U.S. Lawmakers Offer Bill To Protect ATC Ops During Shutdowns

House Transportation and Infrastructure (T&I)  Committee leaders introduced a bill this week to shield the air traffic control system from funding lapses in the event of a future shutdown. 

T&I Chairman Sam Graves (R-Missouri) and Ranking Member Rick Larsen (D-Washington) joined aviation subcommittee Chairman Troy Nehls (R-Texas) and Ranking Member Andre Carson (D-Indiana) today in introducing the Aviation Funding Solvency Act to allow the FAA to tap into the Aviation Insurance Revolving Fund to cover ATC services should there be another government funding lapse.

According to the committee, the Aviation Insurance Revolving Fund covers airline war risk insurance claims when activated under the Civil Reserve Air Fleet (CRAF) program. The program was terminated in 2014, but interest has continued to accumulate on the fund balance, reaching more than $2.6 billion. This is “significantly more than the fund has needed to cover CRAF claims,” the bipartisan leadership stated in their announcement of the bill.

The bill was introduced in the aftermath of the most recent shutdown, which was the longest in history and led to numerous ATC delays and traffic constraints—including an outright ban on general aviation at a dozen airports—as the FAA grappled with staffing shortages.

“I am grateful for our federal employees, especially our air traffic controllers, who showed up day in and day out throughout the shutdown to do their jobs, without pay, to ensure the safety of our aviation system and the nation,” Graves said. “But we all saw that the system can be vulnerable when Congress can’t get its job done.” Larsen agreed and added: “Our bipartisan bill ensures air traffic controllers and other aviation safety personnel will continue to get paid during future shutdowns and allows the FAA to operate uninterrupted so the agency can focus on its critical airspace safety mission.”

Nehls and Carsen likewise agreed that shutdowns should not put the flying public at risk or affect air traffic the way it did.

The bill immediately garnered aviation industry support, including from the broad-based Modern Skies Coalition comprising most of the major aviation associations. In addition, the coalition backed a separate but earlier bill offered by Sen. Jerry Moran (R-Kansas), also to protect ATC from government shutdowns.

“The effect of having fewer air traffic controllers on duty, without pay, is one of the first ways everyday Americans have felt the impact of recent government shutdowns,” said AOPA president and CEO Darren Pleasance. “This bill is vital to making sure the safety and efficiency of our National Airspace System is not politicized during lapses in government funding.”

Meanwhile, NBAA president and CEO Ed Bolen urged members of the Senate Commerce Committee to pass the legislation to ensure the aviation system continues safe and efficient operations during a shutdown.

“The shutdown impacted an industry that serves as a lifeline to rural economies, provides emergency medical transportation, and delivers humanitarian aid in times of need,” Bolen wrote in testimony for a committee hearing on how shutdowns threaten aviation, space, and innovation. “It stalled critical FAA work that impacted business and general aviation safety oversight, certification, training, and operations.”