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            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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