Federal Civil Aviation Programs In Brief Updated July 22 2020 Congressional Research Service https crsreports congress gov R42781 Federal Civil Aviation Programs In Brief Contents Introduction 1 The Airport and Airway Trust Fund 1 FAA Funding Accounts 3 Airport Financing 3 FAA Management and Organizational Issues 4 Facility Consolidation 5 Air Traffic Controller Workforce 6 The Next Generation Air Transportation System NextGen 6 Aviation Workforce 9 Aviation Safety Programs 9 Airline Safety 9 FAA Safety Oversight Reforms 10 Helicopter and Air Ambulance Safety 12 Aviation Cybersecurity 12 Oversight of Maintenance Repair Stations 13 Integration of Unmanned Aircraft 13 Tables Table 1 Aviation Taxes and Fees 2 Table 2 Authorized Funding Levels for Major FAA Accounts 3 Table 3 Funding for NextGen Programs 7 Contacts Author Information 14 Congressional Research Service Federal Civil Aviation Programs In Brief 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 115254 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 This report offers an overview of FAA programs and also discusses the additional supplemental relief and assistance provided by the CARES Act 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 the AATF provided between 86 9% and 97 0% of FAA’s total annual funding 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 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 FY2019 the AATF had revenues of nearly $16 billion and maintained a cash balance of about $18 billion The uncommitted balance—the amount of funds not yet obligated—was estimated to be over $6 5 billion at the start of FY2020 3 1 Federal Aviation Administration FAA Airport and Airway Trust Fund AATF Fact Sheet Updated April 2020 http www faa gov about budget aatf media aatf_fact_sheet pdf 2 See CRS Report R44176 Essential Air Service EAS by Rachel Y T ang 3 Congressional Budget Office Projected Balance of the Airport and Airway Trust Fund Updated January 2020 Congressional Research Service 1 Federal Civil Aviation Programs In Brief As the trust fund revenue is largely dependent on airlines’ ticket sales the spread of low-cost air carrier models has held down ticket prices and therefore AATF receipts In addition AATF revenues have been adversely affected by the recent trend among airlines to impose fees for a variety of add-on 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 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 CY2020 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 30 Cargo Waybill Tax 6 25% Frequent Flyer Tax 7 5% General Aviation Gasolinea General Aviation Jet Commercial Jet Fuela Fuela Kerosene Kerosene 19 3 cents gallon 21 8 cents gallon 4 3 cents gallon International Departure Arrivals Tax indexed annually to Consumer Price Index prorated Alaska Hawaii to from mainland United States $18 90 Alaska Hawaii $9 50 Fractional Ownership Surtax on general aviation jet fuel 14 1 cents gallon Source Federal Aviation Administration Airport and Airway Trust Fund AATF Fact Sheet April 2020 a Does not include a 0 1 cents gallon tax for the Leaking Underground Storage Tank LUST trust fund 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 CARES Act enacted March 27 2020 authorized a suspension of aviation excise taxes through calendar year 2020 The suspended taxes include the 7 5% tax on airline passenger ticket sales segment fees the air cargo waybill tax and aviation fuel taxes paid by both commercial and general aviation aircraft—the primary revenue sources for the trust fund Although the adequacy of trust fund receipts to fund aviation programs over the long run will depend on the recovery of air travel FAA projected that the existing trust fund balance would be sufficient to cover its expected outlays for the remaining duration of the excise tax suspension 5 Bureau of T ransportation Statistics “Baggage Fees by Airline 2019 ” https www bts gov node 221236 as viewed on June 22 2020 5 FAA “ Airport and Airway T rust Fund” https www faa gov about budget aatf webpage last modified on June 5 2020 4 Congressional Research Service 2 Federal Civil Aviation Programs In Brief 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 10 247 10 486 10 732 11 000 11 269 11 537 3 350 3 350 3 350 3 350 3 350 3 350 1 020 1 041 1 064 1 087 1 110 3 330 3 398 3 469 3 547 3 624 3 701 189 194 199 204 209 214 17 116 18 448 18 791 19 165 19 539 19 912 Operations and Maintenance O M Authorized Levels Airport Improvement Program AIP Authorized Levels Additional General Fund Authorization Facilities and Equipment F E Authorized Levels Research Engineering and Development RE D Authorized Levels TOTALS Authorized Levels Source P L 115-254 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 6 For greater detail see CRS Report R43327 Financing Airport Improvements by Rachel Y T ang Also see Federal Aviation Administration Overview What Is AIP http www faa gov airports aip overview Congressional Research Service 3 Federal Civil Aviation Programs In Brief 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 EASsubsidized 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 The CARES Act P L 116-136 included $10 billion to be awarded to eligible U S airports affected by the COVID-19 pandemic This emergency funding increased the AIP federal share to 100% for FY2020 eliminating the local share that is required under normal circumstances Further the CARES Act provided new funds distributed by various formulas for NPIAS airports 8 Passenger facility charges PFCs provide a source of nonfederal funds intended to complement AIP spending A PFC is a local tax 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 landside projects such as improvements to passenger terminals and ground transportation facilities PFCs can also be used for bond repayments Currently PFCs are capped at $4 50 per boarded passenger with a maximum charge of $18 per round trip flight P L 115-254 did not raise these caps 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 onairport parking and lease agreements 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 Employee pay and advancement are based in part on meeting annual organizational goals Creation of the ATO as a distinct entity within FAA also had the effect of more clearly separating operational components related to air traffic control from components concerned with regulation and safety oversight of airlines aircraft operators repair stations flight schools pilots and mechanics and other entities In both the 114th Congress H R 4441 and the 115th Congress H R 2997 legislation agreed to by the House Transportation and Infrastructure Committee sought to create a private nonprofit corporation to run air traffic control While the Trump Administration similarly outlined a plan for privatizing air traffic services the concept failed to garner sufficient congressional support and 7 T he 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 https www faa gov airports aip aip_supplemental_appropriation 8 For more information about the CARES Act funding for airports see https www faa gov airports cares_act Congressional Research Service 4 Federal Civil Aviation Programs In Brief the most recent civil aviation legislation the FAA Reauthorization Act of 2018 P L 115-254 did not include language to reform air traffic control operations 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 terminal radar approach control TRACON facilities TRACON consolidation has been ongoing for many years but in the past it has been mostly limited to nearby and overlapping airspace in 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 in control towers that also handle landings takeoffs and ground movements Replacements are being designed to house airport tower functions only and TRACON components are to be relocated to consolidated radar facilities that may be at some distance from the airport Operations at low -activity towers that lose their TRACON components are more likely to be outsourced under the federal contract tower program an issue of particular concern to FAA labor unions Currently about half of all airport control towers in the United States are operated under the contract tower program Facility consolidation is politically sensitive as TRACON consolidation could result in job losses in specific congressional districts even if it does not lead to an overall decrease in jobs for air traffic controllers systems specialists and other supporting personnel Section 804 of the FAA Modernization and Reform Act P L 112-95 required FAA to provide a comprehensive list of proposed recommendations for realignment and consolidation for public comment and congressional consideration However FAA efforts to meet the requirements outlined in P L 112-95 have been limited in scope In 2013 FAA established a Section 804 collaborative working group consisting of FAA personnel and FAA labor union representatives The working group issued its first set of recommendations in March 2015 recommending only to consolidate one TRACON facility in Cape Cod MA with the facility in Boston and to leave a facility in Abilene TX in place 9 A second set of recommendations was issued in May 2016 10 offering three recommendations for facility consolidation out of five facilities examined focusing on facilities in northern Ohio and central Michigan In June 2017 the working group released a third set of recommendations proposing to realign two facilities in Illinois to the St Louis MO TRACON and to shift work performed at the Pasco WA TRACON to Spokane WA 11 9 Federal Aviation Administration Section 804 Collaborative Working Group FAA National Facilities Realignment and Consolidation Report Year 1 Part 1 Recommendations Response to U S Congress FAA Reauthorization Bill P L 112-95 Section 804 March 11 2015 10 Federal Aviation Administration Section 804 Collaborative Working Group FAA National Facilities Realignment and Consolidation Report Part 2 Recommendations Response to U S Congress FAA Reauthorization Bill P L 11295 Section 804 May 11 2016 11 Federal Aviation Administration Section 804 Collaborative Working Group FAA National Facilities Realignment and Consolidation Report Part 3 Recommendations Response to U S Congress FAA Reauthorization Bill P L 11295 Section 804 June 28 2017 Congressional Research Service 5 Federal Civil Aviation Programs In Brief 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 12 and language in P L 115-254 formally modified Section 804 to distinguish consolidation efforts from airspace modernization transition initiatives The act also requires input from labor organizations representing air traffic controllers and from industry stakeholders and exempts any TRACON and tower facilities where military flight operations in 2015 comprised 40% or more of the activity from consolidation 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 While total controller staffing levels are expected to remain near the current level through 2026 a present concern is the percentage of controllers in on-the-job training which currently stands at roughly 22% at en route facilities and 15% at terminal facilities The training process takes several years but FAA anticipates that proportion of controllers who are fully qualified will rise significantly by 2021 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 COVID-19 pandemic has significant operational implications for the controller workforce At hundreds of air traffic control facilities controllers technicians and other employees have tested positive for COVID-19 necessitating partial or full shutdowns of towers and radar control facilities for cleaning and disinfection 13 FAA has issued special guidance for operations when towers or other facilities may be closed for these reasons and in some cases has relied on other facilities to monitor air traffic during these temporary closures 14 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 through FAA’s F E account see Table 3 12 U S Government Accountability Office Air Traffic Control Modernization Progress and Challenges in Implementing NextGen GAO-17-450 August 2017 https www gao gov assets 690 686881 pdf 13 14 See https www faa gov coronavirus map See https www faa gov coronavirus guidance_resources Congressional Research Service 6 Federal Civil Aviation Programs In Brief Table 3 Funding for NextGen Programs dollars in millions Account FY2019 Actual FY2020 Enacted FY2021 Request Operations and Maintenance O M 113 123 126 Facilities and Equipment F E 913 1 032 801 75 73 69 1 100 1 227 997 Research Engineering and Development RE D TOTALS Source U S Department of Transportation Budget Estimates Fiscal Year 2021 Federal Aviation Administration Note Columns may not sum to totals due to rounding Core components of the NextGen system include the following  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 such as a Global Positioning System GPS receiver “ADS-B Out” functionality refers to a basic level of aircraft equipage that transmits position data “ADS-B In” incorporates aircraft reception of ADS-B signals from other aircraft and uplinks of traffic weather and flight information from ground stations Most aircraft are required to have “ADS-B Out” to fly in controlled airspace  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 an extensive scalable data network to share real-time operational information such as flight plans flight paths weather airport conditions and temporary airspace restrictions across the entire airspace system Automation new computer systems and air traffic controller workstations that have been deployed to FAA air traffic facilities including the Standard Terminal Automation Replacement System STARS installed at radar approach control facilities and the En Route Automation Modernization ERAM installed at en route centers Decision Support Systems 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 service providers     Congressional Research Service 7 Federal Civil Aviation Programs In Brief  National Airspace System Voice System NVS a standardized digital voice network for communications within and between FAA air traffic facilities that will 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 These programs are in various stages of development The SWIM architecture for example is well defined and has been in use since 2010 allowing appropriately equipped system users to access weather and flight planning information However the addition of more extensive services is planned Much of this will focus on collaborative air traffic management technologies to improve airspace and airport efficiency Airlines have already invested in cockpit technologies compatible with FAA DataComm systems which are currently being deployed to several commercial service airport towers and therefore the transition to digital voice and data communications between pilots and controllers is expected to proceed smoothly Likewise most airlines and many business jet operators have already equipped with performancebased navigation PBN 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 equipage is now mandatory for most aircraft being operated in controlled airspace General aviation operators have been reluctant to equip with ADS-B despite the regulatory mandate that required ADS-B Out equipment by January 2020 and despite financial assistance from FAA Airlines which had also been slow to acquire and install ADS-B in their fleets are now mostly compliant As of July 2020 ADS-B installations had been completed on about 142 000 aircraft including about 6 500 airliners 15 Long-standing concerns that a lack of operator compliance might delay NextGen implementation now appear unwarranted Nonetheless some general aviation operators that have not been equipped are barred from operating in busy airspace where ADS-B equipment is mandatory unless they obtain an operational waiver from FAA Concern over community noise from new flight patterns utilizing NextGen technologies may limit the effect of NextGen in improving 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 In some urban areas FAA’s 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 dispersal 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 assess community noise impacts from aircraft but FAA has largely concluded that its existing assessment methods to measure noise and assess community response are appropriate while acknowledging that additional supplementary noise metrics may be helpful to support public understanding of community noise effects 16 15 Federal Aviation Administration Current Equipage Levels https www faa gov nextgen equipadsb installation current_equipage_levels 16 Federal Aviation Administration Report to Congress FAA Reauthorization Act of 2018 P L 115-254 Section 188 and Sec 173 April 14 2020 https www faa gov about plans_reports congress media DayNight_Average_Sound_Levels_COMPLET ED_report_w_letters pdf Congressional Research Service 8 Federal Civil Aviation Programs In Brief Aviation Workforce Recent legislation 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 giving rise to claims of a “pilot shortage ” Congress has debated whether alternative training approaches including greater use of flight simulators and structured ground school curricula could adequately substitute for the 1 500-hour rule but provisions to that effect were dropped during consideration of P L 115-254 Airlines also projected future shortages of mechanics suggesting that industry practices of outsourcing heavy aircraft maintenance to overseas facilities could further expand if the supply of certified aircraft mechanics in the United States dwindles P L 115-254 directed FAA to update regulations to modernize training programs at aviation maintenance technical schools It authorized grants to support the education of future pilots and aviation maintenance technical workers The COVID-19 pandemic is anticipated to have dramatic impacts on the aviation workforce as passenger counts have declined by more than 80% in 2020 compared to 2019 Most airlines have accepted federal grants and loans made available under the CARES Act P L 116-136 17 However the job protections associated with these federal funds are set to expire at the end of FY2020 making it likely that large-scale furloughs of airline employees will ensue 18 Airlines are asking employees to voluntarily reduce work hours and are offering early retirements in an effort to reduce the number of furloughs 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 Following the February 12 2009 crash of a commuter turboprop near Buffalo NY the Airline Safety and Federal Aviation Administration Extension Act of 2010 P L 111-216 required FAA to make substantive regulatory changes addressing airline pilot fatigue airline pilot qualifications FAA pilot records airline flight crew and dispatcher training oversight and surveillance of air carriers pilot mentoring professional development and leadership and flight crewmember pairing and crew resource management practices 17 See https home treasury gov policy-issues cares preserving-jobs-for-american-industry payroll-support-programpayments 18 Henry Canaday “Without Help or Luck T housands of U S Mechanics Will Leave in October ” Aviation Week Network July 20 2020 https aviationweek com mro without-help-or-luck-thousands-us-mechanics-will-leaveoctober Congressional Research Service 9 Federal Civil Aviation Programs In Brief In response to these mandates 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 19 Language in P L 115-254 directs FAA to update regulations on flight attendant duty times and rest requirements mandating a 10-hour rest period that cannot be reduced under any circumstances bringing them in line with the regulations for pilots In September 2019 FAA published an advance notice of proposed rulemaking seeking comment on the safety benefits and cost estimates of complying with this mandate 20 The law also mandates that airlines implement fatigue risk management programs for flight attendants 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 In addition to requiring that first officers have at least 1 500 hours of flight experience prior to being hired FAA requires pilots to log 1 000 hours of experience in airline operations before being upgraded to captain 21 FAA also has directed air carriers to develop safety management systems that provide a comprehensive process-oriented approach to safety throughout each airline’s organization 22 P L 114-190 required FAA to create an accessible pilot records database allowing airlines to review FAA air carrier and driver registry records pertaining to pilot job applicants The act directed FAA to issue guidance to air carriers and inspectors for assessing pilot competency in manual flying skills and use of cockpit automation and to verify that training programs adequately address these elements The act also directed FAA to consider whether additional screening and treatment for mental health conditions including depression and suicidal thoughts or tendencies should be considered in the medical certification of airline pilots FAA Safety Oversight Reforms P L 115-254 mandated significant changes in FAA safety oversight It directs FAA to establish a Safety Oversight and Certification Advisory Committee to make formal recommendations to improve FAA oversight of aircraft and parts certification The law further requires FAA to establish formal objectives to eliminate delays in certification increase accountability and establish a centralized policy office to oversee its authority to designate certain regulatory responsibilities to manufacturers FAA’s Organization Designation Authorization ODA program is to be centrally monitored to ensure consistency of audit functions and reduce restrictions on ODA certificate holders The act also requires FAA to assess its ODA oversight staffing needs and develop tools to help target its oversight activities Federal Aviation Administration “ Flightcrew Member Duty and Rest Requirements ” 77 2 Federal Register 330403 January 4 2012 Federal Aviation Administration “Flightcrew Member Duty and Rest Requirements Correction ” 77 95 Federal Register 28763 May 16 2012 19 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 21 Federal Aviation Administration “Pilot Certification and Qualification Requirements for Air Carrier Operations Final Rule ” 78 135 Federal Register 42324-42380 July 15 2013 Federal Aviation Administration “Safety Management Systems for Domestic Flag and Supplemental Operations Certificate Holder s ” 80 Federal Register 1307-1328 March 9 2015 20 Federal Aviation Administration “Qualification Service and Use of Crewmembers and Aircraft Dispatchers ” 78 Federal Register 67799-67846 November 12 2013 22 Congressional Research Service 10 Federal Civil Aviation Programs In Brief Following the crashes of two Boeing 737 Max airplanes overseas leading to a worldwide grounding of that aircraft aviation safety experts and policymakers have scrutinized the ODA concept and processes A multinational review of Boeing 737 Max certification in 2019 offered several recommendations to improve communications and oversight within the ODA framework 23 The review recommended that FAA work more closely with its counterparts in other countries to harmonize process for reviewing and overseeing changes to existing aircraft types and update regulatory guidance related to the aircraft type certification process emphasizing early FAA involvement in design and design changes and a more integrated approach to development and certification It also recommended that FAA review the ODA framework to ensure that individuals conducting certification activities do not face undue pressures that might affect decisions made on behalf of FAA and have open lines of communication with FAA P L 115-254 also requires FAA to reform aircraft operator oversight carried out by its flight standards offices FAA is required to establish appropriate performance objectives to eliminate delays increase accountability reduce duplication of effort fully utilize delegation and designation authorities and eliminate inconsistent regulatory interpretations and enforcement of flight standards The act directs FAA to address training in auditing and systems safety for flight standards personnel establish a single master source for regulatory guidance streamline appeals processes and increase transparency in flight standards oversight It directs FAA to establish a task force to develop recommendations for improving flight standards and assess whether flight standards offices can be realigned based on operational functions rather than geographical location The act also requires FAA to establish a centralized safety guidance database available to the public to improve transparency of FAA guidance on regulatory compliance and establish a Regulatory Consistency Communications Board to review questions regarding regulatory interpretations The Aircraft Safety and Certification Reform Act of 2020 S 3969 would mandate changes to the aircraft certification process the ODA program and FAA oversight of that program The bill would mandate FAA-approved safety management systems for aircraft manufacturers It would require that FAA review and approve all personnel assigned to an aircraft manufacturer’s ODA unit and would increase FAA involvement with and oversight of ODA activities The bill would also require FAA to convene an expert panel to review ODA best practices and would require FAA to address the panel’s findings and recommendations It would also require FAA to review and update existing requirements and guidance regarding human factors and human systems integration particularly those related to aircraft-pilot interfaces 23 Joint Authorities T echnical Review Boeing 737 MAX Flight Control System Observations Findings and Recommendations October 11 2019 https www faa gov news media attachments Final_JAT R_Submittal_to_FAA_Oct_2019 pdf Congressional Research Service 11 Federal Civil Aviation Programs In Brief Helicopter and Air Ambulance Safety A number of accidents have focused attention on the safety of helicopter air ambulance flights In February 2014 FAA mandated changes in helicopter operational procedures and cockpit technologies to improve operational safety 24 The regulations require commercial operating standards during all air ambulance flights with medical personnel onboard mandate radio altimeters and terrain awareness and warning systems and require operators to conduct preflight risk analyses and provide safety training or briefings to onboard medical personnel Operators with 10 or more helicopters are required to establish operations control centers staffed by FAAapproved operations control specialists A provision in P L 114-190 directed FAA to evaluate and update crash-resistance standards for helicopter fuel systems P L 115-254 mandates 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 following fatal crashes in New York City and Hawaii Following the March 11 2018 crash of a helicopter in the East River in New York City FAA temporarily restricted and then issued new guidance on procedures regarding doors-off flights The April 29 2019 crash of an air tour helicopter in a residential neighborhood on Oahu and the June 10 2019 crash of a privately owned helicopter in Manhattan have raised additional safety questions about helicopter operations in densely populated areas as helicopter pilots generally do not have to adhere to minimum safe altitudes set for airplanes 25 Aviation Cybersecurity Cybersecurity has been a growing concern for civil aviation as 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 security 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 It also instructed FAA to clarify roles and responsibilities among FAA employees take various actions to reduce cybersecurity risks to air traffic control systems and assess the cost and timeline of developing and maintaining an agency-wide cybersecurity threat model as recommended in a 2015 GAO study 26 P L 115-254 directs FAA to address cybersecurity in avionics and software systems in aircraft certification and assure that flight guidance and control systems are secured from potential hacking through in-flight entertainment systems The act calls on the National Academy of Sciences to carry out a study of FAA’s cybersecurity workforce and develop recommendations to increase the size quality and diversity of that workforce It also requires FAA to develop a “Cyber Testbed” to evaluate and validate the security of air traffic modernization technologies before they are deployed Federal Aviation Administration “Helicopter Air Ambulance Commercial Helicopter and Part 91 Helicopter Operations ” 79 Federal Register 9931-9979 April 22 2014 24 25 See 14 C F R §91 119 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 Congressional Research Service 12 Federal Civil Aviation Programs In Brief 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 Concern about the safety of outsourcing arose following the crash of a USAirways Express flight in January 2003 while taking off from Charlotte NC NTSB found that the plane’s elevator control system was rigged improperly while undergoing maintenance at a contract repair facility lacking sufficient oversight and quality assurance 27 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 28 Congress has expressed specific concern over the quality of work and oversight of maintenance performed on air carrier aircraft at maintenance facilities in foreign countries P L 112-95 required FAA to ensure that foreign repair stations are subject to inspections consistent with existing U S requirements at least annually consistent with obligations under international agreements P L 112-95 also mandated drug and alcohol testing programs at foreign repair stations that service air carrier aircraft The rulemaking has been delayed according to DOT because of a need to coordinate with foreign governments Although P L 114-190 set deadlines specifying that a proposed rule be published by mid-October 2016 with a final rule to be issued one year thereafter no formal action has been taken since FAA published an advance notice of proposed rulemaking in March 2014 29 P L 114-190 also directed FAA to focus on foreign repair stations that conduct heavy maintenance work on U S air carrier aircraft and to target oversight activities based on the frequency and severity of instances in which air carriers must take corrective actions following servicing at foreign facilities Integration of Unmanned Aircraft Over the past five years large numbers of small unmanned aircraft have taken flight in commercial operations ranging from photographing real estate to inspecting pipelines and hundreds of thousands have been sold to hobbyists engaged in aerial videography and drone racing Integrating drones into the national airspace system poses a number of challenges including the development of capabilities for drones to reliably sense and avoid other aircraft mitigation of risks to persons and property on the ground management of drone traffic and establishment of training standards for operators In June 2016 FAA published a final rule allowing routine commercial operation of certain small unmanned aircraft weighing less than 55 pounds 30 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 27 National T ransportation Safety Board Loss of Pitch Control During Takeoff Air Midwest Flight 5481 Raytheon Beechcraft 1900D N233YV NT SB AAR-04 01 Washington DC February 26 2004 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 28 Federal Aviation Administration “Drug and Alcohol T esting of Certain Maintenance Provider Employees Located Outside of the United States ” 79 Federal Register 14621-14630 March 17 2014 30 See 14 C F R Part 107 29 Congressional Research Service 13 Federal Civil Aviation Programs In Brief Future expansion of commercial applications for unmanned aircraft like remote monitoring and express package delivery service 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 controlled by a single operator and operate semi-autonomously P L 114-190 directed FAA to consider requests allowing beyond visual-line-of-sight operations and night flights to support construction inspection and repair of oil and gas facilities pipelines and power lines P L 115-254 directs FAA to authorize small drones to conduct package delivery and other operations involving the commercial carriage of property within one year and to implement a plan for managing drone traffic in low-altitude airspace FAA is still working on a regulatory framework for delivery drones but it has issued drone operator certificates under existing charter flight regulations in a few instances to carry out demonstration projects Regulations governing small commercial unmanned aircraft do not apply to drones and other remote-controlled aircraft operated strictly for hobby or recreation These aircraft have operated under a more lenient special rule for model aircraft set forth set in P L 112-95 In the wake of incidents involving collisions and close calls with manned aircraft P L 115-254 imposes somewhat tighter restrictions on hobbyists requiring FAA to establish requirements for testing operators’ knowledge of airspace and safety regulations authorizing FAA to require remote identification capabilities and imposing a general altitude restriction limiting flights to 400 feet and below Operators of model aircraft as well as commercial drones must register with FAA and can do so through an online registration system To address concerns over drone operations that violate airspace restrictions and interfere with manned aircraft operations P L 114-190 required FAA to develop standards for remote identification of unmanned aircraft It also established civil penalties for operators of drones that interfere with wildfire suppression law enforcement or other emergency response activities The act directed FAA to set procedures for imposing unmanned aircraft restrictions around critical infrastructure and other sensitive facilities including amusement parks and to set up a pilot program to detect unmanned aircraft It also directed FAA to coordinate with NASA to develop technologies for managing unmanned aircraft traffic and carry out studies assessing potential consequences of collisions between unmanned aircraft and various types of manned aircraft P L 115-254 prohibits operators from equipping unmanned aircraft with dangerous weapons and directs DOT to work with the Department of Defense to streamline the deployment of counterdrone technologies that can detect and interdict hostile or errant drones The act directs FAA to establish a pilot program to assess the use of remote detection and identification technologies to conduct safety oversight and carry out enforcement actions against drone operators The act also authorizes 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 The language parallels authority granted to the Department of Defense in the National Defense Authorization Act for Fiscal Year 2017 P L 114328 to protect certain military facilities in the United States from drones Author Information Bart Elias Specialist in Aviation Policy Congressional Research Service Rachel Y Tang Analyst in Transportation and Industry 14 Federal Civil Aviation Programs In Brief Disclaimer This document was prepared by the Congressional Research Service CRS CRS serves as nonpartisan shared staff to congressional committees and Members of Congress It operates solely at the behest of and under the direction of Congress Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role CRS Reports as a work of the United States Government are not subject to copyright protection in the United States Any CRS Report may be reproduced and distributed in its entirety without permission from CRS However as a CRS Report may include copyrighted images or material from a third party you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material Congressional Research Service R42781 · VERSION 18 · UPDATED 15