FARE Act
- Bill Number
- H.R. 6012
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-11-11: Referred to the Subcommittee on Aviation.
- Last Updated
- 2026-01-07T09:05:38Z
AI-Generated Summary
Purpose
The Fair Aviation in Restrictions and Emergencies Act (FARE Act), H.R. 6012, aims to ensure fairness in aviation operations during a government shutdown (known as a lapse in appropriations). It prevents the Federal Aviation Administration (FAA) from restricting commercial passenger flights unless private jet flights in the same area are also restricted, prioritizing access for the general public over private users.
Key Provisions
- Definitions:
- Commercial flight: A regularly scheduled passenger flight operated by an airline under federal safety rules (Part 121 of Title 14, Code of Federal Regulations).
- Private aircraft flight: A flight using a jet-engine aircraft that is not a scheduled commercial passenger service.
- Prohibition on Restrictions:
- During a funding lapse, the FAA cannot reduce or ban commercial flights in U.S. airspace unless it simultaneously bans all private aircraft flights in the same geographic area for the same duration.
- Exceptions for Private Flights:
- The ban does not apply to private flights solely for essential purposes, including:
- Public safety (e.g., emergency response).
- Government or military/diplomatic needs.
- Medical transport.
- Agricultural activities.
- Weather or scientific research.
- Humanitarian aid, disaster relief, or cargo delivery.
- Enforcement:
- The FAA can impose civil fines (under existing federal law) or seek court orders to stop violations by airlines or operators.
Significant Changes to Existing Law
This bill introduces a new requirement for the FAA to treat commercial and private flights equally during shutdowns, reversing past practices where private flights (often used by wealthy individuals or officials) continued while commercial services faced delays or cancellations. It amends FAA authority by adding this priority rule to airspace management under Title 49 of the U.S. Code, without altering broader aviation safety regulations.
Potential Impacts
- On Government Agencies: The FAA may need to expand monitoring and enforcement of private flights during shutdowns, potentially increasing administrative workload and costs when funding is limited.
- On Citizens: Commercial passengers (millions relying on scheduled airlines) could experience fewer disruptions to travel, benefiting everyday workers and families. Private pilots and owners might face stricter limits, affecting business or personal use.
- On International Relations: Minimal direct impact, though it could indirectly influence U.S. aviation reliability for international commercial routes during shutdowns.
Main Stakeholders Affected
- Federal Aviation Administration (FAA): Responsible for implementation and enforcement.
- Commercial Airlines and Passengers: Gain protected access to airspace, reducing economic losses from delays.
- Private Aircraft Owners and Operators: Face potential new restrictions, including business jet users, but exceptions protect critical operations.
- Government and Emergency Entities: Unaffected for official or relief flights, maintaining operational continuity.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FAA enforcement tools with civil penalties and court injunctions (a temporary court order to stop an action), ensuring compliance without new criminal measures. It aligns with federal aviation law but adds specificity for funding lapses.
- Constitutional: No direct challenges noted; it supports equal protection principles by prioritizing public commercial travel over private, without infringing on free speech or due process.
- Political: Addresses public frustration with past shutdowns (e.g., 2018–2019 events) where private flights persisted amid commercial cuts, promoting equity. It could spark debate on balancing private property rights (aircraft ownership) against public interest, potentially influencing future budget negotiations in Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-11-11: Referred to the Subcommittee on Aviation.
- 2025-11-10: Referred to the House Committee on Transportation and Infrastructure.
- 2025-11-10: Introduced in House
- 2025-11-10: Introduced in House
Bill Versions
- Fair Aviation in Restrictions and Emergencies Act — issued 2025-11-10 — PDF (3 pages)