May 09, 2024

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

 

[WASHINGTON, DC] – Today, U.S. Senator and pilot Tammy Duckworth (D-IL)—a member of the U.S. Senate Committee on Commerce, Science and Transportation (CST) and Chair of the Commerce Subcommittee on Aviation Safety, Operations and Innovation—celebrated the full Senate passing the bipartisan Federal Aviation Administration (FAA) Reauthorization Act of 2024 with an overwhelming bipartisan vote of 88-4. Alongside CST Chair Maria Cantwell (D-WA), Ranking Member Ted Cruz (R-TX) and Aviation Safety Subcommittee Ranking Member Jerry Moran (R-KS), Duckworth helped author this landmark aviation safety legislation, which includes a number of provisions she successfully championed to help improve safety for consumers, expand the aviation workforce and enhance protections for travelers with disabilities. The bipartisan legislation now heads to the House of Representatives for final passage and, once passed, is expected to be signed into law by President Biden.

“This FAA Reauthorization is a true bipartisan win for our entire economy as well as a landmark improvement for aviation safety that will benefit the flying public and consumers across this country,” said Senator Duckworth. “Not only does this package include so many of my priorities—including my EVAC Act to ensure emergency evacuation testing reflects realistic situations, a provision upholding strong pilot certification standards and another increasing aviation workforce development funding by six-fold each year—it also represents the most significant effort by Congress in over a decade to make flying safer, easier and more accessible for passengers with disabilities. I’m so proud we got this done, and I hope the House sends it to the President as soon as possible so our new law can begin growing the aviation workforce, modernizing the FAA, increasing consumer protections for all passengers and strengthening the nation’s global standing as the gold standard in aviation safety—including the 1,500-hour rule—for years to come.”

Following a massive increase in flight disruptions, runway incursions, near-misses and a ground stop of the FAA’s entire National Airspace System while congressional work on this reauthorization took place in recent years, Duckworth remained a fierce, outspoken aviation safety advocate. In June of last year, Duckworth delivered an impassioned speech on the Senate floor on the importance of upholding the strong pilot certification standards, such as the 1,500-hour rule, in the FAA reauthorization bill and warned her Senate colleagues of the deadly consequences of complacency. At a Commerce Committee hearing in October to consider then-nominee Michael Whitaker for Administrator of the FAA, Duckworth also pushed for Whitaker to uphold pilot training standards—including the 1,500-hour rule—if confirmed, which he ultimately was. In November, Duckworth chaired an Aviation Safety, Operations and Innovation subcommittee hearing to address the chilling surge in near-deadly close calls involving commercial airlines that is adding serious pressure to our aviation workforce and putting the safety of the flying public at risk.

“While I’m proud we were able to pass this bipartisan investment in our nation’s aviation system and workforce, this FAA reauthorization package does not fully address the many vexing issues that have come to light with Boeing since a door plug blew out of an Alaska Airlines flight mid-flight,” said Duckworth. “Congress must look more closely at these issues and assess what additional legislation may be needed and I look forward to continuing my vigorous oversight of Boeing.”

Last month, Duckworth sharply criticized Boeing’s repeated bad behaviors relating to the 737 MAX program, outlining several examples of the aerospace giant failing to live up to its claim that it prioritizes safety above all else. Last month, Duckworth also urged FAA Administrator Michael Whitaker to examine why pilots were not aware that the cockpit door on the 737 MAX 9 was designed to automatically open during a rapid depressurization event until after the door plug fell out of Alaska Airlines flight 1282. In her letter to the Administrator, Duckworth also called on Whitaker to take into account other recent instances where Boeing failed to disclose 737 MAX flight deck features to pilots as FAA considers its response to this latest cockpit door issue. Additionally, Duckworth earlier this year called on the FAA to reject Boeing's petition for a safety exemption to allow the 737 MAX 7 to be certified to fly despite having another known safety defect that has not yet been fixed. The Senator also met with the Boeing’s CEO and called on him to withdraw the company’s decision, which the company did just days later, crediting Duckworth’s reasoning for the decision.

As airspace becomes more congested and new types of aircraft enter commercial use in our aviation system, the need for upgrades and investments in technology systems to ensure the safety of the flying public has become even more urgent. Consumers have logged record numbers of complaints with the U.S. Department of Transportation (DOT), with refunds consistently listed as a top complaint. And on top of other challenges, our nation’s aviation safety crisis has added additional pressure on our aviation workforce that is already facing unprecedented staffing shortages and red tape that makes hiring for these positions more difficult. The FAA Reauthorization Act of 2024 that passed the Senate today 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 also authorize $738 million in appropriations for the National Transportation Safety Board (NTSB) and more than $105 billion in appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, including:

  • $66.7 billion for FAA operations to fund key safety programs, from aircraft certification reform to air carrier oversight, and enable hiring, training and retention of safety-critical staff like air traffic controllers and technical engineers.
  • $17.8 billion for FAA facilities and equipment to fund modernization of key technologies and systems to ensure the resilience and development of the world’s most complex airspace system.
  • $19.35 billion for FAA airport infrastructure improvement grants to support more than 3,300 airports nationwide in meeting increasing demand and integration of emerging technologies. 
  • $1.59 billion for FAA research, engineering and development to help America keep competitive in the global race for innovative and sustainable aerospace technology.

Additionally, the bipartisan Senate-passed FAA Reauthorization will:

Improve Aircraft Accessibility by:

  • Improving Airport Accessibility: As a result of Duckworth’s leadership, the bill creates a new FAA pilot program to award grants to upgrade the accessibility of commercial service airports for people with disabilities.
  • Improving Evacuation Standards: The FAA’s current standards require that passengers—regardless of age or ability—be able to evacuate aircraft within 90 seconds. Thanks to a provision based on the Duckworth-Baldwin EVAC Act, the bill requires the FAA to study aircraft evacuation and an expert panel to evaluate gaps in current standards and procedures and make recommendations. The FAA must initiate a rulemaking on recommendations the FAA Administrator deems appropriate.
  • Extending the Disabilities Advisory Committee: The bill extends the Disabilities Advisory Committee, which oversees the air travel needs of passengers with disabilities and makes recommendations to the FAA, through 2028. 
  • Preventing Damage to Wheelchairs: Thanks to a provision based on the Duckworth-Thune MOBILE Act, the bill requires training for airline personnel on safely storing wheelchairs and scooters to avoid leaving travelers with disabilities with damaged or broken mobile assistance devices.
  • Accommodating Seating Requests for Passengers with Disabilities: Thanks to a Duckworth-authored provision, this bill allows passengers with disabilities to request seating to accommodate disability-related needs, such as being close to a restroom, being seated with a companion or assistant or providing more legroom.
  • Offering Onboard Wheelchair Requests: Thanks to a Duckworth-authored provision, this bill will help ensure customers know they can reserve onboard wheelchairs.
  • Helping Ensure Websites, Applications and Kiosks Are Accessible: Thanks to a provision based on Duckworth’s Equal Accessibility to Passenger Portals (Equal APP Act) and Senator Baldwin’s Air Carrier Access Amendment Act, which Senator Duckworth cosponsored, this bill will require the Secretary of Transportation to issue regulations to ensure that customer-facing websites, applications and kiosks of an air carrier, foreign air carrier or airport are accessible. It requires the Air Carrier Access Act Advisory Committee to periodically study web accessibility in this context and requires the Secretary to update regulations as necessary.
  • Strengthening Protections for Passengers with Disabilities: The bill strengthens Air Carrier Access Act enforcement protections for passengers with disabilities by ensuring airplanes are designed to accommodate people with disabilities and airlines meet accessibility standards.

Grow and Support the Aviation Workforce by:

  • Building the Aviation Pipeline, Improve Workforce Recruitment and Education: Thanks to a provision based in part on the Duckworth-Moran Aviation Workforce Development Enhancement Act, this bill will help expand the Aviation Workforce Development Grant Program and increase funding to $60 million per year through FY 2028 to grow the aviation workforce pipeline through the education and recruitment of pilots, maintenance technicians and aircraft manufacturing technical workers.
  • Addressing Air Traffic Controller (ATC) Shortages: With a shortage of approximately 3,000 air traffic controllers nationwide, the bill requires that FAA implement improved staffing standards developed with the labor workforce to close staffing gaps. The bill also requires FAA to set maximum hiring targets to increase air traffic controller staffing.
  • Improving Access to Quality ATC Controller Training: The bill increases access to high quality advanced training with deployment of more high-fidelity tower simulation systems in FAA air traffic control towers. These systems have been proven to reduce the training backlog and time it takes for controllers to reach certification by 27%.
  • Updating FAA Staffing Model to Hire More Safety Inspectors: The bill requires the FAA to update its aviation safety inspector model for a more accurate assessment of the number needed to perform safety oversight and to use it to boost hiring of manufacturing safety inspectors, engineers and technical specialists per year.
  • Jumpstarting Hiring for the FAA Safety Workforce: The bill requires the FAA to better leverage its direct hire authority to fill key safety positions related to aircraft certification and address gaps in FAA’s safety workforce.
  • Streamlining Job Pathways for Veterans: Thanks to a Duckworth-authored provision, the bill streamlines the transition for military servicemembers to civil aviation maintenance careers by requiring the creation of a new military mechanic competency test and increases FAA outreach and engagement on pathways to attain civilian mechanic certs. The aviation industry captures less than 10% of military aviation maintenance technicians.
  • Growing Veteran Pilot Pool: The bill establishes 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 will help grow the supply of qualified pilots to provide air service to rural communities.
  • Supporting Women in Aviation: Currently, less than 10% of licensed pilots are women and less than 3% are airline captains. The bill establishes a new Women in Aviation Advisory Committee at DOT, satisfying the Women in Aviation Advisory Board’s chief recommendation to focus on bringing more women into aviation careers and the entire industry.
  • Improving Flight Attendant Self-Defense Training: The bill enhances basic and advanced self-defense training for flight attendants to better protect themselves and respond to unruly passenger incidents and other threats.
  • Improving FAA’s Aeromedical System and Approach to Mental Health: The legislation establishes the Aeromedical Innovation and Modernization Working Group to modernize FAA’s evaluation of and approach to mental health and other conditions. The bill also improves the FAA’s ability to issue special medical approvals to address backlogs and get healthy pilots safely back to work.

Improve Aviation Safety by:

  • Mandating 25-Hour Cockpit Voice Recording Technologies: The bill requires commercial airplanes, including those newly manufactured, to be equipped with 25-hour cockpit recording devices to preserve critical data and inform future safety reforms consistent with NTSB recommendations.  
  • Reducing Runway “Close Calls”: This bill requires FAA to deploy the latest airport surface situational awareness technologies that track runway aircraft and vehicle movements to prevent collisions, evaluate runway safety technologies as well as increase deployment of Airport Surface Detection Equipment (ASDE-X) at airports.
  • Enhancing Aircraft Certification Reforms: This bill builds upon the Aircraft Certification, Safety and Accountability Act of 2020 (ACSAA) with new transparency, oversight and accountability requirements to promote full compliance with FAA safety standards for designing and manufacturing aircraft.
  • Raising International Safety Bar for Airline Operations: The bill codifies, for the first time, U.S. safety requirements for foreign countries whose carriers seek to service the U.S.
  • Strengthening the FAA’s Oversight of Foreign Repair Stations: The bill requires FAA oversight of foreign maintenance and repair stations working on U.S. aircraft to match that of U.S. maintenance and repair stations to ensure one level of safety. This provision also removes incentives to offshore U.S. aviation jobs to better protect and support U.S.-certified aircraft mechanics.
  • Building FAA Global Aviation Safety Leadership: The bill renews the FAA’s engagement with the International Civil Aviation Organization (ICAO) and bilateral partners to ensure the U.S. leads global aviation safety innovation.
  • Protecting Against Cyber Security Threats to Aircraft: The bill helps 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.
  • Updating Air Tour and Helicopter Safety Requirements: Responding to NTSB recommendations, the bill requires stronger safety requirements for commercial air tours and helicopter operations through increased FAA oversight, equipment upgrades and flight data monitoring.
  • Tracking High-Altitude Balloons: The bill requires the FAA to establish a new system and requirements for continuous aircraft tracking, including the altitude, location and identity of high-altitude balloons.
  • Improving Cabin Air Quality: The bill requires the FAA to further evaluate cabin air quality, establish a new method for reporting fume and smoke events for crewmembers as well as take action to address any relevant safety risks.
  • Ensuring Commercial Airlines Have Adequate Emergency Medical Kits On-Board: As a result of Duckworth’s leadership, this bill will 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.

Modernize the National Airspace System and Lead Global Aviation Innovation by:

  • Modernizing FAA Systems: The bill requires 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.
  • Planning for Future Airspace Technology: The bill provides 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.
  • Facilitating Commercial Use of Drones and Unmanned Aircraft: The bill directs 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. The bill also gives the FAA enforcement authority to prohibit unauthorized or unsafe use of UAS.
  • Extending the BEYOND program: The bill continues the BEYOND program, launched in 2020, for five years. Progress has been made under the Unmanned Aircraft Systems Integration Pilot Program which centers around developing standards, engaging communities and informing policies to facilitate the safe deployment and operation of drones.
  • Supporting Avenues to Safety Certification of Air Taxis: The bill supports pathways and additional certainty needed for the safety certification of advanced air mobility powered-lift aircraft, or “air taxis,” capable of vertical take-off and landing.

Expand Air Travel Service to More of America and Upgrading Airports by:

  • Ensuring Rural America’s Access to Air Travel: The bill strengthens the Essential Air Service (EAS) program and increases funding by over 111% per year to ensure small and rural communities remain connected to the National Airspace System and are not subject to a cost share. Scheduled air service is a critical economic driver and the EAS program benefits approximately 60 communities in Alaska and 115 communities in the lower 48 states.
  • Protecting Service to Small Airports: The bill incentivizes 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 contracts that could leave communities without air service. 
  • Bringing New Air Service to Small Airports: The bill increases funding for Small Community Air Service Development (SCASD) grants by 50% to $15 million per year to help small communities attract new air service to their small airports.
  • Rebuilding Airports, Terminals and Runways: The bill boosts Airport Improvement Program (AIP) funding from $3.35 billion per-year to $4.0 billion per-year beginning in FY25 to continue modernizing airport infrastructure as outlined in the Bipartisan Infrastructure Law.
  • Supporting Small Airports with Modern Infrastructure and Technology: The bill ensures 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.
  • Disposing of Harmful Airport Firefighting Chemicals: The bill establishes a new grant program to help airports dispose of PFAS, harmful forever chemicals used in firefighting foam as well as replace them with safer solutions for firefighters.

Improve Consumer Protections and Standards for A Better Flying Experience by:

  • Setting Clear Right to Refunds: For the first time, passengers will have a statutory right to a hassle-free refund if a flight is cancelled or delayed 3-hours domestically and if an international flight is delayed 6-hours.
  • Setting Minimum Standards for Airline Credits: When airlines offer credits in lieu of a refund, credits must be good for at least 5 years—so they don’t expire before they can be used.
  • Strengthening the Office of Aviation Consumer Protection: The bill authorizes, for the first time, the DOT’s Office of Aviation Consumer Protection to be led by a Senate-confirmed Assistant Secretary to ensure that there is an active, politically accountable cop on the beat advocating for consumers. The bill authorizes $70 million over five years for this new office.
  • Requiring Fee-Free Family Seating: The bill prohibits 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.
  • Tripling Civil Penalties for Violations: To hold airlines accountable, the bill triples the DOT’s statutory civil penalty for consumer violations from $25,000 per violation to $75,000. 
  • Improving Communication with Consumers When Things Go Wrong: During Southwest’s system meltdown, the airline failed to communicate with passengers stranded at airports. Some airlines dropped their call centers altogether or charged fees to speak to live agents on the phone. The bill requires airlines to provide free, 24/7 access to customer service agents by phone, live chat or text message.   
  • Making Airline Passenger Service Standards Comparison Dashboard Permanent: The bill requires DOT to permanently operate an online dashboard comparing information about airline family seating policies and consumer redress in the event of a delay or cancellation where the airline is at fault. And DOT must create a dashboard that shows consumers the minimum seat sizes for each U.S. airline.
  • Setting Reimbursement Policy for Incurred Costs: Airlines must establish policies regarding reimbursement for lodging, transportation between lodging and the airport as well as meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.

Continue Research and Development for Innovative Aviation Technologies by:

  • Expanding Research at the FAA’s Joint Centers of Excellence for Advanced Materials: The bill expands the Joint Centers of Excellence for Advanced Materials, co-led by the University of Washington and Wichita State University, to further research that could make aircraft lighter and more fuel efficient as well as improve aircraft safety and accessibility for individuals with disabilities.
  • Improving Modernization of FAA Systems Research: The bill creates a new research program to ensure continued modernization of the FAA’s aviation information systems.
  • Supporting Innovative Aircraft Jet Fuels Research: The bill expands 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. 
  • Furthering UAS and AAM Research: The bill expands 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. 
  • Increasing Small Business Recognition: This bill levels the playing field for small businesses to be able to further participate in the FAA’s Continuous Lower Energy, Emissions and Noise Program.
  • Creating Pathways for New Entrant Technologies: This bill works to research how to best introduce emerging aviation technologies into the airspace, including electric propulsion and hypersonic aircraft.
  • Exercises FAA Leadership in Hydrogen Research and Policy Development: The bill requires the FAA to coordinate with the Department of Energy to develop and execute a research strategy to enable the safe use of hydrogen in civil aviation. The FAA would also be required to exercise leadership in developing policies, standards and regulations to inform the safe certification of hydrogen-powered commercial aircraft.
  • Provides New Federal Investments in Unleaded Fuels Resources: The bill expands eligibility under the FAA’s Airport Improvement Program to fund critical infrastructure, such as storage tanks and pipelines, to support the transition from leaded aviation gasoline to unleaded aviation gasoline in airports across the country.

Empower the NTSB by:

  • Authorizing More Funding: This bill authorizes $738 million over five years for the NTSB, ensuring the agency has the workforce and resources it needs to thoroughly investigate accidents throughout the country.
  • Increasing Additional Workforce Training: Ensures the NTSB workforce can acquire new and additional training it needs on emerging transportation technologies so that investigators are prepared to investigate now and into the future.
  • Expanding New Investigative Authorities: This bill grants the NTSB additional authority to investigate and identify probable cause for any highway accident, including highway accidents that occur at railroad grade crossings, concurrent with any State investigation. It also requires the NTSB and relevant state agencies to coordinate to ensure both the NTSB and the state agencies have timely access to the information needed to conduct their investigations.
  • Ensuring Access to Data: This bill ensures that the NTSB will be able to obtain the recordings, recording information, design specifications as well as other data it needs from entities that are subject to an investigation by the NTSB.  
  • Improving Delivery of Family Assistance: This bill broadens the scope of assistance required to be provided by airlines to passengers and families of passengers who are affected by accidents.

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