Dual Mandate

The historic mission of the FAA has been to not only administer the requirements of safety in the aviation community, but also to “promote”

aviation in the overall national transportation scheme. The FAA has come under criticism from time to time that this dual role really amounts to a conflict of interest in promoting the airlines, on the one hand, and enforcing its regulations applicable to them, on the other hand. The issue resurfaced in the high visibility aftermath of the Valuejet crash in the Florida Everglades in 1996. The FAA had determined that the discount carrier was not in significant violation of the FARs, that FAA oversight and inspection of the airline had been standard, and reported its conclusion that the airline was “safe.” Within six weeks, the FAA had shut down the company based on additional findings of serious violations of regulations relating to the transportation of hazardous materials, which led to the conclusion that such violations were the direct cause of the catastrophic crash, with the loss of all lives on board.

In 1996, Congress revised the FAA’s mis­sion in the Federal Aviation Reauthorization Act, removing the “dual mandate” by repealing the duty of the administrator to “promote civil aeronautics.” Instead, Congress directed the FAA to consider as its highest priority the “maintain­ing and enhancing of safety and security of air commerce.”