Bipartisan bill aims to pay air traffic controllers during future shutdowns

In a rare show of bipartisanship, congressional representatives from both major parties introduced legislation Tuesday that would ensure air traffic controllers receive their paychecks during future government shutdowns. The proposal comes in the wake of significant flight disruptions that occurred during the recent record 43-day government shutdown.

The bill would fund salaries and operating expenses for the Federal Aviation Administration by drawing from a rarely used $2.6 billion fund originally established to compensate airlines whose aircraft are commandeered and damaged by the government. Sponsors believe this funding mechanism makes their proposal more attractive than alternatives, as it limits the potential cost of providing employee paychecks during shutdowns.

Key sponsors include Republican Rep. Sam Graves of Missouri, who chairs the House Transportation and Infrastructure Committee, along with Democratic Reps. Rick Larsen of Washington and Andre Carson of Indiana, and Republican Rep. Troy Nehls of Texas, who leads the aviation subcommittee.

“We all saw that the system can be vulnerable when Congress can’t get its job done,” Graves stated. “This bill guarantees that controllers, who have one of the most high-pressure jobs in the nation, will get paid during any future funding lapses and that air traffic control, aviation safety, and the traveling public will never again be negatively impacted by shutdowns.”

The bill’s introduction precedes a Senate subcommittee hearing scheduled for Wednesday that will examine the shutdown’s impacts on aviation. However, it remains uncertain whether this or similar proposals will advance before the next government funding deadline at the end of January.

Several alternative proposals have emerged in recent years, including Senator Jerry Moran’s Aviation Funding Stability Act, which would tap into the Airport and Airway Trust Fund. The Congressional Budget Office has assigned those proposals significantly higher price tags than the current bill.

Similar legislative fixes have been proposed repeatedly since the 35-day shutdown during President Trump’s administration in 2019, but none have been enacted. The recurring nature of these proposals highlights the persistent concern over aviation safety and operations during funding lapses.

The newly introduced bill includes a safeguard that would halt funding if the insurance fund drops below $1 billion. Transportation Committee staff estimate this would still provide enough resources to keep FAA operations running for four to six weeks during a shutdown.

The air traffic control system’s vulnerability during shutdowns stems from existing staffing shortages. Even a few controller absences at airport towers or radar facilities can cause significant disruptions. During the recent shutdown, as controllers were required to work without pay, an increasing number called out of work, citing financial strain and the need to seek additional income.

Flight delays became so severe that the FAA took the unprecedented step of ordering airlines to reduce flights at 40 busy airports nationwide. Thousands of flights were canceled before the order was lifted this Monday, allowing airlines to resume normal operations.

The insurance fund that would finance the proposed solution has an interesting history. It was established years ago to compensate airlines if their aircraft were used for military operations or other government purposes. The last claim against this fund occurred during America’s withdrawal from Afghanistan in 2021.

For a period after the September 11 attacks, when airlines struggled to secure insurance coverage, the fund also served as an insurance program with carriers paying into it regularly. However, as the insurance market stabilized, Congress allowed this program to expire at the end of 2014. Since then, the fund has continued to grow through accrued interest.

The bill represents a practical attempt to shield a critical part of the nation’s infrastructure from the recurring threat of government shutdowns, addressing a vulnerability that has repeatedly impacted air travelers across the country.