FAA Extension: The Bad Art of the Backroom Deal

July 12, 2016
As Congress puts the finishing touches on an extension of the FAA's operational and funding authority, the aviation maintenance industry has fallen victim to "the business as usual" of congressional micromanagement through backroom deals.
Wherever in the world you're observing the U.S. electoral process, it's not hard to sense a burning animosity among the American people toward "business as usual" in Washington, D.C. Citizens are dissatisfied with a growing, unresponsive government, populated by entrenched politicians more concerned with self-preservation than good policy and working through secretive deliberations outside the public view.
Unfortunately, as Congress puts the finishing touches on an extension of the FAA's operational and funding authority (FAA Extension, Safety and Security Act of 2016), the aviation maintenance industry has fallen victim to "the business as usual" of congressional micromanagement through backroom deals.
Congress has a bad habit of missing FAA reauthorization deadlines, so short-term continuations of the agency's authority are often necessary. ARSA has long held that serious aviation policy changes should be made only in the context of "full" reauthorizations, not through must-pass extensions.  In particular, controversial provisions should only be considered in the context of a larger, long-term legislative effort that is open and transparent, amendable and subjected to full legislative scrutiny in both congressional chambers.
Last week, the House Transportation and Infrastructure Committee and Senate Commerce, Science and Transportation Committee leadership concluded backroom negotiations on an FAA extension. The final result includes provisions mandating pre-employment background checks for all part 145 repair station employees performing safety-sensitive functions on air carrier aircraft and setting arbitrary, impossible-to-meet deadlines for the FAA's rulemaking on foreign drug and alcohol testing. Both are solutions in search of problems that will drive up costs on aviation maintenance companies with no safety benefit.
The FAA's current authorization expires on July 15. Lawmakers are itching to attend party conventions, campaign and relax on vacation. Congress has put itself in a "must-pass" situation, so those opposed to the repair station provisions have no way to protect maintenance providers without voting to shut down the agency. Procedural rules make it nearly impossible to alter or stop the legislation, which has already been approved by the House.
You can find a full update on the bill at arsa.org/faa-reauthorization. The simple truth is that lawmakers, behind the veil, used this extension to scapegoat repair stations in the name of protectionism and fear. In response and to prevent similar provisions from being enacted in the future, I urge you to engage your elected representatives: Tell them that aviation policy should be based on real safety justifications, not politics, and sneaking provisions targeting repair stations onto a short-term extension is unacceptable.
Sincerely,
Daniel B. Fisher
Vice President of Legislative Affairs
The Aeronautical Repair Station Association
703.739.9543 Ext. 103