Jimmy Duncan

Mr. DUNCAN

Mr. DUNCAN. Mr. Chairman, will the gentleman yield?

Mr. DUNCAN. Mr. Chairman, I yield myself such time as I may consume. This bill before us today reauthorizes the National Transportation Safety Board, the NTSB, for 3 years. The House needs to move forward with this legislation because the Board's authorization expires at the end of this fiscal year. We are all familiar with the work of the Safety Board. It investigates all aviation accidents as well as accidents in other modes of transportation. The problems it uncovers and the recommendations it makes often lead to changes that make travel safer for us all. The bill before the House now would increase the authorized funding levels for the Safety Board. Currently, the agency is receiving $54 million per year. This bill would increase that amount to $57 million in fiscal year 2000, $65 million in 2001, and $72 million in 2002. These are substantial increases in the second and third years, but the funding levels in these last 2 years are much less than the Board had sought. They seem to be necessary to provide the Board with the employees and the training to keep up with rapidly changing technology. Also, as the agency's budget increases, it is becoming more important that it be subject to the proper level of oversight. Therefore, for the first time this bill will give the Inspector General the authority to review the business and financial management of the NTSB. With this provision, we do not mean to imply that there is anything improper going on. We are merely treating the NTSB the same as other agencies which are subject to Inspector General review. There are several other provisions in this bill worth noting. The first makes clear that the NTSB's jurisdiction over accidents on the navigable waters and territorial sea of the United States extends 12 miles from the coast. This is consistent with Presidential Proclamation 5928 and with the Coast Guard's jurisdiction. The second change authorizes the NTSB to enter into agreements with foreign governments for the provision of technical assistance and to be reimbursed for those services which the NTSB provides. The NTSB requested that this be clarified. The bill would also permit the NTSB to pay time-and-a-half to its employees who work overtime on an accident investigation. These employees sometimes are called unexpectedly to work in difficult conditions during nights and weekends. This provision would fairly compensate them for that. Employees in the private sector usually receive time-and-a-half when they work overtime. However, I know that overtime provisions have been abused at other agencies. Therefore, the overtime provision in this bill is subject to two limitations to ensure that such abuse does not occur at the Safety Board, and it should be done in other agencies. These limitations are that an employee cannot get more than 15 percent of his base yearly salary in any year, and the NTSB cannot pay more than $570,000, or 1 percent of their authorized amount, per year total under this section. Moreover, overtime pay would be subject to an annual reporting requirement to ensure the committee's continued oversight of this issue. The NTSB had requested even more authority in the personnel area but indicated that it was the overtime issue addressed here that it is most interested in. Another important provision, Mr. Chairman, in this bill is the section that ensures confidentiality of video recorders on aircraft and of voice and video recorders on surface vehicles. The NTSB requested this change in case these new technologies are installed in the future. We take no position on whether these recorders should be installed. We merely want to make sure that if recorders are installed, the information on them is used only for safety purposes and not generally released for sensational purposes or to invade the privacy of the operators. The bill once again makes clear that the NTSB safety investigation takes priority over other investigations of the same accident. However, there is a carefully negotiated procedure in the bill for the NTSB to turn over its investigation to the FBI when the FBI notifies the Board that the accident may have been caused by a criminal act. Finally, the bill directs the FAA to install a terminal Doppler weather radar at the former Coast Guard station in Brooklyn, New York. The FAA has already decided that this is needed for the safety of all air travelers but we want to make sure that nothing else holds this up. The need for this provision arose out of our hearing on aviation and weather accidents in July. There it was revealed that the Park Service was objecting to the placement of this equipment which would very much enhance safety at LaGuardia and Kennedy airports. The Park Service has since backed down from its objection, but we want to keep pressure on them to make sure that important safety equipment is installed as quickly as possible. Mr. Chairman, I believe this bill gives the NTSB the tools it will need to carry it into the next century. I urge the House to support this legislation. Mr. Chairman, I reserve the balance of my time.

Mr. DUNCAN. Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, we have had a discussion with the gentlewoman from Texas (Ms. Jackson-Lee) about her concerns. I want to assure the gentlewoman that from our side that we certainly will work with her in every way possible, because all of us, I think on both sides of this House, want to do everything possible to improve truck safety, and especially in regard to trucks that are moving through heavily populated urban areas. So certainly we will try to do everything we can.

Mr. DUNCAN. Mr. Chairman, I yield back the balance of my time.

Mr. DUNCAN. Mr. Chairman, I ask unanimous consent that the remainder of the committee amendment in the nature of a substitute be printed in the Record, and open to amendment at any point.

Mr. DUNCAN. Mr. Chairman, I rise in support of the amendment. Mr. Chairman, as I stated earlier, we feel this system should be installed to enhance the safety of the traveling public, particularly into Kennedy and LaGuardia Airports. We agree to this amendment.

Mr. DUNCAN. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, first I rise and state my very strong support for this resolution and commend the gentleman from California (Mr. Herger) for bringing this to the floor. After I was first elected in 1988, when I first came to the Congress, we were routinely giving 12 and 15 and 18 percent increases to almost every agency and Department. But after President Clinton came into office, a few months later his director of the Office of Management and Budget, Ms. Rivlin, put out a memo stating if we kept going in the way we were going, we would have deficits, yearly losses, of over $1 trillion a year by the year 2010, and between $4 trillion and $5 trillion a year by the year 2030. If we had allowed that to happen, our whole economy would have crashed. Nobody would be able to buy a house; nobody would be able to buy a car. But then control of the Congress changed after the 1994 elections, and we started bringing these increases in Federal spending down to a manageable level of about 3 percent a year, about the rate of inflation. So this resolution is another important step in that direction, and I commend the gentleman from California (Mr. Herger) for bringing this to our attention and to the floor. Mr. Speaker, I also rise for the purpose of engaging the gentleman from California (Mr. Herger) in a colloquy. House Resolution 306 expresses the sense of the House that it should not consider legislation that would spend any of the Social Security surplus. It is my understanding that this resolution is not intended to affect future consideration of the Aviation Investment and Reform Act for the 21st Century, which passed the House by an overwhelming majority in June. This legislation, also known as Air 21, would not spend any portion of the Social Security surplus. Let me emphasize that. Air 21 would not spend any of the Social Security surplus. Rather it seeks to recapture that portion of the on- budget non-Social Security surplus that is attributable to unspent aviation taxes. Therefore, I believe that future consideration of Air 21 would not be prejudiced by House Resolution 306; and on behalf of the gentleman from Pennsylvania (Mr. Shuster) and the Committee on Transportation and Infrastructure, I have been asked to ask the gentleman from California (Mr. Herger), is this also your understanding of the intent of the resolution?

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I have no other speakers at this point, and I reserve the balance of my time.

Mr. DUNCAN. Madam Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 187) expressing the sense of Congress regarding the European Council noise rule affecting hushkitted and reengined aircraft, as amended.

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, let me first of all say I want to commend the gentleman from Minnesota (Mr. Oberstar), the ranking member, for his strong and decisive leadership on this particular issue. As has been pointed out by Mr. Oberstar and several other speakers and myself, this is not a noise issue, it is a trade issue, and one that is aimed squarely and unfairly at the U.S. It could cost our economy as much as $2 billion in a very short time. As several speakers have pointed out, the EU regulation allows noisier European aircraft while banning quieter U.S. aircraft. This is a very good resolution, and I urge all Members to support it. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, this is a very good resolution. I think also a very strong resolution. It targets a European Union regulation that unfairly restricts the use of hushkitted and reengined aircraft in the European Union. The EU seeks to ban these aircraft, which are mostly U.S.-owned, from use beginning in 2002. The European Union claims that the regulation is written to target excessively noisy aircraft. However, its argument ignores the fact that the aircraft it seeks to ban have been modified to meet all U.S. and international noise restrictions. It also ignores the fact that the regulation allows noisier aircraft to operate in Europe than those it seeks to ban. Let me repeat that, Madam Speaker. This regulation by the EU bans primarily U.S. aircraft, almost exclusively U.S. aircraft, and would allow noisier European aircraft than those U.S. aircraft that this rule would ban. The resolution directs the U.S. Government to take all immediate steps available to ensure that the regulation is rescinded as soon as possible. If this is not done, Madam Speaker, the resolution also directs the Department of Transportation to take all available steps to ensure that a dispute resolution petition is filed with the International Civil Aviation Association. We are making a small change in the resolution and directing the Department of State to take a role in beginning the dispute resolution process also. There has been strong interest recently regarding the status of this regulation. The House Subcommittee on Aviation, which I have the privilege to chair, held a hearing on the issue earlier this month. The subcommittee heard testimony about the great chilling effect of the regulation on the U.S. aviation industry. The European regulation has already cost the industry many, many millions in lost hushkit sales. It expects to lose much more in engine and spare parts sales. The estimates are that the industry could lose as much as $2 billion. In fact, some people estimate that the losses already total over 1 billion and that ultimately U.S. industry could lose as much as $2 billion if this European Union regulation is not eliminated. This issue has already been visited by this body at one time. Earlier this year, the House passed legislation sponsored by my good friend, the gentleman from Minnesota (Mr. Oberstar), that would ban the use of the Concorde in the U.S. if the EU regulation was passed. The EU passed its regulation anyway but agreed to defer its implementation for a year. The regulation, though, is adversely affecting U.S. industry even though the EU deferred the implementation of the regulation. Further deferral will only magnify this effect. This discriminatory regulation must be rescinded, and it must be done quickly. I would like to thank the gentleman from New York (Mr. Gilman) and the gentleman from Connecticut (Mr. Gejdenson) of the Committee on International Relations for all their hard work and cooperation on this issue. In addition, the chairman, the gentleman from Pennsylvania (Mr. Shuster), the ranking member, the gentleman from Minnesota (Mr. Oberstar), and the gentleman from Illinois (Mr. Lipinski) have devoted a great deal of time and attention to this issue. I strongly support this resolution, and I urge all of my colleagues to do the same. Madam Speaker I reserve the balance of my time.

Mr. DUNCAN. Madam Speaker, on that I demand the yeas and nays.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would like to, because of the necessity for fast action on this, request that the clerks expedite their processing of the papers in regard to this legislation, and I urge support of all of my colleagues for this very worthwhile and important legislation in regard to our Nation's airports.

Mr. DUNCAN. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill is an extremely important bill to our Nation's airports. The FAA's authority to make construction grants to airports under the Airport Improvement Program expired on August 6 of this year. At that time there was still $290 million available for such grants, but this money could not be spent without a further authorization. Since the expiration of the program, there have been no AIP discretionary grants given out to our Nation's airports. This bill would release the remaining $290 million of AIP funds to those airports whose grant applications the FAA has approved. All of this money comes out of the Aviation Trust Fund, which is entirely supported by passenger ticket taxes and general aviation fuel taxes. The money was assumed in last year's omnibus appropriations bill, so spending it now will not add a dime to the Federal deficit. More than 150 airports in every state in the Nation will benefit from these grants. It is essential that we move quickly on this bill. The fiscal year ends on Thursday, and this bill must be signed into law before then in order for these necessary funds to be released. The Senate passed this bill on Friday, so favorable action by the House now would clear the measure for the President. I would expect the President to sign this bill. The FAA could then begin issuing the grants immediately. Given the late date, it should do this without the usual 3 day prior notification. Mr. Speaker, I urge my colleagues to fully support this bill so that airport grant money will not be wasted. Mr. Speaker, I reserve the balance of my time.

Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S.1637) to extend through the end of the current fiscal year certain expiring Federal Aviation Administration authorizations.

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, last year legislation was enacted establishing a commission to commemorate the 100th anniversary of powered flight. This commission is known as the Centennial of Flight Commission. Its purpose is to conduct publicity and public awareness activities designed to honor the achievement of the Wright Brothers. It was on December 17, 1903, nearly a century ago, that these two bicycle shop owners from Dayton, Ohio, first proved that man could fly. The bill before us now is really technical in nature. It makes some corrections to the Centennial of Flight Commemoration Act passed last year. After that act passed, the Justice Department pointed out potential conflict of interest problems with the commission's structure. In addition, the General Accounting Office has reported that the structure of previous commissions has resulted in mismanagement of funds and excessive hiring of consultants. To correct these problems, the Senate, on August 5 of this year, passed Senate 1072, the bill before us now. This bill removes all executive functions from the commission; it transforms the commission into an advisory commission governed by the Federal Advisory Committee Act; it makes clear that the commission does not represent the United States; it specifies in greater detail the duties of the commission; it allows only the administrators of NASA or the FAA to enter into procurements or other legal agreements on behalf of the commission; it makes clear that the commission employees are Federal employees and restricts private members of the commission from participating in any personnel decisions; it authorize the NASA Administrator, in consultation with the commission, to devise a logo for the commission; and, finally it requires that the members of the commission's advisory board have earned advanced degrees in aerospace, history, or science. I would like to thank the gentleman from North Carolina (Mr. Jones), the gentleman from Ohio (Mr. Hobson), and the gentleman from Ohio (Mr. Hall) for their work in ensuring that this legislation could be brought to the floor today. Their states have a significant stake in the work of this commission; Ohio, because that is where the Wright brothers were from, and North Carolina, because that is where the first flight occurred. Passage of this legislation today will clear the measure for the President and allow the Centennial of Flight Commission to begin the preparations for the commemoration in 2003. I urge the House to approve this bill. Madam Speaker, I reserve the balance of my time.

Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 1072) to make certain technical and other corrections relating to the Centennial of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.).

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the Senate bill just passed, as well as on H.R. 717, the National Parks Air Tour Management Act of 1999, and H. Con. Res. 187, Expressing the Sense of Congress Regarding the European Council Noise Rule Affecting Hushkitted and Reengined Aircraft.

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I urge all Members to support the National Parks Air Tour Management Act of 1999. Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, H.R. 717 is an important bill. It represents an historic consensus among Members of Congress and between the air tour industry, conservationists and Federal regulators. Last Congress, the gentleman from Pennsylvania (Mr. Shuster), the gentleman from Minnesota (Mr. Oberstar), the gentleman from Illinois (Mr. Lipinski) and I as well as several of our distinguished colleagues introduced the National Parks Air Tour Management Act of 1998. This bill passed the House with tremendous support, but unfortunately foundered due to the slot controversy that overwhelmed us at the end of the 105th Congress. This bill strikes a balance between air tour operators and conservationists, Native American interests and jurisdictional divisions between the Federal Aviation Administration and the National Park Service. It brings together groups that started very far apart, Madam Speaker, and is a very good bill because of the compromise that it reaches. The bill promotes safety and quiet in national parks by establishing a process for developing air tour flight management in and around our national parks. It accomplishes this while ensuring that the FAA has sole authority to control airspace over the United States and that the National Park Service has the responsibility to manage park resources. Under this legislation, both agencies will work together to develop air tour management plans over national parks to ensure that these air tours are conducted in a safe, efficient and unintrusive, meaning very quiet, manner. At the same time, these air tour management plans will ensure that both air and land visitors to the park are able to experience the park's natural beauty and natural quiet. I have participated along with many of my colleagues in several hearings over the years on this issue of overflights over our national parks. In 1997, the gentleman from Utah (Mr. Hansen) of the Subcommittee on National Parks and Public Lands and myself held a field hearing on this issue in St. George, Utah. At that time it appeared that it would be extremely difficult to be able to reach a consensus on this matter because everyone was so far apart. However, with resolve and determination, we have worked out our differences and have crafted legislation that is acceptable to all concerned. Finally, Madam Speaker, I would like to acknowledge the hard work and dedication of the National Parks Overflights Working Group. These working group members were selected by the administration and represent the air tour, environmental and Native American communities. Together with the Federal Aviation Administration and the National Park Service, this group negotiated together and came up with a framework for regulating air tours over national parks. I am proud of the efforts made on this bill. The agreements that we reached will ensure that ground visitors and the elderly, disabled and time-constrained traveler may continue to enjoy the scenic beauty of our national parks for generations to come. We have made a few small changes in the bill to ensure that it is consistent with our agreement with the Committee on Resources. This is a good bill. I strongly urge my fellow Members to support it. Madam Speaker, I reserve the balance of my time.

Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 717) to amend title 49, United States Code, to regulate overflights of national parks, and for other purposes, as amended.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on S. 1637 and include extraneous material.