By Mr. LAUTENBERG:

S. 338. A bill to protect the flying public's safety and security by requiring that the air traffic control system remain a Government function; to the Committee on Commerce, Science, and Transportation.

Mr. LAUTENBERG. Mr. President, I rise to introduce the Safe and Secure Skies Act of 2003, a bill that would protect the safety and security of the flying public by requiring that air traffic control remain a government function. This legislation is necessary because the Bush administration has taken several steps to privatize our Nation's air traffic control system.

On September 11 air traffic controllers across the Nation performed heroically, as they guided thousands of aircraft out of the sky. From the tower at Newark International Airport, air traffic controllers in my State could see the Twin Towers burning as they worked to return tens of thousands of Americans to the ground safely.

Like many public servants on that day, they are heroes. Along with police, firefighters, and other emergency personnel, these public employees gave 110 percent to secure the safety of the American people.

In the aftermath of these tragic events, the American people demanded one thing in particular of their government: they wanted government personnel--not private contract firms--to perform security screening of baggage at our Nation's airports. And Congress compiled with this request, as we turned the privatized baggage screening system over to Federal workers with the new Transportation Security Agency.

That is why it is so surprising to me that the administration is now taking steps to privatize the air traffic control system in this country. It makes little sense, especially after September 11. It is the opposite of what the public wants.

The safety and security of the American people should not be the responsibility of the lowest bidder. Rather, it is a core responsibility of government.

But the administration is moving rapidly in the opposite direction. Already we have seen the jobs of air traffic control specialists--those who repair, inspect, and maintain the air traffic control system--opened up to outsourcing. And the administration just completed a ``feasibility study'' of privatizing the jobs of flight service station controllers--the experts who provide critical weather, safety, and security alerts to pilots.

Next on the agenda for the administration are the air traffic controllers, who monitor and guide thousands of aircraft every day over the United States.

The administration has already proposed air traffic controller privatization in two of its annual budgets. In June 2002, President Bush issued an executive order stripping air traffic services of its ``inherently governmental'' status. And in December 2002, the administration issued a document designating air traffic control a ``commercial'' activity,  opening the door to contracting out the jobs of air traffic controllers to the lowest bidder.

This change from ``inherently governmental'' to a ``commercial'' function is more than a technical change--``inherently governmental'' functions can never be privatized, while ``commercial'' functions may be outsourced.

The administration is trying to accomplish its privatization plan under the public's radar screen through the Office of Management and Budget's A-76 process. We in Congress have the power to stop this process and the bill I am introducing today will reverse the administration's plan.

My Safe and Secure Skies Act will return air traffic control functions to ``inherently governmental'' status, thus barring any privatization action. I do want to note, however, that my legislation will not affect the existing FAA ``Contract Tower'' program, which involves some small, visual flight rules airports.

We currently have the best air traffic control system in the world. Over 15,000 dedicated Federal air traffic controllers guide more than 2 million passengers a day home safely. Maintaining and inspecting the system are over 11,000 air traffic specialists, and nearly 3,000 flight service station controllers provide critical information and alerts to pilots. They are expert professionals who perform under pressure every day to keep our skies safe.

I believe our air traffic controllers are almost a wing of the military, and they play a major role in homeland security. When President Bush gave the State of the Union speech last month, it was the flight service station air traffic controllers who sent alerts to avoid the expanded ``no-fly'' zone around Washington. And when the space shuttle Columbia tragically disintegrated in the skies over Texas, it was the air traffic controllers who directed aircraft away from the falling debris field.

These men and women perform a critical government function.

Some claim that privatization will save money. But when you look at other countries' experiments with air traffic control privatization, all you see are financial messes and safety hazards. Australia, Canada, and Great Britain all have privatized systems that are now in crisis. Costs have gone up and safety has gone down.

Since Great Britain adopted privatization, near misses have increased by 50 percent and delays have increased by 20 percent. The British Government has already had to bail out the privatized air traffic control company twice.

Privatization of the air traffic control system is bad fiscal policy, bad safety policy, bad homeland security policy, and the public doesn't want it.

I therefore ask my colleagues to support my Safe and Secure Skies Act, which will declare these critical air traffic control functions to be ``inherently governmental'', and therefore not eligible for outsourcing.

The safety of our skies should not be put in the hands of the lowest bidder.