The Senate is facing mounting pressure from the aviation community to secure long-term legislation extending the Federal Aviation Administration’s legal authority as a September deadline approaches.
Amid a series of short-term extensions since 2015, the House approved its version of the FAA reauthorization bill in April, and now the measure is awaiting approval from the Senate before the FAA’s legal authority expires on Sept. 30.
As the possibility of another short-term extension grows, more than 30 aviation groups including Airlines for America, Global Business Travel Association, Travelers United, and the National Business Aviation Association have urged Senate Majority Leader Mitch McConnell, R-Ky., and Senate Minority Leader Chuck Schumer, D-N.Y., to pass a long-term reauthorization bill.
In the event that the FAA’s authorization entirely expires, the FAA would be barred from using revenues from the Airport and Airway Trust Fund. But if another short-term extension were issued, which experts believe is the more likely scenario, It’s almost certain current funding levels would stay in place and outdated laws would remain effective. However, there have been some exceptions, such as the July 2016 short-term extension that included some policy changes.
“The most time-sensitive issue is a new legal framework for dealing with unmanned aircraft systems,” said Jeff Davis, a senior fellow at the Eno Center for Transportation. “Right now, the Federal Aviation Administration is trying its best to regulate drones under laws last updated in 2012, and six years is an eternity in a market changing this fast.”
The aviation groups also argued long-term authorization is “essential” for the FAA’s operations “in order to maintain and advance the safest, most efficient aerospace system in the world.”
“The FAA’s success and that of the aviation system will be significantly enhanced by progress and passage of a long-term reauthorization bill,” the aviation groups wrote in an August letter to the Senate leaders.
“Prompt consideration by the Senate will enable discussions with the House to resolve any outstanding differences between the two bills, prior to the expiration of authority on Sept. 30,” the aviation groups wrote in the letter.
The groups also noted that 11 million people work in the aviation industry and argued that a long-term reauthorization would permit “employers, manufacturers, customers and communities the certainty to continue to build, invest, hire, innovate and grow in this dynamic industry.”
Although lawmakers are coming down to the wire, Chairman of the Senate Commerce, Science, and Transportation Committee John Thune, R-S.D., is still angling for a solution before the end of the month.
“Sen. Thune is exploring all options to move a long-term FAA reauthorization through the Senate and avoid the need for any short-term extension,” committee spokesperson Frederick Hill said in a statement.
Chairman of the House Transportation and Infrastructure Committee Bill Shuster, R-Pa., is also pushing for a long-term reauthorization in the coming weeks.
“Chairman Shuster is focused on working with his House and Senate colleagues to send a bipartisan, long-term FAA reauthorization to the president’s desk before the end of September,” committee spokesperson Justin Harclerode said in a statement.
But experts believe time has run out for the Senate to pass its version of the legislation, and for it to be hammered out in a conference committee before the end of the month. Davis expects to see another extension that lasts until the end of the year.
“It does appear that an extension to December is the likeliest bet,” Davis said.
Robert Poole, director of transportation policy at the Reason Foundation, also expects another short-term extension will be issued this month, given other Senate priorities including confirmation hearings for Supreme Court nominee Brett Kavanaugh.
“There is not going to be floor time to actually do this this month — to pass a Senate bill and then reconcile the existing House bill and the Senate bill,” Poole said. “I don’t think anybody really expects that to happen.”
Regardless of how long the extension would last, Poole predicted that securing a long-term reauthorization would spill over into 2019 since Congress is not in session for many days following the 2018 midterms.
“I’m not optimistic that they’ll get it done by the end of the year,” Poole said.
“It’s important to those of us who are concerned with aviation, but in the overall scheme of things, this pales in comparison,” Poole added.
