Shuster Signals End to ATC Privatization Battle

In a move that took many in Washington by surprise, House Transportation and Infrastructure Committee chairman Bill Shuster (R-Pennsylvania) dropped his push to create an independent, user-funded organization to run the U.S. air traffic control (ATC) system.

The move, announced in a brief statement on February 27, closes the most recent chapter of the decades-long debate surrounding the fate of the ATC organization, marking a reversal for the chairman, who had been the architect and staunch proponent of the most recent proposal.

“Many, including myself, continue to believe that the air traffic control provisions of the 21st Century AIRR Act are good government reforms, and necessary for the future efficiency, effectiveness, and safety of our entire nation’s aviation system and its users,” Shuster said in the February 27 statement. “Despite an unprecedented level of support for this legislation—from bipartisan lawmakers, industry, and conservative groups and labor groups alike—some of my own colleagues refused to support shrinking the federal government by 35,000 employees, cutting taxes, and stopping wasteful spending.”

He noted the “golden opportunity” Congress had in pushing forward ATC reform, but conceded his measure did not reach “the obvious level of support needed to pass Congress.”

Shuster had unveiled his most recent ATC proposal last June, including a number of compromises that he hoped would capture wider support than previous provisions. These included language designed to help ensure continued access for rural communities and general aviation operations, as well as a blanket exemption from user fees for all of general aviation.

Those measures chipped away at some of the opposition to the provision, gaining a highly valued endorsement from the co-chair of the House General Aviation Caucus, Rep. Sam Graves (R-Missouri). In fact, a key White House official in September expressed optimism that the measure would pass. “The vote count in the House is looking very, very good,” D.J. Gribbin, special assistant to the President for infrastructure policy at the White House, had told an Airlines for America (A4A) Commercial Aviation Summit, saying at “no other time in history have so many things lined up in favor of this proposal,” with the backing of the administration, the Department of Defense, the chairman of the T&I committee, the airlines and the controllers' union.

But the compromise failed to sway general aviation groups, rural leaders, House Democrats, and members on both side of the aisle in the Senate, among many others. Opponents feared that the provision amounted to an airline power grab, and in the future, guarantees of access could erode.

Shuster made several attempts to bring the bill to the floor, but behind-the-scenes tallies of potential votes fell far short of what was necessary to get the ATC measure passed.

As the beginning of March approached, Shuster was believed ready to conduct a new count of anticipated votes in another push to get the bill to the House floor. While counts are closely held, his ATC measure still was believed to be shy of the necessary votes, perhaps by as many as 20 to 30.

Shuster’s decision to shelve the ATC measure further was believed to have followed a high-level meeting with the White House, which—despite restating its support for ATC privatization—instead wanted to expend political capital on a massive infrastructure package.

Shuster himself was believed to have been laying the groundwork for the shift on ATC when he announced his decision to retire from Congress at the end of the year. In that announcement, he said that rather than focus on re-election, he wanted to focus on working to pass “a much needed infrastructure bill to rebuild America.
The decision to focus on pushing through FAA reauthorization without the ATC measure brought a mixture of relief and celebration from general aviation and other ATC privatization opponents.

Industry Celebrates Victory

“The general aviation community came together like never before, and clearly told Congress that handing over our nation’s ATC system to an airline-dominated board is a risk we simply cannot take; everyone should be proud of this significant effort,” said NBAA president and CEO Ed Bolen. “We are profoundly grateful that Chairman Shuster has responded to the concerns that have been raised over his proposal, by a large and diverse group of organizations and individuals.”

“The voice of the entire general aviation community was heard today,” agreed Helicopter Association International president and CEO Matt Zuccaro. “I want to thank our members for their commitment and passion to engage their elected officials.

National Air Transportation Association president Martin Hiller added, “This win for the general aviation community shows what can be achieved when we all pull together toward a common goal.”

It's important to the groups that the move clears a path for passage of long-term FAA reauthorization. “In dropping the controversial air traffic control proposal,” said Aircraft Owners and Pilots Association president and CEO Mark Baker, “there’s now a chance to do something that all segments of aviation have been asking for: a long-term [FAA] reauthorization bill.”

“Thanks to the unified fight by the GA community, this bill was not going to pass with ATC privatization as part of it,” said Experimental Aircraft Association CEO and chairman Jack Pelton. “We can now move ahead with what we have maintained all along—modernization, not privatization. We can fund the FAA long term and let the agency continue with its already progressing modernization efforts.”

While finding reason to celebrate, privatization opponents also remain on guard, noting the issue has resurfaced every few years, despite every effort to beat it back.

Bolen has repeatedly called the proposal “a bad idea” and asserts that in Washington, such ideas never go away.