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         Con   gressionaI Research Service
M C Informing the Iegislative debate sinco   1914


Updated March  14, 2024


Federal Aviation Administration Reauthorization:

Legislative Action in the 118th Congress


The most recent 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. In the last two reauthorization cycles, multiple
short-term extensions were needed to prevent lapses in
these authorities, and one brief lapse occurred in 2011. So
far in this cycle, three short-term extensions have been
enacted. Currently, the Airport and Airway Extension Act
of 2024 (P.L. 118-41) extends FAA authorities and AATF
revenue collections through May 10, 2024.

Legkiatve Actity
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 AATF 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. On
February 29, 2024, the bill was reported by the Senate
Committee  on Commerce,  Science, and Transportation
(with an amendment in the nature of a substitute) and
placed on the Senate legislative calendar under general
orders. Unless indicated differently, in the following
discussion, House bill or H.R. 3935 refers to the bill passed
by the House, and Senate bill or S. 1939 refers to the bill
reported by the Senate Committee on Commerce, Science,
and Transportation. 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
The House bill would modify the requirements for the FAA
Administrator, clarifying that a candidate for the post 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 chosen by the Administrator and not
politically appointed to oversee safety and operations.
Currently, 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 would also 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 a
shortage of fully qualified controllers. Existing shortages at
certain air traffic facilities have prompted FAA to increase
overtime and work with airlines to voluntarily curtail flight
schedules as stopgap measures 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, and would direct FAA to update
staffing standards and increase training capacity, including
through establishment of a second FAA Academy and
expanded use of air traffic control tower simulators.

in dustry   Workforce Development
Both bills would reauthorize and expand two aviation
workforce development grant programs that were
established under the FAA Reauthorization Act of 2018 to
train future pilots and aircraft maintainers. Both bills also
seek to create a third grant program focusing on education

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