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Air safety legislation is competing for time with health care

Published:February 22, 2010, 12:34 PM

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Updated: August 21, 2010, 8:36 AM

WASHINGTON — Airline safety remains a priority in Congress, following the crash of

Continental Connection Flight 3407 in Clarence Center, but an obstacle stands in its way:

health care reform.

While that may seem nonsensical at first blush, both the health care bill and the legislation

including those air safety measures must be approved by the Senate Finance Committee —

which for months has been focused on trying to devise a bipartisan health care reform bill.

A Finance Committee staff member indicated last week that there's no reason for supporters of

the air safety reforms to worry. But families and friends of the victims of Flight 3407 say

they are concerned that the health care debate could delay, and maybe even derail, the safety

improvements they've fought to achieve.

While the Flight 3407 families have met with lawmakers and key staff members on all the other

relevant committees on both sides of Capitol Hill, they have been unable to get a meeting with

either the Finance Committee chairman or his aides.

"Clearly, health care is a big deal," said Kevin Kuwik, whose girlfriend, Lorin Maurer, was a

victim of the Flight 3407 crash, which claimed 50 lives.

But Kuwik said he is concerned that the health care debate will consume so much of the Finance

Committee's attention that the Federal Aviation Administration reauthorization bill —

which includes the safety measures — will remain stalled.

"It's important that this not just get pushed to the side, because this is very important

safety legislation," said Kuwik, who has been lobbying Congress for those safety measures in

wake of the Feb. 12 crash of Flight 3407.

A Finance Committee aide said that staff members are working on the measure and that the

committee will hold a hearing on the FAA bill soon, although no date has been set yet.

"We walk and chew gum at the same time here at the Finance Committee," the aide said.

Sen. Charles E. Schumer, the New York Democrat who serves on the Finance Committee,

acknowledged that the health care legislation was delaying work on the aviation bill.

"Health care is sort of standing in the way," said Schumer, a strong advocate of both the

health care and aviation safety legislation. "It's sucking the air out of everything else."

Schumer vowed to continue pressing the Finance Committee for quick action on the FAA

reauthorization bill.

A version of that measure, loaded with safety provisions, passed the Senate Commerce Committee

last month. That bill calls for an independent study of scientific research on pilot fatigue

— and requires that the findings be included in the FAA's upcoming new flight-time and

duty-time rules for pilots.

In addition, that bill would mandate that airlines adopt additional safety oversight programs

and give airlines complete access to the flight records of potential pilots.

The House passed its version of the FAA reauthorization bill in May, leaving the safety issues

from the Clarence crash to be dealt with in separate legislation.

That bill, which is expected to pass the House with overwhelming support once Congress returns

to Washington after Labor Day, includes safety provisions that are even more stringent than

those in the Senate bill.

The House bill would set up a database to make sure airlines could get a complete flying

history of their prospective pilots before they are hired. In addition, it would mandate

stringent training requirements to make sure pilots know how to operate stall recovery systems

and would require airlines to develop fatigue risk-management systems for their pilots.

All of those measures stem from revelations about the crash of Flight 3407, which federal

investigators found plunged from the sky after the pilot pulled back on the controls rather

than push them forward, as he should have done.

The pilot, Capt. Marvin D. Renslow, had failed several test flights and had not had complete

training in using the plane's stall recovery system.

The congressional safety measures are expected to be combined into the final version of the

FAA reauthorization, a $34.5 billion measure that sets federal aviation policy and funds the

agency for the next two years.

The Senate Finance Committee has to approve the FAA reauthorization before the full Senate

votes on it because that panel has jurisdiction over the fees and other revenue sources that

fund the agency's operations.

"But this is not just about funding the FAA," Kuwik noted. "There's a lot more at stake here."

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