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Thursday, January 14, 2010

Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 111th Congress

Bart Elias, Coordinator
Specialist in Aviation Policy

Funding authorization for aviation programs set forth in Vision 100—Century of Aviation Reauthorization Act (P.L. 108-176) and authorization for taxes and fees that provide revenue for the aviation trust fund expired at the end of FY2007. While Federal Aviation Administration (FAA) reauthorization legislation was considered during the 110th Congress, the only related legislation enacted consisted of several short-term extensions for aviation trust fund revenue collections and aviation program authority. The Federal Aviation Administration Extension Act, Part II (P.L. 110-330) extended these authorizations until March 31, 2009, thus carrying the issue of FAA reauthorization over to the 111th Congress. On March 30, 2009, the Federal Aviation Administration Extension Act of 2009 (P.L. 111-12) was enacted, further extending revenue collections and aviation program authority through the end of FY2009, and on October 1, 2009, the Fiscal Year 2010 Federal Aviation Administration Extension Act (P.L. 111-69) was enacted, further extending this authority through the end of calendar year 2009. On December 16, 2009, the Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II (P.L. 111-116) was enacted further extending the existing authority until March 31, 2010. 

On February 11, 2009, Representative Oberstar introduced the FAA Reauthorization Act of 2009 (H.R. 915). The bill is similar to FAA reauthorization legislation passed by the House during the 110th Congress (see H.R. 2881, 110th Congress). H.R. 915, as amended was passed by the House on May 21, 2009. H.R. 915 would authorize almost $54 billion for FAA programs over three years spanning from FY2010 through FY2012. The financing title of the bill would raise fuel taxes for corporate jets and other general aviation aircraft, but would keep fuel taxes paid by the airlines and passengers' taxes at their current rates. The bill would also allow airports to increase passenger facility charges (PFCs), raising the maximum from $4.50 to $7 per passenger. The bill would increase authorized spending for facilities and equipment to support development of Next Generation (NextGen) air traffic modernization initiatives, and would authorize increased funding for airport infrastructure improvement grants. The bill seeks modifications in FAA management and oversight of NextGen air traffic modernization projects, and includes provisions addressing system capacity, aviation safety, environmental issues, and airline industry issues, including airline passenger rights issues. The House also passed the Airline Safety and Pilot Training Improvement Act of 2009 (H.R. 3371) on October 14, 2009. The bill contains numerous provisions related to airline safety that may be considered in the broader context of FAA reauthorization. 

On July 14, 2009, Senator Rockefeller introduced the FAA Air Transportation Modernization and Safety Improvement Act (S. 1451), containing a two-year FAA reauthorization proposal. A markup session was held by the Senate Committee on Commerce, Science, and Transportation on July 21, 2009, and the bill, as amended, was ordered reported. S. 1451 would authorize $34.56 billion over a two-year span covering FY2010 and FY2011. Unlike the Aviation Investment and Modernization Act of 2007 (S. 1300, 110th Congress), S. 1451 does not contain any proposal for aviation system user fees. Rather, it focuses on accelerating the deployment of NextGen air traffic technologies and a number of safety issues, including the safety of air ambulance operations, unmanned aircraft, commuter airlines, and FAA oversight of airlines and aircraft repair stations. The bill seeks to streamline the PFC approval process, but does not seek any increase to maximum PFC levels. The bill also seeks to improve airline consumer service through enhanced disclosure requirements and contingencies for flights that are substantially delayed, and it seeks an increase in funding for Essential Air Service (EAS) subsidies and small community air service grants. This report will be updated as needed.

Date of Report: January 7, 2010
Number of Pages: 81
Order Number: R40410
Price: $29.95

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