Kay Hutchison

Mrs. HUTCHISON

Mrs. HUTCHISON. I ask for the yeas and nays.

Mrs. HUTCHISON. I ask for the yeas and nays.

Mrs. HUTCHISON. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HUTCHISON. Madam President, there have been a lot of negotiations on this amendment, but I do think we now have a breakthrough and a way forward to solve the unresolved issues and pass a very good FAA bill. In general, the amendment does relax the perimeter rule, with exemptions. There will be five new entrant capabilities--``new entrant'' meaning air carriers that do not serve National Airport now at all--and limited incumbents that have fewer flights from National Airport will get five new slots that will be able to go outside of the 1,250-mile perimeter that has been a standard restriction at National Airport. In addition, there will be seven flights that incumbent carriers can exchange from inside the perimeter to outside the perimeter. Earlier the Senators from outside the perimeter, which is basically west of St. Louis or Denver, have wanted 75 new flights. They came down to 30, then they came down to 21, and now we are at 16. That would be total because the last four would come later, after a study has shown that there would not be disruptions or congestion at National Airport. So I think we have a very limited number of flights that will be coming in to National Airport--a total of 16 but, of those 16, 11 are already flights that go in and out of National. Thanks to the good work of the Senators from Virginia and Maryland, there will be very little increase or disruption in the National Airport area. In addition, although the western Senators negotiated down significantly from what they originally wanted, the Senators from the northwest also wanted to have the capability for more competition and more consumer access, and I agree with them. I think they did a great job. Senator Wyden, Senator Cantwell, Senator Merkley, and Senator Murray also had great concerns, along with the Senators from Alaska, Senator Murkowski and Senator Begich. They had concerns we had to address. And the California Senators most certainly have wanted more access from California, and that is a huge population base that will now have better access to National Airport as well as Dulles. I think that is the outline of the amendment we have just adopted, and we are going to continue to work in conference. The House bill has five new entrants only, and we have 16. We have conversions; the House does not. So there will be a lot of talk and a lot of input, but my goal is to have more competition, to have strengthened air carriers for our overall U.S. air competition, and to ensure that the people west of the Mississippi River have access to National Airport. I think we have made a good start, and I commend all of those who have been involved in a very delicate negotiation. I especially thank my chairman, Senator Rockefeller of the Commerce Committee, for helping us to get to this point where we could pass an FAA bill. As has been mentioned, we are on our 18th short-term extension of FAA, and if we are going to have the next-generation air traffic control system, a modernization of the air traffic control system and the safety requirements, we have to pass the underlying bill. So we have taken a major first step. It is not the end by any means, but it is the beginning of the end. I now recognize Senator Wyden, who was very much a part of resurrecting from the dead, I would say is not too strong a term, the amendment that would have gone by the wayside but for his persistence in ensuring that we could come to terms that would make no one happy but also no one truly unhappy.

Mrs. HUTCHISON. I object.

Mrs. HUTCHISON. Mr. President, until the Senator from Oklahoma is ready to start, I want to say I so appreciate the majority leader working with us, as well as Senator Rockefeller, Senator Coburn, all of the people who have had so many interests in this bill. I think we are finally on the glidepath now, if I can use an aviation metaphor. I am pleased to see that Senator Coburn is on the floor because now I believe we will be able to achieve the passage of this bill after a few votes tonight. I am very grateful to everyone for staying here to finish this important document. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank my colleague, Senator Rockefeller, for the wonderful words about myself, about both of our staffs, and suffice it to say, I think the leadership that comes from the top--Senator Rockefeller, as chairman of the Commerce Committee-- has put together a staff and a mandate for all of us such that we are going to be a productive committee, we are going to work together, and we are going to shoot straight. And that is exactly what our staffs do, and it is what we do. The reason we get along so well and have done so much is that we may not agree on every issue, but we try to help each other in a way that achieves the overall goal we both want. Then we have the room to differ on specific ways to get there. So it is a pleasure to be the ranking member of the Commerce Committee, and I do feel that I am a full partner. Even though I am not the chairman of the committee, I do feel like the vice chairman. So I thank the chairman. I think we have accomplished so much tonight. We haven't passed, on final passage, this bill, but the authorization bill that preceded this one was passed in 2007, and we have had 18 short-term extensions. The FAA runs our aviation system in this country. It is responsible for the safety, it is responsible for consumer protection, and it is responsible for managing the air traffic in this country and managing the fund that helps airports with infrastructure. So short-term extensions don't work in infrastructure and in the areas where there has to be long-term planning. We have been trying to start the process of the long-term planning for the next generation of air traffic control systems since 2007. Tonight, we have passed a major hurdle. The House is going along on the same track to pass an FAA reauthorization, and I believe we will pass the final bill, I hope, before the short-term extension runs out at the end of March. That will be our goal. I think because we have come together on this bill, we have a good chance of doing that. I think having the first major bill on the floor in this session of Congress was a big test, and I want to commend our leaders, Harry Reid and Mitch McConnell, for the way it was handled. Harry Reid let the process work. We had plenty of time for amendments. Senator McConnell was very helpful in ensuring that amendments were not an overload. There was no attempt to filibuster this bill. I think this is the way we ought to proceed for the next 2 years, and I think we have made a great start with this bill. People have had their say, they have had their debate time, and that, I hope, is the way the Senate will resume. I do want to say there were tough issues. The perimeter rule around Washington Reagan National Airport was the biggest sticking point, and it took a lot of give on all sides to assure that the relaxation of the perimeter rule, through exemptions, was done in a way that, I believe, will not hurt any of the stakeholders. I believe there is a balance. I believe we will have more western Senators and their constituents who will be able to have direct access to National Airport. I think we have done right by the airlines that are incumbent carriers at Washington National, and we have made room for new entrants into Washington National, but it was very difficult. I just want to single out a few people who made huge contributions to this success: Senator Kyl from Arizona and Senator Ensign from Nevada. They represented the western interests so well. They know aviation and they knew what we could do and we have made great progress. I will also commend Senator Wyden, from Oregon, and Senator Cantwell, who is going to be the new chairman of the Aviation Subcommittee in the Commerce Committee. They both represented the Northwest and Alaska very well. Senator Begich and Senator Murkowski also did so much to help us thread the needle that would be a balanced bill. Then there was Senator Warner, who also had a different interest and that was to protect his constituents from congestion around Washington National. I think we were able to accommodate the needs of the people who live around National Airport as well, through the leadership of Senator Warner. It took a lot of negotiation to get there. That is why this bill took several weeks to do. I am very proud and pleased that we have done this. I too want to recognize the staffs, without whom none of us could do the research and the detail work that is necessary. I will start with Senator Rockefeller's Democratic Commerce staff. Ellen Doneski runs the Senate majority on the Commerce Committee. She is a joy. She and Ann Begeman, who runs the Republican side, are truly colleagues who can shoot straight. There are never surprises. We trust each other. We don't always agree. The answer is not always ``yes.'' But the answer is straight. That is what you need when you are working together to achieve results. James Reid, on this bill--I didn't know he was funny because, frankly, there hasn't been much fun for the last 2 weeks. But I am glad to know that we have a personality trait that I am going to get to learn. But I did know he is smart. I did know he was very helpful in the capability to work things out with the many amendments and needs of all of our colleagues when it is a big bill. Gael Sullivan, Rich Swayze, Bruce Andrews, and Adam Duffy all helped in this effort. I thank the floor staffs from both sides. They are the ones who are sitting in front of us right now. They have been sitting in front of us about 9 o'clock every night that we have been on this bill. I thank Tim Mitchell, Gary Myrick, Tricia Engle on the majority staff. On our side, I know we couldn't do without Dave Schiappa, Laura Dove, Jody Hernandez, and all the cloakroom staff. Honestly, I have to say the floor staff makes the trains run on time. They also work things out sometimes so we do not even have to do it. I appreciate so much all that you all do. You are the wind beneath our wings. I thank, also, on our side Senator McConnell's staff, Scott Raab, who is the aviation Commerce Committee staff person. We appreciate his efforts to help us keep things on track for the leader. Then my own Senate Commerce Committee staff. This is why I want to say that we have a great Commerce Committee staff, some of whom will be leaving. This may be their final achievement. I am very pleased they are going to leave on such a high. Ann Begeman is the chief of our Commerce Committee staff. As the chairman pointed out, she has been given a great position, a promotion. She has been appointed to be a Commissioner on the Surface Transportation Board. She is going to do a great job. In fact, I think she is accusing us of holding up her hearing because we like her so much. But she is going to, in fact, have a hearing in the next couple of weeks. I know she will be confirmed because everyone who works with her knows what a great manager and a great leader she has been on our staff. I want to thank Brian Hendricks. Brian was described by the chairman as quietly effective--and we all started laughing on the back bench because Brian is a tiger. We need his brilliance and his tenacity in all of the major things we do on the Commerce Committee. In fact, Brian is going to be the new incoming Chief of Staff of the Republican Commerce Committee when Ann Begeman takes her new position at the Surface Transportation Board. He has earned this by leading us through some of the toughest times, not only this bill, where he was a help, but also taking the lead on the NASA bill that we also passed through our committee. The NASA authorization bill, that was passed through the Commerce Committee through the leadership of Brian Hendricks of all of us on the Commerce Committee, is saving America's position in space exploration. We could not have done it without Brian Hendricks. I will never forget the contribution he has made to America. He is going to be with us for a long time to come as well. Jarrod Thompson was the lead on this bill. As the chairman said, we could not have done it without Jarrod. He knows aviation backward and forward. There is not a question that was ever asked about what the rules were, what the law was, who was at every airport--he knew. He has been the aviation committee clerk through the relaxation of the Wright amendment restrictions around Love Field and DFW Airport. When we started on this bill and we got to the perimeter rule at Washington National, it was as though Jarrod Thompson had been through this before. He knew what restrictions were and how you could ease them in a balanced way. It was in fact Jarrod who came up with the way forward when we were at a complete impasse at 9 o'clock last night. He is essential to our team as well. Nick Rossi, a very important part of our staff, is also getting a promotion. Susan Collins has stolen him from our staff to make him Staff Director at Homeland Security. We never argue when people are promoted. We will miss him very much because he has been an invaluable member of the Commerce Committee staff. He will do a great job running the Homeland Security Committee, the Republican side of that committee staff. Patrick Mullane is going to be moving over to the Budget Committee. He was a great help. He knows transportation backward and forward. Todd Bertoson is a great member of our team who is staying with us and will continue to contribute so much with his expertise in marine and ocean, which is another part of our Commerce Committee jurisdiction. I am very pleased we have been able to achieve a great bill that I know is taking us the next step toward the reauthorization bill that is going to put the FAA, our air traffic control system, our consumer protections, and our safety in the place where they ought to be. I thank the chairman for his leadership and I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HUTCHISON. Mr. President, I have a modification of my amendment at the desk, and I ask for its immediate consideration.

Mrs. HUTCHISON. Mr. President, I suggest the absence of a quorum.

Mrs. HUTCHISON. Madam President, we now have, I think, a glidepath to passing this important legislation. We worked late into the night, Senator Rockefeller and I did, to try to accommodate needs, concerns, amendments of Members. Now we have the cloture motion in play and hope we can come to a real agreement on the Reagan Airport perimeter issue so we could even do it before cloture is invoked--but hopefully, if we are not able to come to a complete agreement, we would at least be able to get cloture and move on. I hope our Members know we are going to continue to work to address everyone's concerns. We have concerns of western Senators and concerns of Senators within the Washington, DC metropolitan area. We have small community concerns and we have eastern seaboard community concerns. We have been working for years, actually--but months and then weeks to address concerns. We are open to do that. But it is time to wind this bill up so we can go to conference with the House with a strong Senate position and do the big picture policy issues that need to be addressed. We must have the next generation of air traffic control started. We must have a satellite-based system that is for the whole world--for the people coming into our country and the people using our airspace. We need to have the safety and the consumer protections that are in this bill. We need to have a responsible way for people from all over our country to come into Reagan Washington National Airport while also protecting the people around the area from congestion. We have a lot of concerns. I think this is a good bill and it is getting better every day. I do think we can come up with the right mix that will put our aviation system in the forefront of the world because half of the air traffic of the world comes into and out of the United States. We certainly need to be the best and that is what this bill will put us on the glidepath to do. I yield the floor and suggest the absence of a quorum.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I too wish to say I support the Nelson amendment and appreciate his working with the Intelligence Committee and the Judiciary Committee to assure all the bases are covered. I will be supporting it as well.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HUTCHISON. Mr. President, we are working very hard to have an amendment on the perimeter rule that would accommodate all the concerns of western Senators who do not have easy access to Reagan Washington National Airport and the concerns of the Virginia Senators who are concerned about congestion and other Senators from the Far West who want to try to have a better chance at a direct flight. Senator Rockefeller and I have filed an amendment that we think is a fair approach. We did this because we did not have enough consensus, and we are trying to drive that consensus. So I would like to ask that the amendment be brought up. It is our intention then to set it aside for Senator Nelson's amendment, which is scheduled for a vote. I have informed everyone that I am going to ask the Chair to call up amendment No. 84, the Rockefeller-Hutchison amendment on the perimeter rule.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent to have 1 minute to respond to the objection.

Mrs. HUTCHISON. Mr. President, the reason for the conversions was to accommodate the needs of the Washington National Airport people and to also understand that the incumbent carriers--of which there are four-- have mostly paid the lion's share of the cost of the additions to Washington National Airport. We do want a fair process. That is why we have separated the new entrants, which would be five, to accommodate carriers that have no presence but also have conversions of flights that are already in place, so there would be fewer new flights into Washington National and there would be a fair process with the incumbent carriers who have paid such a lion's share of the cost at the airport to keep it competitive and fair. So, with that, we will continue to discuss. We hope we will have an amendment that can be voted on, and I think it is imperative that we vote on this issue so there is a Senate position. Mr. President, I yield the floor. Amendment No. 58

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I suggest the absence of a quorum, and I ask unanimous consent that the time be charged equally.

Mrs. HUTCHISON. Mr. President, I will take such time as I may consume, and I am sure Senator Paul will be here shortly. Mr. President, the Paul amendment does reduce the aggregate authorized spending level to the amount appropriated in fiscal year 2008. So basically it is going back to the 2008 levels. I am going to support the amendment because I think we have to make a start at cutting back on spending in every area of government that is discretionary and where we can make responsible cuts. However, I do want to say that the better approach, in my opinion, would be to have an overall cap on spending at the 2008 levels and then pick the priorities we must fund and take away the lesser priorities for government funding. I believe we need a more measured approach on infrastructure spending. In the case of the FAA, I would point out that the agency is funded through a mix of aviation trust fund dollars and general fund dollars. Specifically, three of the four main accounts in the FAA budget-- airport improvement, facilities and equipment, and research--are paid for entirely by the aviation trust fund. The aviation trust fund is funded by revenue from various users of the U.S. aviation system through taxes and fees on the industry. So all capital investment in aviation infrastructure is paid for by the users of that infrastructure. The fourth account--operations--is then funded partially by the aviation trust fund and partially from the general fund. So as we move toward conference, I think we need to make sure infrastructure projects that increase airport capacity, improve safety, increase the efficiency of our aviation system, and modernize our air traffic control system are adequately funded. This should be especially true when the revenues used to pay for these projects are paid for by the users of the aviation system. I am certainly committed to restoring fiscal responsibility. I think we have to choose the strategic places where we must invest to ensure our infrastructure serves the needs of our people. I believe Congress would be much wiser to have an aggregate discretionary spending cap and then allow us to debate the priorities that would be funded under that cap. But that means doing business not as usual. It means we don't take each bill individually, each department and agency individually. It means we set an overall cap for Federal spending and then decide which places in which agencies should be well funded and which ones should take a pass for the present until we get our fiscal house in order. So I am going to support the Paul amendment, but I do believe we need to have a more systematic approach going forward and fund what needs to be funded. And I do believe FAA, aviation security, aviation infrastructure and efficiency in our air traffic system should be funded. But I think we have to do it in a bigger picture than each individual bill that is going to go through here, and I ask my colleagues to think about a better approach going forward than this type of amendment. Mr. President, I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I send a cloture motion to the desk.

Mrs. HUTCHISON. Mr. President, I send a modification to my second- degree amendment to the desk and ask that the amendment be so modified.

Mrs. HUTCHISON. Mr. President, I have a second-degree amendment to the Inhofe amendment at the desk, and I ask for its immediate consideration.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mrs. HUTCHISON. Mr. President, the amendment that is now pending, for which we have a cloture motion, is what we are going to try to continue to work on and hope that we can come to a consensus on the issue of the perimeter rule that has caused so much of this bill to be held up. This is a good bill. This is a bill that is going to give America the opportunity to start the next generation of air traffic control systems. It is a bill that we must begin now if we are going to go to a satellite-based system which will free airspace and make our air system work more efficiently for aircraft in the air. It has safety provisions. It has consumer protection provisions. It is so important that we also accommodate the needs of all of our country, the constituents we have, to have an airport system that works--especially in the Washington area. We will be able to debate this amendment as we go through the next few days. We are waiting for other amendments to also be debated on the floor. But I have stood very firm in saying we need a bipartisan solution to access to the Nation's airport in Washington, DC. It is located in Virginia, but it is the Washington, DC-near airport, and all of the airports in this area now have a robust business. It is time for us to deal with this in a rational, bipartisan, and responsible way. That is what Senator Rockefeller and I have attempted to do, and we will continue to do so. I yield the floor. I suggest the absence of a quorum.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I am fully in support of what the chairman has said. We have been on this bill now for over a week of actual Senate time. It is an important bill for our country because we are trying to set in place the next generation of air traffic control. America has over 50 percent of the air traffic in the world. We need to be the leader of the next generation of air traffic control systems. We are trying to transfer from the ground- based radar system to a satellite-based system. It will be more efficient. It will open many more opportunities for airspace. We need to be able to move forward so that more planes can use the airspace we have. Yet we are finding a reluctance to vote on amendments. There are several amendments that are pending. We need to have votes on those amendments. There are safety measures; there are consumer protection measures in this bill. The chairman and I have worked together on making progress because we both want to pass this bill. It is a good bill. The sticking point is the slots at Reagan National Airport. Honestly, the chairman's staff and my staff have worked with all of the affected airlines and States and constituents to try to come to a fair opening of Washington National Airport to people who live west of St. Louis, MO. Basically, west of St. Louis, there are very few straight flights from Washington National. Most of them have to stop. So we are trying to gradually add to the capabilities for people who live out West to come into Washington National Airport, but we are also trying to keep the people who live around the airport from having undue noise or undue traffic or congestion at the airport. So we are trying to come up with a fair system. But, to be honest, the sides are not giving. There is a western Senator position. There is a Virginia Senator position. There is a far- Alaska, far-west position. And nobody is giving an inch. Well, it is kind of hard to negotiate when you keep putting things out there, which the chairman and I are doing, and we get no response but ``I want everything my way.'' Well, ``everything my way'' is not going to work. We are facing a deadline now where possibly we won't be able to get a vote. I think that would be very bad for the western half of the United States because I think they are being unfairly kept out of access to the convenience of the airport to the Capitol and to downtown Washington. So I hope the sides will meet and come together with something that accommodates all of the needs and concerns, and I hope we can pass this bill this week. I think both the majority leader and the Republican leader are in support of the bill going forward. So we need to get our amendments up, get them voted on, and let's try to make progress. Thank you, Mr. President. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Madam President, while Senators are getting ready to speak, we have made good progress on the bill. Amendments are now coming in. Cloture is going to be filed Monday, so we need to have all the relevant amendments in by then. I support the Nelson of Florida amendment on which we will vote at 10:30. We agreed last year, in a preconference meeting, that the amendment he has to drop language from the bill would be dropped. I support the amendment. The NASA Reauthorization Act has intervened, and that is the law of the land. It was passed unanimously by the Senate. I believe the Nelson of Florida amendment is a good one. I yield the floor.