FAA REAUTHORIZATION (AIR-21)

STATUS
On March 8, 2000, the Senate passed the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (H.R. 1000) by a vote of 82 to 17. The House of Representatives passed the measure on March 14, by a vote of 319 to 101. The bill was signed into law (P.L.106-181) by President Clinton on April 5, 2000.

CONFERENCE REPORT
The three-year, $40 billion FAA Reauthorization Act funds the agency primarily through the $33.3 billion from the Airport and Airways Trust Fund (AATF). The remaining $6.7 billion is needed from general revenue funds and thus subject to the annual appropriations process. Over the next three years, the Act authorizes:

• $20.835 billion for FAA operations (now funded at $5.893 billion, increase to $6.592 billion in FY2001, $6.886 billion in FY2002, and $7.357 billion in FY2003);
• $9.9 billion for Airport Improvement Program (AIP);
• $8.552 billion for Facilities and Equipment (F&E); and
• $741 million for research.

While the AATF is not taken off-budget, the Act establishes a point of order requiring that all trust fund receipts and interest be spent on aviation projects. In addition, the legislative language establishes a point of order to ensure that the AIP and F&E are funded at their full authorization level. The Act, however, does not provide for any general revenue guarantee for aviation programs.

MERIT SYSTEM PROTECTION BOARD (MSPB)
The Conference report includes language, supported by NATCA, which restores the rights of FAA employees to utilize the Merit System Protection Board (MSPB) for adverse actions. Now, FAA employees subject to an adverse personnel action may contest it either through contractual grievance procedures, FAA internal procedures or by appeal to the MSPB. The MSPB is an independent, quasi-judicial Executive branch agency that reviews contested personnel cases. The Board's mission is to ensure that Federal employees are protected against abuses by agency management, that Executive Branch agencies make employment decisions in accordance with the merit systems principles, and that Federal merit systems are kept free of prohibited personnel practices.

The FAA was the only federal agency whose employees where prohibited from appealing to the MSPB. FAA employees lost the right in the FY96 DOT Appropriations Act which removed the FAA from Title 5 of the U.S. Code. In its place, the FAA created an internal appeals process known as "guaranteed fair treatment" that consisted of a three-member panel to decide contested disciplinary actions.

WHISTLEBLOWER PROTECTIONS
The FAA Conference report would restores whistleblower protection to FAA employees, including investigation and enforcement provisions. FAA employees lost these rights in the FY96 DOT Appropriations Act when the agency was removed from Title 5 of the U.S. Code.

REPORT ON OCEANIC
The Conference bill requires FAA Administrator Garvey to report to Congress on plans to modernize oceanic air traffic control operations including requirements and budget.

MANAGEMENT REFORM
The conference report retains the Management Advisory Board (MAC) which was authorized under the 1996 FAA Reauthorization Act but never formed. Membership to the MAC will consist of ten aviation industry representatives and one union leader representing air traffic control employees. Initial appointments to the MAC will be made by the President and confirmed by the Senate. Thereafter, all appointments will be made by the Secretary of Transportation. Appointments are for three years, except the union leader who is appointed only while head of the union.

In addition, the Act creates a five-member Air Traffic Services Subcommittee appointed by the Secretary of Transportation after consultation with the House and Senate Transportation Committees. Subcommittee members must represent the public and are prohibited from having any interest/involvement in an aviation business. Members are appointed for five-year terms and should have experience in management, labor relations, informational technology and organizational development. Subcommittee members will elect their own Chairman (2-year term) and meet quarterly. The Subcommittee will "oversee the administration, management, conduct, direction and supervision of the air traffic control system." Specifically the Subcommittee is charged with approving and monitoring a strategic plan for the ATC system, reviewing operational functions, and approving FAA budget request. Also, the Subcommittee will approve the FAA Administrator¹s appointment for Chief Operating Officer (COO). If the Subcommittee discovers an ATC problem that is not being properly addressed, it shall report the matter to the FAA Administrator, the MAC and Congress. If the Administrator agrees with the Subcommittee, action must be taken within 60 days. If the Administrator does not agree with the Subcommittee, a report to that effect must be filed with the President and Congress.

Neither the Secretary of Transportation nor the FAA Administrator will serve on the MAC or the Air Traffic Service Subcommittee.

The Chief Operating Officer (COO) will serve a 5-year term and report directly to the Administrator. The COO is eligible for a 30% performance-based bonus. Performance goals will be established by the Administrator and the COO in consultation with the Air Traffic Services Subcommittee.