February 08, 2024

Duckworth Applauds Committee Passage of Bipartisan FAA Reauthorization Bill She Helped Author

 

[WASHINGTON, DC] – After successful bipartisan negotiations, the U.S. Senate Committee on Commerce, Science and Transportation (CST) today favorably reported the Federal Aviation Administration (FAA) Reauthorization Act of 2023 that U.S. Senator and pilot Tammy Duckworth (D-IL)—the chair of the CST Subcommittee on Aviation Safety, Operations and Innovation—helped author alongside CST Chair Maria Cantwell (D-WA), Ranking Member Ted Cruz (R-TX) and CST Aviation Safety Subcommittee Ranking Member Jerry Moran (R-KS), and it is now expected to be considered by the full Senate. The legislation, which includes a number of provisions Duckworth championed to keep the flying public safe and improve the passenger experience, would help ensure the United States has reliable, safe and resilient air travel, stronger consumer protections, advanced research in aviation innovation and a modernized national airspace system to help maintain the nation’s gold standard in aviation safety for years to come.

“The bipartisan FAA Reauthorization Act is a win for aviation safety advocates and the flying public,” said Duckworth. “As Chair of the Subcommittee on Aviation Safety, Operations and Innovation, I’m so proud that this bill includes many of my priorities—including my EVAC Act and a provision that upholds strong pilot certification standards—to help make flying safer and more accessible for all Americans. I’m grateful to my colleagues on both sides of the aisle for working together to pass a strong, bipartisan bill through committee that helps modernize the FAA, boosts the aviation workforce, increases consumer protections and makes sure people with a disability are treated with the dignity and respect that all Americans deserve.”

Following massive flight disruptions, runway incursions, near-misses and a ground stop of the FAA’s entire National Airspace System throughout FAA reauthorization negotiations, Duckworth has been a fierce, outspoken aviation safety advocate as the American people have reasonably questioned the reliability and resiliency of systems underlying U.S. air transportation. Following last month’s horrific Alaska Airlines incident that resulted in a door plug flying off one of Boeing’s 737 MAX 9 aircraft midflight, Duckworth applauded FAA for increasing its oversight of Boeing production and manufacturing. Duckworth also urged the FAA to reject Boeing’s reckless petition requesting an exemption from safety certification standards to prematurely allow its 737 MAX 7 aircraft to enter commercial use before fixing a known safety flaw that could have catastrophic consequences on passenger and crew safety. After Boeing CEO Dave Calhoun met with Duckworth personally and heard her arguments to put passenger and crew safety ahead of profits, Boeing withdrew its petition—crediting Duckworth’s efforts during its meeting as part of the reason the company changed course.

As the airspace becomes more congested and we introduce new entrants, there is a need for upgrades and investments in technology systems to ensure the safety of the flying public. Consumers have logged record numbers of complaints with the U.S. Department of Transportation, with refunds consistently listed as a top complaint. On top of other challenges, our nation’s aviation safety crisis has added serious pressure on our aviation workforce that is already facing unprecedented staffing shortages and hiring red tape.

The FAA Reauthorization Act of 2023 would reauthorize the agency for the next five years and provide new guidance and standards for the agency, airlines, manufacturers and aviation workforce. It would authorize more than $107 billion in appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028:

  • $67.5 billion for FAA operations to fund key safety programs, from aircraft certification reform to air carrier oversight, while enabling the hiring, training and retention of safety critical staff, from air traffic controllers to technical engineers.
  • $18.2 billion for FAA facilities and equipment to fund the modernizing of key technologies, systems and equipment to ensure the resilience and development of the world’s most complex airspace system.
  • $20 billion for FAA airport improvement grants to support more than 3,300 airports nationwide and promote a sustainable and resilient infrastructure to meet increasing demand and integration of emerging technologies. 
  • $1.8 billion for FAA research, engineering and development, which will help America stay competitive in the global race for innovative and sustainable aerospace technology.

It would also authorize $720 million in appropriations for the National Transportation Safety Board for fiscal years 2024 through 2028. Additionally, the bill would:

Improve Aircraft Accessibility

  • Improves Evacuation Standards: This bill would require modernization and improvements to aircraft evacuation standards by requiring the FAA to conduct a comprehensive study on aircraft evacuation and have an expert panel evaluate gaps in current standards and operating procedures and make recommendations. The FAA must initiate a rulemaking on any recommendations the FAA Administrator deems appropriate. The FAA’s current standards require that passengers—regardless of age or ability—be able to evacuate aircraft within 90 seconds, but these standards must be updated to account for real-life conditions. 
    • This is a provision based on Duckworth’s EVAC Act.
  • Extends the Disabilities Advisory Committee: The bill would extend the Disabilities Advisory Committee through 2028, which oversees the air travel needs of passengers with disabilities and makes recommendations to the FAA.
  • Prevents Damage to Wheelchairs: The bill would empower consumers with information on cargo hold dimensions and requires training for airline personnel on safely storing wheelchairs and scooters to avoid leaving flyers with disabilities with damaged or broken mobile assistance.
    • This provision is based on Duckworth’s MOBILE Act.
  • Accommodates Seating Requests for Passengers with Disabilities: This bill would allow passengers with disabilities to request seating locations on aircraft to accommodate disability-related needs, such as being close to a restroom, being seated with a companion or assistant or providing more legroom.
    • Duckworth authored this provision.
  • Offers Onboard Wheelchair Requests: This bill would ensure customers know they can reserve onboard wheelchairs.
    • Duckworth authored this provision.
  • Strengthens Protections for Passengers with Disabilities: The bill would strengthen Air Carrier Access Act enforcement protections for passengers with disabilities. These protections would ensure airplanes are designed to accommodate people with disabilities and that airlines meet accessibility standards, including safe boarding and deplaning, visually accessible announcements and more.

Grow the Aviation Workforce and Creating Jobs to Meet Demand

  • Expands Aviation Pipeline, Recruitment and Education: This bill would expand and increase funding for the FAA’s Aviation Workforce Development Grant Program to grow the aviation workforce pipeline and support the education and recruitment of pilots, maintenance technicians and aircraft manufacturing technical workers. The bill would also require the FAA to develop a national plan to address critical shortages in the industry.
  • Addresses the Air Traffic Control (ATC) Shortages: This bill would require the FAA to revise and implement improved air traffic control staffing standards, based on a model developed with the labor workforce, to better address staffing shortages and meet increasing demand.
  • Expands ATC Controller Training Capacity: This bill would aim to bring more air traffic controllers into the workforce and expand FAA air traffic control training capacity with a new FAA training academy as well as reduce the training backlog for FAA and Federal Contract Tower Program controllers.
  • Fixes FAA Staffing Model to Hire More Safety Inspectors: This bill would require the FAA to update its aviation safety inspector model to provide a more accurate assessment of safety inspectors needed to perform safety oversight and requires the FAA to hire more manufacturing safety inspectors, engineers and technical specialists per year.
  • Boosts Student Loan Limits to Help Fund Flight Training: By incorporating the Flight Education Access Act, the bill would increase the maximum borrowing limits for federal direct student loans to offset the costs of flight training at accredited flight schools required to obtain a commercial pilot license from certificate, 2-year and 4-year degree programs.
  • Jumpstarts Hiring for the FAA Safety Workforce: This bill would require the FAA to better leverage its direct hire authority to fill key safety positions and gaps in the technical workforce related to aircraft certification.
  • Streamlines Job Pathways for Veterans: This bill would streamline the transition for military servicemembers to civil aviation maintenance careers and increase the FAA’s outreach and engagement on pathways to attain civilian mechanic certifications. Currently, the aviation industry captures less than 10% of military aviation maintenance technicians.
  • Grows Veteran Pilot Pool: This bill would establish a competitive grant program at DOT to enable eligible flight training schools to recruit and train Veterans, who are not already military aviators, to become commercial pilots and certified flight instructors. By covering costs beyond existing Veteran education benefits, the measure would help grow the supply of qualified pilots to provide air service to rural communities.
  • Supports Women in Aviation: This bill would establish a new Women in Aviation Advisory Committee at DOT, consistent with the Women in Aviation Advisory Board’s chief recommendation, to focus on bringing more women into aviation careers and the entire industry. Currently, less than 10% of licensed pilots are women and less than 3% are airline captains.
  • Improves Flight Attendant Self-Defense Training: This bill would enhance self-defense training for flight attendants to protect themselves and better respond to unruly passenger incidents and other threats.
  • Supports Pilot Mental Health: This bill would establish the Aviation Medical Innovation and Modernization Working Group to address pilot mental health. The bill would also improve the FAA’s ability to issue special medical approvals to address backlogs and get healthy pilots back to work.

Modernize America’s Airport Infrastructure

  • Rebuilds Airports, Terminals and Runways: This bill would increase Airport Improvement Program (AIP) funding levels over the next five years from $3.35 billion to $4.0 billion to build modern airport infrastructure as outlined in the Bipartisan Infrastructure Law.
  • Supports Small Airports with Modern Infrastructure and Technology: This bill would ensure small airports are not left behind and that the needs of small communities and rural airports are met through stable AIP funding and reduced local share requirements.
  • Disposes of Harmful Airport Firefighting Chemicals: This bill would establish a new grant program to help airports dispose of PFAS, harmful forever chemicals, that are used in firefighting foam to put out fires on runways and airfields and replace it with safer solutions for firefighters.
  • Improves Airport Accessibility: This bill would create a new FAA pilot program to award grants to airports to carry out capital projects to upgrade the accessibility of commercial service airports for people with disabilities.
    • Duckworth led on this provision.
  • Ensures Rural America’s Access to Air Travel: The bill would strengthen the Essential Air Service (EAS) program and triple funding to ensure small and rural communities remain connected to the National Airspace System. Scheduled air service is a critical economic driver for smaller communities and the EAS program benefits approximately 60 communities in Alaska and 115 communities in the lower 48 states. 
  • Broadens Eligibility Requirement for EAS Airlines: The bill would remove antiquated aircraft limitations to ensure that EAS communities receive as many bids as possible from a variety of airlines to ensure air service remains competitive.
  • Protects Service to Small Airports: The bill would incentivize airlines to honor their EAS contracts by giving DOT the ability to penalize airlines that seek to abandon EAS communities and make it harder for airlines to terminate their contracts that could leave communities without air service. 
  • Brings New Air Service to Small Airports: The bill would double funding for Small Community Air Service Development (SCASD) grants to $20 million per year to help small communities attract new air service to their small airports.

Improve Aviation Safety

  • Stops Runway “Close Calls”: This bill would require the FAA to increase runway safety by deploying the latest airport surface detection equipment and technologies that track runway aircraft and vehicle movements to prevent collisions. So far, technology like the Airport Surface Detection Equipment (ASDE-X) has been deployed at 43 airports across the nation.
  • Enhances Aircraft Certification Reforms: This bill would build upon the Aircraft Certification, Safety and Accountability Act of 2020 (ACSAA) by establishing new transparency, oversight and accountability requirements to promote full compliance with FAA safety standards for designing and manufacturing aircraft.
  • Strengthens FAA’s Oversight of Foreign Repair Stations: This bill would mandate increased scrutiny of foreign maintenance and repair stations working on U.S. aircraft to ensure one level of safety and support for U.S.-certified aircraft mechanics.
  • Updates Air Tour and Helicopter Safety Requirements: Responding to NTSB recommendations for recent accidents, the bill would require stronger safety requirements for commercial air tour and helicopter operations through increased FAA oversight, new safety management systems, equipment upgrades and flight data monitoring.
  • Mandates New 25-Hour Cockpit Voice Recording Technologies: The bill would require new 25-hour cockpit recording devices to preserve critical data to inform future safety reforms consistent with National Transportation Safety Board recommendations.  
  • Tracks High-Altitude Balloons: Following recent U.S. airspace intrusions, this bill would require the FAA to establish a new system and requirements for continuous aircraft tracking, including the altitude, location and identity of high-altitude balloons.
  • Improves Cabin Air Safety: This bill would benefit passengers and airline crewmembers by requiring the FAA to evaluate cabin air quality and advance rules for airlines to provide training and reporting for fume events onboard commercial aircraft from engine oil and hydraulic fluid.
  • Protects Against Cyber Security Threats to Aircrafts: This bill would help protect aircraft electronics, including piloting control, against cyber security threats through new FAA requirements and review of the FAA’s current strategic framework for aviation security.
  • Raises International Safety Bar for Airline Operations: The bill would codify, for the first time, U.S. safety requirements for foreign airlines operating to the United States or code-sharing with U.S. airlines through FAA assessments of safety oversight by foreign countries.
  • Builds FAA Global Aviation Safety Leadership: This bill would renew the agency’s engagement with the International Civil Aviation Organization (ICAO) and bilateral partners to build up FAA’s aviation safety leadership in an increasingly competitive global environment. 
  • Ensures Commercial Airlines Have Adequate Emergency Medical Kits On-Board: This bill would require the FAA to review required contents of passenger aircraft emergency medical kits and relevant training for crew members at least once every five years.
    • Duckworth led on this provision.

Modernize the National Airspace System and Leading Global Aviation Innovation

  • Modernizes FAA Systems: This bill would require the FAA to complete the last stage of NextGen by December 31, 2025, and upgrade the National Airspace System with the latest software and infrastructure, enabling the transition from legacy systems.
  • Creates a New Innovation Office: This bill would establish a new airspace innovation office to lead the continued modernization of the airspace system and meet the needs of a diverse set of airspace users, such as advanced air mobility.
  • Plans for Future Airspace Technology: This bill would provide the FAA with resources and direction to complete the next stage of airspace modernization by deploying new air traffic management and surveillance technologies and incorporating the lessons learned from previous modernization efforts.
  • Facilitates Commercial Use of Drones and Unmanned Aircraft: This bill would direct the FAA to establish a pathway for beyond visual line-of-sight operations and create two additional test sites for companies to start using unmanned aircraft (UAS) for package delivery or other operations. This bill would also give the FAA enforcement authority to prohibit unauthorized or unsafe use of UAS.
  • Extends the BEYOND program: Through partnerships with state, local and Tribal governments, the BEYOND program continues the progress made under the Unmanned Aircraft Systems Integration Pilot Program. This 4-year initiative, which launched on October 26, 2020, centers around developing standards, engaging communities and informing policies to facilitate the safe deployment and operation of drones.
  • Extends the BEYOND program: Launched in 2020, the BEYOND program continues the progress made under the Unmanned Aircraft Systems Integration Pilot Program and centers around developing standards, engaging communities and informing policies to facilitate the safe deployment and operation of drones. The bill continues the program for five years.
  • Supports Pathways to Certifying Vertical Take-off, Powered-lift Aircraft: This bill would support pathways and additional certainty needed for the safety certification of advanced air mobility powered-lift aircraft, commonly referred to as “air taxis,” which are capable of vertical take-off and landing.

Connect More of America with Expanded Air Travel Service

  • Brings More Air Service to Rural and Underserved Areas: The bill would strengthen the Essential Air Service (EAS) program and triples funding to ensure small and rural communities remain connected to the National Airspace System. Scheduled air service is a critical economic driver for smaller communities and the EAS program benefits approximately 60 communities in Alaska and 115 communities in the lower 48 states. 
  • Broadens Eligibility Requirement for EAS Airlines: This bill would remove antiquated aircraft limitations to ensure that EAS communities receive as many bids as possible from a variety of airlines to ensure air service remains competitive.
  • Protects Service to Small Airports: This bill would incentivize airlines to honor their EAS contracts by giving DOT the ability to penalize airlines that seek to abandon EAS communities and make it harder for airlines to terminate their contracts in a way that could leave communities without air service.
  • Brings New Air Service to Small Airports: The bill would double funding for Small Community Air Service Development (SCASD) grants to $20 million per year to help small communities attract new air service to their small airports.
  • Rebuilds Airports, Terminals and Runways: The bill would boost Airport Improvement Program (AIP) funding over the next five years from $3.35 billion to $4.0 billion to continue modernizing airport infrastructure as outlined in the Bipartisan Infrastructure Law.
  • Supports Small Airports with Modern Infrastructure and Technology: The bill would ensure small airports are not left behind and the needs of small communities and rural airports are met through stable AIP funding and reduced local share requirements.
  • Disposes of Harmful Airport Firefighting Chemicals: The bill would establish a new grant program to help airports dispose of PFAS, harmful forever chemicals used in firefighting foam, and replace them with safer solutions for firefighters.
  • Improves Airport Accessibility: The bill would create a new FAA pilot program to award grants to airports to upgrade the accessibility of commercial service airports for people with disabilities.

Improve Consumer Protections and Standards for A Better Flying Experience

  • Sets Clear Right to Refunds: For the first time, passengers would have clear standards in law for refunds when an airline cancels or significantly delays a flight. And for delays, passengers would now know for certain when a refund is due: a 3-hour delay for domestic flights and a 6-hour delay for international flights. Finally, airlines would be required to have an easy-to-find refund request buttons on their websites.
  • Extends Airline Vouchers for Consumers:  The bill requires airlines to accept vouchers and credits for at least five years.
  • Strengthens the Office of Aviation Consumer Protection: The bill would authorize, for the first time, the DOT’s Office of Aviation Consumer Protection, which will be led by a Senate-confirmed Assistant Secretary for Aviation Consumer Protection to ensure that there is an active, politically accountable cop on the beat advocating for consumers. By elevating and firmly establishing this office, passengers can be assured that the DOT has the resources to fight for their interests.
  • Triples Civil Penalties for Violations: To hold airlines accountable, the bill would triple the DOT’s statutory civil penalty amount for aviation consumer violations from $25,000 per violation to $75,000.
  • Improves Communication with Consumers When Things Go Wrong: During Southwest’s system meltdown, the airline failed to communicate with passengers left stranded at airports. And other airlines had dropped their call centers altogether or started to charge fees to speak to live agents on the phone. No longer. This bill would require airlines to provide free, 24/7 access to customer service agents by phone, live chat or text message.
  • Requires Fee-Free Family Seating: This bill would prohibit airlines from charging fees for families to sit together. Working families shouldn’t have to be burdened by fees just so their young child isn’t seated next to a stranger.
  • Improves Transparency for Fees and Consumer Protections: Under the bill, airlines would now display core ancillary fees to customers prior to booking, and electronic boarding passes and itineraries must have a link to DOT’s aviation consumer protection website and to DOT’s complaint form. The bill also would require airports to display “know your rights” posters with information about passenger rights related to refunds, delays and cancellations, and lost and delayed baggage.
  • Airline Passenger Service Standards Comparison Dashboard: The bill would require the DOT to permanently operate and update an online dashboard to compare information about airline family seating policies and consumer redress in the event of a delay or cancellation where the airline is at fault. Since DOT launched its family seating dashboard earlier this year, several airlines have changed their policies to guarantee that families can sit together for free. And thanks to the bill, DOT would have to create another dashboard that shows consumers the minimum seat sizes for each U.S. airline.

Continue Research and Development for Innovative Aviation Technologies

  • Expands Research at FAA’s Joint Centers of Excellence for Advanced Materials: This bill would expand the Joint Centers of Excellence for Advanced Materials, co-led by the University of Washington and Wichita State University, to further research on innovative advanced materials and composites that could make aircraft lighter and more fuel efficient and improve aircraft safety and accessibility for individuals with disabilities.
  • Improves Modernization of FAA Systems Research: This bill would create a new research program to ensure the continued modernization of the FAA’s aviation information systems.
  • Supports Innovative Aircraft Jet Fuels Research: This bill would expand critical research at the FAA Center of Excellence for Alternative Jet Fuels and Environment (ASCENT) to promote safety, cut carbon emissions and make commercial aviation more fuel efficient. 
  • Furthers UAS and AAM Research: This bill would expand FAA research to safely integrate unmanned aircraft systems and advanced air mobility into the national airspace system, including making it easier for first responders to use drones for disaster response.
  • Improves Federal Commercial Aviation Partnerships: This bill would enhance the FAA and NASA commercial aviation coordination and partnerships on advanced aviation technologies and innovative aeronautics research and development.
  • Small Business Recognition: This bill would level the playing field for small businesses to be able to further participate in the FAA’s Continuous Lower Energy, Emissions and Noise Program.
  • Creates Pathways for New Entrant Technologies: This bill would work to research how to best introduce emerging aviation technologies into the airspace, including electric propulsion and hypersonic aircraft.

Text of the committee-passed version will soon be available on congress.gov.

The CST Committee held eight aviation hearings to inform the bill’s drafting, including: integrating new entrants into the National Airspace System on September 28, 2022, strengthening airline operations and consumer protections following the Southwest and holiday cancellations on February 9, 2023, modernizing the FAA’s NOTAM system following failures on February 15, 2023, overseeing aviation safety and the Aircraft Certification, Safety and Accountability Act on March 8, 2023, strengthening the aviation workforce on March 16, 2023, enhancing consumer protections and small airport connectivity on March 23, 2023 and advancing the next generation of aviation technologies on March 29, 2023 as well as addressing close calls to improve aviation safety on November 9, 2023—which Senator Duckworth led as Chair of the Subcommittee on Aviation Safety, Operations and Innovation.

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