Congress' FAA reauthorization deal addresses the shortage of air traffic controllers. (Photo by SAUL LOEB)
AFP via Getty ImagesOn Monday, lawmakers revealed a bipartisan Federal Aviation Administration (FAA) reauthorization deal that includes measures to address the nation’s shortage of air traffic controllers and the recent spate of runway near-misses. Lawmakers also agreed to prohibit airlines from charging extra for families to sit together, and they tripled the maximum fines imposable on airlines that violate consumer laws.
But the draft legislation does not include a controversial increase in the pilot retirement age that airlines say would help ease the pilot shortage, nor does it include consumer protections proposed by the Biden administration, including a requirement that airlines provide automatic cash refunds when flights are canceled or significantly delayed.
The draft legislation emerging from the House and Senate committees overseeing the FAA would authorize more than $105 billion in appropriations for the FAA and $738 million in appropriations for the National Transportation Safety Board (NTSB) through 2028. The legislation would replace the temporary law overseeing the FAA that is set to expire on May 10.
Here are some key issues the legislation tries to tackle—and some that Congress is kicking further down the tarmac.
Hire More Air Traffic Controllers
The FAA has been facing a persistent air traffic controller shortage, with estimates of up to 3,000 more controllers needed over the next decade. At some airports, controllers are working mandatory overtime and six-day work weeks to cover staffing shortages. Fatigue has been blamed for a series of near-miss incidents and flight delays.
As drafted, the law would require the FAA to study the issue and increase access to training simulators in more air traffic control towers nationwide. The legislation would require the FAA to hire and train as many air traffic controllers as necessary to address the staffing shortage.
Winners: Hiring more controllers is a win for everyone.
Consider 25-Hour Cockpit Recordings
When investigating any airline crash or near-miss, NTSB investigators want to listen to the audio from the cockpit to try to glean clues from verbal communication or sounds, such as mechanical noises or alarms that might be overheard. The NTSB says that too often that audio is not preserved for investigators, making it much harder to get to the bottom of what happened. Currently in the United States, the audio from cockpit voice recordings is overwritten after just two hours—well short of the 25 hours mandated in Europe and other regions.
The FAA reauthorization legislation mandates a “zero tolerance” for near misses and runway incursions but only requires the FAA to “consider” the recommendation of the aviation rulemaking committee to record the most recent 25 hours of data.
Winners: The NTSB has been recommending this change since 2018. Losers: Historically, the FAA has cited costs as a reason not to adopt this rule.
Codify Refunds for Passengers
Last week, President Biden announced a new regulation that requires airlines to issue full cash refunds automatically instead of in response to customer requests when flights are canceled or significantly changed, when baggage return is significantly delayed and when ancillary services like inflight Wi-Fi are not provided to passengers who purchased them.
The draft legislation would codify into law the threshold for when a refund would be required: after a three-hour delay for a domestic flight or six hours for an international flight. Airlines would also have to establish reimbursement policies for lodging, meals and transportation expenses incurred due to cancellations or significant delays caused by the airline. Major airports would be required to hang posters informing travelers of their consumer rights regarding flight delays, refunds and lost baggage.
But while the drafted legislation would require airlines’ websites to prominently display refund request buttons, it would not require automatic cash refunds to be issued by default. Instead, consumers who paid for tickets with a credit card would be reimbursed within seven days “after the request for the refund,” while those who paid with cash would be refunded within 20 days after making their request. In addition, the legislation still allows carriers to offer a voucher or credit as an alternative to a cash refund—as long as passengers are informed of their right to a full refund.
Winners: Score one for the airlines. Airlines for America, the lobby group for major U.S. airlines, insists that airlines already offer a range of ways for consumers to be refunded. The American Society of Travel Agents also protested Biden’s rule requiring the “merchant of record” to provide automatic refunds. Losers: Consumers, many of whom will continue to accept credits and vouchers in lieu of owed cash refunds.
No Mandate for Airline Seat Size
Over the past two decades, the size of seats on commercial jets has shrunk both in width and legroom, even as airline executives ponder new ways to maximize “cabin density.” Historically, the FAA has been loathe to interfere in the carriers’ business model so long as passengers are able to evacuate an aircraft in 90 seconds.
The FAA Reauthorization Act of 2018 directed the agency to “set minimums for seat pitch, width, and length necessary for the safety of passengers.” But experts often groused that these drills were typically conducted under unrealistic conditions, using only able-bodied adults, with no luggage, kids or people with disabilities. When, in 2022, the FAA opened the topic for public discussion, more than 26,000 angry comments flooded in.
Despite this, the 2024 version of the bill still does not mandate minimum airline seat sizes and spacing. Instead, the draft legislation would force the FAA to take a fresh look at sizing and airplane evacuation standards. (Yes, yet another study.)
Winners: Airlines, which love to figure out new ways to cram more passengers into a plane.
Losers: Consumers, who are unlikely to see more comfortable seating anytime soon.
No Change To The Pilot Retirement Age
In 2007, Congress increased the retirement age for commercial airline pilots from 60 to 65. More recently, and particularly since the Covid pandemic, airlines have pushed for raising the retirement age to 67 to alleviate an ongoing pilot shortage. The largest pilot union has argued that the shortage is over, pointing to FAA data indicating that the agency issued more than 11,000 airline pilot certificates last year, beating both forecasts and demand.
The draft legislation does not call for raising the retirement age for commercial airline pilots to 67, as major airlines had lobbied for. Instead, it requires the Comptroller General to study the extent and effects of the commercial aviation pilot shortage on regional and commuter carriers.
Winners: This is a big win for pilot unions, which have fought hard against raising the retirement age. Losers: Airlines are exactly where they were before.
What’s next? A procedural move in the Senate last week paved the way for a vote on the legislation as soon as this week.
