Refunds, DCA Flights and Lap Babies Eyed for Changes to FAA Bill

It took months for key lawmakers in both chambers to compromise on a 1,068 page aviation bill — and now senators who weren’t involved want changes.

Dozens of amendments, seeking modifications on refunds, airport flights, and pilot retirement age, were filed this week to legislation reauthorizing the Federal Aviation Administration. Senators, facing a deadline next week, cleared two procedural hurdles but left for the weekend without agreeing to speed up consideration of the bill in exchange for votes on amendments.

Sweeping Aviation Deal Reached to Update FAA, Boost Safety

That puts Congress on a tight timeline to move the five-year bill (H.R. 3935) before the agency’s authority expires after May 10, and some senators already are suggesting the possibility of turning to a fourth short-term extension. Further delays could exacerbate staff shortages and slow adoption of new technologies.

“We want to get this done as quickly as possible,” Majority Leader Chuck Schumer (D-N.Y.) said Thursday. “I’d like to avoid a short-term extension if we could.”

Lawmakers have been looking to add unrelated provisions to the bill, but some prospects of that have dimmed. Senators, though, are still filing amendments both on topic and off — drawing concern from the aviation industry. “Extraneous, non-germane amendments threaten this must-pass bill,” Airlines for America, which represents airlines, said in a statement Thursday.

Passengers trying to change flights after a storm wait in American Airlines’ customer service line at Charlotte International Airport in North Carolina.

Lindsey Nicholson/UCG/Universal Images Group via Getty Images

Democrats on Thursday sought to lock in votes on eight amendments but were blocked, according to a copy of the request obtained by Bloomberg Government.

Here’s a look at some of the aviation-related amendments senators are seeking:

Refunds Drama: Some senators say the bill’s refund language puts a burden on the consumer instead of the airline and doesn’t go as far as a recent rule from the Transportation Department. Sens. Josh Hawley (R-Mo.) and Elizabeth Warren (D-Mass.) filed an amendment to change that. Sens. Ed Markey (D-Mass.), and Richard Blumenthal (D-Conn.) and Warren also filed one to ensure automatic refunds.

The bill text says consumers can get refunds upon request, but critics say that language would make consumers jump through hoops. The language “rolls back one of the most important protections in the DOT rule: that is the fact that airlines automatically need to make those refunds,” Warren said Thursday.

Senators who negotiated the measure have pushed back, with Ted Cruz (R-Texas) arguing most consumers get rebooked on a new flight.

Maria Cantwell (D-Wash.) defended the language, saying lawmakers lay down “what is the right for consumers in this bill, and agencies in their rulemaking elaborate more on how that works functionally so we think it’s consistent.”

Transportation Secretary Pete Buttigieg said refunds need to be automatic. “That’s what our rule says and we welcome any legislation that would affirm that and/or allow us the authority to maintain this rule,” he said.

Lap Babies and Security: Sen. Marco Rubio (R-Fla.) wants the FAA bill to allow parents to hold babies under 2 on commercial airlines without buying an extra seat. He filed an amendment to codify regulations allowing parents to hold infants in their laps on planes.

There’s also an effort to ban unruly passengers on planes after an uptick during the pandemic and a push to restrict TSA’s use of facial recognition technology. Sen. Jack Reed (D-R.I.) filed an amendment to add a no-fly list for abusive fliers. Sen. Jeff Merkley (D-Ore.) has bipartisan support in his drive to add langauge to restrict the screening technology, drawing concerns from the travel industry.

DCA Flights: Maryland and Virginia senators are dug in against adding flights at Ronald Reagan Washington National Airport. Tim Kaine (D-Va.), along with other regional senators, filed an amendment to remove the five new daily roundtrip flights from the bill. “I feel good about getting a vote on our” amendment, Kaine said.

Sen. Tammy Duckworth (D-Ill.), who supports the amendment, also said she expects it to get a vote. But keeping the flights in the agreement is a priority for some senators, including Cruz, who is seeking a flight for San Antonio.

Pilot Age: Negotiators omitted a contentious provision that would have increased the pilot commercial retirement age to 67 from 65. Unions are urging lawmakers to keep the provision out of the bill as some seek an amendment vote.

Lindsey Graham (R-S.C.) filed an amendment to add a two-year age boost to the bill. Chuck Grassley (R-Iowa) said he’d push for it to get a vote, though he hadn’t been assured it would.

“He’s got bipartisan support,” Rep. Troy Nehls (R-Texas), who’s advocated for the increase, said of Graham’s amendment. “All I’m asking is the Senate to just put it through an up and down vote. Allow the people to vote on it. Put an up and down vote and see what happens.”

Credit Cards: A bipartisan duo of senators have been pushing for their bill on credit card competition, which the airlines have lobbied against saying it would devastate their popular loyalty programs.

Sens. Roger Marshall (R-Kansas) and Dick Durbin (D-Ill.) want to get the measure attached to the FAA bill. Durbin said it was germane when looking at how the issue is related to airlines and frequent fliers.

“They told me months ago that I would get a vote on it this Congress, so hopefully this is it,” Marshall said of the amendment.