Seven Senators Propose Amendments to FAA Bill as Deadline Approaches

As senators race to pass a major bill to authorize the Federal Aviation Administration for the next five years, dozens of amendments have piled in, threatening to derail the legislation and raising concerns about the potential of a compromise ahead of the May 10 deadline.

It has taken months for top lawmakers in both chambers to strike a deal on a 1,068-page aviation bill. Now, those who have not been involved in negotiations are looking for modifications, and in some cases, to add provisions unrelated to the overarching bill.

The legislation is considered the last must-pass bill that lawmakers must consider until September, which means it could be their last chance to get their priorities into law until nearly the end of the year.

The Senate will pick up last week’s negotiations on amendment proposals on Tuesday when they return. Lawmakers were able to clear two procedural hurdles, but left for the weekend without agreeing to speed up consideration of the bill in exchange for votes on amendments.

Senate Majority Leader Chuck Schumer (D-NY) continues to urge his colleagues to work to get the bill done as quickly as possible.

“There are lots of people who have different amendments not relevant to the FAA that want to get them on — I’m one of those — but we have to get this done in a bipartisan way,” Schumer said last week.

Without an agreement to vote on the full measure that would allow the House enough time to vote before the deadline, some Senate leaders have begun to openly discuss a potential short-term extension to give negotiators more time to work through all the requests.

“I think we are doing everything possible to avoid that outcome at this moment,” said an aide working on the Senate Commerce Committee, who spoke on the condition of anonymity. “Everyone who has been working on this bill knows pushing this off again could be a problem when you look at staff shortages and the need for new funding to adopt better technology and practices.”

Here are seven amendments senators are looking to add to the legislation:

Airline refunds language

Sens. Josh Hawley (R-MO) and Elizabeth Warren (D-MA) filed an amendment to alter the bill’s refund language to “ensure consumers’ right to an automatic refund if an airline cancels or significantly delays their flight.” The senators have criticized the bill’s current refund language, which states consumers can get refunds upon request, emphasizing that the policy still puts the burden on the consumer instead of the airlines. Sens. Ed Markey (D-MA), Richard Blumenthal (D-CT), and Warren filed an additional provision to put in place automatic refunds, which is stated in a recent rule from the Department of Transportation.

Top lawmakers on the Commerce Committee have argued the amendments aren’t necessary, saying that agencies can be more specific about the policy during rulemaking and that most consumers get rebooked on a new flight when a cancellation or delay happens.

DCA flights

The Maryland and Virginia congressional delegations have been fiercely opposed to adding new daily round-trip flights at Ronald Reagan National Airport, citing safety concerns. Sen. Tim Kaine (D-VA) filed an amendment to strip that language out of the bill. However, many lawmakers are in favor of the new flights, like ranking member of the Senate Commerce Committee, Sen. Ted Cruz (R-TX).

Security and consumer measures

Following an increase in disorderly passengers on planes during the pandemic, Sen. Jack Reed (D-RI) filed an amendment to add a no-fly list for those causing disruptions on planes. Sen. Jeff Merkley (D-OR) is also attempting to restrict TSA’s use of facial recognition technology to calm privacy concerns.

Sen. Marco Rubio (R-FL) also filed an amendment that would allow parents to hold children under the age of 2 in their laps on planes and would not require them to buy an extra seat.

Age of pilots

Negotiators ultimately did not include a prior provision that would have raised the mandatory pilot retirement age from 65 to 67, after opponents argued the change could affect safety and cause headaches for pilots over 65 internationally. Unions have also pushed for lawmakers to keep the amendment out of the bill.

Sen. Lindsey Graham (R-SC) filed an amendment to add a two-year age increase to the legislation.

Credit card fees

Sens. Dick Durbin (D-Il) and Roger Marshall (R-KS) are attempting to get an amendment added that would crack down on credit card swipe fees in an attempt to stop Visa and Mastercard’s dominance in the space. However, airlines and credit card companies have lobbied against it, saying it would be detrimental to their existing loyalty programs.

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Federal benefits for victims of radiation

Sen. Josh Hawley (R-MO) is adamant about getting an amendment added that would expand compensation to victims of Manhattan Project-era radiation exposure caused by the federal government, renewing a 30-year-old law. The Senate approved the bill in early March, but the House has not taken it up yet.

“I won’t be consenting to a time agreement unless we get a vote,” Hawley posted on X.

Kids Online Safety Act

Sens. Marsha Blackburn (R-TN) and Richard Blumenthal (D-CT) filed an amendment to attach their social media-related bill to the aviation legislation. The provision would provide new guidelines for social media companies to help protect children from being harmed by content online and put in place new parental controls.