Reauthorization of the Federal Aviation Administration

Publication Date: September 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Transportation

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Abstract:

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (FAIR21 or AIR21; P.L. 106-181), which currently provides authorization for the Federal Aviation Administration (FAA) and related aviation programs, expires at the end of FY2003. Consequently, the 108th Congress has been engaged in the process of drafting and debating legislation to reauthorize the FAA and related aviation programs for future years.

A number of issues have risen to prominence in the reauthorization debate. The condition of the airline industry, while not directly addressed in the bills, has had an impact on the debate because the aviation industry's recessionary environment has constrained the trust fund revenues that support most of the FAA budget. Increasing capacity and reducing future congestion and delay are issues that are addressed in both airport development proposals as well as proposals concerning air traffic modernization. "Environmental streamlining" is also a major element of the reauthorization debate, involving proposals to expedite environmental reviews potentially affecting the completion of airport capacity capital projects. Funding security enhancements at airports without depleting the Airport and Airway Trust Fund of funds needed to support the national system’s other needs has become a significant issue in the debate. Subsidizing air service to isolated communities is a perennial issue in FAA reauthorization as are other issues such as federal aid for airport noise mitigation, aviation safety, and air traffic control privatization.

On June 11, 2003, H.R. 2115, Flight 100 – Century of Aviation Reauthorization Act, was passed by the House of Representatives (Roll Call 264). The House bill proposes a total budget of $58.2 billion over 4 years, for airport improvements, facilities and equipment, and FAA operations and maintenance. Legislation to reauthorize the FAA’s research, engineering and development functions was never considered during House floor action. Parts of House introduced legislation, H.R. 2734 and H.R. 2271, are part of the conference agreement discussed below.

On June 12, 2003, the Senate passed its version of H.R. 2115, striking out the House language and substituting the amended language of S. 824. The Senate proposal is for a three-year reauthorization totaling $43.5 billion, for airport improvements, facilities and equipment, FAA operations and maintenance, and research, engineering and development. While the Senate proposal provides somewhat lower funding levels than the House, both the Senate and the House bills would provide more funding than the administration’s request of $57.3 billion over four years.

On July 25, 2003, Vision 100 – Century of Aviation Reauthorization Act (H.Rept. 108-240) was reported out of conference. The conference bill would provide $59.2 billion over 4 years for FAA activities Several provisions of the conference bill are controversial, however, and have so far prevented the bill from being considered in either the House or the Senate. Most notable of these is a provision that would prevent privatization of certain air traffic control functions, but allow privatization of designated airport towers.