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THE SECRETARY OF
TRANSPORTATION May 20, 2003 The Honorable Don
Young Dear Mr. Young The Department of Transportation (DOT) strongly opposes section 431 of H.R. 2115, the Flight 100, The Century of Aviation Reauthorization Act, which would restrict the Department's ability to manage the air traffic control system. Prohibiting the conversion of government-provided air traffic control functions to the private sector is unnecessary and could hinder the efficient management of the Federal Aviation Administration's (FAA) air traffic control and related responsibilities by preventing the FAA from making strategic decisions on how to best perform its mission. I am concerned that the full House Transportation & Infrastructure Committee may amend section 431 of H.R. 2115 with provisions contained in H.R. 1711, The Air Traffic Control System Integrity Act of 2003. If a bill were presented to the President containing provisions similar to those contained in H.R. 1711, I would recommend that he veto the bill. H.R. I711 does more than tie FAA's hands with respect to air traffic control management; it would prevent a host of broader measures as well. Certain FAA responsibilities are best fulfilled by contract, using a combination of government private services -- as is the case today. Congress gave the FAA unique procurement authority for exactly this reason and H.R. 1711 would compromise that authority. For example: the FAA's air traffic control systems are increasingly composed of commercial components and software that build upon privately developed computer programs. In many instances, the developers of these components and software are unwilling to sell to the FAA the data rights necessary for the FAA to maintain components and software, or will only sell rights at an exorbitant price. If the bill is passed, the FAA's cost to maintain and install its systems would most likely increase significantly as the FAA tries to acquire needed data rights or foregoes the advantages of using commercial products. Under provisions in H.R. 1711, the FAA would pay ever-escalating training costs to provide its workforce with the changing skills needed to maintain multiple systems. I am particularly concerned about H.R.1711's impact on our existing competitive sourcing initiatives. For example, we are currently conducting a competition to evaluate the performance of our 61 flight service stations, which provide needed services to pilots nationwide. The cost of providing these services is presently estimated to be in excess of $400 million annually. We have every expectation that competition will identify innovations and lead to greater value for America's pilots at a lower cost to the taxpayer. Through competition other agencies have achieved cost savings averaging 30%, although it is to early to predict the FAA's exact savings. In recognition that competition yields innovation, such as better flight services, America's aircraft owners and operators, the end-users of these services, support this important competitive sourcing study. The bottom line is that the legislation would stop this study -- a study that encourages FAA managers and the FAA workforce to look for innovative ways to provide higher quality services at less cost. I determined for purposes of our annual FAIR Act inventory of commercial positions that functions of non-Contract Tower air traffic controllers are a core capability of the FAA, and as such will continue to be performed by Federal employees. This position was reiterated by FAA Administrator Blakey in a hearing before the Committee. Again, the Department strongly opposes any legislation that would prohibit the FAA from safely and efficiently managing the National Airspace System. I share your deep commitment to our Nation's air traffic control system, and I look forward to continuing our work together on this matter of national interest. The Office of Management and Budget advises us that there is no objection to the submission of this report for the consideration of the Committee.
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