LaHood’s legislative record on aviation

One of the surprises about the rumored Ray LaHood nomination for secretary of transportation — set to be announced tomorrow — is that he has so little transportation experience. He is on the powerful House Appropriations Committee, and would thus be well positioned to oversee Barack Obama’s planned burst of infrastructure spending. LaHood did serve on the Aviation Subcommittee back in the late 1990s, and during that time, he cosponsored — which, in Congress, usually means you slapped your name on the bill for some political reason — several aviation-related pieces of legislation:

• Federal Aviation Administration Revitalization Act of 1995 (HR 2276, 104th Cong.). This legislation would have made the FAA an independent agency no longer under the authority of the DOT, although DOT approval would have been required for FAA rulemaking. Also gutted the aviation staffers at DOT who report to the secretary. This legislation passed the house in 1996 before stalling in a Senate committee.
• Airline Passenger Safety Act of 1996 (HR 3618, 104th Cong.). Prohibits chemical oxygen generators from being transported by aircraft. Went nowhere in the House.
• Aviation Disaster Family Assistance Act of 1996 (HR 3923, 104th Cong.). Requires the National Transportation Safety Board, which investigates airplane crashes, to appoint a liaison for families of plane-crash victims and name a national nonprofit to handle post-crash care for victims’ families. Also requires airlines to submit plans for their dealings with victims’ families and urges state bar associations to forbid their ambulance-chasing members from contacting victims’ families for thirty days. Passed by House; not taken up in the Senate.
• HR 2252, 105th Cong., directs the transportation secretary to retaliate against foreign countries that violate air service agreements with the U.S. with respect to cargo carriers. Hearings were held.
• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (HR 1000, 106th Cong.). The FAA reauthorization bill.
• HR 4529, 106th Cong., which amends federal aviation law to prevent people with criminal convictions that “indicate a propensity for placing contraband aboard an aircraft in return for money” from holding aviation-security jobs. No action.
• Small Airport Safety, Security, and Air Service Improvement Act of 2002 (HR 1979, 107th Cong.). This bill, which never made it past the Senate, would have provided funding for construction of control towers and installation of equipment.

Interestingly, LaHood voted “no” on the 2007 FAA Reauthorization Act — the as yet incomplete FAA legislation. The House’s version, spearheaded by Rep. James Oberstart (D-Minn.) did not include a provision for user fees for air traffic control services, unlike the Senate version that saw the two houses at loggerheads. Why did LaHood join most Republicans in voting no? I’ll try to find out.

LaHood is an Arab-American (of Lebanese and Jordanian descent). In 1998, he vociferously opposed the use of profiling in rooting out potential terrorists or hijackers. He insisted that screening systems be entirely non-discriminatory.

Adrian Schofield offers a couple of notes over at Things with Wings. One may be related to one of the bills above and involves a vigorous response on international air services agreements. The other places him in opposition to FAA commercialization or restructuring in 1995.

Now, the secretary of transportation works on more than aviation. But the FAA is the largest subagency within DOT, and LaHood’s aviation record is pretty thin on the ground.

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Ray LaHood nomination would mean short shrift for DOT

I’ve got a busy morning, so more on Ray LaHood’s transportation (and especially aviation) record soon, but I’ll just say that the likely appointment of retiring Republican congressman Ray LaHood as secretary of transportation seems to indicate that Barack Obama does not plan to devote a great deal of attention to transportation issues — much like our current president, whose cabinet’s token Democrat was also at DOT.

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A memo to the next president

If you’re a regular reader of the Aviation Policy Blog (and I hope you are; the best way to keep up to date is to subscribe to my feed), you’re well aware of how aviation is playing out in the 2008 election (or the extent to which it isn’t). In today’s Wall Street Journal, “Middle Seat” columnist Scott McCartney takes on what the next president will need to do. I commend this read to you. First, the stakes of inaction on aviation issues:

Last year, nearly one-quarter of all U.S. airline flights were delayed, and the average delay was 55 minutes, according to the Federal Aviation Administration. Passengers lost 112 million hours of time spent waiting. . . . And that doesn’t count the delay already baked into airline schedules. On average, U.S. airline flights were scheduled 15 minutes longer in 2006 than in 1997, based on the same distances. . . . Delays cost airlines $8.1 billion in direct operating costs in 2007, mostly burning extra fuel and paying crews for the extra time. That’s more than the U.S. industry has ever earned in a year. . . . More than 1,600 flights last year sat for longer than three hours waiting to take off, according to the Bureau of Transportation Statistics. More than 4.4 million bags were mishandled. Complaints about airline service were up 65% last year.

McCartney outlines several steps that the next president can take. He also underscores the urgency of making these changes now: “The time to fix it is now, when the economic downturn has given the system some slack. This is when it’s easiest to replace, repair and expand.” We didn’t do this during our last downturn, after 9/11, and it hurt badly in 2006-2007. So, what does he recommend?

• Air traffic control modernization. “The current time-table for modernizing air-traffic control covers 20 years, and the history of the effort is filled with delays. What’s needed is a full-court press. He then quotes Marion Blakey on how viable ATC transformation is, but her five years at the helm of the FAA and in charge of NextGen are conveniently glossed over.
• Split the FAA into two agencies. “Many industry watchers would like to see the FAA split into two parts: a safety regulator for airlines, airports and air-traffic controllers, and a separate air-traffic-control system run in a business-like manner by a not-for-profit entity, not government.” That includes this industry-watcher. “One major reason to split the FAA is that the agency today is both the safety regulator and the operator,” McCartney continues. “In air-traffic control, the FAA regulates itself, leading to potential conflicts of interest.” He cites Dorothy Robyn’s excellent paper this summer for the Brookings Institution’s excellent Hamilton Project. He also quotes former Continental chairman Gordon Bethune, who carries the flag for ATC privatization/commercialization: “Bethune . . . hopes the new president will push for ‘a quasi-government agency to build and operate a modern air-traffic-control system.’ Bond financing could be used for new equipment instead of asking Congress to pay for it year by year.”
• Other issues. McCartney urges measures to make TSA screening less invasive and troublesome; passenger-bill-of-rights-type measures, a “better plan” to ease congestion at New York-area airports, “a Transportation Secretary with muscle to fix the problem, not prolong it,” and incentives for greener, cleaner aerospace R&D.

To McCartney’s memo, I would add the following items:

• A new FAA administrator, hired from outside the agency, with respect from industry and labor. Labor-management relations at the agency are beyond toxic, and promoting current management (as Bush did when he nominated Robert Sturgell) is only going to inflame the situation. To the extent that Barack Obama has engaged in aviation issues, he has been entirely aligned with the air traffic controllers; he needs to demonstrate his independence by picking someone who will command the controllers’ respect and negotiate with them while still defending the prerogatives of the FAA’s “customers”–system users–and taxpayers.
• A commitment to an alternative funding structure for the FAA. Ticket and fuel taxes are not enough. The FAA needs a user fee system. This will align use of the system with the cost of providing ATC services. The current administration has admirably pushed for user fees; perhaps, in an environment less rabidly partisan than that existing between Congress and the White House, we can see rapprochement on this crucial priority.

Commentators rightly say that thirty years out, we’re not going backward on airline deregulation. But will the next president take crucial steps in pursuing “Deregulation 2.0,” the critical public-sector overhaul that will make our aviation system more competitive, productive, and efficient for decades into the future? If the next president takes on established interests and pursues these reforms, future generations of fliers will thank him.

A Flier’s Plea to the New President [WSJ]

See also the LA Times and FlightBlogger guides to the politics of air travel.

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Obama, McCain advisers on transportation issues

Top policy advisers to Barack Obama and John McCain differed on key transportation issues at a forum in Washington this morning, but they agreed, in the words of McCain adviser Douglas Holtz-Eakin, when it comes to transportation, “the ratio of importance to discussion on the campaign trail is high.”

Downey

Mortimer Downey, Obama’s senior transportation adviser and Bill Clinton’s deputy secretary of transportation, emphasized Obama’s detailed transportation plan, which I blogged about here. “I can’t recall a candidate who’s put together such a full-fledged transportation plan,” he said. Among the infrastructure problems the next president will tackle will be to “have an air traffic control system that works.”

Downey identified three “vehicles” through which Obama would improve transportation: First, a short-term boost in spending to create jobs and provide economic stimulus. Second, a ten-year, $60 billion “National Infrastructure Reinvestment Bank.” Third, a federal highway spending bill (due next year) with fewer earmarks and a systemic approach.

Holtz-Eakin

Holtz-Eakin, a former director of the Congressional Budget Office, spoke of McCain’s agenda (or lack thereof) in two categories: process and the federal role. On process, he noted McCain’s opposition to all earmarks and his support for economic review, return-on-investment analysis of transportation projects, and “performance and accountability measures.” Holtz-Eakin emphasized the need to identify properly the federal role in transportation planning and spending in relation to local and state agencies and “the important role of the private sector.”

As for Obama’s National Infrastructure Reinvestment Bank, Holtz-Eakin said “it isn’t something [McCain] supports . . . very reminiscent of Fannie Mae and Freddie Mac.”

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McCain and Obama speak out on general aviation

The Aircraft Owners and Pilots Association have released the candidates’ answers (or, more accurately, the campaigns’ answers) to their election questionnaire. One of the interesting points about this questionnaire is that even though John McCain has not articulated an aviation agenda, he/his campaign can draw on his Commerce Committee experience to answer these questions pointedly and with examples. Barack Obama’s answers are vague, inconclusive, and sometimes evasive.

For example:

General aviation airports are an important part of the national air transportation system but are often faced with the threat of closure or limits on access. How will you support general aviation airports as part of the national airport system?

McCain:
If I am elected, one of my top transportation priorities will be to modernize the air traffic control system so it can handle the increased traffic that is forecast. The current system cannot efficiently handle these increases. Gridlock in the sky and on the ground at our airports won’t just result in longer delays for airline passengers, but it will also affect general aviation—especially in the busier airspace around our major metropolitan areas. Under such a scenario, it could become very difficult for pilots to use general aviation airports in that airspace, particularly at peak times. In my view, making better use of the air space won’t benefit just commercial aviation, but general aviation as well.

Obama:
General aviation produces over a million jobs in America and is an invaluable part of our economy and the lifestyle of American families across the nation. As president, I will engage the general aviation community in the FAA decision making process and take steps, as I did as a state senator, to ensure that government continues to determine how best to meet the needs of general aviation practitioners.

On the controversial subject of user fees, McCain points out that the acrimonious debate is harming all parties. Obama says, well, not much of anything:

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Aviation08: The McCain aviation record

Is "Straight Talk Express" now the regional affiliate of Air McCain?

I haven’t had any luck getting the McCain campaign to fill me in on the details of his aviation plan (if he has one). His website has one mention of aviation, and it’s a throwaway press release on the air traffic control communications outage in August with a boilerplate call for reform in Washington. However, his twenty-six years in Washington and his chairmanship of the Senate committee that oversees aviation mean he has a pretty wide paper trail. Two of the most important issues on which he’s weighed in are air traffic control modernization (and how to fund it) and international aviation agreements.

John McCain has a track record of supporting market-based air traffic control reforms. In a 2001 interview with General Aviation News, which is full of revealing nuggets, he discussed a Reason Foundation report proposing a commercialized, nonprofit government corporation to provide air traffic control services (much like NAV CANADA). The interviewer was especially concerned about McCain’s support for user fees, the bete noire of the general-aviation community, and asked: “You have advocated ATC user fees in the past. Do you continue to support that approach?” McCain replied:

While there are a number of ideas about how to fund the aviation system, I have not yet come to a final conclusion about the best solution. The Commerce Committee will continue to examine different proposals and ideas, including a user-fee system. As I have often stated publicly, I am always open to new and fresh ideas on how to provide the proper funding to ensure a safe and efficient air-transportation system. The issue of user fees is closely linked to funding for the FAA, which is absolutely critical to the future of aviation in our country. The national air transportation system needs a predictable and reliable funding stream that is not subject to unnecessary budget pressures and gimmicks. A positive step in the right direction was the funding provided through the most recent FAA reauthorization bill, commonly known as AIR-21. But AIR-21 is not a permanent solution, and ensuring adequate funding for the long-term future of aviation remains a challenge.

While avoiding an endorsement of the Reason proposal, McCain did promise to include commercialization in the Commerce Committee deliberations on ATC: “However, the issue of ATC modernization is certainly an issue that the Commerce Committee will be looking into this year, and I expect ATC privatization will be included in the overall scope of the debate.”

User fees seem to appeal to McCain’s populist political persona and rhetoric. While acknowledging that user fees should not be structured to harm recreational users, he assails business jets’ use of the system:

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Obama’s labor love

I previously wrote about Barack Obama’s aviation plan; today’s post is about the one aviation-related bill he’s introduced in Congress, the FAA Fair Labor Management Dispute Resolution Act of 2006 (S 2201). The bill, which never made it out of committee, would have amended the FAA’s personnel management procedures so that the FAA administrator would be unable to impose work rules in stalled labor negotiations without congressional assent. If Congress were not to act on the FAA administrator’s proposed work rules within sixty days, any contract-negotiation impasse would instead have to be submitted to binding arbitration.

Air traffic controllers have been working under these imposed work rules for two years this month. According to the Wall Street Journal, “[T]he FAA imposed contract terms on the union after negotiators failed to reach a deal on pay and working conditions. The FAA ended up imposing significant pay cuts for new controllers and froze salaries of others, along with setting new work rules.” (For more on this, see the controllers’ union and ATC blogs like Get the Flick and The FAA Follies.) Obama’s legislation would have required the FAA to give in and submit to neutral, binding arbitration in its negotiations with the controllers, as the work rules would never have made it past a Democratic Congress (or even perhaps a Republican one — remember, aviation issues don’t break down evenly along party lines).

Labor organizations, including NATCA and AFSCME, supported S 2201. NATCA endorsed Obama for president largely on the strength of this legislation:

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Popular Mechanics on Aviation08

On September 4, Popular Mechanics took a look at the candidates’ aviation policies. Here are some highlights:

On user fees:

While the [FAA reauthorization] bill was still in committee, McCain voted against an amendment to eliminate the new $25-per-flight user fee on general aviation. Since the legislation never made it to the full senate, it isn’t known how Obama would have voted. Interestingly, McCain’s vice-presidential pick, Governor Sarah Palin of Alaska, is a strong supporter of general aviation interests—not surprising in a state heavily dependent on private flying. Last year Palin signed a resolution opposing new general aviation fees.

__________

On air traffic control:

Obama favors hiring more air traffic controllers and has sponsored legislation to force the FAA to return to the bargaining table with the controllers, who have been without a contract for nearly two years even as many older controllers retire. In a statement outlining his transportation policies, Obama says he will direct the FAA to “restore morale and improve working conditions and operations at the agency.” McCain has indicated he might favor a move to privatize ATC, which has occurred in Great Britain and a number of other industrialized nations.

__________

On airline regulation:

McCain has a longer track record in the Senate than Obama, and during his tenure as chairman of the Senate Commerce Committee he seized briefly on airline “passenger rights” issues, which would have imposed a welter of new regulations designed to improve customer service and reduce delays. He later backed off when the airlines promised to police themselves; he has not mentioned the subject during this campaign.

Obama has not taken a formal stand on economic regulation of the airlines, but some observers expect a Democratic administration to be more sympathetic to calls for government intervention.

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Aviation08: The Obama aviation plan

Welcome, new readers! For more blogging on aviation politics, click here.

First of all, big props to Obama and his campaign team for actually having a transportation agenda [PDF]. The McCain campaign devotes a whole section to manned space exploration but can’t spare a word for aviation. So, to Obama, an A for effort.

Now let’s dig into the plan:

As our society becomes more mobile and interconnected, the need for 21st-century transportation networks has never been greater. However, too many of our nation’s railways, highways, bridges, airports, and neighborhood streets are slowly decaying due to lack of investment and strategic long-term planning. Barack Obama believes that America’s long-term competitiveness depends on the stability of our critical infrastructure. As president, Obama will make strengthening our transportation systems, including our roads and bridges, a top priority.

Barack Obama believes that it is critically important for the United States to rebuild its national transportation infrastructure — its highways, bridges, roads, ports, air, and train systems — to strengthen user safety, bolster our long-term competitiveness and ensure our economy continues to grow. Investing in national infrastructure is especially important in our efforts to bolster our homeland security to meet international terrorism and natural disaster threats. . . .  Barack Obama will address the infrastructure challenge by creating a National Infrastructure Reinvestment Bank to expand and enhance, not supplant, existing federal transportation investments. This independent entity will be directed to invest in our nation’s most challenging transportation infrastructure needs. The Bank will receive an infusion of federal money, $60 billion over 10 years, to provide financing to transportation infrastructure projects across the nation.

Worthy goals. One of the core functions of government is to provide for infrastructure development and maintenance. How will this money be allocated? By DOT, or by Congress? Political realities mandate, for example, that Airport Improvement Fund monies go disproportionately to airports that do not need them as much as the highly trafficked and congested commercial hubs. How it gets allocated is key.

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Did you know?

John McCain’s eldest son is an American Airlines pilot:

Doug McCain has been a pilot with American Airlines since 1990. He currently flies as a First Officer on the Boeing 777 out of JFK International Airport. Prior to American Airlines, he flew the A6-E Intruder in The United States Navy. While in the Navy, he deployed twice to the Mediterranean Sea aboard the USS America CV-66 and aboard the USS Eisenhower CVN-69. He made 256 carrier landings including 88 at night.

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