October 28, 2003 CONGRESSIONAL RECORD — HOUSE H9959 CONFERENCE TOTAL—WITH COMPARISONS Federal Aviation Administration, and for tling of the air traffic control system The total new budget (obligational) au- other purposes, is hereby recommitted to the as we know it. We cannot allow our air thority for the fiscal year 2004 recommended committee of conference. traffic control system to be farmed out by the Committee of Conference, with com- b 1830 to the lowest bidder. Safety must come parisons to the fiscal year 2003 amount, the first, and we cannot do it on the cheap. 2004 budget estimates, and the House and The SPEAKER pro tempore (Mr. GIB- Members on both sides of the aisle feel Senate bills for 2004 follow: BONS). The gentleman from Florida so strongly about this provision that (Mr. LINCOLN DIAZ-BALART) is recog- [In thousands of dollars] they have pledged to vote against the nized for 1 hour. New budget (obligational) conference report. authority, fiscal year (Mr. LINCOLN DIAZ-BALART of Mr. Speaker, FAA controllers re- 2003 ...... $20,111,481 Florida asked and was given permis- sponded magnificently during the trag- Budget estimates of new sion to revise and extend his remarks.) ic terrorist attacks of September 11. (obligational) authority, Mr. LINCOLN DIAZ-BALART of They successfully landed 4,482 aircraft fiscal year 2004 ...... 19,890,979 Florida. Mr. Speaker, for the purpose within 2 hours without a single oper- House bill, fiscal year 2004 19,601,125 of debate only, I yield the customary 30 ational error. Their performance on Senate bill, fiscal year 2004 20,012,291 minutes to the gentleman from Massa- Conference agreement, fis- that fateful day earned them the U.S. chusetts (Mr. MCGOVERN), pending cal year 2004 1 ...... 20,171,163 Department of Transportation’s high- Conference agreement which I yield myself such time as I est award for achievement. But the compared with: may consume. During consideration of fact of the matter is they did an out- New budget this resolution, all time yielded is for standing job before 9/11, and they have (obligational) author- the purpose of debate only. continued to do so every day since. ity, fiscal year 2003 ...... +59,682 Mr. Speaker, House Resolution 377 is Budget estimates of new The FAA controllers and technicians a rule providing for the conference re- are a highly-skilled group of dedicated (obligational) author- port accompanying H.R. 2115, the ity, fiscal year 2004 ...... +280,184 professionals who deserve better than House bill, fiscal year Flight 100–Century of Aviation Reau- to be discarded just 2 short years after 2004 ...... +570,038 thorization Act to be recommitted to the world became so familiar with the Senate bill, fiscal year the conference committee. In an effort challenges that they face. This con- 2004 ...... +158,872 to ensure support for the bill, the ference report does not accord them 1 Conference agreement excludes 0.646% across-the- House committees of jurisdiction have the respect and the gratitude that they board cut. committed to making this important have earned and so rightly deserve. CHARLES H. TAYLOR, legislation even better through another Contrary to the various claims that BILL YOUNG, conference. have been made, this provision would RALPH REGULA, I would like to thank the gentleman not just affect airports that exclusively JIM KOLBE, from Alaska (Chairman YOUNG) for his serve general aviation aircraft. Eight- GEORGE R. NETHERCUTT, extraordinary leadership on this issue, een of the airports included in the list Jr., as well as the other Members who have of 69 airports that could be privatized ZACH WAMP, worked hard to make this a reality as JOHN E. PETERSON, are served by commercial carriers. we continue to address the concerns of DON SHERWOOD, This includes Hanscom Airfield in my ANDER CRENSHAW, Members on both sides of the aisle. home State of Massachusetts, which is NORMAN D. DICKS, Mr. Speaker, I urge my colleagues to served by several commercial carriers, JOHN P. MURTHA, support this important rule. including Continental, Delta and JAMES P. MORAN, Mr. Speaker, I reserve the balance of Northwest. But even more alarming is JOHN W. OLVER, my time. the fact that 11 of these 69 air towers Managers on the Part of the House. Mr. MCGOVERN. Mr. Speaker, I yield are among the 50 busiest in the coun- CONRAD BURNS, myself 7 minutes. try. TED STEVENS, Mr. Speaker, I thank the gentleman Now, as misguided as this provision THAD COCHRAN, from Florida (Mr. LINCOLN DIAZ- is, the way it magically appeared in PETE DOMENICI, BALART) for yielding me the customary the conference report is just as galling. ROBERT F. BENNETT, time. Not only was the provision not in- JUDD GREGGNEW JERSEY, Mr. Speaker, the conference report BEN NIGHTHORSE cluded in either bill passed by the CAMPBELL, for H.R. 2115, the FAA Reauthorization House or the Senate, it runs com- SAM BROWNBACK, Act, is not quite ready for prime time. pletely counter to language in both the BYRON L. DORGAN, The good news is that the conference House and Senate bills that expressly ROBERT C. BYRD, report is complete. The bad news is prohibited the privatization of air traf- PATRICK J. LEAHY, that there is no way it can pass the fic control. Yet, the conference com- ERNEST HOLLINGS, House in its current form. That is why mittee, acting on orders from the HARRY REID, we are here today. By voting for this White House, defied the wishes of the DIANNE FEINSTEIN, rule, the House will send this con- BARBARA A. MIKULSKI, Members who serve in both Chambers Managers on the Part of the Senate. ference report back to the conference and snuck this unwise, special-interest committee for further consideration, f provision into the conference report. an action that is sorely needed. This tactic, Mr. Speaker, is a new fa- PROVIDING FOR RECOMMITTAL OF Mr. Speaker, the reason we need to vorite of the Republican leadership. CONFERENCE REPORT ON H.R. recommit this conference report back They ignore what the full House and 2115, FLIGHT 100—CENTURY OF to the conference committee is simple: full Senate have done, and secretly re- AVIATION REAUTHORIZATION There are three major provisions in write important bills in some back ACT this bill that will undermine efforts to room. It is a terrible way to do the peo- Mr. LINCOLN DIAZ-BALART of protect the American public, while ple’s business. It makes a mockery of Florida. Madam Speaker, by direction weakening our country’s competitive the legislative process and confirms of the Committee on Rules, I call up position in the international air cargo the most cynical suspicions people House Resolution 377 and ask for its markets. have about how this Congress operates. immediate consideration. The first and most obvious problem And it gets worse. A last minute one- The Clerk read the resolution, as fol- with the conference report is the provi- word change in the conference report lows: sion that would allow for the imme- has changed antiterrorism training for H. RES. 377 diate privatization of 69 air traffic con- flight crews from mandatory to discre- Resolved, That upon adoption of this reso- trol towers, with the authority to pri- tionary. The Homeland Security Act of lution the conference report to accompany vatize all other air traffic control tow- 2002 directed the Transportation Secu- the bill (H.R. 2115) to amend title 49, United ers after 4 years. If this provision be- rity Administration to issue security States Code, to reauthorize programs for the comes law, it will begin the disman- training guidelines for flight crews. H9960 CONGRESSIONAL RECORD — HOUSE October 28, 2003 Section 603 of the FAA conference re- Mr. Speaker, as Representative of from the conference report regarding the pri- port guts this directive in order to give one of the largest rural districts east of vatization of air traffic controllers. This pro- air carriers the authority to establish the Mississippi and cochairman of the vides the conference committee an excellent such training requirements. opportunity to remove the EAS local match Rural Congressional Caucus, I rise provision that was already stricken on both The TSA has developed the training today because I feel an obligation to the House and Senate floors and not included for Federal flight deck officers and the uphold the will of the House, which in either bill brought to the conference com- Federal air marshals. It only makes seems to have been bypassed in this re- mittee. sense that the TSA should be respon- port. Additionally, this provision will have un- sible for developing the antiterrorism Just several months ago, we had an told effects on many small rural commu- nities. It is unacceptable to force commu- training for flight attendants so that amendment on the floor here that re- there is a coordinated response from nities to pay up to $100,000 in a local cost moved a provision that forced rural share, in addition to the many costs they the entire flight crew in the event of a airports to pay a portion of up to 10 currently incur in running a small local air- terrorist attack. To do anything less, percent of the essential air service that port. Mr. Speaker, is to place special inter- helps them provide service in difficult We respectfully request the removal of ests above passenger and crew safety, times. The House removed it; the Sen- Section 408 from the Vision 100—Century of Aviation Reauthorization Act Conference and that is absolutely unacceptable. ate removed it. Today, it is back here. The third and final provision of this Report before it is brought to the House and Now, it is limited to 10 communities conference report that must be fixed is Senate floors for consideration and we look and it will not hurt as many, but it is the giveaway exemption that will allow forward to working with you in the future to ensure rural communities continue to re- foreign airlines to carry air cargo be- very possible that for these 10 commu- nities, it could cost over $100,000. ceive essential air service. tween two U.S. domestic points, pro- Sincerely, vided one of those domestic points is in Rural airports have a very limited in- come stream. They do not have much John E. Peterson, Allen Boyd, Tom Alaska and only in Alaska. There is no Osborne, Nick Rahall, Phil English, similar exemption for international air means of income. They are fortunate to Max Burns, Bud Cramer, Earl Pom- cargo going through Hawaii, Florida or have money to match Federal money eroy, Steve Pearce, Ray LaHood, California; just Alaska. to pave their runways, fix their lights James A. Leach, ——— ———, Lincoln This provision represents an unprece- and run the airport. Davis, ——— ———, Michael H. dented change in U.S. transportation So I ask that if this bill is recommit- Michaud. policy that for 200 years has protected ted to conference for other issues, and U.S. SENATE, domestic point-to-point service from many other rural Members strongly urge the committee leadership, to re- Washington, DC, September 29, 2003. foreign competition. No other country Hon. JOHN MCCAIN, in the world grants U.S. carriers the move Section 408, the Essential Air Chairman, Committee on Commerce, Science, kind of open access to its domestic Service Local Participation Pilot Pro- and Transportation, Dirksen Office Build- transportation network that this pro- gram, from this provision. I personally ing, Washington, DC. vision would grant to foreign carriers will find it extremely difficult, and Hon. ERNEST F. HOLLINGS, operating in the United States. It is many other rural Members will too, to Ranking Member, Committee on Commerce, unfathomable that we would make support the conference report, and I do Science, and Transportation, Dirksen Office such a dramatic change to long-stand- not want to be in that position. Building, Washington, DC. ing transportation policy without a Mr. Speaker, I include for the Hon. DON YOUNG, Chairman, Committee on Transportation and single hearing or a minute of debate. RECORD copies of letters signed by 48 Infrastructure, Rayburn House Office Now, make no mistake, the Alaska House Members and 16 Senators. Building, Washington, DC. cargo provision will add the U.S. avia- CONGRESS OF THE UNITED STATES, Hon. JAMES OBERSTAR, tion industry to manufacturing, tex- Washington, DC, October 8, 2003. Ranking Member, Committee on Transportation tiles and other sectors of our economy Hon. JOHN MCCAIN, and Infrastructure, Rayburn House Office that are hemorrhaging jobs to other Chairman, Committee on Commerce, Science, Building, Washington, DC. countries. The U.S. airline industry and Transportation, Dirksen Office Build- GENTLEMEN: We write out of grave concern has seen losses of $7 billion per year ing, Washington, DC. for a provision added to the Vision 100—Cen- since September 11, resulting in the Hon. FRITZ HOLLINGS, tury of Aviation Reauthorization conference report regarding the adoption of a local cost layoffs of 150,000 American workers. Ranking Member, Committee on Commerce, Science, and Transportation, Dirksen Office share for certain Essential Air Service com- This provision will do nothing but munities. This addition to the conference re- harm our efforts to help the U.S. avia- Building, Washington, DC. Hon. DON YOUNG, port not only goes against the will of both tion industry recover, while widening Chairman, Committee on Transportation and the House and the Senate, but may also have the gaping holes that already exist in Infrastructure, Rayburn House Office a disastrous effect on many of our small our homeland security with respect to Building, Washington, DC. rural airports. Therefore, we urge the con- screening air cargo. Hon. JAMES OBERSTAR, ference committee to remove this language So, Mr. Speaker, it is important that Ranking Member, Committee on Transportation before bringing the report to the respective the conference committee not just and Infrastructure, Rayburn House Office floors for a vote. Building, Washington, DC. The local cost share provision was removed meet to strip the privatization provi- from S. 824 by a bipartisan amendment of- DEAR CHAIRMAN YOUNG, CHAIRMAN MCCAIN, sion, an action that will not fully fix fered by 15 senators, which passed on a voice RANKING MEMBER OBERSTAR, RANKING MEM- the problem, but that the conference vote. Likewise, a similar local cost share BER HOLLINGS: We write out of grave concern actually reconvene and address all of provision was removed from H.R. 2115 by an for a provision added to the Vision 100—Cen- the flaws now contained in this bill. amendment offered by Representatives tury of Aviation Reauthorization Conference McHugh, Peterson (PA) and Shuster. Mr. Speaker, I urge my colleagues to Report regarding the adoption of a local cost support this rule and send this con- It is our understanding that negotiations share for certain Essential Air Service com- are currently under way to remove language ference report back to the conference munities. This addition to the conference re- committee, where, hopefully this time, from the conference report regarding the pri- port not only goes against the will of both vatization of air traffic controllers. This pro- the will of the House will be respected. the House and the Senate, but may also have vides the conference committee an excellent Mr. Speaker, I reserve the balance of a disastrous effect on many of our small opportunity to remove the EAS local match my time. rural airports. Therefore, we urge the con- provision that was already stricken on both Mr. LINCOLN DIAZ-BALART of ference committee to remove this language the House and Senate floors and not included Florida. Mr. Speaker, I yield 2 minutes before bringing the report to the respective in either bill brought to the conference com- to the distinguished gentleman from floors for a vote. mittee. Pennsylvania (Mr. PETERSON). As you know, the local cost share provi- Additionally, this provision will have un- (Mr. PETERSON of Pennsylvania sion was removed in H.R. 2115 by an amend- told effects on many small rural commu- asked and was given permission to re- ment offered by Representatives McHugh, nities. It is unacceptable to force commu- Peterson (PA) and Shuster, which passed by vise and extend his remarks and in- nities to pay up to $100,000 in a local cost a voice vote. Likewise, a similar local cost share, in addition to the many costs they clude extraneous material.) share provision was removed from S. 824 by currently incur in running a small local air- Mr. PETERSON of Pennsylvania. Mr. an amendment offered by Senator Bingaman. port. Speaker, I thank the gentleman for It is our understanding that negotiations We respectfully request the removal of yielding me time. are currently under way to remove language Section 408 from the Vision 100—Century of October 28, 2003 CONGRESSIONAL RECORD — HOUSE H9961 Aviation Reauthorization Act conference re- nis A. Cardoza, Jim Gibbons, Jim we gouge the taxpayers for more port before it is brought to the House and Matheson, Ed Case, Anibal Acevedo- money, if someone can make a little Senate floors for consideration, and we look Vila´ , Mike Ross, Tom Udall, Lane money, and maybe we can bust another forward to working with you in the future to Evans, Timothy Johnson, Bernie Sand- union here. That is all this is about. It ensure rural communities continue to re- ers, John Boozman, Tom Latham, ceive essential air service. Heather Wilson, Ron Lewis, Jo Ann is quite simple. Sincerely, Emerson, Doug Bereuter, Bart Stupak, Both the House and the Senate, by Jeff Bingaman, Olympia Snowe, Hillary Collin C. Peterson. near unanimous majorities, voted to Rodham Clinton, Patrick Leahy, Mr. MCGOVERN. Mr. Speaker, I yield not privatize the air traffic control sys- Blanche L. Lincoln, Jim Jeffords, Mark 4 minutes to the gentleman from Or- tem. But the ideologues at the White Pryor, Tom Udall, Charles Schumer, egon (Mr. DEFAZIO). House presented to their compliant lap Jim Daschle, Arlen Specter, E. Ben- Mr. DEFAZIO. Mr. Speaker, I thank dogs that order, and they trotted into jamin Nelson, Susan M. Collins, Chuck the conference with it. They got it Grassley, Mark Dayton, Chuck Hagel. the gentleman for yielding me time. Mr. Speaker, the House finds itself in done by voice vote, no one signed the CONGRESS OF THE UNITED STATES, a bit of an awkward position here. The conference report from this side of the Washington, DC, September 24, 2003. Federal aviation reauthorization legis- aisle. But they have not been able to Hon. JOHN MCCAIN, lation passed this body some months bring the bill to the floor because, Chairman, Committee on Commerce, Science, ago with little controversy, an excel- guess what? They cannot get the sup- and Transportation, Dirksen Office Build- lent bill moving us forward with in- port in the House or the Senate for ing, Washington, DC. vestment in the future of aviation air what they wanted and what they got, Hon. FRITZ HOLLINGS, traffic control air safety. A quite simi- which is privatization of air traffic Ranking Member, Committee on Commerce, lar bill passed the Senate, and it ap- Science, and Transportation, Dirksen Office control, jeopardizing the safety and the Building, Washington, DC. peared we were on our way to meeting future of the air space of the United Hon. DON YOUNG, the October 1 deadline. States of America. Chairman, Committee on Transportation and Unfortunately, something strange Now they say, well, we will just go Infrastructure, Rayburn House Office happened on the way to adopting a back to conference and strike it. Now, Building, Washington, DC. Federal aviation reauthorization, and they are going to try the bait and Hon. JAMES OBERSTAR, that is White House ideology and poli- switch rouse here which is to say, well, Ranking Member, Committee on Transportation tics and stupidity. we will strike out that offensive and and Infrastructure, Rayburn House Office We were summoned to an emergency Building, Washington, DC. stupid provision out of the bill, you meeting of the conference the day be- know, the arbitrary privatization of 69 DEAR CHAIRMAN YOUNG, CHAIRMAN MCCAIN, fore the House was to adjourn for the RANKING MEMBER OBERSTAR, RANKING MEM- air traffic control towers against the August recess, because the FAA bill BER HOLLINGS: We write out of grave concern will of the Senate and the House. We for a provision added to the Vision 100—Cen- was going to be brought to the floor will just strike that out altogether. tury of Aviation Reauthorization Conference the next day. There was just one little But, of course, what they are conven- Report regarding the adoption of a local cost change, an unwritten amendment to iently omitting there is that both the share for certain Essential Air Service com- privatize 71 air traffic control towers. Senate and House had had affirmative munities. This addition to the conference re- Well, the gentleman from Alaska language to prohibit privatization, and port not only goes against the will of both (Chairman YOUNG) did not like that absent that, the ideologues at the the House and Senate, but may also have a much, so, whoops, suddenly these deep- disastrous effect on many of our small rural White House can actually privatize ly-held principles could be changed, airports. Therefore, we urge the conference more air traffic control towers, further and it was suddenly 69 towers could be committee to remove this language before jeopardizing the safety of the traveling privatized, because the two in Alaska bringing the report to the respective floors public and the control of the air space for a vote. did not need to be privatized anymore. As you know, the local cost share provi- Now, when the Senator from Arizona of the United States of America. So sion was removed in H.R. 2115 by an amend- was questioned as to how he came up that is what they are going to try now. ment offered by Representatives McHugh, with the list of 69 that presented to But I do not think that this House, Peterson (PA) and Shuster, which passed by him by the White House, he said, oh, the Members of this House or the Mem- a voice vote. Likewise, a similar local cost there were really good reasons for it. bers of the other body, are that dumb share provision was removed from S. 824 by These were all just little VFR dinky that they are going to fall for that. I do an amendment offered by Senator Bingaman. not think it gives those who are weak- It is our understanding that negotiations airports and this would be a more effi- are currently under way to remove language cient way to do it. kneed enough cover to go in that direc- from the conference report regarding the pri- I said well, I wonder if he ever landed tion. vatization of air traffic controllers. This pro- at Boeing Field in Seattle. I did not It is the same issue: Do you believe vides the conference committee an excellent think Boeing was aware of the fact in privatization of air traffic control or opportunity to remove the EAS local match that that was just a VFR field, a little not. Do you want to follow the failed provision that was already stricken on both dinky field. I thought it was actually models of other countries that are the House and Senate floors and not included kind of crucial to the aviation industry more expensive and less efficient or in either bill brought to the conference com- not? That is the bottom line when this mittee. of the United States of America and Additionally, this provision will have un- Boeing, our largest manufacturer, in comes back up on Thursday. told affects on many small rural commu- fact, our only commercial manufac- They are going to say, oh, we took nities. It is unacceptable to force commu- turer. Then others went on to question that out of the bill. It is underlying the nities to pay up to $100,000 in a local cost about others on the list. The bottom bill without a prohibition, and the share, in addition to the many costs they line was he was defending the indefen- ideologues at the White House will sure currently incur in running a small local air- sible. as heck rush forward with privatiza- port. The White House wants to say that it tion, because someone might be able to We respectfully request the removal of make a little bit of money. So what if Section 408 from the Vision 100—Century of is not the business of the government Aviation Reauthorization Act Conference of the United States of America, it is it kills people and jeopardizes the air Report before it is brought to the House and not the business of government em- space. the Senate floors for consideration and we ployees, to control air traffic, to pro- Mr. LINCOLN DIAZ-BALART of look forward to working with you in the fu- vide for safety and control of the na- Florida. Mr. Speaker, I reserve the bal- ture to ensure rural communities continue tional air space. That should be a pri- ance of my time. to receive essential air service. vate sector function. Somebody might Mr. MCGOVERN. Mr. Speaker, I yield Sincerely, be able to make a little bit of money myself such time as I may consume. John E. Peterson, Allen Boyd, John doing it, despite the fact there is no Mr. Speaker, given the fact that I see McHugh, Jerry Moran, Bill Shuster, the distinguished chairman of the Sub- Chris Cannon, John Shimkus, Marion successful model of privatization in the Berry, Barbara Cubin, Charles F. Bass, world. They are all more expensive and committee on Aviation seated over Ron Paul, John Tanner, Frank D. less efficient. there, perhaps he could give us some Lucas, Scott McInnis, Kenny C. Well, what the heck, that does not assurance that as we vote for this rule Hulshof, Rick Renzi, Rob Bishop, Den- matter to this White House. So what if to send this flawed conference report H9962 CONGRESSIONAL RECORD — HOUSE October 28, 2003 back to the conference committee, side, Mr. Clinger, and I both agreed almost a certainty that some commu- that maybe he can give us an assurance that was a bad idea and it went away. nities in my district, if they do not that the conference committee will be Then it came back during the Clinton- have air service, the only way to get open and Members will be allowed to Gore administration and it was more there is to be born there. Well, I do not offer amendments in the committee. fully refined and defined, and I said it want to see that happen; the gen- was a terrible idea and vigorously op- b 1845 tleman from Pennsylvania does not posed it, with great support on the Re- want to see that happen; and we must Mr. Speaker, I am happy to yield to publican side. Now that the idea has not let that happen. him if he would be willing to answer surfaced for a third time from a Repub- Then the thing that I find, the step that question. lican administration, my colleagues, that I find very unpalatable, two steps, Mr. MICA. Mr. Speaker, I thank the many of my colleagues on the other one is we will just remove the offend- gentleman; but I will close, hopefully, side of the aisle, suddenly have had a ing language when we recommit this for our side and answer that question change of heart, or maybe many of bill to conference about the 69 towers at that time. them were not here in the House when and go back to current law. That is the Mr. MCGOVERN. Mr. Speaker, I ap- the first two attempts were made. The poison pill. The current law is the preciate the gentleman’s response. We fact is, this is just a very bad idea. President’s executive order stating are all anxiously awaiting the answer The second issue is to establish train- that air traffic control is not an inher- to that question. ing guidelines for flight attendants. ently governmental service. That then At this juncture I yield 9 minutes to The House bill said, you ‘‘shall’’ estab- opens the whole system up for privat- the gentleman from Minnesota (Mr. lish these training guidelines. We were ization. I know there is language that OBERSTAR), the distinguished ranking all agreed on that. We marched arm in says the rest of the air traffic control member of the Committee on Trans- arm together in subcommittee, in full until 2007 cannot be privatized; but portation and Infrastructure. committee, and to the House floor, and once we start down that road, the Mr. OBERSTAR. Mr. Speaker, I through the House. And then a one- whole chain becomes unraveled. thank the gentleman for yielding me word change in Senate floor debate Then there is the second effort that this time. from ‘‘shall’’ to ‘‘may’’ makes the I am pleased, Mr. Speaker, that we we have been hearing about and read- whole thing speculative. We were all ing about in news accounts of trading are finally going forward with the rule agreed that it was important. If you to commit the conference report back towers: if you agree to vote for this, we are going to arm the flight deck crew, will take your tower out. Well, I find if to conference, and I will vote for that have guns on the flight deck and you motion. But I am concerned that going you take this to its logical conclusion, are going to have the sealed door, the eventually all the Members who have back to conference simply will repeat bullet proof, bomb-proof door pro- the sham we had the first time that their tower in their district voted tecting the flight deck crew, the flight taken out of the privatization will have there was a conference. I have served attendants say, what about us? Should for 24 years on conference committees, protected themselves against privatiza- we not have training? Should that not tion, but they will be voting for the and this is the first time I have been to be mandatory? We say yes. This body a conference that did not have legisla- privatization system. So all of those voted ‘‘yes.’’ But somehow, miracu- who voted against privatization will tive language. We had concepts. So at a lously in conference, or in Senate floor certain point I was allowed to offer a have privatized towers. Those who debate, the White House said, no, we do want to vote for privatization will have conceptual amendment to a concept not want it mandatory. that had been presented. And after their towers removed from the privat- The question we have to raise is, are ization requirement. I do not under- some discussion, there was a vote, the we a three-party government or are we concept that I offered was defeated on stand how anybody can take that home a parliamentary system in which the and sell that to their constituencies. a voice vote, the bells rang for a vote legislative is merely an extension of Let us commit this bill to con- in the House, and Senators were noti- the executive branch? This body has ference. I appeal to the chairman of the fied of a vote in their body. The con- time and again stood up against the ex- subcommittee and the chairman of the ference dissolved and, the next thing I ecutive branch for what we believe, the full committee to have a real con- knew, the next day, miraculously, leg- people’s elected representatives, is the ference, not a sham. Let us gather the islative language appeared and it con- right thing for the best national inter- members together. Let us have full de- tained a number of items that we were est; and we made that decision here in bate. Let us have a discussion of the expecting; but we did not have it the an overwhelming vote, not to privatize, merits of the issues. Let us have real day before, and it was an urgent mat- to train the flight attendants on board give and take on this issue as we have ter to get this conference completed. aircraft; and all of a sudden, that just done time and again historically in That is 94 days ago. I marvel at the ur- vanished, succumbed. gency that suddenly vanished along Then the third issue is that of train- House-Senate conferences on aviation with the legislative language which ing cabin crews, I mean of cabotage, legislation. Let us do it the right way, also then miraculously appeared the which we have never permitted pre- not this back-door sham way. next day. viously to allow foreign airlines to Mr. LINCOLN DIAZ-BALART of There is a lot of good in this bill. We ferry goods between cities. Well, that Florida. Mr. Speaker, I yield such time need to provide funding for the airport is, as the gentleman from Oregon said, as he may consume to the gentleman improvement program, facilities and the beginning of dissolution of another from Florida (Mr. MICA), the chairman equipment account for the operation major sector of the American economy of the Subcommittee on Aviation. air traffic control system. There are that other countries protect. Why Mr. MICA. Mr. Speaker, I thank the three issues that are very critical to should we let our guard down now just gentleman from Florida for yielding the future of aviation. The first the because that exchange of goods will me this time. I am pleased to address gentleman from Oregon and the gen- take place in Alaska? I think that is some of the issues relating to this mo- tleman from Massachusetts on our side just dead wrong. tion to recommit. have discussed at some length, and The gentleman from Pennsylvania First of all, I do support the motion that is privatization of the air traffic has very well expressed a fourth issue to recommit the FAA reauthorization control system. requiring small communities to under- legislation and urge those on both sides This is not the first time this issue write essential air service. That was an of the aisle for this recommittal. has been raised before our Committee issue that was fundamental to deregu- To answer the gentleman from Mas- on Transportation and Infrastructure. lation in 1978. I sat on the committee. sachusetts’ question to me previously When I chaired the Subcommittee on I voted for deregulation because it had about commitments that I would make Aviation, it was raised by the first protection for essential air service for as to what would be in and what would Bush administration and we had a dis- small communities that they would be out of the final legislation and con- cussion about it; and my colleague, the not have to pay for. Now we are going ference report that comes out, I can ranking member on the Republican to bring that concept back and make it make no guarantee tonight. I am but October 28, 2003 CONGRESSIONAL RECORD — HOUSE H9963 one member of the conference com- tunity to see it, a campaign of MICA) that we should be discussing in mittee, even though I chair the Sub- disinformation to the tune of $6 million the House-Senate conference. That is committee on Aviation and am willing has tried to say just the opposite of where we ought to have that debate, to work with the other side. what the facts are. Now, these, I say to not here in 1-minute sound bites. But let me set some facts straight to- my colleagues, are the facts. Mr. Speaker, the gentleman from night as we conclude the debate on the So we will take this back to con- Florida cited 71⁄2 years of the Clinton motion to recommit. First of all, my ference, and we will revisit this issue. administration not doing anything. colleagues heard the ranking member Anyone who would like, we will make a That was because I, with the support of of the full committee just cite that air copy of this report available. But this Republicans in the House, vigorously traffic control is an inherently govern- campaign of disinformation is now opposed the Gore reinventing govern- mental function and that somehow this forcing us to go back to conference. I ment proposal to privatize air traffic has been politicized by our side of the make no guarantees as to what will control. We took it on head-on and aisle. Nothing, I say to my colleagues, come out of that conference. None of stopped them dead in their tracks. I could be further from the truth. In these provisions or the 69 towers that say to the gentleman, keep that in fact, for 71⁄2 years of the Clinton admin- we have included were secretly written mind. istration, there was no inherently gov- provisions. Mr. MCGOVERN. Mr. Speaker, I yield ernmental label placed on FAA air myself such time as I may consume. b 1900 traffic control. That was done in the Mr. Speaker, let me just close by say- last waning months of the Clinton ad- That provision was voted on in open ing we are here today because the Re- ministration as a bone to some of those conference and the other side lost in publican leadership in the White House in organized labor. But prior to that, this issue. So these are the facts that have forgotten that the House of Rep- there was no inherently governmental we deal with. resentatives is a deliberative body label. President Bush did remove that Finally, the cargo extension provi- where Members of both parties insist when he came into office and has asked sion in Alaska, I hope we do not change that when they express their will, it for the option to look at which tower that. Because if you want to see more will be respected and in conference should be privatized or which should be jobs lost in the United States, if you committees. They do not like secret contract towers and which should be want to see a transportation cargo hub deals in back rooms. fully FAA-operated towers. moved from Alaska to Canada, go The question that I ask the gen- The fact is, almost half, 219, of our ahead and change this provision. And tleman from Florida (Mr. MICA), the towers today are contract towers. They you will put thousands of people out of distinguished chairman of the Sub- are run by the FAA, but managed by a work and move cargo to another coun- committee on Aviation, was not a private company. The fact is, on Sep- try. Try that. See how that works. question of whether or not he could tember 11, half of the towers in this Finally, the local share match, we guarantee that certain provisions country that were contract towers, so- heard the plea of the rural commu- would be in the bill or provisions would called privatized towers, also brought nities. The administration wanted a be removed from the bill, what I asked down the planes safely on September match. We eliminated all the match him was very simply a guarantee that 11. The fact is, the President wanted except in 10 demo essential air service this would be an open conference, un- the ability to look at every tower that locations. And even with those 10 like what happened before, that this is fully FAA-staffed and decide which demos, we have allowed for a waiver. I would be an open conference, an open should be fully FAA-staffed and which hope we keep that provision that that process, a fair process, where Members should be contract. We decided in this allows that waiver and allows essential of both parties, Democrats and Repub- report, not just by picking towers at service. licans, would have the opportunity to random, but by taking a report that Those are the facts. We can deal with not only discuss issues, but to be able was first done in the year 2000 by the fantasy, or we can deal with a multi- to offer their amendments. That was Inspector General who looked at some million dollar disinformation cam- the question that the gentleman did 71 FAA, fully FAA-run towers. He paign. I urge the recommittal of this not answer. looked at all 71 of them. And he came legislation, and I ask that you fasten And I would hope, and I would urge back and he said, based on first safety your seat belts and put your tray ta- all my colleagues to vote for this rule, and secondly on cost, these are towers bles in an upright and locked position to send this flawed conference report that should be looked at for becoming and get ready for a ride to conference. back to the conference committee and contract towers. Mr. MCGOVERN. Mr. Speaker, I yield let us hope this time they get it right. Then, not only in the year 2000 did he 11⁄2 minutes to the gentleman from Mr. Speaker, I yield back the balance look at it, but NATCA, the union that Minnesota (Mr. OBERSTAR). of my time. runs air traffic control, asked for a Mr. OBERSTAR. Mr. Speaker, I have Mr. LINCOLN DIAZ-BALART of relook and disputed the cost figures. So got my seat belt in place, tray table is Florida. Mr. Speaker, I yield myself we asked for a relook. And in the year up, waiting for a real conference. The such time as I may consume. 2002, he conducted a relook; and we just points the gentleman from Florida Mr. Speaker, I appreciate the debate. got that report. It showed that the con- raised are the kinds of issues that we I think it is very important that the tract towers, in fact, when compared to should be discussing in the conference. facts alluded to by Mr. MICA are here in the fully FAA towers, had a 21⁄2 times We did not have that kind of discussion writing, written down, black and white better safety rate in the year 2000; and before, and if you go back to the report here. So the gentleman from Florida then the relook, I have a copy here, of the Inspector General and, as (Mr. MICA) has the copies available for says 41⁄2 times safer with a contract verified by, as reviewed further by the membership if any of the Members tower than a fully FAA; that is on the GAO, you find that the selection of air want to review the facts. basis of safety. traffic control towers was arbitrary, Ms. LINDA T. SA´ NCHEZ of California. Mr. Then just turning to the next page did not follow a consistent pattern, was Speaker, today, the House of Representatives and looking at cost, the cost here, our flawed in the number of towers se- is making a procedural vote on whether not to analysis showed that the 12 contract lected. recommit the FAA Reauthorization bill to con- towers on average cost about $917,000 Furthermore, there are 63 million op- ference. What this is really is an attempt to cir- less to operate. So on the basis of safe- erations a year run by our FAA control cumvent the real legislative process—an up or ty and cost, it was safer to have con- towers. The contract towers handle a down vote on the merits of their proposal. tract towers. And they compared the fraction of that amount, and they han- Why is the Republican leadership doing this? 2000 study and the 2002 study which we dle different kinds of traffic. And those Because they are trying to sneak through pro- just got in 2003, and both confirmed are the kinds of issues I say to my good visions that are seriously flawed and pose a this. friend, the distinguished chairman of major risk to flight safety and national security. But a campaign of disinformation to the Committee on Transportation and As a cochair of the newly created Congres- Members in Congress, to the public, Infrastructure Subcommittee on Avia- sional Labor and Working Families Caucus, I and to everyone who has had the oppor- tion, the gentleman from Florida (Mr. find it appalling that Congress would consider H9964 CONGRESSIONAL RECORD — HOUSE October 28, 2003 privatizing air traffic controllers when our secu- Baird Dunn Langevin Ramstad Shadegg Tiberi Baker Edwards Larsen (WA) Rangel Shaw Tierney rity is at a greater risk that ever. This and two Baldwin Ehlers Larson (CT) Regula Shays Toomey other provisions in this bill would do less—not Ballance Emanuel Latham Rehberg Sherman Towns more—to protect us from terrorism, and seri- Ballenger Emerson LaTourette Renzi Sherwood Turner (OH) ously undermine the airline industry in our Barrett (SC) Engel Leach Reyes Shimkus Turner (TX) Bartlett (MD) English Lee Reynolds Shuster country and jeopardize the safety of our per- Udall (CO) Barton (TX) Eshoo Levin Rodriguez Simmons Udall (NM) sonal air travel. Bass Etheridge Lewis (CA) Rogers (AL) Simpson Upton First, this bill opens the door for private Beauprez Evans Lewis (GA) Rogers (KY) Skelton Van Hollen Rogers (MI) Slaughter companies to purchase air traffic control tow- Becerra Everett Lewis (KY) Velazquez Bereuter Farr Linder Rohrabacher Smith (MI) Vitter ers from the Government. This means our Berkley Fattah Lipinski Ros-Lehtinen Smith (NJ) Walden (OR) Ross Smith (TX) Government will no longer be in control of the Berman Feeney LoBiondo Walsh Rothman Smith (WA) Berry Ferguson Lofgren Wamp safety of our airspace. Privatizing the Nation’s Roybal-Allard Snyder Biggert Filner Lowey Waters air traffic control system is a risky and dan- Ruppersberger Solis Bilirakis Flake Lucas (KY) Watson Rush Souder gerous experiment at a time when public safe- Bishop (GA) Foley Lucas (OK) Watt ty is of the highest importance. Bishop (NY) Forbes Lynch Ryan (OH) Spratt Ryan (WI) Stark Waxman Also, under this bill flight attendants are no Bishop (UT) Fossella Majette Weiner Blackburn Frank (MA) Maloney Ryun (KS) Stearns longer required to receive antiterrorism train- Sabo Stenholm Weldon (FL) Blumenauer Franks (AZ) Manzullo Weldon (PA) ing. Following the events of 9/11, flight attend- Blunt Frelinghuysen Markey Sanchez, Linda Strickland T. Sullivan Weller ants want to be properly trained; passengers Boehlert Gallegly Marshall Wexler Boehner Garrett (NJ) Matheson Sanchez, Loretta Tancredo want them to be trained; and as a frequent Sanders Tanner Whitfield Bonilla Gerlach Matsui Wicker flyer I personally want them to be trained. Bonner Gibbons McCarthy (MO) Sandlin Tauscher Wilson (NM) Bono Gilchrest McCarthy (NY) Saxton Tauzin Lastly, it would allow international airlines to Wilson (SC) Boozman Gillmor McCotter Schiff Taylor (MS) carry cargo throughout the United States with- Wolf Boswell Gingrey McCrery Schrock Taylor (NC) Woolsey out it being properly screened or tracked. The Boucher Gonzalez McDermott Scott (GA) Terry Scott (VA) Thomas Wu proposed changes would affect national secu- Boyd Goode McGovern Sensenbrenner Thompson (CA) Wynn Bradley (NH) Goodlatte McHugh rity as well as jeopardize the livelihood of our Serrano Thompson (MS) Young (AK) Brady (PA) Gordon McInnis domestic industry. Sessions Tiahrt Young (FL) Brady (TX) Goss McIntyre Ironically, after 9/11, airport screeners were Brown (OH) Granger McKeon NOT VOTING—27 federalized because we realized that our safe- Brown (SC) Graves McNulty ty depended on the individuals working those Brown, Corrine Green (TX) Meehan Bell Gutierrez Nethercutt Brown-Waite, Greenwood Meek (FL) Burns Hoekstra Pryce (OH) posts to be under Federal supervision. It is Ginny Grijalva Meeks (NY) Chabot Isakson Royce same with air traffic controllers. Burgess Gutknecht Menendez DeMint Jackson-Lee Schakowsky Look at it this way...the price of a plane Burr Hall Mica Dooley (CA) (TX) Stupak Fletcher King (NY) ticket—$235, the price of airport parking for a Burton (IN) Harman Michaud Sweeney Buyer Harris Millender- Ford LaHood Thornberry week—$75, and the expertise and experience Calvert Hart McDonald Frost Lampson Visclosky of air traffic controllers to land your airplane, Camp Hastings (FL) Miller (FL) Gephardt Lantos priceless. Cannon Hastings (WA) Miller (MI) Green (WI) McCollum Cantor Hayes Miller (NC) There is no price tag to our safety. For the Capito Hayworth Miller, Gary ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE safety for all Americans, I strongly urge my Capps Hefley Miller, George The SPEAKER pro tempore (Mr. GIB- Capuano Mollohan colleagues to vote ‘‘yes’’ to recommit the FAA Hensarling BONS) (during the vote). Members are Conference Report and take out these hei- Cardin Herger Moore Cardoza Hill Moran (KS) advised that there are 2 minutes re- nous provisions. Let’s put safety first. Carson (IN) Hinchey Moran (VA) maining in this vote. Mr. LINCOLN DIAZ-BALART of Carson (OK) Hinojosa Murphy Florida. Mr. Speaker, I yield back the Carter Hobson Murtha Case Hoeffel Musgrave b 1926 balance of my time, and I move the Castle Holden Myrick previous question on the resolution. Chocola Holt Nadler Mr. SOUDER changed his vote from The previous question was ordered. Clay Honda Napolitano ‘‘nay’’ to ‘‘yea.’’ Clyburn Hooley (OR) Neal (MA) The SPEAKER pro tempore (Mr. GIB- Coble Hostettler Neugebauer So the resolution was agreed to. BONS). The question is on the resolu- Cole Houghton Ney The result of the vote was announced tion. Collins Hoyer Northup as above recorded. The question was taken; and the Conyers Hulshof Norwood Cooper Hunter Nunes A motion to reconsider was laid on Speaker pro tempore announced that Costello Hyde Nussle the table. the ayes appeared to have it. Cox Inslee Oberstar Mr. MCGOVERN. Mr. Speaker, I ob- Cramer Israel Obey Crane Issa Olver f ject to the vote on the ground that the Crenshaw Istook Ortiz quorum is not present and make the Crowley Jackson (IL) Osborne point of order that a quorum is not Cubin Janklow Ose ANNOUNCEMENT BY THE SPEAKER present. Culberson Jefferson Otter PRO TEMPORE Cummings Jenkins Owens The SPEAKER pro tempore (Mr. GIB- Cunningham John Oxley The SPEAKER pro tempore. Pursu- BONS). Evidently, a quorum is not Davis (AL) Johnson (CT) Pallone ant to clause 8 of rule XX, proceedings present. Davis (CA) Johnson (IL) Pascrell will resume on one motion to suspend Davis (FL) Johnson, E. B. Pastor The Sergeant at Arms will notify ab- Davis (IL) Johnson, Sam Paul the rules and on three motions to in- sent Members. Davis (TN) Jones (NC) Payne struct conferees previously postponed. Pursuant to clause 8 of rule XX this Davis, Jo Ann Jones (OH) Pearce Davis, Tom Kanjorski Pelosi Votes will be taken in the following 15-minute vote on the House Resolu- Deal (GA) Kaptur Pence order: tion 377 will be followed by four other DeFazio Keller Peterson (MN) H.R. 2359, a suspension; votes. The middle three votes in this DeGette Kelly Peterson (PA) H.R. 6, a motion to instruct; series will be 5-minute votes. The first Delahunt Kennedy (MN) Petri DeLauro Kennedy (RI) Pickering H.R. 1, a motion to instruct; and last votes will be 15-minutes votes. DeLay Kildee Pitts The vote was taken by electronic de- Deutsch Kilpatrick Platts HR. 1308, a motion to instruct, all by vice, and there were—yeas 407, nays 0, Diaz-Balart, L. Kind Pombo the yeas and nays. Diaz-Balart, M. King (IA) Pomeroy not voting 27, as follows: Dicks Kingston Porter Votes on suspending the rules with [Roll No. 569] Dingell Kirk Portman respect to H. Con. Res. 291 and H. Res. Doggett Kleczka Price (NC) YEAS—407 409 will be taken tomorrow. The next Doolittle Kline Putnam three votes will be conducted as 5- Abercrombie Akin Andrews Doyle Knollenberg Quinn Ackerman Alexander Baca Dreier Kolbe Radanovich minute votes. The fifth and final vote Aderholt Allen Bachus Duncan Kucinich Rahall in this series will be a 15-minute vote.