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“THE FEDERAL AVIATION ADMINISTRATION REFORM ACT OF 1995” mentioning the U.S. Dept. of Transportation was published in the Extensions of Remarks section on pages E1050-E1051 on May 16, 1995.
The publication is reproduced in full below:
THE FEDERAL AVIATION ADMINISTRATION REFORM ACT OF 1995
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HON. JAMES L. OBERSTAR
of minnesota
in the house of representatives
Tuesday, May 16, 1995
Mr. OBERSTAR. Mr. Speaker, I am pleased to cosponsor H.R. 1392, the Federal Aviation Administration Reform Act of 1995, introduced by our colleague, Jim Lightfoot. Congressman Lightfoot's bill makes important reforms which will enhance FAA's ability to carry out its responsibilities, while preserving FAA's basic structure which has enabled the agency to become the world's finest. Although I have reservations about some provisions in the Lightfoot bill, overall it is a major contribution to our effort to reform the FAA.
I strongly support the provisions in H.R. 1392 which would take FAA out of the Department of Transportation and make FAA an independent agency. This reform has been supported by 10 of the 11 living former Administrators of FAA. The strong support of the former Administrators should be given great weight, in view of their distinguished careers in the military and private sector, and the fact that they served our a period of more than 30 years, under Presidents of both parties, from John F. Kennedy to George Bush.
As the former Administrators have pointed out, FAA's responsibilities to develop the aviation infrastructure and to ensure aviation safety and security are basically technical in nature. FAA's skilled professionals are well equipped to carry out these responsibilities, without second guessing from political appointees at the Department of Transportation.
I have observed DOT's oversight of FAA for many years. DOT's review often does little more than delay important decisions. In some instances, DOT overrules sound FAA decisions, on ideological grounds, or to gain short term public relations advantages.
I would also emphasize that all 11 of the living former Administrators strongly opposed a reform which is not in the Lightfoot bill, but has been proposed by the Department of Transportation; to split FAA into a quasi-public corporation, like the Postal Service, for air traffic control and a rump FAA to regulate the corporation and carry out FAA's other responsibilities. In hearings before the Aviation Subcommittee, Najeeb Halaby, FAA Administrators from 1961 to 1965, testified that: ``Corporatizing part of the FAA could disintegrate the present comprehensive system of safety which has served the nation so well. It would result in potential serious conflict between the new corporation, the NTSB and the DOT/FAA. Since the proposed corporation would be a monopoly, it would not achieve the savings of free competition. Since it would be a federal corporation, the public would not consider that federal employees really had been reduced or true savings achieved. . .''
Administrator Halaby's statement was specifically endorsed by all 11 former Administrators.
The Lightfoot bill makes important reforms in the laws and regulations governing FAA's procurement of equipment and FAA's relationship with its skilled work force. FAA is now governed by burdensome procurement laws and regulations which have slowed FAA's program to modernize the air traffic control system. Equally burdensome laws and regulations on personnel have limited FAA's ability to recruit scientific and engineering professionals and to fully staff air traffic control facilities in high cost of living areas. The Lightfoot bill adopts a balanced approach to these problems by giving FAA flexibility to develop its own procurement and personnel systems, while retaining an opportunity for Congress to review these programs before they are implemented. Congress would also review the new personnel and procurement programs in the year 2002 when they would need to be reauthorized. The personnel and procurement reform programs developed under the Lightfoot bill would not only benefit FAA, but would also provide important data for reforming these processes for other Government agencies.
I am also supportive of the provision in the Lightfoot bill which gives the FAA Administrator a 7-year term in office. In recent years, Administrators have often served for 2 years or less. This is not enough time to ensure that needed reforms are implemented. The turnover in Administrators has caused reform to proceed by fits and starts, and prevented a sustained, consistent approach. Last year we passed legislation giving the Administrator a 5-year term in office. A 7-year term would be even better.
I have reservations about the provision in the Lightfoot bill to establish a panel to consider innovative financing mechanisms to ensure adequate funding for aviation infrastructure needs. We do not need a panel to discover that the basic problem is that the more than $5 billion a year generated by excise taxes on aviation system users, such as the 10 percent tax on airline passengers, is not being fully spent to develop the aviation infrastructure. The failure to fully spend these revenues is a breach of faith with aviation users. The taxes were imposed in 1970 for the purpose of financing the airport and airway trust fund which supports development of the air traffic control system and airports. In recent years, the user contributions have not been fully spent, but have been used to reduce the deficit in the general budget. The cumulative amount of taxes which has not been spent now totals more than $3 billion. A critical step in overcoming this problem is to pass H.R. 842, which would take the trust fund out of the budget process and permit all funds contributed by users to be spent for the intended purpose of developing our Nation's airports and air traffic control system.
Overall, I believe that the Lightfoot bill makes a major contribution to FAA Reform. I look forward to working with Congressman Lightfoot and my colleagues on the Committee on Transportation and Infrastructure to develop an FAA reform bill which will ensure that [[Page E1051]] we will continue to have the world's finest aviation system.
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