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Updated November 8, 2023
Federal Aviation Administration Reauthorization:
Legislative Action in the 118th Congress
The last multiyear Federal Aviation Administration (FAA)
FAA Operations and Organization
reauthorization, the FAA Reauthorization Act of 2018 (P.L.
On October 24, 2023, the Senate confirmed Michael
115-254), was enacted in October 2018. Its key civil
Whitaker for a five-year term as FAA Administrator. The
aviation authorizations, including Airport and Airway Trust
post had been vacant since March 2022, and the selection
Fund (AATF) revenue collection authority, airport grant
process proved lengthy and contentious, including the
obligation authority, and certain other FAA expenditure
withdrawal of the Biden Administration’s first nominee.
authorities, were set to expire at the end of FY2023,
The House bill would modify the requirements for the FAA
prompting FAA reauthorization debate in the 118th
Administrator, clarifying that a candidate may not be active
Congress. The Continuing Appropriations Act, 2024, and
duty or retired military and must have experience in
Other Extensions Act (P.L. 118-15) extends FAA
organizational management and in a field directly related to
authorizations and the excise taxes supporting the Airport
aviation. The bill also would create two FAA Deputy
and Airway Trust Fund through December 31, 2023, while
Administrator positions: a politically appointed post to
debate on a long-term FAA reauthorization measure
handle programs and management, and a separate position
continues. In the last two reauthorization cycles, multiple
to be filled by someone chosen by the Administrator and
short-term extensions were needed to prevent lapses in
not politically appointed to oversee safety and operations.
these authorities and one brief lapse did occur in 2011.
Currently, the FAA has one politically appointed Deputy
Administrator. S. 1939 does not propose specific changes to
Legislative Activity
FAA senior management. Both bills propose reforms to
The current FAA reauthorization process started during the
FAA’s regulatory functions and modernization efforts. The
first session of the 118th Congress. The Securing Growth
House bill would direct FAA to work with the National
and Robust Leadership in American Aviation Act (H.R.
Academy of Public Administration to improve its
3935) was introduced in the House and was ordered
rulemaking process. It also would create a position of FAA
reported as amended by the House Committee on
Ombudsman to coordinate responses to industry inquiries
Transportation and Infrastructure in June 2023. A separate
and objections pertaining to regulatory matters, aircraft and
bill extending Airport and Airway Trust Fund revenue
pilot certification, and approvals for flight operations. The
collections through FY2028 (H.R. 3796) was reported by
House bill would establish an Office of Innovation within
the House Committee on Ways and Means, and an FAA
FAA to assist with complex regulatory issues, evaluate
research and development bill (H.R. 3559) was reported by
FAA internal processes, and support aerospace innovation.
the House Committee on Science, Space, and Technology.
The Senate bill also seeks to create an Airspace Innovation
Those two bills were appended to H.R. 3935 prior to floor
Office within the FAA. The office would be responsible for
consideration. The combined bill was amended and passed
developing an integrated plan for the future national
by the House on July 20, 2023. On June 13, 2023, the FAA
airspace system. S. 1939 also would direct FAA to establish
Reauthorization Act of 2023 (S. 1939) was introduced in
electronic data management processes for tracking
the Senate. An executive session of the Senate Committee
certification and registration functions and would direct the
on Commerce, Science, and Transportation to consider the
Department of Transportation to form a team to review
bill was postponed, and the bill has not been reported in the
FAA regulatory processes.
Senate. Unless indicated differently, in the following
discussion, House bill or H.R. 3935 refers to the bill passed
Air Traffic Controller Staffing
by the House and S. 1939 refers to the bill introduced in the
The House bill would direct FAA to increase hiring of air
Senate. Both H.R. 3935 and S. 1939 would authorize FAA
traffic controllers in response to growing concerns over the
funding for five years through FY2028. Annual funding
shortage of fully qualified controllers. Existing shortages at
levels are slightly higher in S. 1939 (see Table 1).
certain air traffic facilities have prompted FAA to ask
airlines to voluntarily curtail flight schedules to and from
Airport Funding
New York City area airports as a stopgap measure to
Both bills would fund the Airport Improvement Program
minimize delays and disruptions. S. 1939 calls for a study
(AIP) at an annual level of $4 billion and would make some
to assess realignment of air traffic control facilities to
changes to the program. Neither includes any change to the
improve efficiency and enhance flexibilities, especially in
cap on Passenger Facility Charges (PFCs) that commercial
areas prone to congestion and staffing shortages, but does
airports may impose to fund various terminal and landside
not direct FAA to hire more controllers.
projects. PFCs have been capped at $4.50 per passenger
(with an $18 limit per round trip) since 2000.
Industry Workforce Development
Both H.R. 3935 and S. 1939 would reauthorize and expand
two aviation workforce development grant programs to
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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
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Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress
Disclaimer
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