February 13, 2009
What’s at Issue
The U.S. House of Representatives Committee on Transportation and Infrastructure introduced H.R. 915, the Federal aviation Administration (FAA) Reauthorization Act of 2009, which authorizes nearly $70 billion for the FAA through Fiscal Year 2012. The bill is nearly identical to H.R. 2881, introduced in 2007, which passed the House but stalled in the Senate. The bill expired in 2008 at the end of the 110th Congress. Although the FAA’s previous authorization was set to expire at the end of September 2007, the agency’s taxing and operating authority has been preserved through a series of extensions. The current extension expires at the end of March.
Why It’s Important
Legislation to reauthorize the FAA is considered in Congress every four or five years, and includes both funding and contract authority for the FAA. Without a reauthorization bill approved by Congress, the FAA would be unable to issue grants for airport improvement projects and other capacity expansion initiatives. Additionally, the FAA reauthorization bill serves as comprehensive legislation for all aviation-related issues pending in Congress, which means a large number of aviation issues are up for consideration in one piece of legislation.
Major Provisions
The following are various provisions of H.R. 915 that are either significant policy issues or that have a major impact on NATA members:
Funding Levels
- $16.2 billion for the Airport Improvement Program (AIP)
- $3.9 billion for FY 09
- $4.0 billion for FY10
- $4.1 billion for FY11
- $4.2 billion for FY12
- $13.4 billion for FAA Facilities & Equipment (F&E)
- $3.2 billion for FY09
- $3.2 billion for FY10
- $3.3 billion for FY11
- $3.5 billion for FY12
- $38.9 billion for FAA Operations
- $8.9 billion for FY09
- $9.5 billion for FY10
- $9.9 billion for FY11
- $10.3 billion for FY12
- $1.35 billion for Research, Engineering, and Development (RE&D)
- $323 million for FY09
- $327 million for FY10
- $339 million for FY11
- $360 million for FY12
NextGen
- Additional funds provided for F&E are intended to accelerate the implementation of the Next Generation Air Transportation System (NextGen), which will enable the FAA to make needed repairs and replace existing facilities and equipment to provide for high-priority safety-related systems.
- The director of the Joint Planning and Development Office (JPDO) will now be the associate administrator for NextGen within the FAA. An annual reporting requirement for NextGen deliverables and provisions to ensure FAA vendor accountability for providing safety, quality services for automatic dependent surveillance broadcast (ADS-B) and flight service stations will be required.
Passenger Facility Charges (PFC)
- PFC Increase: The legislation increases the cap on PFCs from $4.50 to $7.00. According to the FAA, the increase in PFC could generate $1.1 billion in additional revenue for airport development each year. Significant increases in AIP funding for smaller airports that are reliant on AIP for capital financing are provided.
Aviation Safety
- Inspection of Foreign Repair Stations: The legislation would require the FAA to certify that all Part 145 certificated foreign repair stations are inspected by FAA inspectors at least twice a year. The legislation would also require the FAA to certify that foreign repair stations adhere to drug and alcohol testing standards comparable to those in place for domestic Part 145 repair stations.
- Inspector Safety Staffing: The hiring of additional aviation safety inspectors in the FAA’s Flight Standards Division would be required.
- Runway Incursions: The bill would provide $46 million over four years for runway incursion reduction programs; $325 million over four years for runway status light acquisition and installation, and require the FAA to submit strategic runway safety plan to Congress.
- Air Carrier Oversight: An independent Aviation Safety Whistleblower Investigation Office would be created within the FAA and a two-year “post-service” cooling off period after inspectors leave the agency would be mandated.
- Flight Crew Fatigue: The bill would require a study of pilot fatigue to be completed by the National Academy of Sciences.
Small Communities:
- Essential Air Service (EAS: The legislation would increase EAS funding annually from $127 million to $200 million and incorporate financial incentives into EAS contracts based on specified performance goals such as establishing reasonable fares and creating convenient connections to hub airports. The existing $200 per passenger subsidy cap would be increased by an amount necessary to account for increases in aviation fuel costs.
- Small Community Air Service Development (SCASD) Program: SCASD would be extended through 2012 at the authorized level of $35 million per year.
Environment:
- CLEEN Engine and Airframe Technology Partnership: The bill would direct the FAA to enter into a ten-year cooperative agreement with an institution to carry out a program for the development and certification of low energy, emissions and noise (CLEEN) engine and airframe technology to reduce aircraft environmental impacts and energy usage.
- Environmental Mitigation Pilot Program: The FAA would be authorized to fund six projects at public-use airports to take promising environmental research concepts into the airport environment to demonstrate the technology’s ability to reduce aviation impacts on noise, air or water quality in that environment. The federal share of the project is 50%, not to exceed $2.5 million per project.
- Prohibition on State II Aircraft: All civil subsonic aircraft under 75,000 pounds would be required to meet Stage 3 noise levels within the 48 contiguous states within 5 years. There are limited exceptions for certain temporary operations.
Aviation Studies:
- Air Defense Identification Zone (ADIZ): A plan is included outlining specific changes to the Washington D.C. Air Defense Identification Zone that will decrease operational impacts and improve general aviation access to airports in the National Capitol Region that are currently impacted by the zone.
- Taskforce on Future of Aerospace Work: The Secretary of Labor would be directed to establish a baseline of general aviation employment statistics for purposes of projecting and anticipating future work force needs and demonstrating the economic impact of general aviation employment.
Air Traffic Controller Dispute
- FAA Personnel Management System: If the FAA and one of its bargaining units do not reach agreement, the services of the Federal Mediation and Conciliation Service shall be used or the parties may agree to an alternative dispute resolution procedure. This requirement would apply to the new dispute resolution process to the ongoing dispute between the National Air Traffic Controllers Association and the FAA.
NATA Position
NATA is pleased that the House Committee on Transportation and Infrastructure prepared H.R. 915 with the intention of it passing the House before March 31, 2009. H.R. 915 is nearly identical to H.R. 2881, the FAA Reauthorization Act of 2008, but with increased funding for AIP and F&E to aid NextGen. NATA is strongly supportive of language for small airports and small communities through increased EAS funding. While user fees are not included in the legislation, an increase in the tax on jet fuel is likely. NATA remains opposed to any form of user fees. Last year, the Senate Committee on Finance included an increase in the jet fuel tax that would provide additional funding for the Airport and Airways Trust Fund. The House Committee on Ways and Means, which is responsible for the tax titles of legislation, will receive the bill once the Committee on Transportation and Infrastructure passes the legislation out of their committee in the next few weeks. NATA will work with the Committee on Ways and Means to ensure that a repeal of the fuel fraud provision will be included in the legislation. We look forward to working with the House and Senate to ensure that provisions affecting general aviation remain favorable.
Status
The House Committee on Transportation and Infrastructure held a hearing on February 11, 2009, to hear testimony from the FAA and commercial and general aviation representatives regarding H.R. 915. The chairman of the committee, James Oberstar (D-MN), is hopeful that the legislation will be passed by the House before the extension expires on March 31, 2009.
Staff Contact:
Kristen Moore
Director, Legislative Affairs
Click here to view NATA’s Testimony on the FAA Reauthorization Act of 2009.