For Release: Thursday, May 21, 2009
Contact: David Gillies: 202-225-5661

HOUSE PASSES OBERSTAR/COSTELLO FAA REAUTHORIZATION BILL

Historic Legislation Addresses Modernization of Our Aviation System, Safety and Passengers’ Rights

Washington - U.S. Congressman Jerry Costello (D-IL), Chairman of the House Aviation Subcommittee, today hailed the passage of H.R. 915, the FAA Reauthorization Act of 2009, by the full House of Representatives. Costello co-authored the bill with Transportation and Infrastructure Committee Chairman James Oberstar (D-MN), which is a comprehensive approach to funding and operating the Federal Aviation Administration (FAA) and other aspects of our national aviation system. The House passed similar legislation in 2007, but it stalled in the Senate.

H.R. 915 would provide historic funding levels for the capital programs of the FAA, which will ensure that the resources are in place to begin the transition to the Next Generation Air Transportation System (NextGen) while providing necessary funding for airport improvements, particularly in rural areas. In addition, accountability provisions would be enacted to ensure that the FAA spends this money efficiently.

The bill also would improve safety by restoring balance between the FAA and the air traffic controller workforce in current and future contract negotiations, taking them back to their prior contract for the purposes of ongoing negotiations and requiring binding arbitration when the two sides reach an impasse.

“I have told President Obama and Transportation Secretary LaHood that the two biggest priorities for aviation are improving the relationship with our air traffic controllers and facilitating the development and implementation of NextGen – this bill accomplishes both,” said Costello. “In addition, we provide important safety improvements, consumer protections, and accountability and environmental provisions.”

The bill contains important provisions to address the problem of congestion and flight delays, requiring the FAA to meet with airlines when flight scheduling limits are exceeded. If no agreement on schedule reductions is reached, the FAA would use its administrative authority to enact necessary changes. H.R. 915 would also require airlines and airports to file emergency contingency plans with the FAA detailing how they will make water, food, bathroom facilities, good ventilation, medical treatment and options for deplanement available when flights are delayed and stuck on the tarmac. Fines will be levied if the plans are not filed and implemented.

“The FAA Reauthorization Act of 2009 is well overdue and is the result of many hearings and consultation with all stakeholders in the aviation community. I believe it is proactive legislation that leaves us well-positioned to make the technological changes necessary to keep our airspace the safest in the world. I look forward to working with my colleagues in the House and Senate to get it signed into law,” stated Costello.

Key provisions include:

Funding:

• Authorizes $16.2 billion for the Airport Improvement Program.
• Authorizes $13.4 billion for FAA Facilities & Equipment to accelerate the implementation of NextGen.
• Authorizes $39.3 billion for FAA Operations.
• Increases the maximum Passenger Facility Charge to $7.00 from $4.50 to help airports meet increased capital needs. The increase could raise an additional $1.1 billion for airport modernization.

Safety:

• Requires binding arbitration for future labor negotiations between air traffic controllers and the FAA; sends the two sides back to the table to reach a new contract (an impasse was declared in 2006 and the FAA imposed work rules).
• Increases the number of aviation safety inspectors by more than one-third.
• Requires the FAA to contract with the National Academy of Sciences to conduct a study on pilot fatigue, and then to consider the findings of the Academy and update, where appropriate, its regulations with regard to flight time limitations and rest requirements for pilots.
• Directs the FAA to initiate long-overdue action to ensure crewmember safety by applying occupational health standards on-board aircraft.

Accountability:

• Elevates the Director of the Joint Planning and Development Office to the status of Associate Administrator for NextGen within FAA to better coordinate the NextGen process.
• Requires annual reporting on NextGen-related deliverables and contains provisions to hold FAA vendors accountable for providing safe, quality services for automatic dependent surveillance broadcast (ADS-B, a technology to prevent runway incursions) and flight service stations.
• Authorizes Government Accountability Office, Department of Transportation Inspector General, and National Research Council audits and reports related to NextGen that will help Congress exercise its oversight responsibilities.

Consumer Issues:

• Requires airlines and airports to have emergency contingency plans in place to take care of passengers that are involved in long flight and tarmac delays. These plans must account for the provision of food, water, clean restrooms, cabin ventilation and medical care and deplanement for passengers, and fines are imposed by the Department of Transportation for violations. The plans must be updated by airlines every three years and airports every five years.
• Provides that a 1-800 number for passenger complaints to the Aviation Consumer Protection Division at the Department of Transportation will be printed on every airline ticket.

Environmental Stewardship:

• Authorizes a new “green” air traffic control facilities program, which calls for the FAA, to the maximum extent possible, to implement environmentally-beneficial practices for new construction and major renovation of air traffic control facilities, as the City of Chicago did recently at O’Hare International Airport.
• Establishes the CLEEN Engine and Airframe Technology Partnership to develop cleaner, quieter, more efficient engines and aircraft.

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