HOUSE FORCES FAA EMPLOYEE FURLOUGHS
Debate Over Controversial Provisions Prevents Extension of Funding
With members of Congress unable to agree on legislation to extend the FAA's funding authority and Congress adjourning for the weekend, there will be a shutdown of many important FAA programs and the furloughing of approximately 4,000 FAA employees beginning at midnight tonight. The current FAA extension expires today and House and Senate lawmakers have not been able to reach consensus on another extension. In introducing the 21st extension of the FAA reauthorization legislation, House lawmakers included controversial policy changes that had not been agreed to by the Senate. Unlike past extensions, which only included agreed-to language, the most recent House-passed extension (H.R. 2553) included reforms to the Essential Air Service (EAS) program, which subsidizes airlines flying into rural communities.
The House's inclusion of the controversial provisions has resulted in a battle over an extension of funding and spending authority of the Airport and Airway Trust Fund. The Trust Fund consists of the money collected by the federal government from ticket taxes and taxes on aviation fuel. Congress earmarks these funds for facilities and equipment (F&E), research and development (R&D), and airport improvements. It is believed that Rep. John Mica (R-Fla.), chair of the House Transportation and Infrastructure Committee, included the EAS provisions in the extension in order to force Senate agreement on language contained in the House version of the FAA reauthorization legislation (H.R. 658) that overrides the rules followed by the National Mediation Board (NMB) when overseeing elections for aviation and rail industry employees trying to form unions. This language is not included in the Senate version of the bill (S. 223). The provisions in the House-passed extension specifically target the elimination of EAS to locations in the home states of Senate Democratic Leader Harry Reid (D-Nev.), Senate Commerce, Science and Transportation Committee Chairman John Rockefeller (D-W.Va.), and Senate Finance Committee Chairman Max Baucus (D-Mont.).
"This surprise maneuver is a complete reversal from the discussions we have been having for several months, and strongly suggests you have not been negotiating in good faith," said Rockefeller in a letter to Mica. Rockefeller also spoke on the House floor on Thursday and called on Congress to pass an extension free of extraneous provisions. "Yesterday, at the direction of their Leadership, the House passed an extension that, unlike the 20 previous extensions, included changes to FAA policy that have not been agreed to in both chambers," said Rockefeller on Thursday. "This move will shut down the FAA beginning tomorrow at midnight if we do not reach agreement on a sensible path forward to pass a clean FAA extension. The consequences of an FAA shutdown will be severe."
Without an extension of the Trust Fund, the ticket tax and fuel taxes that support the fund can no longer be collected, meaning that there will be no new revenue coming in to the fund. Since the FAA will no longer have the authority to spend Trust Fund money, any employees, programs or contractors that are funded from F&E will be shutdown and all F&E employees would be furloughed until legislation is enacted to restore the FAA's authority to fund and spend from the Trust Fund. This would not apply to employees who are paid from the FAA's operations account, which is funded from both the Trust Fund and the general fund. In addition, vital FAA programs will be put at risk, the FAA will be prevented from moving forward on critical airport projects and improvements, and work will be stopped on major initiatives related to the Next Generation Air Transportation System (NextGen).
PASS joined with other unions representing FAA employees to send a letter to House and Senate leadership urging them to pass an extension of the FAA's authority. Of utmost importance, the letter warned, FAA employees must not be prevented from performing their work due to partisan politics. "These employees provide essential services and perform a variety of functions critical to the safe and efficient operation of the aviation system, including, among others, airport safety planning, NextGen research and testing, airport safety and engineering standards, and administering airport construction project grants," said the letter. "In order to ensure that these employees are able to continue to provide such important services, an FAA extension is imperative."
The administration echoed the concerns expressed by PASS in the letter and expressed frustration with the inability of Congress to pass an extension. "I'm very disappointed that Congress adjourned today without passing a clean extension of the FAA bill," said Department of Transportation Secretary Ray LaHood. "Because of their inaction, states and airports won't be able to work on their construction projects, and too many people will have to go without a paycheck. This is no way to run the best aviation system in the world."
"The FAA employees who will be furloughed perform critical work for our nation's aviation system and our economy," echoed FAA Administrator Randy Babbitt. "These are real people with families who do not deserve to be put out of work during these tough economic times."
The debate of the FAA extension has also reinvigorated attention on the overall FAA reauthorization legislation. House Transportation and Infrastructure Committee Ranking Member Nick Rahall (D-W.Va.) and Subcommittee on Aviation Ranking Member Jerry Costello (D-Ill.) sent a letter to Speaker of the House John Boehner (R-Ohio) requesting that the leader immediately convene a formal conference to complete work on FAA reauthorization provisions. The Senate, which named conferees earlier this year, has been waiting for the House to name its conferees, a move that has been delayed until an agreement was reached behind the scenes. In accordance with House rules, once conferees have been named, the conference must produce a final report within 20 calendar days (or 10 legislative days) or else the minority party can enforce a motion to instruct on the floor, which could subject the majority party to potentially difficult votes.
"The failure to enact a long-term FAA reauthorization act is costing taxpayers millions of dollars and the nation tens of thousands of good-paying jobs this year," said Rahall and Costello in their letter. "Short term, stop-gap funding authorizations have stymied airport construction, job creation, and the FAA's overall ability to efficiently administer its programs. Multiple FAA extension acts have created uncertainty among local airport officials regarding the total amount of Federal funding available this year for airport construction. The FAA needs the certainty, stability, and direction that a long-term reauthorization act provides. Further, the American public deserves a long-term FAA reauthorization act that will create jobs, improve safety, and modernize our infrastructure."
It is estimated that a partial shutdown of the FAA will allow the agency to operate certain air traffic support services through approximately mid-August. This could result in services to smaller areas being drawn down in the near term in order for the FAA to focus on primary traffic. Regarding the furloughs, PASS is currently working to determine which members are impacted and continuing to work with labor organizations and members of Congress to address the situation. PASS will continue to provide information to all PASS members as it develops.
"Quite simply, it is unconscionable that dedicated FAA employees, who are a critical part of the agency's ability to operate and maintain the safest air navigation system in the world, are being used by the House majority leadership as hostages in a partisan attempt to enact changes to federal policy," said PASS National President Tom Brantley. "PASS strongly urges House majority leaders to pursue such changes through appropriate venues instead of playing games with the safety and efficiency of the aviation system and the livelihood of dedicated FAA employees."
