SENATE PASSES FAA REAUTHORIZATION BILL

May 2, 2016

The United States Senate has passed the Federal Aviation Administration (FAA) Reauthorization Act of 2016 (S. 2658), which reauthorizes the FAA and its policies and programs for the remainder of Fiscal Year (FY) 2016 through FY 2017. Key components of the bill include:

• Aircraft certification reforms to improve FAA processes for certification of aircraft development and design;
• Measures to strengthen airport employee screening processes by expanding the vetting process for airport employees and performing random physical inspections of employees in secure areas;
• Measures to safeguard passengers in non-secure airport areas by securing airport perimeters and reducing crowds waiting for security screenings by vetting passengers before they arrive at the airport and expanding the Transportation Security Administration (TSA) PreCheck program;
• Increased security measures for international flights bound for the U.S. by expanding information sharing between the U.S. and other countries, and by requiring a security risk assessment of all airports with nonstop flights to the U.S.;
• Recommendations to improve the FAA’s transition to 21st century “NextGen” air traffic control technologies; and
• Implementation of new consumer protection requirements for domestic and foreign carriers such as:
  • Requirements for DOT to review the number of airlines providing information on decisions to delay or cancel flights due to weather-related causes;
  • Requirements for airlines to provide families with information about the availability of seats together at the time of booking;
  • Creation of a standard method for airlines to disclose ancillary fees;
  • Requirements for airlines to return baggage fees when items are lost or delayed;
  • Requirements for airlines to automatically return fees for services purchased but not received, such as seat assignments, early boarding and carry-on baggage; and
  • Creation of a DOT advisory committee to improve air travel for persons with disabilities by reviewing training and best practices by airports and airlines.

The FAA Reauthorization Act of 2016 does not include provisions for the privatization of the U.S. air traffic control system, which was contained in previous versions of the bill passed by the U.S. House of Representatives. Although House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) applauded the efforts of the Senate in passing the Reauthorization bill, Mr. Shuster – who originally introduced the FAA Reauthorization Act in the House – stated that he would continue to push Congress to pass the House version of the bill privatizing air traffic control before the final bill is presented to President Obama for review.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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