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August 25, 2023
Federal Aviation Administration Reauthorization: Legislative
Action in the 118th Congress
The last multiyear Federal Aviation Administration (FAA)
projects. PFCs have been capped at $4.50 per passenger
reauthorization, the FAA Reauthorization Act of 2018 (P.L.
(with an $18 limit per round trip) since 2000.
115-254), was enacted in October 2018. Its key civil
aviation authorizations, including Airport and Airway Trust
FAA Operations and Organization
Fund (AATF) revenue collection authority, airport grant
The current FAA reauthorization is taking place amid a
obligation authority, and certain other FAA expenditure
long-term leadership void at FAA. There has not been a
authorities, are set to expire at the end of FY2023,
Senate-confirmed FAA Administrator since March 2022.
prompting FAA reauthorization debate in the 118th
The House bill would modify the requirements for the FAA
Congress. If these authorities are not reauthorized before
Administrator, clarifying that a candidate may not be active
they expire, Congress will face consideration of short-term
duty or retired military and must have experience in
extensions to avoid lapses that could halt revenue
organizational management and in a field directly related to
collections and certain FAA functions. In the last two
aviation. The bill also would create two FAA Deputy
reauthorization cycles, multiple short-term extensions were
Administrator positions: one for Programs and Management
needed to prevent lapses in these authorities and one brief
and another for Safety and Operations. Currently, the FAA
lapse did occur in 2011.
has one Deputy Administrator. S. 1939 does not propose
specific changes to FAA senior management.
Legislative Activity
The current FAA reauthorization process started during the
Both bills propose reforms to FAA’s regulatory functions
first session of the 118th Congress. The Securing Growth
and modernization efforts. The House bill would direct
and Robust Leadership in American Aviation Act (H.R.
FAA to work with the National Academy of Public
3935) was introduced in the House and was ordered
Administration to improve its rulemaking process. It also
reported as amended by the House Committee on
would create a position of FAA Ombudsman to coordinate
Transportation and Infrastructure in June 2023. A separate
responses to industry inquiries and objections pertaining to
bill extending Airport and Airway Trust Fund revenue
regulatory matters, aircraft and pilot certification, and
collections through FY2028 (H.R. 3796) was reported by
approvals for flight operations. The House bill would
the House Committee on Ways and Means, and an FAA
establish an Office of Innovation within FAA to assist with
research and development bill (H.R. 3559) was reported by
complex regulatory issues, evaluate FAA internal
the House Committee on Science, Space, and Technology.
processes, and support aerospace innovation. The Senate
Those two bills were appended to H.R. 3935 prior to floor
bill also seeks to create an Airspace Innovation Office
consideration. The combined bill was amended and passed
within the FAA. The office would be responsible for
by the House on July 20, 2023.
developing an integrated plan for the future national
airspace system. S. 1939 would also direct FAA to establish
On June 13, 2023, the FAA Reauthorization Act of 2023 (S.
electronic data management processes for tracking
1939) was introduced in the Senate. An executive session of
certification and registration functions and would direct the
the Senate Committee on Commerce, Science, and
Department of Transportation to form a team to review
Transportation to consider the bill was postponed, and the
FAA regulatory processes.
bill has not been reported in the Senate.
Air Traffic Controller Staffing
Unless indicated differently, in the following discussion,
The House bill would direct FAA to increase hiring of air
House bill or H.R. 3935 refers to the bill passed by the
traffic controllers in response to growing concerns over the
House and S. 1939 refers to the bill introduced in the
shortage of fully qualified controllers. Existing shortages at
Senate.
certain air traffic facilities have prompted FAA to ask
airlines to voluntarily curtail flight schedules to and from
Both H.R. 3935 and S. 1939 would authorize FAA funding
New York City area airports as a stopgap measure to
for five years through FY2028. Annual funding levels are
minimize delays and disruptions. S. 1939 calls for a study
slightly higher in S. 1939 (see Table 1).
to assess realignment of air traffic control facilities to
improve efficiency and enhance flexibilities, especially in
Airport Funding
areas prone to congestion and staffing shortages, but does
Both bills would fund the Airport Improvement Program
not direct FAA to hire more controllers.
(AIP) at an annual level of $4 billion and would make some
changes to the program. Neither includes any change to the
Industry Workforce Development
cap on Passenger Facility Charges (PFCs) that commercial
Both H.R. 3935 and S. 1939 would reauthorize and expand
airports may impose to fund various terminal and landside
two aviation workforce development grant programs to
https://crsreports.congress.gov
Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress
train future pilots and aircraft maintainers that were
Drones and Advanced Air Mobility
established under the FAA Reauthorization Act of 2018.
Both H.R. 3935 and S. 1939 would require FAA to advance
Both bills also seek to create a third grant program focusing
rulemaking on beyond visual line-of-sight drone operations,
on education and recruitment of aviation manufacturing
a key step toward routine drone deliveries. They also would
workers. The House bill would authorize annual funding
direct FAA to permit transport of certain hazardous
amounts of $15 million for each of the three programs
materials by drone. Both bills would direct FAA to
through FY2028. S. 1939 specifies annual authorizations of
prioritize rulemaking allowing for operations of powered-
$10 million for each program.
lift aircraft, such as electric vertical takeoff and landing
vehicles. Doing so is seen as a needed step toward
Airline Pilot Qualifications
accommodating Advanced Air Mobility (AAM) operations
H.R. 3935, as reported by the Committee on Transportation
that encompass urban air taxi flights and other uses of these
and Infrastructure, included a provision that would have
novel aircraft designs.
allowed up to 150 hours of training in advanced flight
simulators to count toward the 1,500 hours of flight time
COVID-19 Pandemic Response
required for an Airline Transport Pilot (ATP) certificate.
Title X of the House bill, the Freedom to Fly Act of 2023,
However, a successful floor amendment struck this
would impose prohibitions on vaccination mandates and
provision. S. 1939 does not contain any provisions
federally imposed masking requirements for FAA
modifying existing qualification requirements for airline
employees and contractors as well as airline employees and
pilots. While regional airlines have pushed for greater
passengers. S. 1939 does not include any related provisions.
flexibilities in setting pilot qualifications, labor
organizations representing pilots have expressed concerns
Washington, DC, Flights
that modifications could potentially erode safety.
The House bill leaves in place existing slots and perimeter
rules at Reagan National Airport (DCA). Federal law and
Retirement Age for Airline Pilots
regulation set the total number of flights at DCA to a
The House bill would raise the maximum age for U.S.
maximum of 67 hourly slots. In addition, a statutory
airline pilots from the current limit of 65 to 67. The change
perimeter rule limits nonstop flights to a 1,250-mile radius
would pertain only to domestic routes, since International
unless granted an exemption in law. Currently, there are 40
Civil Aviation Organization (ICAO) standards generally
daily slots exempted from the perimeter rule. Stand-alone
restrict pilots flying international routes to under the age of
bills (H.R. 3185 and S. 1933) seek to add 56 new slots at
65. The FAA reauthorization bill introduced in the Senate
DCA. A more limited proposal to add 14 new slots was
does not address pilot retirement age, but the Let
offered as an amendment to the House FAA reauthorization
Experienced Pilots Fly Act (S. 893) also would boost the
bill but was not agreed to. S. 1939 does not address DCA
age limit to 67.
slots.
Table 1. FAA Major Account Funding Authorization (in millions of dollars)
FY2024
FY2025
FY2026
FY2027
FY2028
Operations
H.R. 3935
12,730
13,035
13,334
13,640
13,954
S. 1939
12,740
13,033
13,500
13,900
14,400
Airport Improvement Program
H.R. 3935
4,000
4,000
4,000
4,000
4,000
S. 1939
4,000
4,000
4,000
4,000
4,000
Facilities and Equipment
H.R. 3935
3,375
3,425
3,475
3,475
3,475
S. 1939
3,575
3,625
3,675
3,675
3,675
Research, Engineering, and Development
H.R. 3935
255
261
267
273
279
S. 1939
344
360
367
374
390
TOTALS
H.R. 3935
20,360
20,721
21,076
21,388
21,708
S. 1939
20,659
21,018
21,542
21,949
22,465
Source: CRS analysis of H.R. 3935 (as passed) and S. 1939 (as introduced).
Bart Elias, Specialist in Aviation Policy
Rachel Y. Tang, Analyst in Transportation and Industry
IF12482
https://crsreports.congress.gov
Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress
Disclaimer
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