Legislative Update for Friday, September 18, 2009

Professional Aviation Safety Specialists (PASS), AFL-CIO

September 18, 2009

SENATE PASSES TRANSPORTATION FUNDING FOR 2010

On September 17, the Senate approved funding for the Departments of Transportation, and Housing and Urban Development, and related agencies for FY 2010 (H.R. 3288). The bill, which was passed in the House on July 23 (see Legislative Update, July 31, 2009) and introduced in the Senate on August 5, has been under debate in the Senate since September 10 as lawmakers addressed funding levels and earmarks. The $122 billion spending measure includes $75.8 billion for the Transportation Department with $16 billion allocated for the FAA, which is $40.5 million more than the budget request and $521.4 million more than the FY 2009 enacted level when excluding funding provided as part of the American Recovery and Reinvestment Act.

The Senate version of H.R. 3288 includes $9.4 billion for FAA operations, which is slightly greater than the House version and $23.3 million more than the budget request and $316.7 million more than the FY 2009 level. Within the operations account, the Senate recommended $7.3 billion for Air Traffic Operations (ATO), which is equal to the House recommendation and $2 million below the level requested in the budget and $202 million above FY 2009 enacted levels. For facilities and equipment (F&E), the Senate legislation recommended an appropriation of $2.9 billion, which is $17.2 million more than the budget estimate and $200 million more than the FY 2009 enacted level. Within this amount, $358 million has been allocated for research and demonstration projects to build new capabilities necessary for the FAA to develop the Next Generation Air Transportation System (NextGen). This figure is equal to the budget request and $157 million more than the FY 2009 enacted level. Of the total F&E amount, $2.5 billion is available until September 30, 2012, and $470 million is available until September 30, 2010.

As part of the ATO budget, the Senate included $35 million for activities related to the development of Area Navigation (RNAV) and Required Navigation Performance (RNP) procedures. This figure is $2.8 million over the budget request and $3 million over the House recommendation. In the Senate Appropriations Committee report accompanying the bill, lawmakers expressed disappointment at the progress for the Performance-Based Navigation program considering the additional funding provided in previous years. The committee directed the FAA to provide a report to the House and Senate Appropriation committees by February 10, 2010, detailing every procedure that will be developed with FY 2010 funds and an analysis of the benefits associated with the development of such procedures.

The committee report addressed NextGen staffing needs in relation to a study by the National Academy of Public Administration (NAPA) aimed at identifying the skills and workforce improvements necessary to develop NextGen. In reaction to the results of the study, the FAA requested and the Senate bill includes an increase of $7 million for FY 2010 in order to increase ATO staff by 104 full-time positions. In addition, the committee directed the Department of Transportation Inspector General to review how the FAA places these 104 positions and how well the agency addresses each of the recommendations contained in the NAPA report.

The operations account also includes $1.2 billion for aviation safety (AVS), a figure comparable to the House recommendation and $15.4 million above the administration's request and $67.2 million above the FY 2009 enacted level. The committee report specifically addressed the importance of raising the safety inspector workforce and the legislation includes $18.5 million to increase the inspector workforce by another 200 full-time positions in addition to the 36 full-time positions in the president's budget request. This recommendation is slightly greater in both dollar figure and number of positions than the House version. The committee directed the FAA to hire an additional 145 full-time Flight Standards staff and 55 full-time Aircraft Certification staff, while the House version directed an increase of 136 and 50 positions in Flight Standards and Aircraft Certification, respectively. In addition, PASS has been working diligently to call attention to the fact that many inspectors are not being permitted the time and capability to perform inspections in the field. As a result of these efforts, the committee report includes language directing the FAA to include in its next inspector workforce plan a benchmark for the amount of time that inspectors spend in the field directly observing industry operations.

Differences between the House and Senate versions of the appropriations legislation will be addressed in conference in the coming weeks.

UPDATE ON SENATE FAA REAUTHORIZATION BILL
PASS Call to Action

The Senate has yet to complete work on its FAA reauthorization bill - the FAA Air Transportation Modernization and Safety Improvement Act (S. 1451). Prior to the August recess, the bill was passed by the Committee on Commerce, Science and Transportation, and the Senate Finance Committee is expected to consider the bill as soon as it completes work on health care reform legislation. Once the Senate Finance Committee clears the bill, lawmakers will look for floor time in the coming months to vote on the bill. The House (H.R. 915) and Senate versions of the bill will then go to a conference committee, usually comprised of members from the House and Senate Aviation subcommittees, where the differences will be addressed. The legislation will then be voted on again by both bodies and submitted to the president for his signature. Due to the uncertainty of Senate floor time, an extension for FAA reauthorization will likely be required as the current extension expires September 30.

S. 1451 contains numerous provisions of importance to PASS (see Legislative Update, July 17, 2009); however, there is language in the Senate version that seeks to contract out work performed by FAA Aviation System Standards (AVN) employees. Section 510 of the legislation promotes the contracting out of the development of flight procedures and flight inspection programs. PASS believes Section 510 should be removed from the bill and is seeking Senate support in this effort. In addition, there is language in the Senate bill that weakens House-passed provisions requiring all FAA-certificated foreign repair stations working on U.S. aircraft be inspected at least twice a year by an FAA inspector and that foreign workers working at FAA-certificated foreign repair stations undergo drug and alcohol testing. Section 521 exempts FAA-certificated foreign repair stations in countries with bilateral aviation safety agreements from the twice annual inspections by an FAA inspector. Furthermore, the section only allows drug and alcohol testing of workers who perform maintenance on U.S.-registered aircraft to countries that would recognize such testing. PASS strongly supports the House-passed FAA reauthorization language.

ACTION ITEM: Previously, PASS issued a call to action on both issues asking members to generate letters to their Senate offices by visiting www.unionvoice.org/campaign/PBN to send a message regarding Section 510 or www.unionvoice.org/campaign/ForeignRepairStations regarding Section 521. If you have not responded to this call to action, please do so immediately. PASS also, asks that you follow up your messages with phone calls and visits to both of your Senate offices.