FAA Bill Schedule Raises Concerns
By Adrian Schofield
With little progress being made in resolving key policy questions, the prospects of completing the FAA reauthorization bill before a July 3 deadline are fading, says a source close to the negotiations.
Staffers have begun discussions to try and reconcile the House and Senate versions of the reauthorization bill. The intention was that staff would negotiate the less controversial issues, and leave the half-dozen major differences for senior lawmakers to thrash out. The latest three-month extension to the FAA operating authority is intended to give the House and Senate time to merge their bills.
Many of the “low-hanging” items have been addressed by staff. However, there have not yet been any moves to bring the lawmakers into the discussions, the source tells The DAILY. While staff have engaged in initial talks on the major items, there has been no sign of compromise from the House side.
Based on the current rate of progress, the source believes there will not be enough time to resolve all the issues before the current extension expires on July 3. And if another extension is required, it will become increasingly difficult to find time on the Senate calendar to pass a reconciled bill. Congress will be in recess for much of August, and lawmakers may lose interest in reauthorization in the lead-up to mid-term elections.
Among the more controversial measures proposed in the House bill is one that would “sunset” antitrust immunity for airline alliances, requiring carriers to reapply. Airlines say such a move would throw the industry into chaos, and many observers expected a compromise involving a study or review of alliance benefits. But while the issue has been discussed by staffers, House Democrats so far remain adamant about the sunsetting provision, the source says.
Similarly, there is no agreement yet on a House clause that would change the way labor rules are applied to FedEx Express workers. This issue is the one with most potential to derail the bill, as Senate opponents believe they have enough support to block the legislation if the FedEx language stays. Both the ATI and FedEx clauses are strongly backed by House Transportation and Infrastructure Committee Chairman James Oberstar (D-Minn.)
However, a House T&I Committee spokesman says the reauthorization talks are “still early in the process.” Lawmakers have the rest of May and June to reach agreement, and “Congress usually responds to deadlines by waiting until the last minute.” July 3 remains the target for finishing the bill, he says. Oberstar has recently expressed similar confidence in the target date being achieved.
Talks are at the point they should be at this stage, the spokesman says, and senior lawmakers will probably become involved in early or mid-June. He also points out that House staff will probably be loath to signal where ground will be ceded on the major issues because that would undercut the positions of the lawmakers when they enter the discussions. However, the spokesman did say that Oberstar firmly believes in the ATI and FedEx clauses, and will not give up on them easily.