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1 1 (November 8, 2023)

handle is hein.crs/govenkb0001 and id is 1 raw text is: CongressionaI Resear h Service Inlorming the IegisIative debate since 1914 Updated November 8, 2023 Federal Aviation Administration Reauthorization: Legislative Action in the 118th Congress The last multiyear Federal Aviation Administration (FAA) reauthorization, the FAA Reauthorization Act of 2018 (P.L. 115-254), was enacted in October 2018. Its key civil aviation authorizations, including Airport and Airway Trust Fund (AATF) revenue collection authority, airport grant obligation authority, and certain other FAA expenditure authorities, were set to expire at the end of FY2023, prompting FAA reauthorization debate in the 118th Congress. The Continuing Appropriations Act, 2024, and Other Extensions Act (P.L. 118-15) extends FAA authorizations and the excise taxes supporting the Airport and Airway Trust Fund through December 31, 2023, while debate on a long-term FAA reauthorization measure continues. In the last two reauthorization cycles, multiple short-term extensions were needed to prevent lapses in these authorities and one brief lapse did occur in 2011. Legislative Activity The current FAA reauthorization process started during the first session of the 118th Congress. The Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935) was introduced in the House and was ordered reported as amended by the House Committee on Transportation and Infrastructure in June 2023. A separate bill extending Airport and Airway Trust Fund revenue collections through FY2028 (H.R. 3796) was reported by the House Committee on Ways and Means, and an FAA research and development bill (H.R. 3559) was reported by the House Committee on Science, Space, and Technology. Those two bills were appended to H.R. 3935 prior to floor consideration. The combined bill was amended and passed by the House on July 20, 2023. On June 13, 2023, the FAA Reauthorization Act of 2023 (S. 1939) was introduced in the Senate. An executive session of the Senate Committee on Commerce, Science, and Transportation to consider the bill was postponed, and the bill has not been reported in the Senate. Unless indicated differently, in the following discussion, House bill or H.R. 3935 refers to the bill passed by the House and S. 1939 refers to the bill introduced in the Senate. Both H.R. 3935 and S. 1939 would authorize FAA funding for five years through FY2028. Annual funding levels are slightly higher in S. 1939 (see Table 1). Airport Funding Both bills would fund the Airport Improvement Program (AIP) at an annual level of $4 billion and would make some changes to the program. Neither includes any change to the cap on Passenger Facility Charges (PFCs) that commercial airports may impose to fund various terminal and landside projects. PFCs have been capped at $4.50 per passenger (with an $18 limit per round trip) since 2000. FAA Operations and Organization On October 24, 2023, the Senate confirmed Michael Whitaker for a five-year term as FAA Administrator. The post had been vacant since March 2022, and the selection process proved lengthy and contentious, including the withdrawal of the Biden Administration's first nominee. The House bill would modify the requirements for the FAA Administrator, clarifying that a candidate may not be active duty or retired military and must have experience in organizational management and in a field directly related to aviation. The bill also would create two FAA Deputy Administrator positions: a politically appointed post to handle programs and management, and a separate position to be filled by someone chosen by the Administrator and not politically appointed to oversee safety and operations. Currently, the FAA has one politically appointed Deputy Administrator. S. 1939 does not propose specific changes to FAA senior management. Both bills propose reforms to FAA's regulatory functions and modernization efforts. The House bill would direct FAA to work with the National Academy of Public Administration to improve its rulemaking process. It also would create a position of FAA Ombudsman to coordinate responses to industry inquiries and objections pertaining to regulatory matters, aircraft and pilot certification, and approvals for flight operations. The House bill would establish an Office of Innovation within FAA to assist with complex regulatory issues, evaluate FAA internal processes, and support aerospace innovation. The Senate bill also seeks to create an Airspace Innovation Office within the FAA. The office would be responsible for developing an integrated plan for the future national airspace system. S. 1939 also would direct FAA to establish electronic data management processes for tracking certification and registration functions and would direct the Department of Transportation to form a team to review FAA regulatory processes. Air Traffic Controller Staffing The House bill would direct FAA to increase hiring of air traffic controllers in response to growing concerns over the shortage of fully qualified controllers. Existing shortages at certain air traffic facilities have prompted FAA to ask airlines to voluntarily curtail flight schedules to and from New York City area airports as a stopgap measure to minimize delays and disruptions. S. 1939 calls for a study to assess realignment of air traffic control facilities to improve efficiency and enhance flexibilities, especially in areas prone to congestion and staffing shortages, but does not direct FAA to hire more controllers. 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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