Federal Civil Aviation Programs: In Brief

Federal Civil Aviation Programs: In Brief

Federal Civil Aviation Programs: In Brief
Updated June 23, 2022
Congressional Research Service
https://crsreports.congress.gov
R42781

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Federal Civil Aviation Programs: In Brief

Contents
Introduction ..................................................................................................................................... 1
The Airport and Airway Trust Fund ................................................................................................ 1
FAA Funding Accounts ................................................................................................................... 3
Airport Financing ............................................................................................................................ 4
FAA Management and Organizational Issues .................................................................................. 5
Facility Consolidation ............................................................................................................... 5
Air Traffic Controller Workforce .............................................................................................. 5
The Next Generation Air Transportation System (NextGen) .......................................................... 6
Aviation Workforce ......................................................................................................................... 7
Aviation Safety Programs ................................................................................................................ 9
Airline Safety ............................................................................................................................ 9
Aircraft Certification ................................................................................................................. 9
Helicopter and Air Ambulance Safety ..................................................................................... 10
Aviation Cybersecurity ............................................................................................................ 10
Oversight of Maintenance Repair Stations ............................................................................... 11
Integration of Unmanned Aircraft ............................................................................................ 11

Tables
Table 1. Aviation Taxes and Fees .................................................................................................... 2
Table 2. Authorized Funding Levels for Major FAA Accounts ....................................................... 3

Contacts
Author Information ........................................................................................................................ 12

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Introduction
Federal Aviation Administration (FAA) programs are funded under four broad budget accounts:
operations and maintenance (such as air traffic control and aviation safety functions); facilities
and equipment (such as control towers and navigation beacons); grants for airports under the
Airport Improvement Program (AIP); and civil aviation research conducted or sponsored by
FAA. Additionally, certain aviation programs are administered by the Department of
Transportation (DOT) Office of the Secretary, including the Essential Air Service (EAS) program,
which subsidizes airline service to certain small or isolated communities. Civil aviation programs
are funded primarily through a special trust fund, the Airport and Airway Trust Fund (AATF),
and, in part, through general fund contributions. The FAA Reauthorization Act of 2018 (P.L. 115-
254) authorizes AATF taxes and revenue collections and civil aviation program expenditures
through FY2023.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136) provided
loans, loan guarantees, and payroll support programs, as well as emergency program funding, to
help the aviation sector during the Coronavirus Disease 2019 (COVID-19) pandemic. Additional
funding to the aviation sector was provided in the Consolidated Appropriations Act, 2021 (P.L.
116-260) and the American Rescue Plan Act of 2021 (P.L. 117-2). Furthermore, the Infrastructure
Investment and Jobs Act (IIJA; P.L. 117-58) appropriated an additional $25 billion for airport and
air traffic control projects through FY2026.
This report offers an overview of FAA programs and discusses the supplemental relief and
assistance provided by these laws. Other federal entities also play significant roles in civil
aviation. These include the National Aeronautics and Space Administration (NASA), which
conducts extensive research on civil aeronautics; the National Oceanic and Atmospheric
Administration, which provides research and operational support to FAA regarding aviation
weather forecasting; the Transportation Security Administration in the Department of Homeland
Security, which has authority over civil aviation security; and the National Transportation Safety
Board (NTSB), which investigates aviation accidents and makes safety recommendations to FAA.
These programs are not considered in this report.
The Airport and Airway Trust Fund
The AATF, sometimes referred to as the aviation trust fund, was established in 1970 under the
Airport and Airway Development Act of 1970 (P.L. 91-258) to provide for expansion of the
nation’s airports and air traffic system. It has been the major funding source for federal aviation
programs since its creation. Between FY2017 and FY2020, FAA estimates the AATF provided
between 86.9% and 97.0% of FAA’s total annual funding, with the remainder coming from
general fund appropriations.1 Revenue sources for the trust fund include passenger ticket taxes,
segment fees, air cargo fees, and fuel taxes paid by both commercial and general aviation aircraft
(see Table 1).

1 Federal Aviation Administration (FAA), Airport and Airway Trust Fund (AATF) Fact Sheet, Updated: April 2020, at
http://www.faa.gov/about/budget/aatf/media/aatf_fact_sheet.pdf.
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In addition to excise taxes deposited into the trust fund, FAA imposes air traffic service fees on
flights that transit U.S.-controlled airspace but do not take off from or land in the United States.
These overflight fees partially fund the EAS program.2
In FY2022, the AATF was estimated to have revenues of over $15 billion and to maintain a cash
balance of about $17 billion. The uncommitted balance—the amount of funds not yet obligated—
was estimated to be about $4.1 billion at the start of FY2022.3
AATF revenues have been adversely affected by airlines’ imposition of separate fees for a variety
of services and amenities such as checked bags, onboard Wi-Fi access, or seats with additional
legroom. Generally, fees not included in the base ticket price are not subject to federal excise
taxes. Air carriers generated more than $5.7 billion in baggage fees in pre-pandemic 2019.4 The
trust fund would have received nearly $432 million from baggage fees alone had these fees been
subject to the 7.5% excise tax. If airlines continue to expand use of ancillary fees as an alternative
to increasing base ticket prices, tax revenues may not keep up with federal spending on aviation
programs.
Table 1. Aviation Taxes and Fees
(calendar year 2022 rates)
Tax or Fee
Rate
Passenger Ticket Tax (on domestic ticket purchases and frequent flyer awards)
7.5%
Flight Segment Tax (domestic, indexed annually to Consumer Price Index)
$4.50
Cargo Waybil Tax
6.25%
Frequent Flyer Tax
7.5%
General Aviation Gasolinea
19.3 cents/gallon
General Aviation Jet Fuela (Kerosene)
21.8 cents/gallon
Commercial Jet Fuela (Kerosene)
4.3 cents/gallon
International Departure/Arrivals Tax (adjusted annually for inflation)
$19.70
(Alaska/Hawaii to/from mainland United States)b
(Alaska/Hawaii = $9.90)
Fractional Ownership Surtax on general aviation jet fuel
14.1 cents/gallon
Source: Internal Revenue Service, Revenue Procedure No. 2021-45, November 8, 2021, p. 21.
a. Does not include a 0.1 cents/gallon tax for the Leaking Underground Storage Tank (LUST) trust fund.
b. International arrival and departure taxes have been annually adjusted for inflation since January 1, 1999. The
rate for U.S. flights to and from Alaska or Hawaii applies only to domestic departures.
Airlines have long contended that general aviation operators, particularly corporate jets, should
provide a larger share of the revenues supporting the trust fund. General aviation interests dispute
this, arguing that the air traffic system mainly supports the airlines and that nonairline users pay a
reasonable share given the relatively small incremental costs arising from their flights.
Concerns over the viability of the trust fund, however, were overshadowed by the impact of the
abrupt drop in air travel in early 2020 as a result of the COVID-19 pandemic. Section 4007 of the

2 See CRS Report R44176, Essential Air Service (EAS), by Rachel Y. Tang.
3 Congressional Budget Office, Projected Balance of the Airport and Airway Trust Fund, Updated May 2022.
4 Bureau of Transportation Statistics, “Baggage Fees by Airline 2019,” at https://www.bts.gov/node/221236, as viewed
on June 22, 2020.
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CARES Act, enacted March 27, 2020, authorized suspension of aviation excise taxes through
calendar year 2020 to encourage air travel by reducing overall costs. The suspended taxes
included the 7.5% tax on airline passenger ticket sales, segment fees, the air cargo waybill tax,
and tax on aviation fuel used by commercial aircraft—the primary revenue sources for the trust
fund.5
FAA Funding Accounts
FAA funding is divided among four main accounts. Operations and Maintenance (O&M) receives
approximately 60% of total FAA appropriations. The O&M account, funded by the trust fund as
well as by general fund contributions, principally funds air traffic operations and aviation safety
programs. The Airport Improvement Program (AIP) provides federal grants-in-aid for projects
such as new runways and taxiways; runway lengthening, rehabilitation, and repair; and noise
mitigation near airports. The Facilities and Equipment (F&E) account provides funding for the
acquisition and maintenance of air traffic facilities and equipment, and for engineering,
development, testing, and evaluation of technologies related to the federal air traffic system.
The Research, Engineering, and Development account finances research on improving aviation
safety and operational efficiency and reducing environmental impacts of aviation operations.
Authorization levels for these accounts are shown in Table 2.
Table 2. Authorized Funding Levels for Major FAA Accounts
(dollars in millions)
Account
FY2018 FY2019 FY2020 FY2021 FY2022 FY2023
Operations and Maintenance (O&M)

Authorized Levels
10,247
10,486
10,732
11,000
11,269
11,537
Airport Improvement Program

(AIP)
Authorized Levels
3,350
3,350
3,350
3,350
3,350
3,350
Additional General Fund Authorization
1,020
1,041
1,064
1,087
1,110
Facilities and Equipment (F&E)

Authorized Levels
3,330
3,398
3,469
3,547
3,624
3,701
Research, Engineering, and

Development (RE&D)
Authorized Levels
189
194
199
204
209
214
TOTALS

Authorized Levels
17,116
18,448
18,791
19,165
19,539
19,912
Source: P.L. 115-254.

5 The excise tax suspension (March 28, 2020-December 31, 2020) applied to the 7.5% airline passenger ticket tax,
flight segment tax ($4.30), cargo waybill tax, frequent flyer tax, international departure/arrival tax, and fuel tax on
kerosene used in commercial aviation. See https://www.irs.gov/newsroom/faqs-aviation-excise-tax-holiday-under-the-
cares-act.
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Airport Financing6
AIP provides federal grants for airport development. AIP funding, distributed both by formula
and by discretionary grants, is usually limited to capital improvements related to aircraft
operations, particularly improvements addressing safety, capacity, and environmental concerns.
Commercial revenue-producing portions of airports and airport terminals are generally not
eligible for AIP funding. AIP money usually cannot be used for airport operational expenses or
bond repayments. It may be spent only on public-use airports identified in FAA’s National Plan
of Integrated Airports Systems (NPIAS), which currently lists over 3,300 airports across the
United States considered significant to national air transportation.
In general, the federal share of costs for AIP projects is capped at the following levels:
 75% for large and medium hub airports (80% for noise compatibility projects);
and
 90% or 95% for other airports, depending on statutory requirements.
Additionally, certain economically distressed communities and communities receiving EAS-
subsidized air carrier service may be eligible for up to a 95% federal share of project costs.
For many years, AIP was funded entirely by the aviation trust fund. However, between FY2018
and FY2020 AIP received supplemental appropriations of $1.9 billion for airport grants from the
Treasury general fund.7 In 2020 and 2021, Congress addressed the financial impact of the
pandemic in three separate laws providing approximately $20 billion from the general fund to
eligible U.S. airports.8 The IIJA (P.L. 117-58), enacted on November 15, 2021, appropriated an
additional $25 billion from the general fund over a five-year period, including $15 billion for
airport infrastructure projects that increase safety and expand capacity, $5 billion for FAA air
traffic control facilities, and $5 billion for airport terminals.
The competitive grants for airport terminals mark the first time the federal government has
provided grants for passenger terminal projects, including airport-owned air traffic control
towers. The money supplements passenger facility charges (PFCs), local taxes imposed, with
federal approval, by an airport on each boarding passenger.
PFC funds can be used for a broader range of projects than AIP grants and are more likely to be
used for bond repayments and landside projects,9 such as improvements to passenger terminals
and ground transportation facilities. Currently, PFCs are capped at $4.50 per boarded passenger,
with a maximum charge of $18 per round trip, multiple-leg flight. PFCs are collected by the
airlines and remitted to the airports. Airports also raise funds for capital projects from bonds, state
and local grants, landing fees, on-airport parking, and lease agreements.

6 For greater detail, see CRS Report R43327, Financing Airport Improvements, by Rachel Y. Tang. Also see Federal
Aviation Administration, Overview: What Is AIP?, at http://www.faa.gov/airports/aip/overview/.
7 The Consolidated Appropriations Act, 2018 (P.L. 115-141), provided AIP an additional $1 billion in discretionary
grants; the Consolidated Appropriations Act, 2019 (P.L. 116-6), provided an additional $500 million for AIP
discretionary grants; and the Further Consolidated Appropriations Act, 2020 (P.L. 116-94), provided $400 million for
AIP discretionary grants. See FAA program page at https://www.faa.gov/airports/aip/aip_supplemental_appropriation/.
8 For more information about CARES Act funding for airports, see https://www.faa.gov/airports/cares_act/; for
information about the CRRSAA funding for airports, see https://www.faa.gov/airports/crrsaa/; for information about
the American Rescue Plan funding for airports, see https://www.faa.gov/airports/airport_rescue_grants/.
9 Landside projects include airport passenger terminals and ground access improvements, whereas airside projects are
typically related to aircraft operations such as runways and taxiways.
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FAA Management and Organizational Issues
FAA is a large organization with a staff of about 43,000. More than 31,000 of these are in the Air
Traffic Organization (ATO), including approximately 14,500 air traffic controllers, 5,000 air
traffic supervisors and managers, and 7,800 engineers and maintenance technicians. ATO was
established under Executive Order 13180 (December 7, 2000) as a functional unit within FAA but
with a completely separate management and organizational structure and a mandate to employ a
business-like approach emphasizing defined performance goals and metrics related to operational
safety and system efficiency. The FY2023 FAA budget submission includes a proposal to
establish an Integration and Engagement Office to facilitate incorporation of innovative ideas and
technologies, such as unmanned aircraft, into the national airspace system.
Facility Consolidation
Consolidation of FAA air traffic facilities and functions is viewed as a means to control
operational costs, replace outdated facilities, and improve air traffic services. Consolidation
efforts to date have focused on consolidation of terminal radar approach control (TRACON)
facilities. In the past, consolidation focused on major metropolitan areas such as New
York/Northern New Jersey, Washington/Baltimore, and Los Angeles/San Diego.
More recently, FAA has sought to consolidate radar facilities across larger geographical areas
focusing on small to mid-sized airports with small-scale radar facilities housed inside or adjacent
to control towers that handle landings, takeoffs, and airport ground movements. Operations at
low-activity towers that lose their TRACON components are more likely to be outsourced under
the federal contract tower program. Currently, about half of all airport control towers in the
United States are operated by companies contracted by the FAA under the federally funded
contract tower program.
In 2013, FAA established a statutorily mandated working group consisting of FAA personnel and
FAA labor union representatives to make recommendations about facility consolidation. The
working group has issued five separate sets of recommendations, which are in various stages of
implementation by FAA.
As originally envisioned, realignment and consolidation, closely coupled with airspace
modernization initiatives, were anticipated to change the nature of air traffic jobs and consolidate
them in fewer physical facilities. However, the Government Accountability Office (GAO)
reported that much of this initiative had been deferred until after 2030,10 and language in P.L.
115-254 formally distinguishes consolidation efforts from airspace modernization transition
initiatives. The act also exempts from consolidation TRACON and tower facilities where military
flight operations comprised 40% or more of the facilities’ flight activity in 2015.
Air Traffic Controller Workforce
Although air traffic modernization will likely have some impact on the nature of controller job
functions and training, it is not expected to have a significant impact on the size of the FAA
controller workforce. Total controller staffing levels are expected to remain near the current level
through 2030, and the percentage of controllers in on-the-job training has declined to roughly

10 U.S. Government Accountability Office, Air Traffic Control Modernization: Progress and Challenges in
Implementing NextGen, GAO-17-450, August 2017, at https://www.gao.gov/assets/690/686881.pdf.
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22%, well below the 35% threshold that would raise concerns about controller shortages. FAA
projects the percentage of trainees to remain relatively steady over the next decade.11 FAA
currently has a relatively young controller workforce, with fewer than 1,000 currently eligible to
retire, and it does not anticipate a future wave of retirements that could lead to staffing shortages.
The FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190) requires FAA to give hiring
preference to controller candidates with prior military or civilian air traffic control experience,
veterans, and graduates of FAA-approved college training programs. It also prohibits FAA from
utilizing a controversial biographical assessment tool to screen these applicants.
The Next Generation Air Transportation System
(NextGen)
NextGen is a program to modernize and improve the efficiency of the national airspace system,
primarily by migrating to satellite-based navigation and aircraft tracking. Funding for NextGen
programs totals almost $1 billion annually, primarily derived from FAA’s F&E account.
Core components of the NextGen system include
 Automatic Dependent Surveillance—Broadcast (ADS-B), a system for
broadcasting and receiving aircraft identification, position, altitude, heading, and
speed data derived from on-board navigation systems, primarily Global
Positioning System (GPS) receivers.
 Performance Based Navigation (PBN), navigation using GPS and precision
avionics to allow aircraft to fly more efficient routes and arrival and departure
paths that improve airspace utilization, potentially allowing for reductions in
flight delays and aircraft fuel consumption.
 System Wide Information Management (SWIM), a data network for sharing
real-time operational information, including flight plans, weather, airport
conditions, and temporary airspace restrictions across the entire airspace system.
 Decision Support System (DSS) Automation, a suite of automation and
decision-support tools designed to improve aircraft flow management including
traffic flow management, time-based flow management, and terminal flight data
management tools that share real-time data among controllers, aircraft operators,
and airports to improve strategic traffic flow, airspace utilization, airport arrival
and departure efficiency, and airport surface operations.
 Data Communications (DataComm), a digital voice and data network for
communications between aircraft and air traffic control.
 National Airspace System Voice System (NVS), a standardized digital voice
network for communications within and between FAA air traffic facilities that is
to replace aging analog equipment.
 NextGen Weather, an integrated platform for providing a common weather
picture to air traffic controllers, air traffic managers, and system users.
 Trajectory-Based Operations (TBO), an air traffic concept for strategic
planning, management, and optimization of flights by continuous monitoring of

11 Federal Aviation Administration, The Air Traffic Controller Workforce Plan: 2021-2030, at https://www.faa.gov/
air_traffic/publications/controller_staffing/media/2021-AFN_010-CWP2021.pdf.
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predicted flight trajectories throughout the national airspace system using
integrated data from the NextGen capabilities described above.
Many of these NextGen capabilities are already operational. Most airlines and many business jet
operators are already equipped with performance-based navigation capabilities allowing them to
fly more efficient routes and airport arrival and departure paths. The network of ADS-B ground
receivers linking these ADS-B feeds to air traffic facilities across the country was completed in
October 2019, and ADS-B Out (transmission) functionality is now mandatory for most aircraft
being operated in controlled airspace. Airlines have already invested in cockpit technologies
compatible with FAA DataComm systems, which are now being deployed to several commercial
service airport towers.
Recognizing that NextGen’s development phase is ending, FAA plans to establish a Chief
Technology Officer to manage the operation and maintenance of these new technologies. It also
seeks to establish an Integration and Engagement Office to work with industry to address new
airspace users, operations, and technologies, including technologies to enhance and expand on
NextGen capabilities. FAA also seeks to restructure its research and development office to
address the long-term evolution of these technologies.
As NextGen transitions to full-scale operations, concerns over community noise from new flight
patterns may limit the extent to which NextGen improves airspace utilization and efficiency. As
part of the NextGen effort, FAA has redesigned terminal airspace around the largest urban areas
through initiatives it refers to as “metroplex” projects. The redesigns are intended to make the
best use of performance-based navigation and improved aircraft tracking capabilities. Some of
these changes have increased overflights above communities that previously experienced
relatively little aircraft noise, triggering resident complaints. P.L. 115-254 included provisions
directing FAA to review its community engagement practices, appoint regional noise
ombudsmen, and assess the use of dispersed headings and lateral track variations to approach and
departure paths at airports that request such analyses. The legislation also instructed FAA to
complete a study assessing alternative ways to gauge aircraft noise impacts, but FAA has largely
concluded that its existing assessment methods are appropriate while acknowledging that
supplementary noise metrics may be helpful to support public understanding of community noise
effects.12 A 2021 FAA-sponsored study found that communities around U.S. airports are much
less tolerant of aircraft noise than policies based on decades-old research assume.13 This suggests
that FAA will continue to grapple with community noise concerns as it expands capacity and
reconfigures airspace to improve efficiency utilizing NextGen capabilities.
Aviation Workforce
Airline travel has quickly rebounded from the considerable downturn experienced during the
COVID-19 pandemic. Airlines are struggling to meet this rapid rise in demand due to labor
shortages, particularly a lack of pilots at regional carriers, as major airlines have been hiring
pilots away from their regional partners at a rapid pace.14 Long-anticipated airline pilot shortages

12 Federal Aviation Administration, Report to Congress, FAA Reauthorization Act of 2018 (P.L. 115-254), Section 188
and Sec 173, April 14, 2020, at https://www.faa.gov/about/plans_reports/congress/media/Day-
Night_Average_Sound_Levels_COMPLETED_report_w_letters.pdf.
13 Nicholas P. Miller, Joseph J. Czech, Kurt M. Hellauer, et al., Analysis of the Neighborhood Environmental Survey,
Final Report, February DOT/FAA/TC-21/4, February 2021, at file:///C:/Users/belias/Downloads/TC-21-
4_Analysis%20of%20the%20Neighborhood%20Environmental%20Survey_Update_022321.pdf.
14 Alison Sider and Allison Pohle, “Small Cities Lose Flights Despite Airline Travel Boom,” Wall Street Journal, June
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have been exacerbated by increased retirements during the pandemic when several airlines
offered retirement incentives to shrink their payrolls. A potential option to address the shortage
currently under consideration is to increase the mandatory retirement age for airline pilots, which
was last raised in 2007 from 60 to 65, up to 67.15
Legislation and FAA regulations requiring a minimum of 1,500 hours of flight time to become an
airline pilot has been cited as a significant barrier to hiring entry-level first officers, particularly at
regional airlines that have argued that the requirement is another contributor to the pilot shortage.
Congress previously debated whether alternative training approaches, including greater use of
flight simulators and structured ground school curricula, could adequately substitute for the
1,500-hour requirement, but provisions to that effect were dropped during consideration of P.L.
115-254. Citing training costs as a significant barrier to attracting new pilot candidates, some
major airlines, in coordination with regional airlines, universities, and flight schools, have
recently developed programs to train candidates with little or no flight experience to become
airline pilots.16 A more controversial option to revise or grant exemptions to the 1,500-hour
requirement has faced considerable opposition from safety advocates and some Members of
Congress who consider the standard, enacted in response to the February 2009 crash of a Colgan
Air turboprop aircraft near Buffalo, NY, a vital improvement to airline safety.17
Airlines have also projected future shortages of mechanics, suggesting that the practice of
outsourcing heavy aircraft maintenance to overseas facilities could further expand if the supply of
certified aircraft mechanics in the United States is inadequate. P.L. 115-254 directed FAA to
update regulations to modernize training programs at aviation maintenance technical schools.
Similarly, Section 135 of the Consolidated Appropriations Act, 2021 (P.L. 116-260), directed FAA
to adopt industry-backed standards using an interim final rule. FAA published the interim rule on
May 24, 2022, with an effective date of September 21, 2022.18 Under the new regulations, FAA
will rely on the Department of Education and national accrediting organizations to approve
curricula, instructional delivery, and other program details for each aviation maintenance training
school, while FAA will continue to oversee facilities, equipment, and instructor qualifications.
Additionally, FAA will retain responsibility for setting mechanic certification requirements,
which it plans to update, and will continuously assess student pass rates as a key performance-
based measure.
P.L. 115-254 also authorized grants to support the education of future pilots and aviation
maintenance technical workers. FAA established the Aviation Workforce Development Grants
programs to fund initiatives to foster interest in and prepare students for careers as aircraft pilots
and aviation maintenance technical workers.19

8, 2022, p A1.
15 Jonathan Welsh, “Will Congress Bump Airline Pilots’ Retirement Age to 67?,” Flying, May 18, 2022, at
https://www.flyingmag.com/will-congress-bump-airline-pilots-retirement-age-to-67/.
16 See, e.g., United Aviate Academy at https://unitedaviate.com/; Delta Propel at https://propel.delta.com/content/
propel/en_US/home.html; American Airlines Cadet Academy at http://www.aacadetacademy.com/CadetAcademy/
Index; JetBlue Gateways at https://www.jetbluegateways.com/.
17 See, e.g., Jerry Zremski, “Flight 3407 Families, Lawmakers Decry Attempt to Trim Pilot Experience Rule,” Buffalo
News, May 12, 2022, at https://buffalonews.com/news/flight-3407-families-lawmakers-decry-attempt-to-trim-pilot-
experience-rule/article_6c22d730-d21c-11ec-bbe5-4b1feda592f2.html#:~:text=
WASHINGTON%20%E2%80%93%20One%20of%20the%20proudest,carrier's%20recent%20request%20for%20a.
18 Federal Aviation Administration, “Aviation Maintenance Technical Schools,” 87 Federal Register 31391-31416,
May 24, 2022.
19 See https://www.faa.gov/about/office_org/headquarters_offices/ang/grants/awd.
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Aviation Safety Programs
FAA’s regulatory functions are focused on the safety of civil aviation operations. FAA’s office of
aviation safety consists of about 7,300 positions including regulators, inspectors, engineers, and
support personnel who are responsible for developing and enforcing federal civil aviation safety
standards. FAA’s role in aviation safety includes certification of aircraft and aircraft components,
regulation and oversight of airlines and other aircraft operators, and initiatives to reduce safety
risks associated with airport operations.
Airline Safety
In addition to increasing qualification standards and flight time minimums for airline pilots, the
Airline Safety and Federal Aviation Administration Extension Act of 2010 (P.L. 111-216), enacted
in the wake of the 2009 Colgan Air crash, required FAA to make substantive regulatory changes
to address flight crew fatigue. In response, FAA issued regulations setting duty limits for
passenger airline pilots based on time of day, number of flight segments, and number of time
zones crossed, and established a minimum 10-hour rest period between duty periods, two hours
more than previously required. FAA also required air carriers to implement fatigue risk
management programs to help ensure that pilots are fit for duty.20 Cargo operations are governed
by somewhat more lenient and more flexible flight time limitations and rest requirements for
crewmembers, and proposals to bring duty time and rest rules for cargo pilots in line with those
governing passenger operations have not gained traction in Congress.
Language in P.L. 115-254 directed FAA to bring regulations on flight attendant duty times and
rest requirements in line with regulations for pilots, including a mandatory 10-hour rest period. In
November 2021, FAA published a proposed rule to mandate flight attendant rest breaks of at least
10 consecutive hours following duty periods of up to 14 hours.21 No final regulations have been
issued. The law also mandates that airlines implement fatigue risk management programs for
flight attendants.
Aircraft Certification
The FAA Reauthorization Act of 2018 (P.L. 115-254) mandated significant changes in FAA
oversight of aircraft certification. It directed FAA to establish a Safety Oversight and Certification
Advisory Committee and required FAA to establish formal objectives to eliminate delays in
certification and more closely oversee its Organization Designation Authorization (ODA)
program, a process for delegating certain certification functions to manufacturers. The act also
required FAA to establish a Regulatory Consistency Communications Board to review questions
regarding regulatory interpretations.
The Aircraft Certification Safety and Accountability Act (P.L. 116-260), enacted in 2020,
mandated further changes to the aircraft certification process, the ODA program, and FAA
oversight of that program. The act, introduced following the worldwide grounding of Boeing 737
Max aircraft after two fatal crashes overseas, requires aircraft manufacturers to implement FAA-

20 Federal Aviation Administration, “Flightcrew Member Duty and Rest Requirements,” 77(2) Federal Register 330-
403, January 4, 2012; Federal Aviation Administration, “Flightcrew Member Duty and Rest Requirements;
Correction,” 77(95) Federal Register 28763, May 16, 2012.
21 Federal Aviation Administration, “Flight Attendant Duty Period Limitations and Rest Requirements; Advance Notice
of Proposed Rulemaking (ANPRM),” 84(186) Federal Register 50349-50353, September 25, 2019; Federal Aviation
Administration, “Flight Attendant Duty Period Limitations and Rest Requirements,” 86 Federal Register 60424-60434,
November 2, 2021.
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approved safety management systems. It requires FAA to review and update requirements and
guidance regarding human factors and human systems integration, particularly those related to
aircraft-pilot interfaces. Within two years of enactment, all newly certified aircraft must be
equipped with updated alerting systems that assist crews in resolving warning signals. Boeing
currently faces a challenge in obtaining certification for the 737 Max-10, the largest version of its
737 Max lineup, before this statutory deadline, as the 737 Max lacks these modernized crew
alerting capabilities.22 Provisions in the law also require FAA to reevaluate its practices for
certifying variants of existing aircraft models, such as the 737 Max.
Helicopter and Air Ambulance Safety
In February 2014, FAA mandated changes in helicopter operational procedures and cockpit
technologies to improve operational safety of helicopter air ambulance flights.23 Subsequently,
P.L. 114-190 directed FAA to evaluate and update crash-resistance standards for helicopter fuel
systems, and P.L. 115-254 mandated that all helicopters be retrofitted to meet current
crashworthiness standards, which previously applied only to new helicopter designs. Additional
safety concerns have been raised about helicopter air tours. A National Transportation Safety
Board (NTSB) investigation of a December 2019 helicopter air tour crash in Hawaii cited FAA’s
failure to act on prior NTSB recommendations, including requiring helicopter air taxi and air tour
operators to implement safety management systems and cue-based weather training, as factors in
the crash.24
Aviation Cybersecurity
The shift from stand-alone navigation equipment, radar tracking, and analog two-way radios to
highly integrated and interdependent computers and networks, both onboard aircraft and in air
traffic control facilities, creates inherent cybersecurity vulnerabilities. P.L. 114-190 directed FAA
to develop a comprehensive strategic framework to reduce cybersecurity risks to aviation and to
establish a cybersecurity research and development plan for the national airspace system.25 P.L.
115-254 directed FAA to address cybersecurity in avionics and software systems through its
aircraft certification process and assure that flight guidance and control systems are secured from
potential hacking through in-flight entertainment systems. In response, FAA developed the
National Airspace (NAS) System Cyber Engineering Facility and NAS Cyber Monitoring System
to assess cyber threats and vulnerabilities and conduct cyber testing and evaluation.26 It is

22 Dominic Gates, “As Boeing Pushes for Exemption for Max 10, Report to FAA Critiques 737 Crew-Alerting
System,” Seattle Times, June 7, 2022, at https://www.seattletimes.com/business/boeing-aerospace/as-boeing-pushes-
for-exemption-for-max-10-report-to-faa-critiques-737-crew-alerting-system/.
23 Federal Aviation Administration, “Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations,” 79 Federal Register 9931-9979, April 22, 2014.
24 National Transportation Safety Board, Failure of FAA to Implement NTSB Recommendations Contributed to Fatal
Air Tour Helicopter Crash, NTSB Says, at https://www.ntsb.gov/news/press-releases/Pages/NR20220510.aspx;
National Transportation Safety Board, Collision into Terrain Safari Aviation Inc. Airbus AS350 B2, N985SA, at
https://www.ntsb.gov/investigations/Pages/ANC20MA010.aspx.
25 U.S. Government Accountability Office, Air Traffic Control: FAA Needs a More Comprehensive Approach to
Address Cybersecurity As Agency Transitions to NextGen, April 2015.
26 See https://www.faa.gov/air_traffic/technology/cas/ct/.
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Federal Civil Aviation Programs: In Brief

collaborating with the Department of Homeland Security and the Department of Defense on a
strategic framework for civil aviation cybersecurity.27
Separately, the Transportation Security Administration (TSA) has imposed specific cybersecurity
requirements for commercial passenger airports effective at the beginning of calendar year 2022.
The TSA directives mandate that each covered airport designate a cybersecurity coordinator,
complete a cybersecurity vulnerability assessment, develop a cybersecurity incident response
plan, and report all cybersecurity incidents to the Cybersecurity and Infrastructures Security
Agency within 24 hours.28
Oversight of Maintenance Repair Stations
Many airlines now outsource at least some of their maintenance work to repair stations in the
United States and abroad. In 2015, FAA rolled out a safety assurance system to aid in risk-based
repair station oversight and targeted inspections. In 2016, GAO found that FAA had not validated
the system and did not have a process in place to evaluate its effectiveness.29 P.L. 114-190
specified that a proposed rule mandating drug and alcohol testing programs at foreign repair
stations be published by mid-October 2016, with a final rule to be issued one year thereafter;
however, no formal action has been taken since FAA published an advance notice of proposed
rulemaking in March 2014.30
Integration of Unmanned Aircraft
In June 2016, FAA published a final rule allowing routine commercial operation of certain small
unmanned aircraft weighing less than 55 pounds.31 In order to fly for commercial purposes,
operators must obtain a remote pilot certification from FAA. Flights must stay below 400 feet,
and speeds must be kept below 100 miles per hour. Flights are generally limited to daylight hours
in good visibility, and the drone must be kept within sight of the operator and cannot be flown
over people. The regulations provide a mechanism for commercial entities to obtain waivers from
these restrictions on a case-by-case basis. In January 2021, FAA issued updated regulations
allowing for routine operations of unmanned aircraft systems (UAS) over people and at night
under certain conditions. To fly at night requires additional remote pilot training and the
installation of anti-collision lights that are visible for at least three miles, and flights over people
are limited to small UAS assessed to pose a minimal risk of injury.32
Future expansion of commercial applications for unmanned aircraft may hinge on further
regulatory action allowing for routine operations beyond visual line of sight, during both night
and day, and in poor visibility, as well as permitting operations in which multiple drones may be

27 See https://www.faa.gov/air_traffic/technology/cas/aci/.
28 Alan Suderman, “TSA Requires Rail and Airports to Strengthen Cybersecurity,” Federal News Network, December
2, 2021, at https://federalnewsnetwork.com/government-news/2021/12/tsa-requires-rail-and-airports-to-strengthen-
cybersecurity/.
29 U.S. Government Accountability Office, Aviation Safety: FAA’s Risk-Based Oversight for Repair Stations Could
Benefit from Additional Airline Data and Performance Metrics, GAO-16-679, Reissued September 2, 2016,
https://www.gao.gov/products/GAO-16-679.
30 Federal Aviation Administration, “Drug and Alcohol Testing of Certain Maintenance Provider Employees Located
Outside of the United States,” 79 Federal Register 14621-14630, March 17, 2014.
31 See 14 C.F.R. Part 107.
32 Federal Aviation Administration, “Operation of Small Unmanned Aircraft Systems over People,” 86 Federal
Register 4314-4387, January 15, 2021.
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monitored and controlled by a single operator. P.L. 115-254 directed FAA to authorize package
and cargo delivery with small UAS and implement a plan for managing drone traffic in low-
altitude airspace. FAA has issued a limited number of drone operator certificates under existing
charter flight regulations to carry out drone delivery demonstration projects, and in September
2020, FAA issued an updated policy33 allowing for type certification of UAS as a special class of
aircraft without occupants.
In January 2021, FAA also issued regulations requiring all UAS to broadcast remote identification
data to assist in tracking and airspace management. Existing UAS not manufactured with remote
identification capabilities will be either required to retrofit with remote identification broadcast
modules or will be limited to operations within FAA-recognized identification areas. Under
FAA’s implementation plan, a network of approved remote identification service suppliers will
track location and identification information transmitted from drones and provide UAS traffic
management services to drone operators. The fee structure for such services is yet to be
determined.
Regulations governing operations of small commercial unmanned aircraft do not apply to drones
and remote-controlled aircraft operated strictly for hobby or recreation. FAA has established
statutorily mandated requirements for testing recreational users’ knowledge of airspace and safety
regulations,34 and flights must generally stay below 400 feet and keep clear of manned aircraft.
Operators of model aircraft as well as commercial drones must register with FAA, and can do so
through an online registration system.
U.S. law provides for specific civil and criminal penalties for operators of drones that interfere
with wildfire suppression and related law enforcement or other emergency response activities,
and for individuals that equip unmanned aircraft with dangerous weapons. P.L. 114-190 directed
FAA to set procedures for imposing unmanned aircraft restrictions around critical infrastructure
and other sensitive facilities, including amusement parks. FAA has not yet issued regulations to
implement this requirement.
Congress has taken a particular interest in technologies to detect and interdict hostile or errant
drones. P.L. 115-254 required FAA to establish a pilot program to assess the use of drone
detection and identification technologies. That program is ongoing. The act also authorized the
Department of Justice and the Department of Homeland Security, including the Coast Guard, to
interdict hostile or unauthorized drones in certain instances to protect critical infrastructure sites
and high-profile events. Similar authority was granted to the Department of Defense and the
Department of Energy in the National Defense Authorization Act for Fiscal Year 2017 (P.L. 114-
328).

Author Information

Bart Elias
Rachel Y. Tang
Specialist in Aviation Policy
Analyst in Transportation and Industry

33 Federal Aviation Administration, “Type Certification of Certain Unmanned Aircraft Systems,” 85 Federal Register
58251-58255, September 18, 2020.
34 See https://www.faa.gov/uas/recreational_flyers/knowledge_test_updates.
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Congressional Research Service
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