John Mica

Mr. MICA

Mr. MICA. Mr. Chairman, again, I think that the point of order that I raised clearly does demonstrate, in fact if we look at the language before us, that there is authorization language contained by the gentleman from Minnesota (Mr. Sabo), which is excellent language and directive language but it does authorize on an appropriations measure, which is not allowed under the rules of the House. The gentleman has raised issues about the substance of what is proposed in the full committee markup, and we will address some of those, but we do have a provision and we clearly have under our charter the responsibility for legislating the procedure which is followed. We will have the Under Secretary directed to not implement, other than on a test basis, the CAPPS2 program until the Under Secretary provides to Congress a certification that certain steps are taken. And later on we will have, of course, a GAO review required under our measure. So we have the authority to the point of order clearly under the charter within the Committee on Transportation and Infrastructure. This is going to be considered under the FAA AIR-21 reauthorization. The security measure which is being considered, H.R. 2144, will be marked up tomorrow and blended into legislation which has already passed the House and, again, clearly under our authority as authorizers.

Mr. MICA. Mr. Chairman, the DeLauro amendment adopted by the Committee on Appropriations as part of the Homeland Security Appropriations Bill is in fact a significant change in the procurement policy of the United States, a subject clearly within the jurisdiction of the Committee on Government Reform under House Rule 10. The DeLauro amendment calls for a broad sweeping contracting ban for so-called inverted domestic corporations and is clearly a change in existing law. As such, this section is in clear violation of clause 2(b) of House Rule 21, providing that no provision changing existing law shall be reported in any general appropriations bill.

Mr. MICA. Mr. Chairman, I raise a point of order against section 514 on page 37, line 14 through page 39, line 10. This particular section violates clause 2 of rule XXI. It changes existing law and therefore constitutes legislating on an appropriations bill in violation of the House rules.

Mr. MICA

Mr. MICA. Mr. Speaker, as our Nation remembered its war dead on Memorial Day and June 6th D-Day, I believe it is fitting to pay tribute to all of those who have paid the ultimate sacrifice. In our most recent conflict in Iraq, 14 individuals from my State of Florida gave their lives in service to our Nation in that war. While we honor and remember all those brave men and women and their loved ones who have given their full measure of devotion to their country from the days of the American Revolution to this hour, I submit the names of the following members of our military, their age, service and Florida hometown for special remembrance: Lance Cpl. Andrew J. Aviles, Tampa,-18, Marine Corps. Cpl. Armando A. Gonzalez, Hialeah, 25, Marine Corps. Cpl. John T. Rivero, Tampa, 23, Army National Guard Infantry. Lance Cpl. Brian R. Buesing, Cedar Key, 20, Marine Corps. Lance Cpl. David K. Fribley, Fort Myers, 26, Marine Corps. PFC Michael R. Creighton Weldon, Palm Bay, 20, Army. Lance Cpl. Antonio J. Sledd, Tampa, 20, Marine Corps. Ranger Specialist Marc A. Anderson, Brandon, 30, Army. Army Ranger Sgt. Bradley S. Crose, Orange Park, 30, Army. Navy SEAL Chief Petty Officer Matthew J. Bourgeois, Tallahassee, 35, Navy. Sgt. Michael C. Barry, Brandon, 29, Army National Guard. CWO Timothy W. Moehling, Panama City, 35, Army. Master Sgt. Michael Maltz, St. Petersburg, 42, Air Force. Specialist Pedro Pena, (Last residence in Florida), 35, Army.

Mr. MICA

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

Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Montana (Mr. Rehberg), the former lieutenant governor of the State of Montana.

Mr. MICA. Mr. Chairman, I do appreciate the serious concerns that the gentleman from Kansas has raised relating to the repair manuals and other information that should be made available, and we will work with the gentleman to make sure that the concerns raised are addressed.

Mr. MICA. Mr. Chairman, I reserve the balance of my time.

Mr. MICA. Mr. Chairman, I yield 1 minute to the gentleman from Virginia (Mr. Davis).

Mr. MICA. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, we have heard from some outstanding Members of Congress who represent the greater Washington area and the Northern Virginia area. They have been strong advocates for Ronald Reagan National Airport. They have done a great job in looking after that national asset. It truly is unique. It is the only airport, that and Dulles, that are owned by the Federal Government. This is a protection for the taxpayers, and it is good to have required periodic review and oversight. I do have questions about the amendment, but I do believe that they have the support to pass the amendment, so I express that concern. Mr. Chairman, I yield back the balance of my time.

Mr. MICA. Mr. Chairman, I rise in opposition.

Mr. MICA. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, again, I have some reservations and I think I have the responsibility as Chair of the subcommittee to raise those reservations about the amendment. It is being put forth by three outstanding Members with very good intentions. They represent rural airports and are concerned about service and the contribution. Let me say, though, that this program goes back to 1970, late 1970s when we deregulated the airlines; and each year subsequently some of these communities have gotten this subsidization of service and some should use it, maybe some should not. The nature of the aviation industry has changed dramatically, and service has changed dramatically around the country. And we are looking for ways to enhance that service, particularly to the small community. And you can find no stronger advocate than me in that regard. The administration had proposed a 25 percent match; and as a compromise, we lowered that to some 10 percent. We also have a provision in here for a waiver for hardship cases. We do believe that some review is necessary and that there should not be an automatic disbursement from Washington without some equal match. And also I might add for the record that we have increased the authorization from some $65 million to $115 million. So I have concern about this. My concern also is that in the long run we will have less money. We may have appropriators who may just take a pen and slash through the program, and we can possibly see harm done to a program that we all want to assist. So it is a good program. I have concern about the amendment. I think that we are going to let this amendment pass and then hopefully it will be considered in conference. But I wanted to raise those points that I think are in the best interest of the essential air service for all of our smaller communities. Mr. Chairman, I reserve the balance of my time.

Mr. MICA. Mr. Chairman, how much time do I have remaining?

Mr. MICA. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I do have some concerns. We are willing to work with those who have offered this amendment today. We do not want to do harm when we want to do good, particularly in providing essential air service to our smaller communities. So with those concerns raised, this probably will pass, but I did want to state my concern for the record. Mr. Chairman, I yield 1 minute to the gentleman from Minnesota (Mr. Oberstar), the ranking member of the full committee.

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

Mr. MICA. Mr. Chairman, I yield the balance of my time to the gentleman from Minnesota (Mr. Oberstar), the ranking member.

Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from Kansas (Mr. Moran), who is a member of our subcommittee who represents probably the largest aviation manufacturing facility, and does it so well, in the United States.

Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Burgess), a member of the full committee.

Mr. MICA. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I particularly want to thank the chairman of the full committee, the gentleman from Alaska (Mr. Young), the ranking member, the gentleman from Minnesota (Mr. Oberstar), and our ranking member of the Subcommittee on Aviation, the gentleman from Oregon (Mr. DeFazio), for their leadership in trying to bring this measure together and to the floor. This is a 4-year reauthorization, and it is very difficult. We have over 70 members on the full committee and over 40 members on the Subcommittee on Aviation, and the White House and all the various and sundry interests that want specific provisions in a reauthorization bill such as we have before us. But we have come together, and I am real proud of the work that the Members have done and the staff. I will have a manager's amendment that incorporates some of the issues that we have agreed to on a bipartisan basis, and also pledge to work with all interests and sides on various issues as we hopefully bring this measure to conference. Mr. Chairman, this legislation is critical to the future of aviation in our country. It is also fitting and I think very appropriate that on the 100th anniversary of manned flight by the Wright brothers that we bring this rewrite of our Federal aviation policy before the Congress. No nation in the world relies more on the safe and efficient operation of aircraft than the United States. Just think about it: Two-thirds of all the air passengers in the world take off from the United States each year and each day, from U.S. soil. Without a reliable air transportation system, communities would become stranded, families would be separated, time-sensitive cargo lost, and countless jobs and opportunities forsaken. This bill, H.R. 2115, also referred to as Flight 100, addresses the many pressing needs of our aviation system. We know it has been through a great deal of turmoil since September 11. I believe it also provides good elements for its future. This legislation keeps our promise to the flying public and builds on the landmark successes of its predecessor legislation, known as AIR-21. This legislation continues the guarantee that all the taxes and revenues paid into the Aviation Trust Fund are fully spent, and that airport improvements and air traffic control modernization that is so important is fully funded. H.R. 2115 provides the funding necessary for the administration to operate air traffic control systems to the very highest standards of safety, and also allows us to modernize our outdated air traffic control system. It also increases the funding to airports to help build the capacity we need for future economic growth. This bill also makes much needed reforms to FAA's management structure by redefining the role of the chief operating officer. I am pleased to see the administration within the last 24 hours has named that chief operating officer, and this legislation will clearly define the responsibilities of that position as it relates to the administrator of FAA. It makes also, I think, a greater success of our Small Community Air Service Pilot Program, and it reforms the Essential Air Service Program to ensure that communities that need this service will continue to receive air service. The bill streamlines the environmental review process for urgent airport capacity projects, and it does so without weakening any of the underlying environmental statutes or requirements. It also authorizes compensation to general aviation entities for losses resulting from security mandates. Again, they have not been reimbursed like the airlines or other entities that the Congress has previously provided for. A lot of hard work has gone into this legislation, and I think we have worked diligently with the other side of the aisle to craft careful and meaningful compromises. The aviation industry in the United States is still the strongest in the world, and we must keep it that way. This legislation provides the stability and funding to ensure that we will continue to lead the aviation industry of the world. This is a good, bipartisan piece of legislation, and I urge all of the Members to join in support of this legislation. Mr. Chairman, I reserve the balance of my time.

Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from Indiana (Mr. Chocola), an outstanding new Member and also the vice chair of our subcommittee who is doing a great job.

Mr. MICA. Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina (Mr. Hayes), a very knowledgeable member and a pilot who serves on our subcommittee.

Mr. MICA. The gentleman has my assurances that this will be the case and that I will work with the gentleman to see that the appropriate changes are made in conference.

Mr. MICA

Mr. MICA. Mr. Speaker, I ask unanimous consent to insert into the Record at this point an exchange of letters between the gentleman from Alaska (Chairman Young), the gentleman from Louisiana (Chairman Tauzin), the gentleman from California (Mr. Pombo), the gentleman from New York (Mr. Boehlert), and the gentleman from Virginia (Mr. Tom Davis) regarding H.R. 2115.

Mr. MICA

Mr. MICA. Mr. Speaker, I ask unanimous consent that during the consideration of H.R. 2115, pursuant to House Resolution 265, it shall be in order to consider amendment No. 5 as printed in the report of the Committee on Rules before consideration of any other amendment.

Mr. MICA

Mr. MICA. Mr. 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 H.R. 2115.