Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress

Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress

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Updated March 14, 2024
Federal Aviation Administration Reauthorization:
Legislative Action in the 118th Congress
The most recent multiyear Federal Aviation Administration
FAA Operations and Organization
(FAA) reauthorization, the FAA Reauthorization Act of
The House bill would modify the requirements for the FAA
2018 (P.L. 115-254), was enacted in October 2018. Its key
Administrator, clarifying that a candidate for the post may
civil aviation authorizations, including Airport and Airway
not be active duty or retired military and must have
Trust Fund (AATF) revenue collection authority, airport
experience in organizational management and in a field
grant obligation authority, and certain other FAA
directly related to aviation. The bill also would create two
expenditure authorities, were set to expire at the end of
FAA Deputy Administrator positions: a politically
FY2023, prompting FAA reauthorization debate in the 118th
appointed post to handle programs and management, and a
Congress. In the last two reauthorization cycles, multiple
separate position chosen by the Administrator and not
short-term extensions were needed to prevent lapses in
politically appointed to oversee safety and operations.
these authorities, and one brief lapse occurred in 2011. So
Currently, FAA has one politically appointed Deputy
far in this cycle, three short-term extensions have been
Administrator. S. 1939 does not propose specific changes to
enacted. Currently, the Airport and Airway Extension Act
FAA senior management. Both bills propose reforms to
of 2024 (P.L. 118-41) extends FAA authorities and AATF
FAA’s regulatory functions and modernization efforts. The
revenue collections through May 10, 2024.
House bill would direct FAA to work with the National
Academy of Public Administration to improve its
Legislative Activity
rulemaking process. It also would create a position of FAA
The current FAA reauthorization process started during the
Ombudsman to coordinate responses to industry inquiries
first session of the 118th Congress. The Securing Growth
and objections pertaining to regulatory matters, aircraft and
and Robust Leadership in American Aviation Act (H.R.
pilot certification, and approvals for flight operations. The
3935) was introduced in the House and was ordered
House bill would establish an Office of Innovation within
reported as amended by the House Committee on
FAA to assist with complex regulatory issues, evaluate
Transportation and Infrastructure in June 2023. A separate
FAA internal processes, and support aerospace innovation.
bill extending AATF revenue collections through FY2028
The Senate bill also seeks to create an Airspace Innovation
(H.R. 3796) was reported by the House Committee on
Office within the FAA. The office would be responsible for
Ways and Means, and an FAA research and development
developing an integrated plan for the future national
bill (H.R. 3559) was reported by the House Committee on
airspace system. S. 1939 would also direct FAA to establish
Science, Space, and Technology. Those two bills were
electronic data management processes for tracking
appended to H.R. 3935 prior to floor consideration. The
certification and registration functions and would direct the
combined bill was amended and passed by the House on
Department of Transportation to form a team to review
July 20, 2023. On June 13, 2023, the FAA Reauthorization
FAA regulatory processes.
Act of 2023 (S. 1939) was introduced in the Senate. On
February 29, 2024, the bill was reported by the Senate
Air Traffic Controller Staffing
Committee on Commerce, Science, and Transportation
The House bill would direct FAA to increase hiring of air
(with an amendment in the nature of a substitute) and
traffic controllers in response to growing concerns over a
placed on the Senate legislative calendar under general
shortage of fully qualified controllers. Existing shortages at
orders. Unless indicated differently, in the following
certain air traffic facilities have prompted FAA to increase
discussion, House bill or H.R. 3935 refers to the bill passed
overtime and work with airlines to voluntarily curtail flight
by the House, and Senate bill or S. 1939 refers to the bill
schedules as stopgap measures to minimize delays and
reported by the Senate Committee on Commerce, Science,
disruptions. S. 1939 calls for a study to assess realignment
and Transportation. Both H.R. 3935 and S. 1939 would
of air traffic control facilities to improve efficiency and
authorize FAA funding for five years through FY2028.
enhance flexibilities, especially in areas prone to congestion
Annual funding levels are slightly higher in S. 1939 (see
and staffing shortages, and would direct FAA to update
Table 1).
staffing standards and increase training capacity, including
through establishment of a second FAA Academy and
Airport Funding
expanded use of air traffic control tower simulators.
Both bills would fund the Airport Improvement Program
(AIP) at an annual level of $4 billion and would make some
Industry Workforce Development
changes to the program. Neither includes any change to the
Both bills would reauthorize and expand two aviation
cap on Passenger Facility Charges (PFCs) that commercial
workforce development grant programs that were
airports may impose to fund various terminal and landside
established under the FAA Reauthorization Act of 2018 to
projects. PFCs have been capped at $4.50 per passenger
train future pilots and aircraft maintainers. Both bills also
(with an $18 limit per round trip) since 2000.
seek to create a third grant program focusing on education
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Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress
and recruitment of aviation manufacturing workers. The
Drones and Advanced Air Mobility
House bill would authorize annual funding amounts of $15
Both H.R. 3935 and S. 1939 would require FAA to advance
million for each of the three programs through FY2028.
rulemaking on beyond visual line-of-sight drone operations,
The Senate bill specifies annual authorizations of $20
a key step toward routine drone deliveries. They also would
million for each program through FY2028.
direct FAA to permit transport of certain hazardous
materials by drone. Both bills would direct FAA to
Airline Pilot Qualifications
prioritize rulemaking allowing for operations of powered-
H.R. 3935, as reported by the Committee on Transportation
lift aircraft, such as electric vertical takeoff and landing
and Infrastructure, included a provision that would have
vehicles. Doing so is seen as a needed step toward
allowed up to 150 hours of training in advanced flight
accommodating Advanced Air Mobility (AAM) operations
simulators to count toward the 1,500 hours of flight time
that encompass urban air taxi flights and other uses of these
required for an Airline Transport Pilot (ATP) certificate. A
novel aircraft designs.
successful floor amendment struck this provision. S. 1939
would authorize an enhanced qualification program to be
COVID-19 Pandemic Response
offered by FAA-approved airlines and training centers that
The House bill would impose prohibitions on vaccination
would provide structured training to qualify eligible pilots
mandates and federally imposed masking requirements for
as first officers with less than 1,500 flight hours. Regional
FAA employees and contractors, airline employees, and
airlines have pushed for greater flexibilities in setting pilot
passengers. S. 1939 would prohibit airlines from denying
qualifications, but airline pilot organizations have expressed
service based on COVID-19 vaccination status.
concerns that such modifications could potentially erode
safety.
Washington, DC, Flights
The House bill would leave in place existing slots and
Retirement Age for Airline Pilots
perimeter rules at Reagan National Airport (DCA). Federal
The House bill would raise the maximum age for U.S.
law and regulation set the total number of flights at DCA to
airline pilots from the current limit of 65 to 67. The change
a maximum of 67 hourly slots. In addition, a statutory
would pertain only to domestic routes, since International
perimeter rule limits nonstop flights to a 1,250-mile radius
Civil Aviation Organization (ICAO) standards generally
unless granted an exemption in law. Currently, there are 40
restrict pilots flying international routes to under the age of
daily slots exempted from the perimeter rule. Stand-alone
65. An amendment to raise the retirement age for airline
bills (H.R. 3185 and S. 1933) seek to add 56 new slots at
pilots to 67 was rejected by the Senate Committee on
DCA. A more limited proposal to add 14 new slots was
Commerce, Science, and Transportation.
offered as an amendment to the House bill but was not
agreed to. The Senate bill would add 10 new daily slots at
DCA.
Table 1. Federal Aviation Administration 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 reported to the Senate on February 29, 2024).

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

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