Federal Civil Aviation Programs: In Brief

Federal Civil Aviation Programs: In Brief

Updated June 23, 2022

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 ............................................................................................................................ 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

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. 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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Federal Civil Aviation Programs: In Brief

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 Waybill 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)

(Alaska/Hawaii to/from mainland United States)b

$19.70

(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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Federal Civil Aviation Programs: In Brief

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

10,247

10,486

10,732

11,000

11,269

11,537

3,350

3,350

1,020

3,350

1,041

3,350

1,064

3,350

1,087

3,350

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.

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-thecares-act.

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Federal Civil Aviation Programs: In Brief

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 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 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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Federal Civil Aviation Programs: In Brief

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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Federal Civil Aviation Programs: In Brief

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/DayNight_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-214_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 performancebased 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-pilotexperience-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 FAA20 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-pushesfor-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/.

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-strengthencybersecurity/.

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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Federal Civil Aviation Programs: In Brief

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 lowaltitude 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. 114328).

Author Information

Bart Elias

Specialist in Aviation Policy

Rachel Y. Tang

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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Disclaimer

This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan

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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

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copy or otherwise use copyrighted material.

Congressional Research Service

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