Government Affairs Report: April 2004
Author: Debbie Golombek, UAL MEC Government Affairs Committee Chair
Inside this Report |
INTERNATIONAL AVIATION ISSUES
An article in the NY Times recently reported that the Department of Defense (DoD) has requested a change in a law that will allow foreign airlines to secure contracts to move U.S. troops and equipment. The DoD is asking Congress to repeal Section 2710 of the Emergency Wartime Supplemental Appropriations Act of 2003, which mandates that an air carrier cannot provide services to the military unless that carrier is effectively controlled by U.S. citizens.
This proposal would remove the requirement that a carrier cannot receive 50 percent or more of its operating revenue – over the most recent 3 year period – from a foreign entity if it wants to be considered a U.S. carrier for purposes of contracting with the military. The proposal, which is included in the Department of Defense budget request for Fiscal Year 2005, could have its greatest impact on the Civil Reserve Air Fleet, in which United Airlines participates. The DoD claims that participation of foreign airlines in the reserve fleet could provide the military with “better pricing” and more leeway.
We should be very concerned by this report in light of the Bush Administration’s agenda to liberalize aviation laws such as those limiting foreign ownership. In addition, the European Union, in its ongoing negotiations with the United States over an “Open Skies Agreement”, is also pursuing such changes to our current law.
Allowing the federal government to award military contracts for the transport of personnel and cargo to the lowest bidder is clearly in direct contradiction to the security interests of the United States and will result in the outsourcing of many U.S. aviation jobs. AFA adamantly opposes such efforts, as well as the weakening of current aviation laws that protect our industry from unfair foreign competition.
The Democratic staff of the Senate Commerce Committee has formally requested more information from the Administration on the DoD’s proposal and the Transportation Trades Department (TTD) of the AFL-CIO is closely monitoring DoD activities and requests to ensure the CRAF program, the Fly America Act and other statutes are not altered or weakened.
We have been a receiving a number of calls from Flight Attendants concerned over this report and the potential loss of CRAF flying. Flight Attendants should be encouraged to contact their Members of Congress urging them to oppose any efforts to weaken U.S. aviation laws that protect our industry from unfair competition from foreign carriers.
AFA has sent out an e-activist alert on this issue. I have included a “sample” with this report.
FLIGHT ATTENDANT SECURITY TRAINING
It has been over two years since the terrorist attacks of September 11, 2001, and Flight Attendant security training remains woefully inadequate. We have been very successful in gaining Congressional support for mandated, comprehensive security training. Congress has recognized the importance of flight attendant security training three separate times, but the will of the Congress has been thwarted by efforts of the House Republican leadership.
Our concerns were addressed in two pieces of legislation. The Aviation and Transportation Security Act (ATSA) signed into law in November of 2001, required the Federal Aviation Administration Administrator to develop guidance for improved flight and cabin crew training to prepare crewmembers for potential threat conditions. However the ATSA did not specify exactly what kind of training needed to be done and gave airlines broad leeway to determine the kind of training program they wanted to provide.
The Arming Pilots and Cabin Defense Act, which became part of the Homeland Security bill, passed in November of 2002, directed the TSA to issue rules requiring flight attendant security training and set forth very specific criteria that the training must meet, but did not establish a deadline for issuing the rules.
In January 2003, certain airlines began a very aggressive lobbying campaign to gut flight attendant security training, make it totally voluntary and paid for at the flight attendants own expense.
AFA fought very hard to prevent the carriers from completely gutting our security training requirements and making the program completely voluntary. Last year, the FAA Reauthorization Act (Vision 100) contained language which required the Transportation Security Administration (TSA) to establish minimum standards for basic security training. This language was the result of negotiations between Republican and Democrat staff members on the House Aviation Subcommittee.
As you may remember, Continental Airlines was able to get the language in the FAA Reauthorization changed at the last minute, which undercut any requirement for the TSA to issue security training guidelines.
We may have lost that battle but we are not giving up the fight.
AFA’s Government Affairs Department has outlined an ambitious lobbying strategy to raise awareness on this issue.
Letters to TSA Acting Administrator David Stone
The FAA Reauthorization contains a provision that allows for TSA to periodically conduct audits of a carrier’s security training programs and must consider complaints from crewmembers when deciding whether or not to conduct such an audit. AFA members, who feel their security training is inadequate, are being asked to sign letters to the TSA asking the TSA to review their carrier’s security training program. In a joint effort coordinated by AFA, AFA, along with Unions representing Flight Attendants at other airlines, will deliver these letters to the TSA on May 12th.
In addition, AFA is working to get a commitment that questions about our security training will be asked during Stone’s senate confirmation hearing. As acting Administrator, Mr. Stone’s appointment as TSA Administrator must be confirmed by the U.S. Senate.
Congressional “Dear Colleague”
A “Dear Colleague” and sign on letter are being drafted by Representatives Jim Oberstar (D-MN) and Peter DeFazio (D-OR). The sign-on letter is being written to TSA Administrator David Stone stating that even though the TSA has discretion to develop guidelines for basic security training, it is the intent of Congress for TSA to develop those guidelines. The “Dear Colleague” will introduce the sign-on letter and urge U.S. House members to once again, join in support of Flight Attendant security training.
A similar “Dear Colleague” and sign-on letter will originate from Senator Ernest Hollings (D-SC) in the Senate.
Once the Dear Colleague and sign-on letter are circulated we will begin to lobby Members of Congress to sign-on to these letters. On May 12th we will target and lobby those offices who have not already signed on to the letters.
Our goal is to have the letter sent to the TSA just before Congress leaves for Memorial Day recess.
May 12th Day of Action on Capitol Hill
All AFA members are encouraged to participate in a major rally and lobby blitz on Capitol Hill. The success of our May 12th Day of Action on the Hill will depend on getting the word out about these activities.
We will be meeting at 10:00AM in the lobby of the CWA Building, 501 Third Street, N.W. which is accessible from the Metro, Red Line, Judiciary Square station.
Included with this report is a flyer advertising our May 12 th Day of Action. This flyer should be circulated, posted on your Local Council bulletin board and/or included in your e-mail correspondence. Councils with IAD/DCA layovers should make sure that Flight Attendants flying layovers in Washington on May 12 th know about the rally and lobby activities.
The Securing Existing Aviation Loopholes Act, HR 3798
If you have not contacted your U.S. House member to co-sponsor this legislation, please do so. There is no companion legislation in the Senate.
