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New FAA Bill Outlines Refund Requirements For Significant Flight Delays And Enhanced Safety After Near-Collisions—Here’s What To Know

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Updated May 2, 2024, 04:13pm EDT

Topline

Lawmakers unveiled Monday what is expected to be a final deal to regulate the Federal Aviation Administration over the next five years—a package designed to target safety concerns amid a rise in near-collisions of commercial aircrafts, and outline required refunds for passengers whose flights are seriously delayed.

Key Facts

The Senate is expected to hold a procedural vote Thursday on the Federal Aviation Administration Reauthorization Act that will govern the agency and provide $105 billion in funding over the next five years.

In a bid to tamp down on delays and consumer costs, the bill would codify a new Transportation Department regulation requiring airlines to refund customers, or offer five-year credits, for flight delays beyond three hours for domestic travel and six hours for international trips.

The rule requires airlines to add easily accessible refund request buttons to their websites and establish reimbursement policies for lodging, meals and transportation expenses incurred because of cancellations or delays at the fault of an airline.

Aiming to tackle potential runway collisions after a surge in close calls, the legislation would require the FAA to install new technology at airports to help controllers keep closer tabs on the locations of passenger jets on runways.

The legislation also requires the FAA to hire the maximum number of air traffic controllers at its training academy over the next five years, addressing a loss of 1,200 air traffic controllers over the past decade and a current nationwide shortage of 3,000 air traffic controllers, according to the National Air Traffic Controllers Association union.

Overtime within the agency is at an all-time high and has been attributed to safety issues and delays linked to fatigue, absences and decreased efficiency and productivity.

Tangent

The number of near-collisions involving commercial aircraft has more than doubled over the past decade, according to a New York Times analysis of a database of safety reports voluntarily filed with NASA by pilots, air traffic controllers and other aviation employees. In July 2023 alone, there were at least 46 close calls. The Times analysis suggested the FAA staffing shortage was the most prominent reason for the safety lapses.

What To Watch For

Congress has until May 10, when the current reauthorization act expires, to approve the legislation or reextend the deadline. The Senate is expected to pass the deal after clearing an initial procedural hurdle, voting to limit debate, on Wednesday. It’s unclear when the Senate will hold a final vote on the package as lawmakers have proposed a number of amendments. It would need to be sent back to the House for final approval after clearing the Senate.

Key Background

The Senate Commerce committee approved the legislation in February after the House passed a previous version of the bill last year. The revised Senate legislation dropped a proposal to raise the age ceiling for pilots from 65 to 67, and added a provision to approve five more daily, long-distance round-trip flights at Reagan Washington National Airport. The bill also omits a proposal some lawmakers advocated for that would set a minimum size for airline seats, but it does require the FAA to study seat sizes and evacuation protocols.

Further Reading

Surge In Airplane Near-Collisions Sparks $121 Million FAA Plan (Forbes)

FAA Investigating JetBlue Collision At Boston Airport (Forbes)

FAA Chief Admits ‘Cluster’ Of Near-Collisions Is ‘More Than You’d Expect To See’ (Forbes)

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