FAA Reauthorization Act of 2024

What H.R. 3935 does, in plain terms

FAA Reauthorization Act of 2024 This act reauthorizes through FY2028 and revises Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) programs and activities. TITLE I--AUTHORIZATIONS (Sec. 101) This section reauthorizes through FY2028 the FAA's airport planning and development and airport noise compatibility planning and programs. (Sec. 102) This section reauthorizes through FY2028 the FAA's facilities and equipment. (Sec. 103) This section reauthorizes through FY2028 the FAA's operations. (Sec. 104) This section reauthorizes through FY2028 (1) an extension of the non-premium war risk insurance program; (2) Marshall Islands, Micronesia, and Palau discretionary funds; (3) aviation weather reporting programs; (4) Midway Island Airport funding; and (5) the Safety Oversight and Certification Advisory Committee. TITLE II--FAA OVERSIGHT AND ORGANIZATIONAL REFORM (Sec. 201) This section establishes the leadership structure of the FAA, which includes the Administrator and the Deputy Administrator. (Sec. 202) This section establishes a new FAA Assistant Administrator for Rulemaking and Regulatory Improvement and specifies various duties for the assistant administrator. (Sec. 203) This section prohibits the FAA Administrator and Deputy Administrator from holding a financial interest (e.g., ownership, equity, or security interest) in an aeronautical enterprise or engaging in another business, vocation, or employment. This section also specifies that the prohibition against holding a financial interest in aeronautical enterprises does not apply to index funds. Further, the Deputy Administrator must receive prior approval from the Administrator to receive compensation for teaching. (Sec. 204) This section establishes the authorities of the FAA relating to those of the Department of Transportation (DOT). This includes the final authority for carrying out all functions, powers, and duties for the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of FAA property, facilities, services, and equipment, including all elements of FAA-owned air traffic control systems. This section also specifies the FAA's rulemaking approval procedures. (Sec. 205) This section directs the FAA to establish a regulatory process review team to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials. The review team must submit a report to the FAA, and the FAA must develop an action plan to implement the review team’s recommendations. Further, the DOT Office of Inspector General (OIG) must review the coordination and approval processes for FAA-produced non-regulatory materials in order to improve the timeliness, transparency, development, and issuance of such materials. The DOT OIG must submit a report to the FAA. The FAA must develop an action plan based on the DOT OIG recommendations. The FAA must also brief Congress on the action plan. (Sec. 206) This section directs the FAA to operationalize all of the key programs under the NextGen program by December 31, 2025, and sunset the FAA Office of NextGen on that date. Further, management of the NextGen Advisory Committee must be transferred to the Chief Operating Officer of the air traffic control system. (NextGen is a multifaceted program to modernize and improve the efficiency of the national airspace system, primarily by migrating from a system using ground-based navigation infrastructure and radar tracking of flights to satellite-based navigation and aircraft tracking.) The section also requires the incorporation of any advanced air mobility relevant functions, duties, and responsibilities of the FAA's NAS Systems Engineering and Integration Office into the FAA’s Office of Aviation Safety. Further, this section expands and renames the William J. Hughes Technical Center for Advanced Aerospace (formerly the William J. Hughes Technical Center) to support the advancement of aerospace safety and innovation. (Sec. 207) This section directs the FAA to establish an Airspace Modernization Office within the FAA, or task an existing office with the functions of the office, on January 1, 2026. The office’s responsibilities include developing an integrated plan to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users. The FAA must submit an integrated plan to Congress by May 16, 2027. The FAA must also provide annual briefings to Congress. Following the submission of the initial integrated plan, the DOT OIG must begin a review of the integrated plan and submit an assessment and recommendations to Congress. (Sec. 208) This section requires the FAA Deputy Administrator to determine the benefits of a public-facing dashboard that provides certain FAA applicants the ability to track the status of an FAA application (e.g., an airman certificate, pilot certificate, medical certificate, or aircraft registration). The Deputy Administrator must provide the FAA Administrator with a recommendation regarding the need for, or benefits of, a dashboard or other means to track an application status. Further, the Deputy Administrator must determine whether it would be beneficial to provide a public feedback portal on the FAA website that allows the public to provide feedback to the Administrator about experiences individuals have working with FAA personnel. (Sec. 210) This section makes a technical correction to a provision regarding the Civil Aeromedical Institute. (Sec. 211) This section repeals the FAA Air Traffic Services Board. The section also renames and restructures the Federal Aerospace Management Advisory Council (MAC). The 13-member MAC advises the FAA's senior management on policy, spending, and regulatory matters. (Sec. 212) This section removes the requirement that the appointment of the Chief Operating Officer (COO) for the air traffic control system be approved by the Air Traffic Services Board. (Sec. 211 repeals the board.) In addition, this section specifies certain responsibilities of the COO, for example the state of good repair for the air traffic control system. (Sec. 213) This section requires the FAA to annually submit a report to Congress and DOT (within 10 days of the President submitting a budget to Congress) on any unfunded capital investment needs of the air traffic control system. (Sec. 214) This section specifies the minimum qualifications necessary for the position of FAA Chief Technology Officer (CTO) and applies certain restrictions on postemployment activities (e.g., lobbying) to the CTO. (Sec. 215) This section includes in the FAA definition of an air traffic control system the systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with FAA approval. (Sec. 216) This section requires the DOT Office of Inspector General (OIG) to perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations. The DOT OIG must perform the peer review every five years and submit a report to Congress. This section also removes the current requirement for annual reporting to Congress on submissions of complaints. (Sec. 217) This section requires the FAA to designate a Cybersecurity Lead as the lead for FAA cybersecurity systems and hardware. The Cybersecurity Lead must brief Congress on the implementation of specific aviation cybersecurity requirements of this act. (Sec. 218) This section repeals various requirements for DOT and the FAA to submit reports or provide briefings to Congress and the Administration. This section also repeals various rulemaking requirements. (Sec. 219) This section authorizes DOT to provide service of notice and process electronically (or by facsimile transmission) to an air carrier or a foreign air carrier in all proceedings before, and actions of, DOT or the FAA. Current law requires service be made by personal service, on a designated agent, or by certified or registered mail. (Sec. 220) This section requires that the FAA initiate the digitization of at least three FAA certification processes based on the FAA’s identification of processes that require paper-based information exchange between external entities and the FAA (e.g., an aircraft certification, aircraft registration, or airmen certification or authorization, an exemption, or a letter of authorization). The digitization of any process must allow applicants to track the application, including its status, through the review process. The FAA must brief Congress on the progress of such digitization. (Sec. 221) This section provides that the FAA may establish telework policies for employees that allow for the FAA to reduce the office footprint and associated FAA expenses, while requiring that the policy meets certain standards. These standards include that the policy does not reduce the safety and efficiency of the national airspace system; provides for a certain level of on-the-job training opportunities for FAA personnel; optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions; and ensures that employee locality pay accurately reflects the employee’s telework status and duty station. Further, the FAA must provide secure network capacity, communications tools, and secure access to FAA data and equipment to any FAA employee with an established telework policy. The FAA must provide updates to Congress on the telework policy. Before updating any telework agreements, the FAA must consult with labor organizations representing air traffic controllers and FAA airway transportation systems specialists, aviation safety inspectors, and engineers. (Sec. 222) This section directs DOT to complete an inventory review of the FAA's domestic office footprint. For example, the report must include (1) a determination of the space adequacy related to the Americans with Disabilities Act of 1990 and other guidelines, and (2) how telework policies will impact space usage. DOT must submit a report to Congress which describes opportunities for (1) the consolidation of offices within a reasonable distance from one another, (2) the collocation of regional or satellite offices of separate modes of DOT, and (3) the use of coworking spaces instead of permanent offices. (Sec. 223) This section provides statutory authority for DOT to prohibit the disclosure of information obtained or developed in the process of ensuring security if DOT determines that disclosing the information would (1) be an unwarranted invasion of personal privacy, (2) reveal a trade secret or privileged or confidential commercial or financial information, or (3) be detrimental to transportation safety. (These authorities were repealed as part of the FAA Reauthorization Act of 2018.) This section is effective as of October 5, 2018. All authority restored to DOT and the FAA under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018. (Sec. 224) This section directs the FAA to encourage employee participation in recognized industry standards organizations in order to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations. FAA employees directed to participate in a working group, task group, or committee of an organization must meet certain participation requirements (e.g., actively participate and contribute). (Sec. 226) This section directs the FAA to designate that any aviation rulemaking committee convened under this act is exempt from Federal Advisory Committee Act requirements. (Sec. 227) This section allows the FAA administrative services franchise fund to be reimbursed after perfor

Official summary by the Congressional Research Service, via Congress.gov.