Senate passes FAA reauthorization after DCA slots fight

The Senate on Thursday wrapped up one of its final legislative priorities for the foreseeable future as it passed a reauthorization of the Federal Aviation Administration (FAA), clearing it before Friday’s deadline to potentially avoid a lapse of the program. 

Lawmakers voted 88 to 4 on the measure, which extends the FAA’s authority for five years after leadership and negotiators were able to sidestep a number of landmines to secure final passage. Sixty votes were needed to pass the measure. Democratic Sens. Ben Cardin (Md.), Tim Kaine (Va.), Chris Van Hollen (Md.) and Mark Warner (Va.) were the only no votes.

"After months of painstaking work, the FAA reauthorization is passing the Senate today,” Senate Majority Leader Chuck Schumer (D-N.Y.) said on the floor ahead of the vote. “Aviation safety has been front of mind for millions of Americans recently, and this FAA bill is the best thing Congress can do to give Americans the peace of mind they deserve.” 

Final passage came after a bit of a roller coaster, which included multiple stopgap extensions and battles that culminated Thursday night after Washington, D.C., area members struck a deal with leadership over a slots dispute at Ronald Reagan Washington National Airport (DCA). 

The four senators from Maryland and Virginia loudly opposed the inclusion of five new slots (or 10 round-trip flights) at DCA, arguing that it went against safety concerns after a near-miss there last month and that it would significantly increase delays at the landlocked airport. 

The battle leading up to final passage was over a push by the Maryland-Virginia members for an amendment vote to overturn the slots. Senate Commerce Committee Chair Maria Cantwell (D-Wash.) and Sen. Ted Cruz (Texas), the top Commerce GOP member who managed the bill for Republicans, had warned that the entire package would “unravel” if the DCA slot provision was removed. 

Democrats attempted to assuage the D.C.-area members with an amendment vote that would hand the final word on the new slots to the Transportation secretary, with that decision coming based on delays at DCA and safety of passengers. 

Cruz blocked an attempt by Schumer to line up the amendment vote, effectively killing chances of them winning a concession. The chamber started voting on the final bill moments later. 

“The Senate abdicated its responsibility to protect the safety of the 25 million people who fly through DCA every year,” Kaine and Warner said in a statement. “They didn’t want to show the American people that they care more about a few lawmakers’ desire for direct flights than they care about the safety and convenience of the traveling public. That is shameful and an embarrassment.”

DCA has long been concentrated on short-haul flights under 1,250 miles, save for a couple exceptions, with longer-haul flights being much more frequent at Dulles International Airport (IAD) and Baltimore/Washington International Thurgood Marshall Airport. United Airlines, which has a hub at Dulles, heavily lobbied against the push for additional flights at DCA over the past year.

The bill was also under scrutiny in the final days as lawmakers viewed it as the last chance to move their pet priorities that were unrelated to aviation or travel. The FAA package is the last must-pass legislative item on the calendar until the fall. 

Leaders agreed early in the process that they would deny the inclusion of amendment votes for nongermane bills, as allowing a vote for one would lead members to hold up the final bill and create unwanted problems getting it over the finish line. 

That pileup was largely on the Republican side as members were seeking votes on items such as online safety for children legislation and a bill to re-up a $50 billion compensation program to aid nuclear radiation victims.

One of the last-minute changes included an updated provision to fix language related to automatic refunds for those who have flights delayed or canceled to more closely align with the new rule the Biden administration rolled out recently.

The bicameral package also features a new requirement for the FAA to hire and train up to 3,000 new air traffic controllers, a provision to increase the cockpit voice recorder length from two to 25 hours and improve airway safety, and boosts the time frame individuals can use travel credits to at least five years.

It also does not boost the pilot’s retirement age from 65 to 67, which had been discussed, or include a provision that would have allowed members of Congress, judges and Cabinet members to receive security escorts if they are facing credible threats. Cruz was a leading proponent of that item.

The bill now heads to the House, which is expected to pass it next week, before moving on to President Biden’s desk. 

The Senate also passed a one-week extension to the FAA’s current authority in order to avoid a lapse over the weekend into next week. This will allow the House to move on the bill without one hanging over their heads.

There were questions about a possible lapse as members pushed for assurances that bipartisan bills will eventually hit the floor in the coming weeks and months.

“This one of the last major legislative vehicles that’s going to move this spring so there’s a lot of discussion about different people’s priorities,” Sen. Chris Murphy (D-Conn.), specifically pointing to bills to help the online safety of children.

“I think there’s a lot of different avenues for that to happen,” he continued. “There’s a lot of discussions happening about how we make sure we carve out some time soon to have a debate on children and social media.”

Schumer noted in his remarks that a lapse would result in the furloughing of nearly 3,000 government employees and delays to airport infrastructure projects that would be affected.

Updated at 9:09pm EST.