Date: 2012-02-03
Speaker: JACKSON LEE (democrat)
Chamber: H
State: Texas

I thank the gentleman. It provides a waiver for the existing law that requires a private screening company contracted will be owned and controlled by a citizen of the United States. meaning that it waives the fact that you have to be a United States citizen to provide security for those who are traveling. And it requiresit says you "must" privatize some of these airports. Did we learn from 9/11? So besides the poison pill on labor. counting people who dont even show up to vote. now we have a situation where we are forcing our Nations airports to privatize their security. I ask my colleagues to reflect on this challenge. Mr. Speaker. I rise today in opposition of H.R. 658. "the FAA Air Transportation Modernization and Safety Improvement Act." This bill would authorize appropriations. mainly over the 20112014 period. for activities of the Federal Aviation Administration. FAA. and other federal programs related to aviation. In addition. the measure contains intergovernmental and privatesector mandates as defined in the Unfunded Mandates Reform Act. UMRA. because it would impose new requirements on both public and private entities that own aircraft or airports. CBO estimates that the aggregate cost of intergovernmental mandates in the bill would fall well below the annual threshold established in UMRA ($71 million in 2011. adjusted annually for inflation). It would impose additional privatesector mandates on operators of certain aircraft. entities registering or obtaining certification with the FAA. commercial air carriers. employees in air or rail industries. and unions. As a Senior Member on the House Homeland Security Committee I have been one of the foremost proponents for the swift passage of the FAA Reauthorization Act. But in its current form I cannot vote for this measure. Our national air transportation system is fundamental for the future growth of our economy. However. Congress must ensure our safety and our national security is not at risk without a comprehensive. longterm reauthorization of the FAA Act and not with Homeland Security issues being decided. There are two provisions that have been placed in this bill which are poison pills and must be addressed prior to its passage. Despite having never been debated by the Committee on Homeland Security. the Committee of jurisdiction. and no Members being appointed conferees on behalf of the Committee. section 830 of the Conference Report for the FAA Reauthorization deals with the Transportation Security Agency. TSA. which falls under the jurisdiction of the House Homeland Security committee which I sit on. Under this Conference Report TSA will be limited in approving or denying an application from an airport to optout of using the federal screening workforce for passenger and baggage screening. It also places an arbitrary time limitation of 120 days on TSA to determine whether approval of an airports application would compromise security. affect costefficiency or the effectiveness of screening capabilities. It also increases administrative burdens on TSA by requiring a tedious paperwork exercise each time an application is denied. And lastly it provides a waiver for the existing law that requires a private screening company contracted with be owned and controlled by a citizen of the United States. As concerned as I am about the aviation security policy changes made in the bill. I am equally concerned about the process that got us to this point. The Committee on Homeland Security has sole jurisdiction over TSA. It has debated several aviation security bills during the 112th Congress. including a TSA Authorization bill. The language in the Conference Report to the FAA Reauthorization was never debated by the Committee and no hearings were held by the Committee to examine the merits of the changes. Indeed. the Committees Subcommittee on Transportation Security is scheduled to have a hearing on the program addressed in this legislation next week with the Administrator of TSA set to testify. Unfortunately. it appears that hearing will come up "a day late and a dollar short." Section 830 of the Conference Report for the FAA Reauthorization: Limits TSAs flexibility to approve or deny an application from an airport to "optout" of using the federal screening workforce for passenger and baggage screening. Places an arbitrary time limitation of 120 days on TSA to determine whether approval of an airports application would compromise security. affect costefficiency or the effectiveness of screening capabilities. Increases administrative burdens on TSA by requiring a tedious paperwork exercise each time an application is denied. and Provides a waiver for the existing law that requires a private screening company contracted with be owned and controlled by a citizen of the United States. As concerned as I am about the aviation security policy changes made in the bill. I am equally concerned about the process that got us to this point. The Committee on Homeland Security has sole jurisdiction over TSA. It has debated several aviation security bills during the 112th Congress including a TSA Authorization bill. The language in the Conference Report to the FAA Reauthorization was never debated by the Committee and no hearings were held by the Committee to examine the merits of the changes. Indeed. the Committees Subcommittee on Transportation Security is scheduled to have a hearing on the program addressed in this legislation next week with the Administrator of TSA set to testify. Unfortunately. it appears that hearing will come up a day late and a dollar short. The National Mediation Board. NMB. has ruled that in order to organize. aviation workers need to have a majority of the voting workers for that particular election. My Republican colleagues however overturned the NMB determination by requiring a majority of all workers. rather than a majority of all voting workers. This has significantly watered down the ruling by the NMB. I cannot stand by and witness the rights of workers being stripped away one piece at a time. If this is the standard that is going to be set for workers who wish to form a Union. then Members of Congress in our fine Democracy should also have the same standards. Rather than a majority of voting citizens. it should be a majority of citizens. If this is not a requirement upon which our democracy is based. It should not be the requirement for Unions. I believe that aviation contributes over 1.2 trillion in economic activity and provides 11 million jobs annually. Indeed. the partial FAA shut down had a negative impact on the Airport and Airway Trust Fund. furloughed employees. and stop work order measures that have halted construction on key infrastructure projects. such as the $25 million construction of Replacement TRACON in Houston. However. something must be done to address the privatization of airportsthe impact on TSOs as well as the ability of workers to have a fair and democratic vote.