Legislation to Reauthorize FAA Still Grounded as Deadline Nears; Will Boost Air Traffic Control Staffing

Legislation designed to bring a variety of improvements to U.S. aviation, including the hiring of thousands more air traffic controllers, is in the final stretch on Capitol Hill, but is still not cleared for takeoff.

After months of negotiations between Democrats and Republicans on the committees that oversee the Federal Aviation Administration (FAA), a deal was reached to reauthorize the agency for the next five years.  

However, Senators who were not involved in the negotiations peppered the legislation with additional amendments and now the clock is ticking.

The $105 billion legislation will update the FAA’s current authorization which expires May 10. Due to the amendments, there is a chance the FAA will need another short-term extension, which would be the fourth since the last permanent reauthorization.

“It’s a pretty complex piece of legislation, a lot of moving parts, and I think there will be a good interest in some amendment process,” said Senate Minority Whip John Thune (R-SD).

Staffing Issues

The bill attempts to fix staffing issues, a critical priority for the FAA, which has a shortage of about 3,000 air traffic controllers. Recent close calls at airports, including one in April at Ronald Reagan Washington National Airport, heightened attention on the shortage.

The legislation requires the FAA to hire to its maximum level for its air traffic controller training academy over the next five years.

The measure tasks a third party to determine which staffing model FAA should use to determine future staffing levels. The agency is targeting just 12,000 controllers, while a working group previously recommended 14,000.

The FAA must identify factors that could prohibit hiring and training. It also must research how many controllers are needed in each tower and increase access to training simulators.

The National Air Traffic Controllers Association (NATCA) released a statement in strong support.

 “The provisions in this bill that address controller hiring, training, and staffing will, over the five-year authorization, make great improvements to staffing in our air traffic control facilities, reducing fatigue and improving safety and efficiency,” said NATCA President Rich Santa.

Safety

Other safety measures include adding additional runway technology to prevent collisions and expanding cockpit voice recordings from two hours to 25 hours.

The bill keeps the pilot retirement age at 65, after the House voted to raise it to 67.

It puts more teeth into rules designed to protect aviation workers from attacks by the public. The rule expands such protections to ground-based employees such as check-in agents and gate attendants.

Consumer Changes

For the flying public, the legislation codifies refunds and airline credits into law. 

A refund would be required if a domestic flight is delayed for three hours and an international flight for six hours. Airlines’ websites would have to contain easy-to-find refund request buttons. 

However, the legislation puts the onus on the consumer, noting that a passenger would receive a refund only “upon written or electronic request.”

Reagan Airport, Environment and Energy Policy Riders Among Amendments and Sticking Points

As the Senate considers the bill, another sticking point is over adding ten additional flights to DC’s Reagan airport, which is currently in the package.

DC-area lawmakers including Senators Ben Cardin (D-MD), Chris Van Hollen (D-MD), Mark Warner (D-VA), and Tim Kaine (D-VA) oppose the provision, saying it will add to delays and decrease safety.

Lawmakers from further afield want the provision included, noting Reagan National is more convenient to Capitol Hill than Dulles International Airport or BWI.

“It should go without saying that the safety of the traveling public should be a higher priority than the convenience of a few lawmakers who want direct flights home from their preferred airport,” the DC-area senators said in a statement. 

As the bill moves towards passage, it has also attracted a variety of over 100 amendments from Senators on both aviation-related and non-germane policy areas. Deliberations over those amendments could push the bill past the May 10 deadline, but leaders are trying to clear the path ahead.

“Both parties have every reason in the world to get FAA done as quickly and smoothly as possible, to keep our skies safe, our airports safe, our federal employees taken care of,” Senate Majority Leader Chuck Schumer (D-NY) said last week.

A stopgap is likely necessary if the Senate cannot come to an agreement on amendments and begin voting today, as the amended bill must pass the House who is expected to leave DC on Thursday for recess.