John McCain

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that the Santorum amendment be withheld at this time. That will leave us with the Harkin amendment, to my understanding.

Mr. McCAIN. Mr. President, I suggest the absence of a quorum.

Mr. McCAIN. This is an amendment on behalf of the Finance Committee to make sure all authorizations here are in line with the jurisdiction and proper authorization responsibilities of the Finance Committee. I urge its adoption. Mr. President, I urge adoption of the amendment.

Mr. McCAIN. Mr. President, I ask unanimous consent to vitiate the yeas and nays on the Specter amendment.

Mr. McCAIN. Mr. President, as far as I can see, we are waiting for Senator Santorum, who has a pending amendment, according to the unanimous consent agreement. Then there will be a Finance Committee amendment after the disposition of that amendment. I suggest the absence of a quorum.

Mr. McCAIN. Mr. President, I ask unanimous consent, with the agreement of both sides, that Senator Stevens be recognized to offer one final amendment.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCAIN. Mr. President, I propose an amendment on behalf of Mr. Grassley and Mr. Baucus and others. I ask for its immediate consideration. I send the amendment to the desk.

Mr. McCAIN. Mr. President, I ask unanimous consent that the vote on the Lott second-degree amendment take place at 5:45, immediately followed by either a voice vote or recorded vote on the underlying Specter amendment, followed by final passage.

Mr. McCAIN. Mr. President, I ask unanimous consent that with regard to the amendment that was proposed on behalf of Senators Inouye and Voinovich, that Senator Voinovich's name be deleted from that amendment.

Mr. McCAIN. Mr. President, I understand we are waiting for the possibility of one other amendment. Other than that, we will be prepared, at the discretion of the leaders, to vote on the second- degree amendment to the Specter amendment, and then we would be prepared to go to final passage. In anticipation of that, I would like to thank all who have been involved with this legislation, and specifically my dear friend from South Carolina. He and I have worked side by side for many years on many issues that have come before the Commerce Committee. I thank him for his usual extreme courtesy, consideration, and efficiency. I thank the staff on both sides for their excellent work. Also, I thank Senators Lott and Rockefeller who really did the hard labor in bringing this legislation to the floor of the Senate. Senator Rockefeller and Senator Lott worked assiduously during numerous hearings with a full appreciation and understanding of the impact this legislation has on the United States of America. I thank all of them. Again, I thank our loyal staff for all the great work they have done. I look forward to swift passage of this legislation. I yield the floor.

Mr. McCAIN. Mr. President, if my friend from Mississippi would not mind, the Senator from Wyoming has a brief statement counter to the Lautenberg amendment. So that we can be agreeable, I ask unanimous consent that immediately following the Senator from Wyoming, we set aside the Lautenberg amendment for the purpose of the Senator from Mississippi proposing an amendment.

Mr. McCAIN. Mr. President, I will not bother with the entire letter except to say that the administration strongly supports passage of the bill. It talks about all the good things which will happen as a result of the bill, most of which we have already covered. I am sure we will cover it again. But it also says the administration is aware that an amendment may be offered to S. 824 that would inappropriately prohibit conversion of any FAA facilities or functions from the Federal Government to the private sector. They say that such restrictions are unnecessary and would hinder the FAA's ability to manage the air traffic control system; and, if such an amendment were included in the final legislation presented to the President, his senior advisers would recommend that he veto the bill. I very much dislike having all the work that has been done on this legislation for literally months be negated by one amendment. Although it may be emotionally an important issue, I would hate to see that provision destroy all the hard work and important programs that are included in this bill. I don't know what the plans are for the other side. We would obviously like to have a vote on the Lautenberg amendment. I think there are negotiations going on and conversations concerning that. In the meantime, I note the presence of the Senator from Texas. I yield the floor.

Mr. McCAIN. Mr. President, I suggest the absence of a quorum.

Mr. McCAIN. Mr. President, this is a sense-of-the-Senate amendment. Frankly, I would like to see it in law, but I am not sure whether it would be constitutional and in keeping with existing law. Basically, it says that the airlines should do whatever they can to make sure that members of the Armed Forces can get the lowest fare even if they are late; that they will offer them the lowest fare available; and that when there are cancellations or other reasons they have to change their travel plans, the airlines will show the flexibility that will afford them the lowest possible cost for their airfare. We have a lot of transience amongst the men and women in the military and their families, not just being transferred from one place to another but, generally speaking, they are not based where they grew up and where their families or friends are located. There are a lot of men and women in the military who make use of the airlines and many times on short notice. We are simply urging the airlines to show the kind of patriotism that is necessary to provide these very low income Americans the ability to move from one place to another. I might add, this amendment was offered by Senator Kay Bailey Hutchison on the DOD authorization bill as well. I hope the airlines will react positively to this sense-of-the-Senate resolution. I yield the floor.

Mr. McCAIN. Mr. President, I move to reconsider the vote.

Mr. McCAIN. So that, obviously, is an incredible burden if you have to put every passenger through security where a large majority of them, particularly at hub airports, do not have to send passengers through security. Is that basically the problem we are trying to confront here?

Mr. McCAIN. Before the Senator from Nevada leaves the Chamber, I would like to ask him another question. So that my colleagues will understand this problem--and it is a serious one--if I fly from here to the Atlanta Airport, or the Dallas/ Fort Worth Airport, which I will do tomorrow, and then change airplanes but stay within the terminal, not having to go through security again, and then I go on to the Phoenix, AZ, airport, that, for the purposes of the present formula, would be counted as the same as someone who enters an airport, flies and lands at another airport, leaves that airport, and then later on has to reenter the airport to leave that area. In other words, what we are saying is, we have a formula now where someone who remains within the airport and does not have to go through security is basically counted the same as a person who does have to go through security.

Mr. McCAIN. Mr. President, I thank my colleagues, Senator Hollings, Senator Lott, and Senator Rockefeller, for their hard work on this very important legislation. Senator Lott and Senator Rockefeller held extensive hearings in the Aviation Subcommittee. They have come up with a product that has addressed many of the concerns and very important issues associated with aviation. I believe what they have done is a very agreeable product. I note that our friends on the other side of the Capitol have completed their work on this bill, so if we could complete this legislation and go quickly to conference, I think we could have this done pretty quickly. I am pleased the Senate is now considering S. 824, the Aviation Investment and Revitalization Vision Act, AIR-V. This legislation was introduced by Senators Lott Hollings, Rockefeller, and myself on April 8, 2003, and approved by the Senate Commerce Committee on May 1, 2003. I don't think that anyone could have predicted 100 years ago, when the Wright Brothers first flew their Wright Flyer over Kitty Hawk, NC, that air travel would become such a significant part of our Nation's economy. Aviation has evolved from the first controlled flight that traveled about 120 feet, to a system that has reached more than 550 million enplanements annually. Air travel has revolutionized the world. We are becoming a global culture for which air travel has contributed significantly. The United States has played a critical role in the explosion in air travel, with nearly two-thirds of world aviation travelers taking off or landing on U.S. soil. Mr. President, 4 years ago, the Congress approved the Aviation Investment Reform Act for the 21st Century, known as AIR-21. That reauthorization measure provided for far reaching changes to our Federal aviation policies, coupled with significant investment in aviation. We increased airport spending by significant amounts and greatly improved our aviation system. At the same time, a great deal has happened in aviation during the past few years. The airlines have gone through several cycles of good and bad times. The tragic events of September 11, 2001, forced a major restructuring of aviation transportation security. As a result of September 11 and other economic factors, Congress has twice voted to provide the airline industry aid totaling $8 billion in cash and the potential for $11 billion in other benefits. We have taken unprecedented actions to help ensure the continued viability of the airlines. I recognize that intervening events have been the cause of many of the industry's problems, which is why I was a strong supporter of these initiatives. However, I do believe that the industry must being to solve its own problems and not come back to Congress when confronted with new challenges. It is time for Congress to now focus its efforts on the Federal Aviation Administration. We must continue to ensure the safety and efficiency of our aviation system. We must address the continued modernization of our air traffic control system. We must continue our oversight of the FAA so that it continues to move towards more efficient operation. We must continue the expansion of our infrastructure. And, we must continue to strive to promote the security of our traveling public. I believe the legislation before us, S. 824, the Aviation Investment and Revitalization Vision Act, AIR-Vision, meets these objectives. This bill would reauthorize FAA programs for 3 years and continue the investments in the aviation system that began under AIR 21. Specifically, it would authorize funding for FAA Operations at $7.6 billion for fiscal year 2004; $7.7 billion for fiscal year 2005; and $7.9 billion for fiscal year 2006, and it would authorize funding for the Airport Improvement Program at $3.4 billion in fiscal year 2004; $3.5 billion in fiscal year 2005; and $3.6 billion in fiscal year 2006. The bill also authorizes $2.9 billion in fiscal year 2004; $2.97 billion in fiscal year 2005; and $3 billion in fiscal year 2006 for the Airway Facilities Improvement Program and requires a report on major FAA modernization programs. The funding levels in this bill do not require any new or increased taxes or user fees. The taxes currently paid by air travelers and others into the Aviation Trust Fund are in place through fiscal year 2007 and are sufficient to pay for this bill. We also must ensure that the FAA manages its resources wisely. The bill includes provisions, first proposed by former FAA Administrator Garvey and endorsed by the current Administrator, to improve FAA management. The FAA's management of its programs, especially its modernization efforts, continue to be of particular interest to Congress. I note that the FAA has finally hired its first Chief Operating Officer, Russ Chew, three and one-half years after the office was authorized. This bill would provide additional clarification of the FAA's Chief Operating Officers' responsibilities for managing the FAA's air traffic control system. The bill would create a process to enhance airport capacity at certain large hub airports that significantly add to delays in the national aviation system by ensuring that these airports' needs are continually reviewed. It also attempts to streamline the environmental review process by coordinating the reviews by different agencies. This is important as this process is sometimes used to unnecessarily delay airport expansion. The bill makes several improvements and reforms to services to small communities and the essential air service program by continuing programs created in AIR-21 to incentivize communities to take a greater ownership role in their service. It also allows the communities flexibility to opt out of the program in return for payment or to look at alternate services for the community. The bill extends the small community air service development pilot program, established in AIR-21, until 2006, and provides funding of $27.5 million per year during the 3 year extension. It also clarifies that 40 communities per year may participate in the program and that no community may participate twice. This program has been well-received for the innovative ideas that have sprung from it regarding the provision of and payment for air service to small communities, and we believe it is important for the program to continue in the near term. Regarding competition, the bill instructs the Secretary of Transportation to study competition and airline access problems at hub airports. Specially, the Department of Transportation is to look at gate usage and availability, and the effects of pricing of gates and other facilities on competition and access. Within 6 months, the Secretary's findings, conclusions, and recommendations are to be submitted to the Senate Committee on Commerce, Science and Transportation and the House of Representatives Committee on Transportation and Infrastructure. In addition, the bill requires that airports which deny applications by an air carrier for access to gates or other facilities submit to the Secretary notification of the denial and a report explaining the reasons for the denial and a time line, if any, for when the request will be accommodated. For security, the bill establishes the Aviation Security Capital Fund which is financed with $500 million annually in security service fees which are already collected by the Transportation Security Administration. The fund will be administered by the TSA and the TSA will make grants to airports to assist with capital security costs. The fund will allocate 40 percent to hub airports; 20 percent to medium hub airports; 15 percent to small hub airports; and 25 percent is to be distributed at the Secretary's discretion to address security risks. At the same time, the bill protects the AIP funding from continued raids on what was created for capital improvement funding, but which in recent years has been used for security funding. The bill also directs the Secretary of the Department of Homeland Security to study the effectiveness of the aviation security system. Within 6 months, the Secretary's findings, conclusions, and recommendations are to be submitted to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The Secretary is directed to redeploy the department's resources based on the results of the study. For aviation modernization, the bill establishes a new Office of Aerospace and Aviation Liaison within the DOT. This office will be charged with coordinating aviation and aeronautics research programs, activities, goals, and priorities within the Federal Government. Areas of responsibility include air traffic control, technology transfer from government programs to private sector, noise, emissions, fuel consumption, and safety. This office will work with the FAA and the National Aeronautics and Space Administration to ensure that aviation and aerospace research is coordinated and funds are well spent. This bill also establishes a National Air Traffic Management System Development Office within the FAA with the mission of developing a next generation air traffic management system plan for the United States. This plan is required to focus on transforming the national airspace system to meet air transportation mobility, efficiency, and capacity needs beyond those currently included in the FAA's Operational Evolution Plan in an effort to build on existing capabilities while improving the security, safety, quality, and affordability of the system. Finally, we have developed a manager's amendment which has been agreed to by myself and Senator Lott, Hollings, and Rockefeller. It includes a number of technical changes and improvements recommended by the executive agencies affected by this bill. It also includes some substantive changes to the bill, including: extending whistle blower protections to the employees of contractors doing business with the FAA; requiring that the GAO periodically report to Congress on the economic state of the airline industry and on airline executives' compensation; clarifying that the war risk insurance provision only applies to U.S. air carriers; moving the new security capital fund from the FAA to the TSA; and removing the provision adding additional ``outside the perimeter'' slots at Reagan National Airport. I yield to my colleague from South Carolina and perhaps the Senator from Mississippi. I say to my colleagues, if they are prepared to bring forward an amendment, we would like to consider that quickly and move forward with the amending process as it would be our intention to try to finish this legislation this evening. I yield the floor.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session of the Senate on Thursday, June 12, 2003. The purpose of this hearing is to discuss the United States Department of Agriculture's implementation of the Agricultural Risk Protection Act of 2000 and related crop insurance issues.

Mr. McCAIN. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 12, 2003, at 10:00 a.m. to conduct a hearing on ``expanding homeownership opportunities.''

Mr. McCAIN. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, June 12, 2003, at 9:30 a.m. on Global Overfishing.

Mr. McCAIN. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet in open Executive Session during the session on Thursday, June 12, 2003, at 9:00 a.m., to consider an original bill entitled, The Prescription Drug and Medicare Improvement Act of 2003; to consider S. 312, ``Availability of SCHIP Allotments for Fiscal Years 1998 through 2001''.

Mr. McCAIN. Mr. President, I ask unanimous consent that the Subcommittee on Science, Technology, and Space be authorized to meet on Thursday, June 12, 2003, at 2:30 p.m. on Cloning.

Mr. McCAIN. Mr. President, I ask unanimous consent that the Subcommittee on Public Lands and Forests of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, June 12, at 2:30 p.m. in Room SD-366 to receive testimony on S. 434--a bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System resources; S. 435--a bill to provide for the conveyance by the Secretary of Agriculture of the Sandpoint Federal Building and adjacent land in Sandpoint, Idaho, and for other purposes; S. 490--a bill to direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit Nevada, to the Secretary of the Interior, in trust for the Washoe Indian Tribe of Nevada and California; H.R. 762--to amend the Federal Land Policy and Management Act of 1976 and the Mineral Leasing Act and for other purposes; S. 1111--a bill to provide suitable grazing arrangements on National Forest System land to persons that hold a grazing permit adversely affected by the standards and guidelines contained in the record of decision of the Sierra Nevada Forest Plan Amendment and pertaining to the Willow Flycatcher and the Yosemite Toad; and H.R. 622--to provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes.