[House Hearing, 116 Congress]
[From the U.S. Government Publishing Office]
PUTTING U.S. AVIATION AT RISK: THE IMPACT OF THE SHUTDOWN
=======================================================================
(116-2)
HEARING
BEFORE THE
SUBCOMMITTEE ON
AVIATION
OF THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
FEBRUARY 13, 2019
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
__________
U.S. GOVERNMENT PUBLISHING OFFICE
35-067 PDF WASHINGTON : 2020
--------------------------------------------------------------------------------------
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
PETER A. DeFAZIO, Oregon, Chair
ELEANOR HOLMES NORTON, SAM GRAVES, Missouri
District of Columbia DON YOUNG, Alaska
EDDIE BERNICE JOHNSON, Texas ERIC A. ``RICK'' CRAWFORD,
ELIJAH E. CUMMINGS, Maryland Arkansas
RICK LARSEN, Washington BOB GIBBS, Ohio
GRACE F. NAPOLITANO, California DANIEL WEBSTER, Florida
DANIEL LIPINSKI, Illinois THOMAS MASSIE, Kentucky
STEVE COHEN, Tennessee MARK MEADOWS, North Carolina
ALBIO SIRES, New Jersey SCOTT PERRY, Pennsylvania
JOHN GARAMENDI, California RODNEY DAVIS, Illinois
HENRY C. ``HANK'' JOHNSON, Jr., ROB WOODALL, Georgia
Georgia JOHN KATKO, New York
ANDRE CARSON, Indiana BRIAN BABIN, Texas
DINA TITUS, Nevada GARRET GRAVES, Louisiana
SEAN PATRICK MALONEY, New York DAVID ROUZER, North Carolina
JARED HUFFMAN, California MIKE BOST, Illinois
JULIA BROWNLEY, California RANDY K. WEBER, Sr., Texas
FREDERICA S. WILSON, Florida DOUG LaMALFA, California
DONALD M. PAYNE, Jr., New Jersey BRUCE WESTERMAN, Arkansas
ALAN S. LOWENTHAL, California LLOYD SMUCKER, Pennsylvania
MARK DeSAULNIER, California PAUL MITCHELL, Michigan
STACEY E. PLASKETT, Virgin Islands BRIAN J. MAST, Florida
STEPHEN F. LYNCH, Massachusetts MIKE GALLAGHER, Wisconsin
SALUD O. CARBAJAL, California, Vice GARY J. PALMER, Alabama
Chair BRIAN K. FITZPATRICK, Pennsylvania
ANTHONY G. BROWN, Maryland JENNIFFER GONZALEZ-COLON,
ADRIANO ESPAILLAT, New York Puerto Rico
TOM MALINOWSKI, New Jersey TROY BALDERSON, Ohio
GREG STANTON, Arizona ROSS SPANO, Florida
DEBBIE MUCARSEL-POWELL, Florida PETE STAUBER, Minnesota
LIZZIE FLETCHER, Texas CAROL D. MILLER, West Virginia
COLIN Z. ALLRED, Texas GREG PENCE, Indiana
SHARICE DAVIDS, Kansas
ABBY FINKENAUER, Iowa
JESUS G. GARCIA, Illinois
ANTONIO DELGADO, New York
CHRIS PAPPAS, New Hampshire
ANGIE CRAIG, Minnesota
HARLEY ROUDA, California
(ii)
Subcommittee on Aviation
RICK LARSEN, Washington, Chair
ANDRE CARSON, Indiana GARRET GRAVES, Louisiana
STACEY E. PLASKETT, Virgin Islands DON YOUNG, Alaska
STEPHEN F. LYNCH, Massachusetts DANIEL WEBSTER, Florida
ELEANOR HOLMES NORTON, THOMAS MASSIE, Kentucky
District of Columbia SCOTT PERRY, Pennsylvania
DANIEL LIPINSKI, Illinois ROB WOODALL, Georgia
STEVE COHEN, Tennessee JOHN KATKO, New York
HENRY C. ``HANK'' JOHNSON, Jr., DAVID ROUZER, North Carolina
Georgia LLOYD SMUCKER, Pennsylvania
DINA TITUS, Nevada PAUL MITCHELL, Michigan
JULIA BROWNLEY, California BRIAN J. MAST, Florida
ANTHONY G. BROWN, Maryland MIKE GALLAGHER, Wisconsin
GREG STANTON, Arizona BRIAN K. FITZPATRICK, Pennsylvania
COLIN Z. ALLRED, Texas TROY BALDERSON, Ohio
JESUS G. GARCIA, Illinois ROSS SPANO, Florida
EDDIE BERNICE JOHNSON, Texas PETE STAUBER, Minnesota
SEAN PATRICK MALONEY, New York SAM GRAVES, Missouri (Ex Officio)
DONALD M. PAYNE, Jr., New Jersey
SHARICE DAVIDS, Kansas
ANGIE CRAIG, Minnesota
GRACE F. NAPOLITANO, California
SALUD O. CARBAJAL, California
PETER A. DeFAZIO, Oregon (Ex
Officio)
(iii)
CONTENTS
Page
Summary of Subject Matter........................................ vii
STATEMENTS OF MEMBERS OF CONGRESS
Hon. Rick Larsen, a Representative in Congress from the State of
Washington, and Chair, Subcommittee on Aviation:
Opening statement............................................ 1
Prepared statement........................................... 3
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure:
Opening statement............................................ 4
Prepared statement........................................... 5
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure, opening statement.............................. 5
Hon. Garret Graves, a Representative in Congress from the State
of Louisiana, and Ranking Member, Subcommittee on Aviation:
Opening statement............................................ 7
Prepared statement........................................... 8
Hon. Stacey E. Plaskett, a Delegate in Congress from the Virgin
Islands, prepared statement.................................... 77
Hon. Greg Stanton, a Representative in Congress from the State of
Arizona, prepared statement.................................... 77
WITNESSES
Paul Rinaldi, President, National Air Traffic Controllers
Association, AFL-CIO:
Oral statement............................................... 9
Prepared statement........................................... 10
Michael Perrone, President, Professional Aviation Safety
Specialists, AFL-CIO:
Oral statement............................................... 19
Prepared statement........................................... 21
Nicholas E. Calio, President and CEO, Airlines for America:
Oral statement............................................... 25
Prepared statement........................................... 27
Sara Nelson, International President, Association of Flight
Attendants--CWA, AFL-CIO:
Oral statement............................................... 29
Prepared statement........................................... 31
Peter J. Bunce, President and CEO, General Aviation Manufacturers
Association:
Oral statement............................................... 33
Prepared statement........................................... 35
SUBMISSIONS FOR THE RECORD
Letter of February 12, 2019, from the Aeronautical Repair Station
Association et al., Submitted for the Record by Hon. Larsen.... 48
Letter of February 12, 2019, from the Commercial Drone Alliance
et al., Submitted for the Record by Hon. Larsen................ 49
Statement from the National Business Aviation Association,
Submitted for the Record by Hon. Larsen........................ 73
Statement from Faye Malarkey Black, President and Chief Executive
Officer, Regional Airline Association, Submitted for the Record
by Hon. Larsen................................................. 74
Statement from the American Federation of Government Employees,
Submitted for the Record by Hon. DeFazio....................... 78
APPENDIX
Questions from Hon. Steve Cohen for Paul M. Rinaldi.............. 81
Questions from Hon. Henry C. ``Hank'' Johnson, Jr. for Paul M.
Rinaldi........................................................ 82
Questions from Hon. Stacey E. Plaskett for Paul M. Rinaldi....... 83
Questions from Hon. Henry C. ``Hank'' Johnson, Jr. for Michael
Perrone........................................................ 83
Questions from Hon. Stacey E. Plaskett for Nicholas E. Calio..... 83
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
February 8, 2019
SUMMARY OF SUBJECT MATTER
TO: Members, Committee on Transportation and
Infrastructure
FROM: Staff, Subcommittee on Aviation
RE: Subcommittee Hearing on ``Putting U.S. Aviation
at Risk: The Impact of the Shutdown''
Purpose
The Subcommittee on Aviation will meet on Wednesday,
February 13, 2019, at 10 o'clock a.m., in HVC 210 of the
Capitol Visitor Center to hold a hearing titled, ``Putting U.S.
Aviation at Risk: The Impact of the Shutdown.'' The hearing
will gather stakeholder perspectives on how the recent 35-day
partial shutdown of the Federal Government impacted Federal
Aviation Administration (FAA) functions and operations, as well
as the U.S. aviation industry and workforce. The subcommittee
will hear testimony from the Association of Flight Attendants
(AFA), General Aviation Manufacturers Association (GAMA),
National Air Traffic Controllers Association (NATCA),
Professional Aviation Safety Specialists (PASS), and Airlines
for America (A4A).
Overview
The FAA is the Federal agency responsible for ensuring the
safe and efficient operation of the National Airspace System.
During the recent 35-day partial shutdown of the Federal
Government \1\--the longest in U.S. history--due to a lapse in
appropriations, between 30 and 40 percent of FAA employees were
furloughed,\2\ challenging the agency's ability to fulfill this
critical mandate. Thousands of safety-critical FAA employees,
including more than 14,000 air traffic controllers and a
limited number of aviation safety inspectors and technicians,
worked during the shutdown without compensation.\3\ In addition
to impacts on the FAA workforce, the shutdown negatively
affected the U.S. aviation industry, including airlines,
general aviation, airports, manufacturers, and passengers.
---------------------------------------------------------------------------
\1\ Due to a lapse in Federal spending, a partial shutdown of the
Federal Government occurred, from December 22, 2018, to January 25,
2019.
\2\ See DOT, Operations During a Lapse in Annual Appropriations
Plans by Operating Administration, at 3 (Dec. 2018), https://
cms.dot.gov/sites/dot.gov/files/docs/mission/budget/328471/
consolidated-december-2018-shutdown-plan-final.pdf and revised on Jan.
11, 2019, https://www.transportation.gov/sites/dot.gov/files/docs/
mission/budget/328471/usdot-consolidated-december-2018-shutdown-plan-
01-11-19-red-line.pdf.
\3\ Id.
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Shutdown Impacts on FAA Workforce
Air Traffic Controllers. More than 14,000 controllers
worked during the shutdown without pay.\4\ During the shutdown,
controllers in the busiest U.S. air traffic facilities worked
overtime--as much as 60 hours per week.\5\ Controllers handle,
on average, more than 40,000 flights daily, across 29 million
square miles of airspace.\6\ Yet, according to NATCA, while
controllers were performing their safety-critical
responsibilities, some were concerned about when they would
receive their next paychecks and how they would pay
expenses.\7\
---------------------------------------------------------------------------
\4\ Figure provided to committee staff by the FAA on Dec. 21, 2018.
\5\ See Letter, Air Traffic Controllers, Pilots, Flight Attendants
Detail Serious Safety Concerns Due to Shutdown (Jan. 23, 2019),
available at https://www.natca.org/Images/NATCA_PDFs/Publications/
20190123-AFA-ALPA-NATCA-Joint-Statement-FINAL.pdf.
\6\ See FAA, Air Traffic by the Numbers, https://www.faa.gov/
air_traffic/by_the_numbers/ (last visited Feb. 4, 2019).
\7\ See TIME, ``We're All Human.'' Air Traffic Controllers Are
Missing Another Paycheck, and It's Taking a Toll, Jan. 24, 2019, http:/
/time.com/5512249/air-traffic-controllers-paychecks-shutdown/.
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According to NATCA, controller staffing at FAA air traffic
control facilities is already at a 30-year low, due in part to
the Government shutdown in 2013, and more than 20 percent of
the current controller workforce is eligible to retire.\8\
During the 35-day shutdown, the FAA's controller training
academy was closed, preventing a pipeline of new controllers
from completing the training needed to enter an FAA facility
for on-the-job-training.\9\
---------------------------------------------------------------------------
\8\ See Letter, supra note 5.
\9\ Id.
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Inspectors and Technicians. According to PASS, during the
35-day shutdown, the majority of FAA aviation safety inspectors
were furloughed. These inspectors are responsible for oversight
of commercial and general aviation aircraft, pilots, flight
instructors, and repair stations in the United States and
abroad.\10\ In addition, FAA manufacturing inspectors--who
oversee the manufacturing of aircraft and aircraft components--
and engineering services technicians--who implement air traffic
control operation projects--were furloughed,\11\ potentially
impacting the FAA's ability to ensure the highest level of
aviation safety. Despite the FAA recalling inspectors and
engineers during the shutdown, these employees, like
controllers, did not receive pay until the shutdown ended.
---------------------------------------------------------------------------
\10\ PASS, Aviation Safety Inspectors Grounded During Government
Shutdown (Dec. 22, 2018), https://www.passnational.org/index.php/news/
706-aviation-safety-inspectors-grounded-during-government-shutdown.
\11\ Id.
---------------------------------------------------------------------------
Other FAA Employees. Despite contract authority provided by
the FAA Reauthorization Act of 2018, multiyear appropriations,
and use of franchise funds, allowing the FAA to pay and keep on
the job approximately 2,300 FAA employees, in total, more than
17,000 employees with positions at the FAA were furloughed at
the start of the shutdown. The furlough of these employees,
across all of the agency's lines of business, temporarily
ceased, disrupted, or delayed important work and agency
oversight of the industry. Below are examples, provided by
various aviation stakeholders, of how the furlough of FAA
employees impacted agency operations and the U.S. aviation
industry.
Airspace Modernization: The FAA's work on
NextGen--the modernization program for the U.S. air traffic
control system--was suspended,\12\ further delaying the
anticipated safety and efficiency benefits for airspace users
and the traveling public.
---------------------------------------------------------------------------
\12\ Id. at 5.
---------------------------------------------------------------------------
Important FAA Rulemakings: Planned and ongoing
aviation rulemaking activities were suspended.\13\ Many of
these rules, such as safety rules to address the risks posed by
drones in U.S. airspace, are needed to advance the U.S.
aviation industry and make our skies safer.\14\
---------------------------------------------------------------------------
\13\ Id.
\14\ See DOT, Report on DOT Significant Rulemakings, Nov. 2018,
available at https://www.reginfo.gov/public/do/
eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_
LIST¤tPub=true&agencyCode=&showStage=active&agencyCd=2100&Image58.
x=
25&Image58.y=14 (listing more than 20 FAA-significant rulemakings).
---------------------------------------------------------------------------
Certification and Validation: The shutdown
prevented the aviation industry from receiving important FAA
approvals. For example, airlines were unable to add new planes
to their fleets, delaying or disrupting services,\15\ and
manufacturers could not receive the FAA-approval needed to get
new aircraft, aviation equipment, and products to market.\16\
In addition, the furlough of FAA employees temporarily halted
FAA-inspection and certification of repair stations and
training manuals for pilots.\17\ Combined, the lack of FAA-
approvals cost companies, especially small businesses,
financially.\18\
---------------------------------------------------------------------------
\15\ Letter from more than 30 aviation and aerospace organizations
to the President of the United States, Speak of the U.S. House of
Representatives, and Majority Leader of the U.S. Senate, Jan. 10, 2019,
https://www.iata.org/pressroom/Documents/letter-us-aviation-shutdown-
impacts.pdf.
\16\ GAMA, FAA Shutdown Impacts on General Aviation Manufacturing
and Maintenance (Jan. 22, 2019) (on file with committee staff).
\17\ Id.
\18\ Id.
---------------------------------------------------------------------------
Airport Infrastructure: The FAA issued no new
Airport Improvement Program grants to U.S. airports during the
shutdown, and the furlough of FAA employees who work with
airports on upcoming construction projects may cause
unnecessary delays and increased costs of infrastructure
projects.\19\
---------------------------------------------------------------------------
\19\ See Letter, supra note 15.
---------------------------------------------------------------------------
Congressional Mandates: Nearly all of the FAA's
implementation of congressional mandates in the recently
enacted FAA Reauthorization Act of 2018 and prior laws was
brought to a halt. Such mandates include requiring 10 hours of
minimum rest between duty periods for U.S. flight attendants,
FAA review of its current cabin evacuation procedures,
requiring the installation of secondary cockpit barriers on
each new aircraft that is manufactured for delivery to
passenger airlines, general aviation safety provisions, and
other important FAA reform mandates.\20\
---------------------------------------------------------------------------
\20\ See sections 335-337, and sections 392-396 of the FAA
Reauthorization Act of 2018 (Pub. L. 115-254).
---------------------------------------------------------------------------
Other Shutdown Impacts on U.S. Aviation
Civil aviation plays a central role in the United States,
supporting more than $1.5 trillion of economic activity and
more than 11 million jobs, according to industry groups.\21\
The unprecedented 35-day partial shutdown negatively affected
the U.S. aviation industry, including airlines, general
aviation, airports, manufacturers, and passengers. The shutdown
also affected:
---------------------------------------------------------------------------
\21\ See Letter, supra note 15.
---------------------------------------------------------------------------
Aviation Security. More than 50,000
Transportation Security Administration (TSA) airport security
agents worked during the shutdown without paychecks.\22\ As the
shutdown stretched on, an increasing number of TSA agents took
unscheduled leave or quit their jobs, leaving airports worried
about staffing at security checkpoints.\23\
---------------------------------------------------------------------------
\22\ N.Y. TIMES, T.S.A. Agents Refuse to Work During Shutdown,
Raising Fears of Airport Turmoil, Jan. 11, 2019, https://
www.nytimes.com/2019/01/11/nyregion/tsa-shutdown.html.
\23\ Id.
---------------------------------------------------------------------------
Air Travel. One U.S. airline reported losing an
estimated $25 million in business due to fewer Government
employees and contractors traveling during the shutdown.\24\ In
addition, airport security lines at the Nation's busiest
airports grew due to fewer TSA agents on duty, causing longer
than normal wait times.\25\ The shutdown also resulted in the
furlough of all employees in the Department of Transportation's
aviation consumer protection division--the office responsible
for monitoring compliance with and investigating violations of
U.S. consumer protection and civil rights requirements.\26\
---------------------------------------------------------------------------
\24\ USA TODAY, Delta CEO: Government Shutdown Tab $25 Million and
Counting, Jan. 15, 2019, https://www.usatoday.com/story/travel/flights/
2019/01/15/delta-ceo-government-shutdown-costs-25-million-lost-
business/2576031002/.
\25\ See N.Y. TIMES, supra note 22.
\26\ See Operations During a Lapse, supra note 2.
---------------------------------------------------------------------------
Accident Investigations. The furlough of
employees at the National Transportation Safety Board (NTSB)--
the independent agency responsible for investigating
transportation accidents and advocating for safety
improvements--stopped work on more than 1,800 ongoing general
aviation and limited aviation safety investigations, and
prevented the Board from working with the FAA to investigate 15
general aviation accidents that occurred during the
shutdown.\27\
---------------------------------------------------------------------------
\27\ NTSB, NTSB Resumes Normal Operations--Updated (Jan. 29, 2019),
https://www.ntsb.gov/news/press-releases/Pages/NR20190129.aspx.
---------------------------------------------------------------------------
Witnesses
Mr. Paul Rinaldi, President, National Air Traffic
Controllers Association, AFL-CIO
Mr. Mike Perrone, National President,
Professional Aviation Safety Specialists
Mr. Nicholas E. Calio, President and CEO,
Airlines for America
Ms. Sara Nelson, International President,
Association of Flight Attendants-CWA
Mr. Pete Bunce, President and CEO, General
Aviation Manufacturers Association
PUTTING U.S. AVIATION AT RISK: THE IMPACT OF THE SHUTDOWN
----------
WEDNESDAY, FEBRUARY 13, 2019
House of Representatives,
Subcommittee on Aviation,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to notice, at 10 a.m., in
room 210, House Capitol Visitor Center, Hon. Rick Larsen
(Chairman of the subcommittee) presiding.
Mr. Larsen. The subcommittee will come to order. Before we
start, I want to recognize Chairman DeFazio.
Mr. DeFazio. Well, thank you, Mr. Chairman. In
commemoration of this long-anticipated occasion, your first
chairing of the Subcommittee on Aviation, I have here a small
gift. So hopefully that will come in handy.
Mr. Larsen. Craft brewery from Oregon.
[Laughter.]
Mr. DeFazio. That is after the hearing.
Mr. Larsen. Then we had better finish after noon. Very
nice. Thank you very much, Peter.
Mr. DeFazio. A gavel, which is commemorative.
[Applause.]
Mr. Larsen. It has got my name on it, so I never have to
give this one away.
Mr. DeFazio. Right.
Mr. Larsen. Well, then, we will take a recess and come back
into order with the new gavel.
[Laughter.]
Mr. Larsen. Thanks, Pete. Appreciate it. Garret will take
the other one.
So I ask unanimous consent that Members not on the
subcommittee today be permitted to sit with the subcommittee at
today's hearing and ask questions. Without objection, so
ordered.
And I want to say good morning to everyone and welcome to
the first Aviation Subcommittee hearing of the 116th Congress.
Nineteen days ago, the partial Government shutdown ended but
left significant consequences to the U.S. aviation workforce,
industry, and economy in its wake.
But we have a forward-looking aviation and aerospace agenda
for this Congress. In fact, it was my intention for the first
hearing of this subcommittee to be exploring that agenda that
included ensuring aviation safety, fostering innovation in the
U.S. airspace, improving U.S. competitiveness in the global
marketplace, and enhancing the air travel experience for
passengers.
This agenda is still my agenda; the subcommittee will
continue to pursue it. However, the recent shutdown shed new
light on its impacts on the aviation industry and the
workforce. But the roots of this hearing go back at least to
2013 and that shutdown under a Democratic administration, when
FAA employees were furloughed and air traffic controllers
worked without pay.
Even then we were trying to find a way to shield this most
critical part of the Government from future shutdowns. So the
purpose of this hearing, then, is twofold. First, I want to
ensure that this subcommittee creates the public record of
shutdown impacts on the aviation and aerospace industry. The
panel assembled here today is in the best position to explain
these impacts.
I would note that the shutdown has also delayed the
subcommittee's work. FAA furloughs have delayed implementation
of last year's FAA reauthorization, which in turn delays the
oversight mission of this subcommittee. The shutdown also
delayed planning for the subcommittee's trip to the FAA Tech
Center to observe their critical research to improve the safety
of the national airspace.
The second purpose of this hearing is to build a case for
H.R. 1108, the Aviation Funding Stability Act of 2019. I want
to ensure that the FAA has resources and funding stability
needed to preserve the safety of the Nation's aviation system.
Throughout this most recent shutdown, I met with the
dedicated women and men of the aviation workforce and did hear
about the harmful impacts the shutdown had on their lives. One
constituent from Bellingham, Washington, shared with me that
her brother, an air traffic controller, worked more than 60
hours a week without pay during the shutdown. Her brother faced
severe mental and physical stress wondering when his next
paycheck would come.
Aerospace companies in northwest Washington State let me
know that they feared that we needed to suspend production.
Local aviation safety personnel showed me their pay stubs for
zero dollars. Another air traffic controller with whom I had
met had to dip into her children's college savings to get by.
During the shutdown, thousands of air traffic controllers,
engineers, technicians, and critical safety personnel were
working without pay.
U.S. aviation is the gold standard of flight because of
these skilled individuals. Their work ensures the safety of the
traveling public and efficiency of the U.S. airspace. As I
noted, the FAA was unable to begin implementation of
congressional mandates in the FAA reauthorization such as
requiring 10 hours of rest for flight attendants, further
integrating new users in the airspace, and setting up rules to
address sexual harassment of employees, passengers, and crew.
Furloughed FAA inspectors were unable to approve new
aircraft, aviation products, and infrastructure, hindering U.S.
global competitiveness. The FAA's work on streamlining the
certification process for aviation and aerospace products came
to a halt. No new airport improvement program grants could be
issued, hurting projects to modernize and maintain airports.
And as the full committee heard last week, Federal aviation
infrastructure investment falls short already of growing needs.
Washington State alone needs over $190 billion in
infrastructure investments, with aviation projects requiring
$12.6 billion.
Congress must do what it can to ensure that the FAA, its
employees, and the U.S. aviation economy are protected from
another Government shutdown. So to this end, committee chair
Mr. DeFazio and I introduced legislation that authorizes the
FAA to continue to draw from the Airport and Airway Trust Fund,
AATF, during a funding lapse and operate at current levels with
no congressional action required.
The partial Government shutdown unnecessarily hurt American
families and jeopardized the safety of the largest, busiest,
and most complex airspace system in the world. To use the
metaphor, the lights must stay on at the runways across the
United States.
I appreciate the witnesses for taking the time to join
today's discussion and for your work during the shutdown. I
look forward to hearing more about the impacts on your members,
and how Congress can support you in the future. It is my hope
that with this hearing, the subcommittee will have made its
case that the shutdown impacts are harmful to the economy and
that the Aviation Funding Stability Act is the mechanism to
shield the FAA and the aviation and aerospace economy from
detrimental impacts of future shutdowns.
And I look forward to getting this subcommittee back to its
forward-looking agenda of ensuring aviation safety, fostering
innovation in U.S. airspace, improving U.S. competitiveness in
the global marketplace, and enhancing the air travel experience
for passengers. And with that, I yield back 17 seconds. Thank
you.
[Mr. Larsen's prepared statement follows:]
Statement of Hon. Rick Larsen, a Representative in Congress from the
State of Washington, and Chair, Subcommittee on Aviation
Good morning and thank you to today's witnesses for joining the
first Aviation Subcommittee hearing of the 116th Congress.
Nineteen days ago, the partial government shutdown ended, but left
significant consequences to the U.S. aviation workforce, industry and
economy in its wake.
We have a forward-looking aviation and aerospace agenda for this
Congress.
In fact, it was my intention for the first hearing of this
Subcommittee to begin exploring an agenda that included: ensuring
aviation safety, fostering innovation in U.S. airspace, improving U.S.
competitiveness in the global marketplace; and enhancing the air travel
experience for passengers.
This agenda is still my agenda, and this Subcommittee will continue
to pursue it.
However, the recent shutdown shed new light on its impacts on the
aviation industry and workforce.
But the roots of this hearing go back to the 2013 shutdown under a
Democratic Administration when FAA employees were furloughed, and air
traffic controllers worked without pay.
Even then, we were trying to find a way to shield this most
critical part of the government from future shutdowns.
The purpose of this hearing, then, is two-fold.
First, I want to ensure this Subcommittee creates the public record
of shutdown impacts on the aviation and aerospace industry.
The panel assembled here today is in the best position to explain
these impacts.
I would note that the shutdown has delayed this Subcommittee's work
as well. FAA furloughs have delayed implementation of last year's FAA
authorization, which in turn delays the oversight mission of this
Subcommittee.
The shutdown has also delayed planning for this Subcommittee's trip
to the FAA Technical Center to observe their critical research to
improve the safety of the National Airspace.
The second purpose of this hearing is to build the case for H.R.
1108, the Aviation Funding Stability Act of 2019.
I want to ensure the FAA has the resources and funding stability
needed to preserve the safety of the Nation's aviation system.
Throughout the most recent shutdown, I met with the dedicated women
and men of the aviation workforce and heard about the harmful impacts
the shutdown had on their lives.
One constituent from Bellingham, Washington shared with me that her
brother, an air traffic controller, worked more than 60 hours a week,
without pay, during the shutdown. Her brother faced severe mental and
physical stress wondering when his next paycheck would come.
Aerospace companies in Northwest Washington let me know they feared
they would need to suspend production.
Local aviation safety personnel received pay stubs for $0.
And another air traffic controller with whom I met had to dip into
her children's college savings to get by.
During the shutdown, thousands of air traffic controllers,
engineers, technicians and critical safety personnel were working
without pay.
U.S. aviation is the gold standard of flight because of these
skilled individuals. Their work ensures the safety of the traveling
public and efficiency of the U.S. airspace.
As I noted, the FAA was unable to begin implementation of
Congressional mandates in the FAA Reauthorization, such as requiring
ten hours of rest for flight attendants, further integrating new users
into the airspace and addressing sexual harassment of employees,
passengers and crew.
Furloughed FAA inspectors were unable to approve new aircraft,
aviation products and infrastructure, hindering U.S. global
competitiveness.
The FAA's work on streamlining the certification process for
aviation and aerospace products, came to a halt.
No new Airport Improvement Program grants could be issued, hurting
projects to modernize and maintain airports.
As the full Committee heard last week, federal aviation
infrastructure investment falls far short of growing needs.
Washington state alone needs over $190 billion in infrastructure
investments, with aviation projects requiring $12.6 billion.
Congress must do what it can to ensure the FAA, its employees and
the U.S. aviation economy are protected from another government
shutdown.
To this end, Committee Chair DeFazio and I introduced legislation
that authorizes the FAA to continue to draw from the Airport and Airway
Trust Fund (AATF) during a funding lapse and operate at current funding
levels with no Congressional action required.
The partial government shutdown unnecessarily hurt American
families and jeopardized the safety of the largest, busiest and most
complex airspace system in the world.
To use a metaphor, the lights must stay on at runways across the
United States.
I appreciate the witnesses for taking the time to join today's
discussion and for your work during the shutdown.
I look forward to hearing more about the impacts on your members,
and how Congress can support you in the future.
It is my hope that with this hearing, this Subcommittee will have
made its case that the shutdown impacts are harmful to the economy and
that the Aviation Funding Stability Act is the mechanism to shield the
FAA and the aviation and aerospace economy from the detrimental impacts
of future shutdowns.
And I look forward to getting this Subcommittee back to its
forward-looking agenda of ensuring aviation safety, fostering
innovation in U.S. airspace, improving U.S. competitiveness in the
global marketplace, and enhancing the air travel experience for
passengers.
Mr. Larsen. And I want to now call, though, on the ranking
member of the full committee, Mr. Sam Graves, for the ranking
member's statement.
Mr. Graves of Missouri. Thank you, Chairman Larsen, and
congratulations on being appointed to chairman. It is always
good.
I guess if you think about it, we have probably averted
another shutdown. That is the good news. But with the Green New
Deal or the Green Dream, I guess we are not going to have to
worry about that in aviation anymore because we are going to
shut down the whole aviation sector and all 11 million jobs
that go along with that.
Mr. Larsen. A point I have made myself.
Mr. Graves of Missouri. My actual purpose today is I want
to thank the NATCA employees, the PASS employees, and all the
Federal employees who worked without pay during the shutdown to
keep the economy moving and our skies safe. And I understand
that during the entire duration of the shutdown, while the
number of operations were up from the same time as last year,
there was no increase in serious safety incidents. And we owe a
tremendous debt of gratitude for the professionalism that was
displayed under some very difficult circumstances.
As we learn more about the short- and long-term impacts of
the shutdown, Congress has to hear, I believe, from the FAA and
the Department of Transportation about how the shutdown played
out and what efforts are underway to recover from those obvious
impacts. This information, I think, is vital to us to truly
understand the scope of the situation.
[Mr. Graves of Missouri's prepared statement follows:]
Statement of Hon. Sam Graves, a Representative in Congress from the
State of Missouri, and Ranking Member, Committee on Transportation and
Infrastructure
Thank you, Chairman Larsen for holding this hearing and
congratulations on being named Subcommittee Chairman.
Fortunately, it looks like another shutdown will be averted.
Although if some in Congress get their way, we may not have to worry
about shutting down the aviation system in the future--because
apparently, under the Green New Deal, there wouldn't even be an
aviation system anymore. Imagining replacing our aviation system--a
cornerstone of our economy that provides approximately 11 million
Americans with jobs--is just ludicrous, but that's a topic for another
day.
Today, I want to thank NATCA employees, PASS employees, and all
Federal employees who worked without pay during the shutdown to keep
our economy moving and our skies safe. I understand that during the
duration of the shutdown, while the number of operations were up from
the same time last year, there was no increase in serious safety
incidents.
We owe you all a tremendous debt of gratitude for your
professionalism under very difficult circumstances.
As we learn more about the short- and long-term impacts of the
shutdown, Congress must hear from the FAA and the Department of
Transportation about how the shutdown played out and what efforts are
underway to recover from those impacts. This information is vital for
us to truly understand the scope of the situation.
Mr. Graves of Missouri. So with that, I thank you again for
having this important hearing, and appreciate the opportunity
very much.
Mr. Larsen. Thank you, Mr. Graves.
I now recognize the chair of the full committee, Mr.
DeFazio, for a statement.
Mr. DeFazio. Thanks, Mr. Chairman. Your election--we do not
appoint them on our side, Sam; we elect them--is a high point,
and I think it is going to benefit aviation and the industry
very well.
Like the two before me, I want to thank all of those who
worked without pay during the 35 days. I also want to thank
those who were furloughed and have come back to a mountain of
work, and feel like maybe that they are not essential. They are
essential, and I want to assure them that that, in part, is why
we have this legislation before us today.
I met with local employees, including air traffic
controllers, and one younger, newer controller was working
overtime because my tower, like many across the country, is
understaffed so they are already working overtime shifts. But
he also, because of a lack of pay, had to take a job as an Uber
driver.
So how rested is that young man if he works extra hours in
a very stressful job and then undertakes something else that
barely makes him minimum wage so that they can at least put on
the table? That just cannot happen again. And that certainly
happened to people, and I am sure TSA workers and many others
were doing that in addition to the garage sales and all those
other stupid things that were recommended they do or they had
to do out of necessity.
I am concerned that the system was not as safe as it could
and should be during the shutdown because of the reason I
already mentioned: people stressed out, not getting paychecks,
doing extra work to provide for their families. Aviation is too
critical to allow this to happen again.
And we still have not gotten over the impacts of the 2013
shutdown, where the school was closed and a bunch of the people
who were in the school, some of them aged out, actually, and
others just did not come back. And I imagine this time it might
even be worse because it was a longer shutdown and they are
going to question, boy, am I going to go through this rigorous
training process to get a job where every once in a while I am
working for free?
So we are discouraging the next generation, and we are
already at a critical point with so many people eligible to
retire. And by the way, if they say, ``Wow, retirees got paid
and I did not; maybe it is time for me to pull the plug,'' they
are not going to be there to train that next generation of air
traffic controllers.
So we have got to provide some certainty to those who are
working there now and those who want to work there in the
future and those who work in other aspects. The critical things
that the FAA is working on did not get done.
It took me 3 years to finally push back against the model
aircraft people and require that we have remote drone
identification, which is absolutely critical, or we are going
to be shutting down airports all around the country because
some idiot is illegally flying their drone and we cannot find
them? And sooner or later they are going to fly one into a
turbine engine, and maybe we are going to have a catastrophic
failure.
So they have got to get that rule out. The flight attendant
duty time rule was delayed. Many other critical rulemakings
were delayed at the FAA. So that is why we have introduced this
legislation. The FAA is unique. It pays for itself. Why should
they be subject to a shutdown?
And it is so critical, and it is so safety critical, and it
is internationally critical. So this is, I think, a commonsense
piece of legislation. I am hopeful that once we get whatever
deal is coming forth this week passed, if we get it passed, and
if it gets signed by the President, and we do not have another
shutdown, which I am cautiously optimistic, that people will
look favorably upon our legislation as a way of preventing this
sort of dysfunction in the future.
With that, I yield back the balance of my time.
Mr. Larsen. Thank you, Mr. Chairman.
So I would now like to move to the panel--oh, I am sorry.
First I will move to Mr. Graves. The other Mr. Graves is
recognized.
Mr. Graves of Louisiana. Thank you, Mr. Chairman. And first
I want to congratulate you for assuming the chairmanship of the
subcommittee. I look forward to working with you and continuing
the longstanding bipartisan tradition that this committee and
subcommittee has held. And I look forward also, Mr. DeFazio,
for continuing to work with you in building on some of the
success we have had in recent years on transportation highway
bill, the water resources bill, the disaster bill, FAA bill,
and others.
And Ranking Member Graves, I want to thank you for the
confidence that you have instilled in appointing us to this
position, and looking forward to working with you and the other
leadership to implement the FAA authorization bill and many
other priorities.
First, I want to thank the FAA employees and many other
Federal employees who worked during the shutdown without being
paid. Let's be clear on what a shutdown is. A shutdown is a
failure of elected officials to do their job. I feel very much
for the Federal employees that were working without pay
because, one, you did not do anything to deserve it; two, you
cannot do anything to solve it. And I think that is unfair.
In regard to us, I think that one of the real solutions is
actually to force Members of Congress to not get paid during a
shutdown, and make it automatic, to where we feel the pain as
much or more so than any other Federal employee that is
subjected to our inability to come up with solutions. We did
donate. We tried to reject our pay from December. We did donate
all of our pay from December during the shutdown to various
organizations, including Coast Guard Foundation, Coast Guard
Mutual Assistance, and others. We worked on a daily basis to
bring food to Federal employees at TSA, FAA, Coast Guard,
Federal law enforcement agencies, and others, in many cases
working together with Congressman Cedric Richmond, in an effort
to somewhat temper the blow and also show strong support to the
Federal employees that were stuck in the predicament that they
were.
While I know that the focus right now is on the last
shutdown, and I get it--that is the one that is on everyone's
minds--I think it is also important to keep in mind that during
the Carter administration, I believe we had 56 days' worth of
shutdowns. During the Obama administration, we had a 16-day
shutdown. And the second longest shutdown in American history,
or in recent history, at least, was during the Clinton
administration.
And I say it again: It is a failure of our ability to do
our jobs. And I think it is inappropriate. And I hate that the
Federal employees ended up carrying the burden of this. But it
is important also, as Ranking Member Graves noted, that it
looks like we are going to be able to avert a shutdown and
provide a full fiscal year budget through September 30th of
this year and immediately begin working on the fiscal year 2020
budget. And I am excited and looking forward to the opportunity
to work with you all on the authorization components of those
to make sure that we can continue to have a functional
Government moving forward.
So I want to say again I want to thank you for being here.
I am sorry that the Federal employees were impacted the way
that they were. And I am looking forward to working with
Chairman Larsen to continue implementation of the FAA
Authorization Act and many other important priorities within
the aviation industry. I yield back.
[Mr. Graves of Louisiana's prepared statement follows:]
Statement of Hon. Garret Graves, a Representative in Congress from the
State of Louisiana, and Ranking Member, Subcommittee on Aviation
Thank you, Mr. Chairman, for calling this important hearing on the
impacts of the shutdown to the aviation system.
I want to start by first congratulating you on your selection as
chair of the Subcommittee on Aviation. This Subcommittee has a long
history of bipartisan cooperation and of setting aside politics to
ensure that our national air transportation system remains vibrant and
safe. I look forward to working with you and with all members of the
Subcommittee.
Nothing exemplifies this Subcommittee's bipartisanship better than
the FAA Reauthorization Act of 2018, which is the longest FAA
reauthorization since the 1980's. As this Subcommittee oversees the
many mandates included in the law, it is important that we understand
the status of the FAA's implementation plans following the shutdown.
It is unfortunate that the FAA is not here today to share that
information with us, but I know the Subcommittee will be focusing on
the FAA's implementation efforts in the coming months.
It is also important that we understand both the short-and long-
term impacts of shutdowns on our system and on aerospace stakeholders.
Today's witnesses and the stakeholders they represent can take credit
for maintaining the safe operation of the National Airspace System
during the shutdown. The professionalism of the men and women who run
the day-to-day operations of all aspects of the system is remarkable.
Despite very trying circumstances, they continued their work ensuring
the safety of the system and are to be commended.
I thank the witnesses for participating in today's hearing.
Mr. Larsen. Thank you, Mr. Graves, for your comments.
Appreciate that very much.
And now let's turn to the panel. I want to welcome our
witnesses: Mr. Paul Rinaldi, president of the National Air
Traffic Controllers Association, AFL-CIO; Mr. Mike Perrone,
national president, Professional Aviation Safety Specialists;
Mr. Nicholas E. Calio, president and CEO of Airlines for
America; Ms. Sara Nelson, international president, Association
of Flight Attendants-CWA; and Mr. Pete Bunce, president and CEO
of General Aviation Manufacturers Association.
Thank you for being here today. We all look forward to your
testimony. I am going to ask unanimous consent that our
witnesses' full statements be included in the record. Without
objection, so ordered. And since your written testimony has
been made part of the record, the subcommittee requests that
you limit your oral testimony to 5 minutes.
So we will proceed with testimony, starting with Mr.
Rinaldi.
TESTIMONY OF PAUL RINALDI, PRESIDENT, NATIONAL AIR TRAFFIC
CONTROLLERS ASSOCIATION, AFL-CIO; MICHAEL PERRONE, PRESIDENT,
PROFESSIONAL AVIATION SAFETY SPECIALISTS, AFL-CIO; NICHOLAS E.
CALIO, PRESIDENT AND CEO, AIRLINES FOR AMERICA; SARA NELSON,
INTERNATIONAL PRESIDENT, ASSOCIATION OF FLIGHT ATTENDANTS--CWA,
AFL-CIO; AND PETER J. BUNCE, PRESIDENT AND CEO, GENERAL
AVIATION MANUFACTURERS ASSOCIATION
Mr. Rinaldi. Thank you, Chairman Larsen and Ranking Member
Graves, Chairman DeFazio, Ranking Member Graves. Thank you for
the opportunity to testify about the negative effects of the
35-day shutdown on the members of the National Air Traffic
Controllers Association.
Every day over 70,000 flights and 2 million passengers move
through our National Airspace System. Although it is the safest
system in the world, during the shutdown many of our programs
that reduce the risk and enhance the safety of the system have
come to a complete stop.
At the time that the shutdown finally ended, I believe the
system was on the verge of unraveling. Even though the system
is safer today than it was during the shutdown, it is still
less safe than it was before the shutdown. The shutdown eroded
critical layers that are necessary to support and maintain the
safety of the National Airspace System.
For example, programs to prevent wrong surface landings
were paused. Each year we have more than 200 events in which
aircraft lands, or attempts to land, on wrong runways,
taxiways, or even, believe it or not, the entirely wrong
airport. Most recently last week at Philadelphia International
Airport, a flight was cleared to land on runway 35, but it had
lined itself up with the parallel taxiway of Taxiway Echo.
A runway safety enhancement called ATAP alerted the
controller immediately, who instructed the pilot to execute a
go-around. The pilot overflew two commercial airplanes on the
taxiway by 600 feet. ATAP is deployed in six airports across
this country. Prior to the shutdown, the FAA had scheduled to
deploy ATAP at 13 major additional airports by the end of
March. That implementation is now delayed to the end of June.
In addition, the FAA stopped addressing the risk identified
through our voluntary safety reporting program ATSAP. ATAP and
ATSAP are just two of a dozen programs that are now
significantly delayed and were not functioning correctly during
the shutdown. That is what makes the system less safe today.
Mr. Chairman, on January 25th, travelers experienced delays
due to decreased capacity. Because the system is complex and
interconnected, when delays occur at one facility, it ripples
across the entire system. On that day, a small number of
controllers in critically staffed areas at two facilities
individually determined they were not fit for duty.
NATCA did not coordinate these absences. This was the
result of illness and the stress of working over a month
without getting paid and not knowing when you are going to get
paid. NATCA does not condone or approve any Federal employee
participating in a coordinating activity that negatively
affects the capacity of the National Airspace System.
Mr. Chairman, the pressure and the extra stress that was
inserted into our National Airspace System because of the
shutdown was intense. We were getting text messages from
controllers with 17 years' worth of experience making mistakes
on routine clearances, climbing airplanes into paths of other
airplanes at the same altitude because they were distracted
because they were thinking about their mortgage. They were
thinking about school payments, car payments, food. They were
thinking about the shutdown. They were fatigued. They were not
focused at the task at hand.
We had controllers going to work every day driving Ubers,
waiting on tables, to take care of their family. We have worked
really hard to mitigate distractions and reduce the fatigue in
our work environment, but this shutdown increased fatigue and
inserted all types of distractions in our control rooms.
Add insult to injury, our workforce still has not been made
financially whole. This is completely unacceptable, inserting
this type of risk into our system. As you know, we are at a 30-
year low of fully certified controllers in the system, of which
20 percent of them can retire at any moment. If 20 percent
retire tomorrow because we look at another shutdown, we will
not be able to run the volume of traffic we do today.
It takes 3 to 5 years to mentor an apprentice to become a
fully certified controller. The FAA had to stop their hiring
and shut down the training academy because of the shutdown. Our
staffing crisis is exacerbated by the shutdown. We need to make
sure this never happens again.
I want to thank the Secretary of Transportation Elaine
Chao, along with Acting Administrator Dan Elwell and the ATO
Chief Operating Officer Teri Bristol, for their leadership
through this unacceptable challenge of the National Airspace
System.
Chairman DeFazio, Chairman Larsen, I applaud you for
introducing the Aviation Funding Stability Act of 2019, H.R.
1108. NATCA strongly supports this bill because it meets our
four core principles and it ensures the safety and efficiency
of the National Airspace System. It protects the front line
workforce. The bill provides stable, predictable funding for
our National Airspace System, and it gives the ability to
continue to provide service to all the users of the aviation
community.
NATCA urges all Members of Congress to support this
legislation. I thank you for your time, and I look forward to
your questions.
[The prepared statement of Mr. Rinaldi follows:]
Prepared Statement of Paul M. Rinaldi, President, National Air Traffic
Controllers Association, AFL-CIO
Thank you for the opportunity to testify on behalf of the National
Air Traffic Controllers Association, AFL-CIO (NATCA) about ``Putting
U.S. Aviation at Risk: The Impact of the Shutdown.'' NATCA is the
exclusive representative for nearly 20,000 employees, including the
Federal Aviation Administration's (FAA) air traffic controllers,
traffic management coordinators and specialists, flight service station
air traffic controllers, staff support specialists, engineers and
architects, and other aviation safety professionals, as well as
Department of Defense (DoD) and Federal Contract Tower (FCT) air
traffic controllers.
general overview
On Friday, January 25, the longest Federal Government shutdown in
U.S. history ended after 35 days. However, no one should be under the
illusion that it was business as usual for aviation during the
shutdown. Every day, 71,500 flights and over 2 million passengers move
through the National Airspace System (NAS). Although it is the safest
and most efficient system in the world, during the shutdown, many
activities and processes that proactively reduce risk and increase
safety were suspended. Even though the NAS is safer now than it was
during the shutdown, it is less safe today than it was before the
shutdown began.
The NAS and the FAA did not revert to normalcy when the shutdown
ended. It may take weeks, months, or even years for some aspects of the
system to return to normal order. That also is assuming that the 3-week
continuing resolution (CR) that ended the shutdown leads to a longer
term appropriations bill that averts another shutdown on February 15.
Over 3,000 aviation safety professionals represented by NATCA were
furloughed, along with hundreds of thousands of other Federal
employees. Another 15,000 NATCA-represented controllers and aviation
safety professionals continued to work for more than a month without
pay, and without the necessary support staff who provide a critical
layer of safety in operating and overseeing the safest, most complex,
most efficient airspace system in the world. All of these air traffic
controllers and aviation safety professionals were used as pawns in a
political fight that had nothing to do with aviation. This is wrong and
must not be allowed to happen again.
The safety of the NAS is vital and should never be used as a
bargaining tool. Our work needs to be 100 percent right, 100 percent of
the time. Air traffic control is an inherently stressful profession and
it is wrong that the men and women who operate and oversee the system
were forced to worry about how they would feed their families or pay
their rent or mortgage while performing their work without pay.
Moreover, nearly 20 percent of all certified professional
controllers (CPC) are currently eligible to retire. We know from
anecdotal evidence that the shutdown led some controllers to decide to
retire earlier than they had planned. We also know that other
controllers who were not yet eligible to retire, as well as a few
students at the FAA Academy, chose to resign in order to find another
way to pay their rent and feed their families. The NAS cannot sustain
greater-than-anticipated controller attrition without resulting in
reduced capacity--meaning more flight delays for the flying public.
The reality that no one wants to hear is that the NAS was less safe
during the shutdown than before it began. The system began to
experience decreased efficiency and capacity as a result of the
shutdown and was on the verge of unraveling. NATCA sounded the alarm.
Our leadership was receiving messages from controllers with decades of
experience who had aircraft under their control climbing directly into
the path of another aircraft because they were stressed and distracted
with the uncertainty on when the shutdown would end, thinking about
their mortgage and car payments, medical bills, and feeding their
families, rather than their jobs.
On the day the shutdown ended, January 25, travelers experienced a
number of flight delays due to decreased capacity. Because the NAS is
an extremely complex and interconnected system, when delays occur at
one major facility there is a ripple effect across the adjoining
airspace and sometimes throughout the entire system. NATCA did not
coordinate these controller absences. NATCA does not condone or endorse
any Federal employees participating in or advocating for a coordinated
activity that negatively affects the capacity of the NAS or other
activities that undermine the professional image and reputation of the
men and women we represent.
On that day, a small number of controllers from critically staffed
areas in two air traffic control facilities individually determined
that they were not fit for duty. This was a result of illnesses, the
stress of working for over a month without being paid, and not knowing
when the shutdown would end and normalcy would return.
Given the unprecedented nature and length of the shutdown, there is
no question that it has damaged and will continue to harm the system,
which supports 12 million aviation-related jobs and contributes over
$1.5 trillion annually to the U.S. economy. Every time the Government
is shut down, or brought to the brink of a shutdown due to political
disagreements that have nothing to do with aviation, it has real
consequences for real people. Unfortunately, shutdowns and threats of
shutdowns have become a common occurrence.
Since the start of Fiscal Year 2018, the FAA has experienced 3
shutdowns and 11 additional threatened shutdowns either due to a lapse
in appropriations or a lapse in FAA authorization. Below is a timeline
of this stop-and-go funding cycle since the beginning of fiscal year
2018:
Sept. 30, 2017--Threatened Lapse in both Appropriations
and FAA Authorization (CR through 12/8; and FAA Extension through 3/31)
Dec. 8, 2017--Threatened Lapse in Appropriations (CR
through 12/22)
Dec. 22, 2017--Threatened Lapse in Appropriations (CR
through 1/19)
Jan. 20, 2018--THREE-DAY SHUTDOWN (CR through 2/9)
Feb. 9, 2018--MULTIHOUR SHUTDOWN (CR through 3/23)
March 23, 2018--Threatened Lapse in Appropriations (CR
through 9/30)
March 31, 2018--Threatened Lapse in FAA Authorization;
(Extension through 9/30)
Oct. 1, 2018--Threatened Lapse in both Appropriations and
FAA Authorization (received CR through 12/7; and FAA Extension through
10/7)
Oct. 7, 2018--Threatened Lapse in FAA Authorization (5-
year FAA Reauthorization)
Dec. 7, 2018--Threatened Lapse in Appropriations (CR
through 12/2)
Dec. 22, 2018--35-DAY SHUTDOWN (CR through 2/15)
Feb. 15, 2019--Threatened Lapse in Appropriations (TBD)
critical safety concerns
The shutdown was tremendously harmful because it eroded the layers
of critical elements necessary to support and maintain the safety of
the NAS. Many safety activities that proactively reduce risk and
increase the safety of the NAS were suspended as a result of the
shutdown. For instance, the FAA Air Traffic Organization's (ATO) Top 5
Hazards in the NAS were not being addressed, which include risks
associated with Pilot Weather Reports (PIREPS), Wrong Surface Landings,
Safety Alerts, Altitude Compliance, and Operational Risk Management
(ORM).
Specifically, safety enhancements that prevent wrong surface
landings were suspended because of the shutdown. Each year, there are
more than 200 events in which an aircraft lands, or attempts to land,
on the wrong runway, on a taxiway, or at the wrong airport entirely.
The aviation industry, NATCA, and the FAA are working on the
implementation and additional development of new technologies that
would provide air traffic controllers with an early warning system
designed to mitigate the risk of aircraft landing on the incorrect
surface (i.e. runway, a taxiway, or at the wrong airport). Development
was significantly delayed because of the shutdown.
Just last week, at Philadelphia International Airport (PHL), a
flight was cleared to land on Runway 35, but aligned itself on Taxiway
E, parallel to the intended runway. A runway safety enhancement in
Airport Surface Detection System--Model X (ASDE-X) called ASDE-X
Taxiway Arrival Prediction (ATAP) Alerting System alerted the local
controller who immediately instructed the pilot to execute a go-around.
The pilot overflew two commercial airplanes on the taxiway by 600 and
700 feet respectively on the go-around.
The ATAP system is currently enabled at five airports in addition
to PHL: Hartsfield-Jackson Atlanta International Airport (ATL), Bradley
International Airport (BDL), Charlotte Douglas International Airport
(CLT), Dallas/Fort Worth International Airport (DFW), and Seattle-
Tacoma International Airport (SEA). Prior to the shutdown, the FAA
scheduled ATAP to be enabled on March 31, 2019, at 13 additional major
airports. However, due to the shutdown, that implementation is now
delayed until June 30, 2019, at eight airports: Baltimore/Washington
International Thurgood Marshall Airport (BWI), Newark Liberty
International Airport (EWR), Honolulu Control Facility (HCF), McCarran
International Airport (LAS), Chicago Midway International Airport
(MDW), Memphis International Airport (MEM), Chicago O'Hare
International Airport (ORD), and Salt Lake City International Airport
(SLC).
Voluntary safety reporting programs, such as the Air Traffic Safety
Action Program (ATSAP), also were negatively affected. Critical
communication between the ATSAP review teams and furloughed staff was
deferred, resulting in an inability to properly identify and mitigate
safety and training deficiencies. The voluntary safety reporting
program for NATCA-represented engineers and service area support staff
also was not operating, while all work on existing reported safety
issues and associated mitigation activities was suspended.
In addition, some of the critical safety equipment and technology
that controllers use every day is decades old and at risk of
malfunctioning. Even before the shutdown, the FAA had moved to a ``fix-
on-fail'' maintenance philosophy and had stopped stockpiling critical
parts for essential operational equipment. However, because of the
shutdown, critical maintenance and repair projects have been delayed
even more. There now is a backlog of maintenance projects at facilities
around the country. An additional Government shutdown would make this
situation worse.
the negative effects on the workforce and the controller staffing
crisis
The partial Government shutdown was a disaster for the FAA
workforce, including air traffic controllers, traffic management
coordinators, and other aviation safety professionals who worked
without pay for more than a month. Many of them still have not been
made whole financially. It also was disastrous for over 3,000 NATCA-
represented FAA employees who were furloughed without pay during the
shutdown. Their critical safety work wasn't being performed at all and
piled up awaiting their return to duty.
Shutdown Exacerbated Controller Fatigue Problem
In a voluntary survey of NATCA members, we found that many of them
started working second jobs because their chosen profession was not
paying them. Air traffic controllers are subject to very strict fatigue
rules that are intended to ensure that they receive appropriate rest
and sleep between shifts. However, in order to make ends meet during
the shutdown, many controllers were not resting or sleeping as much
between shifts. Instead, they were working second jobs so that they
could pay their rent and feed their families. This was a significant
problem, because during their non-working time air traffic controllers
need to be resting, relaxing, and sleeping in order to counteract the
unique stress and fatigue that comes with the job.
FAA Order 7210.3AA prescribes the specific fatigue rules and shift
limitations based upon fatigue science studies for controllers,
including the 10-hour maximum per shift for all radar facilities and
air traffic control towers. It also mandates the duration and frequency
of rest periods between shifts. Specifically, that order provides:
Air traffic control specialists whose primary duties are those
directly related to the control and separation of aircraft must meet
the following criteria:
1. Do not work more than 10 operational hours in a shift.
2. Hours worked before a shift, whether operational or not, will
count as operational hours.
3. All work beyond 10 hours must be nonoperational.
4. Have at least an 8-hour break from the time work ends to the
start of any shift, except as follows:
(a) Employees are required to have a minimum of 9 consecutive
hours off duty preceding the start of a day shift. For purposes of this
paragraph only, a day shift is generally defined as a shift where the
majority of hours fall between 7 o'clock a.m. and 4 o'clock p.m.
(b) This requirement applies to all shift changes, swaps, and
overtime to include scheduled, call-in, and holdover assignments.
5. Have an off-duty period of at least 12 hours following a
midnight shift. (A midnight shift is defined as a shift in which the
majority of hours are worked between 10:30 p.m. and 6:30 a.m.)
6. If an employee is assigned more than two (2) consecutive ten
(10) hour midnight shifts, all of the consecutive ten (10) hour
midnight shifts require a 2100L (Non flex) start time.
7. Ten (10) hour midnight shifts are limited to no more than four
(4) in any six (6) day period.
8. No day shift may immediately precede a ten (10) hour midnight
shift.
9. Eight (8) hour midnight shifts may be extended by no more than
one (1) hour per single shift.
10. A 0530L start time or later is required when working an eight
(8) hour day shift prior to an eight (8) hour midnight shift. Employees
may not flex to an earlier start time than 0530L.
11. Do not work more than six shifts without taking a regular day
off.
12. Authorized leave, compensatory time used, and credit hours
used are considered hours of work.
13. These criteria apply to shift adjustments, including the
exchange of shifts and/or days off and the change of shifts and/or days
off.
Even under normal circumstances, extended workdays and workweeks
can lead to significant fatigue concerns for the workforce. Just last
week, the National Transportation Safety Board once again identified
fatigue on its list of 10 most wanted transportation safety
improvements. Although NATCA and FAA, along with other stakeholders,
have worked collaboratively to develop a fatigue awareness and
education campaign called ``Fully Charged,'' which is part of the
collaborative Foundations of Professionalism program, the only long-
term solution is sufficient staffing.
NATCA has worked very closely with the FAA in recent years to
develop and implement new fatigue risk management tools and to educate
the workforce on the need for rest and sleep during non-work time. This
shutdown undermined all this essential work. A tired workforce will
make more mistakes. A tired and distracted workforce will make even
more. The shutdown injected significant risk into a system that is
designed to eliminate risk.
Hiring Freeze and FAA Academy Closure
The FAA Training Academy in Oklahoma City was closed during the
shutdown and just began classes again last week. The FAA also suspended
hiring and training for all new hires and controller advanced skills
classes were canceled throughout the shutdown.
In late December 2018, the FAA gave notices to approximately 440
students at the FAA Academy placing them on furlough or returning them
to their facilities where they are partially certified. FAA also gave a
stop work order to Science Applications International Corporation
(SAIC), the contractor that performs training functions at the Academy.
The FAA canceled a month of Air Traffic Basics courses and advised over
100 students not to show up for their scheduled class start dates. The
FAA canceled additional classes through February 11. Now that classes
have started again, all future students will have to be rescheduled
into appropriate classes to begin training later than what would have
otherwise occurred.
Prior to the shutdown, the FAA's hiring target for fiscal year 2019
was 1,431 and now we are concerned that the goal will not be
attainable. This is unacceptable. Further staffing reductions could
have an immediate and detrimental effect on capacity, meaning fewer
aircraft in the sky and greater potential for delays.
No Staffing for Integrating New Users and Implementing NextGen
Technology
If this staffing crisis continues, the FAA will be hard-pressed to
maintain current capacity, let alone modernize the system and expand it
for new users, such as commercial space operations, Unmanned Aircraft
Systems (UAS), and supersonic jets. Understaffing at air traffic
facilities hinders the deployment and training of NextGen programs,
procedures, and equipment. Moreover, integrating new users into the NAS
was put on hold during the shutdown, and those delays will negatively
affect private sector innovation--both big and small companies alike.
Air Traffic Controller Staffing Crisis Background
Air traffic controller staffing has been a concern for many years.
It reached a crisis level in 2015 and despite some recent progress
within the FAA's hiring, training, and transfer processes, it remains a
challenge, one that has been exacerbated by the shutdown.
Since 2015, NATCA has been raising concern and awareness about the
staffing issue because of the disastrous effects that further staffing
reductions could have on system capacity. On December 8, 2015, NATCA
addressed the controller staffing crisis at a congressional Roundtable
policy discussion held by this subcommittee. On June 15, 2016, NATCA
testified about the controller staffing crisis before this subcommittee
at a hearing titled ``A Review of the Federal Aviation's Air Traffic
Controller Hiring, Staffing and Training Plans.'' Then, on May 17,
2017, NATCA again testified about the controller staffing crisis, as
part of the justification for needing ATC reform, before the full
Committee on Transportation and Infrastructure, at a hearing titled
``The Need to Reform the Federal Aviation Administration and Air
Traffic Control to Build a 21st-Century Aviation System for America.''
The FAA's CPC workforce has reached a 30-year low. Controller
staffing has fallen 10 percent since 2011, and a significant percentage
of the certified controller workforce remains eligible to retire (18
percent). Stop-and-go funding for the FAA has made this problem worse.
Sequestration forced the FAA to institute a hiring freeze and shutter
the FAA Academy between March and December 2013. The hiring freeze
compounded an already tenuous staffing situation in which the FAA had
barely been able to replace retiring controllers. The FAA never made up
for the sequester-related hiring freeze in 2013.
New hires who are admitted into the FAA Academy today will require
2 to 5 years of training before they become fully trained and capable
of separating air traffic on their own. Moreover, of those who are
admitted, currently only 64 percent of students in either the Tower/
Terminal or En Route options will successfully complete their Academy
training and screening before moving on to train at their facility.
There is additional attrition once Academy graduates begin on-the-job
training at their facilities.
Even increased hiring by the FAA in 2015, 2016, and 2017 did not
make up for the attrition experienced from 2013 through 2017. Although
the FAA has exceeded its hiring targets each of the past 3 years, CPC
staffing levels continued to go down by 3.2 percent over that period.
One potential solution, as part of a comprehensive hiring and training
program, is to utilize the Academy's maximum throughput capacity
(approx. 2,000 students per year).
Facilities that are at critical staffing levels (defined as
requiring mandatory overtime and a 6-day work week to fully staff all
positions) are facing a dire situation, as retirement-eligible
controllers continue to retire at a high rate, and those left on the
job begin the time-intensive process of training controllers
transferring from less complex/busy facilities and/or Academy
graduates.
The shutdown caused a ripple effect further delaying Academy
training courses throughout 2019. There is no question that this
shutdown has and will continue to exacerbate the existing air traffic
controller staffing crisis.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Air Traffic Controller Staffing: 2011-2018 \\
------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018
------------------------------------------------------------------------
On-Board 15,23 15,06 14,46 14,05 14,01 14,0 14,0 14,2
6 3 1 9 0 50 09 85
CPC \1\ 11,63 11,75 11,52 11,19 10,83 10,6 10,5 10,4
9 3 2 2 3 19 44 83
CPC-IT \2\ 965 1,143 1,187 1,200 1,218 1,25 1,20 1,32
9 5 0
DEV \3\ (Including 2,632 2,167 1,741 1,667 1,959 2,17 2,26 2,48
AG \4\) 2 0 2
AG 676 671 440 665 936 878 883 980
Retirement Eligible 3,064 3,224 3,077 2,982 3,355 2,91 2,41 1,84
5 0 2
FAA Planned to Hire 829 981 1,315 1,286 1,772 1,61 1,78 1,70
9 1 1
FAA Actually Hired 824 925 554 1,112 1,345 1,68 1,88 1,78
0 0 7
------------------------------------------------------------------------
\\Source: FAA Finance Staffing Data Snapshot, FAA Controller Workforce
Plan
\1\ CPC: Certified Professional Controller
\2\ CPC-IT: Certified Professional Controller in Training (fully
certified elsewhere, transferred to a new facility and began training
there)
\3\ DEV: Developmental (trainee)
\4\ AG: Graduate of the FAA Initial Classroom Training Academy in
Oklahoma City, newly hired, and started at their first facility as a
trainee
operational consequences
Air traffic control is a complex, high-consequence profession
requiring multiple layers of safety processes and procedures (e.g.
safety reporting, quality control, quality assurance, training) to
ensure that we deliver the highest level of safety to the flying
public. Just as you would not ask a surgeon to perform a surgery
without their surgical team, you should not require controllers to
perform their work without their support team of approximately 3,000
NATCA-represented aviation safety professionals, many of whom remained
furloughed throughout the shutdown.
For example, staff support specialists who work at air traffic
control facilities to provide tactical, strategic, and administrative
support of training; quality assurance/quality control of air traffic
control and traffic management; manage and redesign airspace and air
traffic control procedures; support operational automation, military
operations, and air traffic safety management systems. They were
furloughed during the shutdown. Aircraft certification engineers assist
in design, production approvals, and airworthiness certification of
aircraft and their components. They were furloughed during the
shutdown. Other NATCA-represented engineers design and construct
critical infrastructure necessary for safe flight operations including
air traffic control towers, radar maintenance and installation,
navigational aids, and communications systems. Many of them also were
furloughed during the shutdown. FAA's flight test pilots were
furloughed during the shutdown.
wasted taxpayer money and resources--delays to modernization and the
integration of new users
As a result of the shutdown, all FAA modernization work and new
user integration was stopped. The shutdown has and will continue to
cause significant delays to these projects, wasting critical resources
and Federal taxpayer money. Even now, delays to the timelines for each
project will have a cascading effect on each project as the FAA
scrambles to restart work and deconflict waterfall timelines. For
instance, we know that the shutdown cost taxpayers up to $8M in order
to repeat training for controllers related to the implementation and
deployment of Enroute Controller Pilot Data Link Communications
(CPDLC), most often referred to as DataComm. This system is the next
generation of communication between pilots and controllers.
In addition, work on integrating new users such as Unmanned
Aircraft Systems (UAS), commercial space launches, and supersonic
aircraft into the NAS was put on hold, which will negatively affect
private sector innovation. Critical construction to the physical
infrastructure also stopped at airports and radar facilities across the
country.
Delays to Programs that Benefit General Aviation
General aviation also felt the effects of the shutdown as many
related programs continue to experience significant delays. Below are
some examples of these delayed programs:
Northeast Corridor quick climb out procedures out of
Teterboro and Westchester County.
Multiple Airport Route Separation (MARS) safety case--The
MARS concept will procedurally deconflict departure and arrival flows
between multiple adjacent airports, with air traffic control providing
radar monitoring instead of radar separation and vectoring.
Decoupling of approach procedures in LaGuardia (LGA),
Newark (EWR), and Teterboro (TEB) to reduce delays.
Noise reducing departure procedures out of Teterboro.
Atlantic Coast Routings that will eventually improve flow
and throughput along the Atlantic seaboard.
Use of Performance Based Navigation (PBN) procedures to
leverage aircraft avionics and ground infrastructure to maximize safety
and efficiency between airports and in congested airspace.
Las Vegas and south Florida metroplex projects, which are
developing procedures for satellite airports like Henderson Executive
Airport (HND), Southwest Florida International Airport in Fort Myers
(RSW), Palm Beach International Airport (PBI), and Orlando Executive
Airport (ORL).
Delays to VOR Network Modernization Program (VORMON)
The NAS is in the process of transitioning away from a standalone
VOR network (i.e. Very High Frequency (VHF) Omni-Directional Range
radio ground-based navigational aide) to the more-efficient Performance
Based Navigation (PBN) system. Very High Frequency Omni-directional
Range Minimum Operational Network (VORMON) will eliminate redundant
coverage and will provide more efficient routings in congested
metropolitan areas. Conventional airways (SIDS, STARS, IAP, etc.) that
were previously supported by VOR may be replaced with PBN procedures.
Typically, it takes between 24 to 36 months to design and implement
a PBN procedure to replace a conventional VOR procedure. In 2018, 22
VORs were removed. In 2019 and 2020, the FAA was scheduled to remove 27
and 48 VORs, respectively. This schedule is now in serious jeopardy due
to the shutdown.
Delays to Performance Based Navigation (PBN) Procedures
The modernization of the U.S. satellite-based network of PBN flight
paths will help air traffic conduct Trajectory Based Operations (TBO).
PBN services are laying the foundation for the NAS of the future by
enabling many NextGen operational improvements, capabilities, and
initiatives. Through these programs, the FAA is beginning to monitor an
aircraft's trajectory including its time at points along a 3-D path so
that we can anticipate the timing of arrivals at major airports.
Ultimately, PBN procedures and routes save time and fuel while reducing
emissions.
The FAA has already published more than 9,300 PBN procedures and
routes. Before the shutdown, there were over 1,000 procedures that were
being developed in collaboration with pilots, air traffic controllers,
and airports. This has been significantly delayed and, even now that
the shutdown is over, it may take 24 to 36 months to continue the
design and implementation process for many of these procedures. For
instance, multiple large and small PBN projects will be delayed
including projects in south Florida, Las Vegas, Detroit, Cleveland,
Denver, the Northeast Corridor initiative, and airspace modernization
efforts at Louisville International Airport (SDF).
Time Based Flow Management (TBFM) and Traffic Flow Management System
(TFMS) Further Deployment Delayed
TBFM and TFMS will enhance NAS efficiency by using the capabilities
of a decision-support tool, which is already deployed at numerous air
traffic control facilities. TBFM and TFMS maximize aircraft throughput
and capacity within the system in order to maintain a high level of
efficiency and predictability by reducing delays, travel time, and fuel
expenses. These programs also help reduce the effects on the
environment including noise, emissions, and other environmental issues
in the implementation and operation of the aviation system.
Improvements in TBFM/TFMS core Time Based Metering capability and
its trajectory modeler--an expansion of its departure capabilities to
additional locations--and enhancements to departure capabilities, will
enhance efficiency and optimize demand and capacity. Moreover,
capabilities in this portfolio will be leveraged to enable aircraft to
maintain a spacing interval behind a preceding aircraft, further
improving capacity and flight efficiency. Improvements also will enable
controllers to more accurately deliver aircraft to the Terminal Radar
Approach Control (TRACON) facilities while providing the opportunity
for aircraft to fly optimized descents.
Approximately 93 FAA facilities currently have TBFM: 20 Air Route
Traffic Control Centers (ARTCCs), 28 TRACONs, and 45 Air Traffic
Control Towers. However, enhancements and updates that will enable
future capabilities will be significantly delayed due to the shutdown.
Delays to Terminal Flight Data Manager (TFDM) Deployment
TFDM is the surface management solution for NextGen. With growing
congestion on the airport surface due to the increase in commercial air
traffic nationwide, the need for efficient aircraft traffic planning on
the airport ground is critical. This program has been delayed due to
the shutdown.
Over the life of the system, TFDM is expected to provide 313
million gallons in fuel savings, while reducing over 3 million metric
tons of carbon emissions. The flying public also will experience fewer
delays, more reliable flight schedules, improved passenger
satisfaction, and improved predictability. Airlines and other flight
operators will experience improved schedule predictability and crew
utilization, less taxi time and fuel burn, increased reliability of
connection, and reduced departure lines on the taxiway. Airport
operators expect to reduce their CO2 footprint, reduce engine noise,
and experience a more balanced use of airport resources.
Air traffic services expect to benefit through automatically
updated flight plans and electronic flight strips, easier rescheduling
canceled and delayed flights, fewer aircraft in the movement area and
departure queue, and improved surface situational awareness at the
TRACON, ARTCC, and Command Center. Most importantly, TFDM will improve
safety, as controllers will experience less ``heads down'' time.
Trajectory Based Operations (TBO) Deployment
TBO is an Air Traffic Management (ATM) method for strategically
planning, managing, and optimizing flights throughout the NAS by using
time-based management, information exchange between air and ground
systems, and the aircraft's ability to fly precise paths (PBN) in time
and space. TBO deployment at the first three sites--Northeast Corridor,
Denver, and Atlanta--has been significantly delayed due to the
shutdown.
Once fully deployed, TBO will leverage improvements in navigation
accuracy, communications, surveillance, and automation to decrease the
uncertainty of an aircrafts' path in four dimensions--lateral (latitude
and longitude), vertical (altitude) and time--which will result in
significant improvements in strategic planning. However, TBO requires
every participant and system to be operating on the same plan. That
plan is expressed and shared through the agreed trajectory, which is
used as a reference for the flight and contains estimates for arrival
times at key points along the flight.
The time-based parameter provides a common planning reference
across all phases of flight, including pre-departure. This facilitates
planning integration across ATC domains, enables the FAA to plan
against the schedule objectives of users (i.e. departure and arrival
times), and allows for more dynamic planning through a constrained area
such as a major weather event, metering adjustments across merge points
for the convergence of major flows, or for individual aircraft being
integrated into congested flows.
FAA Will Struggle to Meet 2020 Mandate for Automatic Dependent
Surveillance-Broadcast (ADS-B)
ADS-B is a new type of surveillance dependent on a global
navigation satellite system (GNSS), typically GPS, where the position
of the aircraft is derived in its avionics and broadcast to a network
of ground based radio stations. ADS-B positions are typically more
accurate than traditional radar and broadcast much faster, about once
per second. ADS-B reports also include more information than simply an
aircraft's position.
The FAA has mandated that all aircraft must be equipped with ``ADS-
B Out'' technology (equipment installed on the aircraft that transmits
position information to the ADS-B system) by January 1, 2020. Prior to
the shutdown, ADS-B was scheduled to be deployed at the last FAA
facility by September 2019. The FAA now will be hard-pressed to meet
that target date and full ADS-B deployment is likely to be delayed.
Enterprise Information Display System (E-IDS) Development and Testing
Delayed
Development and deployment of E-IDS will allow controllers to
access vital information while working an operational position such as
approach plates, letters of agreement, weather, airport configurations,
standard operating procedures, and Notices to Airmen (NOTAMs). E-IDS is
currently in the development phase and, once completed, will combine
the five existing information display systems into one. Several of
these existing systems are well-beyond their lifecycle and are
constantly at risk of failing. This program could be significantly
delayed due to the shutdown.
Consolidated Wake Recategorization (CWT)
CWT enables controllers to use more efficient aircraft separation
standards (flying planes closer together) without compromising safety,
which means that more planes can take off and land throughout the
system. Currently, CWT is deployed at seven terminal facilities, with
18 more to come. Further deployment of this program has been delayed
due to the shutdown.
NextGen Weather Program (NWP)
NWP is a critical part of NextGen because it helps reduce the
negative effects of weather on aviation, resulting in safer, more
efficient, and more predictable day-to-day NAS operations. NWP will be
able to provide tailored aviation weather products within the NAS,
helping controllers and operators develop reliable flight plans, make
better decisions, and improve on-time performance. This program has
been delayed due to the shutdown.
conclusion
There can be no doubt that the status quo is broken and has been
for some time. The 35-day shutdown was just the latest of many
instances in which FAA funding, its workforce, and the aviation
industry have been held hostage by a political disagreement that has
nothing to do with aviation. A second shutdown would be much more
disastrous for the system if the 3-week CR does not lead to a longer
term appropriations bill on or before February 15.
This shutdown emphasized that a stop-and-go funding stream is
unsustainable. Stop-and-go funding crises wreak havoc on the NAS, delay
critical modernization and infrastructure projects, and exacerbate the
current controller staffing crisis, which has resulted in a 30-year low
of CPCs. Every time the NAS is forced to endure another shutdown or a
threatened lapse in appropriations or FAA authorization, the United
States is at risk of losing its status as the safest, most efficient
airspace system in the world. We must not let this happen again and
NATCA will continue to fight for a solution to this problem.
As a result, NATCA's position on air traffic control reform remains
consistent. We do not support any one particular reform model and we
will meticulously review the details of any proposal before deciding
whether to support or oppose it. In order to receive NATCA's
consideration for support, a reform proposal must improve upon the
status quo, without adopting a for-profit air traffic control model,
and--at minimum--meet NATCA's Four Core Principles for Reform:
1. Any reform model must ensure that the frontline workforce is
fully protected in its employment relationship. It is crucial to
maintain NATCA members' pay and benefits, including retirement and
health care, along with our negotiated agreements for their work rules,
and indemnification for our members for acts within the scope of their
employment.
2. Safety and efficiency must remain the top priorities within the
system. We cannot allow maintenance to lag or a reduction in staffing
to save money. The NAS must be fully staffed to ensure both safety and
efficiency, and to maintain capacity.
3. A stable, predictable funding stream must adequately support
air traffic control services, staffing, hiring and training, long-term
modernization projects, preventative maintenance, and ongoing
modernization to the physical infrastructure. Stop-and-go funding
crises slow the hiring and training process, which exacerbate the
current controller staffing crisis. The lack of a stable funding stream
also prevents timely implementation of NextGen modernization projects.
4. Any reform model must maintain a dynamic aviation system that
continues to provide services to all segments of the aviation
community, from commercial passenger carriers and cargo haulers to
business jets and to general aviation, from the major airports to those
in small communities and rural America. We cannot emphasize enough how
important it is that our system continues to provide services to the
diverse users of the NAS. The United States has a vibrant general
aviation community that relies on us, while the economic success of
rural America also is connected to access to the NAS through serving
even the most remote areas.
NATCA thanks Chairman DeFazio and Chairman Larsen for introducing
the Aviation Funding Stability Act of 2019 (H.R. 1108). We are urging
everyone in Congress to support it. NATCA has thoroughly reviewed the
Aviation Funding Stability Act of 2019. It would provide a stable,
predictable funding stream for the NAS by preventing Government
shutdowns from affecting the FAA. NATCA strongly supports this
legislation.
Thank you for the opportunity to offer testimony on this critical
issue.
Mr. Larsen. Thank you, Mr. Rinaldi.
Mr. Perrone, you are recognized for 5 minutes.
Mr. Perrone. Thank you. Chairman DeFazio, Chairman Larsen,
Ranking Member Grave, and members of the subcommittee, thank
you for inviting me to testify on behalf of the Professional
Aviation Safety Specialists to discuss the impacts of the
recent Government shutdown.
The impacts of the shutdown resonated throughout the
industry as aviation safety inspectors and many others sat idly
on the sidelines for weeks. Frustration grew, morale dropped,
while modernization was brought to a standstill. In addition,
the FAA's ability to recruit and retain highly skilled workers
may have been severely damaged.
PASS represents approximately 11,000 FAA employees
nationwide, including Puerto Rico, Guam, and American Samoa.
They install, maintain, support, and certify complex air
traffic control equipment. They inspect and oversee the
commercial and general aviation industries. They develop flight
procedures and perform quality analysis of aviation systems
using air traffic control. They aid in the building and
restoring of air traffic control facilities as well.
These employees are the voice of aviation safety. They
provide a unique insight into the system in the industry they
oversee. Our members are tasked with ensuring that the U.S.
aviation system remains the safest in the world 24 hours a day,
7 days a week. Yet for 35 days, many of them were not
performing their duties.
Those who were on the job were working under stressful
conditions without pay, while some worked over 10-hour shifts.
Dedicated Federal employees, many of them lifelong public
servants and military veterans, became collateral damage in a
dispute unrelated to aviation safety.
Employees within the FAA's Office of Aviation Safety
represent the backbone of the system. They develop regulatory
standards and ensure your aircraft and those responsible for
keeping it in the sky are up to the task and in full regulatory
compliance.
But when the shutdown began, thousands of aviation safety
inspectors were furloughed and told not to report to work. They
wanted to, but they couldn't. For 35 days the FAA's safety
oversight was severely curtailed. With each passing day, a
layer of safety was stripped away as the system became more
exposed to risk. For example, the FAA was not overseeing
foreign repair stations for 35 days, and the world knew it.
This is not an acceptable standard.
The aviation industry depends on vital certification work
that PASS-represented employees perform. But during the
shutdown, important certification activities were on hold. The
FAA and the aviation industry will likely feel the effects of
this shutdown for years to come.
Thousands of other FAA employees, primarily in the Air
Traffic Organization, or ATO, remained on the job without pay.
This includes airway transportation system specialists as well
as other safety professionals. Modernization of the system was
brought to a halt. Implementation of NextGen programs,
procedures, and equipment were not being deployed, and training
was halted. This will inevitably lead to delays in the
implementation of new technologies and procedures. Again, the
long-term impacts of the shutdown will resonate throughout the
industry.
As stated before, the agency's ability to attract and
retain highly skilled employees after the shutdown may have
been damaged. Employees trained and certified by the Government
will look to the private sector for job security. Inspectors
are fleeing to the private sector, and years of experience will
be lost. The call to public service may be lost as well.
The human impact must be considered. The timing of the
shutdown before and after the holidays could not have been
worse. FAA employees needed to be focused on critical duties,
not on whether they can pay their bills or if they need a
second job to put food on the table.
During the shutdown, I heard from one of my members in
Gonzales, Louisiana, who is in the administrative side of the
house, and was furloughed during the shutdown. She is a single
mother of three and putting two children through college. She
is also a veteran, who dutifully served her country. Yet for 35
days, her main concern was the shutdown and when she would be
able to pay her bills. She told me of the psychological effects
and the stress it put on her and her family. She deserves
better than this. All Federal employees deserve better than
this.
In closing, PASS emphasizes that every day the Government
is shut down, our country is gambling with aviation safety. We
cannot subject the flying public to unnecessary risk due to
political disagreements. Aviation safety is like a team sport:
Without support staff, facilities would not operate at an
optimum level. Without technicians, the air traffic controllers
would not be able to perform their job. And without inspectors,
the aviation system becomes less safe and efficient. The full
team needs to be on the job, free of unnecessary burdens
unrelated to the mission.
Thank you very much for the opportunity to testify on this
important issue, and I look forward to answering any questions.
[The prepared statement of Mr. Perrone follows:]
Prepared Statement of Michael Perrone, President, Professional Aviation
Safety Specialists, AFL-CIO
Chairman Larsen, Ranking Member Graves, and members of the
subcommittee, thank you for inviting me to testify on behalf of the
Professional Aviation Safety Specialists, AFL-CIO (PASS) to discuss the
impacts of the most recent Government shutdown and the risk Government
shutdowns pose to the safety of the aviation system. The impacts of the
shutdown resonated throughout the industry and across the country as
aviation safety inspectors sat idly on the sidelines for weeks, morale
suffered and frustration grew, and modernization was brought to a
standstill.
PASS represents approximately 11,000 Federal Aviation
Administration (FAA) and Department of Defense employees throughout the
United States. PASS-represented employees in the FAA install, maintain,
support and certify air traffic control and national defense equipment,
inspect and oversee the commercial and general aviation industries,
develop flight procedures, and perform quality analyses of complex
aviation systems used in air traffic control and national defense in
the United States and abroad. PASS members work behind the scenes to
ensure the safety and efficiency of the aviation system that transports
over 800 million passengers to their destination each year. The
diversity of the PASS-represented workforce provides insight into the
safety of the system they maintain and the industry they oversee. PASS
members are tasked with ensuring that the U.S. aviation system remains
the safest in the world 24 hours a day, 7 days a week.
Yet, for 35 days, many of these employees were furloughed and not
performing their duties while others were working under stressful
conditions. None of them were getting paid. Thousands of FAA employees
went for weeks without a paycheck and worked with the uncertainty of
not knowing when that paycheck would come. These FAA employees--from
aviation safety inspectors to technicians to administrative staff--are
the true victims despite the fact that funding of the aviation system
was not at stake. To put it simply, dedicated Federal employees, many
of them lifelong public servants and military veterans, were treated as
collateral damage. As a result, a critical layer of safety was removed,
and this is unacceptable.
The following is a detailed discussion of the critical work PASS
members do and the far-reaching impacts a Government shutdown has on
their ability to fulfill their responsibilities. I am confident that
you will agree that these committed, dedicated aviation professionals
deserve to be treated with respect and dignity and recognized for the
important work they perform every day: ensuring the continued safety of
the U.S. aviation system.
office of aviation safety
Within the FAA's Office of Aviation Safety (AVS), PASS represents
employees in the Flight Standards Service and Manufacturing Inspection
District Offices (MIDOs) within Aircraft Certification. Our Flight
Standards bargaining unit is comprised of several thousand aviation
safety inspectors who perform a range of duties in the field to ensure
safety standards are being followed. There are also inspectors and
other highly trained staff that develop regulatory standards and
policy. Within the Flight Standards Office of Foundational Business are
examiners in the FAA's Civil Aviation Registry as well as analysts to
oversee budgeting, staffing, training and other support functions.
Collectively, these employees represent the safety net of the aviation
system; in other words, these employees ensure your aircraft and those
responsible for keeping it in the air are up to the task and in full
regulatory compliance.
At the onset of the shutdown, Flight Standards and MIDO employees
were furloughed and told not to report to work. Essentially, an entire
layer of safety was stripped away as the system became exposed to more
risk with each passing day. According to FAA policy and directives,
this meant that, among other things, the following tasks were not being
performed or being performed at a reduced level:
Approval of exemptions for unmanned aerial systems
operations
Issuance of airmen certificates
Development of Next Generation Air Transportation System
(NextGen) safety standards, as well as development, testing and
evaluation of NextGen technologies
Aviation rulemaking
Evaluations, audits and inspections
Full range of air traffic safety oversight \1\
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\1\ Department of Transportation, Office of the Assistant Secretary
for Budget and Programs, and CFO, ``Operations During a Lapse in Annual
Appropriations Plans by Operating Administration,'' December 2018
(revised as of January 11, 2019).
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Reduction in Safety Oversight
Aviation safety inspectors are responsible for developing,
administering and enforcing regulations and standards concerning civil
aviation safety. According to the FAA, these employees set the
``standards for certification and oversight of airmen, air operators,
air agencies, and designees as well as safety of the flight of civil
aircraft in air commerce.'' \2\ This is a workforce vital to
monitoring the risk of the system--they should be on the job every day
performing this work without fear of when the next paycheck will
arrive. Without every inspector and safety employee on the job focused
solely on their duties, the potential risks to aviation safety
increased.
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\2\ Department of Transportation, Federal Aviation Administration,
Aviation Safety Workforce Plan 2017-2026, p. 25, 2017.
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Furthermore, the FAA utilizes a risk-based approach to aviation
safety. This is intended to allow the agency to identify, address and
mitigate risk in the National Airspace System (NAS) and allocate
resources to the areas of greatest concern. While PASS has voiced
concerns with this philosophy in the past due to reliability of
information and methods for assessing risk, the system was
dysfunctional during the shutdown. With aviation safety inspectors off
the job, risk was not being identified, addressed or mitigated.
Critical safety information received from the airlines was not being
entered in the agency's systems. While a catastrophe did not occur
during this most recent shutdown, this should not be an acceptable
standard for the safest system in the world.
Aviation safety inspectors are also responsible for inspecting
aircraft and work performed at foreign repair stations. The airline
industry has significantly increased its reliance on outsourced
maintenance to foreign repair stations, and PASS has consistently
expressed concern that oversight of this work is lacking. PASS
appreciates that lawmakers have worked with the union to increase the
number of inspections of FAA-certificated foreign repair stations.
However, during a shutdown, this work is seriously curtailed. Simply
put, the FAA was not overseeing foreign repair stations for 35 days and
the world knew it.
Impacts on Certification and Other Inspector Activities
Commercial and general aviation depend on the work of PASS-
represented employees and the vital certification work they perform.
During the shutdown, oversight of important certification activities
was put on hold. This undoubtedly resulted in a backlog of aircraft and
design approvals. Aircraft manufacturers depend on FAA inspectors and
engineers being on the job to review and certify new equipment on a
timely basis. Yet, no new safety designs could be approved, quality
system audits and supplier control audits were delayed, and
investigations were postponed. Inspectors had to limit their focus and
were not able to certify airplanes, repair stations, airline operators
and aviation personnel. A lapse in Government operations seriously
affects the FAA's ability to continue to issue its thousands of design
approvals and type certificates on an annual basis, along with the
ability to conduct safety-required surveillance and oversight necessary
in such a technologically complex system.
There was also a decrease in FAA airworthiness directives during
the shutdown, which are legally enforceable regulations to correct
unsafe conditions in aircraft, engines and propellers. According to a
Consumer Reports investigation, since January 1, the FAA has published
only two directives compared to 19 during the same period last year.\3\
Normally, these directives stem from the daily work of FAA inspectors.
However, with the majority of inspectors furloughed, the flying public
could only trust the airlines inspecting themselves, an inherently
unwise approach to safety.
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\3\ McGee, William J. ``In Shutdown's Wake, FAA Inspectors Face
Backlog of Safety and Maintenance Issues.'' Consumer Reports, January
25, 2019. Accessed February 10, 2019: https://www.consumerreports.org/
airline-safety/faa-inspectors-safety-maintenance-backlog-government-
shutdown/.
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Although a portion of the principle inspectors were eventually
recalled during the shutdown, a majority of the FAA personnel who
certify the safety of aircraft remained furloughed. Certification
timelines are tightly configured, and the impact of the shutdown will
not be limited to the 35 days of lapsed Government funding. The FAA
workforce and the industry will likely feel the lasting effects of the
shutdown for years to come.
Impacts to Recruiting and Retaining Employees
The shutdown exacerbated the existing challenges related to
recruiting and retaining employees as well as heightening the ongoing
concerns over the FAA's lack of clarity over staffing. For years, PASS
has been working with lawmakers on this committee and the agency to
encourage the development of a staffing model for aviation safety
inspectors in order to properly determine the number of inspectors
needed to protect the system. During a shutdown, staffing needs become
even more apparent since the agency is unclear on its reasoning for
calling back a certain number of inspectors and the timing of the call
backs is also uncertain. For instance, as the shutdown continued, in
mid-January, Flight Standards altered its staffing plan and recalled
approximately 1,700 principle inspectors. However, this only reflected
about one-third of the inspector workforce within Flight Standards. The
most recent FAA reauthorization legislation instructs the FAA to work
with PASS to develop a more reliable staffing model. However, due to
the shutdown and the threat of yet another closure, and as the FAA
plays catch up with the backlog of oversight activities halted during
the shutdown, it is unclear if and when a staffing model will be
developed.
The shutdown may very well have long-term impacts within Flight
Standards, which is already struggling to attract and retain aviation
safety inspectors. The FAA is continuously competing with the airline
industry that is oftentimes a more viable financial option for
inspectors, particularly when airlines are economically sound. To this
end, PASS is engaged in discussions with the FAA to identify ways to
maintain these indispensable positions. For example, the FAA recently
approached PASS with the idea of hiring certain employees at a higher
salary level than typically offered due to hiring challenges. There is
no guarantee that this modest increase will be enough to lure qualified
employees into Government service. Of certainty, the shutdown does not
help and will have done nothing to encourage employees to leave
industry or select public service. Additionally, Flight Standards
continues to lose journeymen level inspectors at a higher rate than it
is able to backfill. This is incredibly disconcerting, especially
considering that it can take years to fully train an inspector.
Inspector staffing is not just about attracting employees; it is about
attracting employees with the right skills, training and expertise to
perform the work.
UAS Oversight
Finally, it goes without saying that the aviation industry is
rapidly evolving. This could not be more clearly displayed than through
the growing Unmanned Aircraft Systems (UAS or drones) industry. As of
July 2017, there were 879,696 registered UAS and over 21,000 UAS remote
pilots.\4\ That number has no doubt risen over the past 19 months.
According to the FAA, ``Enabling rapid growth in UAS operations while
maintaining safety of the NAS for all users has become a significant
portion of the AVS mission . . . The success of all these initiatives
is embedded in AVS's diverse, highly skilled workforce.'' \5\ In a 2016
memo to supervisors acquired by PASS, the former AVS director indicated
that aviation safety technicians (ASTs) should handle virtually all UAS
functions. However, ASTs were furloughed during the entire shutdown,
essentially putting UAS oversight, approval and inspection at a
standstill for 35 days. This no doubt will have far-reaching economic
impacts on both the agency and the UAS industry.
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\4\ Department of Transportation, Federal Aviation Administration,
Aviation Safety Workforce Plan 2017-2026, pp. 46-47, 2017.
\5\ Id., p. 6.
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It is indisputable that aviation safety inspectors and other
employees in AVS should be on the job every day, secure in the
knowledge that they will receive a paycheck, and able to perform their
duties to the highest of standards.
air traffic organization
PASS also represents employees in the FAA's Air Traffic
Organization (ATO) including air transportation systems specialists
(ATSS), electronics technicians, engineering technicians (colloquially
referred to as the technician workforce) as well as other safety
professionals and administrative staff. These employees install, test,
troubleshoot, repair and certify radar, communications equipment,
navigational aids, airport lighting and backup power systems, as well
as maintain other systems, equipment and software associated with the
NAS. They are the only people authorized to certify the operation of
FAA systems and equipment, a task considered inherently
governmental.\6\ In short, and according to the FAA's description of
the position, they are responsible for ``everything air traffic
controllers and pilots use for safe flight.''
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\6\ Manager, General Law Branch, AGC-110, memorandum to Manager,
Maintenance Engineering Division, ASM-100, ``Contractor Certification
of Navigational Systems in National Airspace System (NAS),'' June 18,
1991.
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The majority of these employees were not furloughed--they reported
to work every day without pay in order to fulfill their responsibility.
Through rain, snow and ice, these dedicated professionals were on the
job climbing towers and at the airports repairing and maintaining radio
towers, RADAR, navigational aids and other equipment to ensure the NAS
was functioning. Contrary to some reports, at no point during the
shutdown did these employees engage in fix-on-fail maintenance;
however, these employees worked under extreme stress to complete their
work. Thanks to their dedication, the system was maintained at the
highest standards under the conditions. These employees--many of them
military veterans--take their commitment to the United States very
seriously and only want to perform their jobs and be recognized for
their dedication. When they go to work, they should only have to focus
on the job of making sure equipment is properly maintained and
certified, not whether their families are financially secure.
Modernization and Restoration
Proper staffing at critical airports throughout the country remains
a challenge while hiring and training new technicians is not a quick or
easy process. Inadequate technician staffing will no doubt result in
increased restoration times during an outage and more air traffic
delays. It can also make it difficult to ensure 24-hour safety
coverage, a potentially dangerous situation that increases the risk of
major air traffic issues. Understaffing of the FAA's technical
workforce combined with the daily stress of the Government shutdown
only undermines safety. The United States must strive to retain the
very best men and women to ensure the safety of the world's most
complex aviation system.
Modernization of this complex aviation system is also directly
impacted during a Government shutdown. For 35 days, implementation of
Next Generation Air Transportation System (NextGen) Modernization
throughout the country was halted while NextGen programs, procedures
and equipment were not being deployed. These intricate programs and the
dedicated professionals carrying them out, all instrumental to NextGen,
are sidelined during a shutdown. This halts modernization midstride,
producing impacts that will continue to resonate throughout the system
and lead to inevitable delays to the implementation of new technologies
and procedures.
human impact
The timing of the shutdown--before and after the Christmas
holiday--could not have been worse for those not receiving a paycheck.
Even though they were not getting paid, many FAA employees still had to
report to work and endure the associated costs, such as transportation
and child care. PASS surveyed members on the job during the shutdown to
determine morale among coworkers. Phrases and words that appeared most
often included ``terrible,'' ``stressed,'' ``upset,'' ``frustrated''
and ``fatigued.'' That is no type of work environment for the men and
women responsible for ensuring the safety of the flying public.
It is also worth noting that a Government shutdown impacts morale
among the workforce. Not only are employees being deprived of
compensation but forcing some employees to work while others are told
to stay at home creates resentment and intensifies the frustration.
While there is an attempt to lessen the burden on the public by
requiring employees to continue work deemed to be essential, it cannot
be lost that this disproportionally burdens employees. It is axiomatic
that if the public and aviation industry felt the full brunt of a
deprivation of Government services, the pressure to end a Government
shutdown would be overwhelming.
PASS also represents support staff in both AVS and ATO, often
unsung employees who make sure facilities run in a safe and efficient
manner. Not only are these employees typically lowest paid, they are
also deemed to be ineligible to work during a shutdown. According to
FAA guidance, ``Employees whose sole responsibility is performing
policy and operational support work would remain on furlough.'' \7\
This is unacceptable. FAA employees--all FAA employees--should be able
to focus on the critical duties of the job and not on whether they will
be able to pay bills for the month or if they need to pick up a second
job. These are real people struggling with real problems--house
payments, sick children or parents, health issues, debt--and they
should not be pawns in congressional negotiations.
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\7\ Department of Transportation, Office of the Assistant Secretary
for Budget and Programs, and CFO, ``Operations During a Lapse in Annual
Appropriations Plans by Operating Administration,'' December 2018
(revised as of January 11, 2019).
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economic impact
The impacts of the shutdown were not just felt in the pocketbooks
of Federal employees. According to an estimate from the nonpartisan
Congressional Budget Office (CBO), the Government shutdown cost the
economy $11 billion. The CBO also projects a slowdown in economic
growth as the damage of the shutdown is becoming clearer by the day.
When the Government shutdown in 2013 for over 2 weeks, it took the FAA
years to recover fully. How long it takes to recover from this
shutdown, the longest in history, remains uncertain, especially with
the threat of another Government shutdown looming on the horizon. If
another shutdown should occur, it will only multiply the effects and
impacts on the country.
closing
In closing, PASS emphasizes that every day the Government is shut
down and FAA employees are impacted, the aviation system is gambling
with aviation safety.
The U.S. aviation system is a well organized, cohesive unit, with
all parts working together. As with any functioning system, removing
one section or placing unwarranted stress on a particular area will
result in weaknesses with the potential to derail the entire system.
Without support staff in place, facilities would not operate at an
optimum level; without technicians in place, controllers would not be
able to perform their job; and without inspectors in place, the
aviation system could potentially be less safe and would certainly be
less efficient. The full team needs to be on the job, free of
unnecessary burdens unrelated to the mission.
Aviation plays a critical role in today's economy and delivers
invaluable services to the flying public and the military. The FAA is
simply not operating at full potential during a shutdown. The flying
public should not be subjected to unnecessary risk due to political
disagreements. The situation must not be repeated. While appropriators
have assured that the FAA receives full funding in recent years,
congressional disagreements have resulted in uncertainty. PASS calls on
those in power to reach a funding deal that will prevent another
government shutdown and fully fund the Department of Transportation and
the FAA.
Mr. Larsen. Thank you, Mr. Perrone.
I now recognize Mr. Calio for 5 minutes.
Mr. Calio. Thank you to Chairman Larsen, Ranking Member
Graves, Chairman DeFazio, and Ranking Member Graves, for the
opportunity to testify today. On behalf of Airlines for America
and its members, the country's leading passenger and cargo
carriers, we appreciate the committee's leadership and focus on
this timely issue of shutdown impacts and potential solutions.
We also want to sincerely thank those Federal employees who
went to work every day during the partial shutdown even though
they were not being compensated. This includes our partners at
the FAA, TSA, and CBP. Despite significant and prolonged
hardship, they kept the U.S. aviation system operating and they
ensured the safety and security of the traveling and shipping
public.
We all are extremely grateful, and our association and
carriers were pleased to be able to make significant
contributions to the nonprofit groups that were assisting
Federal employees as they suffered through this hardship.
Chairman Larsen, as you noted, and Ranking Member Graves, as
you noted, this is at least the fourth shutdown that these
workers have suffered since 2011, through two different
administrations.
I know we are here to memorialize the impacts of the
shutdown, and we should. But our hope is that we come out of
this united in an effort to make sure that this never happens
again. That should be our goal for today and going forward.
So Chairman DeFazio and Chairman Larsen, we want to thank
you specifically for your leadership in putting forward a
solution that would keep the FAA fully funded and operational
with paid employees, thereby alleviating the serious impacts
repeatedly experienced by the entire aviation industry.
H.R. 1108, and Chairman DeFazio, your past efforts to
redirect diverted TSA revenues, are greatly appreciated. And
frankly, there is a silver lining here. Everyone at this table
supports the legislation, and the entire industry is galvanized
and united as never before.
I would be remiss not to mention and thank Secretary Chao
at the Department of Transportation and Acting Administrator
Elwell for all they did to guarantee that the FAA continued to
operate safely--and I stress safely--and as efficiently as
possible for the traveling and shipping public.
For air travel, the impact of the shutdown was particularly
acute. While my written testimony contains a broader list of
impacts that the shutdown had on our industry, and both Mr.
Rinaldi and Mr. Perrone have laid forth many of those impacts,
I want to mention just a few.
Alaska Airlines had a delay in the start of commercial
service from Paine Field in Washington, forcing already booked
travelers to go back through Seattle. Southwest Airlines had
new service to Hawaii; it has been delayed. That means less
competition and fewer options until the airline can gain FAA
approval, which is now delayed.
Federal inspectors were not being paid, reducing the amount
of oversight of the industry. Hiring new pilots into the
workforce and promoting existing pilots was also frozen since
the FAA was not able to process the required checks nor issue
new pilot certificates. This is particularly harmful to the
regional airlines, who are having workforce issues.
I endorse everything Mr. Rinaldi said. I cannot say it any
better about the impact on the air traffic controllers.
Just a couple more overt impacts that are not that visible
to the public. New planes were not able to be put into service.
Collaborative planning for the summer season, which takes place
every year and is critically important to how we handle
convective issues in the summer, just like snow in the winter,
has not taken place and is behind schedule. We will feel the
impact of that come this summer. We won't realize it has
happened because of the shutdown.
So with that, I am going to move on and just say, in
closing, we have talked about NextGen. The start and stop on
NextGen is considerable. Every time the Government shuts down,
we have to turn off these projects. It has a real impact, and
it is cumulative over the years, and you cannot make up. You
cannot just flick the switch back on. This most recent
shutdown? It is over one-twelfth of the entire year.
So again, Mr. Chairman, members of this committee, we
cannot allow this to happen again. We have got a $6 billion
trust fund. The money gets paid into that trust fund whether
the Government is operating or not. We ought to move forward
and find a solution to this. Your legislation is a start. A4A
will support any solution that works so that we do not have to
worry about another shutdown.
Thank you for your time.
[The prepared statement of Mr. Calio follows:]
Prepared Statement of Nicholas E. Calio, President and Chief Executive
Officer, Airlines for America (A4A)
Airlines for America appreciates the opportunity to testify today
on the impacts of the most recent partial Federal shutdown. On behalf
of our member companies, I first would like to acknowledge and
sincerely thank the dedicated employees at the Department of
Transportation (DOT), the Federal Aviation Administration (FAA), the
Department of Homeland Security (DHS), the Transportation Security
Administration (TSA) and the U.S. Customs and Border Protection (CBP).
Despite significant and prolonged hardship, they kept our aviation
system operating safely and minimized disruption. We are extremely
thankful for their efforts and desperately hopeful that neither their
professionalism nor their livelihoods will be unnecessarily put to the
test again just 2 short days from now.
Chairman DeFazio and subcommittee Chairman Larsen, I also would
like to specifically thank you for your leadership in trying to find
solutions that would alleviate many of the impacts felt by the aviation
community and the traveling and shipping public. Your most recent
legislation (H.R. 1108) and your past efforts to redirect diverted TSA
revenues are greatly appreciated. Moving ahead, we look forward to
working with you to find collaborative and practical solutions that
effectively address shutdown related impacts.
Additionally, I would like to recognize Secretary Elaine L. Chao of
the DOT and Acting Administrator Dan Elwell of the FAA for their
leadership. Their decision to call back safety professionals who would
have otherwise remained furloughed, was critical to the operational
needs of the U.S. aviation industry and, more importantly, the needs of
the traveling and shipping public who sustain it.
shutdown background and impacts
This committee knows that shutdowns are not new, and they are not a
rare phenomenon. In just the past decade, the FAA has been subjected to
several partial or Governmentwide budget reductions and shutdowns.
In July 2011, the lapse in FAA's authorization caused the
FAA to stop work on numerous projects including NextGen modernization
projects.
In April 2013, the Governmentwide sequester caused the
FAA to furlough air traffic controllers resulting in massive delays
throughout the ATC system and the cancellation of hundreds of flights,
impacting hundreds of thousands of passengers.
In October 2013, the Government shutdown resulted in
additional FAA employee furloughs.
The airline industry relies upon the FAA to provide critical safety
and operational oversight through approvals of appropriate operational
and maintenance specifications. The recent shutdown impacted A4A member
airlines in several operational areas from complying with new safety
requirements, bringing new aircraft into operation, approvals for new
service, flight crewmember certification and checks, training, and the
longer term planning for operations and Air Traffic Management
modernization. While not exhaustive, below is a compilation of some of
the impacts of the most recent shutdown. These examples primarily focus
on the short-term immediate impact of the shutdown, but the
ramifications of the shutdown, compounded by previous shutdowns, will
have dramatic and unforeseen repercussions in the long term.
New Operations--The shutdown resulted in the delay of new
authorizations necessary for expanded service. As an example, the lack
of FAA approvals has adversely impacted the ability of one carrier to
initiate a new extended overwater (ETOPS) route.
Aircraft Deliveries/Adding New Aircraft to Operations
Specifications (OpSpecs)--The inability to obtain FAA approval for
bringing new aircraft on-line delayed member airlines' ability to serve
customers with new aircraft offerings, and the associated improvements
in operational efficiencies, reduced environmental impacts and
introduction of advanced technology.
Severe Weather Planning/Operational Collaboration--Based
on the commitment by the FAA staff, the shutdown did not, for the most
part, adversely affect the Agency and aviation community daily efforts
to coordinate the effective allocation of National Airspace System
resources. However, operational reviews of what could be done
differently did not occur.
Looking ahead, we are concerned that the planning
process essential for responses to the summer season did not begin.
This delays the foundational planning needed to address convective
weather that impairs spring/summer operations based on analysis of
strategies from last year. It also delays much needed reports and
planning associated with the status of staffing, evaluating impacts and
timing of new routes as well as new training requirements. Rollout to
the stakeholders and the training process are significantly delayed.
The longer term effects of the shutdown may compound
significant concerns about staffing and experience levels in key
facilities, especially the Northeast Corridor. Our member carriers are
warning that this could be a really bad summer for delays.
Training Programs Enhancing Safety--Airlines were unable
to receive FAA approvals for revisions to training programs, including
complying with new FAA requirements such as Pilot Extended Envelope
Training. This training is designed to improve the ability of pilots to
address aircraft stall recognition and recovery.
Airworthiness Directives (ADs)--Members of A4A were
unable to complete certain ADs due to the inability to obtain FAA
approvals for associated revisions to maintenance programs.
Voluntary Safety Reporting--The disposition of voluntary
safety reports under the Airline Safety Action Program (ASAP) was
curtailed in cases where FAA participation was prohibited. ASAP
enhances aviation safety through the prevention of accidents and
incidents by encouraging voluntary reporting of safety issues and
events that come to the attention of airline employees. ASAP is based
on a safety partnership that includes the FAA and the airline
certificate holder as well as the employee's labor organization.
Without the participation of the FAA's representative, this program was
limited in its ability to fully function and address safety concerns
within the NAS.
Automatic Dependent Surveillance-Broadcast (ADS-B)
Equipage--The FAA was unable to approve Supplemental Type Certificates
necessary to complete the updating of aircraft to meet the pending
requirement for ADS-B equipage. The industry is on a robust initiative
to install equipage to meet the FAA January 2020 mandate. Likewise,
airlines were unable to gain FAA approval for associated OpSpecs.
NextGen--Air Traffic Control modernization efforts--
Because this is both a planning and implementation initiative, the
shutdown has impacted near-term improvements and longer term
implementations being supported by the industry essentially halting the
development and operational testing of technologies for NextGen.
The shutdown is jeopardizing the improvements in the
aviation system--capacity increases, predictability for passengers,
reduction in flight times, decreases in emissions from the FAA
investments of $20B and the industry's comparable investments. It is
directly impacting new technologies for traditional aviation and new
users like commercial space and drones, U.S. global aviation
leadership, and the path for leveraging new satellite systems that will
improve safety.
The improvements in the Northeast Corridor, central to
recent efforts by the NextGen Advisory Committee, are in jeopardy as a
result of the shutdown. We face the potential of the FAA not being able
to deliver on commitments of more effective and efficient metering of
aircraft at Newark and LaGuardia Airports. There is doubt about the
promised anticipated improvements in procedures along with pending
improvement to high-altitude routes in question because of delays in
EnRoute DataComm that are driven by operational band width of FAA
facilities.
conclusions and solutions
We are here as an industry and stakeholder community representing
more than 7 percent of the U.S. gross domestic product, $1.5 trillion
of economic impact, and more than 11.5 million jobs. We are here today
to help develop, discuss and expeditiously implement or enact practical
and agreeable solutions that will alleviate future shutdown scenarios.
Having many years of experience in Washington, I have witnessed a
number of shutdowns in various forms and circumstances. They all have
some common threads. They quickly expose the critical role our
Government professionals play in many aspects of our lives that we
simply take for granted as standard operating procedure. They are
unnecessary. And they are avoidable. This is especially relevant and
applicable when it comes to our Federal aviation assets and workforces,
which are all supported in one form or another by directs taxes or fees
collected from the industries they regulate or oversee.
We are in no manner downplaying the critical role of other
Government agencies or employees impacted by the shutdown; what we do
believe is that unique nature and funding structure of our aviation
system should allow for efficient and effective budgetary contingency
plans that would allow the FAA, TSA, and CBP to temporarily operate
normally during a shutdown caused by lack of funding.
The most recent shutdown was quickly approaching an unsustainable
and detrimental level, as was evidenced by the flight delays on the
east coast and reports that a growing number of TSA officers resigned
because of financial hardships due to the shutdown and a lack of pay on
the day that shutdown ended.
As the pressures and strains on the system documented above are
exacerbated by yet another oncoming shutdown this weekend, I predict we
will quickly reach an unsustainable point in our system. We will, if we
have not already, cause decades of both human and economic consequences
that will hamper not only the potential of our system but also the
capacity to operate in it--all to the detriment of the traveling and
shipping public.
We implore all involved, please heed not only our warnings but the
entire stakeholder community's warnings. This vicious budgetary cycle
of stops and starts with little to no stability or predictably has
simply got to stop. The traveling and shipping public and the dedicated
Federal employees who protect and maintain our Nation's aviation system
deserve continuity.
We appreciate the opportunity to testify and look forward
to any questions. Thank you.
Mr. Larsen. Thank you, Mr. Calio.
I now recognize for 5 minutes Sara Nelson.
Ms. Nelson?
Ms. Nelson. Thank you, Chairman Larsen, Chairman DeFazio,
Ranking Member Graves, and Ranking Member Graves, for the
opportunity to testify on the impact of the longest Government
shutdown in our history. My name is Sara Nelson, international
president of the Association of Flight Attendants, representing
nearly 50,000 of aviation's first responders at 20 airlines.
Just last week I attended my annual safety and security
training required for my qualifications as a certified flight
attendant. And rule number one when performing safety-sensitive
work is to remove all distractions and focus. Flight attendants
artfully complete safety tasks, shifting on a moment's notice
from the emotional intelligence our job requires to the total
focus it takes to perform safety and security duties.
And we should talk about addressing the inadequate FAA
minimum staffing regulations currently in place once we know
our industry is on safe ground. Today, though, we must focus on
the distractions created by the shutdown and the impact it had
on running a safe and secure system.
For decades, those who want to privatize every Government
program have vilified Government workers as nameless, faceless
bureaucrats. But the truth is these are the people who keep us
safe. They are the people who live and work in our communities.
If they cannot do their job, flight attendants cannot do our
job. And no one gets out of this unscathed because aviation is
what connects and moves our entire economy. This is about our
safety, our security, and our jobs.
Shutdowns are never good. Our current experience is
unprecedented. We can never allow it to happen again. Picture
this: Airline pilots typically maintain what they call a
``sterile cockpit'' during takeoff and landing, when no
communication is permitted between the cabin and the flight
deck. This is to allow pilots to focus on the most difficult
and task-intensive parts of the flight.
But during the shutdown, some pilots briefed flight
attendants that there would be no sterile cockpit on their
flight. They were so concerned that the shutdown had
compromised security screening that they felt they needed to
alter safety procedures so they could be informed immediately
if there was a security issue in the cabin.
Air travel is a fully integrated operation that relies on
Government and private industry working together. When any link
in this chain breaks down, the whole system suffers. We still
feel the shock and horror of losing our flying partners because
of gaps in security. We never shake that grief, nor the loss we
have experienced for years with furloughs and bankruptcies.
Safety and security is nonnegotiable. It is critical that
Washington stop the threat of day 36 and take steps to ensure
this never happens again. We hope that does happen this week.
AFA fully supports the proposed Aviation Funding Stability
Act of 2019. This legislation makes sense because there is
absolutely no argument to close the Government when funding
exists, specifically related to the functions of the FAA. And
we urge immediate action on this along with all of our
colleagues.
Still, we have seen that aviation relies on many areas of
Government to keep us safe. We call on lawmakers to ensure
Government workers are never locked out again. We also worked
with this committee to lock in the FAA Reauthorization Act of
2018, including critical issues that matter for safety of
flight attendants, pilots, and our passengers.
The shutdown stopped implementation of this bill. Flight
attendant fatigue exists today. The bill includes improved
rest, along with implementation of a fatigue risk management
plan, to close this safety loophole.
Evacuation standards for certification of aircraft do not
take into consideration the current cabin environment for safe
evacuations. Secondary cockpit barriers are required to be
installed on all new aircraft to help thwart an attempt to
breach the flight deck and end the absurd policy of expecting
flight attendants to serve as that physical barrier.
The bill addresses these issues, too, along with sexual
assault prevention, reporting, and response, among hundreds of
other safety initiatives. Again, none of this has been
implemented, and the shutdown made it impossible to move
forward with accountability.
Flight attendants started to experience the economic impact
of the shutdown, as did our communities. For example, delaying
the Paine Field opening to commercial traffic caused flight
attendants to lose flying, lose pay, and the same is true for
pilots and other workers.
In addition, the economic impact to Everett includes
cancellation of over 600 crew room overnights in hotels. This
also means other travelers are not staying in those hotels,
eating at nearby restaurants, using transportation, or
otherwise spending in the community. Many airlines' flights
were canceled because the FAA could not sign off on delivery of
aircraft, more work lost.
This was the tip of the iceberg, though. Eleven million
Americans who do work related to our industry were in jeopardy.
This hampered our ability to compete with the world, and it
created damage that may last for years.
There is bipartisan support to keep the Government open
with stable, long-term funding. Americans overwhelmingly
support this. If Washington will not put an end to this crisis,
we will take action to save lives and protect U.S. aviation.
I would be happy to answer any questions. Thank you again.
[The prepared statement of Ms. Nelson follows:]
Prepared Statement of Sara Nelson, International President, Association
of Flight Attendants--CWA, AFL-CIO
Thank you Chairman DeFazio, Chairman Larsen, Ranking Member Sam
Graves, and Ranking Member Garret Graves for the opportunity to testify
on the impact of the longest Government shutdown in our history. My
name is Sara Nelson, international president of the Association of
Flight Attendants--CWA, AFL-CIO (AFA), representing nearly 50,000 of
aviation's first responders at 20 airlines.
Last week I attended my annual safety and security training
required for my qualifications as a certified Flight Attendant. Rule
No. 1 when performing safety-sensitive work: remove all distractions
and focus. Shutdowns are never good. Our current experience is
unprecedented. Almost 2 million workers were locked out or forced to
work without pay for more than a month. Others have been going to work
when our workspace is increasingly unsafe. The entire airline industry
is in jeopardy. No one will get out of this unscathed because aviation
is what connects and moves our entire economy. Lawmakers and people in
Government know that. Yet somehow, we are here discussing the 35-day
nightmare for Federal workers and those of us who count on them to keep
us safe.
Picture this. Airline pilots typically maintain what they call a
``sterile cockpit'' during takeoff and landing, when no communication
is permitted between the cabin and flightdeck. This is to allow pilots
to focus on the most difficult, and task-intensive, parts of the
flight. But during the recent Government shutdown--the longest in our
Nation's history--some pilots briefed flight attendants that there
would be no sterile cockpit on their flight. They were so concerned
that the shutdown had compromised security screening, that they felt
the need to alter safety procedures so that they could be informed
immediately if there was a security issue in the cabin.
This is just one of the many chilling stories I heard in recent
weeks from flight attendants and the pilots we fly with. The shutdown
put our lives and livelihoods in danger, risked the safety of everyone
who flies, and threatened our entire economy.
Many Americans breathed a sigh of relief when the shutdown ended,
assuming that the crisis had passed. But things will only get worse if
the shutdown continues into day 36 on February 16.
Flight attendants are not Federal workers, and people have asked
why we are so outspoken on this shutdown. It's simple: aviation doesn't
work without Federal workers. Air travel is a fully integrated
operation that relies on Government and private industry working
together. When any link in this chain breaks down, the whole system
suffers. We still feel the shock and horror of losing our flying
partners because of gaps in security. We never shake that grief, nor
the pain we experienced with furloughs and bankruptcies that erased
retirement security, required us to work harder for less, and spurred
many stories of personal loss.
We need air traffic controllers to be fully rested and able to
focus on their jobs, not worried about losing their homes. We need
transportation security officers tuned in to their morning briefing,
not wondering if the food pantry will still be stocked when he gets off
his shift. We need the intelligence community on the job to identify
threats and stop them, not worrying about the means to care for their
own kids. We need the Coast Guard flying out over our waters with full
view of what's ahead, not just over our borders to serve as the last
line of defense.
Safety and security is nonnegotiable. It is critical that
Washington stop the threat of a day 36 and take steps to ensure this
never happens again. AFA fully supports the proposed Aviation Funding
Stability Act of 2019 which would allow the FAA to keep all of its
programs running and all of its employees working by drawing from the
Airports and Airways Trust Fund during any lapse in typical Government
appropriations. This legislation makes sense because there's absolutely
no argument to close Government when funding exists specifically
related to the functions of the FAA. Still, we've all seen that
aviation relies on many areas of Government to keeping flying safe:
DHS, DOT, CBP, State, Justice, FEMA, FDA, EPA. We call on all lawmakers
to ensure Government workers are never locked out again.
If the shutdown continues, we won't know when or where problems may
happen. That's why my union, along with other aviation unions, warned
that the risk to aviation posed by the shutdown could not even be
measured. Because of the disruption of key Federal systems that support
the operation of the airline industry, air travel could be disrupted at
any time, anywhere--and that's not even counting the damage if there's
a serious incident.
Flight attendants are aviation's first responders and the last line
of defense for aviation safety and security. We take our responsibility
seriously. That's why, through our unions, we've fought to ban smoking
on planes, to keep knives out of the cabin, and so much more. Now, we
are once again standing up for safety and security.
We also worked with this committee to achieve long-term
authorization for aviation to improve further upon, outside of this
current environment, the safest transportation system in the world. The
FAA Reauthorization Act of 2018 included critical issues that matter
for the safety of flight attendants, pilot, and passengers. Flight
attendant fatigue exists today. The bill includes improves rest along
with implementation of a Fatigue Risk Management Plan to close this
safety loophole. Evacuation standards for certification of aircraft do
not take into consideration the current cabin environment for safe
evacuation. Secondary cockpit barriers are required to be installed on
all new aircraft to help thwart an attempt to breach the flight deck
and end the absurd policy of expecting flight attendants to serve as
that physical barrier. The bill addresses these issues too, along with
sexual assault prevention, reporting and response--among hundreds of
other safety initiatives. None of these things have been implemented
though and the shutdown made it impossible to move forward with
accountability.
Flight attendants started to experience the economic impact of the
shutdown, as did our communities. Airlines had scheduled flight to a
new commercial destination, Paine Field (PAE), as of February 4, 2019.
Horizon flight attendants had schedules reflecting this flying in
February, but this work is now canceled. Flight Attendants who had PAE
flying were given the options to sit reserve or take time off without
pay. Monthly guarantees were reduced. The company stated in a memo to
AFA that there would be a negative financial impact on affected Flight
Attendants when there isn't any open time to replace the removed
flying. While AFA is disputing the lack of pay protection, the
immediate impact is felt by these flight attendants.
In addition to the lost wages and per diem to the Horizon Flight
Attendants, the economic impact to Everett includes cancellation of
over 600 crew overnight hotel rooms. The total lost revenue to the
Everett community is unknown as other travelers also aren't staying in
these hotels, eating at nearby restaurants, using transportation, or
otherwise spending in the community.
At other airlines halted approval aircraft caused canceled flights
and less work for flight attendants. This was the tip of the iceberg.
If air traffic controllers who are eligible to retire decide that is
the only option they have to provide for their families, a significant
portion of airline capacity will be grounded. This will result in
massive layoffs for flight attendants and directly harm the 11 million
Americans who do work related to our industry. It will hamper our
ability to compete with the world and it may create damage that lasts
years. The consequences for all of our communities is enormous.
closing
There are serious issues we need to debate as a country, but our
democracy and economy only work when the basic functions of our
Government are in place. It is immoral to put American lives in danger
with reckless political games. We cannot allow our airline industry to
be decimated by continue the shutdown for day 36 and beyond.
There is bipartisan support to keep the Government open with
stable, long-term funding. Americans overwhelmingly support this
solution.
As I close, I must leave you with this: if Congress ignores the
will of the American people and takes us to day 36 of the shutdown,
flight attendants will not risk the lives of our colleagues and our
passengers.
We have a duty to protect ourselves and the American people from
danger. Working people have power when we come together. If Congress
chooses the chaos of a continued lockout, we will use that power. If
Congress will not put an end to this crisis, we will take action to
save lives and protect U.S. aviation.
I would be happy to answer any questions.
Mr. Larsen. Thank you, Ms. Nelson.
I now turn to Mr. Peter Bunce, and recognize you for 5
minutes.
Mr. Bunce. Chairman Larsen, Ranking Member Graves, Chairman
DeFazio, and Ranking Member Graves, thanks for having me here
today. For those Members that are new to the subcommittee, GAMA
represents those that make the actual aircraft itself--the
engines, the avionics, large maintenance, repair, overhaul
facilities, and training providers. And we are a global
association.
If you look at what we have done over the last 10 years,
working very hand-in-hand with our colleagues, Mr. Perrone's
organization, along with this committee, we have implemented
certification reform that, without, would have absolutely
devastated our industry during this shutdown.
So we are very thankful for the cooperative way we have
worked with this. And I want to just echo what my colleagues
here have said at the table. The legislation that has been put
forward with the Aviation Funding Stability Act is something
that has united the industry that I have not seen in the time
that I have been at the association. And the only reason that
we only had forty logos on the letter that you saw yesterday
was just we did not have time--we wanted to get it out before
this hearing, because there would have been many more. So you
have universal support for this legislation going forward.
Now, because we had the certification reform, we were able
to still function during the shutdown. But that does not mean
that it did not have significant impact to the manufacturers
and maintenance providers. And I want to give you just two
quick examples, and I will use one from Louisiana.
So you have a rotorcraft company that provides emergency
medical support throughout the Nation. And in fact, here in
Washington, DC, those that we hear in the Life Flight
helicopters were provided by this company. They do
supplemental-type certificate modifications to these aircraft
so that they can go ahead and do it.
They were stalled. They were not able to get these aircraft
to market. You have to make bets, as a manufacturer or a
supplier, that you are going to be able to deliver product to
your customer on time; if you do not, you default on those
contracts. So that has significant impact, and it ripples
through the system.
Another example in Washington State: In the central part or
western part of the State, we have a manufacturer making small
aircraft. In fact, it is still fabric-covered. And the impact
on them was cascading all during the shutdown. So they could
not move airplanes that were already produced off the ramp to
foreign buyers that bought the aircraft because validations all
have to go through the FAA, and they were all stalled.
When they go and they make an aircraft and they drill a
hole, if the hole is mis-drilled and it is a little bit larger,
then you have a deviation from the type design and you have to
get permission from the FAA to put a bigger rivet in it. That
is how highly regulated our industry is, like no other. And so
you have ripple effects all throughout the system.
So during the shutdown, we had very open lines of
communication to the FAA leadership. And I just want to echo
what my colleagues have said. Acting Administrator Elwell, Ali
Bahrami, who runs the safety division, Teri Bristol on the air
traffic control side, and up to Secretary Chao, they did
everything within the limits of the law to be able to listen to
us, and tried to mitigate as best they could.
But all of these effects were compounding. So when you go
into a shutdown or start planning for it, and that happened
this week, all of a sudden the activity starts to slow down
because they have got to get ready for the shutdown. And then
once the shutdown is over with, our calculation, which is borne
out with the previous shutdown that Ranking Member Graves
mentioned, is usually about 3 to 4 weeks for every 1 week of
shutdown because you are not just having to clean out your
inbox. You have got to keep pace of this increasing amount of
activity that is coming at Mr. Perrone's people.
So the safety part of the FAA--we as manufacturers, a lot
of us fly in the system and we touch Mr. Rinaldi's people all
the time. And the selfless performance they did during the
shutdown is so much appreciated. But Mr. Perrone's folks are,
for us as manufacturers and maintenance providers and training
providers, they are the unsung heroes because they sit there
and they allow us, with the safety oversight that permeates
every single thing that we do. And without them to be able to
approve each and every part of the process, the system starts
to break down and the recovery becomes very long.
So now moving forward, it is very important for us as
manufacturers to implement what you all did last year in the
2018 FAA Reauthorization Act. There continues to be significant
reforms out there in certification, and we had a lot of lessons
learned during this shutdown.
We learned that delegated authorities, or ODAs, that are
managed in one part of the country are not managed the same in
others. So there are a lot of things that we will be able to
capture. But I would ask this committee, as we move forward,
these reforms are important and we need to keep them online
because we have tremendous new equipment coming into the
system. A lot of attention is paid to commercial drones, but we
have got on-demand air mobility coming very quickly. In
commercial space, we are going to see launches this year on
significant commercial space operations.
So we need to make sure that the pressure remains and the
oversight maintains on the FAA to be able to go and drive last
year's reforms across the goal line. Thank you.
[The prepared statement of Mr. Bunce follows:]
Prepared Statement of Peter J. Bunce, President and Chief Executive
Officer, General Aviation Manufacturers Association
Thank you, Chairman Larsen and Ranking Member Graves. My name is
Pete Bunce and I am president and CEO of the General Aviation
Manufacturers Association (GAMA). On behalf of GAMA and over 100 of our
member companies, we look forward to working with you and the members
of the House Aviation Subcommittee in the 116th Congress on key
aviation items. We also look forward to working with House
Transportation and Infrastructure Committee Chairman Peter DeFazio and
Ranking Member Sam Graves and the membership of the committee at large.
Thank you for convening this hearing today which will be vital to
understanding the short- and long-term impact of the recent partial
Government shutdown on the Federal Aviation Administration (FAA) and
the aviation industry, and how best to recover from it.
GAMA exists to foster and advance the general welfare, safety,
interests, and activities of the global general and business aviation
industry. This includes promoting a better understanding of general
aviation manufacturing, maintenance, repair, and overhaul and training
and the important role these industry segments play in economic growth
and opportunity, and in facilitating the critical transportation needs
of communities, businesses, and individuals. The general aviation
industry provides $219 billion in economic output overall to the U.S.
economy and employs over 1.1 million people.\1\
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\1\ Contributions of General Aviation to the US Economy in 2013,
PricewaterhouseCoopers, February 11, 2015.
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I appreciate the opportunity to speak about the impact of the
shutdown on aviation manufacturing. However, I also want to make it
clear that GAMA recognizes that these impacts go far beyond our
critical part of the aviation industry. We appreciate and respect the
work of all Federal employees, especially those working to promote the
safety, security and economic health of the aviation system, and
realize how difficult this recent period has been for the Federal
workforce and those who contract and partner with the Federal
Government. Our industry is one which relies on the professionalism,
focus, and success of all aviation employees, both public and private
sector. The U.S. aviation system is an extremely complex and
interconnected one which provides the highest levels of safety and the
largest and most robust air services network in the world--when
significant stress is imposed on one part of this interdependent
system, there is negative impact on all.
I also want to recognize the great work of the House Transportation
and Infrastructure Committee in enacting a 5-year FAA Reauthorization
bill into law last year (P.L. 115-254). The law was rightly hailed at
the time as providing needed stability and direction for the FAA and
the aviation system and community. This recent shutdown was a challenge
to that premise and we hope the subcommittee will work with us, FAA,
and DOT to recover and move forward on critical initiatives which seek
to strengthen and improve the efficiency of our national aviation
safety system and enable continued growth and development of new
aircraft and technologies. From GAMA's member companies' perspective,
the certification reforms pushed by Congress and being implemented by
FAA and industry have had a positive impact on safety oversight and
industry health during normal operations, but also mitigated some of
the debilitating impacts in this shutdown. Congressional leadership and
oversight have been critical to the progress we have collectively made
since 2012 and those efforts need to continue and be strengthened.
We also ask the administration and Congress to act in a bipartisan
way to make certain that we do not have another shutdown--either a
partial one in the next few days or in the future. Either scenario will
have extremely harmful effects to the aviation industry. Recovering
from the recent Government closure will be both lengthy and
complicated, and any subsequent shutdown of the FAA will multiply these
negative impacts on small businesses, the economy, and safety. The
strength of aviation manufacturing's economic contribution is dependent
on a fully operating and functioning FAA being able to undertake
certification, maintenance, pilot training, and other regulatory
actions and approvals in order to bring aircraft, engines, avionics,
and other new technologies and products to the U.S. and global
marketplace and to properly maintain the existing fleet.
For this reason, we applaud the leadership of Chairman DeFazio and
Ranking Member Larsen and vigorously support the Aviation Funding and
Stability Act of 2019 (H.R. 1108). GAMA is joined by numerous other
aviation stakeholders in support of this legislation, including many in
the general aviation community. The purpose of this legislation is
simple--to enable the FAA to leverage and temporarily draw from the
Airport and Airway Trust fund in the event of a future Government
shutdown. If enacted, H.R. 1108 would provide targeted stability for
the aviation system to function, including air traffic and critical
elements of aviation safety--which includes certification, maintenance,
and training--while ensuring congressional oversight. We look forward
to working with members of this committee, and other stakeholders who
share jurisdiction, in a bipartisan way to advance the Aviation Funding
and Stability Act of 2019 in the near term and mitigate the
consequences of any future Government shutdown on the FAA.
the shutdown's impact on aviation manufacturing, maintenance, and
training
Aircraft Certification
By way of background, the FAA Certification process is structured
to establish, demonstrate, and verify compliance with safety standards
for design, manufacturing and performance of aircraft as well as to
monitor and sustain the safety of aircraft once in service. During the
shutdown, many GAMA member companies could not deliver products or were
forced to stop development of new products or technologies because FAA
personnel were unable to perform key certification activities. This
halted the FAA review of design approvals, flight tests, development of
new or revised policy/guidance, and approval of issue papers that are
critical to establishing requirements for aircraft and other product
certification.
Manufacturers could not start any new certification projects other
than routine minor FAA pre-approved activities. This was particularly
difficult and harmful for small businesses, who rely on an ongoing
stream of new business activities and their ability to innovate and
attract new customers. Before any new certification project can start,
including development of a new and improved component or part, upgraded
software, or cabin modification, FAA must first establish the
applicable airworthiness requirements and approve the certification
plan on how the manufacturer will show compliance.
Whenever there is a technical issue such as a new design feature or
means of compliance, it requires FAA to approve an `issue paper' that
needs to be processed across many different engineering, standards and
policy offices. Several GAMA member small businesses were hit
particularly hard by the shutdown because they simply could not
continue their business without FAA coordination and were forced to
make very difficult and significant business choices, because they
could not predict when FAA might be available to resume their
activities or if FAA would accept any of the work activity they
completed. Manufacturers and their FAA Aircraft Certification offices
were able to manage these effects somewhat through advance planning of
ongoing and upcoming projects prior to the shutdown and by utilizing,
when available, delegation systems and authorities.
Validation and Global Leadership
Aviation is a global industry. Once an aviation product is approved
by the FAA, this product must also be validated or accepted by foreign
aviation authorities to enable export of U.S. manufactured aircraft and
equipment. Likewise, for import of aircraft, many of which contain
significant U.S. content, and components approved by non-U.S.
authorities, FAA must validate their certification design approvals.
During the shutdown, all validation programs between the FAA and other
international aviation authorities were halted. As a result, the export
and import of aviation products was negatively impacted. This not only
affected some current deliveries, but there are potentially months of
delay to many validation programs with significant impact on aircraft
deliveries that could ripple throughout the aviation system of
suppliers, operators, training and maintenance providers.
Additionally, key international meetings critical to establishing
global standards and enabling industry growth and exports were canceled
or took place without FAA participation, diminishing FAA and U.S.
leadership in the international arena.
Operating Authorizations
Following the delivery of an aircraft, an operator must also obtain
the FAA's authorization to operate that aircraft. During the shutdown,
these authorizations for general aviation aircraft were halted. The FAA
also authorizes specific functions for an operator to use such as
allowing data link communication, Performance-based Navigation (PBN),
and Electronic Flight Bags. These authorizations were stopped as well,
limiting the efficiency and use of improved technology and procedures
by operators and their aircraft.
Repair Stations and Recurrent Certification
FAA also regulates and oversees the work done on aircraft and other
products at maintenance and repair organizations. This includes the
need for periodic, mandatory certification which were threatened given
the agency could not perform needed safety inspections. At the same
time, FAA could not inspect or certify repair station certificates for
initial issuance, transfer, or approval for changes to grow their
businesses.
By example, one company planned to open a new facility after the
holiday break. They had moved all their personnel and equipment and
completely vacated their old facility. The new facility could not open
because FAA was not able to perform an inspection which hampered the
facility's operations and planned new hiring.
Training
Another important part of the broader aviation safety system is
those who provide training. During the recent shutdown, the GAMA member
flight training providers found that the FAA was unable to approve
training manual revisions, authorize training center evaluators, and
qualify flight simulators.
Without these approvals, training centers could not provide
required training for pilots and this delay will likely be felt through
the spring as operators and training centers work to make up a backlog
of rescheduled training events that had to be canceled.
For most businesses, it is not just one issue they faced during the
shutdown but multiple ones. For instance, a small company in Washington
State was unable to get FAA concurrence for any production changes that
fall outside limited parameters. These kind of changes occur on a
regular basis for this and other businesses. Additionally, this
particular company has made significant investment in new product
development and is seeking a new Type Certificate and several Type
Certificate Amendments, each viewed as vital to maintaining their
competitiveness, which were each impacted. Moreover, they also have
applications for type certificate validations in several countries and
the shutdown significantly affected the company's ability to move into
new markets. As a result, this small company is left with new
challenges in an already competitive and difficult global marketplace
coupled with the threat of more uncertainty.
Another example can be found in family owned Emergency Medical
Service (EMS) aircraft operator and helicopter completion center that
employs nearly 1,000 aviation professionals, 250 of whom reside in the
State of Louisiana where they are headquartered. This privately held
company also serves as a training provider for 140 EMS aircraft in 25
States, plus the District of Columbia, that provide a critical link for
rural healthcare delivery and a vital lifeline in times of emergency.
Due to the Government shutdown, this company was unable to complete
delivery of at least four helicopters contracted to be placed in
service as EMS Medevac helicopters. These deliveries are dependent upon
the issuance of a Supplemental Type Certificate (STC) from the FAA for
a Single Pilot Instrument Flight Rule (SPIFR) equipment installation.
FAA was scheduled to begin ground and flight testing in December, but
these were postponed due to a 1-day observance honoring the passing of
former President George H.W. Bush and, unfortunately, rescheduled to
early January. That testing did not take place due to the shutdown and
still has not been completed.
The resulting impact of not receiving this STC in a timely manner
forced the company to default on contracts and not provide their new
technology for lifesaving activities. A version of this story was
repeated many times during the shutdown for other life-saving vehicles
given the lack of FAA Flight Standards field personnel to provide pilot
check airmen certifications, route checks, and, approvals for
modifications.
In detailing these impacts, it is obvious there is a compounding
and cascading effect of the shutdown on the overall aviation sector. At
every point, whether it was certifying or modifying products,
maintaining and repairing aircraft and systems, keeping the training
and approval system for new and existing pilots on schedule, or the
ability of operators to put into service and maintain new aircraft, the
health and vitality of U.S. aviation manufacturing and the overall
aviation system was weakened.
aviation and manufacturing industry recovery
During the shutdown, GAMA continually surveyed our member companies
to inquire about impacts and timelines for recovery. We received weekly
assessments of shutdown impacts and ascertained that for each week the
shutdown continued, there would be a 3- to 4-week impact on aircraft
and product certification programs. This calculation is consistent with
what GAMA member companies reported during previous closures of the
FAA, though specific impacts depend on how far a company program is
into the certification process and the extent of their delegated
authorities. The extended length of residual shutdown impact is due to
the backlog of tasks that only FAA can perform. While FAA certification
offices are working to address this backlog, the day to day pace of
manufacturing and maintenance activities accompanied by the start of
new projects that FAA must also support compounds and complicates the
recovery effort.
The Government shutdown will have a lingering negative impact upon
certification activities for the foreseeable future. As noted
previously, key activities, such as flight testing of new aircraft,
which require specific expertise and involvement by the FAA are tightly
scheduled. These activities are in continuous demand and losing over a
month of activity means that FAA personnel who were unable to do the
required flight test because of the Government closure need to be
integrated back into the flight test schedule. As a result, development
program timelines will be pushed significantly to the right. This is an
incredibly complex allocation of limited FAA resources and imposes a
burden for FAA management and its workforce to bear. Even under the
best circumstances, we anticipate disruptions will continue for months.
In order to work through the backlog of activities, it will be
important that FAA prioritize its system safety oversight activities
and focus its limited resources on safety critical activities and tasks
that only they can perform.
As with the other associations here today, we also worry about the
morale of Federal employees and the impact the Government closure has
had on the workforce. The inspectors, engineers, and leaders we work
with are skilled and talented and can look to alternative private
sector opportunities that are currently abundant. Retaining these
employees is critical to moving forward from a scenario they did not
create.
During both the shutdown and the reconstitution, we have worked
with Acting Administrator Dan Elwell and his leadership team to assess
the impact of Government closure limiting FAA activities for the
manufacturing and maintenance sector and identify opportunity for
mitigation. We greatly appreciate the fact that FAA leadership did what
they could within the limits of the law to identify available
flexibilities and correctly posture the safety directorate to maximize
productivity during the recovery phase. Unfortunately, the ability to
diminish impacts was limited but it did allow us to keep our membership
informed, address issues where possible, and help companies with their
post shutdown planning. This communication was also vital to ensuring
that FAA remained in its critical system safety oversight role.
Since the shutdown ended, we have worked to ensure FAA understands
the most prominent and immediate issues that have emerged from a GAMA
member company perspective and provided recommendations to help the
agency prioritize activities to move forward efficiently and
expeditiously.
We understand FAA's initial focus is on internal coordination
simply to restore operations, review ongoing activities, and develop
revised work plans and prioritize recovery initiatives. We have
suggested actions that will relieve administrative burdens and focus on
key efforts that will help FAA and industry return to normal activities
as soon as possible. One suggested mitigation that the agency
immediately acted upon was to extend designee and certification
authorizations that have expired or will soon expire, facilitating full
use of available delegation and bilateral agreements, and issuing the
required operational authorizations so that new aircraft can enter
service. These steps, and numerous others, will help both the FAA and
industry focus their resources on those tasks that only FAA can perform
such as: establishing certification basis, approving certification
plans and issue papers, reviewing flight manuals, and conducting safety
activities that cannot be delegated--rather than more routine tasks or
activities that others have authority to undertake.
impact on the faa reauthorization act of 2018
The passage of this law was a significant victory for the industry,
the economy, aviation safety, as well as the traveling public. When
talking about the bill last fall, we highlighted key provisions that we
believe need to be implemented fully, effectively, and in a timely
manner. The shutdown significantly set the timelines back while causing
economic damage to the aviation manufacturing industry. There will be
some in the bureaucracy that will want to use the shutdown as an excuse
not to aggressively implement the reforms contained in last year's FAA
reauthorization and we believe this underscores the important role
Congress will play in oversight of FAA's prioritization of activities.
Collectively, we have lost critical time because of this shutdown and
it impacts both existing efforts and those on the horizon.
Last week the Transportation and Infrastructure Committee held a
hearing focused on physical infrastructure which is critical to
advancing transportation and economic development in this country. The
success of aviation is also highly dependent on advancing and
modernizing the regulatory structure and air traffic control system.
Manufacturers large and small are developing incredible new
technologies to more efficiently handle current traffic and safely
integrate rapidly emerging entrants such as unmanned systems, electric
vertical take-off and landing vehicles, civil supersonic aircraft, and
commercial space vehicles.
The work this committee has accomplished, spurred on by its
leadership to advance certification and regulatory reform, will greatly
benefit these new markets and technological developments. These
reforms, coupled with substantial FAA progress on key initiatives in
the certification area, kept us functioning during the shutdown, but
also makes clear the vital need for implementation of the 2018 law as
we look toward the future of flight. I look forward to working with
this subcommittee and the broader membership of this committee and
Congress to prevent future shutdowns but also find ways to realize the
promise of these important reforms to benefit aviation in the present
and in the existing years ahead. Thank you, Chairman Larsen and Ranking
Member Graves for convening this important hearing and we look forward
to collectively working together to advance the safety and economic
potential of the manufacturing and maintenance sector, and the broader
aviation sector.
Mr. Larsen. Thank you, Mr. Bunce.
We will now move to questions. I will recognize myself for
5 minutes. I just want to make a point about Mr. Bunce's last
point. I hope one of our next hearings will be on U.S.
innovation in the airspace, and will include discussion of
these issues like air taxis and commercial space.
This committee needs to get more on top of those issues
because aviation in aerospace includes flying by an airplane
and flying in an airplane, but it is also beginning to include
much more--these issues of drones, of commercial space, of air
taxis. And we need to get on top of that. So appreciate you
bringing that up.
Mr. Rinaldi, according to your testimony, classes resumed
last week at the training academy in Oklahoma City. I say
``resumed'' because they were stopped during the recent
shutdown. Can you describe how the closure of the academy
affects the pipeline of new controllers and the ability to meet
hiring targets this year, or any year we have a shutdown, for
that matter?
Mr. Rinaldi. Thank you for the question, sir. Yes. There
are 22 classes up and running right now. Obviously, if we shut
down on Friday, they will all go home again. That is horribly
disruptive to the pipeline of getting controllers out to the
facilities and start that 3- to 5-year process of
apprenticeship.
There are limited spaces at the academy, and we are
concerned that the agency is not going to be able to meet their
hiring goal because it has been closed for 35--actually, it was
longer than 35 days. And another shutdown would just close that
pipeline for a long time.
Mr. Larsen. So can you then--let's move to another question
about retraining the controller workforce on DataComm, one of
the technologies. Why would there be a need to retrain that
workforce on DataComm when the FAA has already spent $8 million
on training? Why does that training need to be repeated?
Mr. Rinaldi. DataComm is new technology which is pretty
evasive, and they change the way that the controllers issue
clearances back and forth from the pilots. It is something that
needs to be fresh, and it is something you need to do every
day. It almost needs to become second nature.
So as we went through 35 days of not training, as we
approached the 45-day period, you have to do a full training
process because the implementation just will not be smooth.
Mr. Larsen. OK. Mr. Perrone, you mentioned with inspectors
and technicians and the delay for them, from your perspective,
is there any way for us to catch up or are we just going to
have to trundle our way through months before we get caught up
again?
Mr. Perrone. Thank you. Yes. The problem is, during that 35
days, as was said, the industry continued moving forward. They
continued to put aircraft in the pipeline. They continued to
make sure they did their part. Our inspectors were not working,
so they just had paperwork sitting on their desk, sitting in
the inbox.
After they came back to work, and I know they came back a
little earlier than the full 35 days, but they had to make up
for that time, plus every day there is new information out
there that they have to review. So it is going to take a long
time.
And this 3-week period of uncertainty--is the Government
going to shut down again? Is it not? The FAA had to move
priorities around. They were not sure what they needed to do,
and the industry had to let them know and work with them to
figure out what is next.
So that is the problem, is now, like somebody said, turning
on a switch back to work. Here we go. You continue to have the
day-to-day operation plus the 35-plus days that we were sitting
idle.
Mr. Larsen. Thank you.
Mr. Calio, can you provide the committee with additional
impacts to the airline industry during the shutdown? You
mentioned some airplane deliveries as an example. Are there
additional impacts?
Mr. Calio. Sure. There were airworthiness directives that
we could not get approved because the employees were not on the
job to do it. Again, there was NextGen. There were all--if you
look at how we fly, in trying to get online, we had planes that
needed to be recertified. Those couldn't get back online.
Again, there are so many hidden impacts that are detailed
in our written testimony. And those are the things we ought to
be focusing on to stop from happening again because if we all
agree, and I am the one who said it, you cannot just flip the
switch back on and make these things happen.
So what we were doing, Mr. Chairman, was monitoring our
airlines' short-term impacts, mid-term impacts, and long-term
impacts. We were piecing and patching, as was the FAA and DOT,
to try to ameliorate the short-term impacts. But as you look at
it, it grows down the line. The mid-term becomes longer, and
there's a buildup there, as Mr. Perrone said. And then the
long-term keeps up.
We are still suffering from 2013. And every time we add to
it, it is wrong, which is why the legislation that you have
introduced is so important.
Mr. Larsen. Thanks.
Ms. Nelson, other impacts of the shutdown, or any shutdown,
on flight attendants?
Ms. Nelson. Flight attendants know that we were on the edge
of facing a real disaster for our jobs. But more so, flight
attendants were expressing extraordinary concern about safety
and security. We have seen critical incidents, and we have seen
those who wish to do ill will. And in each of those cases, we
did not have any warning for it.
And what flight attendants were very aware of was that in
those instances, if we had known, we would have pulled our
friends off those flights. We would have told people not to go.
We would have done anything that we could to avoid those
situations. And they were saying to us, we have to act now
because now we see that there are these gaps. And we cannot
stand by and let something catastrophic happen when we know
that we are setting ourselves up for that.
Mr. Larsen. So you are kind of the first responder in the
aircraft, and you are the last to know in these circumstances?
Ms. Nelson. We count on all of these people to keep us
safe, to do their jobs. And when people come to the aircraft
door, we are that last line of defense, and we are the first
responder when something happens that goes wrong. But when we
have a break in the chain of all of the safety layers that have
to be in place to keep us safe, we are set up to fail. And we
were saying that that is unacceptable.
Mr. Larsen. Thank you.
Mr. Bunce, I will come back to you. I am sure others have
questions for you. But I appreciate your comments on ODA and
certification reform, so I would like to explore that a little
bit later.
But I will now turn to Mr. Graves for 5 minutes.
Mr. Graves of Louisiana. Thank you, Mr. Chairman.
Mr. Calio, I will ask you a question. A lot of discussion
in regard to the testimony has been focused on safety, which
obviously is an appropriate topic. Would your members fly
planes with passengers on board if they have viewed a threat to
safety?
Mr. Calio. Never. And the way our system operates, it is a
risk-based system. I think everybody on the panel would agree
that the shutdown did introduce more risk into the system
because some of the layers were missing in terms of oversight.
That said, what the FAA does is they--and Mr. Elwell said this,
Acting Administrator Elwell said this--what we will do is
compromise efficiency for safety. And you saw that at LaGuardia
finally, when it really--when the rubber really hit the road.
What they did was a ground stop because we will stretch the
flights out, stretch out the flight times, and provide less
flights. So less people fly. It's more inconvenient for
passengers and shippers. And it affects business. It affects
the economy. But never, never would we put a plane in the air
if we considered it to be unsafe.
Mr. Graves of Louisiana. Mr. Calio, thank you. And I really
wanted to emphasize that point because there were a lot of
comments on safety that were made. And I want to make sure that
we are being clear to the public, the flying public, that--
well, I made my comments opening up about the shutdown, and I
am not going to reiterate those. I think it is inexcusable,
what happened.
But I also think it is important that we do convey the
safety factors or I guess the lack of risk that existed during
the shutdown as a result of some of the efforts by the airlines
and others.
Mr. Rinaldi, you made mention, too, of an incident in
Philadelphia. I am disappointed the FAA is not here today, and
I am looking forward to having much more robust conversations
with them. Are you aware how much of that incident was a result
of a pilot versus the controllers?
Mr. Rinaldi. Well, that incident was the pilot lining up
for a taxiway that is parallel to the runway. Sometimes from
the cockpit it is very confusing. The equipment that I
mentioned gave the controllers a heads up that they were
outside the cone of the threshold of the runway, therefore
giving us an alert.
Mr. Graves of Louisiana. I just wanted to distinguish that
pilots certainly were not--their pay was not affected by the
shutdown. And if this was a pilot issue, then tying that back
to the shutdown perhaps is a tenuous connection. But I just
wanted to be clear.
Mr. Rinaldi. Well, the point of that in my testimony was
that equipment was deployed only at 6 airports, going to be at
13 additional airports if it was not for the shutdown, now
delayed to the end of June. That was the point of my testimony.
Mr. Graves of Louisiana. And Mr. Rinaldi, I think I share
with you, and probably everyone on the panel, strong concern
about the delayed implementation, the continued missed
milestones of NextGen, the cost overruns, and other things. I
know the full committee chairman has repeatedly made reference
to this; I think my favorite line is when you called it
``NeverGen.''
But this is a grave concern that we have, and something
that Chairman Larsen and I have briefly discussed and looked
forward to focusing on to help get that back on track and make
sure that the full scope of NextGen is implemented in an
appropriate timeframe and within an appropriate budget.
Another question: I mentioned earlier, and my math was
wrong; I just looked at it again. I said that there were a
number of shutdowns during the Carter administration. There
were actually five shutdowns totaling 66 days.
Does anyone--and I am not asking anybody to show their ID.
But anybody recall any impacts during those shutdowns, and
perhaps impacts on the aviation industry?
Mr. Rinaldi. For the Carter administration? I was in high
school.
[Laughter.]
Mr. Calio. I might be old enough, but at that time I was in
law school and focused on other things.
Mr. Graves of Louisiana. Great. Thank you.
I guess next question: Mr. Bunce, thanks for being here and
it is good to see you again. Can you talk about how the
shutdown impacted the integration of new technology such as
unmanned aircraft, urban air mobility, and commercial space
transportation into the NAS?
Mr. Bunce. Absolutely. And especially with--we are calling
it on-demand air mobility because my hope is someday that every
rural community out there has a machine that is programmed to
go to a hospital, and that we can put an occupant in and it is
going to fly to the hospital. And we are on the cusp of this
being able to happen.
Back in 2015, we passed the Small Aircraft Revitalization
Act unanimously by the U.S. Congress. And right now we are in
that stage of trying to use those implementing rules to
facilitate this new type of vehicle to be able to get into the
airspace to certify it.
So when we can have Mr. Perrone's people available to work
on being able to set the certification standards for those
types of vehicles. It is delaying this. And make no mistake
that there is tremendous international competition in this
area. The work that is being done in Europe and in China is
absolutely dramatic.
And my hope is that the U.S. stays, as Chairman Larsen
mentioned, the gold standard. We are an aviation nation, and we
have got to keep progressing forward to be able to certify
these aircraft. So it does have a big impact.
Mr. Graves of Louisiana. Thank you. I appreciate it. I
yield back.
Mr. Larsen. The Chair recognizes Chair DeFazio for 5
minutes.
Mr. DeFazio. Thanks. Mr. Rinaldi, there are very strict
rules about your folks, just like pilots, not reporting to work
when they are fatigued or ill and feel they cannot do the job
properly. But wouldn't you say--you had a--A, it is a stressful
job; B, we are understaffed, so people are putting in a lot of
mandatory overtime; and then C, when you get like the example I
had, with a younger controller doing mandatory overtime,
feeling compelled to drive Uber to put food on the table, do
you think--I mean, he may not have been fatigued at a level
that he should have stayed home. But they are not at the top of
their game. Right?
Mr. Rinaldi. Certainly fatigue entered into the system.
Sometimes individuals have a tough time identifying that they
are too fatigued to come to work. And that might have been
happening. We did see, as I said, some routine clearances where
mistakes were being made because they were distracted.
But we were deeply concerned about what was going on in the
control towers and the control rooms throughout the country
about fatigue.
Mr. DeFazio. All right. Thank you. In addition, the extra
stress. And then----
Mr. Rinaldi. Oh, the stress was intense.
Mr. DeFazio. And Mr. Perrone, what about your people that
are told they are not essential and told to stay home? How do
they feel about coming back to work, and what is the new burden
on them?
Mr. Perrone. So the problem is not being essential
personnel. I mean, everybody in the FAA does their job and
keeps the system up and running. Again, the safest in the
world, most complex. And to say you are not important for these
35 days, the morale was just tremendous that they just said,
``Why should we stay? Why should we bother continuing to work
if the''----
Mr. DeFazio. A lot of your people have technical expertise.
Couldn't they find private sector jobs if they want?
Mr. Perrone. Absolutely, especially the inspectors. They
can go back to industry. And our technicians and workforce,
they can go find other jobs because they have that unique
ability to do that.
Mr. DeFazio. So if this uncertainty continues, is the
future about whether these are stable, long-term jobs? You may
have trouble getting qualified people to fill your openings.
Mr. Perrone. Absolutely.
Mr. DeFazio. Yes. OK.
And Ms. Nelson, we have been discussing the safety issue.
And just--I mean, TSA would limit lines. But again, a lot of
them were driving Uber. They are having garage sales. They are
checking their phone to see if they sold their table or TV yet.
I mean, did flight attendants have an overwhelming sense
that things were not as safe as they could be?
Ms. Nelson. Flight attendants were seeing it every day when
we would come to work and go through those security lines and
talk with those security agents, who some of them did not have
gas to get back and forth to their homes and so they were
sleeping in their cars between shifts to make sure that they
could keep the country moving.
And we have to really thank them because they stayed true
to their oath to serve and protect all of us. Think if that,
thousands of people who came to work to make sure that that
could keep going when that same oath was not held by people in
power.
And so yes, we saw every single day that there were
distractions in safety-sensitive and security-sensitive work
that don't need to be there, and created risk that we didn't
need to have.
Mr. DeFazio. Thanks.
Mr. Calio, you talked about a whole lot of things that
disrupted the industry. Can you quantify a number, how much,
what the losses were? Damages?
Mr. Calio. We can't. We have looked at it, Mr. Chairman. We
defer to our members to quantify their losses. You have heard
two mentioned, I think, $25 million by one airline, $15 million
by another. I actually think the number is much greater. Those
quantify losses in terms of flights, lost opportunities in
terms of certifications not being made.
But the cumulative impact of all the things that everybody
up here has mentioned add up to much, much more in terms of
disruption to the system and what has to happen down the line.
Also, we were taking our own employees off the line to help TSA
employees and CBP employees. And so that all has an impact that
I think is not readily quantifiable. Someone, of course, could
come up with a number. I can't.
Mr. DeFazio. OK. Thank you.
Just in reference to statements that have been made, I was
not here when Carter was President, either. I cannot quantify
what happened then. But shutdowns are stupid no matter who is
in the White House or who is in Congress, and they have got to
end. I am not only introducing this legislation. I am on a bill
that has been introduced in the House to say that all agencies
would continue under continuing resolutions, in case we do not
agree on appropriations and a budget in the future, at their
current levels.
Obviously, some more powerful committee might oppose that
because they think they are losing something in that case. I do
not know. But it is a stupid way to get leverage in this town.
This is not a partisan issue. And I invite all Members of the
House on both sides of the aisle to support this bill, move it
through, and at least we can take care of one very important
sector of the Government and our economy by passing this
legislation. It is a self-funding agency. Why can't we expend
funds during a shutdown?
With that, I thank the panel. I have got to go over to the
other side where they don't do anything to have a conversation.
Thank you.
Mr. Larsen. Thank you, Mr. Chair.
Now we will move to other Members' questions. Just a
reminder about the process: We go by seniority, seniority based
on if you were here at the gavel. Then after that, if you come
in after the gavel, you get in line based on when you got here.
So that makes Mr. Stauber from the great State of Minnesota
next.
Mr. Stauber. Thank you, Mr. Chair, and I appreciate the
witnesses who are testifying. Mr. Rinaldi, I was in grade
school, too, when President Carter was our President.
A couple of things I just wanted to reiterate. To Mr.
Bunce, Cirrus Aircraft in Duluth, Minnesota, is the largest
manufacturer of piston-driven aircraft. I spoke with them, and
they had--the certificates were delayed in sending the aircraft
out. They have now been backed up about 4 months because of
this.
Can you talk to us about other general aviation
manufacturers, some of their concerns, like Cirrus had? And by
the way, Cirrus Aircraft employs 1,100 people in Duluth,
Minnesota, in and around Duluth, Minnesota.
Mr. Bunce. Well, thank you, sir. And Cirrus also delivered
the most jets last year of any manufacturer out there with the
new Vision Jet, so it is pretty exciting.
So take another company in Florida that provides other
types of aircraft out there. They were within a week of
furloughing because they couldn't get flight test people to be
able to keep their programs going.
Another very large jet manufacturer, if you look at a major
development program--I have testified in front of this
committee before--the burn rate for a major program is about
$10 million a month. And so if you can't get the program to
progress, like get flight test, what happens is those flight
test people are now booked the next month with another company.
So you don't just push everybody to the right. You go and you
get the folks that were scheduled, and then you have to go
several months later.
So it really is a burn rate where it's like lighting a
match to the money. And that money could have been used to go
ahead and hire more people as you ramp up production once you
get your certification.
So it all has ripple effects for each one of the
manufacturers when we have delays like that.
Mr. Stauber. Thank you. Then the second comment I would
like to make. Ranking Member Graves made it, and this is about
the inability of elected officials in Washington to come to a
compromise. And it is extremely disappointing. I hope it does
not happen again.
And you talk about safety. I have to ask this one more
time. Was there any flight in this country that took off, flew,
that we knowingly felt was unsafe? Anybody?
Mr. Calio. I will take it again. I would say no.
Mr. Stauber. To Ms. Nelson, you talked about safety is
first, the flight attendants and the assistants. You guys and
gals do a magnificent job. You make the flights peaceful, and
through some stressful situations. And I have only been a
Member for a month and a half, but I have flown enough to
really see the spectacular job that you and your folks do, so I
appreciate that.
My last comment will be this. I will support 100 percent
the aviation industry beyond 10 years.
Thank you, Mr. Chair.
Mr. Larsen. Thank you, Mr. Stauber.
Next is Mrs. Napolitano, recognized for 5 minutes.
Mrs. Napolitano. Thank you, Mr. Chair. And this question is
aimed at all witnesses because there is a piece of legislation
that is coming up, H.R. 1108, which I have cosponsored, and
introduced by Chairman DeFazio and the subcommittee chair, Mr.
Larsen, that will protect the aviation industry from future
shutdowns.
How would this bill specifically provide the stability and
predictability of your members, that they require, and ensure
the safety of the system for all of us? Don't forget, I am one
of those that travels twice a week, up and back to California.
So it is very important. Yes, flight attendants are
magnificent. I just wonder, when we get on the plane, are we
going to get there safely? The attendants at either end focused
on their job, are they all right? Or are they worried about
having to pay bills because they have not been paid? So to each
of you, I have the question.
Mr. Rinaldi. Thank you for the question, Congresswoman. We
believe it will be--this bill, if passed and enacted, will give
us a seamless transition that if Congress failed to appropriate
and failed to pass the CR, that we would just reach into the
uncommitted balance of the Aviation Trust Fund and not worry
about, 10 days before, preparing for a shutdown, and stop
implementing equipment, shutting down our academies, stopping
training air traffic controllers, stop implementing and
training new technology to enhance the safety of the system.
So I believe by passing this, it will make it more safe,
and it will eliminate the risk of what happens during a
shutdown.
Mrs. Napolitano. Thank you.
Mr. Perrone. Yes, PASS supports this as well. We believe
again--we have two sides, the technicians who maintain the air
traffic control equipment, certify it, make sure that the air
traffic controllers can use it properly, that the pilots are in
communications with them; and also the regulatory side. We have
the regulatory side that Flight Standards has to maintain with
the industry to make sure they are following all the
procedures, as we said, new equipment, existing equipment.
That is ultimately where we have to be, having those folks
working day in and day out so there is no gap of, should we or
shouldn't we fly? Should we or shouldn't we have a plane in the
air, or that consideration? And everybody is focused on their
job.
Like I said, knock on wood, we got the safest system in the
world because our men and women are out there day in and day
out. And we need to have that continue. Thank you.
Mr. Calio. Thank you, Congresswoman. First, I would like to
say one more word about safety. When you come into the
industry, the first thing that everybody in the industry says,
in answer to any question, is, ``Safety always comes first.''
And it does. We all operate as a team, and a plane will not get
in the air if we consider it to be unsafe, sometimes to great
irritation to passengers.
In terms of this legislation, it would, as Mr. Rinaldi
said, cut the uncertainty out because right now there is always
a chance of a Government shutdown. The effects happen. So if we
know that there is stable funding, and even if the Congress
cannot come to an agreement on the appropriations, we will not
be affected.
The money will come out of the trust fund because the money
keeps going into the trust fund on a daily basis, gets repaid
automatically. And it has been referenced here, and I don't
know if the letter has been entered into the record, but it
should. There are 40 signatories to this letter supporting H.R.
1108.
As I said earlier, this latest shutdown has totally
galvanized the industry. We are together. We want this
legislation. Thank you.
Ms. Nelson. Yes. This should be nonpartisan. Everyone
agrees with this. And I have never seen the industry come
together like we have around this. It feels--well, that part
feels great, yes. So what we said was that we were less safe
during this shutdown because we introduced risk that we didn't
need to and that we couldn't even calculate was having an
impact on our safety and security.
And so we should never do that again. Our union has opposed
every single shutdown for this reason. And this was the longest
one, it just so happens, so that many of us saw the effects
much more because they grow every single day that the shutdown
continues.
But we absolutely have to stop this, and we have got to get
this bill passed immediately. And we have to have a more
fulsome response as well. But we should take care of the FAA.
Mr. Bunce. Congresswoman, I would just add that this
shutdown really demonstrated how important aviation is to our
entire society. We are an aviation nation. And so just like the
markets react to certainty, our industry has to react to
certainty. And this legislation will provide us the certainty
that if something again happens like this that is politically
driven, that we can go and keep this country running by keeping
our industry running.
Mrs. Napolitano. Thank you. It makes no sense, does it?
Thank you, Mr. Chair.
Mr. Larsen. Thank you, Representative Napolitano.
Before recognizing Representative Fitzpatrick, I ask
unanimous consent the following items be entered into the
record of today's hearing: A letter signed by more than 35
aviation industry and labor organizations endorsing H.R. 1108,
and a letter from the commercial drone sector endorsing H.R.
1108. Hearing no objection, so ordered.
[The two letters described follow:]
Letter of February 12, 2019, from the Aeronautical Repair Station
Association et al., Submitted for the Record by Hon. Larsen
February 12, 2019.
Hon. Peter A. DeFazio
Chairman, Committee on Transportation and Infrastructure
Hon. Sam Graves
Ranking Member, Committee on Transportation and Infrastructure,
Washington, DC.
Hon. Rick Larsen
Chairman, Subcommittee on Aviation
Hon. Garret Graves
Ranking Member, Subcommittee on Aviation, Washington, DC.
Dear Chairman DeFazio, Ranking Member Graves, Chairman Larsen, and
Ranking Member Graves:
We write today to convey our strong support for the Aviation
Funding Stability Act of 2019 (H.R. 1108) which would authorize the
Federal Aviation Administration (FAA) to draw from the Airport and
Airway Trust Fund (AATF) in the event of a Government shutdown.
During the recent shutdown, air traffic controllers and other
aviation safety professionals were forced to work without pay and
thousands of others were furloughed. Jobs and economic growth in the
industry were threatened as manufacturers, airlines and other
operators, and small businesses faced disruption. The effect on the
Nation's air transportation system and the workers charged with keeping
the system safe was dramatic. We find this situation to be unacceptable
and we want to work with Congress and the administration to prevent
this from ever happening again.
The legislation is designed to provide a limited, targeted way of
ensuring stability for the aviation system and it does not change
congressional direction or oversight in any way.
H.R. 1108 allows FAA to carry out its mission by using the AATF,
which presently has an uncommitted balance of over $6 billion.
Additionally, users of the system continued to pay taxes and fees
during the shutdown to fund the aviation system, but the dollars could
not be accessed to support controllers, safety specialists, and other
critical FAA personnel absent a legislative fix. Passengers, shippers,
FAA employees, operators, businesses, pilots, airline employees and
others rely on our aviation system and support its operation through
payments to the Trust Fund.
We look forward to working with the committee, other Members of
Congress, and the administration to pass H.R. 1108 and ensure that the
FAA operates safely and efficiently for the flying public.
Sincerely,
Aeronautical Repair Station Association
Aerospace Maintenance Council
Air Line Pilots Association
Air Medical Operators Association
Air Traffic Control Association
Aircraft Electronics Association
Aircraft Mechanics Fraternal Association
Aircraft Owners and Pilots Association
Airlines for America
Airports Consultants Council
Airports Council International--North America
American Association of Airport Executives
Association of Flight Attendants--CWA
Association for Unmanned Vehicle Systems
International
Aviation Accreditation Board International
Aviation Technician Education Council
Cargo Airline Association
Commercial Drone Alliance
Experimental Aircraft Association
General Aviation Manufacturers Association
Helicopter Association International
International Air Transport Association
International Association of Machinists and
Aerospace Workers
International Brotherhood of Teamsters--Airline
Division
International Council of Air Shows
National Air Carrier Association
National Air Traffic Controllers Association
National Air Transportation Association
National Association of State Aviation Officials
National Business Aviation Association
Professional Aviation Board of Certification
Professional Aviation Maintenance Association
Professional Aviation Safety Specialists
Recreational Aviation Foundation
Regional Air Cargo Carriers Association
Regional Airline Association
Transportation Trades Department--AFL-CIO
Transport Workers Union
Travelers United
U.S. Travel Association
Letter of February 12, 2019, from the Commercial Drone Alliance et al.,
Submitted for the Record by Hon. Larsen
February 12, 2019.
Hon. Peter A. DeFazio
Chairman, Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, DC.
Hon. Rick Larsen
Chairman, Subcommittee on Aviation, Committee on Transportation and
Infrastructure, U.S. House of Representatives, Washington, DC.
Dear Chairman DeFazio and Chairman Larsen:
As organizations representing the commercial drone and related
aviation and vertical industries, we express our support for H.R. 1108,
the Aviation Funding Stability Act of 2019, a bill designed to protect
the Federal Aviation Administration (FAA) from the effects of future
Federal Government shutdowns. We support this effort to alleviate the
negative impact of shutdowns on the commercial drone industry and the
wide range of vertical market sectors it supports in the United States,
and appreciate your leadership on this important issue.
We are at a critical and exciting time for the commercial drone
industry. Once properly enabled, the safe integration of drones into
our National Airspace System (NAS) will save countless lives and have a
significant economic impact in the United States. While great strides
have been made in recent years to support growth in the commercial
drone industry, it is an industry that relies heavily upon its
partnership and collaboration with the FAA to function properly.
Specifically, the recent closure of many FAA and Department of
Transportation offices that work closely with the commercial drone
industry during the December 22, 2018-January 25, 2019 partial
Government shutdown caused significant industry disruptions. Moreover,
the shutdown delayed policymaking that is essential to the continued
economic growth in the United States.
Below are some specific examples of how the recent shutdown
adversely impacted the commercial drone industry:
FAA Waivers and Other Approvals Delayed: The FAA's Unmanned
Aircraft Systems (UAS) Integration Office is responsible for processing
thousands of waivers and other applications that are necessary to
conduct expanded drone operations beyond the basic operations allowed
under the current regulatory framework (14 C.F.R. Part 107), such as
flights at night, over people or beyond visual line of sight of the
pilot. Thousands of companies (as well as public sector stakeholders)
rely on these types of FAA waivers to conduct advanced drone operations
that are essential to their workers' safety and business operations, as
well as for emergency response activities. The FAA already has a
massive backlog of waiver applications and the processing of almost all
existing and new applications was suspended during the shutdown. The
processing of petitions for exemption from various Federal Aviation
Regulations was also suspended.
Policy and Rulemakings Delayed: All aviation rulemaking, including
several critical drone-related regulatory actions, was suspended as a
result of the shutdown. In August 2016, Part 107 of the Federal
Aviation Regulations went into effect, which for the first time broadly
authorized commercial drone use in the United States. However, the
current rules still contain overly burdensome regulatory hurdles that
make it impossible for companies in the United States to realize the
full potential of drone technology and the resulting public benefits.
Over the last several years, industry and the FAA have worked
diligently to craft new rules that will allow for further integration
of drones into the NAS and unlock the full potential of commercial
drone technology. As a result of the recent shutdown, key rulemaking
efforts necessary to enable expanded drone operations ground to a
standstill.
Issuance of Airman Certificates Suspended: As a result of the
recent shutdown, the FAA suspended issuing airmen certifications.
Thousands of would-be UAS pilots were unable to obtain the Remote Pilot
Certificate that is necessary to conduct commercial drone operations.
Industry Partnerships Suspended: While the public benefits of
commercial UAS are substantial, policymaking has lagged behind the
technology in the United States. Recognizing this, and in an effort to
help move policy forward, the Trump administration launched an
innovative UAS Integration Pilot Program (IPP) to accelerate the safe
integration of drones into the NAS and to foster the development of new
drone technologies for use in a wide range of commercial industries.
The IPP generated a lot of industry excitement, but while significant
progress has been made under the IPP, all work under the program was
suspended during the shutdown. Innovative work that was being conducted
through other FAA-drone industry collaborative efforts, such as
Partnership for Safety Programs (PSPs), was also suspended.
Key Industry Events Postponed: The FAA's annual UAS Symposium,
which serves as a focal point for FAA officials, Government agencies,
and industry stakeholders to collaborate on key issues for the
commercial drone industry, was postponed as a result of the shutdown.
Other industry events that are critical to fostering Government-
industry working relationships, including the Unmanned Aircraft Safety
Team (UAST) meeting and the Commercial Drone Alliance Domestic Drone
Safety and Security Series event, were also postponed as a result of
the shutdown.
The recent Government shutdown caused significant harm to America's
commercial drone industry. We appreciate your efforts to protect the
FAA from the effects of future shutdowns in order to enable the
commercial drone industry to thrive.
Sincerely,
Lisa Ellman and Gretchen West
Co-Executive Directors
Commercial Drone Alliance
Peter F. Dumont
President & CEO
Air Traffic Control Association (ATCA)
Brian Wynne
President & CEO
Association for Unmanned Vehicle Systems International (AUVSI)
Todd Schlekeway
Executive Director
National Association of Tower Erectors
Mr. Larsen. Representative Fitzpatrick for 5 minutes.
Mr. Fitzpatrick. Thank you, Mr. Chairman.
First, thanks to each and every one of you for the role
that you play, which oftentimes is taken for granted. Each and
every one of you play a separate, distinct role that is equally
important. You all did your job when this Government did not,
and we want to thank you for that. And as I have said many
times, having lived through a Government shutdown as an FBI
agent in 2013, there are significant, long-lasting impacts that
most people do not understand.
And to have a Government shutdown for 35 days, I can tell
you, does irreparable harm to investigations inside the Bureau.
And I know it does irreparable harm to each one of your
agencies.
Two questions I would like to ask you, Ms. Nelson, based on
your opening testimony. The first question is with regard to
rest periods.
So there was an aviation tragedy about 10 years ago that
resulted in rest requirements for pilots. Flight attendants
were not included in those policy procedures and regulations.
As part of the FAA reauthorization, those provisions were
included.
How did the Government shutdown specifically impact that
program and implementation of it?
Ms. Nelson. Thank you for that question.
In fact, this has been a 30-year effort to try to get
fatigue addressed for flight attendants. We have had seven
congressional fatigue studies that were done that determined
that fatigue exists today, and the best way to fight that
fatigue is to get more rest.
What was included in the FAA reauthorization bill was an
increase of 2 hours' rest to make sure that flight attendants
have a chance to get closer to 8 hours' rest in between
flights. That has not been updated in the regulations as it was
required by law, and there was no way to get at why it was not
updated and how quickly it needs to be updated and implemented.
So there was no way to get at these issues, just like the
issues of addressing sexual harassment, of improving our
training around human trafficking, and the other issues that I
raised.
Mr. Fitzpatrick. Thank you, Ms. Nelson.
The second issue raised was that of secondary barriers. I
think your words were that flight attendants were being asked
to be serving as physical barriers, and you lauded the
provision that included secondary barriers for new aircraft.
If it makes sense for new aircraft, does it follow that it
makes sense for current existing aircraft as well?
Ms. Nelson. We completely support secondary barriers in all
of our aircraft. It is an absurd practice to have flight
attendants use their own bodies as the barrier between the
cabin and the cockpit. And secondary barriers are a necessary
plank of security.
Mr. Fitzpatrick. Thank you.
I yield back, Mr. Chairman.
Mr. Larsen. Thank you, Representative Fitzpatrick.
I now recognize the Representative from the Sunflower
State, Representative Davids.
Ms. Davids. Thank you, Chairman.
Well, first I want to say thank you to the witnesses today.
I really appreciate the opportunity to serve on the Aviation
Subcommittee. Kansas is sometimes referred to as the ``Flyover
State,'' but we have an awful lot going on there.
One of the things that is going on there is that we have
regional air traffic control center in Olathe, Kansas, which is
in the district that I represent, and I had the opportunity to
go by and actually visit the facility and walk onto the floor
where the folks who are navigating the planes were at, and the
stress that I felt just walking through there was pretty
intense because you know that there are thousands of lives in
the hands of the folks that are doing that.
My mom was in the Army, and now she works for the post
office. So many people in my family have been Federal employees
and are career civil servants, and I want to thank Ms. Nelson
and Mr. Bunce for, one, recognizing our Federal civil service
workers as both unsung heroes and also calling out the
sometimes demonization and that sort of thing because our
Federal civil service really keeps this country going in a lot
of ways.
So one of the things I want to ask about is I have heard a
lot of questioning about safety, and I would like to hear
actually from anyone who wants to respond to this. The kind of
mental health of the folks who are under the stress of keeping
so many of us safe while we are in the air, but also the impact
that the shutdown had on their--sometimes it is morale, but it
extends much further than that.
I do not know if you have been hearing from--really I feel
like every single one of you, whether it is safety, the flight
attendants, the air traffic controllers, but could you speak to
that a bit?
Mr. Rinaldi. Sure. I would love to. Thank you for the
question.
During the shutdown and to an extent currently right now
because they are not made whole financially, it was
demoralizing. They did their job. They did nothing wrong. They
came to work. They were used as political pawns for an issue
that, quite frankly, was not germane to aviation at all, and
this has happened time and time again.
We have seen, you know, over a dozen opportunities for
possible shutdowns in the last 18 months. We have experienced
three shutdowns, and it is demoralizing to start working on
programs that are going to get shut down and spend time away
from your family to be subject matter experts for the next
generation of air traffic control equipment, and then not being
able to implement this.
Now we are going to start back up, but it is going to take
6, 8 months to get back to normal. I think between the fatigue,
the risk in the system, and the devalue that they felt coming
to work day in and day out will have lasting, lasting effects
throughout their career.
Mr. Perrone. Thank you.
You know, visiting the facility, you saw the air traffic
controllers and where they work behind the scenes, below, back
in the equipment room. Our folks have to maintain that
equipment. They have to keep that up and running, and the
pressure, the stress to make sure that it is running properly.
Meanwhile, they have to think about their personal lives,
their families, and all the other work, the distractions.
And they are professionals. It takes anywhere from 3 to 5
years for technicians at certain locations, sometimes longer,
and they consider themselves, as the inspectors do, as our
administrative support, we are all in this together in keeping
the system safe.
And to have a slap in the face, again, to say, ``You are
not important,'' you know, some of them do not go to work. You
get paid maybe eventually. Pulling savings out, pulling college
out, there were just some examples I have that one of the
technicians said, ``I can't get my insulin.''
``I am not going to go to the doctor and get the surgery I
need because I don't know how to pay for it.''
Meanwhile, he is certifying air traffic control equipment.
His head is not in the game 100 percent, but yet they showed up
every day to do the job they needed to do. Our inspectors,
unfortunately, did not.
So I know the question has been asked: is the system safe?
Yes, it is safe, but now the inspectors have to go back and
that pile of information that the industry sends over to the
FAA for review, is there something that was missed? Did a plane
take off that maybe should or shouldn't have? Did a pilot or
someone have an issue?
We don't know until they go through and comb through that.
I believe, as Mr. Calio said and others, nobody is going to
take off on an unsafe condition, but we don't know what we
don't know.
And these folks say, ``We want to do the job. Pay us. Let
us do our job,'' and that is going to, as Paul said,
reverberate in new people. We just had a meeting yesterday in
Oklahoma City, with trainees, and we were out there talking to
those folks. They are questioning whether they want to stay in
the FAA now because of that. They are questioning will there be
another shutdown, will there be another impact, or should they
go and find another job.
So, yes, it really is a demoralizing activity.
Mr. Larsen. Thank you. Thank you, Representative Davids.
I now want to recognize the pride of Dryden Township, Mr.
Mitchell, Representative Mitchell of Michigan.
Mr. Mitchell. You should come visit Dryden sometime, check
out the horses.
Mr. Larsen. Thanks for the invite.
Mr. Mitchell. Any time you would like.
I would like to say, you know, I grew up in a family. Dad
built trucks on the line. Mom worked for the Salvation Army. We
saw a lot of layoffs in the 1960s and 1970s in the auto
industries.
I was alive, by the way, when President Carter was here. I
don't remember. I claim I don't remember what happened. What we
saw in the shutdowns is that politics overwhelmed policy and
people.
This institution has already amazed me in my little over 2
years with its inability to have a level of maturity that gets
things done, and it is dismaying some days.
Mr. Larsen, I would support your bill if we, in fact, had
clear penalties on Members of Congress and the staff for not
getting their job done. Don't pay them, none of them. It is
irresponsible. They shouldn't be.
I put my letter in to have my salary held the night before
the shutdown when it was clear where it was going because
people profiled about their issues rather than actually deal
with the problem.
But let me ask a couple of questions because I think adding
drama to the situation--first, let me thank everyone here that
did their jobs. Some of your folks came and visited me, and we
talked at some length. Air traffic controllers came in to chat
with me as well as TSA.
Mr. Rinaldi, are you aware of any security, safety concerns
that arose in the 35 days?
Mr. Rinaldi. I am not. What we are aware of is that the
system is built on layers and redundancy of safety. It is the
ultimate safety net, and you know, if you shut down for 3 or 4
days, you are not wearing that net out.
But as you go 2 weeks, 3 weeks, 4 weeks, and our processes
are not in place to mitigate risk and reduce the hazards that
are identified, then you are increasing the risk.
Mr. Mitchell. Oh, I heartily agree. People not paid for a
month is unconscionable.
Mr. Rinaldi. Well, I was not even talking about not being
paid, but not having people at work that actually do the safety
functions.
Mr. Mitchell. Sure. I agree.
I will note that, for Mr. Larsen and others on the
committee, that, in fact, when we authorized FAA last term, we
could have proceeded with privatizing air traffic control. It
wouldn't have been in place by now, I readily admit, but in my
opinion, we need to take some of these functions. Air traffic
control; we need to take certification of aircraft as much as
we can. It is self-funded and actually put it off in a private,
nonprofit, not unlike the Tennessee Valley Authority.
Now, there is a challenge I would like to talk to you about
because we can get it outside of this alleged Government
process that fails to function on many days around here.
Would you like to talk about that, sir? We should do that
sometime.
A quick question for you, Ms. Nelson. You reference in your
testimony some specific instances where there were concerns
regarding failures of security and concerns about security in
the air. I am concerned about that.
But I think rather than generic or general descriptions, I
think we need more specifics about what transpired that led to
these concerns because, as I said to Mr. Rinaldi, on top of all
the other stupidity around here, we didn't need more drama.
So I am curious what the examples are.
Ms. Nelson. People were stretched to the nth degree. What
we saw at the security lines actually was really the best of
America during this shutdown.
Nobody likes to go through TSA security lines, and usually
they are pretty grumpy about it, but what we saw was people
coming with very good spirits, thanking the TSOs for being
there, and being very grateful for them to continue to do their
work even though they were not getting paid.
People were also not just thanking. They were trying to
bring money, food, other gifts to try to sustain these people,
and what we saw during this time, and obviously, they are not
supposed to accept any of that. We don't need people in a
security sensitive position accepting bribes.
So this is one example of a security concern that we had,
was that as the shutdown wore on, management was looking the
other way when people were bringing these issues sometimes
because of the human need, because there was such a strain on
people, because they were having to go to food lines, because
people were so stressed out.
We also don't know what causes anyone to be in personal
distress, but we know that there were people who were thrust
into a hopelessness that had them saying things like, ``I am
not getting paid. It doesn't matter,'' or my member tried to
revive someone who took his life and was pushed really to the
limit.
Introducing that into a security sensitive place and not
having the backing of the fully functioning FBI and the other
agencies behind the scenes doing the risk analysis so that
those TSOs can get those briefings every day were all part of
the security concerns that we had and what we were seeing and
where the system was breaking down.
Mr. Mitchell. I yield back. Thanks, Mr. Chair.
Mr. Larsen. Thank you, Representative Mitchell.
Representative Lynch of Massachusetts.
Mr. Lynch. Thank you, Mr. Chairman.
I want to thank all of the witnesses for your willingness
to come to the committee and help us with your work.
First of all, I want to just say how strongly I support
H.R. 1108, Mr. DeFazio's bill. I just read it. It is three
pages, a model of efficiency and a commonsense piece of
legislation, and I think we should get it done.
I do want to point out, however, a number of my colleagues
on the other side of the aisle have commented about the sadness
of the shutdown and how we shouldn't let that happen again. I
want to remind my colleagues who started this shutdown. The
President took full credit for this. We had general agreement
on a lot of bills across Congress.
As a matter of fact, this week we are going to have seven
appropriations bills that are basically agreed upon,
bipartisan, House and Senate, that will proceed. It was the
President's decision to take hostages, flight attendants, air
traffic controllers, TSA workers.
That's what we objected to, and to suggest that a Member of
Congress should give up their pay because the President decided
to take hostages? Give me a break.
Before coming to Congress I was an ironworker for 20 years.
I represented people for a living. I negotiated contracts on
behalf of my workers, the men and women of the ironworkers
union and the carpenters union, stagehands, wardrobe workers. I
negotiated contracts with them, for them, on their behalf.
Coming to Congress I still do that for Federal employees
and other workers. Even when I took my members out on strike,
when I asked my members, the men and women of my unions, to go
on strike, I got paid because they wanted me in there fighting
for them, that I would have no distractions and no backsliding,
no backstepping.
So I advise my colleagues on the Democratic side, take your
pay. Keep fighting. That's the attitude that the Democrats
should have.
It was the President's decision, reckless, reckless
decision, irresponsible decision to shut this Government down.
Don't forget that. And any Democrat who is willing to negotiate
with somebody who takes workers hostage should be disgraced,
and I am glad my colleagues did not do that.
The starting pay for a TSO is about $28,000 a year. Are you
kidding me? There are fast food places that pay more than that.
So we shouldn't be surprised when TSOs making $28,000 a year
with a 35-day shutdown are not coming back.
And if the President shuts them down again and we have
basic agreement, again, between House and Senate on the bill to
go forward and end the shutdown, if the President says no and
shuts the Government down again, again, we will face that same
dilemma. And these TSOs after that 35 days, and some of them
have not been paid yet, if they get put on furlough or laid off
again, you can expect that they will just walk. The job is
tough enough as it is.
So I agree. It is shameful that anyone would shut this
Government down. I mean, it just hurts the image of this
Government in the eyes of the American people, who we all do
work for.
But taking hostages is not acceptable either.
I yield back.
Mr. Larsen. Thank you.
The Chair now recognizes the gentleman from Zanesville,
home of the Fighting Blue Devils and the Y Bridge, Mr.
Balderson.
Mr. Balderson. The Y Bridge. Thank you for recognizing
that, Chairman.
Chairman Larsen and Ranking Member Graves, thank you both
for holding this hearing today.
I know from my constituents that the partial shutdown did
cause significant hardship to pilots, air traffic controllers
and others in the aviation sector. I visited and communicated
with them, making phone calls. That is one of the reasons, and
I would ask my fellow colleague from Massachusetts to join on
and cosponsor a bill that Senator Portman and I did, the End
Government Shutdowns Act, to prevent this instability and
future risk.
And I appreciate all of you giving your input today and
letting us know what the impacts are from your area of concern
on the effects.
My first question that I would like to ask is for Mr.
Calio. Good morning, sir. Thank you for participating today.
I want you to discuss the financial impact of the shutdown
on the airline industry. For example, the shutdown delayed
Southwest Airlines' plan to operate services to Hawaii. Can you
share with the committee specific examples of how the shutdown
financially impacted members of your organization?
Mr. Calio. As a proud Ohioan, I am happy to try to answer
your question.
Mr. Balderson. O-H.
Mr. Calio. I-O.
[Laughter.]
Mr. Larsen. Order, order.
Mr. Calio. Just give us a moment.
Mr. Balderson, as I mentioned earlier, we generally defer
to our members to do that. That figure is well known. Southwest
has roughly estimated about $15 million.
There was another estimate for another airline of $25
million. I think the greater point here is in looking back, to
look forward. Looking back there are all sorts of cumulative
impacts of the shutdowns that have been laid out here in terms
of delays. The delays built up over time, create further delays
down the line so products don't come online. New planes don't
come into service. New routes don't get written. New procedures
don't get written, all of which has a huge financial impact on
an industry that is the economic engine of this country.
So while I cannot quantify for you with any amount of
certainty, I can say there are financial impacts that were
immediate. There are financial impacts that will accumulate to
the midterm and to the long term, and we can't let that happen
again, which is why we support legislation that adds certainty
to FAA funding so Mr. Rinaldi and I and our friends can quit
talking about the need for stable funding all the time.
We have been at it. It is kind of like Groundhog Day.
Mr. Balderson. Thank you for answering the question, and it
is good to see a fellow Ohioan.
Back to Mr. Rinaldi since you brought that up. Good
morning, Mr. Rinaldi.
Mr. Rinaldi. Good morning.
Mr. Balderson. As I said earlier, I did have the pleasure
of touring the tower at Columbus airport, now named the John
Glenn International Airport and have developed a relationship
with Mike Weekley there, and it is always good to work with
Mike.
And someone talked about the facility in Oklahoma and the
training facility, and that is something that I am going to
discuss in the near future pertaining to workforce development
and the backlog that is there and, you know, getting folks
encouraged to go into this industry.
But have you had any confrontations about backup plans in
case there is a future shutdown? But hopefully we pass my bill
and that does not happen.
Mr. Rinaldi. Well, as far as backup plans for future
shutdowns, you know, working with the agency as we approach a
shutdown, the interesting thing is about 10 days out we start
exchanging lists of who would be what we would say exempt/
nonexempt. These say essential/nonessential. Now, that is not
politically correct, so it is exempt/nonexempt.
We think the FAA, all employees of the FAA, are essential
and need to come to work to continue to run the safe, most
efficient system in the world, and we would like to see stable,
predictable funding and make sure that we never have to see
these shutdowns again.
Because even if we don't shut down tomorrow night I think
that is, we have already been planning for a shutdown for 10
days. That is detrimental to aviation because we are not
modernizing the system. We are not moving forward. We are
taking two steps backwards every time we come up to a date that
looks like a shutdown.
Mr. Balderson. Thank you.
One followup for you and back to that workforce development
piece and attracting outside of the shutdown concern. Can you
discuss any ongoing plans to recruit folks to get into this
line of work?
Mr. Rinaldi. We have a number of people that want to become
air traffic controllers. The agencies, we have different tracks
of hiring, whether it is from the military or prior experience,
certainly off the street, or in our college programs.
So there is a good pool of people who want this job. The
problem is getting them through, you know, the testing, then
security, the medical, and getting them through the Oklahoma
academy, which has limited seats.
And we have lost 30, basically 2 months of limited seats.
Mr. Balderson. OK. I look forward to working with you on
that.
I yield back. Thank you, Mr. Chairman.
Mr. Rinaldi. Thank you, sir.
Mr. Larsen. Thank you.
And the Representative from the State whose State beverage
is milk, Angie Craig, Representative Craig from Minnesota.
Mrs. Craig. Thank you so much, Mr. Chairman.
So I was sworn into the United States Congress 12 days into
this shutdown, and since 1996, we have had 22 continuing
resolutions and 10 Government shutdowns. So as I come into this
Congress, I take a fresh look if what we have been doing is
working.
And I want to say to you that that is why I have supported
a freshman bill called The Shutdown to End All Shutdowns. Not
only does it send us into a continuing resolution, but it also
makes sure that our elected leaders are here every single day
for daily quorum calls.
It also takes away pay because I believe if your hard-
working Federal Government employees are not being paid,
neither should we, and we should come to work every day and
fight like hell for you, even though we are not being paid.
So I have come in, I believe, with a number of the freshmen
with fresh eyes looking at the way this Congress is working.
I will support the chairmen's, both Chairman Larsen and
Chairman DeFazio's legislation, H.R. 1108, because I believe in
the interim of figuring out how we stop all shutdowns, we
certainly should stop our national airspace having the risk
that we currently have.
Mr. Rinaldi, thank you so much for being here this morning
and representing air traffic controllers. As you may know, I
have a regional air traffic control center in my congressional
district in Farmington, Minnesota, otherwise known as the
Minneapolis Air Route Traffic Control Center. I will try not to
be offended by it being called Minneapolis and it is in
Farmington.
But it is the 13th busiest center in the United States, and
I want to share a few of the stories of the air traffic
controllers in my center. I want to talk about Joe, Jeremy and
Kelly.
Joe was a new father of a baby born 10 weeks prematurely.
He had his leave canceled, and he had to decide whether he
would come to work every day or go to the NICU and see his
newborn.
Jeremy was a father of three who was on the verge of having
to take out significant credit card debt just to pay his bills.
And Kelly is a trainee with student loan debt, and she had
to wonder how she was going to continue to meet those
requirements.
So each of them on behalf of their communities came to work
every single day not just on behalf of their communities, but
on behalf of communities that they will never ever know. They
came to work every day, and they did their job.
So I want to ask you, Mr. Rinaldi, and every single one of
you. We are staring down another Government shutdown, and
although I am optimistic because that tends to be my nature, I
want you to tell us what message you would have for Congress
and for the administration on Saturday morning if you wake up
and this Government is shut down again.
In one or two sentences, what is your message to us?
Mr. Rinaldi. It has been the message during the shutdown.
It's: open the Government. There is no reason for Federal
employees to be held hostage for a political dispute that has
nothing to do with them. Congress, Senate, White House need to
do their job. They are elected to do their job. Do their job
and keep the Government open.
I thank you for your legislation. We will support any
legislation that meets our four core principles, that, you
know, supports our front-line workforce; that certainly gives a
stable, predictable funding; and gets us out of this shutdown
mode.
I thank you.
Mrs. Craig. Thank you.
Mr. Perrone. I thank you, Congresswoman.
Yes, the same thing: keep the Government open. Do your job.
Pay the folks because it is a critical, critical disservice to
them that they do not come to work or if they show up, some
have to show up Saturday morning, midnight Friday night because
they work rotating shifts, and have to think again, ``Here we
go. How long are we going to go?'' But yet they are going to do
everything they can.
So do you job, Congress. Do your job, administration. Sign
whatever it takes to keep the Government and the FAA open, and
really for all Federal employees.
Thank you.
Mr. Calio. Thank you.
Airlines for America would say that, number one, operating
crisis to crisis is a terrible way to do business whether it be
in Congress or anywhere else.
Secondly, compromise is not a dirty word.
And, thirdly, A4A also will support any legislation that
prevents a future Government shutdown.
I would say this because I am one of the old-timers here.
Don't try to bite off too much. Seize the moment right now. Get
H.R. 1108 done and move on from there.
Ms. Nelson. We take our role seriously of keeping the
American public out of danger, and if Congress chooses chaos on
Saturday morning, working people have power, and we will come
together and use it and we will stop the chaos.
Mrs. Craig. Thank you.
Mr. Bunce. I would just say: do your jobs and do not leave
town until it is done.
Mrs. Craig. Thank you. Thank you so much.
I yield back my time.
Mr. Larsen. Thank you, Representative Craig.
Representative Spano from Florida.
Mr. Spano. Thank you, Mr. Chair. I appreciate the
opportunity to serve with you.
And thank you for being here. I am really grateful for your
testimony and your expertise and the work that you all do to
keep us safe. It means a great deal to me as one who has never
flown too much until very recently. So thank you very much.
I have a couple of questions for you. I, too, would
reiterate and just echo what the other members of the committee
said in terms of there really being absolutely no excuse for
the Government to shut down.
We have a job to do, and we need to do it, and I think the
Nation has a right to expect us to do it. And so we will look
forward to working with those out there who do have bills that
would continue the Government and would prevent this type of
scenario from happening in the future. So I look forward to
working with the Members to that effect.
I do have a few questions. The first question I would
direct, if I may, to Ms. Nelson. You had mentioned and you just
reiterated, I think, or alluded to it a moment ago just in your
response to the previous question, but you said in your
testimony, ``If Congress will not put an end to the crisis, we
will take action to save lives and protect U.S. aviation.''
My assumption by that is that that means you would go on
strike. Is that an accurate assumption?
Ms. Nelson. No. That is not an accurate assumption. It may
be every single day in aviation today if we see an unsafe
condition, we are charged to raise our hand and say it is
unsafe.
Now, we run the safest transportation system in the world,
really proud of that, and all of us participate in that. But
when we see something that is unsafe, we will raise our hands
and we will not work that flight until that is corrected.
So that is a possibility. That is not what I am saying is
definitely going to happen. What I am saying is that we are
calling all American people to come to the airports and demand
that Washington do its job and keep the Government open.
Mr. Spano. Thank you so much.
My next question is for Mr. Perrone. How long, in your
opinion, do you think it will take for FAA operations until
they are back to normal?
Mr. Perrone. Thank you, Congressman.
That is tough to say. Like I said, the shutdown, even the
2013 shutdown, it took a long time to catch up, and now on top
of that we have 35 days of shutdown. Our inspectors are trying
to do what they need to do.
I mean, there was an aircraft crash that they just put tape
around, and nobody could inspect it, the NTSB, the FAA
inspectors, and it just sat there.
There were violations that occurred that timed out. Some
timed out; some did not get put into the system in a timely
manner. But, again, every day there is new work that they need
to do. So it is hard to say, but it is going to take a long
time.
As Mr. Bunce said, there is aircraft certification that
didn't happen. There are pilot certificates that didn't happen,
and that continues to add to the frustration, and we have had a
few of our inspectors already say, ``We are leaving. We are
going back to industry.'' There is going to be a shortfall of
staffing.
And then with the academy being shut down, you cannot train
new inspectors. So it is a compounding problem.
Mr. Spano. Can you give me an understanding or an idea of
what the functions were that your members continued to perform
during the shutdown and what they did not perform?
Mr. Perrone. So from the aviation inspector side, none of
that work was done or completed. So there is a safety program
volunteered by the industry that says, ``Hey, we have an issue
or concern.'' It goes over to the FAA inspector to analyze.
That just sat in their inbox until the inspectors came back.
There were pilots that needed to either be recertified or
given licenses that was not completed. Now, the registry was
open this time around versus 2013 because the industry said
last time that the registry not having aircraft certified or
registered to sell, they stayed open.
Procedures were limited. So new procedures that normally
take a certain amount of time were delayed.
Our technicians worked. They worked without pay the whole
time. What they couldn't do is some of the modifications, as
Paul has said, some of the new equipment, or I should say
modifications to existing equipment couldn't be completed. They
were only allowed to do safety related equipment, certify the
existing equipment for air traffic control. They couldn't do
other type of work.
And we had a lot of administrative folks that were
nonessential or nonexcepted, that that paperwork sat around.
Mr. Spano. Thank you. Thank you.
My next question is for Mr. Calio, and that is you
testified about the shutdown's impact on NextGen programs. So
my question to you is: are your member airlines still in line
to meet the NextGen ADS-B equipage deadline for January 2020?
Mr. Calio. Well, we are working on that with the FAA, but
all of these shutdowns create a slowdown because nobody could
work on it for 35 days, and if there is another shutdown, that
will further delay it. And we have had those kinds of delays a
number of times over the last 7 years. So every shutdown, like
I keep saying, has a cumulative impact.
So we are working towards it. Our expectation is to try to
meet it. We'll see.
Mr. Spano. Thank you.
I yield back.
Mr. Larsen. Thank you.
I recognize Mr. Carson, Representative Carson, from Indiana
for 5 minutes.
Mr. Carson. Thank you, Mr. Chairman.
Thank you, Mr. Bunce. This question is for Mr. Bunce and
anyone else who would like to answer.
You know, during the shutdown, our office received an
urgent request for help with the Indiana Organ Donation Network
to get their flights off the ground. They needed to get new
aircraft to help surgeons who collect organ donations and then
fly them to perform surgeries to even deliver the organs.
This lifesaving network was interrupted during the shutdown
when certification personnel were essentially furloughed. I am
sure you have seen more than we have the examples of this kind
of thing in general aviation.
I am hoping you or any of the panelists can give us a
better picture of how the shutdown impacts with this particular
sector.
Mr. Bunce. Well, sir, in this particular case, they were
taking delivery of two business jets, and the operating company
that worked these aircraft have quite a few flights that they
do over a Midwest region that includes the State of Indiana.
And it is just an example of what happens all throughout
the system because pilots have retraining requirements that
they have to do to be able to fly a business jet. So when you
go back to training in a training center, the training center
has to have the most current equipment that you have on that
aircraft in the simulator. So those manuals have to be approved
each and every time that the manufacturer or, in this case,
someone who is moving organs and does a modification to the
aircraft.
That ripples into the system, and so the FAA has to approve
each one of those manual changes. So you impact the pilot
training. You impact the delivery of the aircraft when you have
got to make modifications to it, and so that happened
throughout the country.
Take, for instance, firefighting. Up in Mr. DeFazio's
State, they had to do modifications to get these aircraft ready
to be able to bid on contracts for the upcoming fire season. If
they didn't have the modifications in place, they couldn't
submit the proper bid because they can't say they have
equipment on the aircraft certified that they don't have.
So all of a sudden, they miss a year of bidding on
contracts for important elements like firefighting that we have
to do. So it happened across the country in many different
sectors that do these public service types of flying.
Mr. Carson. Thank you. Thank you, Chairman.
And I yield back.
Mr. Larsen. Thank you, Representative Carson.
I go with Representative Katko of New York.
Mr. Katko. Thank you, Mr. Chairman.
And thank you all for begin here today.
Mr. Calio, I think you summed it up perfectly when you said
that compromise is not a dirty word, and at the heart of what
causes shutdowns in my mind is an inability to compromise,
political posturing and gamesmanship that catches a lot of
people in the crosshairs, and the lack of consideration for
those people is stunning to me.
Mr. Perrone, what you touched on and what others touched on
are some of the intangibles that happen in the security arena.
Yes, thank God, you didn't have a security event during this
time, but when you have someone like a TSA employee, and I have
oversight over TSA for the last 4 years and I continue to, and
I am glad to be on this committee as well because it is an
aviation sector, which I am very, very interested in from a
safety and security standpoint; you are paying someone peanuts
at TSA. They don't have all the protections other agency
employees have, and then you are asking them to work for free,
and then you are asking them to try and find the proverbial
needle in the haystack, knowing that something as small as this
could take down an airline, my cell phone.
We are flirting with fire. We are absolutely, positively
flirting with fire. And I look at the aircraft inspection
security. It is the same thing. You could apply that to
anything, not just TSA.
So the more that we use shutdowns as a political tool, the
more we are really flirting with disaster, and I have never
voted for a shutdown. I have never voted to keep the Government
closed, and I never will, and the consequence be damned to me
politically because it is more important that we do our jobs,
and we abdicate our responsibility when we don't do that.
So with that in mind, I think it is sometimes helpful to
identify with some particularity the impacts, and we have
talked generally about them. So I want to ask. I will maybe ask
Mr. Bunce first. Maybe, Nick, you can think about something
from the airline side.
But from the manufacturer's side, I used some examples
during the shutdown of unintended consequences from a financial
standpoint because people are thinking, oh, you just shut down
the Government. You are saving money. We do not need these
employees.
Well, it is much worse than that. Airline inspectors, you
can't get your newly manufactured planes out of your plant
because they can't be certified because the FAA inspectors
weren't around; is that right?
Mr. Bunce. That is correct, sir.
Mr. Katko. All right. So can you give me an idea from a
dollar amount what that costs from the manufacturing side to
have those planes stacked up and not being delivered for 35
days?
Mr. Bunce. So for each company, as Mr. Calio said for the
airlines, each company has an individual case, but let me give
you one----
Mr. Katko. I'm talking about the manufacturer's standpoint.
Mr. Bunce. Yes. So each company is different. So for a big
company that I mentioned a burn rate of $10 million in a major
development program, that is one economic impact.
For another company, a small company that has maybe got
just one product line, and you are upgrading to, let's say, a
new processor that does more work, if you go and you look at
the supply chain, all of a sudden you have got to make a
decision, a bet that the FAA is going to certify your product
by a certain date, and you have got to turn off delivery of the
old processor and start ordering the new ones because you have
to have lead time in the supply chain.
All of a sudden now you can't get that new product out the
door. You run out of the old processor, and now you are stuck.
And if your product line is very small, this can put you in a
situation where now you have to try to go out to the markets
and find bridge funding, and who wants to invest in an industry
that is so reliant on the Government that they have these stops
and starts?
So it does have a significant ripple effect.
Mr. Katko. Mr. Calio, I know you mentioned some dollar
figures. Do you have any hard figures for the industry as a
whole as to how much they were impacted by this?
I mean, I looked at some of the new routes that you said in
your testimony were being affected that weren't going to be
able to go into operation. You aren't taking delivery of new
airplanes, which are more efficient from a fuel standpoint, and
you were waiting for those new routes, maybe you had to cancel
routes.
All those things come into consideration that people don't
take account of. So is there anything else you want to add to
that?
Mr. Calio. Not to that because I have said we can't
quantify the figure, but there is a figure there.
I would like to mention TSA because of your work on TSA,
and thank you, along with Chairman DeFazio for your work in
trying to stop the diversion of TSA fees for nonsecurity
purposes.
Mr. Katko. Yes.
Mr. Calio. That was an area of the system that was
stressed, and passengers are paying every day into that system.
The same with CBP where----
Mr. Katko. That is why I introduced a bill to pay them out
of that fund.
Mr. Calio. Yes. So why stop it?
So there are things to do here, and I think doing it on a
bipartisan basis is exactly the approach that has to happen,
and again, I would encourage all the committee, without being
presumptuous, I hope, strike while the iron is hot. People are
thinking about this now.
Mr. Katko. Mr. Perrone, real quickly, were the aviation
safety inspectors at the foreign repair stations impacted by
this at all?
Mr. Perrone. Yes, there was none done during that 35-day
period.
Mr. Katko. We are over my time.
Mr. Perrone. So we had security issues.
Mr. Katko. We are, are we not? We are flirting with fire.
Mr. Perrone. Absolutely.
Mr. Katko. Thank you, Mr. Chairman.
Thank you all.
Mr. Larsen. Thank you.
I recognize Representative Garcia from Illinois for 5
minutes.
Mr. Garcia. Thank you, subcommittee Chair Larsen and
Ranking Member Graves.
So once again, we are possibly on the cusp of yet another
potential Government shutdown. It is for this reason that I am
very happy to join Chairman DeFazio and subcommittee Chairman
Larsen in cosponsoring the Aviation Funding Stability Act of
2019.
This bill would ensure that all FAA programs, projects, and
activities would continue uninterrupted during a future
Government shutdown. While we talk about the effects of
shutdowns, I want to make sure that we keep at the fore the
human impact shutdowns have on real, hard-working people.
This morning I met a TSA agent working at O'Hare Airport,
one of the busiest in the country. Christine worked hard to buy
her manufactured, or mobile, home in Chicago, where she and her
23-year-old son live. During the last shutdown, Christine had
to pull out the $200 she had in savings just to buy food and
gas. At one point, Christine called out because she didn't have
enough money to make her 22-mile commute to work.
On January 10th, Christine was served a 5-day notice of
eviction. In a recent interview, she recounted the internal
dialogue she had during the shutdown.
``How long can we last? I have got a $15 gift card, and it
is 2 degrees out this morning. What the heck am I going to do?
I am worried about my car, and I am worried about losing my
home. Even if the Government is reopened, this has hurt us
tremendously. We missed paychecks, and there will be late fees.
Who would work at a job for 1 month and not get a paycheck?''
Mr. Chairman, I also listened to stories of air traffic
controllers who are on the brink of resigning because they were
being forced to make the decision on whether to come to work or
find another job to pay the bills.
In fact, amidst the shutdown, I joined my Illinois
delegation colleagues at O'Hare to hear directly from workers
about the problems they faced. There were over 600 air traffic
controllers and other aviation professionals who live and work
throughout northern Illinois, including my district.
One controller whose wife had been diagnosed with a heart
condition while their first child was in the middle of medical
tests fell into quite deep hardship. You see, dealing with
medical conditions is more difficult at the beginning of the
year because working families have not yet met their insurance
deductibles and have a larger out-of-pocket responsibility.
In St. Louis, there were reports of a young air traffic
controller selling his plasma just to make his monthly
payments. These are simply devastating stories of real
individuals suffering from the political gamesmanship that
threatens shutdown after shutdown. This brinksmanship has the
effect of reducing Federal employees, contractors and their
families to mere political bargaining chips during the
shutdown.
Chicago Center was in the middle of implementing new
equipment which will enhance communication abilities with
pilots. This equipment is commonly known as DataComm. Once the
shutdown started, training and implementation stopped. NATCA
estimates that $1.5 million that was spent on training was lost
and will need to be reaccomplished next fall or later.
Not only did the new equipment training come to a halt, but
on-the-job training was ground to a standstill as well.
I thank all of the witnesses who have come here today to
show us what the full impact of a shutdown on aviation is. I do
have a question for Mr. Rinaldi.
With, as I understand, about 20 percent of current air
traffic controllers eligible to retire and the current 30-year
low in staffing, there is a critical need for new controllers
to expand airport capacity at O'Hare and Midway and other large
airports. What will the impact of the shutdown be on
encouraging air traffic controllers to retire and on the
ability to hire new controllers?
Mr. Rinaldi. Thank you, sir. Thank you for your passion and
your support for the Federal workers. We really appreciate
that.
As far as, you know, we are still in catchup mode from the
shutdown of 2013, the sequester that kicked in. The FAA closed
the academy, and then we had the October shutdown for 16 days.
The academy was closed for a full year, and we are still
catching up there.
If we shut down again, the catchup will be well into the
2022-2025 mode.
Mr. Garcia. Thank you, Mr. Chairman.
Mr. Larsen. Thank you, Representative Garcia.
I recognize Representative Woodall from Georgia for 5
minutes.
Mr. Woodall. Thank you, Mr. Chairman.
And to Mr. Rinaldi, any time bad things happen and folks
are focused, you either had a chance to have your stock rise or
your stock fall. I don't think folks realize your members were
working 60-hour weeks before shutdowns and 60-hour weeks during
shutdowns and 60-hour weeks after shutdowns. That is just the
kind of work that your members do day in and day out.
And at least from the Metropolitan Atlanta area, where we
count on your folks to show up and do their very best
absolutely every single day, I know things were getting tough,
well, from the beginning to the end, but your folks showed up
and did what America was asking them to do, and folks are
grateful. So I just wanted you to know that that certainly did
not go unnoticed.
Mr. Rinaldi. Thank you.
Mr. Woodall. We spend a lot of time these days talking
about the demise of the aviation industry not because of
shutdowns, but because we will stop flying planes, because we
will have lots of new alternative modes of transportation to
replace our aviation industry.
Not to get ahead of ourselves, but I know the aviation
industry has been working hard to take care of its carbon
footprints, to reduce emissions, to do what the private sector
always does, which is try to be the very best corporate citizen
it has.
I was hoping Mr. Bunce and Mr. Calio could take just a
moment and talk to me about what has been going on in the
industry to try to be the very best steward of the environment
that you can be, to continue making advancements whether the
Government mandates them or not.
Mr. Bunce. Yes, sir. I think I join my colleagues here. I
am extremely proud of what we have been able to do as an
industry. This industry came together. We went out to ICAO,
which is the United Nations of aviation up in Montreal, came
together and arrived at a carbon standard or a CO2 standard
that now is applied worldwide.
We have programs going on to be able to use what is called
sustainable alternative jet fuel, and obviously Mr. Calio's
membership uses the bulk of that fuel, but we in business
aviation, everybody that is using turbine fuel, jet fuel, will
be able to meet our goals if we are able to go ahead and start
producing or getting the demand for this and having refiners be
able to give us that type of fuel.
On the piston side, for avgas, this committee has been
tremendous supporters for us of a program that we are doing to
be able to make that fuel more clean.
So in so many areas, this industry is working together, and
because the whole planet is relying on aviation and we have
this new, exciting dimension coming out of an ability to use
electric and hybrid propulsion, which is even going to make us
further green.
So it is a very exciting time in aviation, and we are doing
our part for environmental sustainability.
Thank you.
Mr. Woodall. Thank you.
Mr. Calio. Thank you, Mr. Woodall.
As Mr. Bunce laid out, there is a lot that has been going
on, and the industry has come together to do it. Please forgive
my voice. But I point out that between 1978 and 2017, aviation
reduced its emissions by 125 percent. That is the equivalent of
taking 25 million cars off the road every year.
In addition to that, we have carried 34 percent more
passengers at the same time and more cargo as we did in 2000
without emitting any more carbon dioxide.
We have aspirational goals for the years coming up, short
term and long term, that would take more off, and so you know,
the proposals are nice, but the world can't live without
aviation. We all know that. I tried to book a high-speed rail
train to Brussels. I couldn't get one. So we are going to have
to keep planes in the air, but we have to do better.
And it is a multipronged effort from the manufacturers to
everybody across the board. From our perspective, the less fuel
we burn, the better.
Mr. Woodall. I appreciate that. We spend a lot of time
challenging each other to do better. I wish we spent as much
time celebrating the successes when we achieve them. It is
worth celebrating, and I am grateful to you for sharing it.
Mr. Chairman, I yield back.
Mr. Larsen. Thank you, Mr. Woodall.
The entire subcommittee will have an opportunity to show
their love for the greening of aviation, aerospace, and
airports sometime in the future when we have a hearing. I look
forward to everyone's full support for things we need to do,
including having been mocked on the floor of the House 10 years
ago for introducing even a sense of Congress for an emissions
training system during the cap and trade debate. I am glad we
are all catching up to where I am. I appreciate that.
So with that, I recognize for 5 minutes Representative
Norton from the District of Columbia.
Ms. Norton. Thank you, Mr. Chairman.
I think it is important that you quickly held this hearing
so we can learn from it, particularly since we don't know if
there is going to be another shutdown.
And I would like to ask about the actions of the industry
in preparation for shutdowns. I suppose I should go to Mr.
Calio first.
Everyone saw the shutdown coming. We just couldn't believe
it would really occur, but there it was. And, of course, there
have been shutdowns in prior years repeatedly, and we have been
unable to stop them. I don't know whether some of the bills
that are coming forward will ever have that effect because
there are some negatives to those bills as well.
So in seeing this shutdown coming, were there actions that
the industry took or could take?
And in light of the fact that although we believe the
current bill will be signed, are there actions being taken in
preparation for a possible shutdown as we speak here today?
Mr. Calio. Thank you, Madam Congresswoman.
Yes, from our perspective there is always planning
operationally and what we can do in which we have to anticipate
what will happen with the rest of our partners in the aviation
community as a shutdown progresses and how we can make it up.
Frankly, there is a lot of piecing and patching that takes
place to try to get airplanes in the air, to keep airplanes in
the air, to handle the fact that we can't get new planes
certified, the fact that we can't get airworthiness directives
approved, the fact that the FAA inspectors are out of the
system, you know, who we welcome because we need and want the
oversight.
So a lot----
Ms. Norton. You will be flying during a certain shutdown.
Mr. Calio. Yes, we will.
Ms. Norton. So are there actions with planes going to be in
the air that you take or must take when you know that there is
going to be a shutdown?
Mr. Calio. Yes, we have to take overall account for what is
going to be in the system and what the level of capability is
to fly what number of planes and which number of passengers.
Ms. Norton. So if there is going to be shutdown with
various parts of your staff or various parts of the system, I
should say, not being paid and, therefore, not sure that they
will be there, are there actions that are taken considering
that planes do not stop circulating during that time?
For example, are there fewer planes in the air? We were
told that there were long periods of times when planes could
not safely land. Those are the kinds of safety issues I am
interested in.
Mr. Calio. Well, what happens is, depending on the
capability of the rest of the system, what the FAA will do is
decrease the number of planes in the air; will stretch out the
timing between flights, all of which slows the entire system
down; and----
Ms. Norton. And decreasing the number of planes, it may
mean you have to cancel some flights?
Mr. Calio. Yes, absolutely, which has a terrible impact on
the people who are trying to fly, for the people and businesses
that are waiting for their packages, and all of the knockon
effects for the surrounding communities for people not flying,
not going to hotels.
It all in all is a bad situation. Again, what we need to do
is look forward and pass a bill like H.R. 1108, which will
prevent any future shutdowns in this industry and allow for
stable funding so we can make long-term plans rather than have
to plan for shutdowns.
Ms. Norton. Do any other witnesses have anything to say?
Mr. Rinaldi. I would just add to that every time we
approach a lapse in appropriations in the FAA, about 2 weeks
out we start scaling down our modernization activity. We
certainly start looking at our list of who is essential/
nonessential, who is going to be coming to work, and basically,
we stop moving the organization and the industry forward
because we actually have to take a step back to actually
prepare for the incoming shutdown or the eventual shutdown if
it happens.
And all too often in high drama, Congress will pass it on
the 11th hour and give us another 2 weeks. Well, all that does
is give us another 2 weeks to prepare for another shutdown
because those lists change all the time.
It is an endless circle with the hamster just pawing away
going nowhere because we are preparing for shutdowns. It is
ridiculous. It needs to end.
Ms. Norton. I just want to thank all of our witnesses who
had to confront this shutdown, that you were able to keep the
United States of America safe in the air during the shutdown.
So we owe you.
Thank you, Mr. Chairman.
Mr. Larsen. Thank you, Representative Norton.
I move to now grant 5 minutes to Representative Carbajal of
California.
Mr. Carbajal. Thank you, Mr. Chair.
And thank you for being here and sharing with us the
important work the industries and the workers you represent do
day in and day out to keep us all safe.
Mr. Rinaldi, in your testimony, you mentioned the personal
toll the 35-day shutdown took on air traffic controllers. In my
district, I represent three airports, Santa Maria, Santa
Barbara, and San Luis Obispo, community airports.
I personally met with a number of air traffic controllers
and other airport workers in my district who echoed some of the
same concerns you outlined in your testimony. Many were anxious
as to when their next paycheck would come or when the shutdown
would end.
For some of the workers in my district, this took an
extraneous toll on their personal lives, as some were
recovering from losing friends and family members or homes
during the Thomas fire and Montecito debris flow.
Can you speak further how the shutdown impacted staffing
for smaller community airports?
Mr. Rinaldi. Yes, sir. Thank you, and thank you for your
passion for our members.
Certainly, I am assuming you are talking about Trisha
Pesiri-Dybvik, which has been out there. She lost a home. They
lost everything they had during the fires. Then to continue to
come to work and not get paid while they are trying to rebuild
their home a year later is devastating and demoralizing.
And it is around the country. It is not just at our core 30
airports or our large en route centers or our core 30 TRACONs.
It is every airport out there. Controllers showed up every day
to maintain the safety of the National Airspace System, with
the uncertainty of when they were going to get a paycheck, and
it weighed on them and they were doing side jobs just to put
food on the table. And they didn't know how long it was going
to last because there was a lot of rhetoric that was going on
that this could go on for months or years, and people were
really, really concerned at that point.
Mr. Carbajal. Thank you, Mr. Rinaldi.
Mr. Bunce, this shutdown took a huge toll on our economy.
Could you share with us a little bit of the impact that this
shutdown had on the manufacturing, aviation manufacturing
industry?
What did it do to many of those production lines? What was
the fiscal impact?
Mr. Bunce. Again, it is because each company has a
different level of activity and where they are in a production
process of new aircraft. It could be all from one company was
very close to bankruptcy to another company that was just
burning a tremendous amount of cash, but they had more product
lines to be able to absorb it.
So I cannot give you a quantification of the overall dollar
amount of impact, but what you really do in that situation is
you hurt our ability to be able to service markets all over the
world because if you look at content-wise, most of the aircraft
that are delivered in this very competitive marketplace have a
lot of U.S. content.
So one example, there is an Italian company during the
shutdown that was supposed to have FAA test pilots come over
and fly the test aircraft in icing conditions in Europe so that
they could deliver to a U.S. airline that is here on the east
coast. Those aircraft have a significant amount of U.S.
content.
Now, all of that flight tests now, they do not know when
they are going to be able to get it done, and they may miss the
icing season that they needed to be able to get those tests
done.
So even what is happening overseas is impacting U.S.
companies here because of the global nature of our trade back
and forth.
Mr. Carbajal. Thank you.
Clearly, we have been told that the impact was over $11
billion to our economy, $3 billion of which we will not be able
to get back. That was part of our GDP.
So thank you for sharing, and thank you all again for the
work you do and those you represent.
Mr. Chair, I yield back.
Mr. Larsen. Thank you, Representative Carbajal.
Now, I will do a second round of questions, and I will
start by recognizing Mr. Graves for 5 minutes.
Mr. Graves of Louisiana. Thank you, Mr. Chairman.
Mr. Rinaldi, do you believe that the FAA is going to hit is
fiscal year 2019 targets for training controllers?
Mr. Rinaldi. For training controllers or hiring
controllers? For hiring through the academy?
Mr. Graves of Louisiana. I am trying to remember their
target. Was their target for training or hiring?
Mr. Rinaldi. It is for hiring through the FAA Academy.
Mr. Graves of Louisiana. OK. For hiring then.
Mr. Rinaldi. I believe they are going to struggle to make
that. They are going to try, but I think through the process
and through the limited seats in the classes out in Oklahoma
City, they are certainly going to try, but I think they are
going to miss their target this year.
Mr. Graves of Louisiana. Do you have any suggestions or
recommendations on what we could be doing, I guess more
specifically, what the FAA could be doing to address the
failure rate of those graduating from the academy?
Mr. Rinaldi. The failure rate is actually at the academy to
screen, right? So, you know, we much prefer that we would
screen them out at the academy than to bring people that quite
possibly are not qualified into our facilities and train them
on live traffic if they do not have the skills and the aptitude
to become a certified air traffic controller.
So those screens that are happening out in the academy
roughly depending on the class, it goes from 50, 60 sometimes
success rate. I think that is a good path because the end
product we are seeing out of the academy, we are seeing a
higher success rate at our larger facilities.
Mr. Graves of Louisiana. Thank you.
Mr. Perrone, do you have any other ideas on things we could
be doing to help address or, I guess, mitigate some of the
safety impacts that you have raised from the shutdown?
Mr. Perrone. Thank you.
And I think the biggest thing is keep the Government open,
keep people employed, and making it where they want to come to
the agency and continue to keep the safest system in the world.
You know, the FAA reauthorization bill has some training
and staffing models that we haven't gotten to yet because we
were just starting and then the shutdown occurred. So we need
to get involved in that.
It is just important that the Government stays open. You
know, we have people that go to Oklahoma City and get trained
at other locations continually throughout their career. It is
not a one-time event. So the academy has to stay open for
people to get trained.
New equipment comes onboard. They have to get out there to
get trained and then go back and get on-the-job training and
certification of equipment.
So it is a continuing process for us. It is not just a one
time here is a new-hire and that is it. Myself, I spent over
2\1/2\ years in the academy in training. So it is important to
keep everything going.
The FAA reauthorization bill has training that we want to
work with the FAA on other ways or avenues of getting them
trained, locally, colleges, other events. So we appreciate
keeping the Government open.
Mr. Graves of Louisiana. Thank you.
Ms. Nelson, I believe other folks commented on the
performance, FAA leadership. I am just curious if you had any
reaction in regard to their performance or suggestions on how
things could be done differently in the event we would run into
an awful situation like this in the future.
Ms. Nelson. I appreciate the leadership of the FAA, and
certainly of all the people who came and tried to keep the
system running and make it safe. When they talk about pulling
down capacity and efficiency, that is a direct impact on my
members' jobs.
And the conditions that the air traffic controllers were
describing here that they were put in, where they were having
to make a determination to keep the system safe, that that
efficiency rate would have to go down. The capacity rate would
have to go down and could result in massive furloughs for
airline workers and a cascading effect from there.
So we actually appreciate Administrator Elwell's very close
watch on this and work with us, but the fact of the matter is
that we were hearing both out of the FAA and the TSA that the
only way to keep us safe is to have certain long-term funding.
Mr. Graves of Louisiana. Thank you.
Lastly, Mr. Chairman, I just want to make note there were a
few comments about the shutdown that were made, and I want to
commend and associate myself with the comments from Mrs. Craig
regarding the Members not being paid.
And I think also her comments regarding Members having to
show up, mandatory showing up 7 days a week, I think that is
absolutely, absolutely what needs to happen.
And let me just go back, and I want to thank all of you. I
want to thank the people you represent and say it again. I
think it is awful that the folks who were impacted by this
didn't deserve it, and they couldn't solve it. I think that is
wrong.
And I think for us to continue to be paid under that
scenario is inappropriate. It takes two sides to any
negotiation, and while Chairman DeFazio and Mr. Larsen have
introduced legislation that mitigates this impact in the
aviation industry, I do think that we need to be focusing more
broadly on shutdowns as well.
So thank you all very much for being here.
Mr. Larsen. Thank you, Representative Graves.
So just to wrap up, I have a question and a couple of other
additional comments. The question I have is for Ms. Nelson.
Would you like to clarify your comments on the general
strike and what that actually means?
Ms. Nelson. I would be happy to.
So we have called for a general strike in response to this
shutdown, and the reason for that is because nowhere in private
industry would anyone come to work without getting paid.
Through all of the pain that we went through as aviation
workers during the bankruptcies, the first day order in those
bankruptcies was to make sure everyone got paid, and there was
no determination of who was essential and who was nonessential.
The only way to keep the business running is to have everybody
chip in and make sure that it works and make sure that people
get paid.
So we had 2 million people who were not getting paid here
and others who were forced to come to work without pay. This
was unprecedented, and we believe that it requires an
unprecedented response.
So we were calling on all workers to talk about a general
strike in response to this. If Congress can't do their job and
can actually or if Washington can't do its job and can actually
put us in a position where people are thrown into hopelessness,
2 million American workers and the rest of us who were feeling
the impacts of that, where this doesn't happen anywhere else in
the country, where we have said over and over again that we do
not agree with making people come to work without getting paid,
then it requires an unprecedented response from the American
people.
And so we know that maybe we are not ready to have a
general strike. We haven't even talked about it in this country
for over 50 years. We believe that the conditions were that
serious that we needed to talk about it.
Separately, our members will continue to assess the
conditions at work if there is a continued shutdown, and in
situations where we believe that it is unsafe, we will withhold
our service and not go to work and make sure that the American
people are safe.
Mr. Larsen. Thank you.
I just ask unanimous consent the following items be entered
in the record of today's hearing: two additional written
statements from the National Business Aviation Association, and
the Regional Airline Association.
Without objection, so ordered.
[The information follows:]
Statement from the National Business Aviation Association, Submitted
for the Record by Hon. Larsen
Chairman DeFazio, Ranking Member Graves and members of the
Committee on Transportation and Infrastructure, thank you for holding
this important hearing to address the significant challenges faced by
the entire aviation system during the most recent 35-day partial
government shutdown. On behalf of our 11,000-member companies, the
National Business Aviation Association (NBAA) is pleased to submit this
statement.
The United States has the largest, safest and most diverse aviation
system in the world, and this system functions so well thanks to tens
of thousands of dedicated Federal Aviation Administration (FAA)
employees. While much of the discussion during the most recent shutdown
focused on our traffic control system, there were also negative impacts
on the general aviation industry. General aviation annually contributes
$219 billion to the U.S. economy and provides more than 1 million jobs,
many of which are dependent on a fully-functioning FAA.
One of the major challenges for NBAA members during the shutdown
was reduced staffing at Flight Standards District Offices (FSDO). While
certain aviation safety inspectors were deemed essential and worked
without pay during the shutdown, the reduced staffing meant that only
safety-critical functions could be performed. Safety is of course the
number one priority; however, FSDOs perform other functions that
general aviation operators rely upon to conduct their business.
This meant that during the most recent shutdown, Part 135 air
charter operators were unable to add new aircraft to their fleets. For
NBAA member company Jet Logistics Inc., which transports human organs
for transplant using Part 135 aircraft, this presented a significant
challenge. The company was prepared to add two new aircraft to its
charter certificate as there is a growing need for operators who are
qualified to conduct organ-transplant flights. However, due to the 35-
day shutdown, the two new aircraft, representing a $12 million-dollar
investment were grounded, halting transplant flights.
For another Part 135 operator that provides cargo flights to a
small community lacking service from larger carriers, the shutdown
reduced their ability to provide service. In order for its pilots to be
qualified and meet FAA requirements, the operator needed a check airman
that had a current authorization. During the shutdown, this
authorization could not be issued, and the operator was forced to
ground four of its five cargo aircraft. This had serious financial
consequences for both the cargo company and the clients that rely upon
its service.
For flight training providers, the shutdown resulted in delays and
slowdowns that reduced the number of qualified pilots available to the
industry. To issue pilot certificates, flight training providers
require regular authorizations from the FAA, and these could not be
renewed during the shutdown. The inability of training providers to
issue certificates had the potential to halt pilot training and prevent
aircraft from having the necessary crews to operate.
During the shutdown, the qualifications for training center
evaluators also expired and there was a backlog for approval of flight
simulators. This made it impossible for organizations to conduct
critical training activities, resulting in negative economic impacts.
Training providers work in close partnership with the FAA, and for this
system to generate qualified pilots, there simply cannot be extended
government shutdowns where critical authorizations expire.
With passage of the FAA Reauthorization Act of 2018, the FAA
Aircraft Registry was deemed essential, meaning that dedicated registry
staff worked without pay during the shutdown. This change allowed
aircraft transactions to continue, and NBAA appreciates the leadership
of this committee in working to deem the Aircraft Registry as
essential. However, although the registry was operating, the Office of
Aeronautical Central Counsel was closed during the shutdown. This meant
that aircraft registrations requiring a FAA legal opinion, including
those involving limited liability corporations and trusts, could not be
processed. Many companies utilize these structures for regulatory
compliance and the inability to secure FAA legal opinions delayed
aircraft being placed into service.
With the far-reaching impacts of the 35-day government shutdown on
general aviation, NBAA supports a targeted solution to providing the
FAA with funding certainty. We thank Chairman DeFazio and Aviation
Subcommittee Chairman Larsen for their leadership in introducing H.R.
1108, the Aviation Funding Stability Act of 2019. Under this bill, the
FAA would be permitted to use funds from the Airport and Airway Trust
Fund to continue operations and pay employees during a shutdown. With
balances in the trust fund growing, this approach provides funding
certainty, while maintaining congressional oversight of our nation's
airspace system. NBAA supports this legislation which ensures our
aviation system continues to operate safely and efficiently.
The 11,000-member companies with NBAA appreciate the dedication and
commitment of FAA employees during the extended shutdown. Through their
work, our system continued operating, but we must understand the
significant consequences and work to avoid another FAA shutdown in the
future.
Statement from Faye Malarkey Black, President and Chief Executive
Officer, Regional Airline Association, Submitted for the Record by Hon.
Larsen
The Regional Airline Association (RAA) would like to express strong
support for the February 13, 2019 Aviation Subcommittee hearing
entitled, ``Putting U.S. Aviation at Risk: The Impact of the Shutdown''
and submits this written testimony to convey that another government
shutdown would carry severe and unsustainable consequences for RAA's 22
regional airline members and the 153 million passengers we serve each
year.
As you know, the U.S. aviation system drives $1.6 trillion in
annual economic activity and supports 10.6 million jobs, with $446.8
billion in earnings. Regional airlines play a critical role in
upholding this system and operate 41 percent of all commercial airline
departures. Further, fully 409 airports (about two-thirds of our
nation's commercial airports) are too small to support air service from
larger airlines with larger aircraft, yet still need reliable air
service to connect with loved ones, business contacts, travel
destinations and the global economy. For these 409 airports, regional
airlines provide the only source of scheduled, commercial air service.
Regional airlines therefore play a singular, critical role for smaller
communities and this air service to smaller communities also supports
the nation's economy writ large. In fact, regional airline service to
the nation's smallest airports alone (non-hub and small hub) drives a
conservatively estimated $134 billion in annual economic activity and
supports more than 1 million jobs, with $36.4 billion in earnings.
We appreciate the committee's leadership in holding this hearing
today. RAA is gravely concerned at the prospect of another shutdown on
February 15 and the negative impact this would carry for the commercial
aviation system. While RAA firmly believes the best scenario is
avoiding future shutdowns altogether, we are especially grateful to
Transportation and Infrastructure Committee Chairman DeFazio and
Aviation Subcommittee Chairman Larsen for introducing H.R. 1108, the
Aviation Funding Stability Act of 2019, to protect the U.S. aviation
industry during any future shutdowns that do take place. We endorse and
support this targeted approach, which assures stability and the
continued safe operation of the aviation system in the event of another
shutdown.
consequences for regional airlines during government shutdown
As you know, airlines, along with employees at the Federal Aviation
Administration and Transportation Security Administration, are still
overcoming the impacts of the previous shutdown. RAA and its members
are deeply grateful to the dedicated professionals at the FAA, TSA and
Customs and Border Protection who kept air travelers safe and secure
despite missed paychecks and the accompanying financial hardship, as
the shutdown continued. You already know some of the serious impacts on
the FAA and the Transportation Security Administration, as the shutdown
forced air traffic controllers to slow the flow of flights in the
airspace to maintain high safety standards and led to long lines at
security checkpoints at U.S. airports. In addition to these highly
visible impacts, regional airlines experienced other shutdown-related
consequences that impacted our operations and passengers. Future
government shutdowns would bring these same consequences and more, with
problems compounding as the duration extends.
furlough of safety reporting and oversight professionals is
unacceptable
The FAA is a safety organization and therefore, all FAA functions
are essential. During the last shutdown, FAA employees responsible for
safety and reporting systems were furloughed. Additionally, guidance
for the agency's Certificate Management Office (CMO) was interpreted
inconsistently across field offices, and it was unclear which essential
functions employees could perform. Due to this confusion, offices
responded differently to non-emergency--but still difficult--situations
encountered by air carriers. Over the course of the 35-day shutdown,
guidance was clarified, and consistency improved. However, if
subsequent shutdowns cannot be prevented, then essential and non-
essential functions must have a clear definition, so individual
Certificate Management Office professionals are not left to interpret
which functions are essential and which are not.
pilots training, certifications and upgrades were delayed or disrupted
Because regional airlines are the career entry point for most Part
121 commercial airline pilots, our members are constantly hiring. Pilot
demand is at an unprecedented high, and major airline hiring has led to
high attrition and the need for a dynamic workforce. During the
shutdown, the FAA was unable to issue new student pilot certificates,
unable to participate in check rides, unable to administer the ATP
written test for new pilots, unable to certify new Advanced
Qualification Program (AQP) providers and unable to certify new Aircrew
Program Designees (APD), which constrained training for countless
prospective pilots and exacerbated a pilot shortage that is already
seriously straining smaller U.S. communities. Carriers were also unable
to upgrade pilots to new positions (from Second in Command [SIC] or
First Officer, to Pilot in Command [PIC] or Captain) during the
shutdown.
New hire training was further delayed or halted because the FAA was
unable to process mandated pilot background checks through the FAA-
provided data base during the shutdown. While some airlines were able
to use the online Pilot Records Data base tool during the shutdown,
others experienced access problems and were unable to obtain these
records. This created an uneven playing field when some carriers could
gain access and others could not. Many regional airlines also have
Extended Envelope Training programs, training manual revisions, and
Advanced Qualification Program curriculum awaiting FAA approval. The
shutdown delayed these approvals and their timely incorporation into
pilot training programs.
This complex matrix of observations and checks required to inspect
qualifications of all pilots in various phases requires timely renewals
and certification by the FAA in its role and of those authorized to
provide the same. When one part of the system is delayed, there is a
cascading effect on the entire system. In this way, the shutdown
delayed planned operations and, in some cases, grounded pilots.
shutdown impacted aircraft certification and delayed new routes
Airlines had difficulty or were unable to place new aircraft into
service because the FAA did not have the resources to authorize new
aircraft, leading to service disruptions and, in some cases, delayed
starts of planned routes. Airlines must gain FAA approval to start new
routes or increase frequency on existing routes. This is routine, and
flight tickets are often sold well in advance with the understanding
that new aircraft will be able to flow into the network. A shutdown
disrupts this process because critical FAA certification and oversight
work that is required to add aircraft to fleets is delayed or halted.
This has resulted in substantial revenue losses for airlines and
service delays for communities. One regional airline is currently
adding up to five new aircraft per month; if those aircraft cannot
enter service, up to 30 flights daily may be disrupted. For small and
non-hub airports with more limited connections to the air transport
network, such as Essential Air Service (EAS) communities, these delays
can have particularly devastating economic consequences. Unlike larger
markets, these airports don't have a range of other service options to
mitigate the consequences of disrupted air service. Passengers and
businesses simply go elsewhere, and it is unclear if these communities
can recover from a protracted shutdown.
conclusion
A healthy, reliable and safe aviation system is only possible with
the collaboration and cooperation of all aviation stakeholders and the
Federal Government. Another shutdown would again seriously impact
airline operations and should be avoided. However, if a shutdown cannot
be prevented, steps must be taken to ensure the full operation of the
FAA throughout.
The Regional Airline Association stands ready to support the
Committee in its work to bring certainty to the commercial aviation
industry and the Federal workers who support it, giving passengers
confidence that airline operations will continue and their future
travel plans will not be disrupted.
Thank you for this opportunity to provide comments.
Mr. Larsen. And finally, I just want to note about the
National Transportation Safety Board had to furlough employees.
The NTSB is the independent agency responsible for
investigating transportation accidents and advocating for
safety improvements. It stopped work on more than 1,800 ongoing
general aviation and limited aviation safety investigations,
and it prevented the Board from working with the FAA to
investigate 15 general aviation accidents that occurred during
the 35 days.
So we want to be sure that was clear in the record.
If there are no further questions from the subcommittee and
seeing none, I would like to say thank you to the witnesses for
your testimony today. Your contribution to today's discussion
has been informative. It has been helpful, and I hope we have
set down into the record what the impacts of a shutdown is on
aviation and aerospace.
I ask unanimous consent that the record of today's hearing
remain open until such time as our witnesses have provided
answers to any questions that may be submitted to them in
writing.
And I ask unanimous consent that the record remain open for
15 days for any additional comments and information submitted
by Members or witnesses to be included in the record of today's
hearing.
Without objection, so ordered.
If no other Members have anything to add, the subcommittee
stands adjourned.
Thank you.
[Whereupon, at 12:20 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Statement of Hon. Stacey E. Plaskett, a Delegate in Congress from the
Virgin Islands
Thank you, Chairman DeFazio, and thank you to all the witnesses for
your testimony.
The 35-day Trump shutdown had a significant, real-world impact on
the Virgin Island Port Authority's readiness, ability to receive
passengers efficiently and safely, and capacity to meet FAA's consent
decree requirements. The 35-day shutdown worsened an already tenuous
situation at the Territory's airports.
To date, the V.I. Port Authority has not been able to receive any
feedback from the FAA on the status of its two applications for FAA
natural disaster funding. . .all attributable to the 35-day Trump
shutdown. These applications are for our two airports; one located in
St. Croix, the second located in St. Thomas. This $400 million in
potential airport improvement program funding would provide both
airports in the Virgin Islands sorely needed dollars for expansion and
modernization projects.
Finally, long overdue repairs to the Instrument Landing System at
our airport in St. Thomas has been delayed indefinitely because the FAA
Tech Ops Department was furloughed during the shutdown. As everyone is
acutely aware, my District was ravaged in 2017 by two category five (5)
hurricanes. The impact of the 35-day government shutdown is
immeasurable and we cannot afford another Trump shutdown as the Virgin
Islands continues rebuilding its economy and a better, more resilient
infrastructure.
Statement of Hon. Greg Stanton, a Representative in Congress from the
State of Arizona
Mr. Chairman, thank you for holding this important hearing today to
examine the impacts to the Federal Aviation Administration (FAA) of the
recent 35-day partial government shutdown. I want to thank each of the
witnesses for being here today and for sharing with us some of the
impacts that resulted from the shutdown.
The government shutdown impacted 800,000 Federal workers across the
country and had an $11 billion impact on our economy according to the
Congressional Budget Office.
The shutdown not only impacted air traffic controllers who worked
long hours without pay, it also halted safety inspections and many
other critical functions the FAA is charged with to keep our air system
safe, secure, and efficient. The shutdown also had a ripple effect that
extended beyond that to airlines, general aviation, airports,
manufacturers, and passengers.
Last year, Phoenix Sky Harbor Airport hit a record for the number
of passengers it served, more than 44.9 million, a 2.3 percent increase
compared to 2017. And the Mesa Gateway Airport also saw a record
setting year for passengers. To keep these passengers on the move and
the air system running as it should, our Federal employees from air
traffic controllers to Customs officials to security screeners are
vital and without them, everything would come to a halt.
As someone who travels every week by air, I am thankful for the
dedicated service of our Federal employees during the very difficult
and challenging time of the shutdown. They performed admirably, and I
appreciate the community in my state for coming together to support
them. They should not have had to go through this and it is important
we look for solutions to prevent this situation from happening again.
It is vital that the FAA be able to function without interruption to
ensure the safety of our air system and those passengers traveling
through our nation's airports, like Sky Harbor and Mesa Gateway.
I want to thank the Chairman DeFazio and Chairman Larsen for the
proposal they have advanced--the Aviation Funding Stability Act--which
I support and have cosponsored, to make sure the FAA is funded during a
government shutdown by allowing it to tap the resources in the Airport
and Airway Trust Fund. This would allow the FAA to keep operations
funded and make sure our dedicated Federal employees are paid for their
work. We shouldn't have to resort to this type of legislation, but it
is clear we need to find a reasonable way forward should we ever be
faced with another government shutdown.
Mr. Chairman, thank you again for holding this important hearing
and for our witnesses here today.
Statement from the American Federation of Government Employees,
Submitted for the Record by Hon. DeFazio
February 12, 2019.
U.S. Representative Peter A. DeFazio
Chairman, House Transportation/Infrastructure Committee, Washington,
DC.
U.S. Representative Rick Larsen
Chairman, House Aviation Subcommittee, Washington, DC.
Dear Chairman DeFazio and Chairman Larsen,
Our AFGE Local Bargaining Unit represents approximately 310 Federal
employees at the Federal Aviation Administration William J. Hughes
Technical Center in New Jersey. Our employees perform essential support
of the National Airspace System (NAS). Air Traffic Control personnel
rely on us for the deployment of new and improved NAS products and on
expert repair and restoration services when Air Traffic Control systems
fail.
We first wish to express our appreciation for your efforts to ward
off FAA Privatization over the past years. Your subject matter
expertise and advocacy resulted in Non-Privatization legislation
essential to the FAA labor force.
You are both keenly aware of the risks to the FAA Mission,
America's flying public, and the tens of thousands of FAA employees and
stakeholders resulting from the Federal Government Shutdown of 2018/
2019. We have become aware of your 02-13-19 ``Putting U.S. Aviation at
Risk: The Impact of the Shutdown'' hearing.
We now write to you with a sense of urgency. We have unique insight
on the Shutdown effects on the FAA Mission/Operations, on the Technical
Center Community, small businesses and the economy of Southern New
Jersey. AFGE Local 200 organized two Public Awareness Events bringing
together Senator Menendez, Congressmen Norcross and Van Drew, four
Unions, the FAA Managers Association, small businesses and most
importantly Federal and contractor employees to share their hardships
(all while meeting the FAA Mission).
https://www.pressofatlanticcity.com/news/breaking/Federal-
workers-rally-for-
return-to-work-paychecks/article_47ad152f-6f40-56f0-be94-
fe8a78628dbe.html
Please consider including AFGE 200 in deliberations on protecting
the FAA from shutdowns as well as short term ``CRs''. We are capable of
giving fact and data based input, as well as the human/community cost
of FAA shutdowns as shown in the attached statement submitted for
consideration in tomorrow's hearing.
statement for consideration regarding house aviation hearing: ``putting
u.s. aviation at risk: the impact of the shutdown''
Good Day Chairman Larsen and Ranking Member Graves,
AFGE Local 200 represents approximately 310 Federal employees at
the Federal Aviation Administration (FAA) William J. Hughes Technical
Center located at Atlantic City International Airport, New Jersey.
Our employees are assigned to three Lines of Businesses in the
FAA's Air Traffic Organization (ATO). They are: En Route & Oceanic
Services, Terminal Services and Technical Operations.
Our employees perform Air Traffic System Hardware, Software and
System Administration Engineering and Test, as well as Field Support
and Restoration of the FAA National Airspace System (NAS). The systems
used by Air Traffic Control personnel rely on us for the deployment of
new and improved NAS products, expert repair and restoration services
when systems fail.
Our prior organization was simply known as ``Operational Support''.
Our motto was ``AOS Makes It Work''. The same is true today. And we
keep it working. Even during Shutdowns.
executive summary
Furloughs offer no benefits to America. Quite the contrary. The
calculated monetary cost of FAA Shutdowns is great. But worse, there is
long-term decline in confidence, increased fear and uncertainty, and
rising pessimism in the FAA Mission and among its workforce. The FAA
value to the flying public and taxpayer can be lost.
FAA Shutdowns have directly resulted in failed privatization
efforts. The Agency and our workforce had wrongly been held accountable
for slipping schedules and cost overruns. Such artificial and unfounded
findings have cut into morale, staffing/retention, and public
perception of our workforce. Our mission suffers from Shutdowns.
the unique faa shutdown problem
Since 1995 when the FAA was authorized as an ``Excepted Agency''
under Federal law, the FAA has been shut down more than any other
Federal Agency. We have been shutdown for long duration large
appropriations lapses affecting multiple Executive Departments and
Agencies. The recent damaging Shutdown being the worst. These
``appropriation'' events always involve non-aviation industry, non-FAA
issues. As well, we have been shutdown individually as an Agency
multiple times. For these ``FAA reauthorization shutdowns'', some have
been over aviation issues while others have not.
Risking the integrity of the FAA Mission, NAS Modernization and NAS
Operations during unrelated political fights is harmful to all three,
to the flying public and to the American taxpayer. And though FAA
Reauthorization requires robust debate to reach good business sense and
structural/organizational improvement, shutdowns would only complicate
meeting our mission.
the unique faa technical center shutdown problem
The Technical Center is largely not an operational facility. The
main Technical Center function is to research, engineer, test and
certify new NAS system and safety technology. Our workforce is split
between Federal and contractor Subject Matter Expert employees. In the
recent shutdown, AFGE 200 roughly estimates there were:
1,000 Federal Employees working without pay
1,000 Federal Employees furloughed without pay
1,000 Contractor employees layed off immediately or
incrementally who who get no back pay
With the Technical Center the hub of Southern New Jersey
Technology, many of our employees are spouses. Moms and sons. Dads and
daughters. Families. Both or more may be ``Feds''. Or Contractors. Or a
mix. The bottom line is that many families will lose income. Sometimes
two incomes. Many times, the loss is for good.
Then there are the small businesses, many of them being minority or
female owned. These businesses do not have `corporate cash reserves'.
What comes in, goes out. In many cases, finance and contracts
processers were furloughed meaning several companies got paid nothing
for work already performed before the Shutdown.
One community impact is our Daycare facility known as ``The Little
Flyers Academy''. It is a non-profit entity. With little cash reserves
and while trying to defer employee payments due to losses of income,
``Little Flyers'' almost had to lay off staff. Had layoffs occurred,
``Little Flyers'' may have lost its State certification to operate.
Further community and Small Business impacts can be addressed under
separate cover.
the unique faa nas operational support and afge 200 employee shutdown
problem
As stated, our lines of business deploy of new and improved NAS
products. This is often under the purview of Facilities & Engineering
funding which is cutoff during shutdowns. We also perform expert repair
and restoration services when systems fail. This is under Operations
funding which is deemed ``Essential''.
This causes half of our workforce to be furloughed while the other
is Working Without Pay. This is indeed unique in the FAA. Virtually all
FAA Controllers of NATCA and the System Specialists of PASS work
without pay. Our workforce is split between ``Essential'' and ``Non-
Essential'' leading to inconsistencies and arguments over what is
essential. A resulting morale issue is hard to measure because of the
professionalism of our workforce. But though management must take the
`inequity' into account, there is no mechanism to do so.
the shutdown effect on modernizing the nas
On top of direct monetary shutdown losses, impacts to the many
Operational and Acquisition programs under FAA responsibility must be
considered. The calculations of the lost time and funds on these
projects adds complex program and financial analyses not accounted for
in program baselines. All time lost or expended is money lost.
Critical National Security Fixes, the modernization of existing
programs, the development of new more efficient systems and programs
all come to a halt. Shutdowns postpone efforts to improve the programs
and systems. A shutdown even of a couple weeks can delay progress by
months, therefore delaying the improvements critical to many systems
currently fielded. When work stops, the trickledown effect can be felt
in every aspect of the Government and our vendors/stakeholders. And
short term ``CRs'' continuing delaying this work.
Finally, when Human Resources and Contract process overhead is
added to our work, our core mission focus is not optimal. Through no
fault of their own, employees/managers face pay, benefit, allotment,
unemployment, unemployment repayment, leave accrual, canceled
vacations, use or lose recovery issues. And worse.
AFGE Local 200 Conclusion--The FAA should never be Shutdown again.
Respectfully Submitted--The Officers and Employees of AFGE Local
200
Appendix
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Questions from Hon. Steve Cohen for Paul M. Rinaldi
Question 1. In your testimony, you mentioned that the Federal
Aviation Administration (FAA) scheduled the ASDE-X Taxiway Arrival
Prediction (ATAP) Alerting System to be enabled on March 31, 2019, at
the Memphis International Airport. This new technology enables air
traffic controllers to detect potential runway conflicts by providing
detailed coverage of movement on runways and taxiways.\1\ Regrettably,
due to the shutdown, the implementation date of this system has been
postponed from March until June 2019. Can you describe in detail the
financial and staff burdens that this placed and will continue to place
on the Memphis International Airport?
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\1\ https://www.faa.gov/news/fact_sheets/
news_story.cfm?newsId=23154&omniRss=
fact_sheetsAoc&cid=103_F_S
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Answer. There are direct financial and staff burdens related to the
delay in implementing ATAP at Memphis International Airport (MEM). As
the March 2019 implementation was being accomplished, it required staff
from Memphis Air Traffic Control Tower to perform duties related to
that implementation, which means the personnel were not available to
perform their normal air traffic operations duties. In some cases they
were backfilled with overtime to perform the operations duties. The
implementation work must be repeated, which means additional time
during which staffing at MEM will be affected. This delay also led to
unexpected costs.
Question 2a. As you know, the Memphis Air Route Traffic Control
Center has been heavily involved in training for the implementation of
Controller Pilot Data Link Communications (CPDLC), also known as
DataComm. This program allows the National Airspace System (NAS) to
handle more traffic, reduce flight delays, route aircraft more
efficiently and improve safety, all while reducing operational costs
for airspace users.\2\ Because of the shutdown, has the implementation
date of DataComm changed?
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\2\ https://www.harris.com/content/federal-aviation-administration-
faa-data-communications-data-comm-user-information
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Answer. Yes, the implementation date for Enroute Data Comm at
Memphis ARTCC has changed. The original implementation date was
December of 2018. NATCA is currently working with the FAA on a new
implementation date, but at this time Memphis ARTCC is scheduled to re-
start implementation in late 2020, with the goal of January of 2021 as
an implementation date.
Question 2b. Will the completed training on the program have to be
repeated?
Answer. Due to extended delay in the implementation date, all air
traffic controller training related to CPDLC will have to be repeated.
Due to many factors including the need to train our next generation of
air traffic controllers, the decision was made to move Memphis Center
from early in the old Data Comm implementation waterfall to late in the
new waterfall.
Question 2c. Can you describe in detail the financial and staff
burdens that this placed and will continue to place on the Memphis Air
Route Traffic Control Center?
Answer. Memphis ARTCC, like many FAA facilities, has staffing
challenges. Any and all additional tasks placed upon the workforce,
which includes much more than just Data Comm, place a burden on
staffing by removing air traffic controllers from operational duties
for a period of time to complete the other task. In many cases, this
requires back-fill overtime for the operational positions. Memphis
ARTCC had already begun training on CPDLC, which took employees out of
the operation and required staffing to be reallocated. With the new
timeline and the need to re-train all employees, all financial
expenditures from initial workforce training were in vain and like the
training itself, the expenses will have to be born again.
Questions from Hon. Henry C. ``Hank'' Johnson, Jr. for Paul M. Rinaldi
Question 1. Instead of heeding the desperate pleas of our fellow
Americans, President Trump doubled-down on the shutdown and stated,
``Many of those people that won't be receiving a paycheck . . . agree
100 percent with what I am doing.'' Is there any evidence within your
membership that most federal workers supported a government shutdown in
exchange for a down payment on a border wall?
Answer. NATCA did not poll our membership on this subject. NATCA
represents its members on issues related to collective bargaining,
workplace rights, employee benefits, and the safety of the National
Airspace System.
Question 1a. Did President Trump meet with your organization during
the shutdown to support this claim?
Answer. NATCA members contacted the Administration and Members of
Congress to urge them to end the shutdown.
Question 1b. Did your organization make a public statement to
support this assertion?
Answer. NATCA's national and local leadership who spoke publicly
during the shutdown educated the public about the ever increasing
safety concerns related to the shutdown and the stress and fatigue that
the shutdown created for our membership.
Question 2. At the heart of our National Airspace System is
Atlanta's Hartsfield-Jackson International Airport, which handles over
100 million passengers per year. The shutdown ended on January 25th and
Atlanta hosted the Super Bowl on February 3rd. What kind of pressures
and challenges did the shutdown impose to air traffic controllers who
were preparing for air traffic volume like the Super Bowl?
Answer. The partial government shutdown made planning for the Super
Bowl very difficult because the large-scale formal meetings that had
been periodically occurring were stopped. These meetings were attended
by NATCA, FAA, NFL, various airport authorities, fixed base operators,
and any other stakeholders that would have been invited to participate
in the planning for the Super Bowl. At least one formal meeting was
canceled. This meeting would have been used to troubleshoot any
foreseen issues, to better streamline the procedures, and validate any
changes that had been investigated or implemented since the previous
meeting. There was also no training related to Super Bowl operations
provided to the workforce during the majority of the shutdown, which
caused a lot of concern about whether the plan could be executed
properly.
Question 2a. Is it true that air traffic controllers did not
receive critical training and weekly safety meetings during the
shutdown?
Answer. Controllers did not receive any kind of training on Super
Bowl procedures until later in the shutdown. The FAA recalled a number
of non-excepted staff back to work. They were able to quickly produce
and distribute training materials to the workforce and finalize some
last minute planning to make sure we could execute the plan.
Question 2b. Could you detail what kind of information is shared at
these meetings or what kinds of drills are reviewed?
Answer. The formal meeting covered items such as pre-coordinated
arrival routing plans, parking procedures, flow slot time assignments,
Traffic Management Unit restrictions, departure routings and
procedures. There was a great deal of information covered that needed
to be widely disseminated to a number of parties to ensure that
everyone was operating on the same plan.
Question 2c. Do you think this impacted how prepared air traffic
controllers felt prior to the Super Bowl?
Answer. Early on during the shutdown, the controllers absolutely
felt like they weren't prepared for the Super Bowl. Once the FAA
recalled a number of non-excepted employees back to work and we were
able to better prepare, the workforce began to relax and felt better
prepared for the event.
Question 2d. Has your membership expressed whether the FAA
expressed sensitivity to their situation or provided additional support
when possible? Especially in the lead up to the Super Bowl?
Answer. FAA leadership was sensitive to the situation. They were,
unfortunately, unable to help until later in the shutdown when they
recalled a number of non-excepted employees back to work. Those
employees worked diligently to make sure the air traffic control
workforce was as prepared as possible. FAA management held face to face
briefings during team training times, distributed electronic training
materials to the workforce and answered the concerns brought to them by
the workforce. FAA leadership and local management worked
collaboratively with NATCA to make sure all of our concerns were
addressed and all plans and procedures were executed as well as
possible.
Questions from Hon. Stacey E. Plaskett for Paul M. Rinaldi
Question 1. Finally, long overdue repairs to the Instrument Landing
System at our airport in St. Thomas has been delayed indefinitely
because the FAA Tech Ops Department was furloughed during the shutdown.
As everyone is acutely aware, my district was ravaged in 2017 by two
category five (5) hurricanes. The impact of the 35-day government
shutdown is immeasurable and we cannot afford another Trump shutdown as
the Virgin Islands continues rebuilding its economy and a better, more
resilient infrastructure.
Will you speak to what the impact is when an air traffic control
tower is unable to operate its Instrument Landing System? Better put,
how does the lack of this equipment impact the safety of the traveling
public?
Answer. Although the lack of an Instrument Landing System has a
definite effect on an air traffic facility, it doesn't necessarily
affect the safety of the traveling public. The more likely effect would
be a lack of accessibility. An Instrument Landing System (ILS) is
defined as a precision runway approach aid based on two radio beams,
which together provide pilots with both vertical and horizontal
guidance during an approach to land. This allows aircraft to operate
when the weather dictates that visual flight rules (VFR) are unusable.
VFR requires a pilot to be able to see outside the cockpit, to control
the aircraft's altitude, navigate, and avoid obstacles and other
aircraft. Instrument flight rules (IFR) are required when VFR rules are
not available due to weather conditions. When an ILS is unavailable,
aircraft would be unable to operate, unless another IFR procedure is
available.
Questions from Hon. Henry C. ``Hank'' Johnson, Jr. for Michael Perrone
Question 1. Instead of heeding the desperate pleas of our fellow
Americans, President Trump doubled-down on the shutdown and stated,
``Many of those people that won't be receiving a paycheck. . .agree 100
percent with what I am doing.'' Is there any evidence within your
membership that most federal workers supported a government shutdown in
exchange for a down payment on a border wall?
Answer. While PASS did not survey our membership on that particular
question, what was clear is federal employees preferred to be working
and getting paid instead of reporting to work without pay while others
were furloughed.
Question 1a. Did President Trump meet with your organization during
the shutdown to support this claim?
Answer. No, he did not.
Question 1b. Did your organization make a public statement to
support this assertion?
Answer. During the government shutdown our message internally and
externally was consistent: end the shutdown and get federal employees
paid.
Questions from Hon. Stacey E. Plaskett for Nicholas E. Calio
Question 1. In my district air travel is essential to moving off
our islands. Additionally, we presently are heavily reliant on tourism:
cruise ships of course but the larger dollar spending come from those
visitors who come by air and stay. So l am curious as to the change in
the number of people who elected not to travel during the shutdown.
Have we been able to quantify the number of cancelled flights by
travelers?
Answer. Thank you for your question. A4A is not aware of a specific
quantifiable number pertaining to `cancelled flights' by travelers
during the shutdown. Some individual airlines did put financial figures
out on the impact reduced demand had on their operations, but not all.
However, as it pertains to the U.S. Virgin Islands (USVI) market,
as a broad generalization, with respect to leisure travelers, those
consumers traditionally tend to book their trips further in advance
than business travelers. Given the USVI market reliance on tourism,
there is a better chance those trips that were already booked and paid
for were completed during the shutdown since airline operations were
not directly impacted as far as maintaining a normal schedule. To the
extent there was a subset of those leisure travelers who were also
impacted government employees, it would be very speculative to account
for direct cancellations for that reason or to ascertain how many
consumers elected not to travel during that time frame.
As local data becomes available, we would recommend you work with
your local airport officials to determine passenger number fluctuations
compared to previous years for your particular market during that time
period. Local airport officials may be in a better position to have
that data on a real-time basis.