The House voted in favor of a reauthorization bill in July that would have included raising the mandatory airline pilot retirement age to 67 from 65. But in February, the Senate Commerce Committee rejected that element of the proposed five-year, $105 billion FAA reauthorization measure.

According to a Reuters report, the mandatory-retirement-age extension is not in the bill agreed to by House and Senate negotiators. The Senate is expected to vote on the bill later this week.

• READ MORE: FAA Data Shows Student Pilot Numbers on the Rise

Among the provisions that are still included in the 1,000-page document are measures prohibiting airlines from charging extra for families to sit together; a required five-year period for airlines’ vouchers and credits to remain valid; and a mandate for 24-hour cockpit voice recorders. Not included, according to Reuters, were other “stricter consumer rules” proposed by the Biden administration.

While consumer concerns are prominent in the news about the agreement (it includes raising the maximum civil penalty for airline passengers’ consumer violations to $75,000 from $25,000), in large part, the reauthorization legislation addresses concerns over aviation safety following months of alarm over near collisions and quality-control discrepancies, primarily focused on Boeing.

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The negotiator-approved version of the legislation addresses FAA staffing shortfalls in air traffic controllers (a need for 3,000 new controllers) as well as inspectors, engineers, and technical specialists. The five-year time frame for the FAA reauthorization bill also includes five years of funding for the National Transportation Safety Board (NTSB).

In a joint statement, Senate Commerce Committee Chair Maria Cantwell (D-Wash.) joined the top Republican on the panel Ted Cruz (R-Texas), House Transportation Committee Chair Sam Graves (R-Mo.), and top Democratic member of the committee Rick Larsen (D-Wash.) in writing, “…now more than ever, the FAA needs strong and decisive direction from Congress to ensure America’s aviation system maintains its gold standard…”

Editor’s Note: This article first appeared on AVweb.

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Among its priorities, the legislation appropriates $4 billion per year for the Airport Improvement Program (AIP), addresses air traffic control staffing shortages and the mandatory retirement age of commercial pilots, and provides funding to upgrade the agency’s outdated technology.  

The bipartisan legislation was introduced June 9 by Transportation and Infrastructure Committee Chairman Sam Graves (R-Mo.), Committee Ranking Member Rick Larsen (D-Wash.), Aviation Subcommittee Chairman Garret Graves (R-La.), and Subcommittee Ranking Member Steve Cohen (D-Tenn.). It was unanimously approved by the committee on June 14. The bill now heads to the upper chamber. where senators are considering their own FAA reauthorization bill.

“This bipartisan legislation improves the safety of our system, our airport infrastructure, and the quality of service for passengers,” Sam Graves said. “Not only that, [but] this bill will make the FAA more efficient, encourage the safe adoption of new and innovative technologies, and address growing workforce shortages, from pilots and mechanics to air traffic controllers. In addition, this bill provides the first title dedicated specifically to our critical general aviation sector—the backbone of the American aviation system.”

What Was Left Out

Ahead of the House vote, lawmakers spent much of this week hashing through dozens of amendments and weighing some of the bill’s more contentious issues before coming to a final agreement Thursday. Notably absent from the bill is language to transfer the nation’s air traffic control services into a not-for-profit organization. The bill also struck language that would allow simulator time to count toward the 1,500-hour training requirement for aspiring pilots and instead favors retaining current training standards.

A measure aimed at guaranteeing transparent fee structures for transient aircraft parking at public airports, which was strongly backed by the Aircraft Owners and Pilots Association (AOPA), was also blocked during the markups. Despite a push from the association and a coalition of more than 600 pilot groups who backed the amendment, it was ultimately struck down because of what AOPA calls “a misinformation campaign spread by FBOs, associations representing airports, and others in Washington, D.C., and across the country.” The National Air Transportation Association strongly opposed the provision noting it “ignores the unique, local operating environments of individual airports, as well as the varied needs and concerns of all stakeholders—airport users, airport businesses, and the airports themselves.”

Pilot Retirement Age

Meanwhile, another hot topic issue to raise the mandatory commercial pilot retirement age from 65 to 67 was ultimately included in the bill. The amendment has drawn strong criticism from the Air Line Pilots Association, which maintains the measure “would only increase costs for airlines and introduce unnecessary risks to passengers and crew alike.” Additionally, changing the mandatory age requirement would not comply with ICAO international standards, meaning pilots would not be able to fly internationally—typically what experienced pilots want most.

Still, the Securing Growth and Robust Leadership in American Aviation Act has the support of more than 1,000 aviation leaders and stakeholders.

The Senate Commerce Committee is now expected to consider its version of the reauthorization, which has been stalled due to disagreement over several hot button issues such as pilot training and an amendment to increase the slots for long-haul flights at Ronald Reagan Washington National Airport (KDCA) among others.

According to a Politico report, it’s unlikely a vote will take place until after the Senate’s five-week August recess, leaving little time for both chambers to resolve discrepancies between the two bills. FAA reauthorization expires September 30.

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The report released Wednesday notes staffing and training for ATC controllers has remained a challenge for the FAA, especially in the aftermath of the COVID-19 pandemic. The report found the “FAA has made limited efforts to ensure adequate controller staffing at critical air traffic control facilities,” and its “lack of a plan” to address such shortages “poses a risk to the continuity of air traffic operations.”

According to the report, 77 percent of critical facilities are staffed below the agency’s 85 percent threshold, with New York Terminal Radar Approach Control (TRACON) at 54 percent and Miami Tower at 66 percent. The audit also revealed many facilities do not have enough supervisors, and controllers are working mandatory overtime and six-day work weeks to cover for staffing deficiencies. 

Adding to the woes is a resurgence in air travel with full flights resembling pre-pandemic years. Unfortunately, ATC staffing has not kept pace with the demand—largely contributing to flight delays across the country.

The FAA employs about 13,300 controllers in more than 300 facilities across the United States—however, 26 percent of those are trainees. The FAA has stated its intent to hire and train thousands of controllers over the next decade but noted that retirements have significantly contributed to maintaining an adequate workforce. In 2022, the agency’s goal was to hire 1,500 controllers but fell short, instead hiring 1,026 during the year. 

Last month, Transportation Secretary Pete Buttigieg admitted it would take years for the FAA to be comfortable with its controller staffing: “I think it’ll be a while before we’re at levels we’d like to see.”

The audit also highlighted the role the pandemic played in training backlogs and certification time for controllers. To reduce the spread of the virus, the FAA reduced, eliminated, or suspended certain activities, including controller training, but employees still contracted the virus, leading to full or partial shutdowns of certain facilities. 

In March 2020, the FAA suspended training at the FAA Academy in Oklahoma City for four months, in addition to pausing training at key facilities for periods ranging from seven months to nearly two years. The academy resumed training in July 2020 but with a 50 percent reduction in class size to accommodate the Centers for Disease Control and Prevention guidelines for social distancing.

The report noted that “due to these uncertain training outcomes, FAA cannot ensure it will successfully train enough controllers in the short term.”

While the situation appears bleak, many leaders are optimistic about this year’s FAA reauthorization bill, which includes language to alleviate ATC staffing challenges.

“The bottom line is that over the last decade, the total number of Certified Professional Controllers [CPCs] and the total controller workforce, including those in training to become CPCs, have not kept up with attrition,” said Rich Santa, president of the National Air Traffic Controllers Association, in a statement. “There are nearly 1,200 fewer CPCs today than there were 10 years ago. The FAA Reauthorization Act of 2023 will lay the groundwork to reverse this trend and make sure the FAA can meet the current operational needs of the system as well as safely and efficiently integrate new users.”

NATCA also stated it intends to continue working with members of the Senate to enact the provisions into law.

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