diff --git "a/data/CHRG-116/CHRG-116hhrg35067.txt" "b/data/CHRG-116/CHRG-116hhrg35067.txt" new file mode 100644--- /dev/null +++ "b/data/CHRG-116/CHRG-116hhrg35067.txt" @@ -0,0 +1,5791 @@ + +
+[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. +--------------------------------------------------------------------------- + + 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/. +--------------------------------------------------------------------------- + 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. +--------------------------------------------------------------------------- + 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\ +--------------------------------------------------------------------------- + \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). +--------------------------------------------------------------------------- +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. +--------------------------------------------------------------------------- + \2\ Department of Transportation, Federal Aviation Administration, +Aviation Safety Workforce Plan 2017-2026, p. 25, 2017. +--------------------------------------------------------------------------- + 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. +--------------------------------------------------------------------------- + \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/. +--------------------------------------------------------------------------- + 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. +--------------------------------------------------------------------------- + \4\ Department of Transportation, Federal Aviation Administration, +Aviation Safety Workforce Plan 2017-2026, pp. 46-47, 2017. + \5\ Id., p. 6. +--------------------------------------------------------------------------- + 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.'' +--------------------------------------------------------------------------- + \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. +--------------------------------------------------------------------------- + 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. +--------------------------------------------------------------------------- + \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). +--------------------------------------------------------------------------- + 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\ +--------------------------------------------------------------------------- + \1\ Contributions of General Aviation to the US Economy in 2013, +PricewaterhouseCoopers, February 11, 2015. +--------------------------------------------------------------------------- + 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 + + ---------- + + + 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? +--------------------------------------------------------------------------- + \1\ https://www.faa.gov/news/fact_sheets/ +news_story.cfm?newsId=23154&omniRss= +fact_sheetsAoc&cid=103_F_S +--------------------------------------------------------------------------- + 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? +--------------------------------------------------------------------------- + \2\ https://www.harris.com/content/federal-aviation-administration- +faa-data-communications-data-comm-user-information +--------------------------------------------------------------------------- + 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. + + +