FAA Reauthorization

Every several years, Congress is required to enact legislation to authorize funding and set policy priorities for the Federal Aviation Administration (FAA). The current FAA authorization law, Vision-100, was enacted in 2003 and expired in 2007. Since its expiration, lawmakers have failed to approve a new reauthorization bill for the agency; consequently, the FAA has been operating under a series of short term extensions.

ARSA believes that passage of a long-term FAA bill is important to restore certainty to the aviation industry. However, it is critical that Congress avoid micromanagement of aviation maintenance and minimize unintended consequences. If not, our industry will suffer.

As a current net exporter of aviation maintenance services, North America enjoys a $ 2.4 billion dollar positive balance of trade in this area. Additionally, with a substantial presence in every state, the maintenance repair and overhaul market contributes $39 billion annually to the American economy and employs more than 274,000 workers.

FAA reauthorization bills have kept lawmakers busy at the outset of the 112th Congress, with separate legislation providing a blueprint for the agency’s funding and policy priorities passing both the House and Senate.

Continue reading for the latest information regarding the FAA Reauthorization debate in Congress, ARSA’s role in that debate, and the actions you can take to support your industry and get this critical legislation off the ground.

The House

On April 1, the House of Representatives approved the FAA Reauthorization and Reform Act of 2011 (H.R. 658), 223-196.

The proposal’s maintenance provisions, which ARSA endorsed, are a major improvement over the FAA bill passed by the House during the 111th Congress. That legislation would have added new layers of bureaucratic oversight, increased costs for repair stations, and threatened the system of bilateral aviation safety agreements (BASA) that allow U.S. aviation maintenance companies to compete internationally.

The current House bill strikes the right balance between safety, oversight, and a repair station’s ability to remain economically competitive and viable. Among other things H.R. 658:

• Establishes a safety assessment system for foreign repair station inspections. The new plan calls for risk-based inspections and requires the FAA to consider inspection results from foreign civil aviation authorities operating under a maintenance agreement with the United States. The bill passed by the House in the 111th Congress would have mandated duplicative inspections of all foreign repair stations by the FAA and caused the collapse of the U.S. BASA with the European Union;

• Subjects all part 145 repair station employees responsible for safety sensitive maintenance functions on part 121 aircraft to drug and alcohol (D&A) testing consistent with the laws of the country where the repair station is located. The prior legislation would have imposed D&A testing without regard to other nation’s laws and effectively forced repair stations in countries that prohibit random testing to surrender their certificates; and

• Ensures effective oversight of non-certificated maintenance without having unintended consequences that would undermine the efficiency of the maintenance and manufacturing industries.

In approving the bill, the House beat back an amendment from Rep. Peter DeFazio (D-OR) that would have mandated new criminal background checks for employees at part 145 repair stations. ARSA members aggressively lobbied against DeFazio’s proposal during the association’s 2011 Annual Legislative Day, which occurred while the measure was debated on the House floor.

The House adopted an amendment from Rep. Bill Shuster (R-PA) that would require the FAA to tailor regulations according to characteristics of different parts of industry and do a cost-benefit analysis before setting regulations.

However, President Obama has threatened to veto the House’s FAA reauthorization legislation as it contains a provision that reverses a National Mediation Board decision from 2010 making it easier for airline workers to unionize.

H.R. 658 will ensure more effective FAA oversight of foreign and domestic repair stations, allow the industry to build on its outstanding safety record, and ensure the continued competitiveness of the U.S. maintenance industry.

The Senate

On Feb. 17, the Senate approved the FAA Air Transportation Modernization and Safety Improvement Act (S. 223), 87-8.

Among other things, S. 223:

• Mandates biannual FAA safety inspections of part 145 repair stations, regardless of where the station is located, in a manner consistent with United States obligations under international agreements.

• Subjects all part 145 repair station employees responsible for safety sensitive maintenance functions on part 121 aircraft to D&A testing consistent with the laws of the country where the repair station is located. (The House bill contains the same language.)

• Undermines the efficiency of the maintenance industry by creating inconsistencies with the countless regulations that already govern non-certificated maintenance providers.

The Road Ahead

Now that both chambers have passed separate legislation, members from each body will be appointed to a conference committee to iron out the differences and negotiate a final bill.

The House and the Senate FAA bill’s have several important differences beyond those relating to repair stations, including overall funding levels The House measure allocates $59.7 billion in funding over four years while the Senate’s provides $35 billion over two years. As negotiators work on the legislation, it is important that repair stations remain active in pressing their case for the House language and not let their concerns be drowned out by more high profile issues.

ARSA has been engaged in an intense direct and grassroots lobbying campaign on the repair station provisions in the FAA bill and will remain actively involved in getting the House maintenance language signed into law. Additionally, through the Positive Publicity Campaign, the association and its members have worked to improve public understanding about the industry’s economic and employment impact in communities around the country.

The association will also continue to watch for and vigorously oppose any efforts that would inhibit international maintenance of U.S.-registered aircraft and related components, undermine international aviation agreements, or threaten the economic vitality of the aviation maintenance industry.

It is critical that the aviation maintenance industry must keep a united front and remind Congress of the industry’s vitality and importance to the national economy and global civil aviation.

What Can You Do?

ARSA members can play a critical role in getting FAA reauthorization passed. Member involvement is the essential ingredient to achieving legislation that respects the industry’s continued growth. The association has made it easy to help repair stations take the critical steps to ensure the industry is treated fairly on Capitol Hill. Visit www.ARSAAction.org to:

1. Encourage your representatives to urge House conferees to support the repair stations provisions of H.R. 658; and,

2. Urge the Senate and its conferees to adopt the foreign repair station and non-certificated maintenance language in H.R. 658 in conference negotiations.

Invite your lawmakers to your Repair Station

A personal visit to your facility by your representative or senator can have a huge impact in how they view not only your repair station, but also the entire industry. These facility visits allow lawmakers to see the work you do and meet with your employees (aka, voters) involved in aviation maintenance.

The association stands ready to assist you in scheduling a meeting with members of your congressional delegation. For more information, contact ARSA Vice President of Legislative Affairs Daniel Fisher.

Latest Reauthorization Updates and Documents:

It’s Done & We Won! FAA Bill Signed Into Law (2/8/12)

Final FAA reauthorization language - Conference Report on H.R. 658, FAA Reauthorization and Reform Act of 2012 (2/1/2012)

Joint Explanatory Statement of Managers, Foreign Repair Stations (explains differences between House and Senate passed provisions) (2/1/2012)

Joint Explanatory Statement of Managers, Noncertificated Maintenance Providers (explains differences between House and Senate passed provisions) (2/1/2012)

ARSA: Compromise FAA Bill Takes "Commonsense" Approach to Maintenance Oversight (2/1/12)

Taxiing To Take-Off? 23rd FAA Extension Signed into Law (2/1/12)

FAA Reauthorization Compromise Reached (1/20/12)

A 23rd Extension? (12/30/11)

ARSA Tells Congress to Complete FAA Reauthorization Bill (12/5/11)

Super Committee Failure Could Mean Cuts to FAA (11/30/11)

ARSA Launches "Lift the Ban" Survey (9/28/11)