Senate Introduces FAA Bill
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By Adrian Schofield
The Senate yesterday introduced its long-awaited FAA reauthorization bill, including some controversial elements from the House version but rejecting others, such as a review of airline alliances.
The reauthorization bill is written by Commerce Committee Chair Jay Rockefeller (D-W.Va.), aviation subcommittee Chair Byron Dorgan (D-N.D.), and ranking committee Republicans. The House passed its own version in May, and House lawmakers have frequently chided the Senate for lagging on this issue. The Obama Administration has hinted at its stance in major aviation policy areas, but has yet to introduce its own reauthorization proposal.
While reauthorization is typically granted for four-year periods, the Senate bill covers only two years. Rockefeller said the two-year approach will give the Obama Administration “a chance to work out its own aviation program,” on which it has not yet focused. It will also give the aviation industry some funding certainty in the meantime, said Rockefeller.
Overall, the FAA would receive $17.04 billion in fiscal 2010, and $17.53 billion in fiscal 2011. For fiscal 2010, the Senate has kept the operations funding line consistent with the administration’s budget request for that year. However, the facilities and equipment and airport grant lines are set at higher levels than the White House request, “to ensure modernization needs are met.”
Notably, the Senate bill contains no user-fee language, even though Rockefeller pushed for a nominal per-flight fee during the reauthorization debate last year. He made it clear yesterday that he “still feel[s] strongly” that more of the ATC cost should be spread to general aviation. The House bill also contains no user-fee provision, but the Obama Administration has said it wants to introduce such a fee from fiscal 2011 onward.
The Senate has not raised the passenger facility charge cap in its reauthorization bill, in contrast to House lawmakers who increased the PFC cap. Instead, the Senate bill would introduce a pilot program at six airports where the PFC cap is removed if an airport can charge passengers directly instead of through an airline.
Another thing that could cause a clash between the House and Senate is the issue of airline alliances. Rep. James Oberstar (D-Minn.) insisted on a clause in the House bill that would sunset all airline alliances, forcing them to reapply for approval after a re-examination of the criteria. The Senate bill has no alliance language, giving the impression that Oberstar has little support on this topic. This will be “one of a number of matters” that will have to be worked out in conference, according to Rockefeller.
The Senate bill does require U.S. inspections of foreign repair stations, a provision in the House bill that has prompted strong opposition from the European Union. However, the bill’s authors say they “don’t expect...to have a problem with Europe” over the bill, and they suggested they will exclude regions like this from the inspection requirement.
On the modernization front, the Senate bill calls for the acceleration of various NextGen technologies, including automatic dependent surveillance-broadcast (ADS-B). ADS-B “out” capability would be required on all aircraft by 2015, and ADS-B “in” by 2018. The bill also sets milestones for completing all RNP and RNAV procedures at the top 35 airports by 2014, and throughout the airspace system by 2018. The Senate proposes a “chief NextGen officer” position at FAA, as well as the creation of an ATC modernization oversight board.
A passenger rights provision includes a “hard requirement” for passengers to be allowed to deplane in the event of delays of three hours or more. The Senate bill also calls for a series of pilot fatigue studies and enhanced safety oversight programs. It lifts authorized Essential Air Service funding by $48 million to $175 million a year, and maintains the Small Community Air Service Development program at $35 million a year.
