Steve Cohen

Mr. COHEN

Mr. COHEN. Mr. Chair, I yield myself such time as I may consume. Since the beginning of the pandemic, we have seen a spike in the number of mass flight cancellations and significant delay events. Some of these events were not completely attributable to the airlines. The acceleration of the number of worker retirements during the height of the pandemic affected every industry's workforce, and many of the airlines were understandably not prepared for the massive increase in air travel demand as the effects of the pandemic started to dissipate. This led to the rise in significant delays and cancellations that have affected passengers over the last several years. This also underscores the importance of the Department of Transportation accurately reporting the on-time performance of flight delays and cancellations so consumers will have a full and accurate picture of what to expect when traveling. Unfortunately, this amendment would restrict airline service quality performance reporting by removing a host of critical reporting elements. For example, the amendment would remove airlines' requirements to report delays due to vendor computer outages, including cybersecurity attacks. I know I would like that to continue to be reported, and I assume most of my colleagues would, as well. This amendment would also remove airlines' requirements to report delays due to crew availability related to hours flown, rest periods, and on-duty times not caused by a carrier. This is something Federal regulators need to understand in order to make effective policy. Further, this amendment will move airlines' requirements to report delays due to an unscheduled engineering or safety inspection. Again, I want to know when this happens because this is potentially critical information to inform an airline safety management system and can help the FAA understand whether the safety management system is working effectively. The amendment would also remove the reporting of public health issues so airlines wouldn't need to report delays due to the COVID-19 pandemic or other pandemics in the future. That kind of data helps both Congress and the public health officials take measured and appropriate action to potentially help airlines in times of financial need. Accurate and comprehensive data is critical to helping this Congress and the Department of Transportation make good policy and take appropriate action. It helps us to take informed steps to improve the passenger experience, identify root causes for trends and delays, hold airlines accountable for what is in their control, and target fixes elsewhere for things outside of the airlines' control. This amendment would significantly reduce the granularity of data collected. While I am happy to work with Representative Kean to determine a fair and reasonable way to report airline statistics regarding significant delays and cancellations, I have to oppose this amendment. Mr. Chair, I reserve the balance of my time.

Mr. COHEN. Mr. Chairman, I demand a recorded vote.

Mr. COHEN. Mr. Chairman, I demand a recorded vote.

Mr. COHEN. Mr. Chair, I claim the time in opposition to the amendment.

Mr. COHEN. Mr. Chair, this amendment would add animal feeding operations and meat and food processing facilities to a growing list of sites over which the FAA will restrict drone flights. These restrictions that currently exist are intended to be used for facilities where overhead drone activity would present a potential public safety and security concern--critical infrastructures like energy and oil facilities and State prisons. There is no practical reason why animal agriculture facilities should qualify for this kind of restriction, particularly when having that restriction might endanger energy and oil facilities. These facilities do not involve sensitive or potentially hazardous operations as energy and oil facilities and State prisons do. These restrictions already exist to ensure the safety of such facilities, facility workers, and the public. The designation is not intended to be used to inhibit First Amendment rights, protect intellectual property, or help facilities avoid accountability. Allowing such exceptions is a slippery slope in restricting First Amendment rights as the national airspace is public space. This would delay FAA rulemaking to create these public safety restrictions by several months or years, sacrificing public safety to shield meat processing facilities and possibly endangering time that could better be spent with energy and oil facilities and State prisons. I urge Members to side with public safety, energy and oil facilities, and State prisons and vote ``no'' on this amendment. Mr. Chair, I reserve the balance of my time.

Mr. COHEN. Mr. Chair, I will close in reciting the previous argument that this is not about protecting public safety and that First Amendment rights would be violated. I looked back to see my crowd here, to see how we would win this voice vote, and it looks very daunting. I feel a little bit like Davy Crockett at the Alamo. Nevertheless, I continue to voice my opposition, and I ask my colleagues who are here to vote ``no.'' Mr. Chair, I yield back the balance of my time.

Mr. COHEN. Mr. Chair, I demand a recorded vote.

Mr. COHEN. Mr. Chair, I reiterate my opposition. I urge a ``no'' vote, and I yield back the balance of my time.

Mr. COHEN. Mr. Chair, I demand a recorded vote.

Mr. COHEN. Mr. Chairman, I claim the time in opposition to the amendment.

Mr. COHEN. Mr. Chairman, I oppose the amendment, which directs the FAA to issue an interim final rule to allow restricted category aircraft to be used to transport firefighters to and from wildfire sites and other conforming changes. While I support the intent of helping firefighters, this amendment is not the way to do it. In fact, if we are talking about firefighters, a firefighter lost his life in Memphis today fighting a fire. Several were injured, and we hope they will recover quickly. It is a difficult profession. Restricted category aircraft are certified by the FAA for only very specific types of missions. Many of them are aircraft specifically built for military operations. This amendment would create a shortcut for manufacturers interested in selling aircraft. However, the aircraft are not certified to the safety standards needed to carry passengers. This is an attempt by one manufacturer to create a domestic market for its aircraft without going through the FAA safety certification process. That is just not cricket. Furthermore, interim final rules are only issued in situations where a regulatory process or requirement is clearly and directly creating a safety or security hazard. There are multiple paths for this aircraft to be put to good use in helping firefighters, and manufacturers should follow those processes. Congress should not be writing safety loopholes for companies to sell aircraft that potentially put our Nation's firefighters at risk. I stand with our firefighters. Mr. Chairman, I oppose the amendment and reserve the balance of my time.

Mr. COHEN. Mr. Chair, let me put my colleague's mind at rest. I don't intend to call for a roll call. I will oppose the amendment, but I do not intend to call for a roll call. Mr. Chair, I yield back the balance of my time.

Mr. COHEN. Mr. Chair, reform, not repeal is what we should be looking for. Essential Air Service is a critical transportation lifeline for many rural communities. It was put in place to guarantee small communities maintain a minimum level of air service. The most important State is Alaska, where the majority of surface transportation is not passable year-round. Alaskans rely heavily on air travel to stay connected. This would be an economic disaster for the State. There are currently approximately 60 communities in Alaska alone, and another 110 in the lower 48, that depend on service through EAS. As a friend of Don Young, Mary Peltola, and the Alaskan people, I ask Members to vote ``no'' and to continue EAS service to the people of Alaska and others in rural areas that need it. I oppose the amendment.

Mr. COHEN. Mr. Chair, I respectfully claim the time in opposition to the amendment.

Mr. COHEN. Mr. Chairman, this would require the FAA to submit a report on flight records for the Secretary of Transportation for the previous years. Obviously, as the gentlewoman indicated, it is about Secretary Buttigieg who, I think, has done an outstanding job as our Secretary. This amendment provides no benefit to the FAA. They already know where he has been going, and it would be a waste of the administration's limited time and resources. In fact, there is no reason to think that his flights haven't been for reasons that benefit the United States and the Department of Transportation. Now, if the amendment was something about Senators leaving their States during emergency climate events and going to Acapulco, or to wherever it was in Mexico, I could agree to it, maybe. But that is not what it is about. There is no basis as to why this report should be needed. There are many pressing issues the FAA should dedicate its attention toward in this reauthorization, and the gentlewoman's amendment would detract from those efforts. To that end, I urge my colleagues to oppose this amendment which has no basis in fact concerning anything Secretary Buttigieg may have done in any way improper. Mr. Chairman, I reserve the balance of my time.

Mr. COHEN. Mr. Chairman, it was Cancun I was trying to think of. So if the amendment dealt with Cancun when Texas was having a climate emergency, that is a different situation, and people might need to know about that. But Secretary Buttigieg, there is no reason to think he has done anything wrong whatsoever, so there is no basis behind this amendment, no fact basis. It is just conjuring up something, and that is why I continue to oppose the amendment. I urge my colleagues to oppose the amendment because it would be a waste of FAA time, and it is certainly something that is intended to sully the name of our distinguished Secretary of Transportation who has done an outstanding job. I think the time that the airlines were closed down was because of the modems. It didn't have anything to do with the Secretary of Transportation, or even the FAA. Mr. Chairman, I yield back the balance of my time.

Mr. COHEN. Mr. Chairman, I claim time in opposition.

Mr. COHEN. Mr. Chairman, I would say that this amendment which prohibits funds from this Act being used to hire any diversity, equity, and inclusion officials or conduct DEI training is unnecessary, inappropriate, and failing our system. It is interesting that it follows the amendment that would look into and suggest that Secretary Buttigieg has done something wrong. As our Nation works toward long-term economic recovery, it is critical the educational and career opportunities in the aerospace industry be available and accessible to all Americans. It doesn't say that people who aren't the most qualified would get hired. DEI just says people would get opportunities which they may not have had in the past, and there might be systems in place that do not allow people who are diverse, who need to be included, inclusive, and gives them an opportunity and equitably get the job just because of their appearance. It means that they don't get discriminated against. The U.S. aerospace industry is taking initial steps to diversify its workforce through the creation of flight training academies, apprenticeships, and other career pathway programs, but more can be done. The underlying bill robustly invests in the FAA's aviation workforce development programs to support the education and recruitment of aviation jobs, including for communities underrepresented in the aviation industry. I represent the Ninth Congressional District in Tennessee, which is a minority-majority district. A lot of minorities are not in aviation jobs. They can perform those jobs and do great jobs, they just haven't been given the opportunity over the years, and they need to have opportunities to see that this is a place that they can look to to be a pilot and to earn a good living and to have a good job. DEI programs would help. This amendment ties the hands of the FAA and its outgoing educational, recruiting, and retention plans by prohibiting the hiring of a DEI officer or conducting DEI training, regardless of whether the FAA believes that this will result in the best possible results for the aviation workforce. Again, I oppose this amendment. I urge a ``no'' vote, and hope that all Americans can have an opportunity to get good-paying jobs. Mr. Chairman, I reserve the balance of my time.

Mr. COHEN

Mr. COHEN. Mr. Chair, firstly, I would like to go ahead and extend to all the leadership that produced this bill my thanks: Chairman Sam Graves, Ranking Member Larsen, and Subcommittee Chair Garret Graves, our self-professed passenger. This is an outstanding, bipartisan bill. It is what the American public wants, what it needs, and we need to pass this. If the House Committee on Transportation was a microcosm of Congress, we would have the highest ratings Congress has ever seen. We worked together on this bill. As the ranking member of the Subcommittee on Aviation, I appreciate the opportunity to work with this leadership team and the whole committee and the staff to produce this bipartisan bill, which we hope we can pass by the September deadline. The legislation is vital in the continuity of the U.S. aviation industry. It helps ensure aviation safety, infrastructure, and workforce development programs remain top priorities at such a critical juncture. Our Nation is bound together by aviation, business and passenger, as well. This legislation addresses several key priorities of mine: improving airport infrastructure investments; enhancing aviation safety; protecting consumers, especially those with disabilities; addressing environmental resiliency; ensuring the safe operation and integration of unmanned aircraft systems and advanced air mobility aircraft; and improving the development of the U.S. aviation workforce, especially in minority communities. I am especially pleased to see several of my amendments included herein. There is language to assist airports that faced financial adversity due to reclassification from small to medium hubs, including the Memphis International Airport. There are provisions from the Safe Aviation Flight Enhancement Act that was introduced with my friend from Tennessee (Mr. Burchett) to address flight data recovery for aircraft used in extended overwater operations and cockpit voice recorders. There is language developed with Senator Blumenthal directing the FAA to complete its rulemaking on a minimum seat size, as mandated by our SEAT Act from the 2018 FAA reauthorization law. There is language developed with Senator Lujan regarding aircraft cabin temperature standards. There are provisions from the Emergency Vacating of Aircraft Cabin Act that was introduced with Senator Duckworth to improve Federal evacuation standards. The Mobility Aids on Board Improve Lives and Empower All Act that I introduced with Representative Stauber and Senators Duckworth and Thune would improve air travel for passengers with disabilities, notably passengers who use wheelchairs and other mobility aids. The Prioritizing Accountability and Accessibility for Aviation Consumers Act that I introduced with Representative Fitzpatrick and Senators Duckworth and Fischer is on disabilities, as well. As you can see, I work with folks from both sides of the aisle and both Houses. That is what we needed to do, and that is why this bill is good and why it is going to pass. Mr. Chair, the bill also addresses consumer concerns relating to reimbursements when there are significant delays or canceled flights, family seating, and airport infrastructure resiliency as well as airline operational resiliency plans. All of the above are steps in the right direction to not only protect and accommodate passengers with equity in mind but also to ensure the longevity of the U.S. aviation industry.

Mr. COHEN. Mr. Chair, I would just reiterate the fact that this will add additional burdens to the FAA. They would have to independently verify every single NOTAM. The FAA is already overburdened with work, and they need more and more folks there to make our civil aeronautics system work properly. The amendment would conflict with recommendations just passed a few months ago by the NOTAM working group for improvement of that act, and that was passed just 2 months ago. So I have to cite those same reasons for opposing the amendment. Mr. Chair, I continue to oppose the amendment, and I reserve the balance of my time.

Mr. COHEN. Mr. Chair, I rise in opposition to the amendment filed by Mr. Issa.

Mr. COHEN. Mr. Chair, I oppose this amendment which would require the FAA to make an independent assessment of each notice to air mission, or NOTAM, request from a non-Federal entity. Many NOTAMs are simply for general awareness, a temporary crane has been erected in controlled airspace, or a runway at an airport with no traffic control tower being repaved. Some NOTAMs increase airspace awareness for pilots in the area alerting them about drone operations or balloon flights--some of them from China. Some of them result in actual flight restrictions, like over sports stadiums during NFL and MLB games or when a concert is going on. Sometimes FAA requires an operator or an airport to file a NOTAM prior operation in order to provide safety information for other airspace users. These are submitted through a special controlled access system. NOTAMs are issued for all kinds of reasons. As we all know from the NOTAM system outage earlier this year, there are many of them, which can be a blessing, and it can be a curse. For example, French Valley Airport, which is a small county-owned public use general aviation airport in Riverside County, California, currently has 80 active NOTAMs within a 10-mile radius. There are tens of thousands of big, medium, and small airports and heliports all over the country--consider the magnitude of bureaucracy this amendment creates. Requiring the FAA to independently verify every single NOTAM would bring an already cumbersome system to a complete standstill. NOTAMs keep pilots safe. This amendment would create an enormously burdensome process to get NOTAMs issued. Finally, this amendment will very likely conflict with recommendations from the NOTAM working group created by the NOTAM Improvement Act that this Congress passed 2 months ago. Mr. Chair, I urge all Members to vote ``no,'' and I reserve the balance of my time.

Mr. COHEN. Mr. Chair, may I inquire as to the time remaining.

Mr. COHEN. Mr. Chairman, Mr. Issa is a worthy adversary, but it is still 40-love. Mr. Chair, I ask everybody to vote ``no,'' and I yield back the balance of my time.

Mr. COHEN. Mr. Chair, I demand a recorded vote.