS; FAA including icing, crashworthiness, and aging air- MANAGEMENT craft; Sec. 351. Reauthorization of essential air serv- ‘‘(B) $18,000,000 to improve the efficiency of SEC. 101. AIRPORT IMPROVEMENT PROGRAM. ice program. the air traffic control system; (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- Sec. 352. Incentive program. ‘‘(C) $27,000,000 to reduce the environmental tion 48103 is amended— Sec. 353. Pilot programs. impact of aviation; Sec. 354. EAS program authority changes. (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(D) $16,000,000 to improve the efficiency of TITLE IV—AVIATION SECURITY ‘‘The’’; mission support; and (2) by striking ‘‘and’’ in paragraph (4); ‘‘(E) $28,000,000 to improve the durability and Sec. 401. Study of effectiveness of transpor- (3) by striking ‘‘2003.’’ in paragraph (5) and tation security system. maintainability of advanced material structures inserting ‘‘2003;’’; in transport airframe structures; Sec. 402. Aviation security capital fund. (4) by inserting after paragraph (5) the fol- Sec. 403. Technical amendments related to secu- ‘‘(10) for fiscal year 2005, $304,000,000, includ- lowing: ing— rity-related airport development. ‘‘(6) $3,400,000,000 for fiscal year 2004; Sec. 404. Armed forces charters. ‘‘(A) $211,000,000 to improve aviation safety; ‘‘(7) $3,500,000,000 for fiscal year 2005; and ‘‘(B) $19,000,000 to improve the efficiency of TITLE V—MISCELLANEOUS ‘‘(8) $3,600,000,000 for fiscal year 2006.’’; and the air traffic control system; Sec. 501. Extension of war risk insurance au- (5) by adding at the end the following: ‘‘(C) $28,000,000 to reduce the environmental thority. ‘‘(b) ADMINISTRATIVE EXPENSES.—From the impact of aviation; Sec. 502. Cost-sharing of air traffic moderniza- amounts authorized by paragraphs (6) through ‘‘(D) $17,000,000 to improve the efficiency of tion projects. (8) of subsection (a), there shall be available for mission support; and Sec. 503. Counterfeit or fraudulently rep- administrative expenses relating to the airport ‘‘(E) $29,000,000 to improve the durability and resented parts violations. improvement program, passenger facility fee ap- maintainability of advanced material structures Sec. 504. Clarifications to procurement author- proval and oversight, national airport system in transport airframe structures; and ity. planning, airport standards development and ‘‘(11) for fiscal year 2006, $317,000,000, includ- Sec. 505. Judicial review. enforcement, airport certification, airport-re- ing— Sec. 506. Civil penalties. lated environmental activities (including legal ‘‘(A) $220,000,000 to improve aviation safety; Sec. 507. Miscellaneous amendments. service), to remain available until expended— ‘‘(B) $20,000,000 to improve the efficiency of Sec. 508. Low-emission airport vehicles and in- ‘‘(1) for fiscal year 2004, $69,737,000; the air traffic control system; frastructure. ‘‘(2) for fiscal year 2005, $71,816,000; and ‘‘(C) $29,000,000 to reduce the environmental Sec. 509. Low-emission airport vehicles and ‘‘(3) for fiscal year 2006, $74,048,000.’’. impact of aviation; ground support equipment. (b) OBLIGATIONAL AUTHORITY.—Section ‘‘(D) $18,000,000 to improve the efficiency of Sec. 510. Pacific emergency diversion airport. 47104(c) is amended by striking ‘‘2003,’’ and in- mission support; and Sec. 511. Gulf of Mexico aviation service im- serting ‘‘2006,’’. ‘‘(E) $30,000,000 to improve the durability and provements. SEC. 102. AIRWAY FACILITIES IMPROVEMENT maintainability of advanced material structures Sec. 512. Air traffic control collegiate training PROGRAM. in transport airframe structures.’’. initiative. (a) IN GENERAL.—Section 48101(a) is amended SEC. 105. OTHER PROGRAMS. Sec. 513. Increase in certain slots. by adding at the end the following: Section 106 of the Wendell H. Ford Aviation Sec. 514. Air transportation oversight system ‘‘(6) $2,916,000,000 for fiscal year 2004. Investment and Reform Act for the 21st Century plan. ‘‘(7) $2,971,000,000 for fiscal year 2005. is amended— Sec. 515. National small community air service ‘‘(8) $3,030,000,000 for fiscal year 2006.’’. (1) by striking ‘‘2003’’ in subsection (a)(1)(A) development ombudsman. (b) BIANNUAL REPORTS.—Beginning 180 days and subsection (c)(2) and inserting ‘‘2006’’; and Sec. 516. National commission on small commu- after the date of enactment of Act, the Adminis- (2) by striking ‘‘2003,’’ in subsection (a)(2) and nity air service. trator of the Federal Aviation Administration inserting ‘‘2006,’’. shall transmit a report to the Senate Committee Sec. 517. Training certification for cabin crew. SEC. 106. REORGANIZATION OF THE AIR TRAFFIC Sec. 518. Aircraft manufacturer insurance. on Commerce, Science, and Transportation and SERVICES SUBCOMMITTEE. Sec. 519. Ground-based precision navigational the House of Representatives Committee on (a) IN GENERAL.—Section 106 is amended— aids. Transportation and Infrastructure every 6 (1) by redesignating subsections (q) and (r) as Sec. 520. Standby power efficiency program. months that describes— subsections (r) and (s), respectively; and (1) the 10 largest programs funded under sec- TITLE VI—SECOND CENTURY OF FLIGHT (2) by inserting after subsection (p) the fol- tion 48101(a) of title 49, United States Code; Sec. 601. Findings. lowing: (2) any changes in the budget for such pro- ‘‘(q) AIR TRAFFIC MANAGEMENT COMMITTEE.— Subtitle A—The Office of Aerospace and grams; ‘‘(1) ESTABLISHMENT.—The Secretary of Aviation Liaison (3) the program schedule; and Transportation shall establish an advisory com- Sec. 621. Office of Aerospace and Aviation Liai- (4) technical risks associated with the pro- mittee which shall be known as the Air Traffic son. grams. Services Committee (in this subsection referred Sec. 622. National Air Traffic Management Sys- SEC. 103. FAA OPERATIONS. to as the ‘Committee’). tem Development Office. (a) IN GENERAL.—Section 106(k)(1) is amend- ‘‘(2) MEMBERSHIP.— Sec. 623. Report on certain market develop- ed— ‘‘(A) COMPOSITION AND APPOINTMENT.—The ments and government policies. (1) by striking ‘‘and’’ in subparagraph (C); Committee shall be composed of—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7766 CONGRESSIONAL RECORD — SENATE June 12, 2003 ‘‘(i) the Administrator of the Federal Aviation Committee; except that subsections (c)(2)(B) and the budget request referred to in paragraph Administration, who shall serve as chair; and (f) of section 207 of such title shall not apply. (4)(E)(ii) for any fiscal year to the President ‘‘(ii) 4 members, to be appointed by the Sec- ‘‘(G) TERMS FOR AIR TRAFFIC SERVICES COM- who shall transmit such request, without revi- retary, after consultation with the Committee on MITTEE MEMBERS.—A member appointed under sion, to the Committees on Transportation and Transportation and Infrastructure of the House subparagraph (A)(ii) shall be appointed for a Infrastructure and Appropriations of the House of Representatives, and the Committee on Com- term of 5 years. of Representatives and the Committees on Com- merce, Science, and Transportation of the Sen- ‘‘(H) REAPPOINTMENT.—An individual may merce, Science, and Transportation and Appro- ate. not be appointed under subparagraph (A)(ii) to priations of the Senate, together with the Presi- ‘‘(B) NO FEDERAL OFFICER OR EMPLOYEE.—No more than two 5-year terms. dent’s annual budget request for the Federal member appointed under subparagraph (A)(ii) ‘‘(I) VACANCY.—Any vacancy on the Com- Aviation Administration for such fiscal year. may serve as an officer or employee of the mittee shall be filled in the same manner as the ‘‘(6) COMMITTEE PERSONNEL MATTERS.— United States Government while serving as a original appointment. Any member appointed to ‘‘(A) COMPENSATION OF MEMBERS.—Each member of the Committee. fill a vacancy occurring before the expiration of member of the Committee, other than the chair ‘‘(C) ELIGIBILITY.—Members appointed under the term for which the member’s predecessor was and vice chair, shall be compensated at a rate of subparagraph (A)(ii) shall— appointed shall be appointed for the remainder $25,000 per year. ‘‘(i) have a fiduciary responsibility to rep- of that term. ‘‘(B) STAFF.—The chairperson of the Com- resent the public interest; ‘‘(J) CONTINUATION IN OFFICE.—A member mittee may appoint and terminate any per- ‘‘(ii) be citizens of the United States; and whose term expires shall continue to serve until sonnel that may be necessary to enable the Com- ‘‘(iii) be appointed without regard to political the date on which the member’s successor takes mittee to perform its duties. affiliation and solely on the basis of their pro- office. ‘‘(C) PROCUREMENT OF TEMPORARY AND INTER- fessional experience and expertise in one or ‘‘(K) REMOVAL.—Any member appointed MITTENT SERVICES.—The chairperson of the more of the following areas: under subparagraph (A)(ii) may be removed for Committee may procure temporary and intermit- ‘‘(I) Management of large service organiza- cause by the Secretary. tent services under section 3109(b) of title 5, tions. ‘‘(3) GENERAL RESPONSIBILITIES.— United States Code. ‘‘(II) Customer service. ‘‘(A) OVERSIGHT.—The Committee shall over- ‘‘(7) ADMINISTRATIVE MATTERS.— ‘‘(III) Management of large procurements. see the administration, management, conduct, ‘‘(A) POWERS OF CHAIR.—Except as otherwise ‘‘(IV) Information and communications tech- direction, and supervision of the air traffic con- provided by a majority vote of the Committee, nology. trol system. the powers of the chairperson shall include— ‘‘(B) CONFIDENTIALITY.—The Committee shall ‘‘(V) Organizational development. ‘‘(i) establishing subcommittees; ensure that appropriate confidentiality is main- ‘‘(ii) setting meeting places and times; ‘‘(VI) Labor relations. tained in the exercise of its duties. ‘‘(iii) establishing meeting agendas; and At least one of such members should have a ‘‘(4) SPECIFIC RESPONSIBILITIES.—The Com- ‘‘(iv) developing rules for the conduct of busi- background in managing large organizations mittee shall have the following specific respon- ness. successfully. In the aggregate, such members sibilities: ‘‘(B) MEETINGS.—The Committee shall meet at should collectively bring to bear expertise in all ‘‘(A) STRATEGIC PLANS.—To review, approve, least quarterly and at such other times as the of the areas described in subclauses (I) through and monitor the strategic plan for the air traffic chairperson determines appropriate. (VI). control system, including the establishment of— ‘‘(C) QUORUM.—Three members of the Com- ‘‘(D) PROHIBITIONS ON MEMBERS OF COM- ‘‘(i) a mission and objectives; mittee shall constitute a quorum. A majority of MITTEE.—No member appointed under subpara- ‘‘(ii) standards of performance relative to such members present and voting shall be required for graph (A)(ii) may— mission and objectives, including safety, effi- the Committee to take action. ‘‘(i) have a pecuniary interest in, or own stock ciency, and productivity; and ‘‘(D) APPLICATION OF SUBSECTION (p) PROVI- in or bonds of, an aviation or aeronautical en- ‘‘(iii) annual and long-range strategic plans. SIONS.—The following provisions of subsection terprise, except an interest in a diversified mu- ‘‘(B) MODERNIZATION AND IMPROVEMENT.—To (p) apply to the Committee to the same extent as tual fund or an interest that is exempt from the review and approve— they apply to the Management Advisory Coun- application of section 208 of title 18; ‘‘(i) methods to accelerate air traffic control cil: ‘‘(ii) engage in another business related to modernization and improvements in aviation ‘‘(i) Paragraph (4)(C) (relating to access to aviation or aeronautics; or safety related to air traffic control; and documents and staff). ‘‘(iii) be a member of any organization that ‘‘(ii) procurements of air traffic control equip- ‘‘(ii) Paragraph (5) (relating to nonapplica- engages, as a substantial part of its activities, in ment in excess of $100,000,000. tion of Federal Advisory Committee Act). activities to influence aviation-related legisla- ‘‘(C) OPERATIONAL PLANS.—To review the ‘‘(iii) Paragraph (6)(G) (relating to travel and tion. operational functions of the air traffic control per diem). ‘‘(E) CLAIMS AGAINST MEMBERS.— system, including— ‘‘(iv) Paragraph (6)(H) (relating to detail of ‘‘(i) IN GENERAL.—A member appointed under ‘‘(i) plans for modernization of the air traffic personnel). subparagraph (A)(ii) shall have no personal li- control system; ‘‘(8) ANNUAL REPORT.—The Committee shall ability under Federal law with respect to any ‘‘(ii) plans for increasing productivity or im- each year report with respect to the conduct of claim arising out of or resulting from an act or plementing cost-saving measures; and its responsibilities under this title to the Admin- ‘‘(iii) plans for training and education. omission by such member within the scope of istrator, the Management Advisory Council, the ‘‘(D) MANAGEMENT.—To— service as a member of the Air Traffic Services Committee on Transportation and Infrastruc- ‘‘(i) review and approve the Administrator’s Committee. ture of the House of Representatives, and the appointment of a Chief Operating Officer under ‘‘(ii) EFFECT ON OTHER LAW.—This subpara- Committee on Commerce, Science, and Transpor- section 106(s); graph shall not be construed— tation of the Senate.’’. ‘‘(ii) review the Administrator’s selection, ONFORMING AMENDMENTS.— ‘‘(I) to affect any other immunity or protec- (b) C evaluation, and compensation of senior execu- (1) Subsection (p) of section 106 is amended— tion that may be available to a member of the tives of the Administration who have program (A) by striking ‘‘18’’ in paragraph (2) and in- Committee under applicable law with respect to management responsibility over significant serting ‘‘13’’; such transactions; functions of the air traffic control system; (B) by inserting ‘‘and’’ after the semicolon in ‘‘(II) to affect any other right or remedy ‘‘(iii) review and approve the Administrator’s subparagraph (C) of paragraph (2); against the United States under applicable law; plans for any major reorganization of the Ad- (C) by striking ‘‘Transportation; and’’ in sub- or ministration that would impact on the manage- paragraph (D) of paragraph (2) and inserting ‘‘(III) to limit or alter in any way the immuni- ment of the air traffic control system; ‘‘Transportation.’’; ties that are available under applicable law for ‘‘(iv) review and approve the Administrator’s (D) by striking subparagraph (E) of para- Federal officers and employees. cost accounting and financial management graph (2); ‘‘(F) ETHICAL CONSIDERATIONS.— structure and technologies to help ensure effi- (E) by striking paragraph (3) and inserting ‘‘(i) FINANCIAL DISCLOSURE.—During the en- cient and cost-effective air traffic control oper- the following: tire period that an individual appointed under ation; and ‘‘(3) NO FEDERAL OFFICER OR EMPLOYEE.—No subparagraph (A)(ii) is a member of the Com- ‘‘(v) review the performance and compensa- member appointed under paragraph (2)(C) may mittee, such individual shall be treated as serv- tion of managers responsible for major acquisi- serve as an officer or employee of the United ing as an officer or employee referred to in sec- tion projects, including the ability of the man- States Government while serving as a member of tion 101(f) of the Ethics in Government Act of agers to meet schedule and budget targets. the Council.’’; 1978 for purposes of title I of such Act; except ‘‘(E) BUDGET.—To— (F) by striking subparagraphs (C), (D), (H), that section 101(d) of such Act shall apply with- ‘‘(i) review and approve the budget request of and (I) of paragraph (6) and redesignating sub- out regard to the number of days of service in the Administration related to the air traffic con- paragraphs (E), (F), (G), (J), (K), and (L) as the position. trol system prepared by the Administrator; subparagraphs (C), (D), (E), (F), (G), and (H), ‘‘(ii) RESTRICTIONS ON POST-EMPLOYMENT.— ‘‘(ii) submit such budget request to the Sec- respectively; and For purposes of section 207(c) of title 18, an in- retary; and (G) by striking paragraphs (7) and (8). dividual appointed under subparagraph (A)(ii) ‘‘(iii) ensure that the budget request supports (2) Section 106(s) (as redesignated by sub- shall be treated as an employee referred to in the annual and long-range strategic plans. section (a) of this section) is amended— section 207(c)(2)(A)(i) of such title during the ‘‘(5) CONGRESSIONAL REVIEW OF PRE-OMB (A) by striking ‘‘Air Traffic Services Sub- entire period the individual is a member of the BUDGET REQUEST.—The Secretary shall submit committee of the Aviation Management Advisory

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7767 Council.’’ and inserting ‘‘Air Traffic Services ‘‘47707. Definitions. funding and provide options for funding to any Committee.’’ in paragraphs (1)(A) and (2)(A); ‘‘§ 47701. Capacity enhancement airport undertaking runway construction or re- and ‘‘(a) IN GENERAL.—Within 30 days after the configuration projects in response to rec- (B) by striking ‘‘Air Traffic Services Sub- date of enactment of the Aviation Investment ommendations by its task force. committee of the Aviation Management Advisory and Revitalization Vision Act, the Secretary of ‘‘§ 47702. Designation of national capacity Council,’’ and inserting ‘‘Air Traffic Services Transportation shall identify those airports projects Committee,’’ in paragraph (3). among the 31 airports covered by the Federal (3) Section 106 is amended by adding at the ‘‘(a) IN GENERAL.—In response to a petition Aviation Administration’s Airport Capacity end the following: from an airport sponsor, or in the case of an air- Benchmark Report 2001 with delays that signifi- ‘‘(t) AIR TRAFFIC CONTROL SYSTEM DE- port on the list of airports covered by the Fed- cantly affect the national air transportation FINED.—In this section, the term ‘air traffic con- eral Aviation Administration’s Airport Capacity trol system’ has the meaning such term has system. Benchmarks study, the Secretary of Transpor- ‘‘(b) TASK FORCE; CAPACITY ENHANCEMENT under section 40102(a).’’. tation may designate an airport development TUDY (c) TRANSITION FROM AIR TRAFFIC SERVICE S .— project as a national capacity project if the Sec- ‘‘(1) IN GENERAL.—The Secretary shall direct SUBCOMMITTEE TO AIR TRAFFIC SERVICE COM- retary determines that the project to be des- any airport identified by the Secretary under MITTEE.— ignated will significantly enhance the capacity (1) TERMINATION OF MANAGEMENT ADVISORY subsection (a) that is not engaged in a runway of the national air transportation system. COUNCIL MEMBERSHIP.—Effective on the day expansion process and has not initiated a ca- ‘‘(b) DESIGNATION TO REMAIN IN EFFECT FOR after the date of enactment of this Act, any pacity enhancement study (or similar capacity 5 YEARS.—The designation of a project as a na- member of the Management Advisory Council assessment) since 1996— tional capacity project under paragraph (1) appointed under section 106(p)(2)(E) of title 49, ‘‘(A) to establish a delay reduction task force shall remain in effect for 5 years. The Secretary United States Code, (as such section was in ef- to study means of increasing capacity at the air- may extend the 5-year period for up to 2 addi- fect on the day before such date of enactment) port, including air traffic, airline scheduling, tional years upon request if the Secretary finds who is a member of the Council on such date of and airfield expansion alternatives; or that substantial progress is being made toward ‘‘(B) to conduct a capacity enhancement enactment shall cease to be a member of the completion of the project. study. Council. ‘‘(2) SCOPE.—The scope of the study shall be ‘‘§ 47703. Expedited coordinated environ- (2) COMMENCEMENT OF MEMBERSHIP ON AIR determined by the airport and the Federal Avia- mental review process; project coordinators TRAFFIC SERVICES COMMITTEE.—Effective on the tion Administration, and where appropriate and environment impact teams day after the date of enactment of this Act, any shall consider regional capacity solutions. ‘‘(a) IN GENERAL.—The Secretary of Transpor- member of the Management Advisory Council ‘‘(3) RECOMMENDATIONS SUBMITTED TO SEC- tation shall implement an expedited coordinated whose membership is terminated by paragraph RETARY.— environmental review process for national ca- (1) shall become a member of the Air Traffic ‘‘(A) TASK FORCE.—A task force established pacity projects that— Services Committee as provided by section under this subsection shall submit a report con- ‘‘(1) provides for better coordination among 106(q)(2)(G) of title 49, United States Code, to taining its findings and conclusions, together the Federal, regional, State, and local agencies serve for the remainder of the term to which with any recommendations for capacity en- concerned with the preparation of environ- that member was appointed to the Council. hancement at the airport, to the Secretary with- mental impact statements or environmental as- SEC. 107. CLARIFICATION OF RESPONSIBILITIES in 9 months after the task force is established. sessments under the National Environmental OF CHIEF OPERATING OFFICER. ‘‘(B) CES.—A capacity enhancement study Policy Act of 1969 (42 U.S.C. 4321 et seq.); Section 106(s) (as redesignated by section conducted under this subsection shall be sub- ‘‘(2) provides for an expedited and coordi- 106(a)(1) of this Act) is amended— mitted, together with its findings and conclu- (1) by striking ‘‘Transportation and Con- nated process in the conduct of environmental sions, to the Secretary as soon as the study is gress’’ in paragraph (4) and inserting ‘‘Trans- reviews that ensures that, where appropriate, completed. portation, the Committee on Transportation and the reviews are done concurrently and not con- ‘‘(c) RUNWAY EXPANSION AND RECONFIGURA- Infrastructure of the House of Representatives, secutively; and TION.—If the report or study submitted under and the Committee on Commerce, Science, and ‘‘(3) provides for a date certain for completing subsection (b)(3) includes a recommendation for all environmental reviews. Transportation of the Senate,’’; the construction or reconfiguration of runways (2) by striking ‘‘develop a strategic plan of the ‘‘(b) HIGH PRIORITY FOR AIRPORT ENVIRON- at the airport, then the Secretary and the air- Administration for the air traffic control system, MENTAL REVIEWS.—Each department and agen- port shall complete the planning and environ- including the establishment of—’’ in paragraph cy of the United States Government with juris- mental review process within 5 years after re- (5)(A) and inserting ‘‘implement the strategic diction over environmental reviews shall accord port or study is submitted to the Secretary. The plan of the Administration for the air traffic any such review involving a national capacity Secretary may extend the 5-year deadline under control system in order to further—’’; project the highest possible priority and conduct (3) by striking ‘‘To review the operational this subsection for up to 1 year if the Secretary the review expeditiously. If the Secretary finds functions of the Administration,’’ in paragraph determines that such an extension is necessary that any such department or agency is not com- (5)(B) and inserting ‘‘To oversee the day-to-day and in the public interest. The Secretary shall plying with the requirements of this subsection, operational functions of the Administration for notify the Senate Committee on Commerce, the Secretary shall notify the Senate Committee air traffic control,’’; Science, and Transportation, and to the House on Commerce, Science, and Transportation, and (4) by striking ‘‘system prepared by the Ad- of Representatives Committee on Transportation to the House of Representatives Committee on ministrator;’’ in paragraph (5)(C)(i) and insert- and Infrastructure of any such extension. Transportation and Infrastructure immediately. ing ‘‘system;’’; ‘‘(d) AIRPORTS THAT DECLINE TO UNDERTAKE ‘‘(c) PROJECT COORDINATORS; EIS TEAMS.— (5) by striking ‘‘Administrator and the Sec- EXPANSION PROJECTS.— ‘‘(1) DESIGNATION.—For each project des- retary of Transportation;’’ in paragraph ‘‘(1) IN GENERAL.—If an airport at which the ignated by the Secretary as a national capacity (5)(C)(ii) and inserting ‘‘Administrator;’’; and construction or reconfiguration of runways is project under subsection (a) for which an envi- (6) by striking paragraph (5)(C)(iii) and in- recommended does not take action to initiate a ronmental impact statement or environmental serting the following: planning and environmental assessment process assessment must be filed, the Secretary shall— ‘‘(iii) ensure that the budget request supports for the construction or reconfiguration of those ‘‘(A) designate a project coordinator within the agency’s annual and long-range strategic runways within 30 days after the date on which the Department of Transportation; and plans for air traffic control services.’’. the report or study is submitted to the Secretary, ‘‘(B) establish an environmental impact team then— TITLE II—AIRPORT DEVELOPMENT within the Department. ‘‘(A) the airport shall be ineligible for plan- ‘‘(2) FUNCTION.—The project coordinator and SEC. 201. NATIONAL CAPACITY PROJECTS. ning and other expansion funds under sub- the environmental impact team shall— (a) IN GENERAL.—Part B of subtitle VII is chapter I of chapter 471, notwithstanding any ‘‘(A) coordinate the activities of all Federal, amended by adding at the end the following: provision of that subchapter to the contrary; State, and local agencies involved in the project; ‘‘CHAPTER 477. NATIONAL CAPACITY and ‘‘(B) to the extent possible, working with Fed- PROJECTS ‘‘(B) no passenger facility fee may be ap- eral, State and local officials, reduce and elimi- ‘‘47701. Capacity enhancement. proved at that airport during the 5-year period nate duplicative and overlapping Federal, State, ‘‘47702. Designation of national capacity beginning 30 days after the date on which the and local permit requirements; projects. report or study is submitted to the Secretary, ‘‘(C) to the extent possible, eliminate duplicate ‘‘47703. Expedited coordinated environ- for— Federal, State, and local environmental review mental review process; project co- ‘‘(i) projects that, but for subparagraph (A), procedures; and ordinators and environment im- could have been funded under chapter 471; or ‘‘(D) provide direction for compliance with all pact teams. ‘‘(ii) any project other than on-airport air- applicable Federal, State, and local environ- ‘‘47704. Compatible land use initiative for field-side capacity or safety-related projects. mental requirements for the project. national capacity projects. ‘‘(2) SAFETY-RELATED AND ENVIRONMENTAL ‘‘47705. Air traffic procedures at national PROJECTS EXCEPTED.—Paragraph (1) does not ‘‘§ 47704. Compatible land use initiative for capacity projects. apply to the use of funds for safety-related, se- national capacity projects ‘‘47706. Pilot program for environmental re- curity, or environment projects. ‘‘(a) IN GENERAL.—The Secretary of Transpor- view at national capacity ‘‘(e) AIRPORTS THAT TAKE ACTION.—The Sec- tation may make grants under chapter 471 to projects. retary shall take all actions possible to expedite States and units of local government for land

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7768 CONGRESSIONAL RECORD — SENATE June 12, 2003

use compatibility plans directly related to na- ‘‘(c) RETENTION OF REVENUES.—The salaries (c) COMMENT PERIOD.—The Secretary shall tional capacity projects for the purposes of mak- and expenses account of the Federal Aviation provide a period of 60 days for comments on a ing the use of land areas around the airport Administration shall retain as an offsetting col- project identified by the Secretary under this compatible with aircraft operations if the land lection such sums as may be necessary from section after the date of publication of notice use plan or project meets the requirements of such proceeds for the costs of developing and with respect to the project. this section. implementing the program required by sub- (d) DETERMINATION OF EXISTENCE OF REASON- ‘‘(b) CONDITIONS.—A land use plan or project section (a). Such offsetting collections shall be ABLE ALTERNATIVES.—Not later than 90 days meets the requirements of this section if it— available for obligation subject to the terms and after the last day of a comment period estab- ‘‘(1) is sponsored by the public agency that conditions of the receiving appropriations ac- lished under subsection (c) for a project, the has the authority to plan and adopt land use count, and shall be deposited in such accounts Secretary shall determine whether reasonable control measures, including zoning, in the plan- on a quarterly basis. Such offsetting collections alternatives exist to the project. The determina- ning area in and around the airport and that are authorized to remain available until ex- tion shall be binding on all persons, including agency provides written assurances to the Sec- pended for such purpose. Federal and State agencies, acting under or ap- retary that it will work with the affected airport ‘‘§ 47707. Definitions plying Federal laws when considering the avail- to identify and adopt such measures; ability of alternatives to the project. ‘‘In this chapter: ‘‘(2) does not duplicate, and is not incon- (e) LIMITATION ON APPLICABILITY.—This sec- ‘‘(1) NATIONAL CAPACITY PROJECT.—The term sistent with, an airport noise compatibility pro- tion does not apply to— ‘national capacity project’ means a project des- gram prepared by an airport owner or operator (1) any alternatives analysis required under ignated by the Secretary under section 44702. under chapter 475 or with other planning car- the National Environmental Policy Act of 1969 ‘‘(2) OTHER TERMS.—The definitions in section (42 U.S.C. 4321 et seq.); or ried out by the airport; 47102 apply to any terms used in this chapter ‘‘(3) is subject to an agreement between the (2) a project at an airport if the airport spon- that are defined in that section.’’. public agency sponsor and the airport owner or sor requests, in writing, to the Secretary that (b) ADDITIONAL STAFF AUTHORIZED.—The Sec- this section not apply to the project. operator that the development of the land use retary of Transportation is authorized to hire compatibility plan will be done cooperatively; additional environmental specialists and attor- SEC. 204. INCREASE IN APPORTIONMENT FOR, ‘‘(4) is consistent with the airport operation AND FLEXIBILITY OF, NOISE COM- neys needed to process environmental impact PATIBILITY PLANNING PROGRAMS. and planning, including the use of any noise ex- statements in connection with airport construc- posure contours on which the land use compat- Section 47117(e)(1)(A) is amended— tion projects and to serve as project coordinators (1) by striking the first sentence and inserting: ibility planning or project is based; and and environmental impact team members under ‘‘(5) has been approved jointly by the airport ‘‘At least 35 percent for grants for airport noise section 47703 of title 49, United States Code. owner or operator and the public agency spon- compatibility planning under section 47505(a)(2) (c) CLERICAL AMENDMENT.—The analysis for for a national capacity project, for carrying out sor. subtitle VII is amended by inserting after the ‘‘(c) ASSURANCES FROM SPONSORS.—The Sec- noise compatibility programs under section item relating to section 475 the following: retary may require the airport sponsor, public 47504(c) of this title, and for noise mitigation agency, or other entity to which a grant may be ‘‘477. National capacity projects .. 47701’’. projects approved in an environmental record of awarded under this section to provide such ad- SEC. 202. CATEGORICAL EXCLUSIONS. decision for an airport development project des- ditional assurances, progress reports, and other Not later than 30 days after the date of enact- ignated as a national capacity project under information as the Secretary determines to be ment of this Act, the Secretary of Transpor- section 47702.’’; and necessary to carry out this section. tation shall report to the Senate Committee on (2) by striking ‘‘or not such 34 percent require- Commerce, Science, and Transportation on the ment’’ in the second sentence and inserting ‘‘the ‘‘§ 47705. Air traffic procedures at national categorical exclusions currently recognized and funding level required by the preceding sen- capacity projects provide a list of proposed additional categorical tence’’. ‘‘(a) IN GENERAL.—The Secretary of Transpor- exclusions from the requirement that an envi- SEC. 205. SECRETARY OF TRANSPORTATION TO tation may consider prescribing flight proce- ronmental assessment or an environmental im- IDENTIFY AIRPORT CONGESTION-RE- dures to avoid or minimize potentially signifi- pact statement be prepared under the National LIEF PROJECTS AND FORECAST AIR- cant adverse noise impacts of the project during Environmental Policy Act of 1969 (42 U.S.C. 4321 PORT OPERATIONS ANNUALLY. the environmental planning process for a na- et seq.) for projects at airports. In determining (a) IDENTIFICATION OF PROJECTS.— tional capacity project that involves the con- the list of additional proposed categorical exclu- (1) IN GENERAL.—Within 90 days after the date struction of new runways or the reconfiguration sions, the Secretary shall include such other of enactment of this Act, the Secretary of Trans- of existing runways. If the Secretary determines projects as the Secretary determines should be portation shall provide— that noise mitigation flight procedures are con- categorically excluded in order to ensure that (A) a list of planned air traffic and airport-ca- sistent with safe and efficient use of the navi- Department of Transportation environmental pacity projects at congested Airport Capacity gable airspace, then, at the request of the air- staff resources are not diverted to lower priority Benchmark airports the completion of which port sponsor, the Administrator may, in a man- tasks and are available to expedite the environ- will substantially relieve congestion at those air- ner consistent with applicable Federal law, com- mental reviews of airport capacity enhancement ports; and (B) a list of options for expanding capacity at mit to prescribing such procedures in any record projects at congested airports. of decision approving the project. the 8 airports on the list at which the most se- SEC. 203. ALTERNATIVES ANALYSIS. ‘‘(b) MODIFICATION.—Notwithstanding any vere delays are occurring, to the Senate Com- (a) NOTICE REQUIREMENT.—Not later than 30 commitment by the Secretary under subsection mittee on Commerce, Science, and Transpor- days after the date on which the Secretary of (a), the Secretary may initiate changes to such tation, and to the House of Representatives Transportation identifies an airport capacity procedures if necessary to maintain safety and Committee on Transportation and Infrastruc- enhancement project at a congested airport efficiency in light of new information or ture. The Secretary shall provide updated lists under section 47171(c) of title 49, United States changed circumstances. to those Committees 2 years after the date of en- Code, the Secretary shall publish a notice in the actment of this Act. ‘‘§ 47706. Pilot program for environmental re- Federal Register requesting comments on wheth- view at national capacity projects (2) DELISTING OF PROJECTS.—The Secretary er reasonable alternatives exist to the project. shall remove a project from the list provided to ‘‘(a) IN GENERAL.—The Secretary of Transpor- ERTAIN REASONABLE ALTERNATIVES DE- (b) C the Committees under paragraph (1) upon the tation shall initiate a 5-year pilot program fund- FINED.—For purposes of this section, an alter- request, in writing, of an airport operator if the ed by airport sponsors— native shall be considered reasonable if— operator states in the request that construction ‘‘(1) to hire additional fulltime-equivalent en- (1) the alternative does not create an unrea- of the project will not be completed within 10 vironmental specialists and attorneys, or sonable burden on interstate commerce, the na- years from the date of the request. ‘‘(2) to obtain the services of such specialists tional aviation system, or the navigable air- and attorneys from outside the United States space; SEC. 206. DESIGN-BUILD CONTRACTING. Government, to assist in the provision of an ap- (2) the alternative is not inconsistent with (a) IN GENERAL.—Subchapter I of chapter 471 propriate nationwide level of staffing for plan- maintaining the safe and efficient use of the is amended by adding at the end the following: ning and environmental review of runway de- navigable airspace; ‘‘§ 47138. Design-build contracting velopment projects for national capacity projects (3) the alternative does not conflict with a law ‘‘(a) IN GENERAL.—The Administrator may ap- at the Federal Aviation Administration. or regulation of the United States; prove an application of an airport sponsor ‘‘(b) ELIGIBLE PARTICIPANTS.—Participation (4) the alternative would result in at least the under this section to authorize the airport spon- in the pilot program shall be available, on a vol- same reduction in congestion at the airport or in sor to award a design-build contract using a se- untary basis, to airports with an annual pas- the national aviation system as the proposed lection process permitted under applicable State senger enplanement of not less than 3 million project; and or local law if— passengers. The Secretary shall specify the min- (5) in any case in which the alternative is a ‘‘(1) the Administrator approves the applica- imum contribution necessary to qualify for par- proposed construction project at an airport tion using criteria established by the Adminis- ticipation in the pilot program, which shall be other than a congested airport, firm commit- trator; not less than the amount necessary to com- ments to provide such alternate airport capacity ‘‘(2) the design-build contract is in a form that pensate the Department of Transportation for exists, and the Secretary determines that such is approved by the Administrator; the expense of a fulltime equivalent environ- alternate airport capacity will be available no ‘‘(3) the Administrator is satisfied that the mental specialist and attorney qualified at the later than 4 years after the date of the Sec- contract will be executed pursuant to competi- GS-14 equivalent level. retary’s determination under this section. tive procedures and contains a schematic design

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7769 adequate for the Administrator to approve the carrier may be considered excluded under this SEC. 210. QUARTERLY STATUS REPORTS. grant; section if it has at least 25,000 boardings at the Beginning with the second calendar quarter ‘‘(4) use of a design-build contract will be cost airport in the prior calendar year, or if it oper- ending after the date of enactment of this Act, effective and expedite the project; ates scheduled service, without regard to such the Secretary of Transportation shall provide ‘‘(5) the Administrator is satisfied that there percentage requirements.’’; quarterly status reports to the Senate Committee will be no conflict of interest; and (3) by redesignating paragraph (3) of sub- on Commerce, Science, and Transportation and ‘‘(6) the Administrator is satisfied that the se- section (c) as paragraph (4) and inserting after the House of Representatives Committee on lection process will be as open, fair, and objec- paragraph (2) the following: Transportation and Infrastructure on the status tive as the competitive bid system and that at ‘‘(3) Before submitting an application, the eli- of construction of each major runway project least three or more bids will be submitted for gible agency must provide reasonable notice and undertaken at the largest 40 commercial airports each project under the selection process. an opportunity for public comment. The Sec- in terms of annual enplanements. ‘‘(b) REIMBURSEMENT OF COSTS.—The Admin- retary shall prescribe regulations that define SEC. 211. NOISE DISCLOSURE REQUIREMENTS. istrator may reimburse an airport sponsor for reasonable notice and provide for at least— (a) DEFINITIONS.—Section 47501 is amended by design and construction costs incurred before a ‘‘(A) a requirement that the eligible agency adding at the end— grant is made pursuant to this section if the provide public notice of intent to collect a pas- ‘‘(3) ‘Federal agency’ means any department, project is approved by the Administrator in ad- senger facility fee so as to inform those inter- agency, corporation, or other establishment or vance and is carried out in accordance with all ested persons and agencies who may be affected, instrumentality of the executive branch of the administrative and statutory requirements that including— Federal Government, and includes the Federal would have been applicable under this chapter ‘‘(i) publication in local newspapers of general National Mortgage Association and the Federal 471, if the project were carried out after a grant circulation; Home Loan Mortgage Corporation. agreement had been executed. ‘‘(ii) publication in other local media; and ‘‘(4) ‘Federal entity for lending regulation’ ‘‘(c) DESIGN-BUILD CONTRACT DEFINED.—In ‘‘(iii) posting the notice on the agency’s means the Board of Governors of the Federal this section, the term ‘design-build contract’ website; Reserve System, the Federal Deposit Insurance means an agreement that provides for both de- ‘‘(B) a requirement for submission of public Corporation, the Comptroller of the Currency, sign and construction of a project by a con- comments no sooner than 30 days after pub- the Office of Thrift Supervision, the National tractor.’’. lishing of the notice and not later than 45 days Credit Union Administration, and the Farm (b) CONFORMING AMENDMENT.—The chapter after publication; and Credit Administration, and with respect to a analysis for chapter 471 is amended by inserting ‘‘(C) a requirement that the agency include in particular regulated lending institution means after the item relating to section 47137 the fol- its application or notice submitted under para- the entity primarily responsible for the super- lowing: graph (1) copies of all comments received under vision of the institution. ‘‘47138. Design-build contracting.’’. subparagraph (B).’’; ‘‘(5) ‘Federal agency lender’ means a Federal (4) by striking ‘‘shall’’ in the first sentence of agency that makes direct loans secured by im- SEC. 207. SPECIAL RULE FOR AIRPORT IN ILLI- paragraph (4), as redesignated, of subsection (c) NOIS. proved real estate or a mobile home, to the ex- and inserting ‘‘may’’; and tent such agency acts in such capacity. (a) IN GENERAL.—Nothing in this title shall be (5) by adding at the end the following: construed to preclude the application of any ‘‘(6) ‘residential real estate’ means real estate ‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY provision of this Act to the State of Illinois or upon which a residential dwelling is located. FEE AUTHORIZATIONS AT SMALL AIRPORTS.— any other sponsor of a new airport proposed to ‘‘(7) ‘noise exposure map’ means a noise expo- ‘‘(1) There is established a pilot program for sure map that complies with section 47503 of this be constructed in the State of Illinois. the Secretary to test alternative procedures for (b) AUTHORITY OF THE GOVERNOR.—Nothing title and part 150 of title 14, Code of Federal authorizing small airports to impose passenger Regulations. in this title shall be construed to preempt the facility fees. An eligible agency may impose a authority of the Governor of the State of Illinois ‘‘(8) ‘regulated lending institution’ means any passenger facility fee at a non-hub airport (as bank, savings and loan association, credit as of August 1, 2001, to approve or disapprove defined in section 47102 of this title) that it con- airport development projects. union, farm credit bank, Federal land bank as- trols for use on eligible airport-related projects sociation, production credit association, or simi- SEC. 208. ELIMINATION OF DUPLICATIVE RE- at that airport, in accordance with the provi- lar institution subject to the supervision of a QUIREMENTS. sions of this subsection. These procedures shall (a) IN GENERAL.—Section 47106(c)(1) is amend- Federal entity for lending regulation.’’. be in lieu of the procedures otherwise specified (b) NOISE EXPOSURE MAPS.—Section 47503(b) ed— in this section. (1) by inserting ‘‘and’’ after ‘‘project;’’ in sub- is amended to read as follows: ‘‘(2) The eligible agency must provide reason- ‘‘(b) REVISED MAPS.—If, in an area sur- paragraph (A)(ii); able notice and an opportunity for consultation (2) by striking subparagraph (B); and rounding an airport, a change in the operation to air carriers and foreign air carriers in accord- of the airport would establish a substantial new (3) by redesignating subparagraph (C) as sub- ance with subsection (c)(2), and must provide paragraph (B). noncompatible use, or would significantly re- reasonable notice and opportunity for public duce noise over existing noncompatible uses, be- (b) CONFORMING AMENDMENTS.—Section comment in accordance with subsection (c)(3). 47106(c) of such title is amended— yond the forecast year, the airport operator ‘‘(3) The eligible agency must submit to the shall submit a revised noise exposure map to the (1) by striking paragraph (4); Secretary a notice of intention to impose a pas- (2) by redesignating paragraph (5) as para- Secretary showing the new noncompatible use senger facility fee, which notice shall include— or noise reduction.’’. graph (4); and ‘‘(A) information that the Secretary may re- (c) NOTIFICATION OF NOISE EXPOSURE.—Chap- (3) by striking ‘‘(1)(C)’’ in paragraph (4), as quire by regulation on each project for which redesignated, and inserting ‘‘(1)(B)’’. ter 457 is amended by adding at the end the fol- authority to impose a passenger facility charge lowing: SEC. 209. STREAMLINING THE PASSENGER FACIL- is sought; ITY FEE PROGRAM. ‘‘(B) the amount of revenue from passenger ‘‘§ 47511. Notification of noise exposure Section 40117 is amended— facility charges that is proposed to be collected ‘‘(a) NOISE EXPOSURE MAP.—An airport oper- (1) by striking from ‘‘finds—’’ in paragraph for each project; and ator shall make available to lending institu- (4) of subsection (b) through the end of that ‘‘(C) the level of the passenger facility charge tions, upon request, the most recent noise expo- paragraph and inserting ‘‘finds that the project that is proposed. sure map submitted under section 47503 of this cannot be paid for from funds reasonably ex- ‘‘(4) The Secretary shall acknowledge receipt title. pected to be available for the programs referred of the notice and indicate any objection to the ‘‘(b) LIST OF AIRPORTS.—The Secretary shall to in section 48103.’’; imposition of a passenger facility fee for any maintain a list of airports for which the airport (2) by adding at the end of subsection (c)(2) project identified in the notice within 30 days operators have submitted a noise exposure map the following: after receipt of the eligible agency’s notice. under section 47503 of this title. ‘‘(E) The agency will include in its applica- ‘‘(5) Unless the Secretary objects within 30 ‘‘(c) REGULATED LENDING INSTITUTIONS.— tion or notice submitted under subsection (1) days after receipt of the eligible agency’s notice, Each Federal entity for lending regulation copies of all certifications of agreement or dis- the eligible agency is authorized to impose a (after consultation and coordination with the agreement received under subparagraph (D). passenger facility fee in accordance with the Federal Financial Institutions Examination ‘‘(F) For the purpose of this section, an eligi- terms of its notice. Council) shall direct by regulation that a regu- ble agency providing notice and consultation to ‘‘(6) Not later than 180 days after the date of lated lending institution may not make, in- an air carrier and foreign air carrier is deemed enactment of this subsection, the Secretary shall crease, extend or renew any loan secured by res- to have satisfied this requirement if it limits propose such regulations as may be necessary to idential real estate or a mobile home that is lo- such notices and consultations to air carriers carry out this subsection. cated or to be located in the vicinity of an air- and foreign air carriers that have a significant ‘‘(7) The authority granted under this sub- port on the Secretary’s list described in sub- business interest on the airport. In developing section shall expire three years after the section (b), unless the loan applicant’s purchase regulations to implement this provision, the Sec- issuance of the regulation required by para- agreement for the residential real estate or mo- retary shall consider a significant business in- graph (6). bile home provides notice to the purchaser (or terest to be defined as an air carrier or foreign ‘‘(8) An acknowledgement issued under para- satisfactory assurances are provided that the air carrier that has no less than 1.0 percent of graph (4) shall not be considered an order of the seller has provided written notice to the pur- boardings at the airport in the prior calendar Secretary issued under section 46110 of this chaser prior to the purchaser’s signing of the year, except that no air carrier or foreign air title.’’. purchase agreement) that the property is within

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7770 CONGRESSIONAL RECORD — SENATE June 12, 2003

the area of the noise contours on a noise expo- (b) TEMPORARY INCREASE IN GOVERNMENT (C) adding at the end the following: sure map submitted under section 47503 of this SHARE OF CERTAIN AIP PROJECT COSTS.—Not- ‘‘(5) to a sponsor of a nonprimary airport re- chapter. The notice to the purchaser shall be ac- withstanding section 47109(a) of title 49, United ferred to in subparagraph (A) or (B) paragraph knowledged by the purchaser’s signing of the States Code, the Government’s share of allow- (2), any part of amounts apportioned to the purchase agreement or other notification docu- able project costs for a grant made in fiscal year sponsor for the fiscal year under section ment and the regulated lending institution shall 2004 under chapter 471 of that title for a project 47114(d)(3)(A) of this title for project costs al- retain a record of the receipt of the notice by the described in paragraph (2) or (3) of that section lowable under section 47110(d) of this title.’’. purchaser. shall be 95 percent. (c) APPORTIONMENT FOR ALL-CARGO AIR- ‘‘(d) FEDERAL AGENCY LENDERS.—Each Fed- SEC. 214. AGREEMENTS FOR OPERATION OF AIR- PORTS.—Section 47114(c)(2)(A) is amended by eral agency lender shall by regulation require PORT FACILITIES. striking ‘‘3’’ and inserting ‘‘3.5’’. notification in the manner provided in sub- Section 47124 is amended— (d) CONSIDERATIONS FOR CARGO OPER- section (c) with respect to any loan that is made (1) by inserting ‘‘a qualified entity or’’ after ATIONS.—Section 47115(d) is amended— by the Federal agency lender and secured by ‘‘with’’ in subsection (a); (1) by striking ‘‘and’’ at the end of paragraph residential real estate or a mobile home located (2) by inserting ‘‘entity or ’’ after ‘‘allow the’’ (5); (2) by striking the period at the end of para- or to be located in the vicinity of an airport on in subsection (a); graph (6) and inserting ‘‘; and’’; and the Secretary’s list described in subsection (b). (3) by inserting ‘‘entity or’’ before ‘‘State’’ the (3) by adding at the end the following new ‘‘(e) CONTENTS OF NOTICE.—The notice re- last place it appears in subsection (a); quired under this section shall disclose— paragraph: (4) by striking ‘‘contract,’’ in subsection (b)(2) ‘‘(7) the ability of the project to foster United ‘‘(1) that the property is located within the and inserting ‘‘contract with a qualified entity, noise contours depicted on the most recent noise States competitiveness in securing global air or’’; cargo activity at a United States airport.’’. exposure map submitted by the airport operator (5) by striking ‘‘the State’’ each place it ap- according to section 47503 of this chapter, and is pears in subsection (b)(2) and inserting ‘‘the en- TITLE III—AIRLINE SERVICE subject to aircraft noise exposure; and tity or State’’; DEVELOPMENT ‘‘(2) the name and telephone number of the (6) by striking ‘‘PILOT’’ in the caption of sub- Subtitle A—Program Enhancements airport where the purchaser may obtain more section (b)(3); SEC. 301. DELAY REDUCTION MEETINGS. information on the aircraft noise exposure.’’. (7) by striking ‘‘pilot’’ in subsection (b)(3)(A); (a) IN GENERAL.—Subchapter I of chapter 417 SEC. 212. PROHIBITION ON REQUIRING AIRPORTS (8) by striking ‘‘pilot’’ in subsection (b)(3)(D); is amended by adding at the end the following TO PROVIDE RENT-FREE SPACE FOR (9) by striking ‘‘$6,000,000 per fiscal year’’ in new section: FAA OR TSA. subsection (b)(3)(E) and inserting ‘‘$6,500,000 for ‘‘§ 41723. Delay reduction actions (a) IN GENERAL.—Chapter 401 is amended by fiscal 2004, $7,000,000 for fiscal year 2005, and adding at the end the following: ‘‘(a) DELAY REDUCTION MEETINGS.— $7,500,000 for fiscal year 2006’’; and ‘‘(1) SCHEDULING REDUCTION MEETINGS.—The ‘‘§ 40129. Prohibition on rent-free space re- (10) by striking ‘‘$1,100,000.’’ in subsection Secretary of Transportation may request that quirements for FAA or TSA (b)(4)(C) and inserting ‘‘$1,500,000.’’. air carriers meet with the Administrator of the ‘‘(a) IN GENERAL.—Neither the Secretary of SEC. 215. PUBLIC AGENCIES. Federal Aviation Administration to discuss Transportation nor the Secretary of Homeland Section 47102(15) is amended— flight reductions at severely congested airports Security may require airport sponsors to provide (1) by striking ‘‘or’’ after the semicolon in sub- to reduce overscheduling and flight delays dur- building construction, maintenance, utilities paragraph (B); ing hours of peak operation if— and expenses, or space in airport sponsor-owned (2) by redesignating subparagraph (C) as sub- ‘‘(A) the Administrator of the Federal Avia- buildings to the Federal Aviation Administra- paragraph (D); and tion Administration determines that it is nec- tion or the Transportation Security Administra- (3) by inserting after subparagraph (B) the essary to convene such a meeting; and tion without cost for services relating to air traf- following: ‘‘(B) the Secretary determines that the meet- fic control, air navigation, aviation security, or ‘‘(C) the Department of the Interior with re- ing is necessary to meet a serious transportation weather reporting. spect to an airport owned by the Department need or achieve an important public benefit. ‘‘(b) NEGOTIATED AGREEMENTS.—Subsection that is required to be maintained for commercial ‘‘(2) MEETING CONDITIONS.—Any meeting (a) does not prohibit— aviation safety at a remote location; or’’. under paragraph (1)— ‘‘(1) the negotiation of agreements between ei- SEC. 216. FLEXIBLE FUNDING FOR NONPRIMARY ‘‘(A) shall be chaired by the Administrator; ther Secretary and an airport sponsor to provide AIRPORT APPORTIONMENTS. ‘‘(B) shall be open to all scheduled air car- building construction, maintenance, utilities (a) IN GENERAL.—Section 47117(c)(2) is amend- riers; and and expenses, or space in airport sponsor-owned ed to read as follows: ‘‘(C) shall be limited to discussions involving buildings to the Federal Aviation Administra- ‘‘(2) WAIVER.—A sponsor of an airport may the airports and time periods described in the tion or the Transportation Security Administra- make an agreement with the Secretary of Trans- Administrator’s determination. ‘‘(3) FLIGHT REDUCTION TARGETS.—Before any tion without cost or at below-market rates; or portation waiving the sponsor’s claim to any such meeting is held, the Administrator shall es- ‘‘(2) either Secretary from requiring airport part of the amount apportioned for the airport tablish flight reduction targets for the meeting sponsors to provide land without cost to the under sections 47114(c) and 47114(d)(2)(A) of this and notify the attending air carriers of those Federal Aviation Administration for air traffic title if the Secretary agrees to make the waived targets not less than 48 hours before the meet- control facilities or space without cost to the amount available for a grant for another public- ing. Transportation Security Administration for nec- use airport in the same State or geographical ‘‘(4) DELAY REDUCTION OFFERS.—An air car- essary security checkpoints.’’. area as the airport, as determined by the Sec- rier attending the meeting shall make any delay (b) CONFORMING AMENDMENT.—The chapter retary.’’. reduction offer to the Administrator rather than analysis for chapter 401 is amended by adding (b) CONFORMING AMENDMENTS.— to another carrier. at the end the following: (1) Section 47108(a) is amended by inserting ‘‘(5) TRANSCRIPT.—The Administrator shall ‘‘40129. Prohibition on rent-free space require- ‘‘or section 47114(d)(2)(A)’’ after ‘‘under section ensure that a transcript of the meeting is kept ments for FAA or TSA.’’. 47114(c)’’. and made available to the public not later than SEC. 213. SPECIAL RULES FOR FISCAL YEAR 2004. (2) Section 47110 is amended— 3 business days after the conclusion of the meet- (a) APPORTIONMENT TO CERTAIN AIRPORTS (A) by inserting ‘‘or section 47114(d)(2)(A)’’ in ing. WITH DECLINING BOARDINGS.— subsection (b)(2)(C) after ‘‘of section 47114(c)’’; ‘‘(b) STORMY WEATHER AGREEMENTS LIMITED (1) IN GENERAL.—For fiscal year 2004, the Sec- (B) by inserting ‘‘or section 47114(d)(2)(A)’’ in EXEMPTION.— retary of Transportation may apportion funds subsection (g) after ‘‘of section 47114(c)’’; ‘‘(1) IN GENERAL.—The Secretary may estab- under section 47114 of title 49, United States (C) by striking ‘‘of project.’’ in subsection (g) lish a program to authorize by order discussions Code, to the sponsor of an airport described in and inserting ‘‘of the project.’’; and and agreements between 2 or more air carriers paragraph (2) in an amount equal to the (D) by adding at the end the following: for the purpose of reducing flight delays during amount apportioned to that airport under that ‘‘(h) NONPRIMARY AIRPORTS.—The Secretary periods of inclement weather. section for fiscal year 2002, notwithstanding any may decide that the costs of revenue producing ‘‘(2) REQUIREMENTS.—An authorization issued provision of section 47114 to the contrary. aeronautical support facilities, including fuel under paragraph (1)— (2) AIRPORTS TO WHICH PARAGRAPH (1) AP- farms and hangars, are allowable for an airport ‘‘(A) may only be issued by the Secretary after PLIES.—Paragraph (1) applies to any airport de- development project at a nonprimary airport a determination by the Federal Aviation Admin- termined by the Secretary to have had— and for which the Government’s share is paid istration that inclement weather is likely to ad- (A) less than 0.05 percent of the total United only with funds apportioned to a sponsor under versely and directly affect capacity at an air- States passenger boardings (as defined in sec- section 47114(d)(2)(A), if the Secretary deter- port for a period of at least 3 hours; tion 47102(10) of title 49, United States Code) for mines that the sponsor has made adequate pro- ‘‘(B) shall apply only to discussions and the calendar year used for determining appor- vision for financing airside needs of the air- agreements concerning flights directly affected tionments under section 47114 for fiscal year port.’’. by the inclement weather; and 2004; (3) Section 47119(b) is amended by— ‘‘(C) shall remain in effect for a period of 24 (B) less than 10,000 passenger boardings in (A) striking ‘‘or’’ after the semicolon in para- hours. calendar year 2002; and graph (3); ‘‘(3) PROCEDURE.—The Secretary shall estab- (C) 10,000 or more passenger boardings in cal- (B) striking ‘‘1970.’’ in paragraph (4) and in- lish procedures within 30 days after such date of endar year 2000. serting ‘‘1970; or’’; and enactment for—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7771 ‘‘(A) filing requests for an authorization mittee on Transportation and Infrastructure nities receiving assistance under subchapter II under paragraph (1); within 6 months after the date of enactment of under which the airport sponsor in such a com- ‘‘(B) participation under paragraph (5) by this Act. munity may receive a grant of not more than representatives of the Department of Transpor- SEC. 304. COMPETITION DISCLOSURE REQUIRE- $50,000 to develop and implement a marketing tation in any meetings or discussions held pur- MENT FOR LARGE AND MEDIUM HUB plan to increase passenger boardings and the suant to such an order; and AIRPORTS. level of passenger usage of its airport facilities. ‘‘(C) the determination by the Federal Avia- Section 47107 is amended by adding at the end ‘‘(b) MATCHING REQUIREMENT; SUCCESS BO- tion Administration about the impact of inclem- the following: NUSES— ent weather. ‘‘(q) COMPETITION DISCLOSURE REQUIRE- ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(4) COPY OF PARTICIPATION REQUEST FILED MENT.— graphs (2) and (3), not less than 25 percent of WITH SECRETARY.—Before an air carrier may re- ‘‘(1) IN GENERAL.—The Secretary of Transpor- the publicly financed costs associated with the quest an order under paragraph (1), it shall file tation may approve an application under this marketing plan shall come from non-Federal a request with the Secretary, in such form and subchapter for an airport development project sources. For purposes of this paragraph— manner as the Secretary may prescribe, to par- grant for a hub airport or a medium hub airport ‘‘(A) the non-Federal portion of the publicly ticipate in the program established under para- only if the Secretary receives assurances that financed costs may be derived from contribu- graph (1). the airport sponsor will provide the information tions in kind; and ‘‘(5) DOT PARTICIPATION.—The Secretary required by paragraph (2) at such time and in ‘‘(B) State or local matching contributions shall ensure that the Department is represented such form as the Secretary may require. may not be derived, directly or indirectly, from at any meetings authorized under this sub- ‘‘(2) COMPETITIVE ACCESS.—If an airport de- Federal funds, but the use by a state or local section. nies an application by an air carrier to receive government of proceeds from the sale of bonds to ‘‘(c) EXEMPTION AUTHORIZED.—When the Sec- access to gates or other facilities at that airport provide the matching contribution is not consid- retary finds that it is required by the public in- in order to provide service to the airport or to ered to be a contribution derived directly or in- terest, the Secretary, as part of an order issued expand service at the airport, then, within 30 directly from Federal funds, without regard to under subsection (b)(1), shall exempt a person days after denying the request, the airport spon- the Federal income tax treatment of interest affected by the order from the antitrust laws to sor shall— paid on those bonds or the Federal income tax the extent necessary to allow the person to pro- ‘‘(A) notify the Secretary of the denial; and treatment of those bonds. ceed with the activities approved in the order. ‘‘(B) transmit a report to the Secretary that— ‘‘(2) BONUS FOR 25-PERCENT INCREASE IN ‘‘(d) ANTITRUST LAWS DEFINED.—In this sec- ‘‘(i) describes the request; USAGE.—Except as provided in paragraph (3), if, tion, the term ‘antitrust laws’ has the meaning ‘‘(ii) explains the reasons for the denial; and after any 12-month period during which a mar- given that term in the first section of the Clay- ‘‘(iii) provides a time frame within which, if keting plan has been in effect, the Secretary de- ton Act (15 U.S.C. 12). any, the airport will be able to accommodate the termines that the marketing plan has increased ‘‘(e) SUNSET.—The authority of the Secretary request. average monthly boardings, or the level of pas- to issue an order under subsection (b)(1) of this ‘‘(3) DEFINITIONS.—In this subsection: senger usage, at the airport facilities at the eli- section expires at the end of the 2-year period ‘‘(A) HUB AIRPORT.—The term ‘hub airport’ gible place, by 25 percent or more, then only 10 that begins 45 days after the date of enactment has the meaning given that term by section percent of the publicly financed costs associated of the Aviation Investment and Revitalization 41731(a)(3). with the marketing plan shall be required to Vision Act. The Secretary may extend the 2-year ‘‘(B) MEDIUM HUB AIRPORT.—The term ‘me- come from non-Federal sources for the following Period for an additional 2 years if the Secretary dium hub airport’ has the meaning given that 12-month period. determines that such an extension is necessary term by section 41714(h)(9).’’. ‘‘(3) BONUS FOR 50-PERCENT INCREASE IN and in the public interest. The Secretary shall Subtitle B—Small Community and Rural Air USAGE.—If, after any 12-month period during notify the Senate Committee on Commerce, Service Revitalization which a marketing plan has been in effect, the Science, and Transportation, and to the House Secretary determines that the marketing plan of Representatives Committee on Transportation SEC. 351. REAUTHORIZATION OF ESSENTIAL AIR has increased average monthly boardings, or the SERVICE PROGRAM. and Infrastructure of any such extension.’’. level of passenger usage, at the airport facilities Section 41742(a) of title 49, United States (b) CONFORMING AMENDMENT.—The chapter at the eligible place, by 50 percent or more, then analysis for chapter 417 is amended by inserting Code, is amended to read as follows: no portion of the publicly financed costs associ- after the item relating to section 41722 the fol- ‘‘(a) IN GENERAL.—There are authorized to be ated with the marketing plan shall be required lowing new item: appropriated to the Secretary of Transportation to come from non-Federal sources for the fol- to carry out the essential air service under this lowing 12-month period. ‘‘41723. Delay reduction actions.’’. subchapter, $113,000,000 for each of fiscal years SEC. 302. SMALL COMMUNITY AIR SERVICE DE- 2004 through 2007, $50,000,000 of which for each ‘‘§ 41783. State marketing assistance VELOPMENT PILOT PROGRAM. such year shall be derived from amounts re- ‘‘The Secretary of Transportation may provide (a) 3-YEAR EXTENSION.—Section 41743(e)(2) is ceived by the Federal Aviation Administration up to $50,000 in technical assistance to any amended— credited to the account established under sec- State within which an eligible essential air serv- (1) by striking ‘‘There is’’ and inserting tion 45303 of this title or otherwise provided to ice community is located for the purpose of as- ‘‘There are’’; the Administration.’’. sisting the State and such communities to de- (2) by striking ‘‘2001 and’’ and inserting SEC. 352. INCENTIVE PROGRAM. velop methods to increase boardings in such ‘‘2001,’’; and (a) IN GENERAL.—Chapter 417 of title 49, communities. At least 10 percent of the costs of (3) by striking ‘‘2003’’ and inserting ‘‘2003, United States Code, is amended by adding at the the activity with which the assistance is associ- and $27,500,000 for each of fiscal years 2004, end the following: ated shall come from non-Federal sources, in- 2005, and 2006’’. cluding contributions in kind. ‘‘SUBCHAPTER IV—MARKETING (b) ADDITIONAL COMMUNITIES.—Section ‘‘§ 41784. Definitions 41743(c)(4) of such title is amended by striking INCENTIVE PROGRAM ‘‘program.’’ and inserting‘‘program each year. ‘‘Sec. 41781. Purpose. ‘‘In this subchapter: No community, consortia of communities, or ‘‘Sec. 41782. Marketing program. ‘‘(1) ELIGIBLE PLACE.—The term ‘eligible combination thereof may participate in the pro- ‘‘Sec. 41783. State marketing assistance. place’ has the meaning given that term in sec- gram twice.’’. ‘‘Sec. 41784. Definitions. tion 41731(a)(1). ‘‘(2) ELIGIBLE ESSENTIAL AIR SERVICE COMMU- SEC. 303. DOT STUDY OF COMPETITION AND AC- ‘‘Sec. 41785. Authorization of appropria- NITY.—The term ‘eligible essential air service CESS PROBLEMS AT LARGE AND ME- tions. DIUM HUB AIRPORTS. community’ means an eligible place that— ‘‘§ 41781. Purposes ‘‘(A) submits an application to the Secretary (a) IN GENERAL.—The Secretary of Transpor- ‘‘The purposes of this subchapter are— tation shall study competition and airline access in such form, at such time, and containing such ‘‘(1) to enable essential air service commu- problems at hub airports (as defined in section information as the Secretary may require, in- nities to increase boardings and the level of pas- 41731(a)(3)) of title 49, United States Code, and cluding a detailed marketing plan, or specifica- senger usage of airport facilities at an eligible medium hub airports (as defined in section tions for the development of such a plan, to in- place by providing technical, financial, and 41714(h)(9) of that title). In the study, the Sec- crease average boardings, or the level of pas- other marketing assistance to such communities retary shall examine, among other matters— senger usage, at its airport facilities; and and to States; ‘‘(B) provides assurances, satisfactory to the (1) gate usage and availability; and ‘‘(2) to reduce subsidy costs under subchapter Secretary, that it is able to meet the non-Federal (2) the effects of the pricing of gates and other II of this chapter as a consequence of such in- funding requirements of section 41782(b)(1). facilities on competition and access. creased usage; and ‘‘(3) PASSENGER BOARDINGS.—The term ‘pas- (b) REPORT.—The Secretary shall transmit a ‘‘(3) to provide such communities with oppor- senger boardings’ has the meaning given that report of the Secretary’s findings and conclu- tunities to obtain, retain, and improve transpor- term by section 47102(10). sions together with any recommendations, in- tation services. ‘‘(4) SPONSOR.—The term ‘sponsor’ has the cluding legislative recommendations, the Sec- meaning given that term in section 47102(19). retary may have for improving competition and ‘‘§ 41782. Marketing program airline access at such airports to the Senate ‘‘(a) IN GENERAL.—The Secretary of Transpor- ‘‘§ 41785. Authorization of appropriations Committee on Commerce, Science, and Transpor- tation shall establish a marketing incentive pro- ‘‘There are authorized to be appropriated to tation and the House of Representatives Com- gram for eligible essential air service commu- the Secretary of Transportation $12,000,000 for

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7772 CONGRESSIONAL RECORD — SENATE June 12, 2003

each of fiscal years 2004 through 2007, not more essential air service provided under this sub- ‘‘(c) CODE-SHARING.—Under the pilot program than $200,000 per year of which may be used for chapter. established under subsection (a), the Secretary administrative costs.’’. ‘‘(4) EAS LOCAL PARTICIPATION PROGRAM.— is authorized to require air carriers providing (b) CONFORMING AMENDMENT.—The chapter ‘‘(A) IN GENERAL.—The Secretary of Transpor- service to participating communities and major analysis for chapter 417 of such title is amended tation shall establish a pilot program under air carriers (as defined in section 41716(a)(2)) by inserting after the item relating to section which designated essential air service commu- serving large hub airports (as defined in section 41767 the following: nities located in proximity to hub airports are 41731(a)(3)) to participate in multiple code-share ‘‘SUBCHAPTER IV—MARKETING INCENTIVE required to assume 10 percent of their essential arrangements consistent with normal industry PROGRAM air service subsidy costs for a 3-year period. practice whenever and wherever the Secretary ‘‘41781. Purpose. ‘‘(B) DESIGNATION OF COMMUNITIES.— determines that such multiple code-sharing ar- ‘‘(i) IN GENERAL.—The Secretary may not des- ‘‘41782. Marketing program. rangements would improve air transportation ‘‘41783. State marketing assistance. ignate any community under this paragraph services. The Secretary may not require air car- ‘‘41784. Definitions. unless it is located within 100 miles by road of riers to participate in such arrangements under ‘‘41785. Authorization of appropriations.’’. a hub airport and is not located in a noncontig- this subsection for more than 10 such commu- uous State. In making the designation, the Sec- SEC. 353. PILOT PROGRAMS. nities. retary may take into consideration the total ‘‘(d) TRACK SERVICE.—The Secretary shall re- (a) IN GENERAL.—Subchapter II of chapter 417 traveltime between a community and the nearest quire essential air service providers to track of title 49, United States Code, is amended by hub airport, taking into account terrain, traffic, changes in service, including on-time arrivals adding at the end the following: weather, road conditions, and other relevant and departures. ‘‘§ 41745. Other pilot programs factors. ‘‘(e) ADMINISTRATIVE PROVISIONS.—In order to ‘‘(a) IN GENERAL.—If the entire amount au- ‘‘(ii) ONE COMMUNITY PER STATE.—The Sec- participate in a pilot program established under thorized to be appropriated to the Secretary of retary may not designate— this section, the airport sponsor for a commu- Transportation by section 41785 is appropriated ‘‘(I) more than 1 community per State under nity or consortium of communities shall submit for fiscal years 2004 through 2007, the Secretary this paragraph; or an application to the Secretary in such form, at of Transportation shall establish pilot programs ‘‘(II) a community in a State in which another such time, and containing such information as that meet the requirements of this section for im- community that is eligible to participate in the the Secretary may require.’’. proving service to communities receiving essen- essential air service program has elected not to (b) CONFORMING AMENDMENT.—The chapter tial air service assistance under this subchapter participate in the essential air service program. analysis for chapter 417 of such title is amended or consortia of such communities. ‘‘(C) APPEAL OF DESIGNATION.—A community by inserting after the item relating to section ‘‘(b) PROGRAMS AUTHORIZED.— may appeal its designation under this section. 41744 the following: ‘‘(1) COMMUNITY FLEXIBILITY.—The Secretary The Secretary may withdraw the designation of ‘‘41745. Other pilot programs.’’. shall establish a pilot program for not more than a community under this paragraph based on— SEC. 354. EAS PROGRAM AUTHORITY CHANGES. 10 communities or consortia of communities ‘‘(i) the airport sponsor’s ability to pay; or (a) RATE RENEGOTIATION.—If the Secretary of under which the airport sponsor of an airport ‘‘(ii) the relative lack of financial resources in Transportation determines that essential air serving the community or consortium may elect a community, based on a comparison of the me- service providers are experiencing significantly to forego any essential air service assistance dian income of the community with other com- increased costs of providing service under sub- under preceding sections of this subchapter for munities in the State. chapter II of chapter 417 of title 49, United ‘‘(D) NON-FEDERAL SHARE.— a 10-year period in exchange for a grant from States Code, the Secretary of Transportation ‘‘(i) NON-FEDERAL AMOUNTS.—For purposes of may increase the rates of compensation payable the Secretary equal in value to twice the annual this section, the non-Federal portion of the es- under that subchapter within 30 days after the essential air service assistance received for the sential air service subsidy may be derived from date of enactment of this Act without regard to most recently ended calendar year. Under the contributions in kind, or through reduction in any agreements or requirements relating to the program, and notwithstanding any provision of the amount of the essential air service subsidy renegotiation of contracts. For purposes of this law to the contrary, the Secretary shall make a through reduction of air carrier costs, increased subsection, the term ‘‘significantly increased grant to each participating sponsor for use by ridership, pre-purchase of tickets, or other costs’’ means an average monthly cost increase the recipient for any project that— means. The Secretary shall provide assistance to ‘‘(A) is eligible for assistance under chapter of 10 percent or more. designated communities in identifying potential 471; (b) RETURNED FUNDS.—Notwithstanding any means of reducing the amount of the subsidy ‘‘(B) is located on the airport property; or provision of law to the contrary, any funds without adversely affecting air transportation ‘‘(C) will improve airport facilities in a way made available under subchapter II of chapter service to the community. that would make such facilities more usable for 417 of title 49, United States Code, that are re- ‘‘(ii) APPLICATION WITH OTHER MATCHING RE- general aviation. turned to the Secretary by an airport sponsor QUIREMENTS.—This section shall apply to the ‘‘(2) EQUIPMENT CHANGES.— because of decreased subsidy needs for essential Federal share of essential air service provided ‘‘(A) IN GENERAL.—The Secretary shall estab- air service under that subchapter shall remain this subchapter, after the application of any lish a pilot program for not more than 10 com- available to the Secretary and may be used by other non-Federal share matching requirements munities or consortia of communities under the Secretary under that subchapter to increase imposed by law. which, upon receiving a petition from the spon- the frequency of flights at that airport. ‘‘(E) ELIGIBILITY FOR OTHER PROGRAMS NOT sor of the airport serving the community or con- (c) SMALL COMMUNITY AIR SERVICE DEVELOP- AFFECTED.—Nothing in this paragraph affects MENT PILOT PROGRAM.—Section 41743(h) of such sortium, the Secretary shall authorize and re- the eligibility of a community or consortium of quest the essential air service provider for that title is amended by striking ‘‘an airport’’ and communities, an airport sponsor, or any other inserting ‘‘each airport’’. community or consortium to use smaller equip- person to participate in any program authorized TITLE IV—AVIATION SECURITY ment to provide the service and to consider in- by this subchapter. A community designated creasing the frequency of service using such under this paragraph may participate in any SEC. 401. STUDY OF EFFECTIVENESS OF TRANS- smaller equipment. Before granting any such program (including pilot programs) authorized PORTATION SECURITY SYSTEM. (a) IN GENERAL.—The Secretary of Homeland petition, the Secretary shall determine that pas- by this subchapter for which it is otherwise eli- Security shall study the effectiveness of the senger safety would not be compromised by the gible— use of such smaller equipment. ‘‘(i) without regard to any limitation on the aviation security system, including the air mar- ‘‘(B) ALTERNATIVE SERVICES.—For any 3 number of communities that may participate in shal program, hardening of cockpit doors, and aiport sponsors participating in the program es- that program; and security screening of passengers, checked bag- tablished under subparagraph (A), the Secretary ‘‘(ii) without reducing the number of other gage, and cargo. may establish a pilot program under which— communities that may participate in that pro- (b) REPORT.—The Secretary shall transmit a ‘‘(i) the Secretary provides 100 percent Federal gram. report of the Secretary’s findings and conclu- funding for reasonable levels of alternative ‘‘(F) SECRETARY TO REPORT TO CONGRESS ON sions together with any recommendations, in- transportation services from the eligible place to IMPACT.—The Secretary shall transmit a report cluding legislative recommendations, the Sec- the nearest hub airport or small hub airport; to the Senate Committee on Commerce, Science, retary may have for improving the effectiveness ‘‘(ii) the Secretary will authorize the sponsor and Transportation and the House of Rep- of aviation security to the Senate Committee on to use its essential air service subsidy funds pro- resentatives Committee on Transportation and Commerce, Science, and Transportation and the vided under preceding sections of this sub- Infrastructure on— House of Representatives Committee on Trans- chapter for any airport-related project that ‘‘(i) the economic condition of communities portation and Infrastructure within 6 months would improve airport facilities; and designated under this paragraph before their after the date of enactment of this Act. In the ‘‘(iii) the sponsor may make an irrevocable designation; report the Secretary shall also describe any re- election to terminate its participation in the ‘‘(ii) the impact of designation under this deployment of Transportation Security Adminis- pilot program established under this paragraph paragraph on such communities at the end of tration resources based on those findings and after 1 year. each of the 3 years following their designation; conclusions. The Secretary may submit the re- ‘‘(3) COST-SHARING.—The Secretary shall es- and port to the Committees in classified and redacted tablish a pilot program under which the spon- ‘‘(iii) the impact of designation on air traffic form. sors of airports serving a community or consor- patterns affecting air transportation to and SEC. 402. AVIATION SECURITY CAPITAL FUND. tium of communities share the cost of providing from communities designated under this para- (a) IN GENERAL.—There is established within air transportation service greater than the basic graph. the Department of Transportation a fund to be

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7773 known as the Aviation Security Capital Fund. SEC. 404. ARMED FORCES CHARTERS. Airspace System, as determined by the Sec- The first $500,000,000 derived from fees received Section 132 of the Aviation and Transpor- retary, including a public-use airport or a joint under section 44940(a)(1) of title 49, United tation Security Act (49 U.S.C. 44903 note) is venture between a public-use airport and one or States Code, in each of fiscal years 2004, 2005, amended by adding at the end the following: more air carriers. and 2006 shall be available to the Fund. The ‘‘(c) EXEMPTION FOR ARMED FORCES CHAR- ‘‘(f) TRANSFERS OF EQUIPMENT.—Notwith- Under Secretary of Homeland Security for Bor- TERS.— standing any other provision of law, and upon der and Transportation Security shall impose ‘‘(1) IN GENERAL.—Subsections (a) and (b) of agreement by the Administrator of the Federal the fee authorized by section 44940(a)(1) of such this section, and chapter 449 of title 49, United Aviation Administration, project sponsors may title so as to collect at least $500,000,000 in each States Code, do not apply to passengers and transfer, without consideration, to the Federal of fiscal years 2004, 2005, and 2006 for deposit property carried by aircraft when employed to Aviation Administration, facilities, equipment, into the fund. Amounts in the fund shall be al- provide charter transportation to members of the or automation tools, the purchase of which was located in such a manner that— armed forces. assisted by a grant made under this section, if (1) 40 percent shall be made available for hub ‘‘(2) IN GENERAL.—The Secretary of Defense, such facilities, equipment or tools meet Federal airports; in consultation with the Secretary of Homeland Aviation Administration operation and mainte- (2) 20 percent shall be made available for me- Security and the Secretary of Transportation, nance criteria. dium hub airports; shall establish security procedures relating to ‘‘(g) GUIDELINES.—The Administrator shall (3) 15 percent shall be made available for small the operation of aircraft when employed to pro- issue advisory guidelines on the implementation hub airports and non-hub airports; and vide charter transportation to members of the of the program, which shall not be subject to ad- (4) 25 percent shall be distributed by the Sec- armed forces to or from an airport described in ministrative rulemaking requirements under retary on the basis of aviation security risks. section 44903(c) of title 49, United States Code. subchapter II of chapter 5 of title 5.’’. (b) PURPOSE.—Amounts in the Fund shall be ‘‘(3) ARMED FORCES DEFINED.—In this sub- (b) CONFORMING AMENDMENT.—The chapter available to the Secretary of Transportation, section, the term ‘armed forces’ has the meaning analyses for chapter 445 is amended by adding after consultation with the Under Secretary of given that term by section 101(a)(4) of title 10, at the end the following: Homeland Security for Border and Transpor- United States Code.’’. ‘‘44517. Program to permit cost-sharing of air tation Security to provide financial assistance to TITLE V—MISCELLANEOUS traffic modernization projects.’’. airport sponsors to defray capital investment in transportation security at airport facilities in SEC. 501. EXTENSION OF WAR RISK INSURANCE SEC. 503. COUNTERFEIT OR FRAUDULENTLY REP- RESENTED PARTS VIOLATIONS. accordance with the provisions of this section. AUTHORITY. Section 44726(a)(1) is amended— The program shall be administered in concert (a) EXTENSION OF POLICIES.—Section (1) by striking ‘‘or’’ after the semicolon in sub- with the airport improvement program under 44302(f)(1) is amended by striking ‘‘2004,’’ each paragraph (A); chapter 417 of title 49, United States Code. place it appears and inserting ‘‘2006,’’. XTENSION OF IABILITY IMITATION (2) by redesignating subparagraph (B) as sub- (c) APPORTIONMENT.—Amounts made avail- (b) E L L .— able under subsection (a)(1), (a)(2), or (a)(3) Section 44303(b) is amended by striking ‘‘2004,’’ paragraph (D); (3) by inserting after subparagraph (A) the shall be apportioned among the airports in each and inserting ‘‘2006,’’. following: category in accordance with a formula based on (c) EXTENSION OF AUTHORITY.—Section 44310 ‘‘(B) who knowingly, and with intent to de- the ratio that passenger emplanements at each is amended by striking ‘‘2004.’’ and inserting fraud, carried out or facilitated an activity pun- airport in the category bears to the total pas- ‘‘2006.’’. ishable under a law described in subparagraph senger emplanements at all airports in the that SEC. 502. COST-SHARING OF AIR TRAFFIC MOD- (A); category. ERNIZATION PROJECTS. ‘‘(C) whose certificate is revoked under sub- (d) MATCHING REQUIREMENTS.— (a) IN GENERAL.—Chapter 445 is amended by (1) IN GENERAL.—Not less than the following adding at the end the following: section (b) of this section; or’’; and percentage of the costs of any project funded ‘‘§ 44517. Program to permit cost-sharing of (4) by striking ‘‘convicted of such a viola- under this section shall be derived from non- air traffic modernization projects tion.’’ in subparagraph (D), as redesignated, Federal sources: and inserting ‘‘described in subparagraph (A), ‘‘(a) IN GENERAL.—Subject to the requirements (B) or (C).’’. (A) For hub airports and medium hub air- of this section, the Secretary may carry out a ports, 25 percent. program under which the Secretary may make SEC. 504. CLARIFICATIONS TO PROCUREMENT AU- THORITY. (B) For airports other than hub airports and grants to project sponsors for not more than 10 (a) UPDATE AND CLARIFICATION OF AUTHOR- medium hub airports, 10 percent. eligible projects per fiscal year for the purpose (2) USE OF BOND PROCEEDS.—In determining ITY.— of improving aviation safety and enhancing mo- the amount of non-Federal sources of funds, the (1) Section 40110(c) is amended to read as fol- bility of the Nation’s air transportation system proceeds of State and local bond issues shall not lows: by encouraging non-Federal investment in crit- be considered to be derived, directly or indi- ‘‘(c) DUTIES AND POWERS.—When carrying out ical air traffic control facilities and equipment. rectly, from Federal sources without regard to subsection (a) of this section, the Administrator ‘‘(b) FEDERAL SHARE.—The Federal share of of the Federal Aviation Administration may— the Federal income tax treatment of interest and the cost of an eligible project carried out under ‘‘(1) notwithstanding section 1341(a)(1) of title principal of such bonds. the program shall not exceed 33 percent. The (e) LETTERS OF INTENT.—The Secretary of 31, lease an interest in property for not more non-Federal share of the cost of an eligible Transportation, or his delegate, may execute let- than 20 years; project shall be provided from non-Federal ters of intent to commit funding to airport spon- ‘‘(2) consider the reasonable probable future sources, including revenues collected pursuant sors from the Fund. use of the underlying land in making an award to section 40117 of this title. (f) CONFORMING AMENDMENTS.— for a condemnation of an interest in airspace; ‘‘(c) LIMITATION ON GRANT AMOUNTS.—No eli- (1) USE OF PASSENGER FEE FUNDS.—Section and gible project may receive more than $5,000,000 in 44940(a)(1) is amended by adding at the end the ‘‘(3) dispose of property under subsection Federal funds under the program. following: (a)(2) of this section, except for airport and air- ‘‘(d) FUNDING.—The Secretary shall use ‘‘(H) The costs of security-related capital im- way property and technical equipment used for amounts appropriated under section 48101(a) of provements at airports.’’. the special purposes of the Administration, only this title to carry out this program. (2) LIMITATION ON COLLECTION.—Section under sections 121, 123, and 126 and chapter 5 of ‘‘(e) DEFINITIONS.—In this section: 44940(d)(4) is amended by striking ‘‘Act.’’ and title 40.’’. ‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible inserting ‘‘Act or in section 402(a) of the Avia- (2) Section 40110(d)(1) is amended by striking project’ means a project relating to the Nation’s tion Investment and Revitalization Vision Act.’’. ‘‘implement, not later than January 1, 1996,’’ air traffic control system that is certified or ap- (g) DEFINITIONS.—Any term used in this sec- and inserting ‘‘implement’’. proved by the Administrator and that promotes tion that is defined or used in chapter 417 of (b) CLARIFICATION.—Section 106(f)(2)(A)(ii) is safety, efficiency, or mobility. Such projects may title 49 United States Code has the meaning amended by striking ‘‘property’’ and inserting include— given that term in that chapter. ‘‘property, services,’’. ‘‘(A) airport-specific air traffic facilities and SEC. 403. TECHNICAL AMENDMENTS RELATED TO equipment, including local area augmentation SEC. 505. JUDICIAL REVIEW. SECURITY-RELATED AIRPORT DE- Section 46110(c) is amended by adding at the VELOPMENT. systems, instrument landing systems, weather end the following: ‘‘Except as otherwise pro- (a) DEFINITION OF AIRPORT DEVELOPMENT.— and wind shear detection equipment, lighting vided in this subtitle, judicial review of an order Section 47102(3)(B) is amended— improvements, and control towers; (1) by inserting ‘‘and’’ after the semicolon in ‘‘(B) automation tools to effect improvements issued, in whole or in part, pursuant to this clause (viii); in airport capacity, including passive final ap- part, part B of this subtitle , or subsection (l) or (2) by striking ‘‘circular; and’’ in clause (ix) proach spacing tools and traffic management (s) of section 114 of this title, shall be in accord- and inserting ‘‘circular.’’; and advisory equipment; and ance with the provisions of this section.’’. (3) by striking clause (x). ‘‘(C) facilities and equipment that enhance SEC. 506. CIVIL PENALTIES. (b) IMPROVEMENT OF FACILITIES AND EQUIP- airspace control procedures, including consoli- (a) INCREASE IN MAXIMUM CIVIL PENALTY.— MENT.—Section 301(a) of the Federal Aviation dation of terminal radar control facilities and Section 46301(a) is amended— Reauthorization Act of 1996 (49 U.S.C. 44901 equipment, or assist in en route surveillance, in- (1) by striking ‘‘$1,000’’ in paragraph (1) and note) is amended by striking ‘‘travel.’’ and in- cluding oceanic and offshore flight tracking. inserting ‘‘$25,000’’; serting ‘‘travel if the improvements or equipment ‘‘(2) PROJECT SPONSOR.—The term ‘project (2) by striking ‘‘or’’ the last time it appears in will be owned and operated by the airport.’’. sponsor’ means any major user of the National paragraph (1)(A);

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7774 CONGRESSIONAL RECORD — SENATE June 12, 2003

(3) by striking ‘‘section )’’ in paragraph (iv) by striking ‘‘NEWLY AVAILABLE’’ in the velopment. Making these projects eligible for (1)(A), and inserting ‘‘section), or section caption of subsection (f)(3) and inserting ‘‘RE- funding in addition to those projects that are al- 47133’’; STORED’’; ready eligible under section 47102(3)(F) is in- (4) by striking paragraphs (2), (3), (6), and (7) (v) by striking ‘‘newly available under section tended to support those projects that, at the and redesignating paragraphs (4), (5), and (8) as 48103 of this title,’’ in subsection (f)(3)(A) and time of execution, may not be required by the paragraphs (2), (3), and (4), respectively; and inserting ‘‘subject to apportionment,’’; Clean Air Act (42 U.S.C. 7501 et seq.), but may (5) by striking ‘‘paragraphs (1) and (2)’’ in (vi) by striking ‘‘made available under section be needed in the future. paragraph (4), as redesignated, and inserting 48103 for such obligations for such fiscal year.’’ (b) ACTIVITIES ADDED TO DEFINITION OF ‘‘AIR- ‘‘paragraph (1)’’. in subsection (f)(4) and inserting ‘‘subject to ap- PORT DEVELOPMENT’’.—Section 47102(3) is (b) INCREASE IN LIMIT ON ADMINISTRATIVE AU- portionment.’’; and amended by adding at the end the following: THORITY AND CIVIL PENALTY.—Section 46301(d) (vii) by striking ‘‘enacted after September 3, ‘‘(K) work necessary to construct or modify is amended— 1982,’’ in subsection (g). airport facilities to provide low-emission fuel (1) by striking ‘‘$50,000;’’ in paragraph (4)(A) (b) RECOVERED FUNDS.—Section 47117 is systems, gate electrification, and other related by inserting ‘‘$50,000, if the violation occurred amended by adding at the end the following: air quality improvements at a commercial service before the date of enactment of the Aviation Au- ‘‘(g) CREDITING OF RECOVERED FUNDS.—For airport, if the airport is located in an air quality thorization Act of 2003, or $1,000,000, if the vio- the purpose of determining compliance with a nonattainment or maintenance area (as defined lation occurred on or after that date;’’; and limitation on the amount of grant obligations in sections 171(2) and 175(A) of the Clean Air (2) by striking ‘‘$50,000.’’ in paragraph (8) and that may be incurred in a fiscal year imposed by Act (42 U.S.C. 7501(2), 7505a) and if such project inserting ‘‘$50,000, if the violation occurred be- an appropriations Act, an amount that is recov- will result in an airport receiving appropriate fore the date of enactment of the Aviation Au- ered by canceling or reducing a grant obliga- emission credits, as described in section 47139 of thorization Act of 2003, or $1,000,000, if the vio- tion— this title. The Secretary, in consultation with lation occurred on or after that date.’’. ‘‘(1) shall be treated as a negative obligation the Administrator of the Environmental Protec- SEC. 507. MISCELLANEOUS AMENDMENTS. that is to be netted against the gross obligation tion Agency, shall issue guidance describing eli- limitation, and gible low-emission modifications and improve- (a) AMOUNTS SUBJECT TO APPORTIONMENT ‘‘(2) may permit the gross limitation to be ex- ments and stating how airport sponsors will UNDER CHAPTER 471.— ceeded by an equal amount.’’. demonstrate benefits. (1) IN GENERAL.—Section 47102 is amended— IRPORT SAFETY DATA COLLECTION.—Sec- ‘‘(L) a project for the acquisition or conver- (A) by striking paragraph (6) and inserting (c) A sion of vehicles and ground support equipment, the following: tion 47130 is amended to read as follows: owned by a commercial service airport, to low- ‘‘(6) ‘amount newly made available’ means the ‘‘§ 47130. Airport safety data collection emission technology, if the airport is located in amount newly made available under section ‘‘Notwithstanding any other provision of law, an air quality nonattainment or maintenance 48103 of this title as an authorization for grant the Administrator of the Federal Aviation Ad- area (as defined in sections 171(2) and 175(A) of obligations for a fiscal year, as that amount ministration may award a contract, using sole the Clean Air Act (42 U.S.C. 7501(2), 7505a) and may be limited in that year by a provision in an source or limited source authority, or enter into if such project will result in an airport receiving appropriations Act, but as determined without a cooperative agreement with, or provide a appropriate emission credits as described in sec- regard to grant obligation recoveries made in grant from amounts made available under sec- tion 47139 of this title. The Secretary, in con- that year or amounts covered by section tion 48103 to, a private company or entity for sultation with the Administrator of the Environ- 47107(f).’’; and the collection of airport safety data. If a grant mental Protection Agency, shall issue guidance (B) by redesignating paragraphs (7) through is provided, the United States Government’s describing eligible low-emission vehicle tech- (20) as paragraphs (8) through (21), and insert- share of the cost of the data collection shall be nology and stating how airport sponsors will ing after paragraph (6) the following: 100 percent.’’. demonstrate benefits. For airport-owned vehicles ‘‘(7) ‘amount subject to apportionment’ means (d) STATUTE OF LIMITATIONS.—Section and equipment, the acquisition of which are not the amount newly made available, less the 47107(l)(5)(A) is amended by inserting ‘‘or any otherwise eligible for assistance under this sub- amount made available for the fiscal year for other governmental entity’’ after ‘‘sponsor’’. chapter, the incremental cost of equipping such administrative expenses under section 48105.’’. (e) AUDIT CERTIFICATION.—Section 47107(m) is vehicles or equipment with low-emission tech- (2) CONFORMING AMENDMENTS.— amended— nology shall be treated as eligible for assist- (A) Section 41742(b) is amended by striking (1) by striking ‘‘promulgate regulations that’’ ance.’’. ‘‘Notwithstanding section 47114(g) of this title, in paragraph (1) and inserting ‘‘include a provi- (c) LOW-EMISSION TECHNOLOGY DEFINED.— any’’ and inserting ‘‘Any’’. sion in the compliance supplement provisions Section 47102 is amended by redesignating para- (B) Section 47104(b) is amended to read as fol- to’’; graphs (10) through (20), as paragraphs (11) lows: (2) by striking ‘‘and opinion of the review’’ in through (21) respectively, and inserting after ‘‘(b) INCURRING OBLIGATIONS.—The Secretary paragraph (1); and paragraph (9) the following: may incur obligations to make grants from the (3) by striking paragraph (3). ‘‘(11) ‘low-emission technology’ means tech- amount subject to apportionment as soon as the (f) NOISE EXPOSURE MAPS.—Section 47503(a) nology for new vehicles and equipment whose apportionments required by sections 47114(c) is amended by striking ‘‘1985,’’ and inserting ‘‘a emission performance is the best achievable and (d)(2) of this title have been issued.’’. forecast year that is at least 5 years in the fu- under emission standards established by the En- (C) Section 47107(f)(3) is amended by striking ture,’’. vironmental Protection Agency and that relies ‘‘made available to the Secretary under section (g) CLARIFICATION OF APPLICABILITY OF PFCS exclusively on alternative fuels that are sub- 48103 of this title and’’ and inserting ‘‘subject to TO MILITARY CHARTERS.—Section 40117(e)(2) is stantially non-petroleum based, as defined by apportionment, and is’’. amended— the Department of Energy, but not excluding (D) Section 47114 is amended— (1) by striking ‘‘and’’ after the semicolon in hybrid systems.’’. (i) by striking subsection (a); subparagraph (D); (d) EMISSIONS CREDITS.— (ii) by striking ‘‘apportionment for that fiscal (2) by striking ‘‘passengers.’’ in subparagraph (1) IN GENERAL.—Subchapter I of chapter 471, year’’ in subsection (b) and inserting ‘‘appor- (E) and inserting ‘‘passengers; and’’; and as amended by section 206 of this Act, is further tionment’’; (3) by adding at the end the following: amended by adding at the end the following: (iii) by striking ‘‘total amount made available ‘‘(F) enplaning at an airport if the passenger ‘‘§ 47139. Emission credits for air quality under section 48103’’ in subsections (c)(2)(C), did not pay for the air transportation which re- projects sulted in such enplanement due to charter ar- (d)(3), and (e)(4) and inserting ‘‘amount subject ‘‘(a) IN GENERAL.—The Secretary and the Ad- rangements and payment by the United States to apportionment’’; ministrator of the Environmental Protection Department of Defense.’’. (iv) by striking ‘‘each fiscal year’’ in sub- Agency shall jointly agree on how to assure that section (c)(2)(A); and SEC. 508. LOW-EMISSION AIRPORT VEHICLES AND airport sponsors receive appropriate emission (v) by striking ‘‘for each fiscal year’’ in sub- INFRASTRUCTURE. credits for projects described in sections section (d)(2). (a) PURPOSE.—The purpose of this section is 40117(a)(3)(G), 47102(3)(K), or 47102(3)(L) of this (E) Subsection 47116(b) is amended by striking to permit the use of funds made available under title. The agreement must, at a minimum, in- ‘‘amounts are made available under section subchapter 471 to encourage commercial service clude provisions to ensure that— 48103 of this title’’ and inserting ‘‘an amount is airports in air quality nonattainment and main- ‘‘(1) the credits will be consistent with the subject to apportionment’’. tenance areas to undertake projects for gate Clean Air Act (42 U.S.C. 7402 et seq.); (F) Section 47117 is amended— electrification, acquisition or conversion of air- ‘‘(2) credits generated by the emissions reduc- (i) by striking ‘‘amounts are made available port vehicles and airport-owned ground support tions in criteria pollutants are kept by the air- under section 48103 of this title.’’ in subsection equipment to acquire low-emission technology, port sponsor and may be used for purposes of (a) and inserting ‘‘an amount is subject to ap- low-emission technology fuel systems, and other any current or future general conformity deter- portionment.’’; related air quality projects on a voluntary basis mination or as offsets under the New Source Re- (ii) by striking ‘‘a sufficient amount is made to improve air quality and more aggressively ad- view program; available under section 48103.’’ in subsection dress the constraints that emissions can impose ‘‘(3) there is national consistency in the way (f)(2)(A) and inserting ‘‘there is a sufficient on future aviation growth. Use of those funds is credits are calculated and are provided to air- amount subject to apportionment.’’; conditioned on airports receiving credits for ports; (iii) in subsection (f)(2)(B), by inserting ‘‘in’’ emissions reductions that can be used to miti- ‘‘(4) credits are provided to airport sponsors in before ‘‘the succeeding’’; gate the air quality effects of future airport de- a timely manner; and

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7775

‘‘(5) there is a method by which the Secretary (2) CONFORMING AMENDMENT.—The chapter (b) BEYOND-PERIMETER EXEMPTIONS.—Section can be assured that, for any specific project for analysis for chapter 471 is further amended by 41718(a) of title 49, United States Code, is which funding is being requested, the appro- inserting after the item relating to section 47139 amended by striking ‘‘12’’ and inserting ‘‘24’’. priate credits will be granted. the following: SEC. 514. AIR TRANSPORTATION OVERSIGHT SYS- ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.— ‘‘47140. Airport ground support equipment emis- TEM PLAN. ‘‘(1) IN GENERAL.—As a condition for making sions retrofit pilot program.’’. (a) IN GENERAL.—Within 90 days after the a grant for a project described in section date of enactment of this Act, the Administrator 47102(3)(K), 47102(3)(L), or 47140 of this title, or SEC. 509. LOW-EMISSION AIRPORT VEHICLES AND GROUND SUPPORT EQUIPMENT. of the Federal Aviation Administration shall as a condition for granting approval to collect transmit to the Senate Committee on Commerce, Section 40117(a)(3) is amended by inserting at or use a passenger facility fee for a project de- Science, and Transportation and the House of the end the following: scribed in sections 40117(a)(3)(G), 47102(3)(K), Representatives Committee on Transportation ‘‘(G) A project for the acquisition or conver- 47102(3)(L), or 47140 of this title, the Secretary and Infrastructure an action plan, with an im- sion of ground support equipment or airport- must receive assurance from the State in which plementation schedule— the project is located, or from the Administrator owned vehicles used at a commercial service air- (1) to provide adequate oversight of repair sta- of the Environmental Protection Agency where port with, or to, low-emission technology or tions (known as Part 145 repair stations) and there is a Federal Implementation Plan, that the cleaner burning conventional fuels, or the retro- ensure that Administration-approved repair sta- airport sponsor will receive appropriate emission fitting of such equipment or vehicles that are tions outside the United States are subject to the credits in accordance with the conditions of this powered by a diesel or gasoline engine with same level of oversight and quality control as subsection. emission control technologies certified or verified those located in the United States; and ‘‘(2) CREDITS FOR CERTAIN EXISTING by the Environmental Protection Agency to re- (2) for addressing problems with the Air PROJECTS.—The Secretary and the Adminis- duce emissions, if the airport is located in an air Transportation Oversight System that have been trator of the Environmental Protection Agency quality nonattainment or maintenance area (as identified in reports by the Comptroller General shall jointly agree on how to provide emission defined in sections 171(2) and 175(A) of the and the Inspector General of the Department of credits to projects previously approved under Clean Air Act (42 U.S.C. 7501(2), 7505a), and if Transportation. section 47136 of this title during fiscal years 2001 such project will result in an airport receiving (b) PLAN REQUIREMENTS.—The plan trans- through 2003, under terms consistent with this appropriate emission credits as described in sec- mitted by the Administrator under subsection section.’’. tion 47139 of this title. The Secretary, in con- (a)(2) shall set forth the action the Administra- (2) CONFORMING AMENDMENT.—The chapter sultation with the Administrator of the Environ- tion will take under the plan— analysis for chapter 471 is amended by inserting mental Protection Agency, shall issue guidance (1) to develop specific, clear, and meaningful after the item relating to section 47138 the fol- for eligible projects and for how benefits must be inspection checklists for the use of Administra- lowing: demonstrated. The eligible cost is limited to the tion aviation safety inspectors and analysts; incremental amount that exceeds the cost of ac- (2) to provide adequate training to Adminis- ‘‘47139. Emission credits for air quality quiring other vehicles or equipment that are not tration aviation safety inspectors in system safe- projects.’’. low-emission and would be used for the same ty concepts, risk analysis, and auditing; (e) AIRPORT GROUND SUPPORT EQUIPMENT purpose, or to the cost of low-emission retro- (3) to ensure that aviation safety inspectors EMISSIONS RETROFIT PILOT PROGRAM.— fitting. For purposes of this paragraph, the term with the necessary qualifications and experience (1) IN GENERAL.—Subchapter I of chapter 471 ‘‘ground support equipment’’ means service and are physically located where they can satisfy is further amended by adding at the end the fol- maintenance equipment used at an airport to the most important needs; lowing: support aeronautical operations and related ac- (4) to establish strong national leadership for ‘‘§ 47140. Airport ground support equipment tivities.’’. the Air Transportation Oversight System and to emissions retrofit pilot program SEC. 510. PACIFIC EMERGENCY DIVERSION AIR- ensure that the System is implemented consist- ‘‘(a) IN GENERAL.—The Secretary of Transpor- PORT. ently across Administration field offices; and tation shall carry out a pilot program at not (a) IN GENERAL.—The Secretary of Transpor- (5) to extend the Air Transportation Oversight more than 10 commercial service airports under tation shall enter into a memorandum of under- System beyond the 10 largest air carriers, so it which the sponsors of such airports may use an standing with the Secretaries of Defense, the In- governs oversight of smaller air carriers as well. amount subject to apportionment to retrofit ex- terior, and Homeland Security to facilitate the SEC. 515. NATIONAL SMALL COMMUNITY AIR isting eligible airport ground support equipment sale of aircraft fuel on Midway Island, so that SERVICE DEVELOPMENT OMBUDS- MAN. which burns conventional fuels to achieve lower the revenue from the fuel sales can be used to (a) IN GENERAL.—Subchapter II of chapter emissions utilizing emission control technologies operate Midway Island Airport in accordance 417, as amended by section 353 of this Act, is certified or verified by the Environmental Pro- with Federal Aviation Administration airport amended by adding at the end the following: tection Agency. standards. The memorandum shall also address ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- the long term potential for promoting tourism as ‘‘§ 41746. National Small Community Air Serv- MENT OR MAINTENANCE AREAS.—A commercial a means of generating revenue to operate the ice Development Ombudsman service airport shall be eligible for participation airport. ‘‘(a) ESTABLISHMENT.—There is established in in the pilot program only if the airport is lo- (b) NAVIGATIONAL AIDS.—The Administrator the Department of Transportation the position cated in an air quality nonattainment or main- of the Federal Aviation Administration may of National Small Community Air Service Om- tenance area (as defined in sections 171(2) and support and be responsible for maintaining all budsman (in this section referred to as the ‘Om- 175(A) of the Clean Air Act (42 U.S.C. 7501(2), aviation-related navigational aids at Midway budsman’). The Secretary of Transportation 7505a)). Island Airport. shall appoint the Ombudsman. The Ombudsman ‘‘(c) SELECTION CRITERIA.—In selecting appli- SEC. 511. GULF OF MEXICO AVIATION SERVICE IM- shall report to the Secretary. cants for participation in the pilot program, the PROVEMENTS. ‘‘(b) PURPOSE.—The Ombudsman, in consulta- tion with officials from small communities in the Secretary shall give priority consideration to ap- (a) IN GENERAL.—The Secretary of Transpor- plicants that will achieve the greatest air qual- tation may develop and carry out a program de- United States, State aviation agencies, and ity benefits measured by the amount of emis- signed to expand and improve the safety, effi- State and local economic development agencies, sions reduced per dollar of funds expended ciency, and security of— shall develop strategies for retaining and en- under the pilot program. (1) air traffic control services provided to hancing the air service provided to small com- ‘‘(d) MAXIMUM AMOUNT.—Not more than aviation in the Gulf of Mexico area; and munities in the United States. ‘‘(c) OUTREACH.—The Ombudsman shall so- $500,000 may be expended under the pilot pro- (2) aviation-related navigational, low altitude licit and receive comments from small commu- gram at any single commercial service airport. communications and surveillance, and weather nities regarding strategies for retaining and en- ‘‘(e) GUIDELINES.—The Secretary, in consulta- services in that area. tion with the Administrator of the Environ- hancing air service, and shall act as a liaison (b) AUTHORIZATION OF APPROPRIATIONS.— between the communities and Federal agencies mental Protection Agency, shall establish guide- There are authorized to be appropriated to the for the purpose of developing such strategies.’’ lines regarding the types of retrofit projects eli- Secretary of Transportation such sums as may (b) CONFORMING AMENDMENT.—The chapter gible under this pilot program by considering re- be necessary to carry out this section for the 4 maining equipment useful life, amounts of emis- analysis for chapter 417 is amended by inserting fiscal year period beginning with fiscal year after the item relating to section 47145 the fol- sion reduction in relation to the cost of projects, 2004. and other factors necessary to carry out this lowing: section. The Secretary may give priority to SEC. 512. AIR TRAFFIC CONTROL COLLEGIATE ‘‘47146. National small community air service de- TRAINING INITIATIVE. ground support equipment owned by the airport velopment ombudsman.’’. and used for airport purposes. The Secretary of Transportation may use, from funds available to the Secretary and not SEC. 516. NATIONAL COMMISSION ON SMALL ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—For pur- COMMUNITY AIR SERVICE. otherwise obligated or expended, such sums as poses of this section, the term ‘eligible equip- (a) ESTABLISHMENT.—There is established a ment’ means ground service or maintenance may be necessary to carry out and expand the commission to be known as the ‘‘National Com- equipment that— Air Traffic Control Collegiate Training Initia- mission on Small Community Air Service’’ (in ‘‘(1) is located at the airport; tive. this section referred to as the ‘‘Commission’’). ‘‘(2) used to support aeronautical and related SEC. 513. INCREASE IN CERTAIN SLOTS. (b) MEMBERSHIP.— activities on the airport; and (a) IN GENERAL.—Section 41714(d)(1)(C) is (1) COMPOSITION.—The Commission shall be ‘‘(3) will remain in operation at the airport.’’. amended by striking ‘‘2’’ and inserting ‘‘3’’. composed of 9 members of whom—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7776 CONGRESSIONAL RECORD — SENATE June 12, 2003

(A) 3 members shall be appointed by the Sec- (i) OBTAINING OFFICIAL DATA.—The Commis- tion, operation, and maintenance of ground- retary; sion may secure directly from any department or based precision navigational aids for terrain- (B) 2 members shall be appointed by the Ma- agency of the United States information (other challenged airports. The program shall include jority Leader of the Senate; than information required by any statute of the provision for— (C) 1 member shall be appointed by the Minor- United States to be kept confidential by such de- (1) preventative and corrective maintenance ity Leader of the Senate; partment or agency) necessary for the Commis- for the life of each system of such aids; and (D) 2 members shall be appointed by the sion to carry out its duties under this section. (2) requisite staffing and resources for the Speaker of the House of Representatives; and Upon request of the Chairperson, the head of Federal Aviation Administration’s efficient (E) 1 member shall be appointed by the Minor- that department or agency shall furnish such maintenance of the program. ity Leader of the House of Representatives. nonconfidential information to the Commission. (b) AUTHORIZATION OF APPROPRIATIONS.— (2) QUALIFICATIONS.—Of the members ap- (j) TERMINATION.—The Commission shall ter- There are authorized to be appropriated to the pointed by the Secretary under paragraph minate on the 30th day following the date of Secretary of Transportation to carry out the (1)(A)— transmittal of the report under subsection (f). program established under subsection (a) such (A) 1 member shall be a representative of a re- (k) APPLICABILITY OF THE FEDERAL ADVISORY sums as may be necessary. gional airline; COMMITTEE ACT.—The Federal Advisory Com- (B) 1 member shall be a representative of an SEC. 520. STANDBY POWER EFFICIENCY PRO- mittee Act (5 U.S.C. App.) shall not apply to the GRAM. FAA-designated small-hub airport; and Commission. (a) ESTABLISHMENT.—The Secretary of Trans- (C) 1 member shall be a representative of a SEC. 517. TRAINING CERTIFICATION FOR CABIN portation, in cooperation with the Secretary of State aviation agency. CREW. Energy and, where applicable, the Secretary of (3) TERMS.—Members shall be appointed for Section 44935 is amended by adding at the end the life of the Commission. Defense, may establish a program to improve the the following: efficiency, cost-effectiveness, and environmental (4) VACANCIES.—A vacancy in the Commission ‘‘(g) TRAINING STANDARDS FOR CABIN CREW.— shall be filled in the manner in which the origi- ‘‘(1) IN GENERAL.—The Administrator shall es- performance of standby power systems at Fed- nal appointment was made. tablish standards for cabin crew training, con- eral Aviation Administration sites, including the (5) TRAVEL EXPENSES.—Members shall serve sistent with the Homeland Security Act of 2002, implementation of fuel cell technology. without pay but shall receive travel expenses, and the issuance of certification. The Adminis- (b) AUTHORIZATION OF APPROPRIATIONS.— including per diem in lieu of subsistence, in ac- trator shall require cabin crew members to com- There are authorized to be appropriated to the cordance with subchapter I of chapter 57 of title plete a cabin crew training courses approved by Secretary of Transportation such sums as may 5, United States Code. the Federal Aviation Administration and the be necessary for each of fiscal years 2004 (c) CHAIRPERSON.—The member appointed by Transportation Security Administration. through 2008 to carry out the provisions of this the Secretary under subsection (b)(2)(B) shall ‘‘(2) CERTIFICATION.— section. serve as the Chairperson of the Commission (in ‘‘(A) IN GENERAL.—The Administrator shall TITLE VI—SECOND CENTURY OF FLIGHT this section referred to as the ‘‘Chairperson’’). provide for the issuance of an appropriate cer- SEC. 601. FINDINGS. tificate to each individual who successfully com- (d) DUTIES.— The Congress finds the following: (1) STUDY.—The Commission shall undertake pletes such a course. (1) Since 1990, the United States has lost more a study of— ‘‘(B) CONTENTS.—The cabin crew certificate than 600,000 aerospace jobs. (A) the challenges faced by small communities shall— (2) Over the last year, approximately 100,000 in the United States with respect to retaining ‘‘(i) be numbered and recorded by the Admin- airline workers and aerospace workers have lost and enhancing their scheduled commercial air istrator of the Federal Aviation Administration; their jobs as a result of the terrorist attacks in service; and ‘‘(ii) contain the name, address, and descrip- the United States on September 11, 2001, and the (B) whether the existing Federal programs tion of the individual to whom the certificate is slowdown in the world economy. charged with helping small communities are issued; and (3) The United States has revolutionized the adequate for them to retain and enhance their ‘‘(iii) contain the name of the current air car- way people travel, developing new technologies existing air service. rier employer of the certificate holder; and aircraft to move people more efficiently and (2) ESSENTIAL AIR SERVICE COMMUNITIES.—In ‘‘(iv) contain terms the Administrator deter- conducting the study, the Commission shall pay mines are necessary to ensure safety in air com- more safely. particular attention to the state of scheduled merce, including terms that the certificate shall (4) Past Federal investment in aeronautics re- commercial air service in communities currently remain valid unless the Administrator suspends search and development have benefited the served by the Essential Air Service program. or revokes the certificate; and economy and national security of the United ‘‘(v) designate the type and model of aircraft (e) RECOMMENDATIONS.—Based on the results States and the quality of life of its citizens. on which the certificate holder cabin crew mem- of the study under subsection (d), the Commis- (5) The total impact of civil aviation on the ber has successfully completed all Federal Avia- sion shall make such recommendations as it con- United States economy exceeds $900 billion an- tion Administration and Transportation Secu- siders necessary to— nually—9 percent of the gross national prod- rity Administration required training in order to (1) improve the state of scheduled commercial uct—and 11 million jobs in the national work- be assigned duties on board such type and air service at small communities in the United force. Civil aviation products and services gen- model of aircraft. States, especially communities described in sub- erate a significant surplus for United States ‘‘(3) CABIN CREW DEFINED.—In this subsection, trade accounts, and amount to significant num- section (d)(2); and the term ‘cabin crew’ means individuals working (2) improve the ability of small communities to bers of America’s highly skilled, technologically in an aircraft cabin on board a transport cat- retain and enhance their existing air service. qualified work force. egory aircraft with 20 or more seats.’’. (f) REPORT.—Not later than 6 months after the (6) Aerospace technologies, products and serv- date on which initial appointments of members SEC. 518. AIRCRAFT MANUFACTURER INSURANCE. ices underpin the advanced capabilities of our (a) IN GENERAL.—Section 44302(f) is amended to the Commission are completed, the Commis- men and women in uniform and those charged by adding at the end the following: sion shall transmit to the President and Con- with homeland security. ‘‘(3) AIRCRAFT MANUFACTURERS.—The Sec- (7) Future growth in civil aviation increas- gress a report on the activities of the Commis- retary may offer to provide war and terrorism sion, including recommendations made by the ingly will be constrained by concerns related to insurance to aircraft manufacturers for loss or aviation system safety and security, aviation Commission under subsection (e). damage arising from the operation of an Amer- (g) COMMISSION PANELS.—The Chairperson system capabilities, aircraft noise, emissions, ican or foreign-flag aircraft, in excess of shall establish such panels consisting of mem- and fuel consumption. $50,000,000 in the aggregate or in excess of such bers of the Commission as the Chairperson de- (8) The United States is in danger of losing its other amounts of available primary insurance, termines appropriate to carry out the functions aerospace leadership to international competi- on such terms and conditions as the Secretary tors aided by persistent government interven- of the Commission. may prescribe.’’. OMMISSION ERSONNEL ATTERS tion. Many governments take their funding be- (h) C P M .— (b) CONFORMING AMENDMENTS.— yond basic technology development, choosing to (1) STAFF.—The Commission may appoint and (1) DEFINITION OF AIRCRAFT MANUFACTURER.— fix the pay of such personnel as it considers ap- Section 44301 is amended by adding at the end fund product development and often bring the propriate. the following: product to market, even if the products are not (2) STAFF OF FEDERAL AGENCIES.—Upon re- ‘‘(3) ‘aircraft manufacturer’ means any com- fully commercially viable. Moreover, inter- quest of the Chairperson, the head of any de- pany or other business entity the majority own- national competitors have recognized the impor- partment or agency of the United States may de- ership and control of which is by United States tance of noise, emission, fuel consumption, and tail, on a reimbursable basis, any of the per- citizens that manufactures aircraft or aircraft constraints of the aviation system and have es- sonnel of that department or agency to the Com- engines.’’. tablished aggressive agendas for addressing mission to assist it in carrying out its duties (2) COVERAGE.—Section 44304(a) is amended each of these concerns. under this section. by adding at the end the following: (9) Efforts by the European Union, through a (3) OTHER STAFF AND SUPPORT.—Upon the re- ‘‘(6) war and terrorism losses or damages of an variety of means, will challenge the United quest of the Commission, or a panel of the Com- aircraft manufacturer arising from the oper- States’ leadership position in aerospace. A re- mission, the Secretary shall provide the Commis- ation of an American or foreign-flag aircraft.’’. cent report outlined the European Union’s goal sion or panel with professional and administra- SEC. 519. GROUND-BASED PRECISION NAVIGA- of becoming the world’s leader in aviation and tive staff and other support, on a reimbursable TIONAL AIDS. aeronautics by the end of 2020, utilizing better basis, to assist the Commission or panel in car- (a) IN GENERAL.—The Secretary of Transpor- coordination among research programs, plan- rying out its responsibilities. tation may establish a program for the installa- ning, and funding to accomplish this goal.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7777 (10) Revitalization and coordination of the port to the Senate Committee on Commerce, (C) ensure integration of civil and military United States’ efforts to maintain its leadership Science, and Transportation and the House of system requirements, balancing safety, security, in aviation and aeronautics are critical and Representatives Committee on Transportation and efficiency, in order to leverage Federal must begin now. and Infrastructure on the status of the estab- funding; (11) A recent report by the Commission on the lishment of the Office of Aerospace and Avia- (D) utilize modeling, simulation, and analyt- Future of the United States Aerospace Industry tion Liaison, including the name of the program ical tools to quantify and validate system per- outlined the scope of the problems confronting manager, the list of staff from each partici- formance and benefits; the aerospace and aviation industries in the pating department or agency, names of the na- (E) develop a transition plan, including nec- United States and found that— tional team participants, and the schedule for essary regulatory aspects, that ensures oper- (A) Aerospace will be at the core of America’s future actions. ational achievability for system operators; leadership and strength throughout the 21st (2) PLAN.—The Office shall submit to the Sen- (F) develop transition requirements for ongo- century; ate Committee on Commerce, Science, and ing modernization programs, if necessary; Transportation and the House of Representa- (B) Aerospace will play an integral role in our (G) develop a schedule for aircraft equipment tives Committee on Science a plan for imple- economy, our security, and our mobility; and implementation and appropriate benefits and in- menting paragraphs (1) and (2) of subsection (b) (C) global leadership in aerospace is a na- centives to make that schedule achievable; and and a proposed budget for implementing the tional imperative. (H) assess, as part of its function within the (12) Despite the downturn in the global econ- plan. (3) ANNUAL REPORT.—The Office shall submit Office of Aeronautical and Aviation Liaison, omy, Federal Aviation Administration projec- the technical readiness of appropriate research tions indicate that upwards of 1 billion people to the Senate Committee on Commerce, Science, and Transportation, the House of Representa- technological advances for integration of such will fly annually by 2013. Efforts must begin research and advances into the plan. now to prepare for future growth in the number tives Committee on Transportation and Infra- structure, and the House of Representatives (c) AUTHORIZATION OF APPROPRIATIONS.— of airline passengers. There are authorized to be appropriated to the (13) The United States must increase its in- Committee on Science an annual report that— (A) contains a unified budget that combines Administrator of the Federal Aviation Adminis- vestment in research and development to revi- the budgets of each program coordinated by the tration $300,000,000 for the period beginning talize the aviation and aerospace industries, to Office; and with fiscal year 2004 and ending with fiscal year create jobs, and to provide educational assist- (B) describes the coordination activities of the 2010 to carry out this section. ance and training to prepare workers in those Office during the preceding year. industries for the future. SEC. 623. REPORT ON CERTAIN MARKET DEVEL- (e) AUTHORIZATION OF APPROPRIATIONS.— OPMENTS AND GOVERNMENT POLI- (14) Current and projected levels of Federal There are authorized to be appropriated to the CIES. investment in aeronautics research and develop- Secretary of Transportation $2,000,000 for fiscal Within 6 months after the date of enactment ment are not sufficient to address concerns re- years 2004 and 2005 to carry out this section, of this Act, the Department of Transportation’s lated to the growth of aviation. such sums to remain available until expended. Office of Aerospace and Aviation liaison, in co- Subtitle A—The Office of Aerospace and SEC. 622. NATIONAL AIR TRAFFIC MANAGEMENT operation with appropriate Federal agencies, Aviation Liaison SYSTEM DEVELOPMENT OFFICE. shall submit to the Senate Committee on Com- SEC. 621. OFFICE OF AEROSPACE AND AVIATION (a) ESTABLISHMENT.—There is established merce, Science, and Transportation, the House LIAISON. within the Federal Aviation Administration a of Representatives Committee on Science, and (a) ESTABLISHMENT.—There is established National Air Traffic Management System Devel- the House of Representatives Committee on within the Department of Transportation an Of- opment Office, the head of which shall report Transportation and Infrastructure a report fice of Aerospace and Aviation Liaison. directly to the Administrator. about market developments and government (b) DEVELOPMENT OF NEXT GENERATION AIR (b) FUNCTION.—The Office shall— policies influencing the competitiveness of the TRAFFIC MANAGEMENT SYSTEM.— (1) coordinate aviation and aeronautics re- United States jet transport aircraft industry (1) IN GENERAL.—The Office shall develop a search programs to achieve the goal of more ef- next generation air traffic management system that— fective and directed programs that will result in plan for the United States that will— (1) describes the structural characteristics of applicable research; (A) transform the national airspace system to the United States and the European Union jet (2) coordinate goals and priorities and coordi- meet air transportation mobility, efficiency, and transport industries, and the markets for these nate research activities within the Federal Gov- capacity needs beyond those currently included industries; ernment with United States aviation and aero- in the Federal Aviation Administration’s oper- (2) examines the global market factors affect- nautical firms; ational evolution plan; ing the jet transport industries in the United (3) coordinate the development and utilization (B) result in a national airspace system that States and the European Union, such as pas- of new technologies to ensure that when avail- can safely and efficiently accommodate the senger and freight airline purchasing patterns, able, they may be used to their fullest potential needs of all users; the rise of low-cost carriers and point-to-point in aircraft and in the air traffic control system; (C) build upon current air traffic management service, the evolution of new market niches, and (4) facilitate the transfer of technology from and infrastructure initiatives; direct and indirect operating cost trends; research programs such as the National Aero- (D) improve the security, safety, quality, and (3) reviews government regulations in the nautics and Space Administration program es- affordability of aviation services; United States and the European Union that tablished under section 681 and the Department (E) utilize a system-of-systems, multi-agency have altered the competitive landscape for jet of Defense Advanced Research Projects Agency approach to leverage investments in civil avia- transport aircraft, such as airline deregulation, program to Federal agencies with operational tion, homeland security, and national security; certification and safety regulations, noise and (F) develop a highly integrated, secure archi- responsibilities and to the private sector; emissions regulations, government research and tecture to enable common situational awareness (5) review activities relating to noise, emis- development programs, advances in air traffic sions, fuel consumption, and safety conducted for all appropriate system users; and (G) ensure seamless global operations for sys- control and other infrastructure issues, cor- by Federal agencies, including the Federal porate and air travel tax issues, and industry Aviation Administration, the National Aero- tem users, to the maximum extent possible. (2) MULTI-AGENCY AND STAKEHOLDER INVOLVE- consolidation strategies; nautics and Space Administration, the Depart- MENT.—In developing the system, the Office (4) analyzes how changes in the global market ment of Commerce, and the Department of De- shall— and government regulations have affected the fense; (A) include staff from the Federal Aviation competitive position of the United States aero- (6) review aircraft operating procedures in- Administration, the National Aeronautics and space and aviation industry vis-a` -vis the Euro- tended to reduce noise and emissions, identify Space Administration, the Department of Home- pean Union aerospace and aviation industry; and coordinate research efforts on aircraft noise land Security, the Department of Defense, the and and emissions reduction, and ensure that air- Department of Commerce, and other Federal (5) describes any other significant develop- craft noise and emissions reduction regulatory agencies and departments determined by the ments that affect the market for jet transport measures are coordinated; and Secretary of Transportation to have an impor- aircraft. (7) work with the National Air Traffic Man- tant interest in, or responsibility for, other as- Subtitle B—Technical Programs agement System Development Office to coordi- pects of the system; and nate research needs and applications for the (B) consult with, and ensure participation by, SEC. 641. AEROSPACE AND AVIATION SAFETY next generation air traffic management system. the private sector (including representatives of WORKFORCE INITIATIVE. (c) PUBLIC-PRIVATE PARTICIPATION.—In car- general aviation, commercial aviation, and the (a) IN GENERAL.—The Administrator of the rying out its functions under this section, the space industry), members of the public, and National Aeronautics and Space Administration Office shall consult with, and ensure participa- other interested parties. and the Administrator of the Federal Aviation tion by, the private sector (including representa- (3) DEVELOPMENT CRITERIA AND REQUIRE- Administration shall establish a joint program tives of general aviation, commercial aviation, MENTS.—In developing the next generation air of competitive, merit-based grants for eligible and the space industry), members of the public, traffic management system plan under para- applicants to increase the number of students and other interested parties. graph (1), the Office shall— studying toward and completing technical train- (d) REPORTING REQUIREMENTS.— (A) develop system performance requirements; ing programs, certificate programs, and associ- (1) INITIAL STATUS REPORT.—Not later than 90 (B) select an operational concept to meet sys- ate’s, bachelor’s, master’s, or doctorate degrees days after the date of enactment of this Act, the tem performance requirements for all system in fields related to aerospace and aviation safe- Secretary of Transportation shall submit a re- users; ty.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7778 CONGRESSIONAL RECORD — SENATE June 12, 2003

(b) INCREASED PARTICIPATION GOAL.—In se- and the Administrator of the Federal Aviation (2) a listing of any additional research and lecting projects under this paragraph, the Direc- Administration shall develop a joint student development objectives that should be included tor shall consider means of increasing the num- loan program for fulltime students enrolled in in the program; ber of students studying toward and completing an undergraduate or post-graduate program (3) any modifications that will be necessary technical training and apprenticeship programs, leading to an advanced degree in an aerospace- for the program to achieve the program’s goals certificate programs, and associate’s or bach- related or aviation safety-related field of en- and objectives on schedule and within the pro- elor’s degrees in fields related to aerospace and deavor. posed level of resources; and aviation safety who are individuals identified in (b) INTERNSHIPS.—The Administrators may (4) an evaluation of the roles, if any, that section 33 or 34 of the Science and Engineering provide temporary internships to such students. should be played by other Federal agencies, Equal Opportunities Act (42 U.S.C. 1885a or (c) AUTHORIZATION OF APPROPRIATIONS.— such as the National Aeronautics and Space Ad- 1885b). (1) NASA.—There are authorized to be appro- ministration and the National Oceanic and At- (c) SUPPORTABLE PROJECTS.—The types of priated to the Administrator of the National mospheric Administration, in wake turbulence projects the Administrators may consider under Aeronautics and Space Administration such research and development, and how those ef- this paragraph include those that promote high sums as may be necessary for fiscal year 2004 to forts could be coordinated. quality— carry out this section. (b) REPORT.—A report containing the results (1) interdisciplinary teaching; (2) FAA.—There are authorized to be appro- of the assessment shall be provided to the Com- (2) undergraduate-conducted research; priated to the Administrator of the Federal mittee on Science of the House of Representa- (3) mentor relationships for students; Aviation Administration such sums as may be tives and to the Committee on Commerce, (4) graduate programs; necessary for fiscal year 2004 to carry out this Science, and Transportation of the Senate not (5) bridge programs that enable students at section. later than 1 year after the date of enactment of community colleges to matriculate directly into (g) REPORT, BUDGET, AND PLAN.—Within 180 this Act. baccalaureate aerospace and aviation safety re- days after the date of enactment of this Act, the (c) AUTHORIZATION OF APPROPRIATIONS.— lated programs; Administrators jointly shall submit to the Senate There are authorized to be appropriated to the (6) internships, including mentoring programs, Committee on Commerce, Science, and Transpor- Administrator of the Federal Aviation Adminis- carried out in partnership with the aerospace tation and the House of Representatives Com- tration $500,000 for fiscal year 2004 to carry out and aviation industry; mittee on Transportation and Infrastructure a this section. (7) technical training and apprenticeship that report setting forth— SEC. 664. CABIN AIR QUALITY RESEARCH PRO- prepares students for careers in aerospace man- (1) recommendations as to whether the pro- GRAM. In accordance with the recommendation of the ufacturing or operations; and gram authorized by this section should be ex- (8) innovative uses of digital technologies, tended for multiple years; National Academy of Sciences in its report enti- tled ‘‘The Airliner Cabin Environment and the particularly at institutions of higher education (2) a budget for such a multi-year program; Health of Passengers and Crew’’, the Federal that serve high numbers or percentages of eco- and Aviation Administration shall establish a re- nomically disadvantaged students. (3) a plan for conducting such a program. search program to address questions about im- (d) GRANTEE REQUIREMENTS.—In developing Subtitle C—FAA Research, Engineering, and grant requirements under this section, the Ad- Development proving cabin air quality of aircraft, including methods to limit airborne diseases. ministrators shall consider means, developed in SEC. 661. RESEARCH PROGRAM TO IMPROVE AIR- concert with applicants, of increasing the num- FIELD PAVEMENTS. SEC. 665. INTERNATIONAL ROLE OF THE FAA. ber of students studying toward and completing The Administrator of the Federal Aviation Section 40101(d) is amended by adding at the technical training and apprenticeship programs, Administration shall continue the program to end the following: ‘‘(8) Exercising leadership with the Adminis- certificate programs, and associate’s or bach- consider awards to nonprofit concrete and as- trator’s foreign counterparts, in the Inter- elor’s degrees in fields related to aerospace and phalt pavement research foundations to improve national Civil Aviation Organization and its aviation safety. the design, construction, rehabilitation, and re- subsidiary organizations, and other inter- (e) DEFINITIONS.—In this section: pair of rigid concrete airfield pavements to aid national organizations and fora, and with the (1) ELIGIBLE APPLICANT DEFINED.—The term in the development of safer, more cost-effective, ‘‘eligible applicant’’ means— and more durable airfield pavements. The Ad- private sector to promote and achieve global im- (A) an institution of higher education; ministrator may use grants or cooperative agree- provements in the safety, efficiency, and envi- (B) a consortium of institutions of higher edu- ments in carrying out this section. Nothing in ronmental effect of air travel.’’. cation; or this section requires the Administrator to SEC. 666. FAA REPORT ON OTHER NATIONS’ SAFE- TY AND TECHNOLOGICAL ADVANCE- (C) a partnership between— prioritize an airfield pavement research program (i) an institution of higher education or a con- MENTS. above safety, security, Flight 21, environment, The Administrator of the Federal Aviation sortium of such institutions; and or energy research programs. Administration shall review aviation and aero- (ii) a nonprofit organization, a State or local SEC. 662. ENSURING APPROPRIATE STANDARDS government, or a private company, with dem- nautical safety, and research funding and tech- FOR AIRFIELD PAVEMENTS. nological actions in other countries. The Admin- onstrated experience and effectiveness in aero- (a) IN GENERAL.—The Administrator of the space education. istrator shall submit a report to the Committee Federal Aviation Administration shall review on Science of the House of Representatives and (2) INSTITUTION OF HIGHER EDUCATION.—The and determine whether the Federal Aviation term ‘‘institution of higher education’’ has the to the Committee on Commerce, Science, and Administration’s standards used to determine Transportation of the Senate, together with any meaning given that term by subsection (a) of the appropriate thickness for asphalt and con- section 101 of the Higher Education Act of 1965 recommendations as to how such activities crete airfield pavements are in accordance with might be utilized in the United States. (20 U.S.C. 1001(a)), and includes an institution the Federal Aviation Administration’s standard described in subsection (b) of that section. SEC. 667. DEVELOPMENT OF ANALYTICAL TOOLS 20-year-life requirement using the most up-to- AND CERTIFICATION METHODS. (f) AUTHORIZATION OF APPROPRIATIONS.— date available information on the life of airfield (1) NASA.—There are authorized to be appro- The Federal Aviation Administration shall pavements. If the Administrator determines that conduct research to promote the development of priated to the Administrator of the National such standards are not in accordance with that Aeronautics and Space Administration such analytical tools to improve existing certification requirement, the Administrator shall make ap- methods and to reduce the overall costs for the sums as may be necessary for fiscal year 2004 to propriate adjustments to the Federal Aviation carry out this section. certification of new products. Administration’s standards for airfield pave- SEC. 668. PILOT PROGRAM TO PROVIDE INCEN- (2) FAA.—There are authorized to be appro- ments. priated to the Administrator of the Federal TIVES FOR DEVELOPMENT OF NEW (b) REPORT.—Within 1 year after the date of TECHNOLOGIES. Aviation Administration such sums as may be enactment of this Act, the Administrator shall (a) IN GENERAL.—The Administrator of the necessary for fiscal year 2004 to carry out this report the results of the review conducted under Federal Aviation Administration may conduct a section. subsection (a) and the adjustments, if any, limited pilot program to provide operating incen- (g) REPORT, BUDGET, AND PLAN.—Within 180 made on the basis of that review to the Senate tives to users of the airspace for the deployment days after the date of enactment of this Act, the Committee on Commerce, Science, and Transpor- of new technologies, including technologies to Administrators jointly shall submit to the Senate tation and the House of Representatives Com- facilitate expedited flight routing and sequenc- Committee on Commerce, Science, and Transpor- mittee on Transportation and Infrastructure. ing of take-offs and landings. tation and the House of Representatives Com- SEC. 663. ASSESSMENT OF WAKE TURBULENCE (b) AUTHORIZATION OF APPROPRIATIONS.— mittee on Transportation and Infrastructure a RESEARCH AND DEVELOPMENT PRO- There are authorized to be appropriated to the report setting forth— GRAM. Administrator $500,000 for fiscal year 2004. (1) recommendations as to whether the pro- (a) ASSESSMENT.—The Administrator of the SEC. 669. FAA CENTER FOR EXCELLENCE FOR AP- gram authorized by this section should be ex- Federal Aviation Administration shall enter into PLIED RESEARCH AND TRAINING IN tended for multiple years; an arrangement with the National Research THE USE OF ADVANCED MATERIALS (2) a budget for such a multi-year program; Council for an assessment of the Federal Avia- IN TRANSPORT AIRCRAFT. and tion Administration’s proposed wake turbulence (a) IN GENERAL.—The Administrator of the (3) a plan for conducting such a program. research and development program. The assess- Federal Aviation Administration shall develop a SEC. 642. SCHOLARSHIPS FOR SERVICE. ment shall include— Center for Excellence focused on applied re- (a) IN GENERAL.—The Administrator of the (1) an evaluation of the research and develop- search and training on the durability and main- National Aeronautics and Space Administration ment goals and objectives of the program; tainability of advanced materials in transport

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7779 airframe structures, including the use of poly- ‘‘(B) based on a certification of compliance Mr. MCCAIN. May I ask what the meric composites in large transport aircraft. The made by a design organization certificated pending Senate business is? Center shall— under subsection (a). The PRESIDING OFFICER. S. 824. (1) promote and facilitate collaboration among ‘‘(2) INVESTIGATION AND HEARING.—On receiv- Mr. MCCAIN. Mr. President, I thank academia, the Federal Aviation Administra- ing an application for a type certificate, the Ad- my colleagues, Senator HOLLINGS, Sen- tion’s Transportation Division, and the commer- ministrator shall investigate the application and cial aircraft industry, including manufacturers, may conduct a hearing. The Administrator shall ator LOTT, and Senator ROCKEFELLER, commercial air carriers, and suppliers; and make, or require the applicant to make, tests the for their hard work on this very impor- (2) establish goals set to advance technology, Administrator considers necessary in the inter- tant legislation. Senator LOTT and improve engineering practices, and facilitate est of safety.’’. Senator ROCKEFELLER held extensive continuing education in relevant areas of study. (c) REINSPECTION AND REEXAMINATION.—Sec- hearings in the Aviation Sub- (b) AUTHORIZATION OF APPROPRIATIONS.— tion 44709(a) is amended by inserting ‘‘design committee. They have come up with a There are authorized to be appropriated to the organization, production certificate holder,’’ product that has addressed many of the Administrator $500,000 for fiscal year 2004 to after ‘‘appliance,’’. concerns and very important issues as- carry out this section. (d) PROHIBITIONS.—Section 44711(a)(7) is SEC. 670. FAA CERTIFICATION OF DESIGN ORGA- amended by striking ‘‘agency’’ and inserting sociated with aviation. I believe what NIZATIONS. ‘‘agency, design organization certificate, ’’. they have done is a very agreeable (a) GENERAL AUTHORITY TO ISSUE CERTIFI- (e) CONFORMING AMENDMENTS.— product. CATES.—Section 44702(a) is amended by inserting (1) CHAPTER ANALYSIS.—The chapter analysis I note that our friends on the other ‘‘design organization certificates,’’ after ‘‘air- for chapter 447 is amended by striking the item side of the Capitol have completed man certificates,’’. relating to section 44704 and inserting the fol- their work on this bill, so if we could (b) DESIGN ORGANIZATION CERTIFICATES.— lowing: complete this legislation and go quick- (1) IN GENERAL.—Section 44704 is amended— ‘‘44704. Design organization certificates, type (A) by striking the section heading and insert- ly to conference, I think we could have certificates, production certifi- ing the following: this done pretty quickly. cates, and airworthiness certifi- I am pleased the Senate is now con- ‘‘§ 44704. Design organization certificates, cates.’’. type certificates, production certificates, sidering S. 824, the Aviation Invest- (2) CROSS REFERENCE.—Section 44715(a)(3) is and airworthiness certificates’’ ; ment and Revitalization Vision Act, (B) by redesignating subsections (a) through amended by striking ‘‘44704(a)’’ and inserting AIR–V. This legislation was introduced ‘‘44704(b)’’. (d) as subsections (b) through (e); by Senators LOTT HOLLINGS, ROCKE- (C) by inserting before subsection (b) the fol- SEC. 671. REPORT ON LONG TERM ENVIRON- FELLER, and myself on April 8, 2003, and lowing: MENTAL IMPROVEMENTS. ‘‘(a) DESIGN ORGANIZATION CERTIFICATES.— (a) IN GENERAL.—The Administrator of the approved by the Senate Commerce ‘‘(1) PLAN.—Within 3 years after the date of Federal Aviation Administration, in consulta- Committee on May 1, 2003. enactment of the Aviation Investment and Revi- tion with the Administrator of the National Aer- I don’t think that anyone could have talization Vision Act, the Administrator of the onautics and Space Administration and the predicted 100 years ago, when the Federal Aviation Administration shall submit a head of the Department of Transportation’s Of- Wright Brothers first flew their Wright plan to the Senate Committee on Commerce, fice of Aerospace and Aviation Liaison, shall Flyer over Kitty Hawk, NC, that air Science, and Transportation and the House of conduct a study of ways to reduce aircraft noise travel would become such a significant and emissions and to increase aircraft fuel effi- Representatives Committee on Transportation part of our Nation’s economy. Aviation and Infrastructure for the development and ciency. The study shall— oversight of a system for certification of design (1) explore new operational procedures for air- has evolved from the first controlled organizations under paragraph (2) that ensures craft to achieve those goals; flight that traveled about 120 feet, to a that the system meets the highest standards of (2) identify both near term and long term op- system that has reached more than 550 safety. tions to achieve those goals; million enplanements annually. Air ‘‘(2) IMPLEMENTATION OF PLAN.—Within 5 (3) identify infrastructure changes that would travel has revolutionized the world. We years after the date of enactment of the Avia- contribute to attainment of those goals; are becoming a global culture for tion Investment and Revitalization Vision Act, (4) identify emerging technologies that might which air travel has contributed sig- the Administrator of the Federal Aviation Ad- contribute to attainment of those goals; ministration may commence the issuance of de- (5) develop a research plan for application of nificantly. The United States has sign organization certificates under paragraph such emerging technologies, including new played a critical role in the explosion (3) to authorize design organizations to certify combuster and engine design concepts and in air travel, with nearly two-thirds of compliance with the requirements and minimum methodologies for designing high bypass ratio world aviation travelers taking off or standards prescribed under section 44701(a) for turbofan engines so as to minimize the effects on landing on U.S. soil. the type certification of aircraft, aircraft en- climate change per unit of production of thrust Mr. President, 4 years ago, the Con- gines, propellers, or appliances. and flight speed; and gress approved the Aviation Invest- ‘‘(3) ISSUANCE OF CERTIFICATES.—On receiving (6) develop an implementation plan for ex- ment Reform Act for the 21st Century, an application for a design organization certifi- ploiting such emerging technologies to attain cate, the Administrator shall examine and rate those goals. known as AIR–21. That reauthorization the design organization in accordance with the (b) REPORT.—The Administrator shall trans- measure provided for far reaching regulations prescribed by the Administrator to mit a report on the study to the Senate Com- changes to our Federal aviation poli- determine that the design organization has ade- mittee on Commerce, Science, and Transpor- cies, coupled with significant invest- quate engineering, design, and testing capabili- tation and the House of Representatives Com- ment in aviation. We increased airport ties, standards, and safeguards to ensure that mittee on Transportation and Infrastructure spending by significant amounts and the product being certificated is properly de- within 1 year after the date of enactment of this greatly improved our aviation system. signed and manufactured, performs properly, Act. At the same time, a great deal has hap- and meets the regulations and minimum stand- (c) AUTHORIZATION OF APPROPRIATIONS.— ards prescribed under that section. The Admin- There are authorized to be appropriated to the pened in aviation during the past few istrator shall include in a design organization Administrator of the Federal Aviation Adminis- years. The have gone through certificate terms required in the interest of safe- tration $500,000 for fiscal year 2004 to carry out several cycles of good and bad times. ty. this section. The tragic events of September 11, ‘‘(4) NO EFFECT ON POWER OF REVOCATION.— The PRESIDING OFFICER. The Sen- 2001, forced a major restructuring of Nothing in this subsection affects the authority ator from Mississippi. aviation transportation security. As a of the Secretary of Transportation to revoke a Mr. LOTT. Mr. President, I believe result of September 11 and other eco- certificate.’’; Senator MCCAIN will arrive momen- nomic factors, Congress has twice (D) by striking subsection (b), as redesignated, and inserting the following: tarily to manage this legislation. voted to provide the airline industry ‘‘(b) TYPE CERTIFICATES.— I suggest the absence of a quorum. aid totaling $8 billion in cash and the ‘‘(1) IN GENERAL.—The Administrator may The PRESIDING OFFICER. The potential for $11 billion in other bene- issue a type certificate for an aircraft, aircraft clerk will call the roll. fits. We have taken unprecedented ac- engine, or propeller, or for an appliance speci- The bill clerk proceeded to call the tions to help ensure the continued via- fied under paragraph (2)(A) of this subsection— roll. bility of the airlines. I recognize that ‘‘(A) when the Administrator finds that the Mr. MCCAIN. Mr. President, I ask intervening events have been the cause aircraft, aircraft engine, or propeller, or appli- ance is properly designed and manufactured, unanimous consent that the order for of many of the industry’s problems, performs properly, and meets the regulations the quorum call be rescinded. which is why I was a strong supporter and minimum standards prescribed under sec- The PRESIDING OFFICER. Without of these initiatives. However, I do be- tion 44701(a) of this title; or objection, it is so ordered. lieve that the industry must being to

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7780 CONGRESSIONAL RECORD — SENATE June 12, 2003 solve its own problems and not come ated in AIR-21 to incentivize commu- sources based on the results of the back to Congress when confronted with nities to take a greater ownership role study. new challenges. in their service. It also allows the com- For aviation modernization, the bill It is time for Congress to now focus munities flexibility to opt out of the establishes a new Office of Aerospace its efforts on the Federal Aviation Ad- program in return for payment or to and Aviation Liaison within the DOT. ministration. We must continue to en- look at alternate services for the com- This office will be charged with coordi- sure the safety and efficiency of our munity. nating aviation and aeronautics re- aviation system. We must address the The bill extends the small commu- search programs, activities, goals, and continued modernization of our air nity air service development pilot pro- priorities within the Federal Govern- traffic control system. We must con- gram, established in AIR-21, until 2006, ment. Areas of responsibility include tinue our oversight of the FAA so that and provides funding of $27.5 million air traffic control, technology transfer it continues to move towards more effi- per year during the 3 year extension. It from government programs to private cient operation. We must continue the also clarifies that 40 communities per sector, noise, emissions, fuel consump- expansion of our infrastructure. And, year may participate in the program tion, and safety. This office will work we must continue to strive to promote and that no community may partici- with the FAA and the National Aero- the security of our traveling public. pate twice. This program has been nautics and Space Administration to I believe the legislation before us, S. well-received for the innovative ideas ensure that aviation and aerospace re- 824, the Aviation Investment and Revi- that have sprung from it regarding the search is coordinated and funds are talization Vision Act, AIR-Vision, provision of and payment for air serv- well spent. meets these objectives. This bill would ice to small communities, and we be- This bill also establishes a National reauthorize FAA programs for 3 years lieve it is important for the program to Air Traffic Management System Devel- and continue the investments in the continue in the near term. opment Office within the FAA with the aviation system that began under AIR Regarding competition, the bill in- mission of developing a next genera- 21. Specifically, it would authorize structs the Secretary of Transpor- tion air traffic management system funding for FAA Operations at $7.6 bil- tation to study competition and airline plan for the United States. This plan is lion for fiscal year 2004; $7.7 billion for access problems at hub airports. Spe- required to focus on transforming the fiscal year 2005; and $7.9 billion for fis- cially, the Department of Transpor- national airspace system to meet air cal year 2006, and it would authorize tation is to look at gate usage and transportation mobility, efficiency, funding for the Airport Improvement availability, and the effects of pricing and capacity needs beyond those cur- Program at $3.4 billion in fiscal year of gates and other facilities on com- rently included in the FAA’s Oper- 2004; $3.5 billion in fiscal year 2005; and petition and access. Within 6 months, ational Evolution Plan in an effort to $3.6 billion in fiscal year 2006. The bill the Secretary’s findings, conclusions, build on existing capabilities while im- also authorizes $2.9 billion in fiscal and recommendations are to be sub- proving the security, safety, quality, year 2004; $2.97 billion in fiscal year mitted to the Senate Committee on and affordability of the system. 2005; and $3 billion in fiscal year 2006 Commerce, Science and Transportation Finally, we have developed a man- for the Airway Facilities Improvement and the House of Representatives Com- ager’s amendment which has been Program and requires a report on mittee on Transportation and Infra- agreed to by myself and Senator LOTT, major FAA modernization programs. structure. HOLLINGS, and ROCKEFELLER. It in- The funding levels in this bill do not In addition, the bill requires that air- cludes a number of technical changes require any new or increased taxes or ports which deny applications by an air and improvements recommended by user fees. The taxes currently paid by carrier for access to gates or other fa- the executive agencies affected by this air travelers and others into the Avia- cilities submit to the Secretary notifi- bill. It also includes some substantive tion Trust Fund are in place through cation of the denial and a report ex- changes to the bill, including: extend- fiscal year 2007 and are sufficient to plaining the reasons for the denial and ing whistle blower protections to the pay for this bill. a time line, if any, for when the re- employees of contractors doing busi- We also must ensure that the FAA quest will be accommodated. ness with the FAA; requiring that the manages its resources wisely. The bill For security, the bill establishes the GAO periodically report to Congress on includes provisions, first proposed by Aviation Security Capital Fund which the economic state of the airline indus- former FAA Administrator Garvey and is financed with $500 million annually try and on airline executives’ com- endorsed by the current Administrator, in security service fees which are al- pensation; clarifying that the war risk to improve FAA management. The ready collected by the Transportation insurance provision only applies to FAA’s management of its programs, es- Security Administration. The fund will U.S. air carriers; moving the new secu- pecially its modernization efforts, con- be administered by the TSA and the rity capital fund from the FAA to the tinue to be of particular interest to TSA will make grants to airports to as- TSA; and removing the provision add- Congress. I note that the FAA has fi- sist with capital security costs. The ing additional ‘‘outside the perimeter’’ nally hired its first Chief Operating Of- fund will allocate 40 percent to hub air- slots at Reagan National Airport. ficer, Russ Chew, three and one-half ports; 20 percent to medium hub air- I yield to my colleague from South years after the office was authorized. ports; 15 percent to small hub airports; Carolina and perhaps the Senator from This bill would provide additional clar- and 25 percent is to be distributed at Mississippi. ification of the FAA’s Chief Operating the Secretary’s discretion to address I say to my colleagues, if they are Officers’ responsibilities for managing security risks. At the same time, the prepared to bring forward an amend- the FAA’s air traffic control system. bill protects the AIP funding from con- ment, we would like to consider that The bill would create a process to en- tinued raids on what was created for quickly and move forward with the hance airport capacity at certain large capital improvement funding, but amending process as it would be our in- hub airports that significantly add to which in recent years has been used for tention to try to finish this legislation delays in the national aviation system security funding. this evening. by ensuring that these airports’ needs The bill also directs the Secretary of I yield the floor. are continually reviewed. It also at- the Department of Homeland Security The PRESIDING OFFICER. The Sen- tempts to streamline the environ- to study the effectiveness of the avia- ator from . mental review process by coordinating tion security system. Within 6 months, Mr. HOLLINGS. Mr. President, I rise the reviews by different agencies. This the Secretary’s findings, conclusions, today in support of legislation that is important as this process is some- and recommendations are to be sub- will reauthorize the programs of the times used to unnecessarily delay air- mitted to the Senate Committee on Federal Aviation Administration for port expansion. Commerce, Science, and Transpor- the next 3 years, S. 824, the Aviation The bill makes several improvements tation and the House of Representa- Investment and Revitalization Vision and reforms to services to small com- tives Committee on Transportation Act, AIR–V. I would like to thank munities and the essential air service and Infrastructure. The Secretary is di- Chairman MCCAIN, Senator LOTT and program by continuing programs cre- rected to redeploy the department’s re- Senator ROCKEFELLER for their hard

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7781 work in helping to craft this bipartisan Knowing of the expected growth in tance is the establishment of a new bill that seeks to address the needs of airline traffic, we must press our ef- educational program to train the next the Nation’s air transportation system. forts to make system-wide improve- generation of aeronautics engineers The troubled state of the aviation in- ments that will allow the U.S. aviation and mechanics. According to the Com- dustry has made FAA reauthorization industry to flourish in the coming mission Report on Aerospace, more a high priority of the 108th Congress. years and beyond. Air–V promotes air- than a quarter of the U.S. science, en- From the start, the Senate Commerce port development with increased fund- gineering and manufacturing work- Committee pursued an ambitious ing for the Airport Improvement Pro- force will be eligible to retire in the schedule, and held several hearings on gram, and additional support for vital next 5 years. This workforce initiative this matter in the first few months of components of the National Airspace is aimed at increasing participation of the year. Our focus on this matter per- System through the designation of cer- U.S. students in fields related to aero- mitted all involved parties to express tain essential undertakings as ‘‘na- space and aviation safety through the their concerns about the aviation sys- tional capacity’’ projects. When the use of grants and scholarships for serv- tem in the United States, and helped us Bush Administration’s FAA reauthor- ice to ensure the growth of interest in develop a constructive approach to im- ization proposal was unveiled it was the United States and increase the tal- prove the work of the FAA as we move criticized by Aviation Week for not ent pool of American students. into an unclear future. We have crafted providing enough long-term support for To ensure that the U.S. continues to a strong bill that focuses properly on AIP at a time when the FAA is in a have the safest aviation system pos- safety, security, efficiency and envi- tight budget situation and the Nation’s sible we must also make improvements ronmental friendliness in the realm of airports are looking for increased fund- to the FAA’s Facilities and Equipment aviation. ing to pursue needed projects to im- program which contains financing for AIR–V is a good starting point, but prove their facilities. AIR–V also takes the purchase, installation and con- we have a long way to go make certain steps to resolve the bleeding of hundred struction of equipment and facilities that the FAA’s budget adequately sup- of millions of dollars from AIP for se- ports the agency’s ability to oversee an required to maintain the NAS. curity purposes and seeks to expedite Through this bill we should boost the increasingly complex system to ensure the installation of EDS machines at safe flying. Recent reports have point- F&E program so that it will be a better airports across the country while di- ed to the FAA’s laxity on plane main- complement to the improved AIP pro- verting none of the AIP funds away tenance as airlines have increasingly gram in preparation for increased pas- from important infrastructure projects farmed out repair work to trim more senger levels. However, we must con- through the creation of an Aviation Se- expensive in-house operations over the sider ways to make further advances to curity Capital Fund to be financed past decade. The Department of Trans- this program to ensure our ability to with $500 million annually in security portation Inspector General found that provide crucial enhancements to the service fees to allow TSA to make major air carriers paid contractors $2.9 safety of our aviation system. grants to airports to assist with capital billion for maintenance in 2001, which AIR-V will have an enormous impact security costs. was 80 percent more than in 1996. While on the future of our entire air trans- I have had increasing concerns that maintenance responsibility has shifted, portation system, and makes a strong the European Community will continue the FAA’s policies have not, and the statement about the direction that we its bold efforts to surpass the American DOT IG is currently conducting an want our air transportation system to aerospace industry in the coming audit of repair stations and the FAA’s go. Please support this effort and work years. We must recognized the impor- oversight of them. We must take steps with us to help the FAA take real steps tance of the FAA’s Research, Engineer- to provide FAA needed funding to im- forward and maintain our strength in ing and Development program in main- prove outdated oversight, monitor gaps aviation for the future. taining our position as the worldwide in overseas repair service, and update I yield to our distinguished leader training methods which have not leader in the aviation and aerospace in- who really held the hearings and led changed significantly in almost 50 dustries. AIR-V will significantly in- for this particular measure. years. It is vital that we adequately crease funding for the R,E&D program The PRESIDING OFFICER. The Sen- fund to FAA’s budget to ensure the with the understanding that long term ator from Mississippi. safest aviation system possible. planning will be needed to keep up with Mr. LOTT. I thank the distinguished The impact of the aviation industry the rapidly changing dynamic of this Senator from South Carolina for those on our Nation is clear. Prior to Sep- industry. The EC has already intro- comments. He and Senator MCCAIN cer- tember 11, 2001, the total impact of duced a ‘‘2020 plan’’ aimed at sur- tainly have been very interested in this civil aviation on the national economy passing America—FAA, NASA and our important issue. A couple of hearings exceeded $900 billion and 11 million aerospace industry—as the world’s we had on this legislation were in the jobs, representing 9 percent of the U.S. aerospace leaders within the next two full committee because of the impor- gross domestic product. Since that decades. We must respond to this chal- tance of the issues involved. time, the airline industry has faced lenge with an emphasis on technology, I also particularly thank Senator consecutive years of record multibil- and public-private cooperation that ROCKEFELLER, who is the ranking lion dollar losses while our national will ensure our advantage over the EC member on the Aviation Sub- economy continues to struggle. This by strengthening our R,E&D programs committee, for his work and his co- has made reauthorization of the FAA and U.S. education and interest in operation on this legislation. This is that much more critical, and I believe aerospace. truly bipartisan legislation: Senator AIR–V strikes the proper balance I am pleased that key components of MCCAIN, Senator HOLLINGS, Senator among key FAA programs to advance S. 788, the Second Century of Flight ROCKEFELLER and I all have worked on our Nation’s air transportation system. Act, legislation I introduced along with it. Where we have had problems we After September 11, 2001, Congress Senators BROWNBACK, ROCKEFELLER, have been able to work out most of created the Transportation Security INOUYE, CANTWELL, and KERRY have them. I think we have a really good Administration, which has taken been included in this reauthorization product. charge of a massive restructuring of effort. Among the most important I want to say at the beginning we are transportation security, which has led steps that the bill take to promote hoping to move this legislation to a greater confidence in the traveling FAA, R,E&D is the creation of a na- through rapidly. Hopefully we could public. Even with the vast downturn in tional office to coordinate aviation and even complete it today. We have a few aviation traffic over the past couple of aerospace research activities within issues that have not been resolved yet. years, the FAA’s Aerospace Forecast the U.S. Government tasked with co- Two or three of them may require anticipates that enplanements in the ordinating programs and developing votes. We ask our colleagues to come U.S. are expected to increase over the goals to facilitate the nation’s R,E&D to the floor, let’s have a debate and, if next 10 years by roughly 50 percent, technologies, and a national office to we have to, we will have a vote. There with as many as 1 billion passenger focus on a next generation air traffic are not that many amendments that I boardings expected annually by 2013. management system. Of equal impor- think would actually require a vote.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7782 CONGRESSIONAL RECORD — SENATE June 12, 2003 I also want to emphasize the impor- the Airport Improvement Program, to ROCKEFELLER’s is the Essential Air tance of this legislation. Because we all the different programs that are in- Service Program. The two of us intro- have moved it fast, and because we volved in aviation including service to duced legislation that works to im- have been able to get an agreement small communities. I think we do have prove this program, while not imple- worked out to bring it to the floor, and the fundamental provisions we need to menting the drastic change the admin- because we may be able to handle it in make sure that happens. We will en- istration has pushed. In short, it pro- a brief period of time, it should not di- sure the Airport Improvement Program vides incentive to the local commu- minish at all the importance of passing will continue uninterrupted for the nities to get involved in determining this legislation. Transportation in next 3 years. We also are going to make the quality and type of air service their America is unique. If we are going to sure the funds that go into Airport Im- community receives. We have included have a strong economy, we have to provement Programs are actually used that legislation in this bill. have good transportation systems—not for their original purpose, and that is Transportation infrastructure spend- just roads and bridges, which are very to improve our airports, the runways, ing is important, and it is one of my important, and not just a good railroad the terminals, and the services our top priorities. I want to continue the system, freight and passenger, and not constituents need and deserve. Republican congressional majority’s just good ports and harbors, but we On that note, this legislation also no commitment to transportation infra- also need a strong aviation system in longer allows AIP funds to be used for structure. Our Nation’s growing econ- America. security mandates. Up to this point ap- omy demands attention to this issue. We all know the industry has been proximately $500 million has been Passage of this bill will be a step in having difficult times for a variety of skimmed off the top of the AIP fund to that direction. pay for security mandates that the reasons. In some cases it was bad man- I say again, in Senator MCCAIN’s agement decisions. Obviously all of Federal government placed on our presence, I appreciate his attention to them have been affected by high fuel local airports. The Transportation Se- this and his interest and his desire to costs. There have been some difficult curity Administration—TSA—predicts move forward. Without his tenacity we that an additional $500 million will be management-labor decisions. But also would not be here now. I believe we needed to complete these capital im- probably no other industry was as dra- have a good bill that we can complete provements that have been deemed matically and directly affected by 9/11 in short order. necessary for security purposes. This as the aviation industry. Aircraft were I am glad to yield the floor at this bill proposes that these unfunded man- involved on that infamous day, used as time. dates be paid for by directing the pas- weapons of destruction, as missiles— The PRESIDING OFFICER. The Sen- senger security fee into a separate fund both in and, of course, one ator from . to cover these costs. The first $500 mil- plane that hit the Pentagon and the Mr. MCCAIN. I thank the Senator lion of these fees that is collected will one that went down in . from Mississippi for his kind com- be directed to this fund. ments. We saw the industry basically shut This legislation also looks at exces- Mr. President, we are awaiting the down that day—for days. We are still siveness at TSA. It will require TSA to appearance of Senator LAUTENBERG, having fallout, the ramifications of do a study to look at the efficiency of who has an amendment we will be con- that day and those decisions in terms their employees and then redeploy sidering shortly. Until then, I remind of access to airports, including Wash- them as necessary based on the results my colleagues we would like to move ington Reagan National. General avia- of the study. I am pleased that TSA is forward with amendments. tion is still dealing with the problems already reassessing their workforce. I understand that Senator COCHRAN as a result. While it is not the goal of this Congress may have an amendment, and several There is no question the industry has to have less than adequate security at others. But I don’t think there are had difficulties and some of those dif- any airport, it is important for TSA to many. We could go ahead and move for- ficulties have been related to 9/11. Gov- recognize the areas in which they have ward as quickly as possible with the ernment decisions were made that gold-plated security. needed to be made. We had to deal with In another effort to help the indus- legislation. security considerations on our air- try, this legislation also makes perma- Pending their arrival, I suggest the planes and at our airports. So a lot of nent a provision already in the annual absence of a quorum. costs have been put on the industry appropriations bill that requires TSA The PRESIDING OFFICER. The that have caused them additional prob- to pay fair market value for the space clerk will call the roll. The bill clerk proceeded to call the lems. they occupy at airports. The bill also roll. We have taken action immediately keep AIP funding at the fiscal year 2003 Mr. MCCAIN. Mr. President, I ask after 9/11, of course, to provide some as- level for FY04, but changes the match unanimous consent that the order for sistance to the aviation industry. We requirement from 10 percent to 5 per- the quorum call be rescinded. did it again in the supplemental appro- cent for that 1 year. AIP funding will The PRESIDING OFFICER. Without priations this year. But this is the then be increased by $100 million for objection, it is so ordered. third step and in some respects maybe the out years. This is very important the most important step in helping the to local communities that are hard AMENDMENT NO. 889 airline industry, helping aviation get pressed to make that local match, be- Mr. MCCAIN. Mr. President, I send an back to where they can see blue skies cause their funds have been depleted amendment to the desk. and begin to make profits and provide due to these unfunded mandates. AIR- The PRESIDING OFFICER. The the kind of service the American peo- V also maintains the budget firewalls clerk will report. ple are entitled to. that were put in place during the de- The senior assistant bill clerk read as I do think it is important we get this bate over Air-21. These firewalls re- follows: bill done, that we get into conference quire that the trust fund continues to The Senator from Arizona [Mr. MCCAIN] and see if we can come to a reasonable be spent down. proposes an amendment numbered 889. and relatively quick agreement with Of particular importance to my home Mr. MCCAIN. Mr. President, I ask the House. That will allow this bill to state of Mississippi is language in this unanimous consent that reading of the be completed before we get into the legislation that continues the author- amendment be dispensed with. time-consuming and very important ization of the Small Community Pilot The PRESIDING OFFICER. Without TEA–21 extension, and the appropria- Program. This provision will allow 40 objection, it is so ordered. tions process. new communities to be eligible to re- (The amendment is printed in today’s This bill’s title is Aviation Invest- ceive one-time money each year. This RECORD under ‘‘Text of Amendments.’’) ment and Revitalization Vision Act— is a good program that requires innova- Mr. MCCAIN. Mr. President, this is a AIR–V. Our intent is to go all the way tive thinking on the part of airports managers’ amendment which we have from stabilizing the industry, giving and their local communities. developed working with Senators LOTT, them dependability and reliability of Another important issue to rural HOLLINGS, and ROCKEFELLER. It in- what they can expect from FAA, from States such as mine and Senator cludes a number of technical changes

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7783 and improvements recommended by won’t have the capability of coming up amendment. I am not suggesting this the executive agencies affected by the with the local match. That is why we be a precedent forever, for all time. At bill. It also includes some substantive put money in legislation previously. In this moment, in this place, for this rea- changes, including whistleblower pro- the tax bill that passed the Congress, son, I believe if we want to invest $500 tections for the employees of contrac- we included a substantial amount of million in aviation security in this tors doing business with the FAA; re- money to try to help State and local country, it is likely the only way that quiring the GAO to periodically report governments, many of which are flat will be invested is to eliminate the to Congress on the economic state of on their backs financially. They are State and local match. I think there the airline industry; airline executives’ having trouble funding their own are good reasons to do that. So if I can compensation; clarifying that the war needs. work with my colleagues in the next risk insurance provision only applies to I think having a security capital fund several hours, I hope we can make U.S. air carriers; moving the new secu- is very important. But having that some progress on this amendment. rity capital fund from FAA to TSA; fund available only if there is match- I do want to make one final point. It and removing a provision—I emphasize ing money available for it locally will is not my intention in any way to hold ‘‘removing’’—a provision that was mean that much of it will not be spent, up this bill. I do not expect this would added in the markup concerning out- much of it will not be invested, and be a lengthy debate, in any event. I side-the-perimeter slots at Reagan Na- much of it will not contribute anything would agree to a short time agreement. tional Airport. to this country’s security. But my hope is perhaps we could sup- Mr. HOLLINGS. Mr. President, these What I propose to do on this occa- port this by a voice vote at some point. particular modifications have been sion, because it deals with security, I yield the floor. checked through by both the chairman which is a national issue, and because The PRESIDING OFFICER. The Sen- and ranking member of our Aviation the State and local governments are in ator from . Subcommittee. Let the RECORD show a pretty precarious fiscal position, is Mr. REID. Mr. President, Senator that the distinguished Senator from eliminate the local match so we could LAUTENBERG is in the Chamber to offer West , Senator ROCKEFELLER, expect that this money would be in- an extremely important amendment. our ranking member, is at an impor- vested. The construction and the infra- He will be ready to do that in a matter tant Finance Committee markup at structure that will be completed with of a few minutes. the moment with respect to prescrip- this money will contribute, in fact, to In the meantime, Mr. President, I tion drugs and Medicare. I have aviation security in this country. ask unanimous consent that the pend- checked it through with him, and it I have visited with my colleague, the ing amendment be set aside. has been checked through on this side. Senator from Mississippi. I think he The PRESIDING OFFICER. Without We ask for support of the amendment. has some persuasive reasons for not objection, it is so ordered. The PRESIDING OFFICER. Is there eliminating the local match. But, on AMENDMENT NO. 891 further debate? If not, without objec- the other hand, I think there is a per- Mr. REID. Mr. President, I send an tion, the amendment is agreed to. suasive argument that the only way we amendment to the desk. The amendment (No. 889) was agreed will see this money truly invested in The PRESIDING OFFICER. The to. airports around the country is if we clerk will report. The PRESIDING OFFICER. The Sen- eliminate the local match. The senior assistant bill clerk read as ator from North Dakota. Perhaps I should offer this amend- follows: Mr. DORGAN. Mr. President, I want- ment now and have it pending. I have The Senator from Nevada [Mr. REID] PRO- ed to alert my colleagues that I intend to chair a luncheon in a few minutes POSES AN AMENDMENT NUMBERED 891. to offer an amendment to this bill this and will have to leave the floor. Mr. REID. Mr. President, I ask unan- afternoon. I have talked to several peo- If it is all right with the chairman imous consent that reading of the ple about it. I will not take a lot of and ranking member, I will offer the amendment be dispensed with. time. I don’t intend to delay the bill at amendment. We will have it pending. The PRESIDING OFFICER. Without all. But there is an important piece of AMENDMENT NO. 890 objection, it is so ordered. policy in this legislation. Mr. DORGAN. Mr. President, I send The amendment is as follows: Before I explain it, I should congratu- an amendment to the desk. (Purpose: To clarify the apportionment of late my colleagues, Senator MCCAIN, The PRESIDING OFFICER. The funds from the Aviation Security Capital chairman of the full committee, and clerk will report. Fund) Senator HOLLINGS, ranking member, The senior assistant bill clerk read as On page 146, line 17, insert ‘‘origination and for their work on this bill. It is really follows: destination’’ before ‘‘emplanements’’. important for us to complete this legis- The Senator from North Dakota [Mr. DOR- On page 146, line 19, insert ‘‘origination and lation. Hopefully, perhaps we can com- GAN] proposes an amendment numbered 890. destination’’ before ‘‘emplanements’’. plete it today, in fact. Mr. MCCAIN. Mr. President, I ask Mr. REID. Mr. President, the events On page 145, there is an aviation se- unanimous consent that reading of the of September 11, 2001, have been cata- curity capital fund of $500 million. I amendment be dispensed with. strophic on the aviation and travel in- think that is an important fund which The PRESIDING OFFICER. Without dustry. And that is an understatement. it establishes in the Department of objection, it is so ordered. I strongly supported the formation of Transportation. I think that is perhaps The amendment is as follows: the Transportation Security Adminis- transferred in the managers’ amend- (Purpose: To delete the matching require- tration because I believed then and be- ment in fact to homeland security. ment for airport security related capital lieve now it is critical that the public This capital fund provides funds for investment grants) has confidence in the safety and secu- the security needs at airports around On page 146, beginning with line 20, strike rity of our airports and airlines. the country, and for investment in the through line 8 on page 147. This enhanced security will save construction and infrastructure for se- Mr. MCCAIN. Mr. President, I under- jobs, protect Americans’ ability to curity purposes. stand the Senator from North Dakota travel freely and safely, and boost busi- All of us know in the shadow of 9/11 has to leave at this time. We will be ness for the travel and tourism indus- and the terrorist attacks that occurred glad to discuss this amendment at his tries. in our country that security, especially convenience, hopefully later this after- The need for capital security costs, aviation security, is critically impor- noon, and perhaps we can get some- such as explosives detection and tant. thing worked out on it. screeners, should be based on real need. This provision, as important as it is, Mr. DORGAN. Mr. President, I have Unfortunately, the formula in this bill however, has a local match require- explained my amendment already. that allocates grants in the aviation ment. My great concern is that this What I would like to do is work with security fund to assist with capital se- money will not be invested in aviation my colleagues, Senator MCCAIN, Sen- curity costs is not based on real needs. security because many communities ator LOTT, Senator HOLLINGS, and oth- It does not accurately account for the and States around the country simply ers. I think this is an important number of passengers who must be

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7784 CONGRESSIONAL RECORD — SENATE June 12, 2003 carefully screened as they enter airport cosponsor of this amendment with the would like to ask him another ques- terminals at their point of origin. That Senator now speaking. tion. is where delays occur and additional The PRESIDING OFFICER. Without So that my colleagues will under- security equipment is always badly objection, it is so ordered. stand this problem—and it is a serious needed. Mr. REID. I urge my colleagues to one—if I fly from here to the Atlanta My amendment corrects the language support this amendment for the safety Airport, or the Dallas/Fort Worth Air- in section 402 of this bill that allocates of the flying public and the health of port, which I will do tomorrow, and funding for capital security costs based our economy. We need to put our secu- then change airplanes but stay within on ‘‘emplanements.’’ This is wrong. rity resources in the right place. Let’s the terminal, not having to go through My amendment would change the for- keep the skies safe. security again, and then I go on to the mula for allocating funding in the Now, Mr. President, I have spo- Phoenix, AZ, airport, that, for the pur- aviation security fund from ken—— poses of the present formula, would be ‘‘emplanements’’ to ‘‘origination and Mr. MCCAIN. Will the Senator yield counted as the same as someone who destination emplanements.’’ for a question? enters an airport, flies and lands at an- My amendment allocates resources Mr. REID. I am happy to yield. other airport, leaves that airport, and to airports that are screening the larg- Mr. MCCAIN. It is my understanding, then later on has to reenter the airport est number of passengers and not at from talking with you and your col- to leave that area. airports where passengers simply con- league, that at McCarran Airport—for In other words, what we are saying nect to another flight. As an example: example, on a Sunday—a 3-hour delay is, we have a formula now where some- Someone flies from New York to Chi- is a routine kind of experience. That is one who remains within the airport cago and they have a connection to go a normal experience rather than an ex- and does not have to go through secu- to Des Moines, IA. They don’t leave the ception, which is remarkably different rity is basically counted the same as a airport. The problem in Las Vegas is from almost every other airport in person who does have to go through se- people come to Las Vegas. They go America. Is that true? curity. downtown or to the strip and then they Mr. REID. That is absolutely right. It Mr. REID. That is right. come back and have to get back is based upon the formula I have just Mr. MCCAIN. So that, obviously, is through all the screening. That is given. an incredible burden if you have to put where the need should be, for people I say to the managers of this bill— every passenger through security who enter and leave the airport not the chairman of the Commerce Com- where a large majority of them, par- simply the fact that people land at the mittee and the ranking member of the ticularly at hub airports, do not have airport. Commerce Committee—I have spoken to send passengers through security. Is My amendment would allocate re- to their staffs, I have spoken to them, that basically the problem we are try- sources, as I said, to airports that are as has Senator ENSIGN. We have been ing to confront here? screening the largest number of pas- given an assurance by these two fine Mr. REID. The Senator is absolutely sengers, and not at airports where pas- men and their staffs that this is some- right. We have places, such as at sengers simply connect to another thing the conference will look at as McCarran Airport, where, if we had ad- flight. soon as the bill leaves this body. The At large hub airports many pas- ditional help, we could move people staff will start reviewing this. sengers simply change flights. They into the airport more quickly but we They have a concern now that they don’t enter and leave the terminal simply don’t have the TSA people to do may not have adequate figures to jus- where security is most needed. These that. We have some of our hub airports tify what Senator ENSIGN and I are say- passengers have already been screened. where, as the Senator has indicated, This is especially important in Las ing. We want them to have adequate they have people standing around look- Vegas but it is a bigger issue. It is im- numbers so that what we are saying is ing at each other because they are not portant that we prevent another ter- valid. having people coming in and out of the rorist attack on our airlines. Terrorists We want, as I have indicated in my airport like we have at McCarran. will search for the weakest link in our statement, there to be a fair allocation Mr. MCCAIN. I say to the Senator, I security and try to exploit it. of resources. We believe, as the Senator think your concern is legitimate. I Capital security resources must be from Arizona has indicated, that Las think the formula needs to be changed. allocated fairly and equitably and cor- Vegas is a very unique place. It is not We will work on it. rectly. Las Vegas McCarran Airport like Chicago O’Hare. It is not like the First, we will get a letter over to has the second largest number of origi- airports in New York. It is similar to communications with TSA and tell nation and destination passengers in what we have in Phoenix. Phoenix has them we need to look at this formula the entire Nation, second only to LAX. a problem similar to us. I believe Phoe- again. I have been told they are al- This means that McCarran processes nix would benefit from the formula I ready doing that, but I want to assure more people through TSA security am suggesting. the Senator from Nevada, we will try checkpoints than every other airport, But I have been given an assurance, to do everything in our power to ad- except Los Angeles. as I have indicated, by the two man- dress this clear inequity that exists in Under the present formula, other air- agers of this very important com- the formula as we go to conference. ports would get far more security re- mittee, that they will do what they can I thank the Senator. sources even though they screen fewer in conference to allocate the resources Mr. REID. If I could say one addi- passengers. McCarran clearly needs fairly. tional thing before I sit down. I do not more resources than many hub airports The language I have in this amend- have the opportunity very often to talk where a great number of passengers ment may not be perfect. There may be about the good work of the committee emplane but do not need to be some need to look at other issues to but, as far as this Senator is concerned, screened. have a fair apportionment of these re- some of the best work of this com- Nothing could be worse for the Na- sources. mittee is to allow flights from National tion than allocating its precious secu- So based upon the assurances I have Airport to Las Vegas, to Phoenix, to rity resources in the wrong manner. We been given by the two managers of this Salt Lake. I would suggest that the need additional security at origination bill, I will withdraw this amendment, Senator from Arizona—and I am sure and destination airports—and we need on behalf of Senators REID and ENSIGN, he will check with his staff—I think he it now—where passengers are actually and look to the good offices of these might find a better flight than going screened. We do not want resources al- two gentlemen to make sure that, for from Dallas to Phoenix. located where they are unnecessary, es- our country, there is a fair allocation Mr. MCCAIN. I thank the Senator pecially at a time when Congress is of resources. from Nevada. But I have done many asking TSA to get its costs under con- The PRESIDING OFFICER. The Sen- foolish things in my life—many. One of trol. ator from Arizona. those that ranks up in the top 10 is Mr. President, I ask unanimous con- Mr. MCCAIN. Before the Senator when I was being accused by the local sent that Senator ENSIGN be added as a from Nevada leaves the Chamber, I newspaper for attempting to seek some

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7785 relief from the perimeter rule in hopes have a tough job. I know my colleague along to the airlines. I realize they that I might then have the convenience from Mississippi and Senator STEVENS have plenty of burdens of their own. of flying direct from Reagan National will work hard to help our homeland I wanted to respond and make it Airport to Phoenix. I swore I would security. We will continue to work to clear why I feel that some small never fly direct from Reagan National see if we can come up with some com- amount of local participation is a re- Airport. Many years have gone by, and promise agreement that will accommo- sponsible thing to do. It makes good, I had hoped that people’s memories had date all concerned. Our goal is to just common sense. We may have a way to grown dim on that, but now I will prob- make sure we have these fees that are work it out. I wanted to get that on the ably have to go another 5 years since collected for airport security and secu- record before we got too far away from the Senator has raised that. rity for the TSA used for that purpose. Senator DORGAN’s remarks. Mr. REID. Well, the statute of limi- With regard to the local share, I have I suggest the absence of a quorum. tations has run. a State that, obviously, is not a The ACTING PRESIDENT pro tem- Mr. MCCAIN. I thank my colleague. wealthy State. We have a limited num- pore. The clerk will call the roll. Mr. HOLLINGS. Mr. President, the ber of airports. Several of them are rel- Mr. MCCAIN. Mr. President, I ask Senator from Nevada is correct. The atively small. So any kind of cost unanimous consent that the order for money is for security, and a security share is not easy for them, plus the air- the quorum call be rescinded. check is what we are trying to fund, fi- line industry will tell you very quickly The ACTING PRESIDENT pro tem- nance. It just hasn’t been vetted at that in a lot of airports—particularly pore. Without objection, it is so or- FAA. It is very logical to this par- the bigger ones—any kind of a local dered. ticular Senator that the Senator from cost share, the airlines will wind up AMENDMENT NO. 892 Nevada is correct, and I will make having to pick up the cost because air- Mr. MCCAIN. Mr. President, I send an every effort in the conference to ports cannot get money from the local amendment to the desk. change the particular formula or rath- government. So they will say, all right, The ACTING PRESIDENT pro tem- er embellish the word emplanement, so we have to get it from the airlines and pore. The pending amendments are set as to get destinations and takeoffs con- they will pass it on to the airlines. sidered as going just through the secu- aside and the clerk will report. That is a legitimate concern. It is real- The legislative clerk read as follows: rity and the money be allocated there- ly not fair. of. The Senator from Arizona [Mr. MCCAIN] I know it is not easy for the local air- proposes an amendment numbered 892. So I assure the Senator from Nevada ports sometimes to get a match. But that I will support it in every way I (Purpose: To express the sense of the Senate we are talking about a small match with respect to air fares provided to mem- can. here. Even if we can have the match 10 I suggest the absence of a quorum. bers of the Armed Forces) The ACTING PRESIDENT pro tem- percent, it would still have the prin- At the appropriate place, insert the fol- pore. The clerk will call the roll. ciple that the local governments are lowing: The senior assistant bill clerk pro- doing their share. Airports and airline SEC. . AIR FARES FOR MEMBERS OF ARMED ceeded to call the roll. service is a very important part of the FORCES. economy in these smaller towns. It cre- It is the sense of the Senate that each AMENDMENT NO. 890 ates jobs, helps attract industry, and it United States air carrier should— Mr. LOTT. Mr. President, I ask unan- (1) make every effort to allow active duty imous consent that the order for the is a big plus. Yet the cities or counties, even the big cities—Detroit, Chicago, members of the armed forces to purchase quorum call be rescinded. tickets, on a space-available basis, for the The ACTING PRESIDENT pro tem- New York—get tremendous benefits lowest fares offered for the flights desired, pore. Without objection, it is so or- from their international airports, but without regard to advance purchase require- dered. they don’t want to participate or pay ments and other restrictions; and Mr. LOTT. Mr. President, while dis- any of the costs. Of course not. The (2) offer flexible terms that allow members cussions are taking place on other trend in America is just let the Federal of the armed forces on active duty to pur- issues or amendments, I wanted to go Government do it. Let the Federal chase, modify, or cancel tickets without back and comment briefly on the state- Government do it all. Let the Federal time restrictions, fees, or penalties. ment by Senator DORGAN and his Government pay for all of the airport Mr. MCCAIN. Mr. President, this is a amendment. costs, pay for all the housing costs, pay sense-of-the-Senate amendment. First of all, I appreciate his member- for all of the farming costs—just let Frankly, I would like to see it in law, ship on the committee and his interest the Federal Government do it. That is but I am not sure whether it would be in this aviation hearing. Most of the why we are going to have a $500 billion constitutional and in keeping with ex- time we agree on how we can be helpful deficit this year, and probably the isting law. to the aviation industry. I appreciated same next year, and it may come down Basically, it says that the airlines the fact that he said he thought it was some in 2005, but it is still going to be should do whatever they can to make important we have this revolving fund really ugly. Let Uncle Sam do it. sure that members of the Armed for TSA security. There are those who All I am saying is, let the local com- Forces can get the lowest fare even if are going to speak against that fund munities do a little bit, participate they are late; that they will offer them later today. some, help a little in the cost of this the lowest fare available; and that The appropriators feel as if the fund huge benefit. I promote local airports when there are cancellations or other is not a positive thing, that it is taking in my State, such as Tupelo, Meridian, reasons they have to change their trav- funds from their bottom line. My con- Golden Triangle, Biloxi, Pine Belt, and el plans, the airlines will show the cern is, if we have these fees collected others. We have small airports that flexibility that will afford them the for airport security and there is no mean a lot. For them to help a little lowest possible cost for their airfare. specification that it go into that area, bit looks to me like a good idea. So I We have a lot of transience amongst then it may be spread all over the realize maybe that is not the way to do the men and women in the military place. If you go into port security, things around here. I am arguing on and their families, not just being trans- Coast Guard, or any number of pro- principle and some degree of responsi- ferred from one place to another but, grams—which may be very important bility for everybody to pay a little bit. generally speaking, they are not based and may be needed—if fees are col- Why should the Federal Government where they grew up and where their lected for a purpose, they should not be always have to pay the first and the families or friends are located. spread out into other areas. It is like last dollar? There are a lot of men and women in the highway trust fund. You collect We will work with Senator DORGAN, a the military who make use of the air- gasoline taxes for highways, and to let very valuable member of the com- lines and many times on short notice. it be spent for airports or ports—that is mittee. I understand his concerns in We are simply urging the airlines to not the intended purpose and what peo- these smaller communities. But the show the kind of patriotism that is ple think they are paying for. problem is not really the smaller com- necessary to provide these very low in- This fund is not intended in any way munities; it is actually the bigger air- come Americans the ability to move to get into the appropriators’ job. They ports that will be inclined to pass them from one place to another.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7786 CONGRESSIONAL RECORD — SENATE June 12, 2003 I might add, this amendment was of- ing of the amendment be dispensed In the next visual, we will see what fered by Senator KAY BAILEY with. the skies looked like roughly an hour HUTCHISON on the DOD authorization The ACTING PRESIDENT pro tem- later, at 1:45. We see some reduction in bill as well. I hope the airlines will pore. Without objection, it is so or- the cluster, but there are still hun- react positively to this sense-of-the- dered. dreds, if not thousands, of airplanes in Senate resolution. I yield the floor. The amendment is as follows: the sky. Planes are being rapidly The ACTING PRESIDENT pro tem- (Purpose: To prohibit the Secretary of grounded in the Northeast, and they pore. The Senator from South Caro- Transportation from transferring certain are headed to the points in the Midwest lina. air traffic control functions to non-govern- to try to land safely, to take care of Mr. HOLLINGS. Mr. President, I mental entities) their passengers. thank the distinguished chairman and On page 193, after line 23, insert the fol- We have the next picture, which is Senator KAY BAILEY HUTCHISON for this lowing: only half an hour later, and look at initiative. It is well deserved. Whether SEC. 624. TRANSFER OF CERTAIN AIR TRAFFIC this. Look at how empty the space, on or not it can be worked out—as the CONTROL FUNCTIONS PROHIBITED. (a) IN GENERAL.—The Secretary of Trans- a relative basis, is compared to where Senator indicates, we hope it can be. It portation may not authorize the transfer to it was. The first one, this is now 3 to has been cleared on our side, and I urge a private entity or to a public entity other 31⁄2 hours after the terrible assault on its adoption. than the United States Government of— our buildings and our people took The ACTING PRESIDENT pro tem- (1) the air traffic separation and control place. There is a cluster. We cannot pore. Is there further debate on the functions operated by the Federal Aviation even see the ground. But the air traffic amendment? Administration on the date of enactment of controllers went to work, the system If not, the question is on agreeing to this Act; or (2) the maintenance of certifiable systems went to work, and now at 2:15, an hour amendment No. 892. and three-quarters later, they have The amendment (No. 892) was agreed and other functions related to certification cleared the skies, which is not an insig- to. of national airspace systems and services op- erated by the Federal Aviation Administra- nificant job. Mr. MCCAIN. Mr. President, I suggest tion on the date of enactment of this Act or We did not have one accident that the absence of a quorum. flight service station personnel. day. We had the attacks with the air- The ACTING PRESIDENT pro tem- (b) CONTRACT TOWER PROGRAM.—Sub- pore. The clerk will call the roll. craft on the towers, but all other air- section (a)(1) shall not apply to a Federal craft that were in the sky that day got The legislative clerk proceeded to Aviation Administration air traffic control call the roll. tower operated under the control tower pro- to the ground safely. People were able Mr. LAUTENBERG. Mr. President, I gram as of the date of enactment of this Act. to call their families and say: Do not ask unanimous consent that the order On page 69, after the item relating to sec- worry about me. I was flying. I am for the quorum call be rescinded. tion 623, insert the following: here. I am safe. I am well. I will be The ACTING PRESIDENT pro tem- Sec. 624. Transfer of certain air traffic con- home tonight. I will be home this pore. Without objection, it is so or- trol functions prohibited. weekend. To the children: Daddy is dered. Mr. LAUTENBERG. I rise to offer a alive and well, and we will be there. AMENDMENT NO. 893 critical safety and security amendment We can see a massive number of Mr. LAUTENBERG. Mr. President, I to this FAA bill. My amendment would planes were landing in that last half commend the chairman and the rank- ensure that the air traffic control sys- hour. Meanwhile, we can see the clus- ing member of the Commerce Com- tem and its personnel remain a govern- ters of airplanes circling major air- mittee for moving this reauthorization ment function. ports, waiting for clearance to land, forward. It is critical. The FAA is an There is an attempt underway right making sure the separations were essential part of our travel and avia- now in the executive branch to open up maintained. The airports were at Dal- tion system. I encourage its consider- air traffic control to private contrac- las, Fort Worth, Atlanta, Kansas City, ation promptly. tors. I believe we in the Congress must Denver, Indianapolis, Cincinnati, Min- A principal issue these days in avia- put a stop to this. There are some neapolis-St. Paul. That was the extent tion is security. How do we best pro- areas where it makes sense to contract of the impact of this attack and the tect those who are flying and those work out to private entities, but air need to disperse the airplanes in the who are working in the airplanes, the traffic control is not one of them. The sky. And out west, Phoenix, Salt Lake cockpit crew, the cabin crew? How do safety of our skies should not be put in City, Las Vegas, NV, Los Angeles, San we best protect all of those people? the hands of the lowest bidder. We Francisco, all of these planes landed Well, we review the passenger lists. We should not be looking to buy security safely in an amazingly short amount of review the baggage. We look at what on the cheap. time. anybody brings aboard. One of the I believe those who operate and Let’s look at the picture at 3:45. The things that does not always get the at- maintain our air traffic control system sky almost looks clear, and thank tention it deserves is what happens are almost like a wing of the military. goodness. Those were tense moments with the FAA. What kind of people are They keep us safe. They police our for everybody, for those who saw the they? Are they up to snuff in their skies. smoke coming out of the Trade Center training? Have we a reservoir, a re- On September 11, 2001, we had a trag- buildings and noted the absence of serve, of people who are trained and ic day for all Americans. In my State these two giant towers that were built, ready to take over when we are looking of , nearly 700 people lost this testimonial to man, gone. forward to a fairly large retirement their lives. As my colleagues know, We did what we had to in the rest of possibility for those people who came Transportation Secretary Norman Mi- the country to make sure those planes in after some of the labor problems neta ordered all aircraft in the U.S. got on the ground safely. There were were resolved? airspace grounded that day. They still some government planes in the I send an amendment to the desk to wanted those airplanes safely out of air. We can see the military aircraft in make certain that FAA is going to be the sky. It was a massive undertaking. the blue—they are a little hard to dis- able to maintain its integrity, and I I have a visual of 9/11 at 12:30 p.m. cern—as they patrolled the near empty ask for its immediate consideration. The assault took place around the 9 skies. The ACTING PRESIDENT pro tem- hour. This is a picture of the traffic, On September 11, those who operated pore. Without objection, the pending each one of these denoting an airplane, our Federal air traffic system dem- amendments are set aside. that was in the sky at 12:30. Many onstrated great heroism and dedica- The clerk will report. planes had already landed, but there tion. Air traffic controllers across the The legislative clerk read as follows: were still thousands in the air, as we Nation performed heroically as they The Senator from New Jersey [Mr. LAU- can see. The bulk of this traffic was in guided thousands of aircraft out of the TENBERG] proposes an amendment numbered the East, as it was still early morning sky. 893. on the west coast. My home State of I wish to point out a bit of a techni- Mr. LAUTENBERG. Mr. President, I New Jersey is all but covered in air cality. They think of the air traffic ask unanimous consent that the read- traffic in this picture. control group sometimes as just the

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7787 people in the tower who have the after September 11. It is the opposite of but there are certain buttons you have microphones at that moment, but we what the public wants. to push to connect everything. You have specialists who keep this equip- Mr. LOTT. Will the Senator yield? have to make sure the equipment is ment going, and it is a complicated Mr. LAUTENBERG. I yield. working properly. If one asks the dis- network. We have those flight service Mr. LOTT. My questions and my tinguished Senator from , Sen- people who are on the ground giving comments are related to your subject. ator STEVENS—and I take this from re- advice, watching the separation, mak- First of all, I appreciate Senator call so I am not giving his statement— ing sure that the system is in an or- LAUTENBURG and what he is doing here. he talked about the value of the flight derly condition. It is a package. It is I understand his point. I indicated to service people in the State of Alaska one part of it. It is very obvious that him on the committee we would work and remote places. The Senator from we in this body need lots of people with him and see if we could come up Mississippi said it himself; very often around to make the system work, such with compromise language that we they turn into controllers. as our staff people who are very good. could agree to. Unfortunately, we could It is our intention to keep this pack- We could not take part of them and not get that done. However, the Sen- age together. If we want to talk about have them working for one entity ator knows I have tried to act in good it at another time in the future, cer- while we worked for another. It would faith. I know he has, too. I appreciate tainly I would like to do so. not make sense, especially if there is a that. Mr. LOTT. If the Senator will con- moment of need when the owner of the My concern is, I, like you, have con- tinue to yield, we will continue to company says we are cutting back on cern about privatizing the air traffic work on this. I know Senator MCCAIN some of the company benefits. It does controllers themselves. I also have will have something to say about it not work. This is a unified system. sympathy for the flight weather serv- later. Regardless of how it works here, In my home State, from the tower of ice people because, in effect, in some we will continue to work together. Newark International Airport, the air areas I am familiar with, they are the I want to make note of the fact for traffic controllers looking out the win- air traffic controllers. But the amend- the record that Secretary Mineta has dow could see the World Trade Center ment, as I understand it, and I think determined that air traffic control is a on fire as they worked to return tens of the Senator admitted, goes beyond de- core function of the FAA and as such thousands of Americans to the ground manding the tower or demanding the the administration would not consider outsourcing beyond the current con- safely. Like many public servants on actual person looking at the screen and tract tower program. I note that is a that day, they were heroes, along with the flight weather service, it does ex- program that is in place, the contract the police and firefighters and other pand to the other employees who are towers, and it has broad general sup- emergency personnel. These public em- employed in the area—the service peo- port. Twenty-five percent of all take- ployees gave 110 percent of their ability ple, the repairmen, and perhaps even offs and landings, mainly general avia- to secure the safety of the American further than that. tion in the United States, occur at people. My question is, is that a fact? Would In the aftermath of these tragic your amendment expand beyond the these traffic towers. There is an exam- ple of how contracting out has been events, our people demanded one thing professional air traffic controller or done and is working. in particular of their government. even the FWS employee and other em- We will continue to work with the ployees? Could you perhaps specify They wanted government personnel, Senator. While I have some sympathy some of the areas that might be cov- not private contracting firms, to per- with what the Senator is trying to do ered, just for the edification of myself form security screening of baggage at as the amendment presently exists, it and the other Senators. our Nation’s airports. If the American is too broad and I would have to oppose Mr. LAUTENBERG. The Senator people demanded that baggage screen- it. ers become Federal employees at sub- from Mississippi is a sincere advocate I thank the Senator for yielding. stantially increased salaries, this was of safety in our skies and has been very Mr. LAUTENBERG. We are leaving an enormous cost burden we picked up. supportive of introductions of tech- out the contract tower program. We do We took it out of the hands of the pri- nology. The Senator has had a long pe- not touch that at all. Those are special vate sector, away from the airlines, to riod of service as chairman of the Sub- situations, smaller airports where say: You were not buying security ap- committee on Aviation. There is mu- more is demanded from the operation propriately; you were not spending the tual respect. than can be given as part of the FAA. money needed to keep the people inter- We are including all parts of the We have no problem with those. ested, trained, and functioning. FAA, of the controller system, systems The amendment we offer now is Why in the world, if we wanted the specialists, and the safety inspectors. smaller in scope than my original bill. baggage screeners to become Federal As I tried to demonstrate, it is a whole It covers only air traffic control, sepa- employees, would we contract out air unit. One thing and is quite apparent. ration functions, system specialists, traffic control to the lowest bidder? It Very often when you have an organiza- and flight service station controllers. does not make sense. One bag getting tion the size of FAA, when functions There is a world far larger than that, through at the wrong time could be a are parceled out, very often the seg- that could be included which we have terrible tragedy. But one airplane in ment you have taken out—look at rail- not included. the wrong place at the wrong time roads where you have different unions The administration has already would dwarf many of the opportunities that control different parts. If one of changed the designation of air traffic others have to attack an airplane with those unions has a disagreement with control from ‘‘inherently govern- a piece of baggage. the management or with the oper- mental’’ to ‘‘commercial.’’ It is more The safety and security of the Amer- ations of the company, they go out and than a technical change. It opens the ican people should not be the responsi- can tie the whole thing up. door to privatizing the air traffic con- bility of the lowest bidder. It is a core Keeping this team together—the trol system. responsibility of our Government. To nurses in the operating room, the or- We currently have the best air traffic be able to muster the forces we need derlies, all those people, beside the doc- control system in the world, with 15,000 for our military endeavors, we have to tor and the guy now who is the person dedicated Federal air traffic control- know the people in the towers and developing the equipment that in many lers who guide home safely more than their support system are always on the cases now is doing the surgery—is all 2 million passengers a day. They are job, that they are reliable, that there is one thing. Would you think of splitting expert professionals who perform under no dispute between a company or cor- off parts of that and saying one part pressure every day to keep our skies porate headquarters and the need of ought to be here, one part ought to be safe. the people. there? I think not. We include them Air traffic controllers play a major That is why it is so shocking the all. We say this is one integrated sys- role in homeland security. When Presi- FAA is being asked to take steps to tem. dent Bush gave his State of the Union privatize air traffic control in this I come out of the technology busi- speech this year, it was the flight serv- country. It makes no sense, especially ness—of course, it was 20 years ago— ice station air traffic controllers who

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7788 CONGRESSIONAL RECORD — SENATE June 12, 2003 sent alerts to pilots around here to hands of the lowest bidder. It makes no contract tower program. This program avoid the expanded no-fly zone around sense. allows smaller airports to continue to . We wanted to keep the My amendment declares air traffic have air traffic control where an FAA President safe. We wanted the security control functions to be ‘‘inherently tower might not be fully justified. to be maintained. It takes a certain governmental’’ and therefore it means The Transportation Department’s In- skill and dedication and experience to they ought to stay with the Govern- spector General has examined this pro- make sure it gets done, that it gets ment and they are therefore not eligi- gram. He found that contract towers done in a timely fashion. ble for outsourcing. are just as safe and effective as FAA When the Space Shuttle Columbia I want to point out the Member of towers and on average cost $800 thou- tragically exploded in the skies over the British Parliament, Gwyneth sand a year less. This amendment , it was the air traffic controllers Dunwoody, the MP, is the equivalent of would prohibit any other existing tow- who directed the aircraft away from our distinguished Senator MCCAIN in ers from becoming contract towers. the falling debris field. this body. So we have a considered FAA continues to operate about 71 These men and women perform a opinion from someone who has the re- towers that are similar in traffic and critical function. Our security ought sponsibility and has been through it. complexity to towers currently in the not be up for bid. Some claim privat- I urge my colleagues to support safe- contract program. For example, in Vir- ization will save money, but we have to ty and security in our skies by voting ginia, the tower at Manassas Regional take a look at other countries’ experi- for the amendment, keeping the FAA Airport, which has general aviation ments with air traffic control privat- as a body in the hands of the Govern- only, is FAA-operated but the tower at ization. When you do, you see financial ment. Charlottesville-Albemarle Airport, messes and safety hazards. Australia, I yield the floor. which has frequent commercial service, Canada, and Great Britain have all The ACTING PRESIDENT pro tem- is a contract tower. Converting these privatized systems that are now in cri- pore. The Senator from Arizona. towers could save the FAA about $57 sis. Costs have gone up and safety has Mr. MCCAIN. Mr. President, I oppose million dollars per year in operating gone down. Since Great Britain adopt- this amendment and I think we ought costs and free up 900 controllers that ed privatization, near misses have in- to understand this amendment does could be used in more complex facili- creased. That means near misses in the more than tie FAA’s hands with re- ties and help meeting the pending wave sky. When I told someone this, he said, spect to air traffic control manage- of controller retirements. You mean people missed more flights? ment. It would prevent a host of broad- The Administration is adamantly op- I said, No, no, airplanes missing one er measures as well. Certain FAA re- posed to this amendment or any other another. Near misses have increased by sponsibilities are best fulfilled by con- provisions that would reduce the FAA’s 50 percent, and delays have increased tract, using a combination of Govern- flexibility and ability to control costs. by 20 percent. The British government ment and private services, as is the In a letter to the House, Secretary Mi- has already had to bail out the case today. neta indicated that he will recommend privatized air traffic control company Congress gave the FAA unique pro- a veto of any bill that contained provi- twice. curement authority for exactly this sions similar to this amendment. Look at this quote from a Member of reason and the amendment would com- We will hear today a lot of discussion the British Parliament. promise that authority. For example, about how admirably the air traffic The privatization of the UK’s air traffic the FAA’s air traffic control systems controllers performed on September 11, control system was a grave mistake, and one are increasingly composed of commer- and it is true. It is absolutely true. that the United States can still avoid mak- cial components and software that They did a magnificent job. It is also ing. British Air Traffic Controllers are build upon privately developed com- true that the air traffic controllers in among the best in the world, and they fought puter programs. If this amendment Canada worked extremely well with tooth and nail to keep ATC in the public sec- passes, the FAA’s costs to maintain their partners, the counterparts in the tor. They insisted that the sale of the Na- and install its systems would most U.S., and they are not government em- tional Air Traffic Services—NATS—would lead to a collapse in morale, the unwise in- likely increase significantly as the ployees. They are privatized air control troduction of inadequate and unreliable FAA tries to acquire needed data providers. equipment, and an increasing danger of cata- rights to maintain the equipment or All of us appreciate the enormous strophic accidents. The Government did not forgoes the advantages of using com- contributions and terrific jobs that our listen and went ahead. They were wrong and mercial products. air traffic controllers did, and do. The the air traffic controllers were right. Furthermore, the FAA would pay question is, Will the administration be This is from Gwyneth Dunwoody, a ever-escalating training costs to pro- able to have the flexibility necessary British MP in the House of Commons. vide its workforce with the changing to do such things as contract towers Why should we jeopardize the skills needed to maintain multiple sys- that operate without the complexities public’s safety in the skies? We have tems. and difficulties that are associated the best system in the world now. Why The amendment prevents the FAA’s with major air traffic control centers? should we risk making it more dan- ability to reduce its operating costs by I ask unanimous consent that a let- gerous and costly. We should not re- contracting out certain operations— ter dated June 12 from the Office of peat the mistake other countries have such as providing weather information Management and Budget, Statement of already made. to pilots. Congress has been very crit- Administration Policy, be printed in I want to make clear to my col- ical of the FAA’s continually increas- the RECORD. leagues my amendment does not affect ing operating costs. This amendment There being no objection, the mate- the expansion of the contract tower would take a very important tool for rial was ordered to be printed in the program. That is one that is contracted controlling costs away from the FAA. RECORD, as follows: out away from the FAA, typically in The FAA is currently conducting a EXECUTIVE OFFICE OF THE PRESI- smaller communities, and that service competition to evaluate the perform- DENT, OFFICE OF MANAGEMENT seems to function very well. It has ance of its 61 flight service stations, AND BUDGET, been in place a long time. That pro- which provide needed services, such as Washington, DC, June 12, 2003. gram, which affects the small visual- weather briefings, to general aviation STATEMENT OF ADMINISTRATION POLICY flight-rules airports, can be expanded pilots. The FAA expects that the com- S. 824—AVIATION INVESTMENT AND to any of the 4,000 airports that are eli- petition will identify innovations and REVITALIZATION VISION ACT gible. My amendment only affects FAA lead to greater value for America’s pi- The Administration strongly supports Sen- towers. lots at a lower cost to the taxpayer. ate passage of S. 824. Like the Administra- Our luggage is important, important The bottom line is that the legislation tion’s proposal, S. 824 would authorize fed- eral aviation programs without increasing enough to be screened by trained Fed- would stop this study—a study that en- taxes or fees on an industry that has been se- eral workers. But once you are up in courages the FAA. verely impacted since the attacks on Sep- the sky, it seems the administration Finally, this amendment prevents tember 11th. The bill contains important en- believes your safety should be in the the FAA from expanding the existing vironmental provisions including voluntary

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7789 air quality initiatives; environmental manage the air traffic control system; issues, the capacity issues, and the streamlining elements for safety and airport and, if such an amendment were in- issues of air traffic control and safety capacity projects, and a more flexible use of cluded in the final legislation pre- all in a way that I think is quite posi- the Airport Improvement Program (AIP) sented to the President, his senior ad- tive. noise setaside. The bill also adopts struc- tural changes to the Federal Aviation Ad- visers would recommend that he veto I appreciate the chairman of the ministration (FAA) that were included in the the bill. committee and the ranking member Administration’s bill, as well as important I very much dislike having all the working to get this bill out. It came clarifications in the area of judicial review work that has been done on this legis- out of our Commerce Committee, and I of both airport environmental and agency lation for literally months be negated look forward to supporting it. acquisition decisions. by one amendment. Although it may be Thank you, Mr. President. I yield the The Administration will work with Con- emotionally an important issue, I floor. gress to ensure, in the version of the bill pre- would hate to see that provision de- The PRESIDING OFFICER. The Sen- sented to the President, that: (1) spending ator from New Jersey. during the authorization period conforms to stroy all the hard work and important the amounts requested by the Administra- programs that are included in this bill. Mr. LAUTENBERG. Mr. President, I tion; (2) environmental streamlining provi- I don’t know what the plans are for listened carefully to comments made sions include safety projects and are opti- the other side. We would obviously like by our leader, the distinguished col- mized to promote their intended goals; (3) to have a vote on the Lautenberg league from Arizona. I want to say that the Aviation War Risk Insurance program amendment. I think there are negotia- there are places where the contract remains focused on aircraft used to support tions going on and conversations con- tower process can be used. There are U.S. military and foreign policy objectives; cerning that. In the meantime, I note some 4,000 airports across the country (4) responsibility for transportation security where the contract tower program expenditures is consolidated in the Depart- the presence of the Senator from ment of Homeland Security and fees col- Texas. might apply. I have no objection to lected for security activities are not diverted I yield the floor. those smaller airports converting to to purposes other than the provision of di- The PRESIDING OFFICER. The Sen- that system. But we are grandfathering rect security services; (5) the appointment of ator from Texas. those that are presently FAA con- members and the operation of any commit- Mrs. HUTCHISON. Mr. President, I trolled to continue in that vein to tees or commissions created by the bill are thank the Senator from Arizona. I also make sure that the system is intact, consistent with the appointments clause of thank the Senator from South Carolina and that the integrity of the func- the Constitution and the President’s con- for making sure that we have an FAA tioning is as planned. If there is a point stitutional authority to supervise the uni- tary executive branch and make rec- reauthorization bill on the floor in a in time at some future date when we ommendations to Congress; (6) any provision timely manner. want to look at this, I am more than for airline collaboration or coordinated ca- There has been so much impact on willing to discuss it. But I want to pacity reduction preserves competition to the aviation industry over the last 2 know exactly what the implications the maximum extent possible; (7) maximum years that I think we have had to are to the total system, and not simply flexibility is provided in the use of AIP funds refocus our efforts from capacity issues look at this as a financial gain because for security costs, noise set-aside and emis- which we were trying to address before in the long run, the financial gains are sions research and mitigation; (8) provisions 9/11 to now security issues. Certainly, ephemeral. We saw it in the British ex- regarding the use of space by the FAA at air- the parts of the bill that deal with ca- ports do not impose costs which preclude the perience. We saw it in the Canadian ex- continued provision of essential services by pacity are still here. I think it is war- perience. FAA; and (9) mandates which might interfere ranted that we look ahead. The avia- The Senator from Arizona talked with the FAA’s ability to optimize its orga- tion industry is going to come back, about how nobly the controllers from nization or research programs are mini- and we need to make sure we have the Canada performed on 9/11. Yes, we give mized. expedited environmental procedures them credit for that. But still in all, The Administration is aware that an for building new runways and help their system falls into higher costs all amendment may be offered to S. 824 that communities be able to meet the needs the time, and it is in financial despair, would inappropriately prohibit the conver- sion of any FAA facilities or function from of increased demand when that occurs. if I can use the terminology. We be- the Federal Government to the private sec- If we can do that before a crisis, it will lieve we take care of the issues con- tor. Such restrictions are unnecessary and help us allow airports to grow in an en- cerned. would hinder the FAA’s ability to manage vironmentally positive way. In a way, I think we would like to see what our the air traffic control system. If such an that can be handled by the community colleagues have to say about that. In amendment were included in the final legis- effectively. due time, I hope we will bring it to a lation presented to the President, his senior I think this bill is a good bill. I have vote. advisors would recommend that he veto the worked on it as the former chairman of I yield the floor. bill. the Aviation Subcommittee and now as Mrs. CLINTON. Mr. President, I PAY-AS-YOU-GO-SCORING a member of the Aviation Sub- thank my colleague from New Jersey The Budget Enforcement Act’s Pay-As- committee. I think it is very important for offering this amendment, which I You-Go requirements and discretionary spending caps expired on September 30, 2002. that we look at the major issues of se- am proud to cosponsor. This amend- The Administration supports the extension curity. ment will bar the use of funds to pri- of these budget enforcement mechanisms in I commend the committee for keep- vatize the functions of the air traffic a manner that ensures fiscal discipline and is ing the Security Trust Fund, which I control system in the United States, consistent with the President’s Budget. OMB think is so important. People pay a which will ensure that air traffic con- scoring of the bill is under development. ticket tax for security. I want to make trol will remain a Government func- Mr. MCCAIN. Mr. President, I will sure this ticket tax goes for security tion under the control of the Federal not bother with the entire letter except purposes. That is what this bill does. If Aviation Administration. to say that the administration strong- we start having a shoestring for the I believe that there are few functions ly supports passage of the bill. It talks Transportation Security Agency, they of Government more inherent to our about all the good things which will are going to start cutting corners, and responsibility than guaranteeing the happen as a result of the bill, most of we are not going to have an airtight safety and security of consumers of which we have already covered. I am system that a number of us want to en- transportation in our country. Since sure we will cover it again. But it also sure. We have a safer aviation system September 11, 2001, we have worked to says the administration is aware that today than we had on 9/10 in 2001. We increase the Federal role in improving an amendment may be offered to S. 824 want to make sure it stays that way. air security. Air traffic control is es- that would inappropriately prohibit We should not let our guard down. The sential to our Nation’s security and it conversion of any FAA facilities or kind of enemies there are today are is vital that we keep air traffic control functions from the Federal Govern- looking for vulnerabilities, and we are within the Government’s function in ment to the private sector. They say not going to allow them to have that. order to ensure a safe aviation system that such restrictions are unnecessary I think that is why this reauthoriza- on a day-to-day basis. It is also vital in and would hinder the FAA’s ability to tion discusses and handles the security the case of a terrorist attack. This was

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7790 CONGRESSIONAL RECORD — SENATE June 12, 2003 demonstrated vividly on September 11, those to see if there is something that why it is we took this very com- when central Government control of can be done governmentally. If they fortable, privately managed sector of air traffic proved essential in quickly can do it just as well or better in the our aviation system, the baggage clearing our skies and possibly pre- private sector, there ought to be some screeners, and brought them into Gov- venting further casualties. competition for that. I believe that. I ernment at three times the wage they Furthermore, it is clear that the in- believe that very strongly. were working? There are 33,000 or 28,000 tention of those who oppose this I am always sort of surprised at the of those people. amendment is to open the door for pri- efforts made to keep the government Mr. THOMAS. May I answer the vatization of air traffic control. This from doing that. If they study it and question, please? would be a disaster. An extensive Co- come up with the right answer, I think I do know why that is, and I would lumbia University study that looked at that is a good idea, instead of saying think you do, too. air traffic control privatization in we ought not to be doing any of those We decided it right here. I voted other countries found that there are no things. against it. I voted for having the pri- operational or economic advantages to I am an advocate of trying to have vate sector continue. That is why it privatizing air traffic control. In fact, competition to see how we can do the was done, because it is a political there is some evidence that suggests best thing. thing, and you know it and I know it. privatization can lead to an increase in Currently, the FAA is reviewing the Mr. LAUTENBERG. I am delighted— incidents, as fewer controllers are used jobs done by the flight services staff to I always enjoy the comments of my in an attempt to cut costs. For exam- determine if these jobs could indeed be friend from Wyoming. We talk the ple, privatization in Canada has led to done better by the private sector. same language in New Jersey. an operational irregularity rate twice I think most everyone knows that But to say it was a political decision, ours despite the fact that their air sys- President Bush and his Secretary have then it sounds relatively tem is 7 percent the size of ours. Pri- no intention of having private competi- meritoriousless. But I hear people say vatization may also increase costs. The tion for the air traffic controllers. things are better with the folks work- British Government has twice had to What we are talking about here is ing for Government. Of course, we have bail out its privatized system for $131 the flight service function, which is started to lay off a lot of baggage million, about two-thirds of what they quite different. Currently provided for screeners already. And so, to me, the originally sold it for. in general aviation, of course, is that chances of baggage screening being of I urge all of my colleagues to support pilots currently review it to see if the same danger as changing the sys- this amendment in order to ensure the flight service functions could be mod- tem that now—— continued safety of our aviation sys- ernized by allowing the private sector Mr. THOMAS. Is there a question? tem. Let us focus on how to improve to provide some of these services. Mr. LAUTENBERG. Mr. President, I our air traffic control system without So it seems to me that is reasonable. am sorry. Forgive me. I did not mean compromising safety. And to come in with an amendment to use the time of the Senator from The PRESIDING OFFICER. The Sen- that says you cannot take a look at Wyoming. I was just trying to respond ator from Mississippi. doing something better is a surprise to to his answer. Mr. COCHRAN. Mr. President, I ask me. Mr. THOMAS. I understand, and you unanimous consent the pending amend- The commercial airlines rely on the will probably have an opportunity to ment be set aside so I may offer an private sector for weather and all kinds do that. Let me respond to what you amendment to the bill. of things. There is really no reason to are saying. The PRESIDING OFFICER. Is there think that is something that is done You talk about how much better it objection? better by Government people than it is is. I think if you had spent that many Mr. MCCAIN. Mr. President, if my by private sector people. Who is flying billions of dollars doing it on the other friend from Mississippi would not the airplane, for example? That is side, it perhaps would have been better mind, the Senator from Wyoming has a where the real test comes. as well. brief statement counter to the Lauten- So it seems to me we ought not to So I urge Senators to not accept this berg amendment. adopt this kind of an amendment. Re- amendment and to let us continue to So that we can be agreeable, I ask member, this is a current A–76 study have a study of what might better be unanimous consent that immediately that is underway. It is a study, and we done rather than saying, flatly, we can- following the Senator from Wyoming, ought to give that an opportunity to not even take a look at a possible mod- we set aside the Lautenberg amend- happen. ernization. ment for the purpose of the Senator The FAA has categorized air traffic I yield the floor. from Mississippi proposing an amend- controllers as noninherently govern- The PRESIDING OFFICER (Mr. ment. mental. They have shielded the air ALEXANDER). The Senator from Mis- The PRESIDING OFFICER. Without traffic controllers from the A–76 study. sissippi. objection, it is so ordered. Mr. LAUTENBERG. Will the Senator AMENDMENT NO. 898 Mr. COCHRAN. I thank the Chair. from Wyoming yield for a question? Mr. COCHRAN. Mr. President, under The PRESIDING OFFICER. The Sen- The ACTING PRESIDENT pro tem- the unanimous consent agreement pro- ator from Wyoming. pore. The Senator from New Jersey. pounded by the distinguished Senator Mr. THOMAS. I thank the President, Mr. LAUTENBERG. Mr. President, I from Arizona, I ask unanimous consent and I thank the Senator from Mis- asked if the Senator from Wyoming that the pending amendments be set sissippi. I will not take long. In fact, I would yield for a question. aside, and I send an amendment to the just came from a markup in health Mr. THOMAS. Sure. Yes. desk and ask it be reported. The care. I was very much interested in the Mr. LAUTENBERG. I ask if the Sen- amendment is at the desk. discussion that was going on here. We ator from Wyoming is aware of the fact Mr. REID. Reserving the right to ob- are all involved, of course, in one way that some $20 million has already been ject, Mr. President, I missed the unani- or another in air traffic control. I am a spent on a survey or a study of this mous consent request. What is it? What former private pilot and have experi- process? is the request? enced a great deal over the years. I Mr. THOMAS. I am not aware of Mr. COCHRAN. The request is that don’t fly anymore because I don’t get that. Are you aware of the outcome? the pending amendments be set aside enough opportunity to be safe. Never- Mr. LAUTENBERG. No. and that I may be permitted to offer an theless, I have listened. Mr. THOMAS. No. amendment to the bill. First of all, I am very much inter- Mr. LAUTENBERG. The outcome is Mr. REID. I would agree to that if we ested in doing all we can in govern- one we see that says perhaps we ought have a time set for a vote on the Lau- ment to modernize and make it as effi- to put the security of the FAA out to tenberg amendment. Other than that, cient as can be. That is what the ad- the cheapest bidder. I am aware that is because I don’t want his amendment ministration seeks to do in various where it comes out. And can the distin- to—— kinds of activities, taking a look at guished Senator from Wyoming explain Mr. MCCAIN addressed the Chair.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7791 The PRESIDING OFFICER. The Sen- ‘‘(d) MATCHING REQUIREMENTS.— it is OK to authorize the Transpor- ator from Arizona. ‘‘(1) IN GENERAL.—Not less than the fol- tation Security Agency to collect the Mr. MCCAIN. When would the Sen- lowing percentage of the costs of any project money and make it available, but we ator like to have that vote? funded under this section shall be derived need to make that subject to appro- from non-Federal sources: Mr. REID. We would like to have it ‘‘(A) For hub airports and medium hub air- priations. That is the point because we as soon as possible. ports, 25 percent. are going to divert money from the De- Mr. MCCAIN. Mr. President, I ask ‘‘(B) For airports other than hub airports partment of Homeland Security for unanimous consent that pending the and medium hub airports, 10 percent. this new purpose, and we have a letter discussion of the Cochran amendment, ‘‘(2) USE OF BOND PROCEEDS.—In deter- from Secretary Ridge explaining that. I we move then to a vote. mining the amount of non-Federal sources of ask unanimous consent that a copy of Mr. REID. Well, I know we have two funds, the proceeds of State and local bond his letter dated June 11 to me be print- issues shall not be considered to be derived, of our most senior Members here in- ed in the RECORD. directly or indirectly, from Federal sources volved in this debate, Senator COCHRAN There being no objection, the mate- without regard to the Federal income tax and Senator BYRD, and they usually do treatment of interest and principal of such rial was ordered to be printed in the not talk for 5 minutes. bonds. RECORD, as follows: Mr. COCHRAN. Mr. President, if the ‘‘(e) LETTERS OF INTENT.—The Secretary of U.S. DEPARTMENT OF HOMELAND SE- Senator will yield, I do not intend to Homeland Security, or his delegate, may CURITY, OFFICE OF THE SEC- talk long. I do hope we can permit Sen- execute letters of intent to commit funding RETARY, ator BYRD to make a statement on this to airport sponsors from the Fund. June 11, 2003. amendment. I do not know how much ‘‘(f) CONFORMING AMENDMENT.—Section Hon. THAD COCHRAN, Chairman, Subcommittee on Homeland Security, time he would need for that purpose. 44940(a)(1) of title 49, United States Code, is amended by adding at the end the following: Committee on Appropriations, U.S. Senate, Mr. BYRD. Five minutes. ‘(H) The costs of security-related capital Washington, DC. Mr. MCCAIN. The Senator says 5 improvements at airports.’. DEAR MR. CHAIRMAN: The Administration minutes. ‘‘(g) DEFINITIONS.—Any term used in this appreciates the continued support of Con- Mr. President, I say, we are prepared section that is defined or used in chapter 417 gress for improvements in the security of the to accept the amendment by Senator of title 49 United States Code has the mean- Nation’s civil aviation system and supports COCHRAN. ing given that term in that chapter.’’. Senate passage of S. 824, the Aviation Invest- ment and Revitalization Vision Act (Air-V). Mr. REID. No objection. Mr. COCHRAN. Mr. President, I also The PRESIDING OFFICER. Without However, the Administration opposes a pro- note that Senator BYRD is a cosponsor vision in S. 824 that would divert fees col- objection, it is so ordered. of the amendment. I appreciate very lected for security activities for purposes The clerk will report. much hearing the assurance of the Sen- other than the provision of direct security The legislative clerk read as follows: ator from Arizona that this amend- services. The Senator from Mississippi [Mr. COCH- ment will be accepted, so I am not With the Homeland Security Act of 2002, RAN] for himself and Mr. BYRD, proposes an going to talk long. I do not want to Congress identified the Department of Home- amendment numbered 898. land Security (DHS) as the focal point of the talk our way out of getting this Mr. COCHRAN. Mr. President, I ask federal government’s homeland security ef- amendment accepted, but I do briefly forts, with the mission of preventing ter- unanimous consent that reading of the want to say what it does, and then I amendment be dispensed with. rorist attacks and reducing the nation’s vul- will be happy to yield to Senator BYRD nerability to terrorism. While the Depart- The PRESIDING OFFICER. Without for whatever comments he would like ment welcomes and appreciates the assist- objection, it is so ordered. to make. ance of other agencies in improving security, The amendment is as follows: This amendment seeks to amend sec- any diversion of security fees, such as that (Purpose: To provide authorization for an tion 402 of the bill. Section 402 creates proposed in S. 824, would directly undermine Aviation Security Capital Fund) the Department’s ability to fulfill its mis- a new entitlement program, in effect, On page 145, beginning with line 8, strike sion. Air-V would establish an Aviation Se- all down through and including line 24 on and it is a capital fund program that curity Capital Fund that is both outside the page 147, and insert the following: would permit the Transportation Secu- control of the Department and funded by di- ‘‘SEC. 402. AVIATION SECURITY CAPITAL FUND. rity Administration to use up to $500 verting $500 million per year of passenger ‘‘(a) IN GENERAL.—There may be estab- million—the first $500 million collected and air carrier security fees collected by the lished within the Department of Homeland each year from the emplanement fee; Transportation Security Administration Security a fund to be known as the Aviation $2.50 per passenger that is now col- (TSA). This would diminish the Depart- Security Capital Fund. There are authorized lected under current law—and transfer ment’s funding capacity. As you know, the to be appropriated to the Fund up to direct annual costs of operating the aviation those funds to the Department of security system are not fully offset by these $500,000,000 for each of the fiscal years 2004 Transportation for administration of through 2007, such amounts to be derived fees, and diverting fee revenue for other pur- from fees received under section 44940 of title this capital fund. poses clearly weakens the intended financing 49, United States Code. Amounts in the fund The Department of Transportation structure of TSA set forth in the Aviation shall be allocated in such a manner that— could then allocate those funds to air- and Transportation Security Act. Diversion ‘‘(1) 40 percent shall be made available for ports for security improvements. There of the fees into a fund outside of DHS under- hub airports; are provisions in the amendment about mines the ability of the Administration to ‘‘(2) 20 percent shall be made available for how much hub airports would be enti- apply these resources to the most pressing security needs. medium hub airports; tled to—40 percent; 20 percent to me- ‘‘(3) 15 percent shall be made available for The Administration looks forward to work- small hub airports and non-hub airports; and dium hub airports, and the like. But ing with Congress to ensure that the version ‘‘(4) 25 percent may be distributed at the the problem with it is the CBO says of the bill presented to the President elimi- Secretary’s discretion. that, unlike the arrangement under nates this objectionable provision. ‘‘(b) PURPOSE.—Amounts in the Fund shall current law, where the Transportation The Office of Management and Budget has be available to the Secretary of Homeland Security Administration spends these advised that there is no objection, from the security to provide financial assistance to funds for airport screeners and other standpoint of the Administration’s program, to the submission of these views for the con- airport sponsors to defray capital invest- activities under the jurisdiction of the ment in transportation security at airport sideration of the Congress. facilities in accordance with the provisions Transportation Security Administra- Sincerely, of this section. The program shall be admin- tion, it would no longer be able to have TOM RIDGE. istered in concert with the airport improve- those activities offset by the funds that Mr. COCHRAN. Mr. President, I am ment program under chapter 417 of title 49, are collected from the passengers, hopeful we can go forward. I appreciate United States Code. which means we would have to appro- very much the assurance of the Sen- ‘‘(c) APPORTIONMENT.—Amounts made priate additional money each year to available under subsection (a)(1), (a)(2), or ator from Arizona that the amendment pay for those purposes that are now will be included in the bill. (a)(3) shall be apportioned among the air- being paid for out of the emplanement ports in each category in accordance with a I yield the floor. formula based on the ratio that passenger fund that is designated and earmarked The PRESIDING OFFICER. The Sen- enplanements at each airport in the category for that purpose now. ator from West Virginia is recognized. bears to the total passenger enplanements at So what we are doing is saying, it is Mr. BYRD. Mr. President, I am all airports in that category. OK to set up this new capital fund, and pleased to join my friend and the

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7792 CONGRESSIONAL RECORD — SENATE June 12, 2003 Chairman of the Homeland Security I sympathize with the dilemma fac- lation to the Lautenberg amendment Appropriations Subcommittee, Senator ing the members of the Commerce No. 893 occur at 2:30 today, with no COCHRAN, in offering this amendment Committee. They are attempting to re- amendments in order to the amend- today. At the same time, I deeply re- lieve the security construction burden ment prior to the vote; further, that gret the fact that we are being forced facing our Nation’s airports. I support the remaining time until 2:30 be equal- to have to come to this floor and offer these airport security programs and ly divided in the usual form. this amendment. have provided funds in the past to Mr. REID. No objection. S. 824 contains a brand new $500 mil- begin to meet these airport security The PRESIDING OFFICER. Without lion entitlement program. This legisla- needs. However, the President did not objection, it is so ordered. tion would earmark $500 million of ex- request one dime for airport security Mr. MCCAIN. Mr. President, I wish to isting aviation security fees for grants construction in his budget, not one mention to my colleagues that we are to airports for construction. dime. So if this provision became law, moving along on the amendments on The Transportation Security Admin- we would need to cut $500 million from this side. I know there is an amend- istration was created by the Congress homeland security priorities requested ment by the Senator from Oklahoma, in response to the attacks of Sep- by the President. Mr. INHOFE, which I hope we can con- tember 11. It was a failure of our air- Our amendment is a simple one. In- sider rather quickly. It is a very inter- port screening procedures that allowed stead of creating a new entitlement esting amendment on raising the age 19 men to board domestic airliners with program, instead of creating a colossal from 60 to 65. There are several amend- weapons and turn four planes into in- new $500 million earmark, instead of ments by Senator BURNS. struments of death and destruction. putting airport construction grants at I say to my friend on this side that I With the creation of the Department of the front of the line, ahead of border think we can probably agree to at least Homeland Security, the TSA was security, port security or first re- a majority of them. I know of no other transferred from the Department of sponder grants, this amendment would amendments that would be pending on Transportation to the new Homeland simply turn this new $500 million pro- this side. If there are, we hope that Security Department. The Appropria- gram into an authorization. It would during the vote that takes place at 2:30 tions Subcommittee on Homeland Se- allow the Senate to use the appropria- we can get pending amendments at curity, which is so ably chaired by the tions process to make careful choices least brought to our attention so we senior Senator from Mississippi, is among the competing homeland secu- can schedule them. I still believe there charged with funding the TSA—one of rity priorities. is a very good opportunity to finish many agencies now in the Department I urge my colleagues to join us on this legislation tonight. of Homeland Security. this amendment and strike this ill-ad- Mr. President, I suggest the absence The President’s Fiscal Year 2004 vised provision. of a quorum. budget request for the TSA assumes I yield the floor. The PRESIDING OFFICER. The that $2 billion and $70 million in avia- The PRESIDING OFFICER. The Sen- clerk will call the roll. tion security fees will go to the TSA to ator from Arizona is recognized. The assistant legislative clerk pro- meet its security requirements. These Mr. MCCAIN. Mr. President, we are ceeded to call the roll. fees are used to fund the thousands of ready to accept the amendment on this Mr. REID. Mr. President, I ask unan- screeners at our airports, for pur- side. imous consent that the order for the chasing security equipment such as ex- Mr. HOLLINGS. It has been cleared quorum call be rescinded. plosives detection equipment, and for on this side. The PRESIDING OFFICER. Without the Federal Air Marshals program, all The PRESIDING OFFICER. If there objection, it is so ordered. of which help secure our airports and is no further debate, the question is on AMENDMENT NO. 891, WITHDRAWN the millions of travelers who use them. agreeing to the amendment. Mr. REID. Mr. President, I ask that The provision in this bill that Senator The amendment (No. 898) was agreed my amendment No. 891 which I offered COCHRAN and I are seeking to modify to. earlier today be withdrawn. would take $500 million of those fees Mr. MCCAIN. Mr. President, I move The PRESIDING OFFICER. Without that the President has requested for to reconsider the vote. objection, it is so ordered. the TSA and instead earmark the $500 Mr. REID. I move to lay that motion Mr. REID. I suggest the absence of a million for a new entitlement program on the table. quorum. for airport construction grants. The motion to lay on the table was The PRESIDING OFFICER. The This new mandatory program pur- agreed to. clerk will call the roll. ports to ‘‘solve’’ an airport security Mr. BYRD. If the Senator will yield The assistant legislative clerk pro- construction problem. However, the briefly, I thank the Senator from Ari- ceeded to call the roll. provision actually creates a homeland zona and the comanager on this side of Mr. REID. Mr. President, I ask unan- security problem. The provision will the aisle for their accepting the imous consent that the order for the create a $500 million hole in the TSA amendment. I think it is a real service. quorum call be rescinded. budget—a hole that the Homeland Se- Mr. MCCAIN. Mr. President, I under- The PRESIDING OFFICER. Without curity Subcommittee will be unable to stand it is the agreement of the Sen- objection, it is so ordered. fill without creating other holes in our ator from Nevada that we will have a Mr. REID. I ask for the yeas and nays homeland security budget. vote at 2:30 on the pending amendment. on the Lautenberg amendment. How should we fill that $500 million Mr. REID. Yes. The PRESIDING OFFICER. Is there a hole? Should we take Border Patrol Mr. MCCAIN. Could I have a small sufficient second? agents off our Southwest border? modification, a technical amendment? There appears to be a sufficient sec- Should we cut port security programs? Mr. REID. Yes. ond. Should we further slow down the Coast AMENDMENT NO. 889, AS MODIFIED The question is on agreeing to Guard’s modernization program? Mr. MCCAIN. Mr. President, I have a amendment No. 893. Should we reduce the numbers of in- modification of amendment No. 889 at The clerk will call the roll. spectors at our ports of entry on our the desk. It is a technical correction The assistant legislative clerk called borders and increase the waiting time concerning the sale of airline tickets the roll. for agricultural produce to enter the that was inadvertently included in the Mr. REID. I announce that the Sen- U.S. from Mexico and Canada? Should managers’ package. ator from (Mr. we cut grants to our States and cities The PRESIDING OFFICER. Without EDWARDS), the Senator from Vermont to equip and train first responders? objection, the amendment is so modi- (Mr. JEFFORDS), and the Senator from These are the very real choices we on fied. Connecticut (Mr. LIEBERMAN), are nec- the Homeland Security Appropriations The modification is as follows: essarily absent. Subcommittee will have to face if the On page 10, strike lines 11 through 18 The PRESIDING OFFICER. Are there provision in this bill is permitted to Mr. MCCAIN. Mr. President, I ask any other Senators in the Chamber de- pass. unanimous consent that the vote in re- siring to vote?

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7793 The result was announced —- yeas 56, Bunning amendment which is being Second, I am offering an amendment nays 41, as follows: worked on. that passed out of the Commerce Com- [Rollcall Vote No. 222 Leg.] I believe a Burns amendment is being mittee last year. It does one very sim- YEAS —- 56 worked on as well. I think we are close ple thing. Currently, the age limit for a to completion of work on the amend- Akaka Domenici Levin commercial pilot is age 60. That was Baucus Dorgan Lincoln ments. If our colleagues have addi- established some 40 years ago. The life Bayh Durbin Mikulski tional amendments, we would certainly expectancy since that time has in- Biden Feingold Murkowski like to see them during this 40 minutes creased by about 12 years. There is no Bingaman Feinstein Murray Bond Fitzgerald of debate on the Inhofe amendment. medical reason that anyone has ever Nelson (FL) I yield the floor. Boxer Graham (FL) Nelson (NE) put forward why a pilot should have to Breaux Gregg Pryor The PRESIDING OFFICER. The Sen- stop flying at age 60. Quite frankly, I Byrd Harkin Reed ator from Oklahoma. Cantwell Hollings know pilots who are too old to fly at Reid Carper Inhofe AMENDMENT NO. 986 age 50. I am an exception. I am age 68, Rockefeller Chafee Inouye Mr. INHOFE. Mr. President, I send an and I am a better pilot than I was 40 Clinton Johnson Sarbanes Schumer amendment to the desk. years ago. But age is arbitrary. There Conrad Kennedy The PRESIDING OFFICER. The Corzine Kerry Specter are no two people alike. Daschle Kohl Stabenow clerk will report. For that reason, age 60 being an arbi- Dayton Landrieu Talent The assistant legislative clerk read trary number and having been around DeWine Lautenberg Voinovich as follows: for some 40 years, my preference would Dodd Leahy Wyden The Senator from Oklahoma [Mr. INHOFE], be not to have any age limit at all. NAYS—41 for himself, Mr. KYL, Mr. THOMAS, Mr. Frankly, I think we should have very Alexander Crapo McConnell BROWNBACK, Mr. GRASSLEY, and Mr. ENZI, strong, stringent medical require- proposes an amendment numbered 986. Allard Dole Miller ments. That is in the law today. And Allen Ensign Nickles Mr. INHOFE. Mr. President, I ask we should have very strong proficiency Bennett Enzi Roberts unanimous consent that reading of the Brownback Frist requirements. That is in the law today. Santorum amendment be dispensed with. Bunning Graham (SC) Sessions So long as a person is able to do that, Burns Grassley The PRESIDING OFFICER. Without Shelby that person should be able to continue. Campbell Hagel Smith objection, it is so ordered. Chambliss Hatch But, realistically, I believe people are Snowe The amendment is as follows: Cochran Hutchison Stevens going to say, well, that could lead up Coleman Kyl (Purpose: To establish age limitations for Sununu to very old ages—even my age. They do Collins Lott airmen) Cornyn Lugar Thomas not want that to happen. Warner At the end of title V, add the following new Craig McCain section: So we are putting an arbitrary age NOT VOTING—3 SECTION 521. AGE LIMITATIONS. limit of 65 so we can at least look at it for a period of time. There have been a Edwards Jeffords Lieberman (a) GENERAL.—Notwithstanding any other provision of law, beginning on the date that lot of studies. Johns Hopkins Univer- The amendment (No. 893) was agreed is 30 days after the date of enactment of this sity School of Hygiene did a study as to. Act— to what age someone would not have Mr. REID. Mr. President, I move to (1) section 121.383(c) of title 14, Code of Fed- the proficiency in flying an airplane. reconsider the vote. eral Regulations, shall not apply; They came back and said age has abso- Mr. LAUTENBERG. I move to lay (2) no certificate holder may use the serv- lutely nothing to do with it. There are ices of any person as a pilot on an airplane that motion on the table. other predictors that are much more The motion to lay on the table was engaged in operations under part 121 of title 14, Code of Federal Regulations, if that per- important. In fact, some studies have agreed to. son is 65 years of age or older; and shown that airline pilots exceed popu- The PRESIDING OFFICER. The Sen- (3) no person may serve as a pilot on an lation norms for physical health and ator from Nevada. airplane engaged in operations under part 121 mental ability. I believe that is true Mr. REID. If I may have the atten- of title 14, Code of Federal Regulations, if because they are required to take tion of the managers of the bill. that person is 65 years of age or older. physicals on a regular basis. The PRESIDING OFFICER. The Sen- (b) EFFECTIVE DATE.— I am a commercially rated pilot. I (1) IN GENERAL.—Except as provided in ate will be in order. have been for some 40 years. I can tell Mr. REID. One of the important paragraph (2), the provisions of this section shall take effect on the date that is 30 days you from personal experience in my amendments on this bill is the Inhofe after the date of enactment of this Act. particular case. Some of you in this amendment that has been discussed at (2) INTERIM LIMITATION.—During the period Chamber will remember this. I had an some length, on both sides, off the that begins on the date that is 30 days after experience just a couple of years ago floor. But both have agreed that the the date of enactment of this Act and ending with a single-engine airplane where the Inhofe amendment will be handled in 40 on the date that is one year after such date— front end of the airplane came off in minutes, equally divided. (A) subsection (a)(2) shall be applied by flight. Normally, with that situation substituting ‘‘64’’ for ‘‘65’’; and I ask unanimous consent that the you are through. However, drawing Inhofe amendment be the next in order (B) subsection (a)(3) shall be applied by substituting ‘‘64’’ for ‘‘65’’. upon experience, I was able to deter- and that the time for the amendment (c) CERTIFICATE HOLDER.—For purposes of mine where the new stalling speed was, be 40 minutes. this section, the term ‘‘certificate holder’’ which was three times what the stall- Mr. MCCAIN. Equally divided. means a holder of a certificate to operate as ing speed normally would be for that Mr. REID. And no second-degree an air carrier or commercial operator issued aircraft, and come back and made amendments be in order prior to the by the Federal Aviation Administration. somewhat of a crash landing, I guess, (d) RESERVATION OF SAFETY AUTHORITY.— vote, on or in relation to the amend- only because I didn’t have any gears ment. Nothing in this section is intended to change the authority of the Federal Aviation Ad- down there. But, nonetheless, quite The PRESIDING OFFICER. Is there ministration to take steps to ensure the frankly, I wonder if I would have been objection? safety of air transportation operations in- able to do that before. Mr. MCCAIN. Forty minutes equally volving a pilot who is 60 years of age or At this time, I would like to yield the divided. older. floor so I can see what type of opposi- Mr. REID. Yes. Mr. INHOFE. Mr. President, first of tion is here today. The PRESIDING OFFICER. Without all, I would like to say this is a non- I would like to tell you that everyone objection, it is so ordered. controversial amendment which every- is for it. Quite frankly, ALPA, the Air- The Senator from Arizona. one is for. line Pilots Association, is not for it. Mr. MCCAIN. Mr. President, before That is not true. But it is a very old There is a very good reason. It is not a we move to the Inhofe amendment, I subject. I say that in two ways. safety reason. It is not an age reason. wish to state for the benefit of my col- It is a subject that has been around It is a monetary reason. I have a great leagues, we have a Dorgan amendment for a long time and one that needs to deal of respect for younger pilots who which is being worked on. We have a be addressed one way or another. are commercial pilots working for the

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7794 CONGRESSIONAL RECORD — SENATE June 12, 2003 airlines. By getting rid of older pilots, Let me say I am sure the Senator be fine with me. And they have that ca- that leaves more upward mobility. from Oklahoma would agree, the FAA pability under current law to do so, but That is true. I think that is one of the has the opportunity and the discretion they have not because they believe it reasons they are opposed to it. In fact, and the ability right now this after- not advisable. I think the Senate would I think that is the only reason they are noon to make that age change, if they be well advised to listen to the FAA on opposed to it. Many of the airlines are wish to do that. The FAA has the au- this subject. for it, and some are against it. Some of thority under law, as I understand it, I yield the floor and reserve the re- them are in opposition to my amend- to change the rule as they see fit. They mainder of my time. ment as an economic issue. As a pilot have continuously, however, kept the The PRESIDING OFFICER (Mr. becomes older, he is paid more money. 60-year age rule because they want to CRAPO). The Senator from Oklahoma. Consequently, the payrolls in an ailing maintain the highest degree of safety Mr. INHOFE. Mr. President, first of industry would go up. I am sensitive to in air transportation. all, I have a great deal of respect for that. I have weighed that carefully and There have been a number of studies the Senator from North Dakota, and have determined this is the best thing. dealing with this issue. In 1979, Con- some of the things he says certainly do With that, I yield the floor. gress mandated a study conducted The PRESIDING OFFICER. Who make sense. I would have to say this, under the auspices of the NIH. In 1990, though. There is not a bureaucracy out yields time? the House Committee on Public Works Mr. DORGAN. Mr. President, let me there that, now and then, does not have asked the Office of Technology Assess- take such time as I may consume on to be prodded a little bit because it is our side. ment to examine the medical aspects the very nature of a bureaucracy not to The PRESIDING OFFICER. The Sen- of the Federal requirement that airline change. They do not want to change. ator from North Dakota. pilots retire at age 60 and to assess the Not long ago, I had a bill, on which I Mr. DORGAN. I intend to oppose the state of the art medical risk assess- believe the Senator from North Dakota amendment. In many ways, I regret op- ment. There have been a number of supported me, called the emergency posing my friend from Oklahoma. He is these studies. revocation bill. It took 3 years before quite a remarkable pilot. I have had I chose not to go into the conclusions we got the votes to pass it. It was the opportunity to ride with him. I be- of all the studies except to say that the something that should have been done, lieve he flew around the world in a sin- FAA, in reviewing the body of informa- I believe, by the FAA; and I think most gle-engine airplane at one point. tion in those studies, decided that they of them would agree. Many of them in Mr. INHOFE. It was actually a twin- believed the 60-year age retirement the field have told me since then that engine plane. rule was appropriate. it was something they should have Mr. DORGAN. Nonetheless, he is a Again, in April 2000, the FAA re- done. They are very busy, they have pilot who has flown around the world. affirmed its position and decision to their hands full, and probably the fur- He knows a bit about flying. maintain the 60-year retirement age. thest thing from their minds is making I learned to fly at one point in my That decision was appealed to the a change. life. I know something about the won- courts actually in 2001, and the Sev- When it gets down to age, when you ders of it. I know something about the enth Circuit Court of Appeals upheld talk about 60, age 60, when this rule time the instructor steps out of the the FAA’s decision. was put in, is the same as age 72 today. plane and says: It is your turn. Take it Once again, I say I am not an expert. Everything that is tied to an index— up alone. That is one of the moments I would expect, perhaps, the Senator whether it is retirement, Social Secu- in your life you will always remember. from Oklahoma would make the same rity—they all have increased in age, The issue here is about an age limit statement. The question of safety and except this one issue. for commercial pilots. I don’t stand the question of the proper retirement here as an expert on this subject. I age given medical circumstances with As far as safety is concerned, I do not don’t expect there is an expert in the respect to commercial flight and the think the FAA would tell you the arbi- Senate on this subject. The question of commercial license that one needs to trary age of 60 or 65 is going to relate the age rule is a question that the FAA fly is a decision that is enormously to safety. But what they relate to safe- has dealt with, and they have dealt complicated. It is a decision that has ty is the medical and proficiency re- with it repeatedly. been studied and restudied by the FAA quirements, which are very stringent. The history of this rule goes back folks whose job it is to provide the as- And the older you get, I suggested to many years. It is a rule that has been surance of safety. I frankly am com- my friend from North Dakota, the around for a long while. It was estab- fortable with whatever decision they more stringent they become, because I lished by the FAA as a matter of safe- have had to live through this myself. ty. I know this rule has actually been make. If they were to decide this afternoon, On the argument that there is not a considered by the Senate previously as look, we have studied this from six shortage of pilots, now we are going well. more angles and here is what we have through a temporary phase. I think, as At one point during its consideration everyone in this Chamber knows, we in the Senate, it was considered and concluded, and it came up with a dif- ferent number, that would be fine with are going through a rebuilding process proposed that we had a shortage of pi- of our military, and the supply and de- lots, and, therefore, we should remove me. But I must say, I am not com- fortable with the Senate arbitrarily de- mand of pilots is something that is this age restriction and increase it going to change. I just hope that does some. Of course, now we have exactly ciding there is a number that we know better than the FAA which represents not influence a person into making the opposite. We have many pilots who that decision on a vote. are furloughed and laid off and would the risk assessment with respect to I say to the Senator, he is right, safe- like to come to work. That is not the this mandatory retirement age. For ty is the big issue. But we can show— issue. The issue is one of safety. that reason, I regret I have to oppose I think the FAA has always erred on the amendment. and have testimony, a lot of which I the side of safety. I expect that all of Again, let me finish by saying this is have already talked about—that safety us want them to err on the side of safe- not a new subject and not a new de- is not related to age; it is related to ty. bate. We may not know much more medical conditions and proficiency. My judgment about this is that the about it than we did the last time we With that, I yield the floor to see if decision about age requirements for debated it, but I believed then and be- there are those who want to be heard. commercial pilots ought to be left to lieve now it is appropriate to allow the If not, I will yield back the remainder the regulatory agency, the FAA. They Federal Aviation Administration—the of my time. are the experts in this area. We are regulatory agency that has the experts The PRESIDING OFFICER. The Sen- not. They know more about this sub- and has the charge to make these deci- ator from Arizona. ject than we do. sions—to make this judgment. Mr. MCCAIN. Mr. President, I have I just feel uncomfortable substituting Again, it is my contention, if they been on the Commerce Committee for our judgment, with an arbitrary num- decided this afternoon to increase that quite a few years, not nearly as long as ber, for the judgment of the FAA. mandatory retirement age, that would my friend from South Carolina, but

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7795 long enough to know that this issue perience than a much younger indi- than this amount during that 40-year has been around for a long time. vidual would be. period. When it was first presented to me, it So I will clearly be supporting the Mr. HOLLINGS. Mr. President, I was presented to my office by a group amendment of the Senator from Okla- yield as much time as the Senator from of pilots who were nearing the age of homa. I appreciate his courage in Mississippi wants from the time re- 60. And they said: Gee, we are in great bringing up this issue. Maybe someday maining. shape. We fly planes that have two pi- we will be able to allow these young Mr. LOTT. Mr. President, how much lots in the cockpit. We would be willing men and women to serve past age 60 if time remains? to take three or four physicals every they are physically and mentally quali- The PRESIDING OFFICER. There year if necessary. We all know people fied to do so. are 12 minutes 55 seconds remaining. are living longer. We know that fewer I yield the floor. Mr. LOTT. I don’t believe I will need and fewer people smoke. We have rig- The PRESIDING OFFICER. Who the entire time. I will take a few min- orous physicals. yields time? utes to say that, in this case, I do feel I said: Gee, it makes good sense to The Senator from Oklahoma. the need to oppose this amendment by me. And as I grow older, it makes even Mr. INHOFE. Mr. President, first of Senator INHOFE. Our Commerce Com- more sense to me, I might add to my all, I thank the Senator from Arizona. mittee has discussed this issue several friend from Oklahoma. I would suggest that this is exactly times in the past and at various times But here is the problem. The airlines like the bill that came out of the Com- we have gone different ways on it. In do not want it because they do not merce Committee last year or the year this case, I think you need to look at want to pay senior pilots the amount before, the 107th Congress. I really be- how we got where we are. The Federal Aviation Administration of money they have to pay them, and lieve it is time for us to do this. I know has the responsibility that is mandated so they want to get rid of them at age where the pressures are against it. to ensure aviation safety. In 1959, they 60 and bring in lower salaried pilots. If there is no one else on the other concluded, after concerns developed of And, of course, then, incredibly, the side who wants to be heard, I will yield potential detrimental effects of aging younger members of ALPA, the Airline back. and the risk of acute and incapaci- Pilots Association, want the old gee- Yes. The PRESIDING OFFICER. The Sen- tating medical conditions, that com- zers gone so they can move up more mercial pilots need to be required to rapidly. It is really kind of an incred- ator from North Dakota. Mr. DORGAN. Mr. President, let me retire at age 60. Today I believe there ible scenario, when you think about it. is sufficient evidence to keep that rule. We all know that people live longer make one final point. It is not quite so simple to say it is There is not enough evidence to reverse and are healthier longer. And the Sen- that. There is a case here where I be- ALPA, the airlines. The fact is, the ator from Oklahoma probably knows lieve most of the airlines, although not Federal Aviation Administration, the when this rule went into effect. I am all, support keeping it at 60. There is FAA, has the authority today to make not sure. no question that the representatives of a decision about increasing this retire- Mr. INHOFE. Forty years ago. the pilots prefer to keep it at 60. So Mr. MCCAIN. Forty years ago. The ment age. It has chosen not to, I as- you have an agreement. demographics have changed, and every- sume because the experts there have Also, I do feel as if, particularly in thing else has changed. It argues for at taken a look at the OTA study, the ac- the aviation area, there is a need right least allowing pilots to fly longer. cident rates, and whole series of things. now to have some opportunity for re- By the way, I might say, also—again, I agree, people are living longer, bet- tirement at 60, to bring in newer, maybe I have a little senior’s bias ter lives. I have an 81-year-old uncle young pilots or, as a matter of fact, to here—more experienced pilots are bet- who runs in the Senior Olympics. He decide they don’t need all those pilots. ter pilots. And if they are in good runs the 400 and the 800 at age 81. Peo- This is a unique time in the aftermath health, and there are two of them in al- ple are living longer. I understand all of 9/11, where at this time I am inclined most every commercial airliner, why that. not to think we should raise the age to in the world are we opposed to allowing The issue is, what the proper age is 65, whereas sometime down the road I them to fly longer? for retirement of commercial airline might be so inclined. supports the efforts. SWAPA and other pilots is not a function of the Senate, I do worry about age discrimination. organizations and individuals allow pi- making a judgment on the floor of the As I get older, I worry about it more lots to fly commercial jet aircraft be- Senate. In my judgment, it is a func- than I used to. I think in this case, yond age 60. JetBlue supports it. The tion of people who know, the medical with medical science and the acknowl- low-cost airlines all support it. The experts at the FAA, looking through edgement of the current situation in most expensive airlines, the more es- the data and making a considered judg- the industry, we should keep it at 60. tablished ones—most of them are ro- ment on behalf of the American people I don’t like to be on the other side of tating in and out of bankruptcy be- of what constitutes their best safety. my good friend, the Senator from Okla- cause of their outstanding manage- So that is the basis of this position. homa, but I think, all things consid- ment practices—are opposed to it. It is not, in my judgment, about ALPA ered, we should stick with what the So this is really a no-brainer, Mr. or the airlines, it is just saying, look, rule has been. President. We should allow these pilots whatever the judgment is, let it be, but Mr. INHOFE. Mr. President, the to serve longer and fly longer and be let’s have the experts make it. That is three arguments used by the distin- able to realize an income that comes my whole point. guished Senator from Mississippi are, from serving these airlines and the I yield the floor. first, economic. The pilots’ union is op- American public for a long time. The PRESIDING OFFICER. The Sen- posed to it. I said that in my opening Having said that, we will probably ator from Oklahoma. statement. There is a justified reason lose because right now, ALPA, the Air- Mr. INHOFE. Mr. President, I think for that. If I were a young pilot and a line Pilots Association, and the execu- we have responded to everything the member of the union, I might feel the tives and lobbyists for the major air- Senator from North Dakota has said. I same way because they want more up- lines are on the phone saying: Don’t do would only say that there are a lot of ward mobility. As far as the airlines this. This could be really dangerous. forces out there against it. But every are concerned, yes, they are going to It is hard for me to believe that argument that is against it, that is a have to pay a little more. The average someone 61 years old, who passed a legitimate argument, is an economic older pilots have greater salaries and physical, who is flying with another argument. benefits. These are economic reasons. qualified pilot, plus, in many cases, a I believe everyone in this Chamber I think we should consider these rea- flight engineer, is in any way a danger. has to understand that what was being sons but I don’t want anybody voting Not only that, in case there is some age 60, 40 years ago, is not the same as on this and believing in their heart kind of emergency, that pilot is prob- being age 60 today. And everything that they are doing it for safety or be- ably better qualified to handle that else, every other schedule we have cause of the supply and demand of pi- emergency by virtue of that pilot’s ex- written into law, has changed more lots. We all know that will change; we

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7796 CONGRESSIONAL RECORD — SENATE June 12, 2003 know that with the restructuring of [Rollcall Vote No. 223 Leg.] Mr. BINGAMAN. Mr. President, I rise our military. YEAS—44 today to speak briefly about the Binga- As I said, if it is a good age—first, it Allard Domenici Murkowski man-Inhofe amendment to preserve the should not be an age at all. It ought to Allen Ensign Nelson (FL) Essential Air Service Program. Our be based on medical tests and pro- Bennett Enzi Nickles amendment is cosponsored by Senators Bond Feingold Roberts ficiency tests. If 40 years ago 60 was a SNOWE, JEFFORDS, COLLINS, SPECTER, Breaux Fitzgerald Santorum good age, 65 would be better now. Brownback Frist Schumer HARKIN, CLINTON, SCHUMER, PRYOR, We will have a chance to look at this. Bunning Graham (SC) Sessions BEN NELSON, LINCOLN, and GRASSLEY. I Burns Grassley Smith I think there are a lot of people who Campbell Hatch thank them for their support. Specter would like to see a realistic approach Chafee Hutchison I first want to compliment Com- Stevens Collins Inhofe to this. I think we used the same thing Sununu merce Committee Chariman MCCAIN, for 40 years and certainly it is justified Cornyn Kyl Craig Lugar Thomas Aviation Subcomittee Chairman LOTT, to raise that at this time. Crapo McCain Voinovich and Ranking Members HOLLINGS and I yield the floor. DeWine McConnell Warner ROCKEFELLER for their good work on Mr. DORGAN. Will the Senator yield NAYS—52 this bill to reauthorize FAA. The bill for a question? Akaka Dodd Lincoln the Senate is now considering, S. 824, Mr. INHOFE. Yes. Alexander Dole Lott will do much to assure the safety and Mr. DORGAN. The Senator talked Baucus Dorgan Mikulski security of the traveling public. about a proficiency test. We would not Bayh Durbin Miller I am also pleased S. 824 includes a have difficulty if the FAA could find a Biden Feinstein Murray Bingaman Graham (FL) number of provisions that will help im- device that is appropriate to deal with Nelson (NE) Boxer Gregg Pryor prove commercial air service in rural that. I think they have evaluated that Byrd Hagel Reed areas, including a reauthorization of Cantwell Harkin for a long period of time and have not Reid Carper Hollings the Small Community Air Service De- Rockefeller been able to come to that conclusion. I Chambliss Inouye velopment Pilot Program. Sarbanes don’t think even those of us who would Clinton Johnson However, we do take issue with one agree with your amendment believe Cochran Kennedy Shelby Snowe provision in this bill that would for the there is a magic number here. I am not Coleman Kohl Conrad Landrieu Stabenow first time impose new costs on some qualified to set the number. Corzine Lautenberg Talent communities that participate in the Wyden I am not suggesting that it is ever Daschle Leahy EAS program. appropriate to increase the age limit. I Dayton Levin As the bill now stands, some commu- would prefer someone with the capa- NOT VOTING—4 nities would be required to pay to con- bilities of the FAA to evaluate the Edwards Kerry tinue to receive scheduled air service I medical histories to be able to do that. Jeffords Lieberman believe this arbitrary proposal could Mr. INHOFE. In terms of proficiency The amendment (No. 896) was re- eliminate scheduled air service from tests, I am a flight instructor. I test jected. many rural communities. Yesterday, people, and I think everybody doing Mr. MCCAIN. Mr. President, we have the House of Representatives voted to that takes into consideration age, and four Members here who have pending eliminate all mandatory cost sharing they are more stringent with them as amendments which are going to be ac- language from the FAA reauthoriza- they get older. cepted. All four Members want to have tion bill. I hope the Senate will do the Again, a person could be more pro- their amendment proposed and dis- same. ficient at age 70 than at age 40. This cussed. I ask unanimous consent Sen- happens to some people. That is why Congress established the Essential ator BINGAMAN be recognized for his Air Service Program in 1978 to ensure age should not be the determining fac- amendment, and Senator BUNNING, tor; proficiency and health should be. that communities that had commercial Senator DORGAN, and Senator INHOFE, air service before airline deregulation Certainly, economic factors should not. in that order. I know all will speak I yield the floor. could continue to receive scheduled briefly. service. Without EAS, many rural com- The PRESIDING OFFICER. Who Mr. LOTT. Reserving the right to ob- yields time? munities would have no commercial air ject, I want to clarify there were no service at all. Mr. HOLLINGS. Are they prepared to time agreements included, just the All across America, small commu- yield back their time? order that they would discuss the nities face ever-increasing hurdles to Mr. INHOFE. I yield back my time. amendments briefly. promoting their economic growth and Mr. HOLLINGS. We yield back our The PRESIDING OFFICER. Without development. Today, many rural areas time on this side. objection, it is so ordered. The PRESIDING OFFICER. If all lack access to interstate or even four- AMENDMENT NO. 906 time is yielded back, the question is on lane highways, railroads or broadband Mr. BINGAMAN. Mr. President, I agreeing to the amendment. telecommunications. Business develop- send an amendment to the desk and Mr. LOTT. Mr. President, I ask for ment in rural areas frequently hinges ask for its immediate consideration. the yeas and nays. on the availability of scheduled air The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a service. For small communities, com- clerk will report. sufficient second? mercial air service provides a critical The assistant legislative clerk read There is a sufficient second. The link to the national and international as follows. clerk will call the roll. transportation system. The legislative clerk called the roll. The Senator from New Mexico [Mr. BINGA- A recent study from the Department MAN], for himself, and Mr. INHOFE, Ms. of Agriculture, titled ‘‘How Important Mr. REID I announce that the Sen- SNOWE, Mr. JEFFORDS, Ms. COLLINS, Mr. ator from North Carolina (Mr. SPECTER, Mr. HARKIN, Mrs. CLINTON, Mr. is Airport Access for Rural Businesses’’ EDWARDS), the Senator from Vermont SCHUMER, Mr. PRYOR, Mr. NELSON of Ne- underscores the importance of com- (Mr. JEFFORDS), the Senator from Mas- braska, Mrs. LINCOLN, and Mr. GRASSLEY, mercial air service to rural commu- sachusetts (Mr. KERRY), and the Sen- proposes amendment No. 906. nities. In a survey of rural businesses, ator from Connecticut (Mr. LIEBERMAN) Mr. BINGAMAN. I ask unanimous access to airport facilities and air serv- are necessarily absent. consent the reading of the amendment ice was frequently cited as one of the I further announce that, if present be dispensed with. top problems for businesses in most and voting, the Senator from MA (Mr. The PRESIDING OFFICER. Without rural counties. Air facilities, services, KERRY) would vote ‘‘nay’’. objection, it is so ordered. and fares were also found to be impor- The PRESIDING OFFICER (Mr. The amendment is as follows: tant to tourist-related and service SMITH). Are there any other Senators (Purpose: To preserve the essential air businesses in rural areas. Not surpris- in the Chamber desiring to vote? service program) ingly, airport access was one of the The result was announced—yeas 44, Beginning on page 138, line 15, strike all least cited concerns of manufacturers nays 52, as follows: through page 142, line 11. in large- and medium-sized cities.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7797 The Essential Air Service Program The Governor of my state of New lieve these alternatives will be all that currently ensures commercial air serv- Mexico, Bill Richardson, said in a let- effective. I understand, none of the five ice to over 100 communities in thirty- ter to me supporting this amendment: EAS cities in New Mexico currently four states. EAS supports an additional The cost sharing provision has the po- charge the commercial carrier any fees 33 communities in Alaska. Because of tential to affect the economic welfare to land at the airport. In this way, our increasing costs and the current finan- of small communities in over 35 cities are already contributing to the cial turndown in the aviation industry, states—-particularly those in New cost of their commercial air service. particularly among commuter airlines, Mexico. I think we all appreciate the current about 28 additional communities have I also have a letter of support from concerns about the aviation industry been forced into the EAS program the New Mexico State Aviation Direc- and the EAS program. Ridership levels since the terrorist attacks in 2001. tor, Mike Rice, who said this: This sig- to rural cities are down. Meanwhile op- Congress already limits the eligi- nificant additional financial burden erating costs continue to increase, re- bility of the EAS program to commu- would have profound negative impacts sulting in ticket prices that fewer peo- nities more than 70 miles from a major on both current sir service and eco- ple can afford. There are too many airport. In addition, the amount of the nomic development efforts in several of commuter aircraft flying at less than subsidy must be less than $200 per pas- our cities. Changes to current EAS half capacity. Clearly, some improve- senger for communities less than 210 funding could very well jeopardize ex- ments are needed. miles from a major airport. These re- isting air service in our state. quirements serve to limit the cost to But what are some better options? Mayor Donald Carroll of Alamogordo, Well, I think senators need only look the government of the EAS program. writes that it is improbable that fund- In fact, in the past two years, about a in this same bill for the answer. In my ing will be available to locally sub- dozen airports, including one in New view the bill already includes a number sidize air service. He also notes that Mexico, have been eliminated from of excellent improvements in the EAS the city is actively working with the EAS because the cost per passenger has program that I believe will signifi- commercial carrier, Rio Grande Air, to exceeded the limit. We feel the addi- cantly enhance commercial air service increase enplanements. tional requirements imposed in this in rural communities. The National Association of Develop- For example, section 352 of the bill bill are not appropriate and could force ment Organizations says: a number of communities to lose their authorizes a new Marketing Incentive During these challenging economic times, commercial air service. Program to increase ridership, reduce Congress should be working to improve and the Federal subsidies, and improve In my State of New Mexico, five cit- enhance air service to rural and underserved ies currently rely on EAS for their communities, instead of adding new require- service. Section 353 provides for a num- commercial air service. The commu- ments that would further isolate hundreds of ber of pilot programs to help commu- nities are Clovis, Hobbs, Carlsbad, our nation’s smaller communities. nities improve their commercial air Alamogordo and my hometown of Sil- I’m not entirely sure that the pro- service. One option is to allow commu- ver City. In each case commercial serv- posal to charge the communities to nities to receive service with a smaller ice is provided to Albuquerque, the continue their air service has been airplane. In my State, Alamogordo has State’s largest city and business cen- thoroughly thought out. The chair- decided to try service with a nine-pas- ter. man’s report on this bill from the Com- senger plane. In addition, communities I hope that all Senators recognize the merce Committee indicates that the may opt to convert their EAS service vast distances between communities in Secretary will select 10 EAS commu- to alternative transportation, which my State. If you drive, Hobbs is 320 nities to pay for their air service. How- might include bus or vans. I think miles from Albuquerque, Carlsbad is ever, the way I read the reported bill, these ideas represent a better approach 283 miles, Silver City 233, Clovis 216, only a one city in each of 8 states to improving commercial air service in and Alamogordo 210 miles. None of would be required to pay. Now, the rural areas. I support these proposals these cities are on interstate highways, chairman has offered an amendment and want to thank the chairman and so the driving times to Albuquerque that ups that total to 16 states with ranking member for including them. can be 4, 5, and even 6 hours. Commer- The choice here is clear: If we do not cial air service is the only practical about 27 communities that could be im- pacted. preserve the Essential Air Service Pro- way to make the trip for business peo- gram today, we could well see the end ple or community leaders going to Al- At the same time, the bill isn’t clear on what exactly is a ‘‘hub’’ airport. As of all commercial air service in rural buquerque or to the nearby state cap- areas. The EAS program provides vital ital in Santa Fe. Though so called I understand it, the FAA compiles one set of data on annual enplanements, resources that help link rural commu- ‘‘hub’’ airports may be located a hun- nities to the national and global avia- dred miles away in another state, it is but the Department of Transportation currently uses a different set of data tion system. Our amendment will help just not practical to drive the long dis- ensure affordable, reliable, and safe air tance to another airport in order to fly from the department’s Bureau of Transportation Statistics to determine service remains available in rural to Albuquerque. However, that’s ex- America. actly what is likely to happen if the eligibility for EAS. These data produce The House of Representatives has al- Congress imposes new costs on our a different list of ‘‘hub’’ airports, which ready voted to eliminate the manda- communities to maintain their com- could change which airports would be tory cost sharing language from the mercial air service. required to pay, simply because of the As I understand it, under the pro- source of the data the government FAA reauthorization bill. I hope all posal in this bill communities in 16 chooses to use. Finally, new cities are Senators will vote for this amendment. states could be affected by the manda- coming into the EAS program, so that I ask unanimous consent that a list- tory cost-sharing requirements in the additional states could have cities that ing of the communities that could be Senate bill. These States are, Alabama, would be required to pay for their air affected and a letter of support for the Arkansas, Colorado, , Iowa, service. amendment by the Governor of New Kansas, Maine, Mississippi, New Hamp- Just one last point on the impacts of Mexico, a letter of support for the shire, New Mexico, New York, Okla- this proposal. I think we should make amendment from the Director of the homa, Pennsylvania, , Texas, clear this isn’t about saving the Gov- New Mexico Aviation Division of the and Vermont. ernment a lot of money. We estimate New Mexico Department of Transpor- The House-reported bill—H.R. 2115— the payments from the communities tation, a letter from the Mayor of also requires some rural communities would amount to less than $2 million a Alamogordo, NM, and a letter from the to pay or lose their commercial air year out of a $113 million annual pro- National Association of Development service. We believe this ill-conceived gram. Organizations, all in support of this proposal could not come at a worse Advocates of this proposal may claim amendment, be printed in the RECORD. time for small communities already they’ve made it as easy as possible for There being no objection, the mate- facing depressed economies and declin- the communities to provide the manda- rial was ordered to be printed in the ing tax revenues. tory 10 percent match. I just don’t be- RECORD, as follows:

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7798 CONGRESSIONAL RECORD — SENATE June 12, 2003 TABLE I—100 MILES FROM A SMALL OR HUB AIRPORT

State EAS city Distance to small hub Distance to hub airport

Alabama ...... Muscle Shoals ...... Huntsville, AL 69 miles ...... Nashville, TN 122 miles. Arkansas ...... Hot Springs ...... Little Rock 53 miles ...... Memphis 197 miles. . Harrison ...... Fayetteville, AR 77 miles ...... Tulsa 183 miles. Jonesboro ...... Memphis 79 miles. Colorado ...... Pueblo ...... Colorado Springs 43 miles ...... Denver 125 miles. Georgia ...... Athens ...... Atlanta 80 miles. Iowa ...... Fort Dodge ...... Des Moines 94 miles ...... Minneapolis 208 miles. Burlington ...... Moline, IL. 73 miles ...... St. Louis 186. Kansas ...... Salina ...... Wichita 93 miles ...... Kansas City 182 miles. Maine ...... Augusta ...... Portland, ME 68 miles ...... Manchester 153, Boston 172 miles. Rockland ...... Portland, ME 80 miles ...... Manchester 176, Boston 183 miles. Mississippi ...... Laurel ...... Gulfport-Biloxi 85 miles ...... New Orleans 137 miles. New Hampshire ...... Lebanon ...... Manchester 76 miles. New Mexico ...... Hobbs ...... Midland/Odessa 88 miles ...... Albuquerque 320. Alamogordo ...... El Paso 91 miles. New York ...... Saranac Lake ...... Burlington 63 miles ...... Boston 266 miles. Watertown ...... Syracuse 65 miles ...... Buffalo 190 miles. Jamestown ...... Buffalo 76 miles. Plattsburgh ...... Burlington 30 miles ...... * Oklahoma ...... Ponca City ...... Wichita, KS 81 miles ...... Oklahoma City 102 miles. Enid ...... Oklahoma City 84 miles. Pennsylvania ...... Johnstown ...... Pittsburgh 82 miles. Oil City ...... Pittsburgh 86 miles. Bradford ...... Buffalo NY 79 miles. Tennessee ...... Jackson ...... Memphis 85 miles. Texas ...... Victoria ...... Corpus Christi 94 miles ...... San Antonio 122 miles. Vermont ...... Rutland ...... Burlington 69 miles ...... Manchester 125, Boston 159 miles. Albany 90 ...... Hub classification based on TBTS’s 2001 ‘‘Airport Activity Statistics of Certificated Air Carriers: Summary Tables,’’ instead of FAA’s enplanement activity data. BTS’s data don’t include commuter, intrastate, and foreign flag carriers. Hub airports have at least 0.25% of enplanements, small hubs have at least 0.05% but less than 0.25% (49 USC 41731). *TBD.

STATE OF NEW MEXICO, NEW MEXICO AVIATION DIVISION, Essential Air Service (EAS) rule changes OFFICE OF THE GOVERNOR, Santa Fe, NM, May 8, 2003. (Section 353) of Senate Bill 824, the FAA Re- Santa Fe, NM, May 22, 2003. Reessential air service rule changes. authorization Legislation. Although this bill Hon. JEFF BINGAMAN, Senator JEFF BINGAMAN, has many favorable aspects, the program U.S. Senator, Hart Senate Office Building, Hart Senate Office Building, funding changes are not an alternative for Washington, DC. Washington, DC. the City of Alamogordo and the surrounding DEAR SENATOR BINGAMAN: I am writing to DEAR SENATOR BINGAMAN: I am writing re- express my opposition to proposed Essential communities the airport serves. In pertinent garding S. 824, the Aviation Investment and Air Service (EAS) rule changes (Section 353) part, Section 353(4)(A) would require the City Revitalization Vision Act that reauthorizes of Senate Bill 824, the FAA Reauthorization of Alamogordo to assume ten percent (10%) the Federal Aviation Administration. Al- legislation. While this bill does have many of the subsidy cost or approximately Eight- though several aspects of this reauthoriza- favorable aspects, Section 353 contains major Five Thousand Dollars ($85,000) annually for tion bill are to be commended, I am opposed program funding changes. As written, af- the next three (3) years. to one specific provision, which calls for a 10 fected EAS pilot program communities percent cost-sharing requirement for se- would be required to assume ten percent This change could not have come at a more lected Essential Air Service (EAS) commu- (10%) of their subsidy costs for a three year inappropriate time for the City. With City nities. This provision has the potential to af- period. This could very easily cost a commu- revenues declining from a depressed econ- fect the economic welfare of small commu- nity $80,000—$90,000 per year! If approved, omy, and capital desperately needed to re- nities in over 35 states—particularly those in this significant additional financial burden pair Alamogordo’s water problems, it is im- New Mexico. would have profound negative impacts on probable funding will be available to locally both current air service and economic devel- subsidize air service. The airport relies sole- During my tenure in Congress I understood opment efforts in several of our cities ly on City revenue to operate since eighty- the importance, which the EAS program (Alamogordo and Hobbs) that would be af- played within our small communities by pre- fected. Any changes to current EAS funding eight percent (88%) of Otero County land is serving the scheduled air service and ensur- could very well jeopardize existing air serv- Federally and Tribally owned and generates ing that these communities would retain a ice in our state. no revenue for the City. However, we have link to the national air transportation sys- The timing of this change could not have taken measures which we believe will ulti- tem. As Governor, I recognize the economic come at a worst time for us. Just recently, mately permit air service in Alamogordo to benefits associated with this program, which Governor Bill Richardson established a high be a stand alone enterprise. As you know, is integral to the economic development of level task force (three Cabinet Secretaries) Alamogordo was the first EAS community our small rural communities. to determine ways to improve intra-state air nationwide to request smaller commercial service for New Mexicans. I am concerned aircraft in an effort to stabilize federal sub- The language calling for the Secretary to that the basic foundation of the EAS pro- arbitrarily select 10 EAS communities that gram, as we know it, could be further weak- sidy and ticket costs. Additionally, our air are within 100 miles of a hub airport and re- ened by these types of rule changes, and in carrier, Rio Grande Air, reduced fares by quiring them to pay a 10 percent cost share turn defeat our Governor’s initiative. sixty percent (60%) last month in an effort to for a three year period is not only unfair but I am well aware of the need to adjust the increase enplanements at the airport. We unpractical given the current economic con- current EAS program but firmly believe that have noted a marked increase in ridership ditions in states and within the airline in- both the states and communities partici- since implementation of this low fare. If the dustry. It is my hope that you will work pating in the program should have an input EAS rule changes are passed as proposed, the with your colleagues in the Senate to amend to the reconstruction process. City of Alamogordo may be forced to dis- I am respectfully requesting your assist- this language, which only serves to impose continue commercial air service and thus, new costs on EAS communities. ance in removing the EAS Local Program cost sharing provisions from Senate Bill 824. sacrifice all Airport Improvement Program Last March, I announced the formation of Sincerely, (AIP) entitlement/grant funds. a task force to improve and increase intra- JOHN D. ‘‘MIKE’’ RICE, Otero County is below the State average state air service, and air cargo activity in Director, for median income. The County has no pas- New Mexico. Air service to and within New New Mexico Aviation Division. senger train service and is not located near Mexico is vital to strengthening our econ- a freeway making the airport and air service omy and those of our communities. Your CITY OF ALAMOGORDO, a vital link to the national transportation leadership and support for the EAS program Alamogordo, NM, May 15, 2003. system. as well as the Small Community Air Service Re essential air service rule changes. Development Program will go along way to Senator JEFF BINGAMAN, I am respectfully requesting your assist- improving and increasing air service in New Hart Senate Office, ance in removing the EAS local program Mexico. Washington, DC. cost sharing provisions from Senate Bill 824. Sincerely, DEAR SENATOR BINGAMAN: On behalf of the Sincerely, BILL RICHARDSON, City of Alamogordo, I am writing to express DONALD CARROLL, Governor. my concerns and opposition to the proposed Mayor of Alamogordo.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7799 NATIONAL ASSOCIATION OF cutting off a vital economic lifeline to We would like this to be added to this DEVELOPMENT ORGANIZATIONS, rural America. bill so we can get it back to the House Washington, DC, June 12, 2003. In my State, airports in Jonesboro, and a new conference. The whole area Hon. JEFF BINGAMAN, Hot Springs, and Harrison provide af- of cargo aircraft is not secured by the U.S. Senate, Senate Hart Office Building, Washington, DC. fordable and reliable service to over TSA and many other people who secure DEAR SENATOR BINGAMAN: On behalf of the 10,000 customers a year. The EAS fund- passenger terminals or commercial National Association of Development Orga- ing they receive is a sound investment flights. I hope we can agree and get nizations (NADO), I am writing to express in our State’s transportation network. this bill over to the House. our strong support for your amendment to Cost share provisions, however, could I hope the rest of my colleagues here preserve rural air service as part of the FAA put those airports out of business. in the Senate will support this amend- reauthorization bill (S. 824). We are already putting enough strain ment. The national transportation network func- on our small towns and local govern- Mr. President, I ask for a voice vote. tions properly when it helps form vital social and economic connections. This is especially ments. We do not need to add to that Mr. MCCAIN. Will the Senator yield true in small metropolitan and rural Amer- by eliminating a vital source of fund- for a question? Isn’t it the case the ica where distance and a scattered popu- ing for a vital function. This amend- Senator has added language that indi- lation make these connections even more ment would prevent that from hap- cates that nonlethal weapons—— important. The national aviation system is pening, and I urge my colleagues to Mr. BUNNING. Nonlethal weapons, essential not only for linking people to jobs, support it. and totally voluntary. health care and family in a way that en- Mr. BINGAMAN. I urge the adoption Mr. MCCAIN. I support the amend- hances their quality of life, but also for con- of the amendment. ment. tributing to regional economic growth and The PRESIDING OFFICER. Is there development by linking business to cus- Mr. BUNNING. They are called tomers, goods to markets and tourists to further debate on the amendment? If Tasers. destinations. not, the question is on agreeing to the Mr. BOXER. Mr. President, this Within the transportation system, the amendment. amendment is to close a loophole in aviation network plays an enormous role in The amendment (No. 906) was agreed the Federal Flight Deck Officer pro- transporting goods and people. In 2001, 542 to. gram. million people flew domestically and another AMENDMENT NO. 903 Last year, in response to the Sep- 52 million flew internationally on US car- The PRESIDING OFFICER. Under tember 11 attacks, I worked along with riers, according to the US Department of Transportation. Unfortunately, since the de- the previous order, the Senator from our former colleague Senator Bob regulation of the aviation industry in the is recognized. Smith to pass the Arming Pilots late 1970s the availability of affordable and Mr. BUNNING. Mr. President, I rise Against Terrorism and Cabin Defense reliable air service in most rural and small today, along with Senator BOXER, to Act, which allowed passenger and cargo metropolitan areas has dramatically de- offer the Arming Cargo Pilots Against pilots who volunteer and receive spe- clined. Terrorism Act as an amendment to cial training to have guns in the cock- During these challenging economic times, this bill. This amendment closes a pit as a last line of defense. Congress should be working to improve and loophole to better protect our home- The bill passed the Senate 87–6 as an enhance air service to rural and underserved communities, instead of adding new require- land against terrorists. As a result of amendment to the Homeland Security ments that would further isolate hundreds of the airplane hijackings on September bill. our nation’s smaller communities. While the 11, 2001, Congress took the appropriate Unfortunately, during the Homeland Essential Air Service (EAS) program is small action to prevent the use of airliners Security conference, cargo pilots were by Washington standards, we believe it offers being used as missiles. Last year, large left out of the program. vital resources for linking rural commu- majorities of the Senate and House of This amendment will close this dan- nities to the national and global aviation Representatives voted to arm both gerous loophole in the law and add an systems. By adopting your amendment, the cargo and passenger pilots who volun- important new layer to our homeland US Senate would be reinforcing its support security by allowing cargo pilots to of maintaining affordable, reliable and safe tarily went for stringent training as air service to rural America. part of a program of homeland security participate in the Federal Flight Deck Thank you for your leadership on this im- which was in the Homeland Security Officer program. portant issue. bill. Arming these pilots served to pro- With less security than passenger Sincerely, tect the pilots and crew, passengers, aircraft, cargo planes are tempting tar- ALICEANN WOHLBRUCK, and those on the ground from ever gets for terrorists. These planes do not Executive Director. being victims of another airline hijack- have strengthened cockpit doors, Fed- Mr. PRYOR. Mr. President, I rise ing. It was the right thing to do. eral Air Marshals, trained cabin crew, today in support of the Bingaman- However, during conference of the or alert passengers on board. Inhofe amendment to strike language Homeland Security bill, the cargo pi- Cargo planes are usually more vul- requiring certain communities enrolled lots were yanked out of the bill. This nerable on the tarmac than passenger in the Essential Air Service to provide amendment will return them and close aircraft. Most cargo planes are parked a local cost-share. the loophole created when they were in remote areas with relatively easy We are asking our towns and commu- left out last year. access; many operate at airfields that nities, our local governments, hardest This provision enjoys broad support do not have the same level of security hit by difficult economic times to sud- and has already passed the Senate as as passenger airports. denly find thousands of dollars in their part of the Air Cargo Security Act ear- Late last year in Fargo, ND, a men- already overstretched budgets to re- lier this year. tally unbalanced woman walked across place a significant source of Federal Obviously, I would not be offering it a runway, boarded a cargo aircraft, en- funding, for a critical economic func- had not the bill gotten tied up in con- tered the cockpit, and asked the crew tion. ference and we need another vehicle to to fly her to . In this time of economic uncertainty, get it back to the House, so that is the Just think what a terrorist could do. rural communities are struggling to reason we are offering it on this bill. A terrorist could hijack a cargo plane maintain their daily ways of life. With Not too many people realize that and fly it into a building, nuclear an added burden placed upon them, sur- cargo space is usually not secured as power plant, or other target on the vival and the opportunity for further well as passenger space. There are no ground. rural development will be nearly im- air marshals, there are no passengers Cargo pilots must be given a last line possible. to help protect against terrorists, and of defense to keep terrorists from gain- Local airports and the commercial there are sometimes invasions of pri- ing control of their aircraft. air service they provide are extremely vacy on these planes. In fact, someone We need to close this gap in our important to small towns, and a strong from North Dakota actually broke the homeland security. component of a State’s economy. By security and entered an aircraft. The PRESIDING OFFICER. The enacting a cost-share provision, we run Thank God she was found out before clerk will report the amendment. the risk of losing these airports, and the aircraft took off. The legislative clerk read as follows:

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7800 CONGRESSIONAL RECORD — SENATE June 12, 2003 The Senator from Kentucky [Mr. BUNNING] (f) EFFECT ON OTHER LAWS.—The require- is not here, I ask unanimous consent I for himself and Mrs. BOXER, proposes an ments of subsection (e) shall have no effect be permitted to speak at this time, de- amendment numbered 903. on the deadlines for implementation con- spite the previous agreement. The amendment is as follows. tained in section 44921 of title 49, United States Code, as in effect on the day before The PRESIDING OFFICER. Without (Purpose: To amend title 49, United States the date of enactment of this Act. objection, it is so ordered. Code, to allow the arming of pilots of cargo Mr. LOTT. Mr. President, certainly I aircraft) The PRESIDING OFFICER. Is there always enjoy working with Senator At the appropriate place insert the fol- further debate on the amendment? If DORGAN on these issues. I think he has lowing new section: not, the question is on agreeing to the a legitimate point. SEC. ll. ARMING CARGO PILOTS AGAINST TER- amendment. RORISM. The amendment (No. 903) was agreed He does note that we need a fund to (a) SHORT TITLE.—This section may be to. make sure these security fees go for cited as the ‘‘Arming Cargo Pilots Against Mr. MCCAIN. Mr. President, I move the purpose they were intended. But he Terrorism Act’’. to reconsider the vote. does think, at least in this instance be- (b) FINDINGS.—Congress makes the fol- cause of the security aspect, we should lowing findings: Mr. LOTT. I move to lay that motion (1) During the 107th Congress, both the on the table. waive the local requirement. Senate and the House of Representatives The motion to lay on the table was It should also be noted that, in fact, overwhelmingly passed measures that would agreed to. local communities, particularly with have armed pilots of cargo aircraft. The PRESIDING OFFICER. The Sen- bigger airports, are probably not going (2) Cargo aircraft do not have Federal air ator from North Dakota. to get or could not get a cost share, marshals, trained cabin crew, or determined Mr. DORGAN. Is my amendment the and, even if they did in some ways, it passengers to subdue terrorists. amendment pending before the Senate? would be passed on to the airlines, (3) Cockpit doors on cargo aircraft, if The PRESIDING OFFICER. It is not present at all, largely do not meet the secu- therefore undermining a lot of what we pending but it is in order. are trying to do now. rity standards required for commercial pas- Mr. DORGAN. Mr. President, I ask it senger aircraft. We are trying to get the priorities set (4) Cargo aircraft vary in size and many be considered at this point. where the people who are getting cer- The PRESIDING OFFICER. The Sen- are larger and carry larger amounts of fuel tain parts of the security should be the ator is correct, the amendment is now than the aircraft hijacked on September 11, ones who pay for it, and we shouldn’t pending. 2001. always try to find a way to pass it off (5) Aircraft cargo frequently contains haz- AMENDMENT NO. 890 to the airlines. Sometimes it is a Fed- ardous material and can contain deadly bio- Mr. DORGAN. Mr. President, I vis- eral responsibility. In other instances, logical and chemical agents and quantities ited with my colleagues Senator LOTT of agents that cause communicable diseases. other people—I think also local govern- and Senator MCCAIN on this amend- (6) Approximately 12,000 of the nation’s ments—should have some part of this 90,000 commercial pilots serve as pilots and ment. I believe they are prepared to ac- pie. But we agreed for a variety of rea- flight engineers on cargo aircraft. cept it. This deals with the creation of sons to accept Senator DORGAN’s (7) There are approximately 2,000 cargo an aviation security capital fund. amendment. flights per day in the United States, many of Many of us know both revenues and But I want colleagues to know and which are loaded with fuel for outbound passenger boardings are down in air- the American people to know the international travel or are inbound from for- ports. We have gone through a pretty eign airports not secured by the Transpor- Bingaman amendment does the same difficult time. The creation of this thing but in a different category. I tation Security Administration. aviation security capital fund is very (8) Aircraft transporting cargo pose a seri- think, in fact, it is even worse. In the ous risk as potential terrorist targets that important in order for these funds to essential air service area, where special could be used as weapons of mass destruc- be invested in what that will make help goes to small airports and a lot of tion. aviation safer and deal with the secu- rural airports—that affects airports in (9) Pilots of cargo aircraft deserve the rity issues we intend to have dealt with West Virginia, North Dakota, and prob- same ability to protect themselves and the with this fund. ably in my State of Mississippi—with aircraft they pilot as other commercial air- I think it appropriate at this point to line pilots. this additional Federal assistance to waive the local match, State and local keep airports functioning, there would (10) Permitting pilots of cargo aircraft to match, which I believe in most cases carry firearms creates an important last line be some small local match. The admin- cannot be raised because of the cir- of defense against a terrorist effort to com- istration recommended, by the way, mandeer a cargo aircraft. cumstances I mentioned earlier. that we eliminate the EAS problem; or, I believe accepting this amendment (c) SENSE OF CONGRESS.—It is the sense of if we had EAS, you have the local will give us the assurance that this in- Congress that members of a flight deck crew match required for all of the airports. of a cargo aircraft should be armed with a vestment in security will be made firearm and taser to defend the cargo air- across this country. It will be a wise The language in the bill specifies craft against an attack by terrorists that investment. I think it ought not be that there would be 10 airports where could result in the use of the aircraft as a borne by the carriers at this point, nor we would have this local match to see weapon of mass destruction or for other ter- how it would work, and if it would rorist purposes. the local airports that can least afford it. work. (d) ARMING CARGO PILOTS AGAINST TER- We now are agreeing to accept the RORISM.—Section 44921 of title 49, United I appreciate very much the fact this States Code, is amended— will now be accepted by the Senate. I Bingaman amendment because right (1) in subsection (a), by striking ‘‘pas- want to especially say thanks to the now, I think out of concern for local senger’’ each place that it appears; and Senator from Mississippi. We have communities and trying to have this (2) in subsection (k)— talked about this, I suppose, 10 times essential air service, the amendment (A) in paragraph (2)— in recent days. He is a tireless advocate would probably pass. (i) by striking ‘‘or,’’ and all that follows; for what makes sense for our aviation But I want to say, again, I think for and us to set the precedent and require not (ii) by inserting ‘‘or any other flight deck system in this country. Of course, he is crew member.’’; and chairing the subcommittee here in the even a dollar from local communities (B) by adding at the end the following new Senate on those issues. when they are getting additional secu- paragraph: I thank him for his cooperation in al- rity, particularly where they are get- ‘‘(3) ALL-CARGO AIR TRANSPORTATION.—For lowing us to move forward with this ting essential air service which is vital the purposes of this section, the term air amendment at this stage. to their communities and which is im- transportation includes all-cargo air trans- The PRESIDING OFFICER. The Sen- portant from an economic standpoint portation.’’. ator from Mississippi. for the local cities and counties to put (e) TIME FOR IMPLEMENTATION.—The train- up no money—and in the case of the ing of pilots as Federal flight deck officers Mr. LOTT. Has Senator DORGAN com- required in the amendments made by sub- pleted his remarks? Dorgan amendment—at least in the section (d) shall begin as soon as practicable Mr. DORGAN. I have. bigger airports, it could create definite and no later than 90 days after the date of Mr. LOTT. I think the order was for problems in terms of costs being passed enactment of this Act. Senator INHOFE to be next, but since he on to the airlines. In this case, it is

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7801 just a question of these local commu- Airports like others in the aviation indus- investment in airport improvement nities not wanting to have to share at try have been struggling since September 11. and safety with this money if we did all. It would be difficult for airports to cover the not waive the local match. I think we should continue to look at proposed match at a time when their reve- I continue to believe we ought to nues and passenger boarding are down, and some small amount—10 percent or 5 their costs have skyrocketed due to a host of make this habit forming. The value ex- percent, some amount of local share. unfunded federal security mandates. Again, pressed by the Senator from Mis- But for now, we will accept it. We we strongly believe that airports should not sissippi is on the mark in many cases. will continue to work on these issues. be forced to divert critical safety and capac- I appreciate very much the ability to It is important for us to get this impor- ity funds to pay for security. work this out and be able to move this tant legislation completed so that the Moreover, airports are reluctant to pass amendment. If appropriate, I think it additional costs on to airport users including airlines, the airports, general aviation, has been agreed to by both sides. I ask and the American people will know airlines that are facing their own financial challenges. Since September 11, airports if we can have the amendment consid- what they can count on in terms of the around the country have been taking numer- ered at this point. Federal Aviation Administration and ous steps to reduce costs in an effort to pass The PRESIDING OFFICER. Is there their programs over the next 3 years. I those savings on to the airlines. Eliminating further debate? Without objection, the thank my colleagues for allowing me the matching requirement is just one more amendment was agreed to. to interject my remarks at this point. way that airports can help their partners in The amendment (No. 890) was agreed I believe Senator INHOFE is next in the aviation industry. to. Thank for your leadership on this and order to speak. The PRESIDING OFFICER. The Sen- I yield the floor, unless Senator DOR- other aviation issues. Sincerely, ator from Oklahoma is recognized. GAN would like me to yield to him. DAVID Z. PLAVIN, AMENDMENTS NOS. 894 AND 895 EN BLOC Does he want to get action on his President, ACI–NA. amendment? Mr. INHOFE. Mr. President, I have CHARLES BARCLAY, two technical amendments. They have Mr. DORGAN. Mr. President, let me President, AAAE. ask the Senator to yield for a moment. been agreed to. I think there is great merit in local Hon. BYRON DORGAN, The PRESIDING OFFICER. The matching, by and large, because you U.S. Senate, clerk will report. need local support. We ought not just Washington, DC. The assistant legislative clerk read create pools of money here in the Con- DEAR SENATOR DORGAN: On behalf of ATA as follows: member airlines, I am writing in support of The Senator from Oklahoma [Mr. INHOFE] gress to send out around the country your efforts to remove the ‘‘local match’’ re- unless there is evidence of local sup- proposes amendments numbered 894 and 895 quirement in the Security Capital Fund en bloc. port. found in the Senate FAA reauthorization The Senator from Mississippi made bill. Your amendment will ensure that air- Mr. INHOFE. Mr. President, I ask the point, and I think it is an impor- port security projects will not be subject to unanimous consent that reading of the tant point. an unworkable funding scheme. amendments be dispensed with. First, I ask unanimous consent that As you are aware, the Aviation and Trans- The PRESIDING OFFICER. Without a letter from the American Association portation Security Act of 2001 imposed objection, it is so ordered. of Airport Executives, and a letter sweeping security mandates on the airlines The amendments en bloc are as fol- and airports, many of which were unfunded. from the Air Transport Association be Today, in this constrained, unsettled finan- lows: printed in the RECORD. cial environment, our members continue to (Purpose: To amend the provisions dealing There being no objection, the mate- incur substantial costs to meet these man- with security measures for general avia- rial was ordered to be printed in the dates. While the airlines have been and will tion and air charters) RECORD, as follows: continue to fully support efforts by the U.S. At the end of title IV, add the following: Hon. BYRON L. DORGAN, Government, particularly the Transpor- SEC. 405. GENERAL AVIATION AND AIR CHAR- U.S. Senate, tation Security Administration, to assume TERS. Washington, DC. primary responsibility for aviation security, Section 132(a) of the Aviation and Trans- DEAR SENATOR DORGAN: We are writing to the airlines simply cannot continue to ab- portation Security Act (49 U.S.C. 44944 note) express our support for an amendment that sorb additional costs. Sufficient federal fund- is amended by striking ‘‘12,500 pounds or you may offer to the S. 824, the Aviation In- ing for mandated airport security projects, more’’ and inserting ‘‘more than 12,500 vestment and Revitalization Vision Act, that such as installation of Explosive Detection pounds’’. will help airports in North Dakota and Systems and additional law enforcement per- (Purpose: To establish reporting require- throughout the country pay for their in- sonnel makes common sense and is abso- ments with respect to the Air Defense creased capital security costs. lutely critical. Identification Zone) As you know, S. 824 includes would estab- If, as is provided in the current bill, local lish an aviation security capital fund to pay airports must provide 25% matching funds at At the end of title IV, add the following: for installation of Explosive Detection Sys- large and medium hub airports and 10% SEC. 405. AIR DEFENSE IDENTIFICATION ZONE. tems (EDS) and other capital security costs matching at smaller airports, the airports (a) IN GENERAL.—If the Administrator of at airports. Specifically, the bill calls for (also experiencing declining reserves) will the Federal Aviation Administration estab- $500 million every year between 2004 and 2007 have no option other than to pass through lishes an Air Defense Identification Zone (in to pay for the security capital costs. The these costs to the airlines. On top of existing this section referred as an ‘‘ADIZ’’), the Ad- funds would be derived from revenue gen- security costs, airlines will see significant ministrator shall, not later than 60 days erated by the $2.50 passenger security fee. increases in airport rates and charges, as after the date of establishing the ADIZ, Airports Council International-North well as other airport costs, to fund these transmit to the Committee on Transpor- America and The American Association of mandatory contributions. Although the air- tation and Infrastructure of the House of Airport Executives strongly support the cre- lines, of course, support security enhance- Representatives and the Committee on Com- ation of an aviation security capital fund. ments, the industry can ill afford hundreds merce, Science, and Transportation of the Without a separate source of funds to pay for of millions of dollars in additional unfunded Senate, a report containing an explanation capacity security projects, airports will be mandates as the aviation system struggles of the need for the ADIZ. The Administrator forced to continue divert their Airport Im- to survive economically. shall provide the Committees an updated re- provement Program funds, which they tradi- Thank you for your efforts on this critical port every 60 days until the establishment of tionally use for much-needed safety and ca- issue. I look forward to working with you as the ADIZ is rescinded. The reports and up- pacity projects. we work to maintain a viable, safe, and effi- dates shall be transmitted in classified form. The Senate proposal calls for large- and cient air transportation system. (b) EXISTING ADIZ.—If an ADIZ is in effect medium-hub airports to pay a 25 percent Sincerely, on the date of enactment of this Act, the Ad- match, and smaller airports to pay a 10 per- JAMES C. MAY. ministrator shall transmit an initial report cent match. While we are grateful that S. 824 Mr. DORGAN. Mr. President, the under subsection (a) to the Committee on would create the aviation security capital American Association of Airport Ex- Transportation and Infrastructure of the fund, we strongly support your proposal to ecutives and the Air Transport Asso- House of Representatives and the Committee eliminate the matching requirement. Install- on Commerce, Science, and Transportation ing explosive detection machines is a federal ciation, and others, have told us it is of the Senate not later than 30 days after the national security mandate, and we think the unlikely we would see the security in- date of enactment of this Act. federal government should reimburse air- vestment—after all, this is national se- (c) REPORTING REQUIREMENTS.—If a report ports for those and other new security costs. curity—we would not see the security required under subsection (a) or (b) indicates

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7802 CONGRESSIONAL RECORD — SENATE June 12, 2003

that the ADIZ is to be continued, the Admin- and who will make decisions concerning ac- ‘‘(1) WAITING PERIOD.—A person subject to istrator shall outline changes in procedures cess to such data. regulation under this part may provide and requirements to improve operational ef- (2) How the Transportation Security Ad- training in the United States in the oper- ficiency and minimize the operational im- ministration will treat the scores assigned to ation of an aircraft to an individual who is pacts of the ADIZ on pilots and air traffic individual travelers to measure the likeli- an alien (as defined in section 101(a)(3) of the controllers. hood they may pose a security threat, in- Immigration and Nationality Act (8 U.S.C. (d) DEFINITION.—In this section, the terms cluding how long such scores will be retained 1101(a)(3))) or to any other individual speci- ‘‘Air Defense Identification Zone’’ and and whether and under what circumstances fied by the Under Secretary of Homeland Se- ‘‘ADIZ’’ mean a zone established by the Ad- they may be shared with other govern- curity for Border and Transportation Secu- ministrator with respect to airspace under mental, non-governmental, or commercial rity only if— 18,000 feet in approximately a 15 to 38 mile entities. ‘‘(A) that person has notified the Under radius around Washington, District of Co- (3) The role airlines and outside vendors or Secretary that the individual has requested lumbia, for which security measures are ex- contractors will have in implementing and such training and furnished the Under Sec- tended beyond the existing 15-mile-no-fly operating the system, and to what extent retary with that individual’s identification zone around Washington and in which gen- will they have access, or the means to obtain in such form as the Under Secretary may re- eral aviation aircraft are required to adhere access, to data, scores, or other information quire; and to certain procedures issued by the Adminis- generated by the system. ‘‘(B) the Under Secretary has not directed, trator. (4) The safeguards that will be imple- within 30 days after being notified under sub- Mr. LOTT. Mr. President, we have mented to ensure that data, scores, or other paragraph (A), that person not to provide the information generated by the system will be considered these amendments and we requested training because the Under Sec- used only as officially intended. retary has determined that the individual find no problem with them at this (5) The procedures that will be imple- presents a risk to aviation security or na- point. They have been cleared on both mented to mitigate the effect of any errors, tional security. sides. and what procedural recourse will be avail- ‘‘(2) NOTIFICATION-ONLY INDIVIDUALS.— The PRESIDING OFFICER. Is there able to passengers who believe the system ‘‘(A) IN GENERAL.—The requirements of further debate on amendments? If not, has wrongly barred them from taking paragraph (1) shall not apply to an alien in- without objection, the amendments are flights. dividual who holds a visa issued under title agreed to en bloc. (6) The oversight procedures that will be I of the Immigration and Nationality Act (8 implemented to ensure that, on an ongoing The amendments (Nos. 894 and 895) U.S.C. 1101 et seq.) and who— basis, privacy and civil liberties issues will ‘‘(i) has earned a Federal Aviation Admin- were agreed to. continue to be considered and addressed with istration type rating in an aircraft or has un- AMENDMENT NO. 908 high priority as the system is installed, oper- dergone type-specific training, or Mr. HOLLINGS. Mr. President, the ated and updated. ‘‘(ii) holds a current pilot’s license or for- distinguished chairman, Senator Mr. LOTT. Mr. President, are we eign equivalent commercial pilot’s license MCCAIN, and myself have four amend- going to dispose of that amendment that permits the person to fly an aircraft ments that we will send to the desk in now? with a maximum certificated takeoff weight due time. One is a Wyden amendment Mr. HOLLINGS. Yes, we are going to of more than 12,500 pounds as defined by the International Civil Aviation organization in which is a privacy study of the CAPP go ahead and vote on it. Mr. LOTT. It has been cleared. It Annex 1 to the Convention on International Program, Computer Assisted Passenger Civil Aviation, Prescreening. may save some time if we could go ahead and agree to it. if the person providing the training has noti- I send it to the desk. fied the Under Secretary that the individual The PRESIDING OFFICER. The The PRESIDING OFFICER. Without has requested such training and furnished clerk will report. objection, the amendment is agreed to. the Under Secretary with that individual’s The assistant legislative clerk read The amendment (No. 908) was agreed visa information. as follows: to. ‘‘(B) EXCEPTION.—Subparagraph (A) does not apply to an alien individual whose air- The Senator from South Carolina [Mr. AMENDMENT NO. 909 man’s certificate has been suspended or re- HOLLINGS], for Mr. WYDEN, proposes an Mr. HOLLINGS. Mr. President, I also voked under procedures established by the amendment numbered 908. have another amendment by the distin- Under Secretary. EL Mr. HOLLINGS. Mr. President, I ask guished Senator from , Mr. N - ‘‘(3) EXPEDITED PROCESSING.—the waiting unanimous consent that reading of the SON, which deals with the background period under paragraph (1) shall be expedited amendment be dispensed with. checks of new pilots on the smaller for an individual who— The PRESIDING OFFICER. Without planes. ‘‘(A) has previously undergone a back- objection, it is so ordered. Mr. LOTT. Has this been approved on ground records check by the Foreign Ter- The amendment is as follows: both sides? rorist Tracking Task Force; ‘‘(B) is employed by a foreign air carrier (Purpose: To require the Secretary of Home- Mr. HOLLINGS. Yes, it has been ap- proved. certified under part 129 of title 49, Code of land Security to report to the Congress in Federal Regulations, that has a TSA 1546 ap- writing on the impact of the Computer As- I send the amendment to the desk. proved security program and who is under- sisted Passenger Prescreening System, pro- The PRESIDING OFFICER. The going recurrent flight training; posed to be implemented by the Transpor- clerk will report. ‘‘(C) is a foreign military pilot endorsed by tation Security Administration, on the pri- The assistant legislative clerk read the United States Department of Defense for vacy and civil liberties of United States as follows: flight training; or citizens) The Senator from South Carolina [Mr. ‘‘(D) who has unescorted access to a se- At the appropriate place, insert the fol- HOLLINGS], for Mr. NELSON of Florida, pro- cured area of an airport designated under lowing: poses an amendment numbered 909. section 44936(a)(1)(A)(ii). SEC. . REPORT ON PASSENGER PRESCREENING ‘‘(4) INVESTIGATION AUTHORITY.—In order to PROGRAM. Mr. HOLLINGS. Mr. President, I ask determine whether an individual requesting (a) IN GENERAL.—Within 90 days after the unanimous consent that reading of the training described in paragraph (1) presents a date of enactment of this Act, the Secretary amendment be dispensed with. risk to aviation security or national security of Homeland Security, after consultation The PRESIDING OFFICER. Without the Under Secretary is authorized to use the with the Attorney General, shall submit a objection, it is so ordered. employment investigation authority pro- report in writing to the Senate Committee The amendment is as follows: vided by section 44936(a)(1)(A) for individuals on Commerce, Science, and Transportation (Purpose: To modify requirements regarding applying for a position in which the indi- and the House of Representatives Committee training to operate aircraft) vidual has unescorted access to a secured on Transportation and Infrastructure on the area of an airport designated under section potential impact of the Transportation Secu- At the appropriate place, insert the fol- 449369(a)(1)(A)(ii). lowing: rity Administration’s proposed Computer As- ‘‘(5) FEE.— sisted Passenger Prescreening system, com- SEC. . MODIFICATION OF REQUIREMENTS RE- ‘‘(A) IN GENERAL.—The Under Secretary monly known as CAPPS II, on the privacy GARDING TRAINING TO OPERATE may assess a fee for an investigation under AIRCRAFT. and civil liberties of United States Citizens. this section, which may not exceed $100 per (a) IN GENERAL.—Section 44939 of title 49, (b) SPECIFIC ISSUES TO BE ADDRESSED.— individual (exclusive of the cost of transmit- United States Code, is amended to read as The report shall address the following: ting fingerprints collected at overseas facili- follows: (1) Whether and for what period of time ties) during fiscal years 2003 and 2004. For fis- data gathered on individual travelers will be ‘‘§ 44939. Training to operate certain aircraft cal years 2005 and thereafter, the Under Sec- retained, who will have access to such data, ‘’(a) IN GENERAL.— retary may adjust the maximum amount of

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7803 the fee to reflect the costs of such an inves- Science, and Transportation and the House Al-Qaida may attempt to use charter or tigation. of Representatives Committee on Transpor- general aviation aircraft to conduct future ‘‘(B) OFFSET.—Notwithstanding section tation and Infrastructure a report on the ef- attacks because of their availability, less 3302 of title 31, United States Code, any fee fectiveness of the activities carried out stringent protective measures, and destruc- collected under this section— under section 44939 of title 49, United States tive potential. The group has a fair sized ‘‘(i) shall be credited to the amount in the Code, in reducing risks to aviation security pilot cadre and the use of small aircraft re- Treasury from which the expenses were in- and national security. quires far less skill and training than some curred and shall be available to the Under Mr. NELSON of Florida. Mr. Presi- larger aircraft. Secretary for those expenses; and dent, I rise to offer an amendment that Charter aircraft also may be attractive be- ‘‘(ii) shall remain available until expended. will close a serious loophole regarding cause terrorists may only need an estab- ‘‘(b) INTERRUPTION OF TRAINING.—If the foreign flight student training that was lished line of credit to gain access to an air- Under Secretary, more than 30 days after re- created in the Aviation Security Act of craft and because some agencies allow the ceiving notification under subsection use of customer pilots. Security procedures (a)(1)(A) from a person providing training de- 2001. This amendment has passed the Senate twice on other bills since I first typically are not as rigorous as those for scribed in subsection (a)(1) or at any time commercial airlines and terrorists would not after receiving notice from such a person introduced it in the 107th Congress. This amendment is another impor- have to control a large number of pas- under subsection (a)(2)(A), determines that sengers. an individual receiving such training pre- tant step toward fully protecting the Reliable information obtained last year in- sents a risk to aviation or national security, United States and all Americans from dicated al-Qaida might use experienced non- the Under Secretary shall immediately no- terrorists who intend to use our avia- Arab pilots to rent three or four light air- tify the person providing the training of the tion system to commit future attacks. craft under the guise of flying lessons. determination and that person shall imme- We must continue to be vigilant in diately terminate the training. In consideration of the above information, protecting our Nation. This amend- the Department of Homeland Security asks ‘‘(c) COVERED TRAINING.—For purposes of ment addresses a deep concern regard- subsection (a), the term ‘training’— members of the General Aviation commu- ‘‘(1) includes in-flight training, training in ing foreign citizens coming to the nity to report all unusual and suspicious ac- a simulator, and any other form or aspect of United States to receive pilot training tivities. If your observe persons, aircraft, training; but on all sizes of aircraft. This concern and operations that do not fit the customary ‘‘(2) does not include classroom instruction clearly is shared by the administra- pattern at your airport, you should imme- (also known as ground school training), tion. In fact, the Department of Home- diately advise law enforcement authorities. which may be provided during the 30-day pe- land Security, DHS, released an advi- Your immediate action is requested for riod described in subsection (a)(1)(B). sory on May 1, 2003 titled ‘‘The Con- these items: ‘‘(d) INTERAGENCY COOPERATION.—The At- tinuing Threat to Aviation’’ citing Secure unattended aircraft to prevent un- torney General, the Director of Central In- authorized use. that al-Qaida operatives may ‘‘attempt telligence, and the Administrator of the Fed- Verify the identification of crew and pas- eral Aviation Administration shall cooperate to use charter or general aviation air- sengers prior to departure. with the Under Secretary in implementing craft to conduct future attacks because Verify that baggage and cargo are known this section. of their availability, less stringent pro- to the persons on board. ‘‘(e) SECURITY AWARENESS TRAINING FOR tective measures, and destructive po- Where identification systems are in place, EMPLOYEES.—The Under Secretary shall re- tential.’’ The advisory continued on to ensure employees wear proper identification quire flight schools to conduct a security say that ‘‘[c]harter aircraft also may and challenge persons not doing so. awareness program for flight school employ- be attractive because terrorists may ees, and for certified instructors who provide Increased vigilance should be directed to- instruction for the flight school but who are only need an established line of credit ward the following: not employees thereof, to increase their to gain access to an aircraft and be- Unknown pilots and/or clients for aircraft awareness of suspicious circumstances and cause some agencies allow the use of or helicopter rentals or charters. activities of individuals enrolling in or at- customer pilots.’’ Finally, and of great- Unknown service/delivery personnel. tending flight school.’’. est concern, the DHS warns that Aircraft with unusual or unauthorized (b) PROCEDURES.— ‘‘[r]eliable information . . . indicated modifications. (1) IN GENERAL.—Not later than 60 days al-Qaida might use experienced non- Persons loitering in the vicinity of aircraft after the date of enactment of this Act, the Arab pilots to rent three to four light or air operations areas. Under Secretary of Homeland Security for Persons who appear to be under stress or Border and Transportation Security shall aircraft under the guise of flying les- the control of other persons. promulgate an interim final rule to imple- sons.’’ This threat to our national secu- ment section 44939 of title 49, United States rity is real and cannot be understated. Persons whose identification appears al- Code, as amended by subsection (a). I ask unanimous consent that the De- tered or inconsistent. (2) USE OF OVERSEAS FACILITIES.—In order partment of Homeland Security advi- Persons loading unusual or unauthorized payload onto aircraft. to implement section 44939 of title 49, United sory be printed in the RECORD. States Code, as amended by subsection (a), There being no objection, the mate- NOTE: All charter operators subjected to United States Code, as amended by sub- rial was ordered to be printed in the the 12–5 rule, Standard Security Program section (a), United States Embassies and and the Private Charter Security Program, RECORD, as follows: Consulates that possess appropriate finger- are reminded to ensure compliance with print collection equipment and personnel DEPARTMENT OF HOMELAND SECURITY ADVI- these security requirements. certified to capture fingerprints shall pro- SORY 03–019—SECURITY INFORMATION FOR Persons should immediately report such vide fingerprint services to aliens covered by GENERAL AVIATION PILOTS/AIRPORTS activity to local law enforcement and the that section if the Under Secretary requires This advisory was produced by the Depart- TSA General Aviation Hotline at 866– fingerprints in the administration of that ment of Homeland Security based on infor- GASECUR (866–427–3287). section, and shall transmit the fingerprints mation and analysis from the Terrorist to the Under Secretary or other agency des- Threat Integration Center received during Mr. NELSON of Florida. Unfortu- ignated by the Under Secretary. The Attor- the last 24 hours. nately, we all have seen what can hap- ney General and the Secretary of State shall THE CONTINUING THREAT TO AVIATION pen when people come to our country cooperate with the Under Secretary in car- Al-Qaida has long considered attacking with the specific intent to do us great rying out this paragraph. U.S. Homeland targets using light aircraft. harm. It has become painfully clear (3) USE OF UNITED STATES FACILITIES.—If Recent reliable reporting indicates that al- that many of the September 11 hijack- the Under Secretary requires fingerprinting Qaida was in the late stages of planning an ers learned to fly the planes they used in the administration of section 44939 of title aerial suicide attack against the U.S. Con- as deadly weapons at flight schools 49, United States Code, the Under Secretary sulate in Karachi. Operatives were planning may designate locations within the United to pack a small fixed-wing aircraft or heli- here in the United States, some in my States that will provide fingerprinting serv- copter with explosives and crash it into the home State of Florida. ices to individuals covered by that section. consulate. This plot and a similar plot last Section 113 of the Aviation and (c) EFFECTIVE DATE.—The amendment year to fly a small explosive-laden aircraft Transportation Security Act, which made by subsection (a) takes effect on the ef- into a U.S. warship in the Persian Gulf dem- was enacted in the 107th Congress, re- fective date of the interim final rule required onstrate al-Qaida’s continued fixation with quires background checks of all foreign by subsection (b)(1). using explosive-laden small aircraft in at- flight school applicants seeking train- (d) REPORT.—Not later than 1 year after tacks. General aviation aircraft that were the date of enactment of this Act, the Sec- loaded with explosives to enhance their de- ing to operate aircraft weighing 12,500 retary of Homeland Security shall submit to structive potential would make them the pounds or more. While this provision the Senate Committee on Commerce, equivalent of a medium-sized truck bomb. should help prevent September 11 style

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7804 CONGRESSIONAL RECORD — SENATE June 12, 2003 attacks by U.S. trained pilots using hi- SEC. . 1-YEAR EXTENSION OF EAS ELIGIBILITY Mr. MCCAIN. Yes. jacked jets in the future, it does noth- FOR COMMUNITIES TERMINATED IN The PRESIDING OFFICER. Is there 2003 DUE TO DECREASED AIR TRAV- ing to prevent different types of poten- EL. further debate on the amendment? tial attacks against our domestic secu- Notwithstanding the rate of subsidy limi- Without objection, the amendment is rity. To rectify this problem, I intro- tation in section 332 of the Department of agreed to. duced S. 236 together with Senators Transportation and Related Agencies Appro- The amendment (No. 911) was agreed CORZINE, ENZI, FEINSTEIN, and THOMAS priations Act, 2000, the Secretary of Trans- to. portation may not terminate an essential air earlier this year. AMENDMENT NO. 912 service subsidy provided under chapter 417 of Small aircraft can be used by terror- title 49, United States Code, before the end of Mr. HOLLINGS. Mr. President, on be- ists to attack nuclear facilities, carry calendar year 2004 for air service to a com- half of the Senator from Connecticut, explosives, or deliver biological or munity— Mr. DODD, I send an amendment to the chemical agents. For example, if a crop (1) whose calendar year ridership for 2000 desk on the study of the shuttle serv- duster filled with a combination of fer- was sufficient to keep the per passenger sub- ices at Reagan National Airport. It tilizers and explosives were crashed sidy below that limitation; and (2) that has received notice that its subsidy merely requires a study with respect to into a filled sporting event stadium will be terminated during calendar year 2003 housing of gates used by the shuttle thousands of people could be seriously because decreased ridership has caused the services, and as to whether or not that injured or killed. We cannot allow this subsidy to exceed that limitation. is feasible. to happen. We need to ensure that we Mr. HOLLINGS. Mr. President, let The PRESIDING OFFICER. The are not training terrorists to perform me check with my distinguished col- clerk will report. these activities. We cannot allow crit- league from Mississippi. This is a Jef- The legislative clerk read as follows: ical warnings to go unheeded. fords amendment. The Senator from South Carolina [Mr. This bill will close an important Mr. LOTT. Mr. President, I wanted to HOLLINGS], for Mr. DODD, proposes an amend- loophole and answer these critical make sure I understood what this ment numbered 912. warnings by extending the background amendment is. I had not had a chance Mr. HOLLINGS. Mr. President, I ask check requirement to all foreign appli- to look at it. It is not specific to a par- unanimous consent that reading of the cants to U.S. flight schools, regardless ticular airport or a particular State. amendment be dispensed with. of the size aircraft they seek to learn Mr. HOLLINGS. That is correct. The PRESIDING OFFICER. Without to fly. It also transfers the entire secu- Mr. LOTT. It does change the for- objection, it is so ordered. rity background check program from mula on how these funds will be spent. The amendment is as follows: the Department of Justice to the De- Is that correct? (Purpose: To require a study on the housing partment of Homeland Security, spe- Mr. HOLLINGS. Eligibility; that is of the gates used by shuttle services within cifically to the Transportation Secu- right. the same terminal at Ronald Reagan Wash- rity Administration. It is my expecta- Mr. LOTT. We have no objection. ington National Airport) tion that the Transportation Security The PRESIDING OFFICER. Is there At the appropriate place insert the fol- Administration, which provided excel- further debate on the amendment? If lowing: lent advice in the fine tuning of this not, without objection, the amendment SEC—. LOCATION OF SHUTTLE SERVICE AT RON- legislation, will apply a stringent level is agreed to. ALD REAGAN WASHINGTON NA- TIONAL AIRPORT. of background screening to all foreign The amendment (No. 910) was agreed to. The Airports Authority (as defined in sec- nationals who seek flight training here tion 49103(1)) of title 49, United States Code) in the United States. We cannot allow AMENDMENT NO. 911 shall in conjunction with the Department of anyone to slip through the cracks. We Mr. HOLLINGS. Mr. President, on be- Transportation conduct a study on the feasi- cannot aid anyone who intends to do half of the Senator from , Mr. bility of housing the gates used by all air harm to Americans and to our Nation. BAYH, I send an amendment to the carriers providing shuttle service from Ron- I yield the floor. desk. ald Reagan Washington National Airport in the same terminal. Mr. HOLLINGS. Mr. President, I urge The PRESIDING OFFICER. The Mr. HOLLINGS. Mr. President, if adoption of the amendment. clerk will report. The assistant legislative clerk read there is no further debate—— The PRESIDING OFFICER. Without as follows: Mr. MCCAIN. Mr. President, it is my objection, the amendment is agreed to. understanding the Dodd amendment The amendment (No. 909) was agreed The Senator from South Carolina [Mr. HOLLINGS], for Mr. BAYH and Mr. LUGAR, pro- studies the situation at National Air- to. poses an amendment numbered 911. port where there is some distance be- AMENDMENT NO. 910 Mr. HOLLINGS. Mr. President, I ask tween both airlines that conduct shut- Mr. HOLLINGS. Mr. President, on be- unanimous consent that reading of the tles along the east coast. half of the distinguished Senator from amendment be dispensed with. Mr. HOLLINGS. Right. Vermont, Mr. JEFFORDS, this amend- The PRESIDING OFFICER. Without Mr. MCCAIN. I can see why Senator ment takes care of the EAS eligibility objection, it is so ordered. DODD might want that looked at as he up in Vermont. The amendment is as follows: grows older, shuttling himself back and This has been checked through. (Purpose: To expand aviation capacity and forth from one end of Reagan National I send the amendment to the desk. alleviate congestion in the greater Chicago Airport to the other, which is a bit of The PRESIDING OFFICER. The metropolitan area) a trial. And I certainly am in support, clerk will report. At the end of title II, add the following: having undergone that unique experi- The assistant legislative clerk read SEC. 217. GARY/CHICAGO AIRPORT FUNDING. ence. as follows: The Administrator of the Federal Aviation Mr. HOLLINGS. Particularly becom- Administration shall, for purposes of chapter The Senator from South Carolina [Mr. 471 of title 49, United States Code, give pri- ing a recent father, he is wearing down. HOLLINGS], for Mr. JEFFORDS, proposes an ority consideration to a letter of intent ap- Mr. MCCAIN. That is right. Having to amendment numbered 910. plication for funding submitted by the City carry a small child with him has be- Mr. HOLLINGS. Mr. President, I ask of Gary, Indiana, or the State of Indiana, for come a bit of a burden. So on behalf of unanimous consent that reading of the the extension of the main runway at the Senator DODD, and all of us who are amendment be dispensed with. Gary/Chicago Airport. The letter of intent aging, I ask that this amendment, The PRESIDING OFFICER. Without application shall be considered upon comple- which asks the airlines to take a look tion of the environmental impact statement at the possibility of making these shut- objection, it is so ordered. and benefit cost analysis in accordance with The amendment is as follows: Federal Aviation Administration require- tles closer together, be adopted. I think (Purpose: To provide a 1 year extension of es- ments. The Administrator shall consider the it is appropriate and I support the sential air service to an airport whose eli- letter of intent application not later than 90 amendment. gibility was terminated due to the impact days after receiving it from the applicant. The PRESIDING OFFICER. Is there of decreased air travel) Mr. HOLLINGS. Mr. President, does further debate on the amendment? At the appropriate place, insert the fol- the Senator from Arizona approve of If there is no further debate, without lowing: the amendment? objection, the amendment is agreed to.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7805 The amendment (No. 912) was agreed (3) the imposition of the restrictions shall ing of the amendment be dispensed to. not affect the Airport’s eligibility to receive with. Mr. MCCAIN. I move to reconsider a grant under title 49, United States Code; The PRESIDING OFFICER. Without the vote. and objection, it is so ordered. Mr. HOLLINGS. I move to lay that (4) the restrictions shall not be deemed to be unreasonable, discriminatory, a violation The amendment is as follows: motion on the table. of the assurances required by section 47107(a) At the end of Title V, add the following The motion to lay on the table was of title 49, United States Code, or an undue new section: agreed to. burden on interstate commerce. (g) MEASUREMENT OF HIGHWAY MILEAGE FOR PURPOSES OF DETERMINING ELIGIBILTY Mr. MCCAIN. Mr. President, it is my (b) DEFINITIONS.—In this section, the terms understanding we have a number of ad- ‘‘Stage 2 aircraft’’ and ‘‘Stage 3 aircraft’’ FOR ESSENTIAL AIR SERVICE SUBSIDIES.— ditional amendments which have been have the same meaning as those terms have (1) DETERMINATION OF ELIGIBILITY.—Sub- in chapter 475 of title 49, United States Code. chapter II of Chapter 417 of title 49, United agreed to but have not been presented States Code, (as amended by subsection (f) of at this time. If the staffs of the Mem- Mr. THOMAS. Mr. President, this is a this bill) is further amended by adding at the bers who have these amendments we very short, simple amendment. What it end the following new section: have discussed and have agreed to—one deals with is Teton National Park. I ‘‘§ 41746. Distance requirement applicable to is a Nelson amendment. That has al- think it is probably the only park in eligibility for essential air service subsidies ready been accepted. One is a Feinstein the country that has in it a commer- ‘‘(a) IN GENERAL.—The Secretary shall not amendment. We are in agreement with cial airport. provide assistance under this subchapter it, but it has not been formally offered. Some years ago, the airport and the with respect to a place in the 48 continguous One is a Specter amendment that we park agreed they could limit noise in States that— are considering now, a Burns amend- the park. They had done so with com- ‘‘(1) is less than 70 highway miles from the ment concerning general aviation, a mercial airlines, but they have not nearest hub-airport; or Murkowski amendment concerning de- been able to do so with private jets. ‘‘(2) requires a rate of subsidy per pas- senger in excess of $200, unless such place is cision on a tower. We would like to This would give them that authority. greater than 210 highway miles from the consider those amendments as soon as It has been approved by the Park nearest hub airport. possible, if the sponsors of those Service, by the Interior Department, ‘‘(b) DETERMINATION OF MILEAGE.—For pur- amendments would come here, while and we would like very much to have poses of Lancaster, Pennsylvania, the high- we are preparing to debate a Specter the authority for them to be able to way mileage between a place and the nearest amendment at this time. deal with the noncommercial jets and hub airport is the highway mileage of the Mr. President, I suggest the absence the noise they create in Teton National most commonly used route between the of a quorum. Park. place and the hub airport. In identifying The PRESIDING OFFICER. The such route, the Secretary shall— The PRESIDING OFFICER. The Sen- ‘‘(1) promulgate by regulation a standard clerk will call the roll. ator from Arizona. for calculating the mileage between Lan- The legislative clerk proceeded to Mr. MCCAIN. Mr. President, I thank caster, Pennsylvania and a hub airport, and call the roll. Senator THOMAS for his sponsorship of ‘‘(2) identify the most commonly used Mr. THOMAS. Mr. President, I ask this amendment. One of the greatest route for a community by— unanimous consent that the order for problems we have today in America is ‘‘(A) consulting with the Governor of a the quorum call be rescinded. aircraft noise over national parks. We State or the Governor’s designee; and The PRESIDING OFFICER. Without have been fighting it in the Grand Can- ‘‘(B) considering the certification of the objection, it is so ordered. yon, trying to balance the needs of Governor of a State or the Governor’s des- ignee as to the most commonly used route.’’. AMENDMENT NO. 913 commercial aircraft—not only those Mr. THOMAS. Mr. President, I have ‘‘(b) CONFORMING AMENDMENT.—The anal- taking off and arriving but air tours— ysis for subchapter II of chapter 417 of title an amendment I send to the desk. and that of preserving the incredible 49, United States Code, (as amended by sub- The PRESIDING OFFICER. The park experience. section (f) of this bill) is further amended by clerk will report. I thank Senator THOMAS for his effort inserting after the item relating to section The senior assistant bill clerk read as to try to bring about the restoration of 41745 the following new item: follows: that marvelous experience in one of ‘‘41746. Distance requirement applicable to The Senator from Wyoming [Mr. THOMAS] our Nation’s crown jewels. eligibility for essential air serv- proposes an amendment numbered 913. I support the amendment. ice subsidies.’’. Mr. THOMAS. Mr. President, I ask Mr. HOLLINGS. Mr. President, the (h) REPEAL.—The following provisions of unanimous consent that reading of the Department of the Interior and the law are repealed: ‘‘(1) Section 332 of the Department of amendment be dispensed with. Park Service approved the amendment. The PRESIDING OFFICER. Without Transportation and Related Agencies Appro- We also support its adoption. priations Act, 2000 (49 U.S.C. 41731 note). objection, it is so ordered. The PRESIDING OFFICER. Is there (2) Section 205 of the Wendell H. Ford Avia- The amendment is as follows: further debate on the amendment? tion Investment and Reform Act for the 21st (Purpose: To permit Jackson Hole Airport to The question is on agreeing to the Century (49 U.S.C. 41731 note). adopt certain noise reduction measures) amendment. (3) Section 334 of the Department of Trans- At the end of title V, add the following new The amendment (No. 913) was agreed portation and Related Agencies Appropria- section: to. tions Act, 1999 (section 101(g) of division A of the Omnibus Consolidated and Emergency SEC. 521. EXEMPTION FOR JACKSON HOLE AIR- Mr. MCCAIN. I move to reconsider PORT. Supplemental Appropriations Act, 1999) (a) IN GENERAL.—Notwithstanding chapter the vote. (Public Law 105–277; 112 Stat. 2681—471). 475 of title 49, United States Code, or any Mr. LOTT. I move to lay that motion (i) SECRETARIAL REVIEW.— other provision of law, if the Board of the on the table. (1) REQUEST FOR REVIEW.—Any community Jackson Hole Airport in Wyoming and the The motion to lay on the table was with respect to which the Secretary has, be- Secretary of the Interior agree that Stage 3 agreed to. tween September 30, 1993, and the date of the aircraft technology represents a prudent and The PRESIDING OFFICER. The Sen- enactment of this Act, eliminated subsidies feasible technological advance which, if im- ator from Pennsylvania is recognized. or terminated subsidy eligibility under sec- plemented at the Jackson Hole Airport, will tion 332 of the Department of Transportation AMENDMENT NO. 915 result in a reduction in noise at Grand Teton and Related Agencies Appropriations Act, National Park— Mr. SPECTER. Mr. President, I send 2000 (49 U.S.C. 41731 note), Section 205 of the (1) the Jackson Hole Airport may impose an amendment to the desk. Wendell H. Ford Aviation Investment and restrictions on, or prohibit, the operation of The PRESIDING OFFICER. The Reform Act for the 21st Century (49 U.S.C. Stage 2 aircraft weighing less than 75,000 clerk will report. 41731 note), or any prior law of similar effect, pounds, with reasonable exemptions for pub- The senior assistant bill clerk read as may request the Secretary to review such ac- lic health and safety; follows: tion. (2) the notice, study, and comment provi- (2) ELIGIBILITY DETERMINATION.—Not later The Senator from Pennsylvania [Mr. SPEC- sions of subchapter II of chapter 475 of title than 60 days after receiving a request under TER] proposes an amendment numbered 915. 49, United States Code, and part 161 of title subsection (i), the Secretary shall— 14, Code of Federal Regulations, shall not Mr. SPECTER. Mr. President, I ask (A) determine whether the community apply to the imposition of the restrictions; unanimous consent that further read- would have been subject to such elimination

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7806 CONGRESSIONAL RECORD — SENATE June 12, 2003 of subsidies or termination of eligibility I appreciate the Senator being will- amendment. Other than that, I don’t under the distance requirement enacted by ing to work out a fair solution. know of any other amendments. the amendment made by subsection (g) of Mr. MCCAIN. Mr. President, I thank My point is, within a relatively short this bill to subchapter II of chapter 417 of the Senator from Pennsylvania. I did period of time, we will ask unanimous title 49, United States Code; and (B) issue a final order with respect to the have the opportunity to meet with a consent that these be the only amend- eligibility of such community for essential group of his fellow citizens from Lan- ments in order. If people are out there air service subsidies under subchapter II of caster. They made a very compelling with amendments, they should come chapter 417 of title 49, United States Code, as case on the burden they bear. I think forward in the next couple of minutes. amended by this Act. this is a fair and equitable solution. I Mr. MCCAIN. Mr. President, in about Mr. SPECTER. Mr. President, this thank the Senator. 10 minutes, if that is OK—that will amendment is an accommodation and The PRESIDING OFFICER. The Sen- give plenty of time for people who have compromise worked out after discus- ator from Pennsylvania is recognized. additional amendments—I will propose sion with the chairman of the com- Mr. SPECTER. Mr. President, to that we have a unanimous consent that mittee and the chairman of the sub- complete the discussion here regarding no further amendments be in order. committee. I have already filed amend- giving these essential air services to I yield the floor. ment No. 904, which is part of the Lancaster, they had one small airline Mr. SPECTER. Mr. President, I sup- record. This amendment goes to the that serviced Lancaster. They with- plement what the Senator from Nevada issue of providing essential air services drew because, in the absence of a mod- said. I have already given notice that I to Lancaster, Pennsylvania. The exist- est subsidy, they could not serve Lan- have another amendment. If I may in- ing law provides that essential air serv- caster anymore. In an era when we are quire of the manager, the Senator from ices shall be provided if there is a dis- helping airlines with loan guarantees Arizona. I am prepared to proceed at tance of 70 miles or more to the hub of and bailouts and so many other provi- this time with the amendment. a major airport. sions, this is really minimal. If I may have the attention of the Lancaster is 66 miles from the Phila- This amendment, as provided, will Senator from Arizona, is it agreeable delphia International Airport, if you take care of Lancaster. If I may say for that I may call up my amendment? travel along Route 30, which is the old the record—if I may have the attention Mr. MCCAIN. Yes. Lincoln Highway, where there is a traf- of the Senator from Mississippi, the AMENDMENT NO. 905 fic light every other block with the chairman of the subcommittee, who Mr. SPECTER. Mr. President, I call most extraordinary congestion. Nobody will be principal conferee—this provi- up amendment No. 905, which has been who travels from Lancaster to the sion will be fought for in conference. In filed. Philadelphia Airport takes congested the House, the matter has been handled The PRESIDING OFFICER. The Route 30. The commonly used route is by Congressman JOE PITTS, a very able clerk will report. to take 222 to the turnpike and then to Congressman who represents the area The senior assistant bill clerk read as the Schuylkill Expressway, and that is including Lancaster. I am sure Con- follows: gressman PITTS will be amenable to a distance of some 80 miles. So the The Senator from Pennsylvania [Mr. SPEC- route that any rational person would this amendment, which gives further TER], for himself, Mrs. BOXER, Mr. DURBIN, use would be the 80-mile route, not the assurance and protection to Lancaster, Mr. DAYTON, proposes an amendment num- 66-mile route. Pennsylvania. So it is in the context of bered 905. We have worked with the Depart- this assurance of our tough position in Mr. SPECTER. I ask unanimous con- ment of Transportation for several conference, which ought to prevail, sent that further reading of the amend- years in trying to work out this ar- that I have agreed to this accommoda- ment be dispensed with. rangement, but they have refused to tion. The PRESIDING OFFICER. Without listen to reason. The City of Lancaster I thank the Senator from Mississippi objection, it is so ordered. took an expensive appeal to the Court and I thank the Senator from Arizona The amendment is as follows: of Appeals for the Third Circuit, and for working out this issue. I yield the (Purpose: To provide safety and security the Court felt bound to honor the dis- floor. with respect to aviation repair stations) The PRESIDING OFFICER. Is there cretion of the Secretary of Transpor- At the end of title IV, add the following: tation, even though the discretion was further debate on the amendment? SEC. 405. FOREIGN REPAIR STATION SAFETY AND very unwisely used. The Court found Mr. HOLLINGS. I thank the Senator SECURITY. itself constrained to let the Secretary from South Carolina for supporting the (a) DEFINITIONS.—In this section: determine it. amendment. (1) ADMINISTRATOR.—The term ‘‘Adminis- The amendment I had intended to Mr. SPECTER. Mr. President, I asso- trator’’ means the Administrator of the Fed- offer, which has been denominated as ciate myself with the last remarks of eral Aviation Administration. 904, provides that the determination of Senator HOLLINGS. Like the Senator (2) DOMESTIC REPAIR STATION.—The term the appropriate mileage would be de- from South Carolina, I thank the Sen- ‘‘domestic repair station’’ means a repair termined by the Governor or by the ator from South Carolina. station or shop that— The PRESIDING OFFICER. The (A) is described in section 44707(2) of title Metropolitan Planning Organization. A 49, United States Code; and concern was expressed as to that—to question is on agreeing to the amend- (B) is located in the United States. have the State make a determination ment. (3) FOREIGN REPAIR STATION.—The term as to what would be done with the Fed- The amendment (No. 915) was agreed ‘‘foreign repair station’’ means a repair sta- eral expenditure of funds. Well, that is to. tion or shop that— not all the time, but I am not going to Mr. REID. Mr. President, our cloak- (A) is described in section 44707(2) of title belabor that argument because we have room has indicated that Senators have 49, United States Code; and an accommodation. had an all-day-long notice that we are (B) is located outside of the United States. Mr. LOTT. Will the Senator yield to trying to complete this bill today. (4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means the Under Secretary for me at this point? Statements have been made on the Border and Transportation Security of the Mr. SPECTER. Yes. floor by the managers many times to Department of Homeland Security. Mr. LOTT. I note that I have looked that effect. (b) APPLICABILITY OF STANDARDS.—Within at this situation and I am going to sup- On the Democratic side, the only 180 days after the date of enactment of this port what this amendment is trying to amendments we know of that people Act, the Administrator shall issue regula- do. I think, in this case, this area he is wish to offer are by Senators FEIN- tions to ensure that foreign repair stations referring to has been disadvantaged. STEIN, INOUYE, HOLLINGS, and Senator meet the same level of safety required of do- mestic repair stations. We do not want to and do not intend to ROCKEFELLER has an amendment. start down the line of making an ex- Other than those, we don’t know of any (c) SPECIFIC STANDARDS.—In carrying out subsection (b), the Administrator shall, at a ception here and there. This is a case other amendments on our side. minimum, specifically ensure that foreign where, clearly, you have been disadvan- On the other side, I have been told repair stations, as a condition of being cer- taged by the way it has been inter- there is a Burns amendment, a Mur- tified to work on United States registered preted. kowski amendment, and a Stevens aircraft—

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7807 (1) institute a program of drug and alcohol of, any foreign repair station until such reg- ommendations and conclusions, to the Con- testing of its employees working on United ulations have been issued. gress within 180 days after the date of enact- States registered aircraft and that such a Mr. SPECTER. Mr. President, I am ment of this Act; and program provides an equivalent level of safe- offering this amendment on behalf of (3) the Administrator shall not issue regu- ty achieved by the drug and alcohol testing lations under subsection (h). myself and Senators BOXER, DURBIN, requirements that workers are subject to at The PRESIDING OFFICER. The Sen- domestic repair stations; and DAYTON. Senator INHOFE had indi- cated some support, but I think he has ator from Mississippi. (2) agree to be subject to the same type and Mr. LOTT. Mr. President, let me ex- a little different approach, so I am level of inspection by the Federal Aviation plain why I offered this amendment. Administration as domestic repair stations going to proceed with it on this basis. and that such inspections occur without The amendment provides for foreign Senator SPECTER raises some very le- prior notice to the country in which the sta- aircraft repair stations to be subject to gitimate concerns, and we need to tion is located; and the same provisions as domestic air know what the situation is with regard (3) follow the security procedures estab- stations. to safety standards and the conditions lished under subsection (d). What we have at the present time is of the workers in these foreign repair (d) SECURITY AUDITS.— stations. (1) IN GENERAL.—To ensure the security of a very different set of standards for for- eign repair stations than are in effect First, I was not aware of this amend- maintenance and repair work conducted on ment or the committee was not aware United States aircraft and components at for domestic stations. In foreign sta- foreign repair stations, the Under Secretary, tions, for example, there need not be of this amendment until about an hour in consultation with the Administrator, drug and alcohol testing. In foreign ago. We have not had a chance to find shall complete a security review and audit of stations, there are not the kinds of re- out more about what the ramifications foreign repair stations certified by the Ad- are, the need for it, or what we need to quirements and regulations as to the ministrator under part 145 of title 14, Code of do. We have had no hearings on this maintenance for safety, and there are Federal Regulations. The review shall be matter. completed not later than 180 days after the no requirements as to security. There is no question we need to make I realize this kind of an amendment date on which the Under Secretary issues sure these foreign repair stations for regulations under paragraph (6). may result in some higher costs, how- airlines are good ones and the workers (2) ADDRESSING SECURITY CONCERNS.—The ever, I believe these costs are war- at these stations meet certain quali- Under Secretary shall require a foreign re- ranted in the interest of the traveling fications. They are doing good work ba- pair station to address the security issues public so there is an adequate assur- sically. and vulnerabilities identified in a security ance of safety. If you do not have the audit conducted under paragraph (1) within I am offering this amendment on be- kinds of requirements that are in effect 90 days of providing notice to the repair sta- half of Senator INHOFE who has some tion of the security issues and by the FAA in the United States, then experience in this area, has been to vulnerabilities identified. we do not have the maintenance of the some of these foreign repair stations (3) SUSPENSIONS AND REVOCATIONS OF CER- same kind of safety standards. and has some concerns. Being a pilot TIFICATES.— With respect to foreign competition, himself, having served on the com- (A) FAILURE TO CARRY OUT EFFECTIVE SECU- I think it is a fair requirement to say mittee of jurisdiction in the House, RITY MEASURES.—If the Under Secretary de- that you are not requiring ‘‘Buy Amer- termines as a result of a security audit that this is something we would like to ican,’’ but you are saying that the peo- a foreign repair station does not maintain know his feelings about and make sure ple in the United States who provide and carry out effective security measures or of what the situation is today. if a foreign repair station does not address these services ought to have the same He thought, though, we needed to the security issues and vulnerabilities as re- sort of security standards, the same look into it and understand what is quired under subsection (d)(2), the Under sort of maintenance standards, and the happening. For instance, we may, by Secretary shall notify the Administrator of same sort of drug testing or alcohol the determination. Upon receipt of the deter- doing this, be imposing more require- testing as in foreign standards. So this ments on these foreign repair stations mination, the Administrator shall suspend goes beyond the idea of protectionism. the certification of the repair station until that do not need certain laws or regu- such time as the Under Secretary determines These requirements that are in effect lations in the various countries. We that the repair station maintains and carries in the United States are to provide for may be taking actions that would drive out effective security measures and has ad- the safety of the traveling public. If it up costs. We may be taking actions dressed the security issues identified in the costs X dollars to provide for the safety that would have a dramatic impact on audit, and transmits the determination to of the traveling public, then I think the Administrator. our own domestic airlines, which, by that is what we ought to do, and that the way, some of the most profitable (B) IMMEDIATE SECURITY RISK.—If the Under is the gravamen and the thrust behind Secretary determines that a foreign repair routes are overseas routes. This is a this amendment. station poses an immediate security risk, reason Northwest was Northwest Ori- I yield the floor. the Under Secretary shall notify the Admin- ent. There is no question American, istrator of the determination. Upon receipt The PRESIDING OFFICER. The Sen- ator from Mississippi. Delta—the big airlines—do have very of the determination, the Administrator important overseas routes. AMENDMENT NO. 914 TO AMENDMENT NO. 905 shall revoke the certification of the repair I would like to know if they think station. (Purpose: To require the Administrator of they are getting good service. What (4) FAILURE TO MEET AUDIT DEADLINE.—If the FAA to conduct a study of safety the security audits required by paragraph (1) standards at foreign repair stations) problems and what costs are going to be the result of this action? are not completed on or before the date that Mr. LOTT. Mr. President, I send a is 180 days after the date on which the Under That is what I say to Senator SPEC- Secretary issues regulations under para- second-degree amendment to the desk TER. It is a legitimate concern. We may graph (6), the Administrator may not certify, and ask it be read in its entirety. need to do something more in this The PRESIDING OFFICER. The or renew the certification of, any foreign re- area, but I would like to know what clerk will report the amendment. pair station until such audits are completed. the ramifications are before we actu- The assistant legislative clerk read (5) PRIORITY FOR AUDITS.—In conducting ally put this requirement in place. the audits described in paragraph (1), the as follows: This amendment, as I understand it Under Secretary and the Administrator shall The Senator from Mississippi [Mr. LOTT] and as it has been read, says the Ad- give priority to foreign repair stations lo- proposes an amendment numbered 914 to cated in countries identified by the United amendment No. 905: ministrator has to have a study of the States Government as posing the most sig- At the end of the amendment add the fol- need to establish this program to en- nificant security risks. lowing: sure that foreign repair stations meet (6) REGULATIONS.—Not later than 180 days () STUDY.—Notwithstanding the pre- the conditions of standards described after the date of enactment of this section, ceding provisions of this section— in other sections of the law, that they the Under Secretary, in consultation with (1) the Administrator shall conduct a study report the results of that study, to- the Administrator, shall issue final regula- of the need to establish a program to ensure gether with the Administrator’s rec- tions to ensure the security of foreign and that foreign repair stations meet the condi- ommendations and conclusions, to the domestic repair stations. If final regulations tions and standards described in subsection are not issued within 180 days of the date of (c); Congress within a specified period of enactment of this Act, the Administrator (2) report the results of that study, to- time. This is not just an open-ended ge- may not certify, or renew the certification gether with the Administrator’s rec- neric thing. That would also give us

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7808 CONGRESSIONAL RECORD — SENATE June 12, 2003 time on the committee to ask ques- Transportation (DOT), the Federal Aviation oversight activities that occur at domestic tions of all those impacted by the re- Administration (FAA), and the Transpor- facilities, both formally and informally, that quirement. tation Security Administration (TSA) are re- simply do not occur at foreign facilities. Indeed, the AFL-CIO, TTD and its mechan- I think this is a good solution to a quired to act upon this petition in the inter- est of aviation safety. ics union affiliates have long been concerned problem we should not ignore, but be- It is well known that this nation continues that foreign aircraft repair stations can re- fore we act we need to know what the to be the target of terrorist intentions both ceive FAA certification and then work on impact is going to be. domestically and abroad. In fact, the U.S. U.S.-registered aircraft without meeting the I yield the floor. State Department and other government same safety and security standards imposed Mr. DURBIN. Mr. President, I strong- agencies have frequently warned about on domestic facilities and their employees. ly support the Specter amendment to threats occurring outside the U.S. but di- In addition to regulatory differences, we S. 824, the Aviation Investment and Re- rected at U.S. citizens and interests. We are know that the oversight of foreign stations concerned that certified foreign aircraft re- pales in comparison to the surveillance per- vitalization Vision Act, that would ad- pair stations that are eligible to work on formed on domestic stations, especially dress safety and security issues at for- U.S. aircraft, could provide terrorists with those managed within major air carrier oper- eign aircraft repair stations working an opportunity to jeopardize U.S. aviation ations. For example, FAA inspectors, rep- on U.S. aircraft. safety without having to physically enter resented by the Professional Airways Sys- For a number of years, I have been this country. At a time of heightened alert tems Specialists (PASS), do not have the working with the AFL–CIO’s Transpor- around the globe, our government must do same type of access to foreign stations as everything possible to protect against ter- they do with domestic facilities. This reality tation Trades Department and its me- is complicated by the fact that insufficient chanic unions)—the International As- rorist agents infiltrating foreign repair sta- tions and sabotaging air operations headed FAA inspector staffing levels do not allow sociation of Machinists, the Transport back to the United States. for proper oversight of stations located out- Workers Union, and the International While there is no publicly known evidence side the U.S. Given this situation, it is trou- Brotherhood of Teamsters—to close the that terrorists have pursued this agenda, it bling that the effective date for modifica- safety loopholes that many foreign sta- makes little sense for the Bush Administra- tions to Part 145 was recently and tions present. tion to leave it to chance. In fact, the DOT’s inexplicably postponed at the request of in- dustry trade groups and that such postpone- I would like to submit for the Inspector General recently announced that as part of a larger audit of air carriers’ use ment was granted without giving the public RECORD a letter I received from these of aircraft repair stations, it found security any notice or opportunity to comment. unions expressing their continued op- vulnerabilities at stations located at com- For these reasons we urge the DOT, the position to unsafe foreign stations. mercial and general-aviation airports and off FAA, and the TSA to issue an emergency I would also like to submit for the airport property. While the IG recommended order to temporarily prevent certain foreign RECORD a letter recently sent from the that the TSA conduct risk-based security as- stations certified under 14 CFR Part 145 from working on U.S. aircraft or components. The AFL–CIO and its Transportation sessments as a first-step in determining the FAA should use these temporary revocations actions needed to address repair station se- Trades Department to the Administra- to conduct thorough security audits of for- curity, we would maintain that until the se- tion highlighting their concerns about eign stations and to promulgate rules that curity ‘‘fitness’’ of foreign stations can be the security at foreign stations. impose security procedures at these facili- As these letters clearly demonstrate, assured, their FAR 145 rights to work on U.S. ties. In particular, the FAA should focus on aircraft should be suspended. ensuring that mechanics and other workers we have legitimate concerns with re- The security risks posed by foreign sta- who come into contact with U.S. aircraft or gard to the current rules governing tions is compounded by the unprecedented fi- components do not pose a security risk and certification and oversight of foreign nancial distress faced by the commercial that other precautions are taken to ensure aviation industry. Two major carriers have stations. For these reasons, I am co- the integrity of the aircraft maintenance declared bankruptcy, others have announced sponsoring the Specter amendment and work performed. We would suggest that severe workforce and service cuts, and vir- urge my colleagues to support it as Joint Aviation Authority members and cer- tually every airline has been forced to insti- well. tain countries that have current Bilateral tute dramatic cost cuts to satisfy lenders I ask unanimous consent that the Aviation Safety Agreements with the U.S. and to keep flying. In this environment, U.S. may already meet many of the security aforementioned letters, dated April 10, carrier will undoubtedly pursue, over the standards needed and would not need to have 2003, and May 22, 2003, be printed in the strong objections of the International Asso- their FAR 145 rights suspended while rules RECORD. ciation Machinists and Aerospace Workers, are being drafted. There being no objection, the mate- the Transport Workers Union and the Inter- As you know, the Secretary of Transpor- rial was ordered to be printed in the national Brotherhood of Teamsters, the out- tation is charged with the responsibility of RECORD, as follows: sourcing of major overhaul and other repair ‘‘assigning and maintaining safety as the work to lower cost, potentially substandard AMERICAN FEDERATION OF LABOR highest priority in air commerce.’’ 49 U.S.C. third party contractors including those AND CONGRESS OF INDUSTRIAL OR- § 40101(a)(1). Furthermore, when the Adminis- based overseas. A real life illustration of GANIZATIONS, trator is of the ‘‘opinion that an emergency these concerns are the management rights Washington, DC, April 10, 2003. related to safety in air commerce requires secured by Northwest Airlines in its 2001 col- Hon. NORMAN Y. MINETA, immediate action, the Administrator, on the lective bargaining agreement with its me- Secretary of Transportation, Washington, DC. initiative of the Administrator or on com- chanics union under which the airline can plaint, may prescribe regulations and issue Hon. MARION BLAKEY, contract out almost 40 percent of repair and orders immediately to meet the emergency Administrator, Federal Aviation Administration, overhaul work to outside contractors around . . .’’ 49 U.S.C. § 46105(c). We would maintain Washington, DC. the globe. In fact, Northwest Airlines al- that a unique confluence of factors described Hon. JAMES M. LOY, ready relies on a Singapore-based repair op- above create a situation that necessitates Under Secretary for Security, Transportation eration for significant overhaul work on its federal government action in the public in- Security Administration, Arlington, VA. DC–10 aircraft and the carrier could use the terest and to maintain aviation safety. DEAR SECRETARY MINETA, ADMINISTRATOR freedoms it secured in its 2001 collective bar- Thank you for your immediate attention BLAKEY AND ADMIRAL LOY: On behalf of the gaining agreement for mechanics to ship sig- to this matter and we look forward to your 13 million members of the AFL–CIO and the nificantly more of that work abroad. And response. Transportation Trades Department, AFL– with the lax FAA oversight and surveillance Sincerely, CIO (TTD) we urge you to take immediate of unknown security procedures at many for- RICHARD L. TRUMKA, action to temporarily revoke the certifi- eign stations, the potential for terrorist se- Secretary-Treasurer, cation of certain foreign-based aircraft re- curity breaches grows as these stations see AFL–CIO. pair stations until such time as thorough se- more work from the U.S. SONNY HALL, curity audits are conducted by responsible It is interesting that in the pursuit of avia- President, Transpor- agencies and rules are put in place to ensure tion security the FAA and the TSA recently tation Trades De- that these stations do not pose an imminent issued rules that require the FAA to revoke partment, AFL–CIO. national and aviation security risk. As you the airman certificate, which includes a Part know, there are currently over 600 foreign 65 mechanic certification, of any individual TRANSPORTATION TRADES aircraft repair stations, certified under 14 who the TSA determines poses a threat to DEPARTMENT, AFL–CIO, CFR Part 145 (Subpart C), that are permitted aviation security. But from a practical Washington, DC, May 22, 2003. to work on U.S. registered aircraft. Because standpoint these rules will only affect me- Hon. RICHARD J. DURBIN, of the unique combination of national secu- chanics at domestic stations since only do- U.S. Senate, Dirksen Senate Office Building, rity and economic conditions that currently mestic stations, and not foreign stations, are Washington, DC. exist in the aviation industry, as outlined required to have FAA-certified employees on DEAR SENATOR DURBIN: On behalf of the below, we believe that the Department of premise. Furthermore, there are a number of Transportation Trades Department, AFL–

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7809 CIO (TTD) and its aircraft mechanics unions, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without we write to ask for your assistance in pro- ator from Pennsylvania. objection, it is so ordered. tecting the safety and security of our avia- Mr. SPECTER. Mr. President, the Mr. MCCAIN. The pending amend- tion system and the jobs of thousands of air- craft mechanics due to deficient federal gov- second-degree amendment proposed by ments on our side are a Stevens amend- ernment policy and efforts by the major air- the Senator from Mississippi is an im- ment, a Burns amendment, and a lines to cut costs through outsourcing of provement over where the record Santorum amendment. maintenance and heavy overhaul work to stands at the present time, however, I Mr. REID. Mr. President, we want to foreign-based repair stations. think it does not go far enough. When have a list just as quickly as my friend As an original cosponsor of the Aircraft he states that he does not know the from Arizona. We do need to have floor Repair Station Safety Act (S. 1089) in the staff look at the subject matter of 105th Congress, legislation strongly sup- consequences of my amendment, I ported by AFL–CIO unions, we know that would disagree with him. these amendments because we do not you are well aware of this problem and we The amendment provides that there know what they could be. We can take appreciate your leadership in protecting will be standards on the level of inspec- the 10 minutes the Senator from Ari- aviation safety and U.S. jobs. As we have dis- tion, which are of the same type as now zona suggested—the only addition I cussed with you over many years, the Fed- promulgated by the Federal Aviation know we have is an amendment by eral Aviation Administration (FAA), pursu- Administration. So if you have that Senator KOHL—and have our staffs look ant to 14 CFR Part 145 (Subpart C), allows foreign stations to receive certification to level of inspection, which they have at these amendments while Senator work on U.S. aircraft even though these sta- now, there is no question as to its not BOXER is speaking for up to 10 minutes. tions do not have to meet the same stand- being onerous, or at least if it is oner- Following that, I think we would be ards as those located in this country. While ous, it is onerous now, however, it is in a position to look at the amend- AFL–CIO mechanics unions have long argued the same. ments and order the closure of the that this situation threatens mechanics’ jobs We should have drug and alcohol amendment process. and the safety of the flying public, the cur- testing as a very minimal requirement Mr. MCCAIN. I ask unanimous con- rent drive by air carriers to ship work over- seas, combined with unique security con- so we know specifically what is in- sent that Senator HAGEL be added as a cerns at these stations, has exacerbated this volved there. We know people who are cosponsor of amendment No. 906. problem and your help is urgently needed to drug addicts or who are unduly influ- The PRESIDING OFFICER. Without address this issue. enced by alcohol to be carrying on objection, it is so ordered. We know that U.S. carriers will pursue, these inspections. Mr. REID. Mr. President, as part of over the strong objections of the Inter- When it comes to the third factor, se- the agreement, it is my understanding national Association of Machinists and Aero- space Workers, the Transport Workers Union curity, the amendment I have proposed that the Senator from California will and the International Brotherhood of Team- calls for ensuring the security of main- be recognized for up to 10 minutes. Is sters, outsourcing of major overhaul and tenance and repair work conducted on that right? other repair work to lower cost and poten- U.S. aircraft and components at for- The PRESIDING OFFICER. No tially substandard third party contractors eign repair stations by the Under Sec- agreement has been propounded. based overseas. In fact, Northwest Airlines, retary in consultation with the Admin- Mr. REID. Did not the Senator from secured the right in its 2001 collective bar- istrator. Arizona ask unanimous consent that gaining agreement with its non-mechanics union (AMFA) to contract out almost 40 per- Those security arrangements are the vote be put over until later and cent of repair and overhaul work to outside going to be determined by the Depart- that request was propounded at that contractors in Singapore and around the ment of Transportation. We certainly time? I thought the agreement was globe. While the mechanics at Northwest are can rely on them. I think the issue has that the Senator from California would not members of our unions, we are deeply been joined. I think we understand speak on the amendment that was just concerned that the carrier will continue to what is involved. set aside for a vote for 10 minutes. I exploit these harmful contract concessions I ask for the yeas and nays on the ask the Senator from California, would to the detriment of all the nation’s profes- sional aircraft mechanics, the vast majority pending amendment. that be appropriate? of which are our members. Mechanics at The PRESIDING OFFICER. Is there a Mrs. BOXER. I am sorry. I was con- other airlines will face increasing pressure to sufficient second? centrating on my remarks. adopt the dangerous practices of Northwest- There appears to be a sufficient sec- Mr. REID. Is 10 minutes sufficient AMFA that permit almost four out of 10 jobs ond. time for the Senator? to be shipped to foreign contractors. Unless The yeas and nays were ordered. Mrs. BOXER. Yes. Congress steps in aggressively, aviation safe- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ty and security will suffer and the jobs of thousands of workers will be at risk. ator from Arizona. objection, it is so ordered. For these reasons, we urge you to work Mr. MCCAIN. Mr. President, I ask Mr. SPECTER. I ask unanimous con- with us to address this issue as part of the that the vote be delayed until such sent that Senator SANTORUM be added FAA Reauthorization bill that will be con- time— as an original cosponsor on the Lan- sidered by the full Senate in the coming Mr. REID. Will the Senator yield caster amendment. weeks. Together, we can protect the flying without losing his right to the floor? The PRESIDING OFFICER. Without public and in the process ensure the future of The two leaders want these votes to be objection, it is so ordered. America’s highly skilled and professional aircraft mechanics. Thank you for your at- stacked. They are in a very important The PRESIDING OFFICER. The Sen- tention to this matter. Finance Committee meeting which is ator from California. Sincerely, going on now. I ask this be set aside for Mrs. BOXER. Mr. President, I under- ROBERT ROACH, a later time. stand Senator LOTT has second-degreed General Vice Presi- The PRESIDING OFFICER. Without Senator SPECTER’s amendment, of dent, International objection, it is so ordered. which I am a proud cosponsor, with a Association of Ma- Mr. REID. Mr. President, I also note study. Something can be studied and chinists and Aero- that Senator BOXER wishes to speak on studied but, frankly, this would gut space Workers. this amendment for up to 10 minutes. what we are trying to do in our amend- SONNY HALL, International Presi- Mr. MCCAIN. Mr. President, I ask ment. I do not mind a study, but I dent, Transport unanimous consent that we withhold think the time for studying this has Workers Union. the vote until such time as the two passed. DON TREICHLER, leaders decide on a time, which I do not I want to show my colleagues an im- Director, Airline Divi- think will be very long. We have a cou- portant op-ed that appeared in the USA sion, International ple of other amendments which are Today on June 9: ‘‘Evidence Points to Brotherhood of pending that we could dispose of, I FAA’s Laxity on Plane Maintenance.’’ Teamsters. would imagine, within the next 10 or 15 It specifically cites the overseas gaps EDWARD WYTKIND, Executive Director, minutes. that are happening. There are 629 for- Transportation Also, I ask unanimous consent that eign repair stations certified by the Trades Dept., AFL– no further amendments be considered FAA to service U.S. aircraft. They CIO. at this time. point out that they may not be strictly

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7810 CONGRESSIONAL RECORD — SENATE June 12, 2003 monitored because of their distance identified by the Homeland Security Mr. MCCAIN. I ask unanimous con- from U.S.-based airline operations, in- Department within 90 days, and if they sent to set aside the pending amend- creasing the potential risk for error. do not prove to the FAA and to the ment so Senator BURNS can be recog- That is an opinion of an expert on Homeland Security Department that nized for his two amendments. safety, Michael Barr, director of the they are not meeting our heightened The PRESIDING OFFICER. Without University of Southern California’s security needs, FAA must revoke the objection, it is so ordered. aviation safety program. certification of that repair station. AMENDMENT NO. 900, AS MODIFIED I think all of us want to see safety. After all of the work that has been Mr. BURNS. Mr. President, I thank One obvious place is making sure that undertaken to improve our aviation se- the chairman of the committee and the we cut down on the number of aircraft curity, and I must say on both sides of chairman of the subcommittee and the that are overhauled abroad. That is the aisle we have seen this work, we ranking member. I submitted two why I think Senator SPECTER’s amend- must not allow this loophole to con- amendments. One has to do with gen- ment is so important, for the safety tinue. We do not know who is working eral aviation and reimbursement to or- and security of the flying public. We all on our planes at foreign repair sta- ganizations that suffered losses due to have worked very hard in the Com- tions, and I would hate to be a Senator September 11. We took care of the air- merce Committee to improve our avia- who voted to study the issue but not to lines and a lot of service industries in tion security, and I do believe our sys- move quickly to solve the problem if, and around airports, but we forgot and tem is more secure than it was. God forbid, there is an accident be- left out one very important part of the We have much more to do. My col- cause some employee in a foreign re- American aviation scene, very impor- leagues have heard me speak about the pair station was either inebriated or tant to my State of Montana, those importance of the missile defense sys- high on drugs or perhaps even was ter- people involved in general aviation, in tem, against shoulder-fired missiles, rorist connected. other words, the charter business, as and there will be a lot more on that We owe the American people safe and they were impacted, too, and received subject. But while we are improving secure skies, and I think the Specter no reimbursement in any way to re- our security at our airports in this amendment is critical to preventing cover the damages or the losses they country and rooting out potential terrorism and unnecessary accidents. may have incurred. threats among employees in the United My colleagues want a study? Then they We have talked about this. I ask the States, meaning employees who work are saying they do not think this is a amendment which is at the desk to be for the airlines, there are no security problem. considered. It has been amended and regulations or standards for foreign re- Evidence points to FAA’s laxity on worked on by both sides of the aisle. pair stations that work on U.S. air- plane maintenance, and if we do not There is agreement on this amend- craft. adopt Senator SPECTER’s amendment, I ment. I know the Senate is rushing to get think we are making a big mistake. The PRESIDING OFFICER. The through with this very important bill, These planes not only fly internation- clerk will report. but there is a huge gap in our aviation ally but nationally. The bill clerk read as follows: security. There is a huge safety con- I have a parliamentary inquiry. Are The Senator from Montana [Mr. BURNS] cern that I have that Senator SPEC- we going to vote on Senator LOTT’s sec- proposes an amendment numbered 900, as TER’s amendment will remedy. It is im- ond degree at a time certain? modified. portant to remember that foreign re- Mr. REID. No. Mr. BURNS. Mr. President, I ask pair stations work on planes that not The PRESIDING OFFICER (Mr. COR- unanimous consent that the reading of only fly internationally but planes NYN). The yeas and nays have been or- the amendment be dispensed with. that serve domestic routes as well. dered on that amendment but no time The PRESIDING OFFICER. Without There is a huge gap in our aviation has yet been set for that vote. objection, it is so ordered. security, and foreign repair stations do Mrs. BOXER. Another question. If The amendment is as follows: not have the same standards. Senator that fails, will we then be voting on the (Purpose: To provide grants to reimburse LOTT wishes to study this matter, and Specter amendment? And have the general aviation entities for the security I am glad he wishes to study it, but we yeas and nays been ordered on that? costs incurred and revenue foregone as a all know that the underlying amend- The PRESIDING OFFICER. That result of terrorism and the military action ment is the one that would bring about would be the normal course of business, against Iraq) the changes. The underlying amend- but the yeas and nays have not yet At the appropriate place, insert the fol- ment would require foreign repair sta- been ordered on the Specter amend- lowing: SEC. ———. REIMBURSEMENT FOR LOSSES IN- tions to meet the same safety stand- ment. CURRED BY GENERAL AVIATION EN- ards required at domestic repair sta- Mrs. BOXER. I ask for the yeas and TITIES. tions. nays. (a) IN GENERAL.—The Secretary of Trans- Specifically, under the Specter The PRESIDING OFFICER. It is not portation may make grants to reimburse the amendment, foreign repair stations in order at this time. following general aviation entities for eco- would have to institute a drug and al- Mr. HOLLINGS. I ask unanimous nomic losses as a result of the restrictions cohol testing program of its employees consent. imposed by the Federal Government fol- if they want to work on American air- lowing the terrorist attacks on the United The PRESIDING OFFICER. Is there States that occurred on September 11, 2001: craft. objection? (1) General aviation entities that operate I say to my friends in the Senate, the Mr. LOTT. Parliamentary inquiry. at Ronald Reagan Washington National Air- people at these foreign stations are not This is a request to have the yeas and port. even tested for drugs and alcohol, but nays on the second-degree amendment? (2) Airports that are located within 15 American workers are required to have Mr. HOLLINGS. You already got miles of Ronald Reagan Washington Na- drug and alcohol tests. that. This is on the Specter amend- tional Airport and were operating under se- There is no drug and alcohol testing ment, the yeas and nays on the Specter curity restrictions on the date of enactment of this Act and general aviation entities op- program of employees on these foreign amendment. erating at those airports. repair stations. We demand it in our The PRESIDING OFFICER. Is there a (5) Any other general aviation entity that own country. Our employees go sufficient second? is prevented from doing business or oper- through it and we do not have it at There is a sufficient second. ating by an action of the Federal Govern- these foreign repair stations. We want The yeas and nays were ordered. ment prohibiting access to airspace by that these foreign repair stations to agree Mr. REID. We are waiting for the entity. to FAA inspections. unanimous consent request to be (b) DOCUMENTATION.—Reimbursement In addition, the Under Secretary of typed. I hope during that period of under this section shall be made in accord- ance with sworn financial statements or Homeland Security must complete a time we will have six or seven more other appropriate data submitted by each security review and audit of all foreign people calling for amendments. general aviation entity demonstrating the repair stations. The foreign repair sta- The PRESIDING OFFICER. The Sen- costs incurred and revenue foregone to the tions must address security issues ator from Montana. satisfaction of the Secretary.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7811

(c) GENERAL AVIATION ENTITY DEFINED.—In SEC. . RECOMMENDATIONS CONCERNING TRAV- SEC. . REMOVAL OF CAP ON TSA STAFFING this section, the term ‘‘general aviation enti- EL AGENTS. LEVEL. ty’’ means any person (other than a sched- (a) REPORT.—Not later than 6 months after The matter appearing under the heading uled air carrier or foreign air carrier, as such the date of enactment of this Act, the Sec- ‘‘AVIATION SECURITY’’ in the appropriations terms are defined in section 40102 of title 49, retary of Transportation shall transmit to for the Transportation Security Administra- United States Code) that— Congress a report on any actions that should tion in the Transportation and Related (1) operates nonmilitary aircraft under be taken with respect to recommendations Agencies Appropriate Act, 2003 (Public Law part 91 of title 14, Code of Federal Regula- made by the National Commission to Ensure 108–7; 117 Stat. 386) is amended by striking tions, for the purpose of conducting its pri- Consumer Information and Choice in the Air- the fifth proviso. line Industry on— mary business; The PRESIDING OFFICER. The (3) provides services necessary for non- (1) the travel agent arbiter program; and (2) the special box on tickets for agents to question is on agreeing to the amend- military operations under such part 91; or include their service fee charges. ment numbered 916. (4) operates an airport, other than a pri- (b) CONSULTATION.—In preparing this re- mary airport (as such terms are defined in The amendment (No. 916) was agreed port, the Secretary shall consult with rep- to. such section 40102), that— resentatives from the airline and travel AMENDMENT NO. 917 (A) is listed in the national plan of inte- agent industry. grated airport systems developed by the Fed- Mr. HOLLINGS. On behalf of the dis- Mr. BURNS. I ask the amendment be eral Aviation Administration under section tinguished Senator, Senator FEINSTEIN, agreed to. 47103 of such title; or I send an amendment to the desk and (B) is normally open to the public, is lo- The PRESIDING OFFICER. Is there cated within the confines of enhanced class B no further debate on the amendment? ask it be reported. This has to do with airspace (as defined by the Federal Aviation Mr. BURNS. By the way, it has been air quality on new aircraft. Administration in Notice to Airmen FDC 1/ cleared by both sides. The PRESIDING OFFICER. The 0618), and was closed as a result of an order The PRESIDING OFFICER. The clerk will report. issued by the Federal Aviation Administra- question is on agreeing to the amend- The assistant legislative clerk read tion in the period beginning September 11, ment numbered 899. as follows: 2001, and ending January 1, 2002, and re- The amendment (No. 899) was agreed The Senator from South Carolina [Mr. mained closed as a result of that order on to. HOLLINGS] for Mrs. FEINSTEIN, proposes an January 1, 2002. Mr. BURNS. I move to reconsider the amendment numbered 917. Such term includes fixed based operators, vote. Mr. HOLLINGS. Mr. President, I ask persons engaged in nonscheduled air taxi Mr. REID. I move to lay that motion unanimous consent that the reading of service or aircraft rental. on the table. (d) AUTHORIZATION OF APPROPRIATIONS.— the amendment be dispensed with. There is authorized to be appropriated to The motion to lay on the table was The PRESIDING OFFICER. Without carry out this section $100,000,000. Such sums agreed to. objection, it is so ordered. shall remain available until expended. Mr. BURNS. I appreciate the leader- The amendment is as follows: Mr. BURNS. It has been worked on ship on both sides of the aisle for con- (Purpose: To provide for air quality in by both sides and I ask for its adoption. sideration of the amendments. aircraft cabins) I yield the floor. Strike section 664 and insert the following: The PRESIDING OFFICER. If there Mr. STEVENS. Mr. President, sorry SEC. 664. AIR QUALITY IN AIRCRAFT CABINS. is no further debate, the question is on to interrupt. I call attention to the agreeing to the amendment numbered (a) IN GENERAL.—The Administrator of the Senate that Special Operations is Federal Aviation Administration shall un- 900, as modified. hosting a reception for Members of the The amendment (No. 900), as modi- dertake the studies and analysis called for in Senate and staff tonight from 5:30 to the report of the National Research Council fied, was agreed to. 7:30 in room 106 of the Dirksen Build- entitled ‘‘The Airliner Cabin Environment Mr. MCCAIN. I move to reconsider ing. General Holland would be honored and the Health of Passengers and Crew’’. the vote. if Members could stop by. My Defense (b) REQUIRED ACTIVITIES.—In carrying out Mr. BURNS. I move to lay that mo- Subcommittee visited General Holland this section, the Administrator, at a min- imum, shall— tion on the table. and saw many of the things that are The motion to lay on the table was (1) conduct surveillance to monitor ozone going to be on display in 106 Dirksen. agreed to. in the cabin on a representative number of There will be members of the armed flights and aircraft to determine compliance AMENDMENT NO. 899 services who worked with the unified with existing Federal Aviation Regulations Mr. BURNS. The second amendment commands, Marines, Army, Navy, Air for ozone; I have has to do with recommendations Force. Individual members of the serv- (2) collect pesticide exposure data to deter- concerning air travel agents who have ice who actually participated in Af- mine exposures of passengers and crew; been part of a report requested of the ghanistan and Iraq are there to explain (3) analyze samples of residue from aircraft Transportation Department. This is to Members of the Senate and staff ventilation ducts and filters after air quality incidents to identify the contaminants to only language that requires the De- some of the engagements they were in- partment of Transportation to rec- which passengers and crew were exposed; volved in. (4) analyze and study cabin air pressure ommend the changes they see as a re- I think every Member and members and altitude; and sult of this report. I ask it be consid- of the staff would find it very inter- (5) establish an air quality incident report- ered at this time. esting. I hope they will stop by. ing system. The PRESIDING OFFICER. The AMENDMENT NO. 916 (c) REPORT.—Not later than 30 months clerk will report. Mr. HOLLINGS. Mr. President, I send after the date of enactment of this Act, the The assistant legislative clerk read an amendment to the desk that has Administrator shall transmit to Congress a as follows: been cleared which I ask the clerk to report on the findings of the Administrator under this section. The Senator from Montana [Mr. BURNS] report. Mrs. FEINSTEIN. Mr. President, I proposes an amendment numbered 899. It is a cap on the staffing level of the rise today to introduce an amendment Transportation Security Administra- Mr. BURNS. Mr. President, I ask to improve the air quality on commer- unanimous consent that the reading of tion. The PRESIDING OFFICER. The cial aircraft. the amendment be dispensed with. In 1986, in response to a National Re- clerk will report. The PRESIDING OFFICER. Without search Council Report, the FAA took objection, it is so ordered. The assistant legislative clerk read as follows: several actions to improve aircraft The amendment is as follows: cabin air quality on flights, including (Purpose: To require the Secretary of Trans- The Senator from South Carolina [Mr. HOLLINGS] proposes an amendment numbered banning smoking on nearly all domes- portation to transmit to Congress a report tic flights. However, over 15 years on any actions that should be taken with 916. respect to recommendations made by the The amendment is as follows: later, many cabin air quality issues re- National Commission to Ensure Consumer (Purpose: To remove the staffing level limi- main and new health questions have Information and Choice in the Airline In- tation imposed on the Transportation Se- been raised by passengers and crew. dustry on travel agents) curity Administration) More recently, the National Research At the appropriate place, insert the fol- At the appropriate place, insert the fol- Council released a study of the air lowing: lowing: quality on commercial airline flights

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7812 CONGRESSIONAL RECORD — SENATE June 12, 2003 that was funded by the Federal Avia- (c) Report.—Not later than 30 months after that portion of the remittance under the pro- tion Administration. The National Re- the date of enactment of this Act, the Ad- viso that was attributable to passenger secu- search Council found that: ministrator shall transmit to Congress a re- rity fees paid or collected by that code-share There is no operational standard for port on the findings of the Administrator air carrier and taken into account in deter- mining the amount of the payment to the the ventilation of an aircraft cabin, but under this section. My amendment builds on the above United States flag air carrier. that such an operation standard should (b) DOT INSPECTOR GENERAL OVERSIGHT.— be established to ensure that passenger language by adding the following two The Inspector General of the Department of aircraft are properly ventilated; provisions: Transportation shall review the compliance Passengers have been exposed to air- Authorizes an FAA study to analyze of United States flag air carriers with sub- borne contaminants while onboard air- cabin air pressure and altitude; and section (a), including determinations of craft, and that such contaminants can Requires the FAA to establish an air amounts, determinations of eligibility of quality incident reporting system. code-share air carriers, and transfers of originate outside and inside the air- funds to such air carriers under subsection craft, and within the aircraft’s environ- Poor air quality in flight cabins (a). mental control system itself; poses a health risk for the flying public (c) CERTIFICATION.—The chief executive of- The environmental control system on and crew members who spend most of ficer of each United States flag air carrier to a passenger aircraft can become con- their working hours onboard commer- which subsection (a) applies shall certify to taminated with engine oils, hydraulic cial aircraft. Passengers should feel the Under Secretary of Homeland Security confident that they are not endan- for Border and Transportation Security, fluids, or deicing fluids and those fluid under penalty of perjury, the air carrier’s contaminants can enter the passenger gering their health when they fly, and compliance with sub-section (a). airline industry workers should not cabin through the air supply system; The PRESIDING OFFICER. If there Contaminants in the air of a pas- feel their health is threatened as they is no further debate, the question is on senger aircraft may be responsible for earn a living. I hope you will join me in agreeing to the amendment. acute and chronic health effects in supporting this legislation. And finally The amendment (No. 918) was agreed crew and passengers; I want to thank Senator MCCAIN and to. Reduced partial oxygen levels in air- OLLINGS Senator H for allowing me to AMENDMENT NO. 919 craft air may adversely affect health- introduce this amendment. Mr. HOLLINGS. Mr. President, on be- compromised passengers, particularly Mr. HOLLINGS. This has to do with half of the Senator from , Sen- those with cardiopulmonary disease; air quality of new equipment that has ator INOUYE, and the Senator from Aircraft passengers may be exposed been cleared. , Senator VOINOVICH, I send an to ozone during flight, and studies sug- I urge its adoption. amendment to the desk and ask it be gest that ozone concentrations on some The PRESIDING OFFICER. The reported. It has to do with credit cards, flights can exceed the Federal Aviation question is on agreeing to the amend- when one of the carriers is in default Administration and Environmental ment of the Senator from California. and the other carrier has to pick up or Protection Agency ozone levels; The amendment (No. 917) was agreed honor the tickets. Since there is a pe- Air that contains elevated ozone con- to. culiar situation, this is taking care of centrations is associated with airway AMENDMENT NO. 918 that situation. It has been cleared on irritation, decreased lung function, ex- Mr. HOLLINGS. On behalf of the dis- both sides. acerbation of asthma, and impairments tinguished Senator from West Virginia, The PRESIDING OFFICER. The of the immune system; Senator ROCKEFELLER, I send an clerk will report. Since carbon monoxide is an indi- amendment to the desk and ask the The assistant legislative clerk read cator of mechanical fluids contami- clerk to report. It has to do with the as follows: nating the air supply, the FAA should small carrier sharing and the war sup- The Senator from South Carolina [Mr. require aircraft to install monitors and plemental. HOLLINGS] for Mr. INOUYE and Mr. VOINOVICH, establish procedures for responding to proposes an amendment numbered 919. The PRESIDING OFFICER. The elevated levels of carbon monoxide; clerk will report. (Purpose: To clarify the criteria for air car- and riers to honor tickets for suspended serv- The FAA should establish a pas- The assistant legislative clerk read ice) senger aircraft air quality and health as follows: At the end of subtitle A of title III, insert surveillance program to determine The Senator from South Carolina [Mr. the following: compliance with existing FAA regula- HOLLINGS], for Mr. ROCKEFELLER, proposes an SEC. 305. AIR CARRIERS REQUIRED TO HONOR amendment numbered 918. tions and document health effects and TICKETS FOR SUSPENDED SERVICE. (a) IN GENERAL.—Section 145(a) of the complaints so that data is collected in Mr. HOLLINGS. Mr. President, I ask unanimous consent that the reading of Aviation and Transportation Security Act of a way that allows analysis of the rela- 2001 (49 U.S.C. 40101 note) is amended by add- tionship between health effects and air- the amendment be dispensed with. ing at the end the following: ‘‘The Secretary craft air quality. The PRESIDING OFFICER. Without of Transportation shall give favorable con- The amendment I rise to introduce objection, it is so ordered. sideration to waiving the terms and condi- today addresses several findings on The amendment is as follows: tions established by this section, including cabin air quality. It incorporates the (Purpose: To require air carriers that re- those set forth in the guidance provided by ceived a refund of passenger security fees the Department in notices, dated August 8, original House language plus two addi- 2002, November 14, 2002, and January 23, 2003, tional provisions. under title IV of the Emergency Wartime Supplemental Appropriations Act, 2003, to in cases where remaining carriers operate The House language is as follows: additional flights to accommodate pas- pass-through to their code-share partners sengers whose service was suspended, inter- (a) In General.—The Administrator of the that portion of the refund attributable to rupted, or discontinued under circumstances Federal Aviation Administration shall un- such fees collected and paid by those part- described in the preceding sentence over dertake the studies and analysis called for in ners) the report of the National Research Council routes located in isolated areas that are un- entitled ‘‘The Airliner Cabin Environment At the appropriate place, insert the fol- usually dependent on air transportation.’’. and the Health of Passengers and Crew.’’ lowing: (b) EXTENSION.—Section 145(c) of such Act (b) Required Activities.—In carrying out SEC. . PASS-THROUGH OF REFUNDED PAS- (49 U.S.C. 40101 note) is amended by striking this section, the Administrator, at a min- SENGER SECURITY FEES TO CODE- ‘‘more than’’ and all that follows through imum, shall— SHARE PARTNERS. ‘‘after’’ and inserting ‘‘more than 36 months (1) conduct surveillance to monitor ozone (a) IN GENERAL.—Within 30 days after the after’’. in the cabin on a representative number of date of enactment of this Act, each United The PRESIDING OFFICER. If there flights and aircraft to determine compliance States flag air carrier that received a pay- is no further debate on the amendment, with existing Federal Aviation Regulations ment made under the second proviso of first the question is on agreeing to the for ozone; appropriation in title IV of the Emergency Wartime Supplemental Appropriations Act, amendment. (2) collect pesticide exposure data to deter- The amendment (No. 919) was agreed mine exposures of passengers and crew; and 2003 (Pub. L. 108–011; 117 Stat. 604) shall (3) analyze samples of residue from aircraft transfer to each air carrier with which it had to. ventilation ducts and filters after air quality a code-share arrangement during the period Mr. MCCAIN. Mr. President, Senator incidents to identify the contaminants to covered by the passenger security fees remit- STEVENS is here to offer an amend- which passengers and crew were exposed. ted under that proviso an amount equal to ment.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7813 First, before that, I ask unanimous DOT’s Inspector General recently The assistant legislative clerk read consent that following the disposition identified seven factors that DOT has as follows: of the previously mentioned amend- relied on to determine whether an air- The Senator from Alaska [Ms. MURKOWSKI] ments, which we will mention in a line is effectively controlled by foreign proposes an amendment numbered 907. minute, the bill be read for the third entities. Ms. MURKOWSKI. I ask unanimous time, and further, the Senate then pro- The I.G. identified ‘‘significant con- consent that reading of the amendment ceed to the consideration of H.R. 2115, tracts’’ as one of the key factors in this be dispensed with. the House companion bill; provided fur- process. The PRESIDING OFFICER. Without ther that all after the enacting clause A DOT administrative law judge is objection, it is so ordered. be stricken and the text of S. 824, as currently considering whether this The amendment is as follows: amended, be inserted in lieu thereof; should be applied to a situation where (Purpose: To require the FAA to complete a further, that the bill then be read the 7 year guaranteed cost-plus contracts study and report regarding the feasibility third time and the Senate proceed to a that provide virtually all of a carrier’s of consolidating the Anchorage Terminal vote on passage of the bill, with no in- business are significant contracts lead- Radar Approach Control and the Anchor- age Air Route Traffic Control Center) tervening action or debate. Finally, I ing to foreign control. At the end of title II, add the following: ask unanimous consent that following Ironically, in this same proceeding SEC. 217. ANCHORAGE AIR TRAFFIC CONTROL. that vote the Senate then insist on its one carrier has argued that the effec- tive control test should not apply at all (a) IN GENERAL.—Not later than September amendment, request a conference with 30, 2004, the Administrator of the Federal the House, and that the Chair be au- because it has not been codified. Aviation Administration shall complete a thorized to appoint conferees on the My amendment will codify the exist- study and transmit a report to the appro- part of the Senate with a ratio of 5 to ing standard. It leaves the interpreta- priate committees regarding the feasibility 4. I ask unanimous consent that fol- tion of effective control up to DOT, but of consolidating the Anchorage Terminal lowing the vote, S. 824 be placed back the department can draw from its dec- Radar Approach Control and the Anchorage ades of precedents to reach these con- Air Route Traffic Control Center at the ex- on the calendar. isting Anchorage Air Route Traffic Control The PRESIDING OFFICER. Is there clusions. It is critical that DOT closely examine the effective control of this Center facility. objection? (b) APPROPRIATE COMMITTEES.—In this sec- Without objection, it is so ordered. transaction. tion, the term ‘‘appropriate committees’’ If the present arrangement is allowed Mr. MCCAIN. It is my understanding means the Committee on Commerce, the only amendments also remaining to stand, DOT will set a precedent Science, and Transportation of the Senate which allows foreign governments to are an amendment by Senator STE- and the Committee on Transportation and compete with U.S. companies for busi- Infrastructure of the House of Representa- VENS, an amendment by Senator ness which, by statute, is reserved to tives. SANTORUM, a Finance Committee amendment, and an amendment by U.S. carriers. Ms. MURKOWSKI. Mr. President, the Mr. MCCAIN. I would like to high- Senator MURKOWSKI. amendment I have sent to the desk light some changes that Senator STE- Mr. REID. And Senator HARKIN? gives the Federal Aviation Administra- VENS made to this amendment in re- Mr. MCCAIN. An amendment by Sen- tion a year to complete the study of sponse to concerns expressed by the ator HARKIN. the consolidation of the Anchorage I ask unanimous consent that no Department of Transportation. Terminal Approach Control, TRACON, Senator STEVENS changed the term amendments be considered other than with the Anchorage Air Route Traffic ‘‘effective control’’ in his amendment those I just described. Control Center at the center’s existing to ‘‘actual control’’ to more accurately The PRESIDING OFFICER. Is there facility. represent the test that DOT uses in objection? The current physical location will be these types of reviews. Mr. REID. Reserving the right to ob- facing significant demands this decade. In addition, Senator STEVENS re- ject, the subject matter of the amend- In order to expand TRACON’s current moved the limitation of ‘‘at all times’’ ments has been discussed on both sides control room, it needs to be housed in regarding the actual control test it so there are no surprises as to the sub- a larger facility. What we are asking is conform with current DOT practices. a year to give the FAA ample time to ject matter of the amendments. DOT has represented to me that The PRESIDING OFFICER. Without complete this study while the Ted Ste- these changes accurately reflect the vens International Airport is under- objection, it is so ordered. current state of law regarding citizen- The Senator from Alaska. going expansion. ship and assures me that this amend- I urge the adoption of the amend- AMENDMENT NO. 920 ment will not in any way affect their ment. (Purpose: To codify the requirement that determination of what constitutes a The PRESIDING OFFICER. Is there United States air carriers be effectively citizen of the United States. further debate on the amendment? controlled by United States citizens) I would not have agreed to this If not, the question is on agreeing to Mr. STEVENS. I send an amendment amendment without these changes and the amendment. to the desk and ask for its immediate an understanding that this is simply a The amendment (No. 907) was agreed consideration. reflection of current law. The terms to. The PRESIDING OFFICER. The that I have agreed to will not be al- The PRESIDING OFFICER. The Sen- clerk will report. tered in conference. ator from Arizona. The assistant legislative clerk read The PRESIDING OFFICER. The Mr. MCCAIN. Mr. President, as far as as follows: question is on agreeing to the amend- I can see, we are waiting for Senator The Senator from Alaska [Mr. STEVENS] ment. SANTORUM, who has a pending amend- proposes an amendment numbered 920: The amendment (No. 920) was agreed ment, according to the unanimous con- At the end of title V, insert the following: to. sent agreement. Then there will be a SEC. 521. AIR CARRIER CITIZENSHIP. Mr. STEVENS. Mr. President, I move Finance Committee amendment after Section 40102(a)(15)(C) of title 49, United to reconsider the vote. the disposition of that amendment. States Code is amended by inserting ‘‘which Mr. LOTT. I move to lay that motion I suggest the absence of a quorum. is under the actual control of citizens of the on the table. The PRESIDING OFFICER. The United States,’’ before ‘‘and in which’’. The motion to lay on the table was clerk will call the roll. Mr. STEVENS. Mr. President, my agreed to. The senior assistant bill clerk pro- amendment codifies the existing re- AMENDMENT NO. 907 ceeded to call the roll. quirement that U.S. air carriers be ef- The PRESIDING OFFICER. The Sen- Mr. MCCAIN. Mr. President, I ask fectively controlled by U.S. citizens. It ator from Alaska. unanimous consent that the order for will ensure reciprocity with countries Ms. MURKOWSKI. Mr. President, I the quorum call be rescinded. in the European Union which codified a send an amendment to the desk and The PRESIDING OFFICER. Without comparable requirement. ask for its immediate consideration. objection, it is so ordered. The United States has enforced an ef- The PRESIDING OFFICER. The Mr. MCCAIN. Mr. President, I ask fective control standard for decades. clerk will report. unanimous consent that the Santorum

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7814 CONGRESSIONAL RECORD — SENATE June 12, 2003 amendment be withheld at this time. many of the airports only used by gen- Code of 1986 is amended by striking ‘‘October That will leave us with the Harkin eral aviation, that is nonscheduled pri- 1, 2003’’ and inserting ‘‘October 1, 2006’’. amendment, to my understanding. vate aircraft so important to the effi- Mr. MCCAIN. This is an amendment The PRESIDING OFFICER. Is there cient operation of businesses across our on behalf of the Finance Committee to objection? nation. make sure all authorizations here are Without objection, it is so ordered. Chicago’s Meigs Field was included in line with the jurisdiction and proper Mr. MCCAIN. Mr. President, I suggest in this integrated system of airports authorization responsibilities of the Fi- the absence of a quorum. until it was dug up in the middle of the nance Committee. I urge its adoption. The PRESIDING OFFICER. The night with no notice on March 30, leav- Mr. President, I urge adoption of the clerk will call the roll. ing a number of airplanes trapped at amendment. The senior assistant bill clerk pro- the unusable facility. The city govern- The PRESIDING OFFICER. The ceeded to call the roll. ment made a unilateral decision to question is on agreeing to the amend- Mr. HOLLINGS. Mr. President, I ask shut down the airport by bulldozing ment. unanimous consent that the order for the landing strips, runaway, and The amendment (No. 922) was agreed the quorum call be rescinded. taxiways. That action by the city was to. The PRESIDING OFFICER. Without dangerous and at least one aircraft car- REAGAN NATIONAL AIRPORT objection, it is so ordered. rying State employees had to be turned Mr. ALLEN. Mr. President, I rise away from the airport since notifica- AMENDMENT NO. 921 today to speak to an issue of great im- tion that the airport was now closed Mr. HOLLINGS. Mr. President, on be- portance to the people of the Common- had not been provided in advance. half of the distinguished Senator from wealth of Virginia, the operations at Iowa, Mr. HARKIN, I send the amend- I do not dispute that it is within the purview of a local government or other two airports important to all Senators, ment to the desk and ask it be re- and to the issue of local control. ported. operator evaluate the infrastructure needs of an area and move to close an I support the managers’ amendment The assistant legislative clerk read and the legislation before the Senate as follows: airport. But, I do believe that they need to give reasonable notice of that today. This is an important bill. I was The Senator from South Carolina [Mr. very concerned when this bill passed HOLLINGS], for Mr. HARKIN, for himself, Mr. intention. I would also note that al- most every airport on the NPIAS sys- the Senate Commerce Committee with INHOFE, and Mr. GRASSLEY, proposes an an amendment that increased the num- amendment numbered 921. tem has received FAA funding for fa- ber of flights at Reagan National Air- Mr. HOLLINGS. I ask unanimous cilities and equipment. This provision is not retroactive and port by 12. Those flights were des- consent that reading of the amendment ignated to fly beyond the so-called ‘‘pe- be dispensed with. would not affect the city of Chicago for the closure of Meigs Field. rimeter’’—a rule that restricts the The PRESIDING OFFICER. Without length of flights at Reagan National to objection, it is so ordered. I urge adoption of the amendment. The PRESIDING OFFICER. Is there a maximum 1,250 miles. The amendment is as follows: further debate on the amendment? Through the managers’ amendment (Purpose: To impose a civil penalty for the If not, the question is on agreeing to today, the language increasing flights closure of an airport without sufficient no- at Reagan National has been dropped. I tice) the amendment. The amendment (No. 921) was agreed appreciate the chairman of the Com- At the end of title II, insert the following: to. merce Committee’s willingness to work SEC. 217. CIVIL PENALTY FOR CLOSURE OF AN AMENDMENT NO 922 with me to see that this provision was AIRPORT WITHOUT PROVIDING SUF- . FICIENT NOTICE. The PRESIDING OFFICER. The Sen- not included in the final bill on the (a) IN GENERAL.—Chapter 463 is amended ator from Arizona. Senate floor. by adding at the end the following: Mr. MCCAIN. Mr. President, I propose I have several very serious concerns ‘‘SEC. 46319. CLOSURE OF AN AIRPORT WITHOUT an amendment on behalf of Mr. GRASS- about congress increasing the number PROVIDING SUFFICIENT NOTICE. LEY and Mr. BAUCUS and others. I ask of flights beyond the perimeter at Na- ‘‘(a) PROHIBITION.—A public agency (as de- for its immediate consideration. I send tional Airport, all of which were de- fined in section 47102) may not close an air- the amendment to the desk. tailed in a letter I submitted to the port listed in the national plan of integrated The senior assistant bill clerk read as majority leader on May 9, 2003. airport systems under section 47103 without providing written notice to the Adminis- follows: There is a critical principle at stake trator of the Federal Aviation Administra- The Senator from Arizona [Mr. MCCAIN], here that cannot be overlooked by the tion at least 30 days before the date of the for Mr. GRASSLEY, for himself and Mr. BAU- Senate. The right of the people of Vir- closure. CUS, proposes an amendment numbered 922. ginia to decide what is best for their ‘‘(b) PUBLICATION OF NOTICE.—The Admin- Mr. REID. I ask unanimous consent communities without unwarranted istrator shall publish each notice received that reading of the amendment be dis- Federal intrusion is at stake here. The under subsection (a) in the Federal Register. pensed with. responsibility for operating the air- ‘‘(c) CIVIL PENALTY.—A public agency vio- The PRESIDING OFFICER. Without ports at Reagan National and Dulles is lating subsection (a) shall be liable for a objection, it is so ordered. up to the local and regional airport au- civil penalty of $10,000 for each day that the The amendment is as follows: airport remains closed without having given thority, not Congress. Yet each time the notice required by this section.’’. (Purpose: To extend the Airport and Airway this body considers FAA reauthoriza- (b) CONFORMING AMENDMENT.—The analysis Trust Fund expenditure authority) tion, we must revisit attempts at Fed- for chapter 463 is amended by adding at the On page 209, after line 13, add the fol- eral intrusion on an issue of local con- end the following: lowing: trol. There is an extremely delicate ‘‘46319. Closure of an airport without pro- TITLE VII—EXTENSION OF AIRPORT AND balance between how Reagan National viding sufficient note.’’. AIRWAY TRUST FUND EXPENDITURE AU- is designed to operate in conjunction Mr. HOLLINGS. Mr. President, this THORITY with the international hub at Dulles has to do with the notice, the 60-day SEC. 701. EXTENSION OF EXPENDITURE AUTHOR- Airport. Congressional intervention, ITY. notice of the closing of an airport. It (a) IN GENERAL.—Paragraph (1) of section even in the form of a few more flights, has been cleared on both sides. I think. 9502(d) of the Internal Revenue Code of 1986 disrupts that balance and creates a Mr. HARKIN. Mr. President, I offer (relating to expenditures from Airport and slippery slope that undermines this re- an amendment with Senators INHOFE Airway Trust Fund) is amended— gion’s ability to determine for itself and GRASSLEY that simply requires (1) by striking ‘‘October 1, 2003’’ and insert- what is in our own best interests. that an airport on the National Plan of ing ‘‘October 1, 2006’’, and I believe that a permanent solution Integrated Airport Systems, (NPIAS), (2) by inserting before the semicolon at the to this continual Federal intrusion end of subparagraph (A) the following: ‘‘or cannot be closed down without giving the Aviation Investment and Revitalization into local affairs needs to be found. The the FAA 30 days’ notice. Vision Act’’. Senate and House of Representatives That list includes over 3,000 airports (b) CONFORMING AMENDMENT.—Paragraph should strengthen the mandate we including all commercial airports and (2) of section 9502(f) of the Internal Revenue have already given to the local airport

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7815 authority to make decisions on wheth- West Virginia, who are trying to reach chairman on the Commerce Com- er to increase flights at Reagan Na- the capital region. Obviously, however, mittee, Senator MCCAIN, and Senator tional or not, especially with respect to it can never become an international HOLLINGS, the ranking member. flying beyond the perimeter. hub. The airport has only one runway This legislation reaffirms our Gov- Mr. HOLLINGS. Will the Senator and no ability to expand. National Air- ernment’s critical commitment to a yield? port serves a good and valuable pur- safe, efficient, and state-of-the-art air- Mr. ALLEN. I would be glad to yield pose. My greatest concern is that by line system for the 21st century—a to the Senator from South Carolina. changing National Airport, Congress commitment that is crucially impor- Mr. HOLLINGS. I thank the Senator. will hurt this area’s ability to serve tant to my home State. As you know, I voted against this small- and medium-sized communities The Seattle-Tacoma International amendment when it came before the on the east coast, including my home Airport is the principal airport for the Senate Commerce Committee. I agree State, West Virginia. The slot rule and Northwest region, making it the Na- with the Senator from Virginia that we perimeter rule were put in place at Na- tion’s 16th largest passenger airport, should not change the slot rules at Na- tional Airport to maintain its impor- with over 26.5 million passengers annu- tional whatsoever. It is foolhardy and tant function while at the same time ally on almost 40 different airlines is bad aviation policy. We should not allowing the DC area to create a major going in and out of the Seattle-Tacoma change the rules just because of poli- international hub serving both Europe airport. tics. They have served the local com- and South America. I would look for- Washington State is also the home to munity well, enabling the expansion of ward to working with the chairman of the ninth largest airline in the coun- Dulles while protecting those that live the Senate Commerce Committee, the try, , which employs near the airport. Short hauls leave ranking member Senator HOLLINGS and over 10,000 people and is one of the few from National, and long hauls from Senators ALLEN and WARNER to find a airlines in the country actually posting Dulles. We may not like to drive all the permanent solution to this issue. I growth rates over the last few years. In way out to Dulles, but we built, with yield back to the Senator from Vir- addition, Alaska is nationally recog- Federal airport grant moneys, that ginia. nized for its leadership to incorporate highway dedicated to access to Dulles. Mr. ALLEN. I thank the Senator technology into its business model. We used the law to plan for growth. We from West Virginia and appreciate his As the proud home of Boeing’s com- should not change it now at the behest support. mercial aviation division, Washington of some. I yield back to the Senator Mr. WARNER. Will the Senator State leads the Nation in large civil from Virginia. yield? aircraft manufacturing. Mr. ALLEN. I thank the Senator Mr. ALLEN. I yield to the senior With Boeing and hundreds of smaller from South Carolina. Senator from Virginia. businesses in aerospace and aviation, Mr. ROCKEFELLER. Will the Sen- Mr. WARNER. I thank the Senator. we have over 75,000 workers designing ator yield time? Let me just say that I associate myself and manufacturing the present and fu- Mr. ALLEN. I yield time to the Sen- with the remarks of Senator ALLEN. ture of U.S. aircraft industry. ator from West Virginia. Three years ago, during debate over Obviously, a solid, well functioning, Mr. ROCKEFELLER. I thank the this same bill, I stood on the floor of state-of-the-art national air traffic sys- Senator. Mr. President, I also rise in the Senate and fought this battle. I tem and a strong domestic aircraft support of the managers’ amendment, hope that we are not doing this again a manufacturing capability are critical and particularly for dropping the provi- few years down the road. I understand to my State and our Nation. sion on adding long-haul flights at Na- that despite the best efforts of counter- I am proud to say that this bipar- tional Airport. The current aviation parts in the House, Congressmen WOLF, tisan legislation takes tremendous system, as it has evolved, is an intri- DAVIS, MORAN and Delegate NORTON, steps towards this goal in several ways. cately connected web of hubs, spokes, the House of Representatives has un- First, this bill increases funding for and direct flights. Some airlines thrive fortunately approved an FAA reauthor- airport infrastructure investments on the hub and spoke network, and ization bill that would increase flights that will help our Nation’s airports some derive the ability to operate by at Reagan National by 12 slots beyond make the improvements, upgrades and flying directly between communities. the perimeter and 8 slots within the pe- expansions necessary to meet our Na- However, I want to make clear a point rimeter. I thank my colleague from tion’s airline demands in the 21st cen- on why it is so important that we Virginia and join him in agreeing to tury. maintain this balance between Na- work with the Commerce Committee The bill also increases the funding tional Airport and Dulles Airport that chairman and ranking member to see that will be used to upgrade the FAA was maintained by Congress in 1987, that this issue is resolved once and for air traffic control system, to ensure when we leased the facilities to the all at Reagan National Airport. I yield that our traffic controllers are given Metropolitan Washington Airports Au- back to my friend from Virginia. the resources they need to continue thority. The slot rules have been in Mr. ALLEN. I appreciate the Sen- getting planes where they need to go— place since 1968 and should not be ator’s comments. In sum, let me just in the safest and most efficient man- changed now. say that this issue is very important to ner. When the Interstate Highway System the people of the Commonwealth of In addition, this bill addresses a crit- was developed in the 1950s, many com- Virginia. We have a long and proud tra- ical resource need facing our Nation’s munities located in the path of the new dition of protecting our interests and airports since 9/11 increased security interstates suddenly prospered by our ability to govern our own actions. updates. The legislation not only pro- being directly connected to the rest of I fought those battles every step of the vides $500 million in funding for secu- the Nation. Communities that were way in my public life—from my service rity enhancements, but it ensures that once sound economic entities, but were in the Virginia House of Delegates this funding is not taken from the air- left miles from any access to the inter- until now. It is my responsibility as an port trust fund money that is already state system suffered, shuttered their elected official of the Commonwealth committed to make important struc- doors and many times just barely sur- of Virginia to adhere to principles, tural upgrades and airport improve- vived. The same is true in the aviation fight for the will of Virginia, and pro- ments. system. Not every community in this tect the sovereignty of our people and Last, in what I think is one of the country can maintain an airport. Not their rights. I yield back the remainder most important contributions of this every community can enjoy the eco- of my time. bill, the legislation includes a dramatic nomic benefits of a hub. But hub eco- Ms. CANTWELL. Mr. President, I expansion in our Nation’s commitment nomics dictate that feed from small- rise this afternoon to strongly support to aviation research and safety. and medium-sized communities is nec- the Aviation Investment and Revital- Mr. President, a renewed commit- essary for them to survive. ization Vision Act. ment to research and development in National Airport is an important I want to first applaud the tremen- the aerospace industry is absolutely asset for those, like my constituents in dous leadership on this bill from my necessary—and we need it now.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7816 CONGRESSIONAL RECORD — SENATE June 12, 2003 The Final Report of the Commission Composites not only make for acting this legislation before the end of on the Future of the United States stronger, safer materials but also light- this fiscal year. If airports are going to Aerospace Industry argued that cur- er and more efficient aircraft. plan for the future, Congress must rent Federal aerospace R&D is ‘‘insuffi- Already, the Boeing Company has in- avoid being forced into passing a series cient and unfocused’’ and recommended creased its use of composites in the of stopgap measures that make such in the Federal Government signifi- production of the 777 and Airbus is also planning difficult. cantly increase its investment in aero- using composites in its planes. Addi- This legislation addresses the most space research to foster an efficient, tionally, Boeing has plans for even critical component of FAA reauthor- secure, and safe aerospace transpor- greater use in the production of the ization—how to finance the operation tation system. next generation of commercial air- and development of the nearly 3,500 air- We must clearly recognize that if we planes. ports eligible for Federal assistance. S. are not willing to make the commit- In addition to authorizing funds for 824 authorizes a total of $10.5 billion ments to retain leadership in this general research in advanced mate- over 3 years for the Airport Improve- realm, our allies on the other side of rials, this legislation would direct the ment Program, AIP, a critical program the Atlantic certainly are willing to FAA Administrator to establish a that funds airport safety and capacity take our place—in fact, this effort has ‘‘Center for Excellence’’ that would projects, among other programs. Addi- become European policy. harness the great engineering research tionally, this bill authorizes $23.2 bil- Indeed, the European Commission in materials science at path-breaking lion for FAA operations through fiscal has declared in its ‘‘STAR–21’’ report institutions like the University of year 2006. that it is willing to explore ‘‘all avail- Washington, which has taken great At the same time we address the able means’’ to ensure the competitive- strides in pursuing work on how to ad- overall aviation funding challenges, I ness of the European aerospace sec- vance the maintainability and dura- am pleased that this bill takes on the tor—including Airbus. bility of advanced materials and com- individual issues that go to the heart This support to the European aero- posites in large civilian aircraft. of securing commercial aviation space sector comes in the form of sub- While we know that these materials against another terrorist attack. In- stantial research and development, but hold tremendous potential, we need to stalling Explosives Detection System, also in direct product development be absolutely sure that they are safe EDS, machines into airports is a neces- grants, concessionary financing, and and that we have the technologies and sity that we must grapple with and is other direct subsidies. processes necessary to maintain the part of a broader debate on the appro- While we have chosen, as a matter of materials and ensure their durability. priate level of AIP funding that should Government policy, not to pursue such Such a center, which I have drafted go towards security-related projects. direct subsidies or provide assistance in partnership with the University of During fiscal year 2002, airports used for product development, we have been Washington’s Department of Engineer- over $561 million, or 17 percent of all of able to help the research and develop- ing, would address these issues by fa- AIP funds, for security projects—this ment effort through a variety of re- cilitating close, working collaboration compared with an annual average of search programs that both of your among industry, the FAA’s Transpor- less than 2 percent through fiscal year agencies have pursued. tation Division, and academic institu- 2001. As such, it is encouraging that S. It is time for the United States to re- tions, to ensure that research matches 824 creates an annual $500 million Avia- inforce our Nation’s place as a leader the practical manufacturing needs. tion Security Capital Fund to help air- in the aerospace sector—an industry is This center will advance efforts to ports cope with post-9/11 security re- an absolutely crucial component of our capitalize on the potential of this field. quirements like EDS installation. domestic industrial base. In closing, Mr. President, as a gov- Funding for this capital fund would For this reason, I am very proud that ernment, we need to step up to the come out of the security fees currently this bill includes provisions originally plate to ensure that our aerospace in- levied by the Transportation Security introduced by Senator HOLLINGS, that dustry remains competitive and capa- Administration, TSA, and not AIP would establish an Office of Aerospace ble of leading the world toward the fu- grant funding. and Aviation Liaison in the Depart- ture for aerospace. S. 824 would also extend the Govern- ment of Transportation that will draw This bill takes an important step in ment’s authority to issue war-risk in- upon staff from FAA, NASA, DHS, affirming our Nation’s leadership in surance through fiscal year 2006, which DOD, DOC, and other appropriate agen- the areas of safety, research, infra- would save the airlines more than $800 cies to coordinate Federal research structure, and security, and I am proud million annually. The recently enacted programs, as well as establish goals to support it. fiscal year 2003 Iraq supplemental bill and priorities for research. Mrs. BOXER. Mr. President, I rise authorized a 1-year extension of the Such an office will be well equipped today in support of the FAA Authoriza- program—through the end of fiscal to meet the challenge of the Aerospace tion Act. However, I must express my year 2004—but by extending it through Commission and bring direction and serious concerns that two sections in 2006, we can provide a small measure of coordination to our Federal support for the bill on streamlining, sections 47701 financial stability to the airlines and long-term research and innovation. and 47703, may be interpreted in a man- not have to keep coming back every 6 In addition, this bill authorizes al- ner that the committee never intended. months to revisit the issue. most $3 billion over the next 3 years for The purpose of these sections is to cure To try to improve FAA management, FAA and NASA research priorities. delays that have occurred because of S. 824 establishes a committee of out- This is a dramatic expansion of the re- interagency wrangling and bureau- side experts to oversee the operation search agenda, almost five times more cratic disputes. These sections call for and modernization of the air traffic than previously authorized funding— the relevant agencies to undertake control system—which has tripled in previous authorization was approxi- concurrent planning and environ- cost to an estimated $7.6 billion since mately $600 million over 3 years. mental reviews for critical airport 1996. This bill also contains provisions As part of these research provisions, projects in order to ensure that the designed to expedite the process for I am particularly proud to have worked projects move forward expeditiously. construction of airport capacity and with the committee to include funding They are not designed to circumvent safety projects, by allowing DOT to and authority for future work on the NEPA and should be so used. designate certain airport expansion durability and maintainability of ad- Ms. SNOWE. Mr. President, I rise proposals as National Capacity vanced materials, such as composites. today in support of the Senate’s Fed- Projects, which would receive dedi- These next generation materials have eral Aviation Administration, FAA, re- cated resources and expedited proce- been called the aluminum of the fu- authorization bill, S. 824, the Aviation dures for environmental reviews. This ture. Indeed, given their strength, du- Investment and Revitalization Vision provision is intended to address the rability, lightweight and unique prop- Act. Further, I share Senate Commerce fact that, as the General Accounting erties, composites are currently used in Committee Chairman MCCAIN’s and Office, GAO, has reported, it takes any- most major defense aircraft. Ranking Member HOLLINGS’ goal of en- where between 10 and 14 years for new

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7817 runways to be built—and this has an provide up to 25 percent matching con- It is critical to our Nation’s long-term adverse effect on efforts to increase the tributions to keep their air service. economic growth. It is also vitally im- aviation system’s capacity. The committee bill creates a number of portant to the economic future of As we consider this bill, I want to new programs to help EAS commu- countless small and local communities turn to the issue of small community nities grow their ridership, including a that are linked to the rest of the na- air service. As we work to address the marketing incentive program that tion and world through aviation. larger aviation issues, we cannot forget would financially reward EAS towns The significance of aviation to our the challenges that small communities for achieving ridership goals. With re- economy cannot be overstated. Over 10 in Maine, and throughout the Nation, gard to local cost-sharing—the center- million people are employed directly in face in attracting and retaining air piece of the administration’s EAS pro- the aviation industry. For every job in service. I have always believed that posal—the Commerce bill would create the aviation industry, 15 related jobs adequate, reliable air service in our a pilot program to allow for a 10 per- are produced. The aviation industry ac- Nation’s rural areas is not simply a cent annual community match at no counts for over $800 billion of our gross luxury or a convenience. It is an imper- more than 10 airports within 100 miles domestic product. ative. And quite frankly, I have serious of a large airport. The growth of the modern aviation concerns about the impact deregula- While the cost-sharing provisions in system has created vast economic effi- tion of the airline industry has had on the committee bill are much less strict ciencies such as just in time delivery, small- and medium-sized cities in rural than the administration proposal, and allowed the air cargo industry to grow areas, like Maine. The fact is, since de- could only be applied to an EAS com- exponentially, and has opened up the regulation, many of these commu- munity under certain specific condi- world to millions of Americans. nities, in Maine and elsewhere, have tions, I remain concerned about the Just as the aviation industry is a cat- experienced a decrease in flights and concept of requiring EAS towns—some alyst of growth for the national econ- size of aircraft while seeing an increase of which are cash strapped and eco- omy, airports are a catalyst of growth in fares. More than 300 have lost air nomically depressed—from kicking in for their local communities. Airports service altogether. hundreds of thousands of dollars annu- create over $500 billion in economic ac- Many air carriers are experiencing an ally to keep their air service. For ex- tivity and directly employ 1.9 million unprecedented financial crisis, and the ample, if Augusta or Rockland, ME, people. Almost 2 million people and first routes on the chopping block will were to be chosen for the cost-sharing 38,000 tons of cargo pass through our be those to small- and medium-sized pilot program, they would have to nation’s airports each day. In my State communities. This will only increase come up with over $120,000 annually to of West Virginia, aviation represents demand for the two existing Federal retain their air service. $3.4 billion of the State’s gross domes- forms of assistance, Essential Air Serv- As such, I strongly supported Senator tic product and directly and indirectly ice and the Small Community Air BINGAMAN’s amendments to strike the employs over 51,000 people. Service Grant Program. cost-sharing section from the bill and Aviation also links our Nation’s Given the challenge faced by small am pleased that it has been approved. small and rural citizens and commu- communities in retaining their exist- The EAS program is not perfect, and nities to the national and world mar- ing air service, I was pleased that, dur- Congress certainly need to do all we ketplace. My home State of West Vir- ing our May 1 markup, the Commerce can to keep subsidy levels as low as ginia has been able to attract firms Committee unanimously accepted two possible. I look forward to working from Asia and Europe because of reli- amendments I authored to address this with members of the Commerce Com- able access to their West Virginia in- issue. The first amendment would cre- mittee and the Senate on the issue, but vestments. ate a new Small Community Air Serv- I believe that requiring cost sharing in Without access to an integrated air ice Ombudsman within DOT. The om- today’s aviation environment is clearly transportation network, small commu- budsman’s mission would be to work a wrong headed approach. nities can not attract the investment In short, when considering this legis- with carriers and communities to de- necessary to grow or allow home grown lation, I believe that we need do all we velop air service. This provision is in- businesses to expand. A modern and can to help small communities main- tended to give small communities a adequately funded network is funda- tain their access to the national trans- seat at the table as DOT crafts na- mental to making sure that all Ameri- portation system during these difficult tional air transportation policy. cans can participate in the economy. times. The second amendment approved by Mr. President, in conclusion, I am No question exists that since the the committee creates a National Com- hopeful that my colleagues will join tragedy of September 11, aviation in mission on Small Community Air Serv- me in taking this step toward strength- this country has been permanently ice. The 9-member commission would ening and improving Federal aviation changed. report back to Congress after 2 years to policy today. S. 824 enhances the Fed- When the Senate debated the last describe the problems faced by small eral investment in our Nation’s avia- FAA reauthorization bill, capacity and communities with regard to access to tion system, and the funding in the bill competition issues were at the fore- commercial air service and suggest leg- is critical to the development of Amer- front of that debate. We have seen a de- islative solutions. I believe that, given ica’s airports, big and small. Further- crease in the demand for air travel, the complexity of the issue, having all more, quick passage of this 3-year leg- hundreds of thousand of aerospace and of the stakeholders sit down and con- islation is key to allow airports to plan aviation employees have lost their jobs sider what can and can’t be done will for the future. As such, I am pleased to and the economic pain has rippled be extremely helpful as Congress exer- support it. through the economy. We will not have cises its aviation oversight authority. Mr. ROCKEFELLER. Mr. President, I an economic recovery in this country I also wanted to address the Essen- am pleased to join my friend and col- until we have a recovery in the avia- tial Air Service, EAS, provisions in the league, the Senator from Arizona, to tion industry. bill. EAS provides subsidized air serv- bring before you S. 824, the Aviation Even though these issues seem less ice to 125 small communities in the Investment and Revitalization Vision important today, they will again be- country—including 4 in Maine—that Act, which reauthorizes the Federal come serious challenges for the indus- would otherwise be cut off from the Na- Aviation Administration (FAA) and its try. In the drive to expand our aviation tion’s air transportation network. As programs for the next 3 years. infrastructure to meet future needs, approved by the committee, S. 824 re- The reauthorization of the FAA is a the resources for aviation security will authorized and flat-funds the program vitally important piece of legislation also have to increase. More passenger for 3 years, and includes certain that the Senate must pass this year. It and cargo will add strains to aviation changes to the program, which are is the first real economic stimulus bill security. drastically scaled back from what the that the Senate has considered this Now is the time to make the invest- administration proposed earlier this year. ments in air traffic modernization and year for EAS ‘‘reform.’’ The adminis- I cannot emphasize the importance of airport development and research. tration had called for EAS towns to a vibrant and strong aviation industry. Aviation security must be ready to

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7818 CONGRESSIONAL RECORD — SENATE June 12, 2003 handle the future growth that will Even in these difficult budgetary them develop new and innovative solu- occur. We must also continue to de- times, we were able to modestly in- tions to increasing local demand for air velop new aviation security processes crease the Airport Improvement Pro- service. The EAS Marketing and Com- and technologies to meet future chal- gram funding, which will provide the munity Flexibility Programs would lenges. economy a real stimulus through di- provide communities new resources The legislation before us builds upon rect and indirect job creation. Airport and tools to implement locally devel- our commitment to improving the development is economic development oped plans to improve their air service. aviation infrastructure of the nation as airports are economic development By providing communities the ability that started with the landmark Avia- for their local communities. It is esti- to design their own service proposals, a tion Investment and Reform Act for mated that U.S. Airports are respon- community has the ability to develop a the 21st Century. I believe that this sible for nearly $507 billion each year in plan that meets its locally determined legislation meets the challenges facing total economic activity nationwide. In- needs, improves air service choices, the FAA and the aviation industry in vestment in airport infrastructure is a and gives the community a greater the years ahead. real economic stimulus that creates stake in the EAS program. This bill focuses on improving our both immediate jobs and long-term Small and rural communities are the nation’s aviation safety and security, economic development. first to bear the brunt of bad economic airport and air service development, In order to facilitate airport develop- times and the last to see the benefits of and aeronautical research. While my ment, I am pleased that this bill in- good times. The general economic distinguished colleague has provided an cludes much of the text of the legisla- downturn and the dire straits of the excellent overview of the bill, I would tion that Senator HUTCHISON and I aviation industry have placed excep- like to highlight some areas of the bill worked on last Congress to streamline tional burdens on air service to our that I believe are particularly impor- and expedite the airport development most isolated communities. The Fed- tant. process. This country needs to expand eral Government must provide addi- In this bill, we have created a stable its airport infrastructure. Without a tional resources and tools for small stream of funding for security upgrades substantial increase in this area, avia- communities to help themselves at- at our Nation’s airports. Not only will tion delays would increase resulting in tract adequate air service. The Federal these funds allow airports to improve billions of dollars of costs to the econ- Government must make sure that our security they will allow airports to im- omy. most vulnerable towns and cities are prove the efficiency of these security Today, we also meet the challenge of linked to the rest of the nation. This measures. making sure our small and rural com- legislation authorizes the tools and re- In addition, the legislation provides munities have access to the nation’s sources necessary to attract air serv- for increases in funding for airport air transportation network. I am very ice, related economic development, and safety and capacity projects, which are concerned that air carriers have aban- most importantly expand their connec- a true economic stimulus. doned small and rural markets dis- tions to the national and global econ- I am very proud that the bill expands proportionately when reducing their omy. upon our commitment to making sure service levels. We cannot let these This bill meets the challenges facing small and rural communities have ac- communities go without adequate and our aviation system—increasing secu- cess to air transportation services. affordable air service—their future de- rity, expanding airport safety and ca- Finally, we have authorized a signifi- pends upon it. pacity, and making sure our smallest cant increase in aeronautical and avia- I am enormously pleased that the bill communities have access to the net- tion research in order to preserve extends and expands the Small Com- work. We can all be proud of this bill. America’s leadership in these indus- munity Air Service Development Pro- Finally, I would like to again thank tries. gram, which I fought for in AIR 21. One Senator MCCAIN, Senator LOTT, and No higher goal exists than the safety hundred forty communities applied for Senator HOLLINGS for all their hard and security of the Nation’s airports 40 available grants under this initia- work and commitment to developing and airspace. Over the past 18 months, tive. This program has assisted these 40 and securing passage of this legisla- we have worked every day to improve communities, including Charleston, tion. security in our airports and on our air- WV, in attracting new air service. This Mr. MCCAIN. Mr. President, I under- planes. However, until this bill, we program has proven an innovative and stand we are waiting for the possibility have fallen short on providing funding flexible tool for communities to ad- of one other amendment. Other than to make sure our Nation’s airports dress air service needs. Under our legis- that, we will be prepared, at the discre- have the resources available to make lation, another 120 communities will be tion of the leaders, to vote on the sec- the required improvements. able to participate. ond-degree amendment to the Specter Airports estimate that they have $3 Many of our most isolated and vul- amendment, and then we would be pre- billion in unmet security infrastruc- nerable communities whose only serv- pared to go to final passage. ture needs. The administration’s ice is through the Essential Air Service In anticipation of that, I would like Homeland Security proposal did not in- Program have indicated that they to thank all who have been involved clude any provisions to address this would like to develop innovative and with this legislation, and specifically huge need. Airports have been forced to flexible programs similar to those com- my dear friend from South Carolina. tap their expansion and development munities who received Small Commu- He and I have worked side by side for funds to pay for security. It makes no nity Air Service Development grants to many years on many issues that have sense to raid funds for safety improve- improve the quality of their air serv- come before the Commerce Committee. ments for security improvements. The ice. I thank him for his usual extreme cour- security of our Nation is a Federal re- It is for this reason that I, along with tesy, consideration, and efficiency. sponsibility and the Federal Govern- Senator LOTT, developed the Small I thank the staff on both sides for ment must pay for it. Community and Rural Air Service Re- their excellent work. One of the most important provisions vitalization Act of 2003, which has been Also, I thank Senators LOTT and in this bill is the creation of a $500 mil- included in this legislation. The legis- ROCKEFELLER who really did the hard lion fund, financed by security fees es- lation reauthorizes the Essential Air labor in bringing this legislation to the tablished by the Aviation and Trans- Service (EAS) program and creates a floor of the Senate. Senator ROCKE- portation Security Act to assist air- series of new innovative pilot programs FELLER and Senator LOTT worked as- ports with capital security costs. This for EAS communities to participate in siduously during numerous hearings new fund will also stop the diversion of to stimulate passenger demand for air with a full appreciation and under- airport development funds meant for service in their communities. standing of the impact this legislation safety and capacity enhancements. We Under the bill, communities are has on the United States of America. I will be able to pay for new security re- given the option on continuing their thank all of them. quirements while simultaneously im- EAS as is or they may apply to partici- Again, I thank our loyal staff for all proving safety and expanding capacity. pate in new incentive programs to help the great work they have done.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 12, 2003 CONGRESSIONAL RECORD — SENATE S7819 I look forward to swift passage of (Purpose: To amend section 41703 of title 49, We are losing U.S. jobs to foreign this legislation. United States Code, to support the United countries because of it. I yield the floor. States presence in the global air cargo in- This amendment will reverse that de- dustry) Mr. HOLLINGS. Mr. President, let cline. At the end of title V, add the following new me also thank the distinguished chair- American carriers, both cargo car- section: riers and passenger carriers, which ac- man of our committee who has led the SEC. 521. UNITED STATES PRESENCE IN GLOBAL fight on the floor today. He did a most AIR CARGO INDUSTRY. cept cargo will make use of this efficient job. Section 41703 is amended by adding at the amendment in various ways: relocation With respect to, of course, Senator end the following new subsection: of sort and transfer operations from ‘‘(e) CARGO IN ALASKA.— LOTT and Senator ROCKEFELLER of the Asia back to the United States; en- ‘‘(1) IN GENERAL.—For the purposes of sub- Subcommittee on Aviation of the Com- hanced service to U.S., Asian, and Eu- section (c), eligible cargo taken on or off any ropean cities; increased opportunities merce Committee, they are the ones aircraft at a place in Alaska in the course of who did the lion’s share of the work transportation of that cargo by any com- for integrated logistics products sold with the hearings and preparing us so bination of 2 or more air carriers or foreign by U.S. companies; more opportunities that we could handle this with expedi- air carriers in either direction between a to strengthen U.S. carriers through tion today. place in the United States and a place out- international partnering. I thank staff on both sides. side the United States shall not be deemed to This requires a narrow modification have broken its international journey in, be of title 49. Let me add this for my good friend, taken on in, or be destined for Alaska. My amendment does not create more the Senator from Mississippi. I happen ‘‘(2) ELIGIBLE CARGO.—For purposes of flights by foreign carriers. It does not to favor the Specter amendment for paragraph (1), the term ‘eligible cargo’ reduce the number of flights flown by the simple reason that I cannot under- means cargo transported between Alaska and U.S. carriers. All cargo moving under stand the Federal Aviation Adminis- any other place in the United States on a this authority must be shipped on a tration requiring rules of safety for re- foreign air carrier (having been transported U.S. codeshare or similar arrangement, pair facilities in the United States but from, or thereafter being transported to, a such as a U.S. waybill. not requiring those same rules of safe- place outside the United States on a dif- ferent air carrier or foreign air carrier) that It preserves and creates American ty for repair facilities by the U.S. con- is carried— jobs in the increasingly important tractors for U.S. aircraft. I just can’t ‘‘(A) under the code of a U.S. air carrier global air cargo sector. get that separation in my mind. I have providing air transportation to Alaska; The PRESIDING OFFICER. Is there listened closely. I hate to not come ‘‘(B) on an air carrier way bill of U.S. air further debate on the amendment? If down on the side of the Senator from carrier providing air transportation to Alas- not, the question is on agreeing to Mississippi because he has been our ka; or ‘‘(C) under a term arrangement or block amendment No. 923. chairman and has led the way all day The amendment (No. 923) was agreed here. space agreement with an air carrier.’’. (D) under the code of a U.S. air carrier for to. I say that publicly because, on the purposes of transportation within the U.S. Mr. REID. I move to reconsider the Democratic side of the aisle, there Mr. STEVENS. Mr. President, this vote. could be those who would favor lan- amendment deals with protecting ex- Mr. HOLLINGS. I move to lay that guage and the admonition of the Sen- isting jobs and creating new jobs on motion on the table. ator from Mississippi in the perfecting the ground in Alaska in connection The motion to lay on the table was amendment. with the airport I am honored to have agreed to. Senator BOXER has spoken in behalf named after me. Mr. MCCAIN. Mr. President, I ask of Senator SPECTER’s amendment. I Mr. President, as I say, this amend- unanimous consent that with regard to happen to favor it. Usually we note at ment is about jobs—protecting existing the amendment that was proposed on the desk the disposition on this side. I jobs and creating new jobs on the behalf of Senators INOUYE and VOINO- don’t want to mislead. ground in Alaska. VICH, that Senator VOINOVICH’s name be I suggest the absence of a quorum. Anchorage is the top-ranked cargo deleted from that amendment. The PRESIDING OFFICER. The airport in North America: 600 wide The PRESIDING OFFICER. Without clerk will call the roll. body cargo carriers per week; 19 air- objection, it is so ordered. The senior assistant bill clerk pro- lines providing all-cargo main deck Mr. MCCAIN. Mr. President, I ask ceeded to call the roll. freighter service through Anchorage; 9 unanimous consent that the vote on hours by air from 95 percent of the in- the Lott second-degree amendment Mr. MCCAIN. Mr. President, I ask dustrialized world; 3000 miles from unanimous consent that the order for take place at 5:45, immediately fol- Tokyo; 3000 miles from New York city; the quorum call be rescinded. lowed by either a voice vote or re- 4000 miles from London; 4000 miles corded vote on the underlying Specter The PRESIDING OFFICER. Without from Frankfurt; 4400 miles from Hong amendment, followed by final passage. objection, it is so ordered. Kong. The PRESIDING OFFICER. Is there Mr. MCCAIN. Mr. President, I ask Foreign airlines provide much of this objection? unanimous consent, with the agree- international cargo lift to and from the Without objection, it is so ordered. ment of both sides, that Senator STE- U.S. through Anchorage. Federal law Mr. REID. I suggest the absence of a VENS be recognized to offer one final allows these planes to land in Alaska, quorum. amendment. creating an enormous number of jobs The PRESIDING OFFICER. The The PRESIDING OFFICER. Without on the ground. clerk will call the roll. objection, it is so ordered. But Federal law, as currently inter- The legislative clerk proceeded to The Senator from Alaska. preted, does not allow U.S. carriers to call the roll. AMENDMENT NO. 923 use excess capacity on their foreign Mr. REID. Mr. President, I ask unan- Mr. STEVENS. Mr. President, I send partners to move international cargo imous consent that the order for the an amendment to the desk. from Anchorage to the lower 48. The quorum call be rescinded. The PRESIDING OFFICER. The foreign carrier must make the full trip The PRESIDING OFFICER. Without clerk will report the amendment. by itself. It is prohibited from transfer- objection, it is so ordered. The legislative clerk read as follows: ring cargo to or from a U.S. carrier fly- VOTE ON AMENDMENT NO. 914 ing the international leg of the jour- Mr. REID. Mr. President, have the The Senator from Alaska [Mr. STEVENS] ney. yeas and nays been ordered on the Lott proposes an amendment numbered 923. Anchorage is under attack from for- amendment? Mr. STEVENS. Mr. President, I ask eign cargo hubs seeking to exploit this The PRESIDING OFFICER. They unanimous consent that reading of the weakness. Cities such as Tashkent, have. amendment be dispensed with. Kharbarovsk, and Anadyr in Asia and Mr. REID. I thank the Chair. The PRESIDING OFFICER. Without Calgary and Vancouver in Canada are The PRESIDING OFFICER. The objection, it is so ordered. aggressively pursuing the cargo car- question is on agreeing to the amend- The amendment is as follows: riers that Anchorage now serves. ment of the Senator from Mississippi.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7820 CONGRESSIONAL RECORD — SENATE June 12, 2003 The yeas and nays have been ordered A bill (H.R. 2115) to amend Title 49, United Mikulski Roberts Stabenow and the clerk will call the roll. States Code, to reauthorize programs for the Miller Rockefeller Stevens Federal Aviation Administration, and for Murkowski Santorum Sununu The legislative clerk called the roll. Murray Sarbanes other purposes. Talent Mr. REID. I announce that the Sen- Nelson (FL) Schumer Thomas ator from West Virginia (Mr. BYRD), The PRESIDING OFFICER. Under Nelson (NE) Sessions Voinovich Nickles Shelby the Senator from North Carolina (Mr. the previous order, the text of the Sen- Warner Pryor Smith Wyden EDWARDS), the Senator from Florida ate measure is inserted in lieu of the Reed Snowe (Mr. GRAHAM), the Senator from House language and the bill is read the Reid Specter Vermont (Mr. JEFFORDS), the Senator third time. NOT VOTING—6 The PRESIDING OFFICER. The ma- from (Mr. KERRY) and Byrd Graham (FL) Kerry the Senator from Connecticut (Mr. LIE- jority leader. Edwards Jeffords Lieberman Mr. FRIST. Mr. President, the next BERMAN) are necessarily absent. The bill (H.R. 2115), as amended, was vote, final passage of the FAA reau- I further announce that, if present passed. and voting, the Senator from Massa- thorization, will be the last vote of the (The bill will be printed in a future evening. We will have a vote tomorrow chusetts (Mr. KERRY) would vote edition of the RECORD.) ‘‘nay’’. morning at 10 a.m. Ms. COLLINS. Mr. President, I move The PRESIDING OFFICE (Mr. CHAM- After that 10 a.m. we will not have to reconsider the vote, and I move to BLISS). Are there any other Senators in further votes until Tuesday. No votes lay that motion on the table. the Chamber desiring to vote? on Monday. We will be going to Medi- The motion to lay on the table was The result was announced—yeas 42, care prescription drugs on Monday. We agreed to. nays 52, as follows: will come in early afternoon on Mon- The PRESIDING OFFICER. Under [Rollcall Vote No. 224 Leg.] day for opening statements. We will the previous order, the Senate insists YEAS—42 have no votes on Monday. I believe on its amendments and requests a con- that is pretty much it for the schedule. Alexander DeWine McCain ference with the House. Allard Ensign McConnell Later tonight, after talking to the The Presiding Officer (Mr. CHAM- Allen Enzi Miller Democratic leader, if there is any BLISS) appointed Mr. MCCAIN, Mr. STE- Bennett Fitzgerald Murkowski change in the schedule, we will let peo- Bond Frist Nickles VENS, Mr. BURNS, Mr. LOTT, Mrs. Brownback Graham (SC) Roberts ple know. The next vote is the last of HUTCHISON, Mr. HOLLINGS, Mr. INOUYE, Bunning Grassley Shelby the evening and we will vote at 10 a.m. Mr. ROCKEFELLER, and Mr. BREAUX con- Burns Gregg Smith tomorrow morning. ferees on the part of the Senate. Chafee Hagel Stevens Mr. HOLLINGS. I ask for the yeas Chambliss Hatch Sununu f Cochran Inhofe Talent and nays on final passage. Cornyn Kyl Thomas The PRESIDING OFFICER. Is there a EXECUTIVE SESSION Craig Lott Voinovich sufficient second? Crapo Lugar Warner There is a sufficient second. EXECUTIVE CALENDAR NAYS—52 The bill having been read the third Akaka Dole Mikulski time, the question is, Shall the bill The PRESIDING OFFICER. The Sen- Baucus Domenici Murray pass? ator from Maine. Bayh Dorgan Nelson (FL) Ms. COLLINS. Mr. President, I ask Biden Durbin The clerk will call the roll. Nelson (NE) unanimous consent that the Senate im- Bingaman Feingold Pryor The legislative clerk called the roll. Boxer Feinstein Reed Mr. REID. I announce that the Sen- mediately proceed to executive session Breaux Harkin Reid ator from West Virginia (Mr. BYRD), to consider the following nominations Campbell Hollings Rockefeller Cantwell Hutchison the Senator from North Carolina (Mr. on today’s Executive Calendar: Santorum Carper Inouye No. 223 and on the Secretary’s Desk, Sarbanes EDWARDS), the Senator from Florida Clinton Johnson Schumer (Mr. GRAHAM), the Senator from PN443 and PN182. Coleman Kennedy The PRESIDING OFFICER. Without Collins Kohl Sessions Vermont (Mr. JEFFORDS), the Senator Conrad Landrieu Snowe from Massachusetts (Mr. KERRY), and objection, it is so ordered. Specter Corzine Lautenberg the Senator from Connecticut (Mr. LIE- NOMINATION OF JOHN W. WOODCOCK TO BE Daschle Leahy Stabenow UNITED STATES DISTRICT JUDGE FOR THE DIS- Wyden BERMAN) are necessarily absent. Dayton Levin TRICT OF MAINE Dodd Lincoln I further announce that, if present and voting, the Senator from Massa- Ms. COLLINS. Mr. President, for the NOT VOTING—6 chusetts (Mr. KERRY) would vote information of my colleagues, Execu- Byrd Graham (FL) Kerry tive Item No. 223 is the nomination of Edwards Jeffords Lieberman ‘‘yea’’. The PRESIDING OFFICER. Are there John Woodcock to be a District Judge The Amendment (No. 914) was re- any other Senators in the Chamber de- for the District of Maine. I am very jected. siring to vote? pleased to rise tonight to speak on his Mr. MCCAIN. Mr. President, I ask The result was announced—yeas 94, behalf. Maine’s senior Senator, Olym- unanimous consent to vitiate the yeas nays 0, as follows: pia Snowe, and I are very proud to have and nays on the Specter amendment. [Rollcall Vote No. 225 Leg.] recommended John for this prestigious The PRESIDING OFFICER (Mr. position on the Federal bench. YEAS—94 CHAMBLISS). Without objection, it is so I have known John Woodcock for ordered. Akaka Coleman Grassley many years. John, in fact, recruited me Alexander Collins Gregg The question is on agreeing to the Allard Conrad Hagel several years ago to serve as a trustee amendment numbered 905. Allen Cornyn Harkin on the board of the Eastern Maine Med- The amendment (No. 905) was agreed Baucus Corzine Hatch ical Center, which he has chaired for 23 Bayh Craig Hollings to. Bennett Crapo Hutchison years. This is typical of John’s service The PRESIDING OFFICER. The Biden Daschle Inhofe to his community. He has devoted question is on agreeing to the com- Bingaman Dayton Inouye countless hours volunteering his time mittee substitute, as amended. Bond DeWine Johnson and energy to his alma mater, Bowdoin Boxer Dodd Kennedy The committee substitute, as amend- Breaux Dole Kohl College; Eastern Maine Charities; the ed, was agreed to. Brownback Domenici Kyl Maine State Commission on Arts and The bill was ordered to be engrossed Bunning Dorgan Landrieu Humanities; the Good Samaritan Agen- Burns Durbin Lautenberg for a third reading and was read the Campbell Ensign Leahy cy; and the Bangor Children’s Home, to third time. Cantwell Enzi Levin name just a few. The PRESIDING OFFICER. Under Carper Feingold Lincoln The Woodcock family has a proud the previous order, the clerk will re- Chafee Feinstein Lott tradition of public service that spans Chambliss Fitzgerald Lugar port the House companion bill. Clinton Frist McCain generations. In fact, two of John’s sons The bill clerk read as follows: Cochran Graham (SC) McConnell have served as members of my staff.

VerDate Mar 15 2010 21:20 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S12JN3.REC S12JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY