The Trump administration is urging the Senate to revamp legislation that would reauthorize funding for the Federal Aviation Administration to address what it says are “unnecessary and counter-productive rulemaking mandates” and other provisions in the bill that could divert resources from critical programs.
In a letter to Senate Commerce Committee Chairman John Thune, R-S.D., sent on Wednesday, the Department of Transportation outlined a series of concerns it had over the chamber’s language.
“As the Senate moves forward with consideration of aviation reauthorization, we strongly encourage that it be mindful of the administration’s commitment to reduce and streamline the regulatory burden, and minimize the administrative burden on the Department that otherwise diverts resources away from the important aviation programs,” James Owens, the department’s deputy general counsel, wrote.
A commerce committee spokeswoman did not immediately respond to request for comment.
The House passed its own FAA reauthorization bill in April and the Senate is aiming to bring up its measure in the coming months. The current funding stream expires on Sept. 30.
Among the department’s concerns is a measure that would effectively set a cap on baggage fees and other add-on costs that airlines can charge customers.
“Simply put, this provision marks a return to the pre-1978 era when the federal Civil Aeronautics Board controlled domestic airline fares and other rates charged to the public,” Owens wrote. “This measure, if enacted, would reverse to a significant extent the ground rules that have governed the airline industry since the Carter Administration.”
Owens added that the language “represents a giant step backwards, presents a risk of even wider re-regulation of the airline industry, and ultimately would harm air carriers and consumers alike.”
A top lobbying group for major airlines previously said the measure represents an “existential threat” to the industry and pressured the Senate to drop the language.
The department also pushed back against a provision that would force carriers to disclose baggage fees, cancellations charges, and other costs at the point of sale.
“This provision is exceedingly broad, resource intensive, and of limited value to consumers. It would require airlines to incur significant costs to implement and is not necessary to meet the objective of fee transparency,” Owens wrote.
Others areas highlighted by the administration as concerning include a provision in the House-passed legislation that would address aircraft noise. Owens wrote that the measures would interfere with the FAA’s mission and urged the Senate to “consider a more measured approach” that reflects the administration’s current programs.
Owens also said that both the House and the Senate bills include reporting requirements that would “divert scarce personnel time and resources from the Department’s primary mission.”
