[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]
FAA REAUTHORIZATION ACT OF 2024: AN UPDATE ON IMPLEMENTATION ONE YEAR
LATER
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(119-21)
HEARING
BEFORE THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
__________
MAY 15, 2025
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
__________
U.S. GOVERNMENT PUBLISHING OFFICE
61-684 PDF WASHINGTON : 2025
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COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Sam Graves, Missouri, Chairman
Rick Larsen, Washington, Ranking
Member
Eleanor Holmes Norton, Eric A. ``Rick'' Crawford,
District of Columbia Arkansas,
Jerrold Nadler, New York Vice Chairman
Steve Cohen, Tennessee Daniel Webster, Florida
John Garamendi, California Thomas Massie, Kentucky
Henry C. ``Hank'' Johnson, Jr., Georgiaott Perry, Pennsylvania
Andre Carson, Indiana Brian Babin, Texas
Dina Titus, Nevada David Rouzer, North Carolina
Jared Huffman, California Mike Bost, Illinois
Julia Brownley, California Doug LaMalfa, California
Frederica S. Wilson, Florida Bruce Westerman, Arkansas
Mark DeSaulnier, California Brian J. Mast, Florida
Salud O. Carbajal, California Pete Stauber, Minnesota
Greg Stanton, Arizona Tim Burchett, Tennessee
Sharice Davids, Kansas Dusty Johnson, South Dakota
Jesus G. ``Chuy'' Garcia, Illinois Jefferson Van Drew, New Jersey
Chris Pappas, New Hampshire Troy E. Nehls, Texas
Seth Moulton, Massachusetts Tracey Mann, Kansas
Marilyn Strickland, Washington Burgess Owens, Utah
Patrick Ryan, New York Eric Burlison, Missouri
Val T. Hoyle, Oregon Mike Collins, Georgia
Emilia Strong Sykes, Ohio, Mike Ezell, Mississippi
Vice Ranking Member Kevin Kiley, California
Hillary J. Scholten, Michigan Vince Fong, California
Valerie P. Foushee, North Carolina Tony Wied, Wisconsin
Christopher R. Deluzio, Pennsylvania Tom Barrett, Michigan
Robert Garcia, California Nicholas J. Begich III, Alaska
Nellie Pou, New Jersey Robert P. Bresnahan, Jr.,
Kristen McDonald Rivet, Michigan Pennsylvania
Laura Friedman, California Jeff Hurd, Colorado
Laura Gillen, New York Jefferson Shreve, Indiana
Shomari Figures, Alabama Addison P. McDowell, North
Carolina
David J. Taylor, Ohio
Brad Knott, North Carolina
Kimberlyn King-Hinds,
Northern Mariana Islands
Mike Kennedy, Utah
Robert F. Onder, Jr., Missouri
Jimmy Patronis, Florida
CONTENTS
Page
Summary of Subject Matter........................................ v
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Chairman, Committee on Transportation and
Infrastructure, opening statement.............................. 1
Prepared statement........................................... 2
Hon. Rick Larsen, a Representative in Congress from the State of
Washington, and Ranking Member, Committee on Transportation and
Infrastructure, opening statement.............................. 3
Prepared statement........................................... 5
WITNESSES
Jodi Baker, Deputy Associate Administrator for Aviation Safety,
Federal Aviation Administration, accompanied by Frank McIntosh,
Deputy Chief Operating Officer, Air Traffic Organization,
Federal Aviation Administration, and Wayne Heibeck, Deputy
Associate Administrator for Airports, Federal Aviation
Administration; oral statement of Ms. Baker.................... 7
Joint prepared statement of Ms. Baker, Mr. McIntosh, and Mr.
Heibeck.................................................... 9
Derrick Collins, Director, Physical Infrastructure, U.S.
Government Accountability Office, oral statement............... 12
Prepared statement........................................... 13
SUBMISSIONS FOR THE RECORD
Op-ed entitled, ``Time Is Running Out for the U.S. Air-Traffic
Control System,'' by Robert Poole, Wall Street Journal, May 9,
2025, Submitted for the Record by Hon. Scott Perry............. 33
Article entitled, ``Internal FAA Report Downplayed Risks of Data
Outage Affecting Newark Air Traffic Controllers,'' by Blake
Ellis, Casey Tolan, and Kyung Lah, CNN, May 9, 2025, Submitted
for the Record by Hon. Laura Gillen............................ 76
Statement of the Association for Uncrewed Vehicle Systems
International, Submitted for the Record by Hon. Sam Graves..... 95
APPENDIX
Questions to Jodi Baker, Deputy Associate Administrator for
Aviation Safety, Federal Aviation Administration, from:
Hon. Scott Perry............................................. 99
Hon. Vince Fong.............................................. 99
Hon. Steve Cohen............................................. 100
Hon. John Garamendi.......................................... 102
Hon. Henry C. ``Hank'' Johnson, Jr........................... 102
Questions to Frank McIntosh, Deputy Chief Operating Officer, Air
Traffic Organization, Federal Aviation Administration, from:
Hon. Daniel Webster.......................................... 103
Hon. Scott Perry............................................. 103
Hon. Vince Fong.............................................. 103
Hon. Henry C. ``Hank'' Johnson, Jr........................... 104
Hon. Patrick Ryan............................................ 104
Question to Wayne Heibeck, Deputy Associate Administrator for
Airports, Federal Aviation Administration, from Hon. Scott
Perry.......................................................... 106
Questions to either Jodi Baker, Deputy Associate Administrator
for Aviation Safety, Federal Aviation Administration; Frank
McIntosh, Deputy Chief Operating Officer, Air Traffic
Organization, Federal Aviation Administration; or Wayne
Heibeck, Deputy Associate Administrator for Airports, Federal
Aviation Administration; from Hon. Robert Garcia............... 106
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 9, 2025
SUMMARY OF SUBJECT MATTER
TO: LMembers, Committee on Transportation and
Infrastructure
FROM: LStaff, Committee on Transportation and
Infrastructure
RE: LFull Committee Hearing on ``FAA Reauthorization
Act of 2024: An Update on Implementation One Year Later''
_______________________________________________________________________
I. PURPOSE
The Committee on Transportation and Infrastructure will
meet on May 15, 2025, at 10:00 a.m. ET in 2167 Rayburn House
Office Building to receive testimony at a hearing entitled,
``FAA Reauthorization Act of 2024: An Update on Implementation
One Year Later.'' As the one-year anniversary of the enactment
of the FAA Reauthorization Act of 2024 (FAARA 2024) approaches,
this hearing will provide an update from the Federal Aviation
Administration (FAA or the ``Agency'') and the Government
Accountability Office (GAO) on the status of various provisions
of the law. Members will have the opportunity to question the
FAA on the implementation of FAARA 2024, highlight their
priorities in the law, and hear the FAA and GAO's plans for
implementing any remaining provisions.
II. BACKGROUND
On May 16, 2024, President Biden signed into law H.R. 3935,
the FAA Reauthorization Act of 2024 (P.L. 118-63).\1\ FAARA
2024 reauthorizes civil aviation programs within the FAA
through fiscal year 2028. Enactment of FAARA 2024 followed a
series of four short-term extensions of authorizations after
the previous reauthorization law, the FAA Reauthorization Act
of 2018 (FAARA 2018; P.L. 115-254), expired on October 1,
2023.\2\ Support for final passage of H.R. 3935 was
overwhelmingly bipartisan. The Senate passed an amendment to
H.R. 3935 by a vote of 88 yeas to 4 nays and the House agreed
to the amendment by a vote of 387 yeas to 26 nays.\3\
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\1\ Press Release, The White House, Bill Signed: H.R. 3935, (May
16, 2024), available at https://www.whitehouse.gov/briefing-room/
statements-releases/2024/05/16/press-release-bill-signed-h-r-3935/.
\2\ Div. B, Title II of the Continuing Appropriations Act, 2024 and
Other Extensions Act, Pub. L. No. 118-15, 137 Stat. 71; Airport and
Airway Extension Act of 2023, Part II, Pub. L. No. 118-34; Airport and
Airway Extension Act of 2024, Pub. L. No. 118-41; Airport and Airway
Extension Act of 2024, Part II, Pub. L. No. 118-60.
\3\ CONCUR IN THE S. AMDT TO H.R. 3935, CLERK, UNITED STATES HOUSE
OF REPRESENTATIVES, Roll Call 200, 118th Cong., 2nd Session, (May 15,
2024), available at https://clerk.house.gov/Votes/2024200.; H.R. 3935,
As Amended, CLERK, UNITED STATES SENATE, Roll Call 162, 118th Cong.,
2nd Session, (May 9, 2024), available at https://www.senate.gov/
legislative/LIS/roll_call_votes/vote1182/vote_118_2_00162.htm.
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III. KEY PILLARS OF THE FAA REAUTHORIZATION ACT OF 2024
In developing FAARA 2024, the Committee on Transportation
and Infrastructure received over 2,100 unique requests from
Members of Congress and aviation industry stakeholders and held
five hearings focused on reauthorizing civil aviation programs
in the first four months of the 118th Congress. FAARA 2024
contains approximately 500 requirements for the FAA, including
mandates to take various actions, procure certain equipment,
issue regulations, prepare reports to Congress, and conduct
studies, among other responsibilities. As we approach the one-
year anniversary of FAARA 2024 being signed into law, the FAA
continues to implement the provisions of FAARA 2024. This memo
reflects the status of some of FAARA 2024's mandates and
reflects key programs included in the relevant titles within
the law.
UPHOLDING AVIATION SAFETY
The United States experienced one of the safest periods in
commercial aviation on record from 2012 through 2024, during
which three fatalities occurred on scheduled domestic air
carriers, compared to 140 passenger fatalities in the previous
decade.\4\ Tragically, our aviation ecosystem has experienced
several accidents this year that underscore the importance of
continued progress on aviation safety. On January 29, 2025,
American Eagle flight 5342 collided with an Army UH-60 Black
Hawk helicopter while on final approach to Ronald Reagan
Washington National Airport (DCA). This collision resulted in
the tragic loss of 67 lives after both aircraft crashed into
the Potomac River.\5\
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\4\ NTSB, U.S. Civil Aviation Statistics (2021), available at
https://www.ntsb.gov/safety/Pages/research.aspx, (last visited Dec. 4,
2024)
\5\ NTSB, Aviation Investigation Preliminary Report (2025),
available at https://www.ntsb.gov/investigations/Documents/
DCA25MA108%20Prelim.pdf
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Furthermore, the United States has also seen several near-
misses at airports in the last few years.\6\ For example, two
aircraft almost collided on February 4, 2023 at Austin-
Bergstrom International Airport, when a FedEx aircraft was
cleared to land on the same runway as a Southwest aircraft,
carrying 128 passengers and crew members, which was cleared to
take off.\7\ A National Transportation Safety Board (NTSB)
report noted the aircraft came within 150 to 170 feet of each
other during this incident and attributed the near-miss to
dense fog and a lack of surface detection equipment that could
have alerted the air traffic controllers to a potential
collision.\8\ Unfortunately, this is just one of many examples.
More recently, there was a loss of separation when an Army
Black Hawk and a Delta Airlines flight, on approach to DCA,
came within less than one mile and 400 feet of one another.\9\
This concerning trend in safety incidents further emphasizes
the need for continued improvements in aviation safety. FAARA
2024 includes nearly 80 provisions aimed at enhancing and
improving America's aviation safety.\10\
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\6\ Sydney Ember and Emily Steel, Airline Close Calls Happen Far
More Often Than Previously Known, The New York Times, (Aug. 21, 2023),
available at https://www.nytimes.com/interactive/2023/08/21/business/
airline-safety-close-calls.html.
\7\ NTSB, Runway Incursion and Overflight, Southwest Airlines
Flight 708, Boeing 737-700, N7827A, and Federal Express Flight 1432,
Boeing 767-300, N297FE (2023), available at https://www.ntsb.gov/
investigations/Pages/DCA23FA149.aspx.
\8\ Press Release, NTSB, Air Traffic Control Issues, Lack of Safety
Technology Led to Near Collision on Foggy Texas Runway (June 6, 2024),
available at https://www.ntsb.gov/news/press-releases/Pages/
NR20240606.aspx.
\9\ Phil Helsel, Courtney Kube and Moseh Gains, 2 planes were
ordered to `go around' because of Army copter near Reagan Airport, NBC
News, May 3, 2025, available at https://www.nbcnews.com/news/us-news/2-
planes-ordered-go-army-copter-reagan-airport-rcna204588.
\10\ FAA Reauthorization Act of 2024, Pub. Law. No. 118-63.
[hereinafter FAARA 2024].
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ZERO TOLERANCE FOR NEAR-MISSES AND INCURSIONS
Section 347 of FAARA 2024 requires the FAA to establish the
Runway Safety Council to develop strategies to address airport
surface safety risks, among other tasks, to improve surface
safety.\11\ Additionally, the FAA is tasked with identifying
and deploying technologies, equipment, and systems, such as
surface surveillance and detection systems, that improve
onboard situational awareness for flight crewmembers and
enhance the safety of ground operations at all medium hub,
large hub, and other airports that lack surface surveillance
capabilities.\12\ This section requires airport surface
surveillance systems to be deployed and operational at all
medium and large hub airports within five years.\13\
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\11\ FAARA 2024, supra note 10 at Sec. 347, 138 Stat. 1104.
\12\ Id.
\13\ Id.
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While the requirements under this section are segmented
over the course of five years, to date, the Agency has
established a Runway Safety Council and consulted with relevant
stakeholders to identify viable technologies that may provide
enhanced surface surveillance capabilities as well as improve
onboard situational awareness for crewmembers.\14\ In June
2024, the FAA deployed the Surface Awareness Initiative (SAI),
which provides timely and accurate depictions of both aircraft
and vehicles that are transmitting Automatic Dependent
Surveillance-Broadcast (ADS-B) on the surface movement areas of
an airport in all weather conditions.\15\ In March 2024, the
FAA launched the Approach Runway Verification (ARV) system to
provide controllers with visual and audible alerts if an
approaching aircraft is lined up to land on the wrong airport
surface. As of January 2025, ARV is operational at 77
airports.\16\ More recently in March 2025, the FAA deployed
Runway Incursion Devices (RID), a memory aid controllers use to
provide additional situational awareness of occupied and closed
runways, at 74 airports.\17\
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\14\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization Hill Update (Apr. 10, 2025, 12:00pm EST) (Slides on
file with Comm.) [hereinafter Hill Update].
\15\ FAA, Surface Safety Portfolio (March 19, 2025), available at:
https://www.faa.gov/surface-safety-portfolio.
\16\ Id.
\17\ Id.
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Additionally, as part of Congress' budget reconciliation
effort, the Committee on Transportation and Infrastructure
approved the appropriation of $500 million for the FAA to carry
out runway safety and airport surface surveillance projects
identified in section 347.\18\
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\18\ H. Comm. on Transp. & Infrastructure, Committee Print,
providing for reconciliation pursuant to H. Con. Res. 14, the
Concurrent Resolution on the Budget for Fiscal Year 2025 (as reported
on Apr. 30, 2025) [hereinafter Committee Print].
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AVIATION SAFETY INFORMATION ANALYSIS AND SHARING PROGRAM
To encourage the voluntary sharing of safety information,
the FAA introduced the Aviation Safety Information Analysis and
Sharing (ASIAS) system. ASIAS is a comprehensive database of
safety data and analysis from government and industry sources.
Section 348 requires the FAA to implement improvements to the
ASIAS program with respect to safety data sharing and risk
mitigation.\19\ Specifically, the new law requires the FAA to:
develop predictive capabilities to anticipate emerging safety
risks, establish a robust process for prioritizing request for
safety information, identify industry segments not yet included
in the program to increase the rate of participation, establish
processes for obtaining and analyzing aggregate data, and
integrate safety data obtained from unmanned aircraft systems
(UAS) operators.\20\
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\19\ FAARA 2024, supra note 10 at Sec. 348, 138 Stat. 1107.
\20\ Id.
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The Agency conducted an initial briefing on its efforts
with Committee staff, in line with the statutory requirements,
on November 12, 2024, where it outlined ASIAS metrics, safety
improvements, and how they are using aggregate data for safety
analysis.\21\ Additionally, the FAA asserted that it will
implement a new advanced technology tool to more rapidly
process safety data and produce relevant safety intelligence.
The FAA projects to fully implement section 348 by the 2027
statutory requirement.\22\
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\21\ Briefing from FAA to Subcomm. on Aviation Staff, FAA
Reauthorization Act of 2024, Sec. 348: Improvements to Aviation Safety
Information Analysis and Sharing Program (Dec. 19, 2024 at 2:45pm EST)
(Slides on file with Comm.).
\22\ Hill Update supra note 14.
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DON YOUNG ALASKA AVIATION SAFETY INITIATIVE
Aviation is essential in Alaska, as 82 percent of the
state's communities are inaccessible by road.\23\ However,
aviation operators in Alaska face unique challenges compared to
operators in the contiguous states--due in large part to the
state's challenging geography and topography, unpredictable
weather, and relative lack of aviation and air traffic control
infrastructure. Recognizing the aviation safety challenges in
Alaska, section 342 establishes the Don Young Alaska Aviation
Safety Initiative (DYAASI).\24\ The objective of DYAASI is to
reduce the number of fatal accidents in Alaska and the
territories by 90 percent from 2019 to 2033 and eliminate fatal
accidents for Part 135 operations by 2033. DYASSI requires the
FAA to install reliable automated weather systems at certain
airports, install and continually assess the state of weather
cameras, and implement certain NTSB recommendations.\25\ To
date, FAA has not provided an update on implementation of
DYASSI.
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\23\ Alaska Dept. of Transp. and Pub. Facilities, Statewide
Aviation, available at https://dot.alaska.gov/stwdav/.
\24\ 49 U.S.C. Sec. 44745.
\25\ Id.
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GROWING THE AVIATION WORKFORCE
FAARA 2024 incorporated several provisions to address the
hiring and training bottlenecks most commonly affecting pilots,
aircraft mechanics, air traffic controllers, aviation safety
inspectors, and other key aviation roles. These aviation
professions are closely regulated, require significant training
and experience to achieve FAA certification, and are essential
to the safe operation of the National Airspace System (NAS).
The provisions included in FAARA 2024 related to improving FAA
services and regulatory processes are likely to be highlighted
during the hearing as the aviation industry's growth is highly
dependent on adequate staffing, robust investment in FAA
resources, and timely decision-making. Provisions of interest
to aviation stakeholders range from directing the FAA to
promulgate rulemakings in a timely manner, leveraging various
Federal training initiatives, and issuing airmen and operator
certificates, among other responsibilities and authorities
carried out by the Agency.
AIR TRAFFIC CONTROLLER STAFFING
For several years, the FAA and the aviation industry
reported a need for a right-sized and qualified FAA workforce
commensurate with the Agency's responsibilities. The pandemic
exacerbated the challenges felt by the Agency's Air Traffic
Organization (ATO), which faces significant challenges in
hiring and training controllers at a rate necessary to meet
increased travel demand.\26\ In the latest Aerospace forecast
for the 2024-2044 period, the FAA notes that ``with robust air
travel demand growth in 2024 and steady growth thereafter, [the
FAA] expect[s] increased activity growth that has the potential
to increase controller workload.'' \27\
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\26\ Turbulence Ahead: Consequences of Delaying a Long-Term FAA
Bill: Hearing Before the Subcomm. on Aviation of the H. Comm. on
Transp. and Infrastructure, 118th Cong., (Nov. 30, 2023) (statement of
Rich Santa, President, National Air Traffic Controllers Association).
\27\ Fed. Aviation Admin., Forecast Highlights (2024-2044) at 4,
available at https://www.faa.gov/dataresearch/aviation/
aerospaceforecasts/2024-forecast-highlights.pdf.
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To address the controller workforce bottleneck in the
aviation system, section 437 directs the FAA to set the minimum
hiring target for new air traffic controllers, for each of
fiscal years 2024 through 2028, to the maximum number of
individuals trained at the FAA Air Traffic Control Academy.\28\
Additionally, this section directs the Transportation Research
Board (TRB) to identify the most appropriate staffing model for
future air traffic controller workforce needs requires the FAA
to revise its staffing standards to adopt this staffing model,
and allows the FAA to implement any other necessary TRB
recommendations. As the TRB study is conducted, the section
requires the FAA to adopt the staffing methodologies developed
by the Collaborative Resource Workgroup (CRWG), a joint FAA and
National Air Traffic Controllers Association (NATCA) entity. To
date, the FAA has entered into an agreement with the TRB to
conduct the study and expects the TRB to submit the required
report to the FAA and Congress in the summer of 2025.\29\ The
FAA is continuing to work to meet the mandates set forth in
FAARA 2024.\30\
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\28\ FAARA 2024, supra note 10 at Sec. 437, 138 Stat. 1176.
\29\ Hill Update supra note 14
\30\ Id.
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Relatedly, Secretary of Transportation, Sean Duffy, has
announced several reforms aimed at ``supercharging'' the hiring
of air traffic controllers. Among the Department's efforts, the
FAA will increase the starting salaries for candidates who
attend the FAA's ATC Academy by 30 percent. Additionally, the
Administration modified the hiring process for controllers,
expediting the hiring timeline by approximately four
months.\31\
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\31\ Press Release, Dep't of Transp., U.S. Transportation Secretary
Sean P. Duffy Announces Air Traffic Control Hiring Supercharge at FAA
Academy (Feb. 27, 2025), available at https://www.transportation.gov/
briefing-room/us-transportation-secretary-sean-p-duffy-announces-air-
traffic-controller-hiring.
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Furthermore, on May 1, 2025, Secretary Duffy announced the
FAA will begin offering incentive packages to (1) keep
experienced controllers from retiring, (2) provide new
opportunities for veteran military controllers looking to
transition into the civil side of air traffic control, and (3)
expand the number of instructors at the FAA's Air Traffic
Control Academy in Oklahoma.\32\ These reforms have garnered
bipartisan support and work to fulfill the Congressional intent
of section 437 of FAARA 2024.\33\ The FAA projects to hire at
least 2,000 controllers this year and has referred more than
8,320 candidates to take the Air Traffic Skills Assessment
(ATSA).\34\
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\32\ Id.
\33\ FAARA 2024, supra note 10 at Sec. 411, 138 Stat. 1176.
\34\ Press Release, FAA, U.S. Transportation Secretary Sean P.
Duffy Unveils New Package to Boost Air Traffic Controller Workforce
(May 1, 2025), available at https://www.faa.gov/newsroom/us-
transportation-secretary-sean-p-duffy-unveils-new-package-boost-air-
traffic-controller.
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AIRMAN MEDICAL CERTIFICATE MODERNIZATION
Pilots must obtain and maintain an FAA medical certificate
to operate aircraft, and for commercial pilots, it is a
requirement for employment.\35\ Section 411 establishes a
working group to review the FAA's medical processes, policies,
procedures, and make recommendations to the Administrator to
ensure the timely and efficient certification of airmen. Among
its tasks, this working group will assess the FAA's special
issuance process, determine the appropriateness of the list of
medical conditions under which an Air Medical Examiner (AME)
can issue a medical certificate, and review mental health
protocols and approved medications, including any actions taken
resulting from recommendations by the Mental Health and
Aviation Medical Clearances Aviation Rulemaking Committee.\36\
It is expected that the FAA will respond to the working group's
findings by taking necessary action to streamline the medical
certification process and breakdown barriers for
applicants.\37\ The FAA established the working group, as
required by section 411, in November 2024. Within the working
group, the FAA also established an Aviation Workforce Mental
Health Task Group who held their last meeting on April 18,
2025, and are currently working on developing more detailed
project plans.\38\ The FAA expects to meet the deadlines for
all requirements of this section.
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\35\ FAA, Mental Health & Aviation Medical Clearances ARC
Recommendation Report (Apr. 1, 2024), available at https://www.faa.gov/
sites/faa.gov/files/Mental_Health_ARC_Final_
Report_RELEASED.pdf.
\36\ FAARA 2024, supra note 10 at Sec. 437, 138 Stat. 1156.
\37\ Hill Update supra note 14.
\38\ Id.
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FEDERAL AVIATION WORKFORCE DEVELOPMENT PROGRAMS
FAARA 2018 established the Aviation Workforce Development
(AWD) Grants program to fund outreach and educational efforts
focused on growing the United States aircraft pilot and
aviation maintenance workforce. This program enjoys broad
support from aviation stakeholders, as it encourages
collaboration between government, industry, and local entities
to address skills gaps, while encouraging more Americans to
pursue good-paying careers in aviation.\39\ Section 440 of
FAARA 2024 builds on the successes of the AWD Grants program by
establishing a new eligibility for aviation manufacturing to
ensure the manufacturing sector has a robust talent pool to
recruit from in the coming decades.\40\ FAARA 2024 authorizes
funding levels for the aviation maintenance, aircraft pilot,
and aviation manufacturing development programs at $20 million
respectively for each of fiscal years 2025 through 2028.\41\
This section also invests $12 million annually in the new Willa
Brown Aviation Education Program to expand outreach and
aviation education opportunities in low-income and
underrepresented communities.\42\ In January 2025, the FAA
released the Notice of Funding Opportunity (NOFO) for the
aviation maintenance and aircraft pilot grant programs; \43\
however, the aviation manufacturing grant program has not yet
been established.\44\
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\39\ Pub. L. No. 115-254 Sec. 625, 132 Stat. 3405.
\40\ FAARA 2024, supra note 10 at Sec. 440, 138 Stat. 1179.
\41\ Id.
\42\ Id.
\43\ FAA, Aviation Workforce Development Grants, (March 3, 2025),
available at: https://www.faa.gov/about/office_org/
headquarters_offices/ang/grants/awd.
\44\ Update from FAA to Subcomm. on Aviation Staff, FAA Quarterly
Briefing on 2024 FAA Reauthorization Implementation (December 1, 2024
11:22am EST) (Email on file with Comm.)
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Improving Safety-Critical Staffing at FAA
The FAA's Flight Standards Service (FSS) and Aircraft
Certification Service (AIR) aviation safety inspectors are
responsible for the certification, education, oversight, and
enforcement of the NAS.\45\ Given increased compliance
requirements on manufacturers and operators, ongoing supply
chain quality issues, enhanced scrutiny of safety culture
across the aviation ecosystem, and the emergence of more
advanced aerospace technologies in United States airspace, it
is critical that this safety workforce be fully staffed to meet
current and future industry demand. Sections 429, 430, and 431
of FAARA 2024 collectively require a wholistic review of FAA's
safety critical workforce, including staffing for safety
inspectors, to ensure the agency can efficiently and
effectively fulfill its aviation safety mission.\46\
Furthermore, section 428 directs the FAA to utilize its
existing direct hire authorities to hire more individuals for
positions related to aircraft certification and aviation
safety, including in positions that support the safe
integration of new airspace entrants.\47\ To date, FAA has not
provided an update on implementation on these provisions.
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\45\ Strengthening the Aviation Workforce: Hearing Before the S.
Comm. on Commerce, Space and Transportation, 118th Cong. (Mar. 16,
2023) (statement of David Spero, National President, Professional
Aviation Safety Specialists).
\46\ FAARA 2024, supra note 10 at Sec. 429, Sec. 430, Sec. 431,
138 Stat. 1171, 1172, 1173.
\47\ FAARA 2024, supra note 10 at Sec. 428, 138 Stat. 1170.
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AIRSPACE MODERNIZATION
The FAA's Air Traffic Organization (ATO) is responsible for
operating the ATC system, which includes maintaining the
technical and physical infrastructure necessary to operate the
NAS, and employing and training highly skilled workers to
ensure the proper and safe functioning of the NAS.\48\
Approximately 14,000 air traffic controllers, 4,100 air traffic
supervisors and air traffic managers, 2,200 engineers, and
5,800 maintenance technicians make up ATO's workforce.\49\
FAARA 2024 contains several provisions to improve the ATC
system, including modernizing aging ATC systems and
technologies, and expediting the deployment of airspace
modernization technologies and procedures.
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\48\ FAA, Budget Estimates Fiscal Year 2025 88 (2024), available at
https://www.transportation.gov/sites/dot.gov/files/2024-03/
FAA_FY_2025_Budget_Request_508-v5.pdf
\49\ FAA, Air Traffic by the Numbers (Sept. 9, 2024), available at
https://www.faa.gov/air_traffic/by_the_numbers.
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NEXTGEN PROGRAMS
To meet an anticipated growth in air traffic, in 2007 the
FAA launched a series of initiatives to revamp the Nation's ATC
system known as ``NextGen.'' \50\ Specifically, NextGen
initiatives aim to reduce the required separation between
aircraft, resulting in more efficient routes and decreased
congestion. These initiatives should provide a better
experience for the traveling public.\51\ However, NextGen
programs have been vulnerable to delays and cost-overruns.\52\
According to a September 2024 GAO report, NextGen activities'
initial completion dates of 2025 have been delayed to 2030.\53\
Although anticipated costs for NextGen programs have fallen
back in line with original estimates, challenges remain for
FAA's continued implementation, including uncertainty of future
funding, unanticipated system requirements, and aircraft
owners' equipage to fully utilize NextGen improvements, FAA's
leadership stability, and cybersecurity issues.\54\
---------------------------------------------------------------------------
\50\ FAA, Next Generation Air Transportation System (NextGen) (last
updated Jan. 14, 2025), available at https://www.faa.gov/nextgen.
\51\ Id.
\52\ U.S. Gov't Accountability Off., GAO-17-241R, Next Generation
Air Transportation System: Information on Expenditures, Schedule and
Cost Estimates, Fiscal Years 2004-2030 (2016).
\53\ U.S. Gov't Accountability Off., GAO-24-107001, Air Traffic
Control: FAA Actions Are Urgently Needed To Modernize Aging Systems
(Sept. 2024).
\54\ U.S. Gov't Accountability Off., GAO-17-450, Air Traffic
Control Modernization: Progress and Challenges in Implementing Nextgen
(2017).
---------------------------------------------------------------------------
In recognition of the ongoing challenges and delays of the
NextGen program, section 206 instructs the FAA to
operationalize the programs under NextGen by the end of 2025
and then sunset the Office of NextGen.\55\ If the FAA does not
operationalize such key NextGen programs by the deadline
stated, section 206 transfers the duties, activities, and
personnel of the office to the new Airspace Modernization
Office created in section 207 of FAARA 2024, the ATO, the
Office of Aviation Safety, and other appropriate offices of the
Administration.\56\ The FAA expects to meet the statutory
deadline under this section.\57\
---------------------------------------------------------------------------
\55\ FAARA 2024, supra note 10 at Sec. 206, 138 Stat. 1044.
\56\ Id.
\57\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization Hill Update (Oct. 8, 2024) (Slides on file with Comm)
---------------------------------------------------------------------------
Furthermore, section 619 of FAARA 2024 requires the FAA to
expedite the implementation of the following programs and
capabilities previously under the NextGen brand: Performance
Based Navigation (PBN), Data Communications, Terminal Flight
Data Manager (TFDM) and Aeronautical Information
Management.\58\ This requirement includes deadlines for each
program and the FAA must notify Congress regarding any failure
to meet them.\59\ Furthermore, the FAA is directed to task the
NextGen Advisory Committee with providing recommendations on
ways to expedite, prioritize, and fully implement NextGen
programs to realize the operational benefits.\60\ To date, FAA
has not provided an update on implementation of these
provisions.
---------------------------------------------------------------------------
\58\ FAARA 2024, supra note 10 at Sec. 619, 138 Stat. 1231.
\59\ Id.
\60\ Id.
---------------------------------------------------------------------------
AGING ATC INFRASTRUCTURE
Much of the FAA's air traffic infrastructure is several
decades old, which decreases efficiency and jeopardizes the
reliability of critical navigation and surveillance services
provided to aircraft operating in the NAS. The challenges with
the FAA's efforts to swiftly modernize ATC programs remain a
serious concern for the Committee and pose a critical risk to
the safety of the NAS if left unaddressed. FAARA 2024 set the
foundation to expedite the modernization of the FAA's legacy
ATC system by requiring the agency to develop a plan to
accelerate the replacement of any legacy system identified as
outdated, insufficient, unsafe, or unstable.\61\ It also
directs the FAA to develop a list of unfunded facility and
equipment needs that were not included in the President's
budget.\62\
---------------------------------------------------------------------------
\61\ FAARA 2024, supra note 10 at Sec. 622, 138 Stat. 1237.
\62\ Id. at Sec. 213.
---------------------------------------------------------------------------
AIRPORT INFRASTRUCTURE
Each year, hundreds of millions of passengers pass through
our Nation's airports. Regardless of size, airports connect our
communities and drive economic development across major cities
and rural towns alike. In total, the FAA estimates there are
approximately 14,400 private and 5,000 public-use airports,
heliports, and seaplane bases in the United States.\63\ FAARA
2024 contained a robust airport title that prioritized funding
for airport infrastructure, including increasing investments
for small and general aviation airports, streamlined processes
to expedite project deliveries, and provided new funding and
programs to strengthen airport safety.\64\
---------------------------------------------------------------------------
\63\ FAA, Airport Categories (last updated Dec. 7, 2022), available
at https://www.faa.gov/airports/planning_capacity/categories.
\64\ FAARA 2024, supra note 10, 138 Stat. 1245.
---------------------------------------------------------------------------
AIRPORT IMPROVEMENT PROGRAM (AIP) MODIFICATIONS AND FUNDING
FAARA 2024 made a significant number of revisions to the
AIP's apportionment formulas, discretionary categories, and
project eligibilities. For example, the law increased the AIP
minimum primary apportionment from $1 million to $1.3 million
and increased the non-primary airport apportionment from 20
percent of total funding to 25 percent. Additionally, the law
reduced the amount of AIP funding that medium and large hub
airports were required to turn back in exchange for imposing a
passenger facility charge from 75 percent to 60 percent.\65\ To
account for the legislative changes to the AIP, the FAA has
traditionally issued program guidance letters that provide
airports with direction on how the bill will be implemented.
Section 733 of FAARA 2024 requires the FAA to issue program
guidance letters accounting for all changes made to the AIP
within one year of the date of enactment of the Act.\66\ While
the FAA has issued three letters so far, they do not
comprehensively explain the implementation of all AIP-related
provisions in FAARA 2024.\67\
---------------------------------------------------------------------------
\65\ Id.
\66\ FAARA 2024, supra note 10 at Sec. 733, 138 Stat. 1273.
\67\ Email from Federal Aviation Administration, to Subcomm. on
Aviation Staff (Apr. 7, 2025, 1:50 EST) (on file with Comm.); Email
from Federal Aviation Administration, to Subcomm. on Aviation Staff
(Apr. 29, 2025, 8:41 EST) (on file with Comm.).
---------------------------------------------------------------------------
ENVIRONMENTAL PROGRAMS AND STREAMLINING
FAARA 2024 contained provisions intended to streamline
environmental review of airport projects, expand low-emission
airport technologies and mitigate the effects of aircraft noise
on communities near airports. Section 782 streamlined and
expanded the Voluntary Airport Low Emission (VALE) program to
airports in non-attainment areas.\68\ Section 783 significantly
revised existing streamlining environmental procedures for
certain important categories of airport projects, while section
788 established a new categorical exclusion for airport
projects receiving less than $6 million in Federal funding.\69\
While the FAA has promulgated field guidance for these
provisions, it has not indicated a timeline for revision FAA
Order 1050.1F, which governs the FAA's procedures for
implementing the National Environmental Policy Act.\70\
---------------------------------------------------------------------------
\68\ FAARA 2024, supra note 10 at Sec. 782, 138 Stat. 1302
\69\ FAARA 2024, supra note 10 at Sec. 783, 138 Stat. 1302; FAARA
2024, supra note 9 at Sec. 788, 138 Stat. 1314.
\70\ Briefing from FAA to Subcomm. on Aviation Staff, Discussion on
Airport Provisions (Apr. 24, 2025, 3:00pm EST) (Slides on file with
Comm.).
---------------------------------------------------------------------------
Sections 786 and 792 of FAARA 2024 directed the
Administrator to update the FAA's noise standards and establish
an Aircraft Noise Advisory Committee to advise the FAA on the
effects of aircraft noise exposure and FAA noise policies,
respectively.\71\ The FAA has not completed the process of
updating its noise standards. A charter for the advisory
committee was issued on January 14, 2025.\72\ To date, no
members of the advisory committee have been appointed, and no
initial meeting has been scheduled.
---------------------------------------------------------------------------
\71\ FAARA 2024, supra note 10 at Sec. 786 and 792, 138 Stat.
1316.
\72\ FAA, Charter of the Aircraft Noise Advisory Committee (2025),
available at https://www.faa.gov/regulationspolicies/rulemaking/
committees/aircraft-noise-advisory-committee/charter.pdf.
---------------------------------------------------------------------------
REVITALIZING GENERAL AVIATION
General aviation (GA) is commonly referred to as the
backbone of the aviation system as it underpins the aviation
industry and is an important part of our National economy.
According to a 2025 study, GA supported more than 1.3 million
jobs and generated $339 billion in total output, a sizeable
increase from the previous iteration of the study conducted in
2018. As new entrants, such as powered-lift aircraft, begin to
integrate in the NAS, GA's global economic output is projected
to continue to grow.\73\ Given GA's importance to the aviation
ecosystem, FAARA 2024 included the first-ever GA title focused
on revitalizing the GA community and improving the services FAA
provides to general aviators.
---------------------------------------------------------------------------
\73\ Press Release, National Business Aviation Association, General
Aviation Provides Robust Contribution to US Economy (Feb. 19, 2025),
available at https://nbaa.org/2025-press-releases/general-aviation-
provides-robust-contribution-to-u-s-economy/.
---------------------------------------------------------------------------
EXPANDING BASICMED
In 2016, Congress established BasicMed, a medical
qualification that allows private pilots to be approved by a
state-licensed physician to exercise flying privileges in lieu
of receiving a third-class medical certificate.\74\ Section 828
expands the application of BasicMed by amending the rules that
govern pilots operating under a BasicMed credential.
Specifically, it expands the pool of eligible aircraft by
increasing the number of allowable passengers from five to six,
increasing the number of occupants from six to seven, and
increasing the maximum takeoff weight from 6,000 pounds to
12,500 pounds, while excluding certain transport category
rotorcraft.\75\ Additionally, section 815 allows Designated
Pilot Examiners (DPEs) administering proficiency checks or
tests to airman to be able to do so under BasicMed so long as
the aircraft the flight test is being conducted in is eligible
for purposes of a BasicMed operation.\76\ The FAA issued a
final rule updating parts 61 and 68, of Title 14, Code of
Federal Regulations, on November 15, 2024, updating BasicMed
regulations to reflect the changes made by sections 828 and
815.\77\ Additionally, the Agency remains on track to brief
Congress on changes to small aircraft activity and safety
incidents by the 2028 due date.\78\
---------------------------------------------------------------------------
\74\ FAA Extension, Safety, and Security Act of 2016, Pub. L. No.
114-190, 130 Stat. 641.
\75\ FAARA 2024, supra note 10 at Sec. 828, 138 Stat. 1336.
\76\ FAARA 2024, supra note 10 at Sec. 815, 138 Stat. 1328.
\77\ Regulatory Updates to Basic Med; Correction, 89 Fed. Reg.
105446 (Dec. 27, 2024) (to be codified at 14 C.F.R. pt. 61).
\78\ Hill Update supra note 14.
---------------------------------------------------------------------------
FLIGHT EXAMINATIONS
Several GA operators and flight schools assert there is a
Nationwide shortage of DPEs necessary to meet the needs of
student pilots and pilots seeking additional certifications and
ratings.\79\ Section 833 requires the FAA to establish an
office to provide oversight and facilitate national
coordination of DPEs. It is expected that the FAA is in the
process of setting up an office to focus on DPE oversight as
well as working towards fulfilling the reporting requirement
found in FAARA 2024.
---------------------------------------------------------------------------
\79\ Janice Wood, How much did you pay for your check ride?,
General Aviation News, (Oct. 19, 2022), available at https://
generalaviationnews.com/2022/10/31/how-much-did-you-pay-for-your-check-
ride/.
---------------------------------------------------------------------------
PART 135 AIR CARRIER CERTIFICATE BACKLOG
Following the Coronavirus pandemic, the FAA faced a
significant backlog of several services, including
certification of new applicants.\80\ The backlog resulted in
the potential for applicants having to wait two or even three
years for FAA to initiate a certification process.\81\ Section
818 requires the FAA to reduce the backlog of air carrier
certificate applications under Part 135 of Title 14, Code of
Federal Regulations.\82\ Specifically, the FAA must set a goal
to maintain an average certificate processing time of less than
60 days within one year of enactment and a goal to maintain an
average of less than 30 days processing time within two years
of enactment.\83\ As of April 15, 2025, the average acceptance
and rejection timeframe for all part 135 applications is 31
days.\84\
---------------------------------------------------------------------------
\80\ Kerry Lynch, FAA Cutting Lengthy Backlogs for Registration,
Certification, Aviation Int'l News, (June 22, 2023), available at
https://www.ainonline.com/aviation-news/business-aviation/2023-06-22/
faa-cutting-lengthy-backlogs-registration-certification.
\81\ Id.
\82\ FAARA 2024, supra note 10 at Sec. 818, 138 Stat. 1328.
\83\ Id.
\84\ Briefing from FAA to Subcomm. on Aviation Staff, FAA
Reauthorization Act of 2024 (P.L. 118-63); Section 818(c) Part 135 Air
Carrier Certificate Backlog (May 2, 2025, 12:00pm EST) (Slides on file
with Comm.).
---------------------------------------------------------------------------
HARNESSING ADVANCED AVIATION
The FAA has the responsibility to certify, oversee, and
regulate the safety and operations of the civil aviation
sector, including integrating new entrants like Unmanned
Aircraft Systems (UAS) and Advanced Air Mobility (AAM) aircraft
into the NAS.\85\ Title IX of FAARA 2024 incorporates
provisions to foster the safe, efficient, and timely
integration of new entrant technologies into the NAS. Like many
other innovations of flight, UAS, also known as drones, and
electric vertical takeoff and landing (eVTOL) powered-lift
aircraft, commonly referred to as AAM vehicles or air taxis,
have the potential to change the way we travel and transport
goods. Provisions in FAARA 2024 ensure that the FAA is properly
positioned to support the safe integration of these new entrant
technologies into the NAS while supporting American innovation.
---------------------------------------------------------------------------
\85\ 49 U.S.C. Sec. 106(f)(3).
---------------------------------------------------------------------------
BEYOND VISUAL LINE OF SIGHT DRONE OPERATIONS
UAS operating beyond a remote pilot's visual line of sight
(commonly referred to as BVLOS) presents unique challenges to
the FAA's existing regulatory framework.\86\ While the FAA has
made some progress in approving BVLOS operations over the past
several years, the Agency has faced challenges in promulgating
regulations to allow greater BVLOS operations. Section 930 of
FAARA 2024 directs the FAA to issue a notice of proposed
rulemaking (NPRM) establishing a performance-based regulatory
pathway for UAS to operate BVLOS by September 16, 2024,
however, the Agency has yet to comply with the law. This
critical rule, issued in a timely manner, will provide
regulatory stability and certainty for the UAS industry.\87\
During the Biden Administration, a proposed rule made it
through the regulatory review process and to the Office of
Management and Budget (OMB) for final approval, however, it was
not cleared before the change in Administration. In February,
the proposed BVLOS rule was resubmitted for Executive-level
review under the new Administration and the Agency expects the
proposed rule to be published this summer.\88\ FAA is planning
for the issuance of the final BVLOS rule in March 2027.\89\
---------------------------------------------------------------------------
\86\ FAA, Unmanned Aircraft Systems Beyond Visual Line of Sight
Aviation Rulemaking Comm., Final Report. 8, (Mar. 10, 2022), available
at https://www.faa.gov/regulations_policies/rulemaking/committees/
documents/media/UAS_BVLOS_ARC_FINAL_REPORT_
03102022.pdf.
\87\ FAARA 2024, supra note 10 at Sec. 930, 138 Stat. 1366.
\88\ Briefing from FAA, DHS, & DOJ to Subcomm. on Aviation Staff,
House of Representatives Spring 2025 Semi-annual 6 U.S.C. 124n C-UAS
briefing (Apr. 3, 2025, 10:00am EST) (Notes on file with Comm.).
\89\ Id.
---------------------------------------------------------------------------
ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION
As UAS regulations continue to mature, the commercial use-
case for these technologies will exponentially grow. Section
909 of FAARA 2024 directs the FAA to publish UAS specific
environmental review guidance and implementation procedures.
Additionally, the FAA is directed to engage with the Council on
Environmental Quality (CEQ) to identify actions eligible for a
new categorical exclusion to more easily allow for safe
commercial operations of UAS.\90\ The FAA briefed the Committee
on August 13, 2024, in line with the 90-day statutory
requirement, and anticipates meeting all the deadlines of this
section.\91\
---------------------------------------------------------------------------
\90\ FAARA 2024, supra note 10 at Sec. 909, 138 Stat. 1344.
\91\ Briefing from FAA to Subcomm. on Aviation Staff, FAA
Reauthorization Act of 2024 (P.L. 118-63): Section 909 Environmental
Review and Noise Certification Briefing (Aug. 13, 2024, 2:00pm EST)
(Slides on file with Comm.).
---------------------------------------------------------------------------
POWERED-LIFT OPERATIONS FOR AAM AIRCRAFT
Currently, several AAM aircraft manufacturers are in the
process of certifying the design of their aircraft with FAA and
plan to enter into service in the coming years. AAM aircraft
operators have long expected to use existing operating
procedures for traditional aircraft, however, the FAA has faced
challenges in leveraging existing aviation rules for a new
class of aircraft. To meet entry into service target dates for
AAM manufacturers and operators, and to establish a clear
regulatory safety framework for powered-lift aircraft, the FAA,
in early 2023, declared that it would publish a final Special
Federal Aviation Regulation (SFAR) for AAM aircraft by ``the
fourth quarter of 2024.'' \92\ Section 955 of the FAARA 2024
required the FAA to publish a final Powered-Lift SFAR no later
than November 16, 2024, and the FAA accomplished the task a
month early, announcing the final SFAR on October 22, 2024.\93\
---------------------------------------------------------------------------
\92\ Revise Airplane Definition to Incorporate Powered-lift
Operations, RIN 2120-AL72, Unified Agenda, Office of Information and
Regulatory Affairs; FAA Reauthorization: Enhancing America's Gold
Standard in Aviation Safety, Hearing Before the Subcomm. on Aviation of
the H. Comm. on Transp. and Infrastructure, 118th Cong. (Feb. 7, 2023)
(statement of David Boulter, Acting Assoc. Admin. for Aviation Safety,
FAA).
\93\ Press Release, FAA, With New Rule, FAA is Ready for Air Travel
of the Future, (Oct. 22, 2024) available at https://www.faa.gov/
newsroom/new-rule-faa-ready-air-travel-future.
---------------------------------------------------------------------------
Electric Aircraft Infrastructure Pilot Program
Some AAM operators will leverage existing aviation
infrastructure, such as airports and heliports, while others
may require new facilities, such as vertiports, to accommodate
growing operations.\94\ Section 745 establishes a five-year
pilot program allowing up to 10 eligible airports to acquire,
install, and operate equipment to support the operations of AAM
vehicles and to construct or modify related infrastructure to
support such equipment.
---------------------------------------------------------------------------
\94\ FAA, Advanced Air Mobility Infrastructure, (Oct. 15, 2024),
available at https://www.faa.gov/airports/new_entrants/
aam_infrastructure.
---------------------------------------------------------------------------
IV. WITNESSES
LJodi Baker, Deputy Associate Administrator,
Aviation Safety, Federal Aviation Administration
LWayne Heibeck, Deputy Associate Administrator,
Airports, Federal Aviation Administration
LFranklin McIntosh, Deputy Chief Operating
Officer, Air Traffic Organization, Federal Aviation
Administration
LDerrick Collins, Director, Physical
Infrastructure, United States Government Accountability Office
ADDENDUM TO SSM FOR FULL COMMITTEE HEARING ON ``FAA REAUTHORIZATION ACT
OF 2024: AN UPDATE ON IMPLEMENTATION ONE YEAR
LATER''
FAA Reauthorization Act of 2024--Completed & Notable In-Progress Provisions
----------------------------------------------------------------------------------------------------------------
Section # Section Title Progress Notes
----------------------------------------------------------------------------------------------------------------
Sec. 214............................. Chief Technology Complete............... Effective as of
Officer. September 26, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 215............................. Definition of Air Complete............... Effective as of
Traffic Control System. November 13, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 219............................. Authority to Use Complete............... Effective as of July 1,
Electronic Services. 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 224............................. FAA Participation in Complete............... Effective as of March
Industry Standards 4, 2024.
Organizations.
----------------------------------------------------------------------------------------------------------------
Sec. 227............................. Administrative Services Complete............... Effective upon
Franchise Fund. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 229............................. Advanced Aviation Delayed................ FAA has failed to meet
Technology and the statutory deadline
Innovation Steering in this section.
Committee.
----------------------------------------------------------------------------------------------------------------
Sec. 301............................. Helicopter Air Complete............... Briefing held December
Ambulance Operations. 17, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 304............................. Training of In Progress............ FAA is finalizing a
organization notice that will
delegation authority require ODA holders to
unit members. have a recurrent
training program.
----------------------------------------------------------------------------------------------------------------
Sec. 305............................. Clarification on safety Complete............... Effective as of May 16,
management system 2024.
information disclosure.
----------------------------------------------------------------------------------------------------------------
Sec. 308............................. Scalability of Safety Complete............... Effective as of July
Management Systems. 11, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 309............................. Review Final Safety Complete............... Effective as of June
Management System Rule. 25, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 325............................. National Simulator In Progress............ GAO remains on track to
Program Policies and meet the deadline.
Guidance.
----------------------------------------------------------------------------------------------------------------
Sec. 310............................. Improvement of Delayed................ FAA has failed to meet
certification process. the statutory deadline
in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 314............................. Risk Model for In Progress............ FAA will brief Congress
Production Facility no later than July
Inspections. 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 315............................. Review of FAA Use of In Progress............ Contract officially
Aviation Safety Data. awarded to a third-
party vendor in
February 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 323............................. Study on impacts of In Progress............ National Academies of
temperature in Sciences, Engineering,
aircraft cabins. and Medicine is
working to comply with
this requirement.
----------------------------------------------------------------------------------------------------------------
Sec. 328............................. Restricted Category Complete............... Effective as of May 16,
Aircraft Maintenance 2024.
and Operations.
----------------------------------------------------------------------------------------------------------------
Sec. 331............................. Update of FAA Standards Complete............... Effective as of July
to Allow Distribution 15, 2024.
and Use of Certain
Restricted Routes and
Terminal Procedures.
----------------------------------------------------------------------------------------------------------------
Sec. 337............................. Flight Service Stations Complete............... Effective as of October
11, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 340............................. Study on FAA Use of In Progress............ GAO remains on track to
Mandatory Equal Access meet the deadline.
to Justice Act Waivers.
----------------------------------------------------------------------------------------------------------------
Sec. 344............................. Changed Product Rule In Progress............ Changed Product Rule
Reform. ARC launched in June
2024, and a report was
provided to the
Administrator in
December 2024 which is
currently in FAA
review.
----------------------------------------------------------------------------------------------------------------
Sec. 345............................. Administrative Complete............... Effective upon
authority for civil Enactment.
penalties.
----------------------------------------------------------------------------------------------------------------
Sec. 347............................. Zero Tolerance for Near In Progress............ FAA is working on the
Misses, Runway timeline and action
Incursions and Surface plan for system and
Safety Risks. technology
improvements.
----------------------------------------------------------------------------------------------------------------
Sec. 348............................. Improvements to In Progress............ ASIAS program will soon
Aviation Safety begin implementation
Information Analysis of a new advanced
and Sharing Program. technology tool to
more rapidly process
safety data and
produce safety
intelligence.
----------------------------------------------------------------------------------------------------------------
Sec. 350............................. Secondary Cockpit In Progress............ FAA is on track to
Barriers. submit the report in
July 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 355............................. Tower Marking Notice of Complete............... FAA issued notice to
Proposed Rulemaking. implement section 2110
of the FAA Extension,
Safety and Security
Act of 2016; Effective
as of November 18,
2024.
----------------------------------------------------------------------------------------------------------------
Sec. 356............................. Promotion of Civil Complete............... Effective as of July
Aeronautics and Safety 10, 2024.
of Air Commerce.
----------------------------------------------------------------------------------------------------------------
Sec. 357............................. Educational and Complete............... Effective as of
Professional September 27, 2024.
Development.
----------------------------------------------------------------------------------------------------------------
Sec. 359............................. Availability of Complete............... Effective as of
Personnel for February 5, 2025.
Inspections, Site
Visits, and Training.
----------------------------------------------------------------------------------------------------------------
Sec. 366............................. 25-Hour Cockpit Voice In Progress............ Draft rule is currently
Recorder. in the regulatory
review process.
----------------------------------------------------------------------------------------------------------------
Sec. 372............................. Enhanced Qualification Delayed................ FAA has failed to meet
Program for Restricted the statutory deadline
Airline Transport in this section.
Pilot Certificate.
----------------------------------------------------------------------------------------------------------------
Sec. 391............................. Findings............... Complete............... Effective upon
Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 392............................. Aerospace Product Complete............... Effective as of August
Safety. 28, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 393............................. Federal Aviation Complete............... Effective as of
Administration February 13, 2024.
regulations, policy
and guidance.
----------------------------------------------------------------------------------------------------------------
Sec. 396............................. GAO Report on In Progress............ GAO remains on track to
Cybersecurity of meet the deadline.
Commercial Aviation
Avionics.
----------------------------------------------------------------------------------------------------------------
Sec. 401............................. Repeal of duplicative Complete............... Effective upon
or obsolete workforce Enactment.
programs.
----------------------------------------------------------------------------------------------------------------
Sec. 403............................. Bessie Coleman Women in Delayed................ FAA has failed to meet
Aviation Advisory the statutory deadline
Committee. in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 407............................. Airman's Medical Bill Complete............... Effective as of January
of Rights. 28, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 408............................. Improved Designee Complete............... Effective as of
Misconduct Reporting February 26, 2025.
Process.
----------------------------------------------------------------------------------------------------------------
Sec. 411............................. Aeromedical Innovation In Progress............ FAA formed the
and Modernization workgroup in November
Working Group. 2024, and its report
is due in November
2025.
----------------------------------------------------------------------------------------------------------------
Sec. 414............................. Study of High School In Progress............ GAO remains on track to
Aviation Maintenance meet the deadline.
Training Programs.
----------------------------------------------------------------------------------------------------------------
Sec. 416............................. Air Traffic Controller In Progress............ MITRE study is
Instructor complete, and the FAA
Recruitment, Hiring, is developing the
and Retention. implementation plan.
----------------------------------------------------------------------------------------------------------------
Sec. 421............................. Crewmember Pumping Complete............... Effective as of January
Guidance. 16, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 422............................. GAO Study and Report on In Progress............ GAO remains on track to
Extent and Effects of meet the deadline.
Commercial Aviation
Pilot Shortage on
Regional/Commuter
Carriers.
----------------------------------------------------------------------------------------------------------------
Sec. 425............................. Joint aviation Delayed................ FAA is finalizing the
employment training charter and then will
working group. move to membership
solicitation.
----------------------------------------------------------------------------------------------------------------
Sec. 428............................. Direct hire authority Delayed................ FAA has failed to meet
utilization. the statutory deadline
in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 432............................. Deterring crewmember In Progress.
interference.
----------------------------------------------------------------------------------------------------------------
Sec. 433............................. Use of Biographical Complete............... Effective as of
Assessments. September 20, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 434............................. Employee Assault Complete............... Effective as of
Prevention and September 27, 2024.
Response Plan
Standards and Best
Practices.
----------------------------------------------------------------------------------------------------------------
Sec. 437............................. Air Traffic Control Delayed................ FAA does not anticipate
Workforce Staffing. Transportation
Research Board will
submit their report to
FAA & Congress until
summer 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 438............................. Airport Service In Progress............ GAO remains on track to
Workforce Analysis. meet the deadline.
----------------------------------------------------------------------------------------------------------------
Sec. 439............................. Federal Aviation In Progress............ FAA continues to
Administration Academy develop the required
and Facility Expansion implementation plan.
Plan.
----------------------------------------------------------------------------------------------------------------
Sec. 440............................. Improving Federal In Progress............ FAA released the Notice
Aviation Workforce of Funding Opportunity
Development Programs. in January 2025 for
the pilot and
maintenance technician
grants, but has not
yet established the
manufacturing
workforce grant.
----------------------------------------------------------------------------------------------------------------
Sec. 514............................. GAO Study on In Progress............ GAO remains on track to
Competition and meet the deadline.
Consolidation in the
Air Carrier Industry.
----------------------------------------------------------------------------------------------------------------
Sec. 515............................. GAO Study and Report on In Progress............ GAO remains on track to
the Operational meet the deadline.
Preparedness of Air
Carriers for Certain
Events.
----------------------------------------------------------------------------------------------------------------
Sec. 519............................. Seat Dimensions........ Complete............... Effective upon
Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 608............................. Consideration of Small Complete............... Effective as of July
Hub Control Towers. 26, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 612............................. Briefing on Radio Complete............... Briefing on December
Communications 18, 2024.
Coverage Around
Mountainous Terrain.
----------------------------------------------------------------------------------------------------------------
Sec. 616............................. Briefing on LIT VORTAC Complete............... Briefing on December
Project. 18, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 619............................. NextGen programs....... Delayed................ FAA has failed to meet
the statutory
deadlines in this
section.
----------------------------------------------------------------------------------------------------------------
Sec. 620............................. Contract tower program. In Progress............ FAA is finalizing the
technical requirements
for approved
controller situational
awareness tools.
----------------------------------------------------------------------------------------------------------------
Sec. 622............................. Audit of legacy systems In Progress............ FAA entered into
agreement with MITRE
and plans to have the
report within 15
months of enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 628............................. Required Consultation Complete............... Effective as of
with National Parks February 3, 2025.
Overflights Advisory
Group.
----------------------------------------------------------------------------------------------------------------
Sec. 631............................. Update to FAA Order on Complete............... Effective as of
Airway Planning December 19, 2024.
Standard.
----------------------------------------------------------------------------------------------------------------
Sec. 704............................. Extension of Complete............... Effective as of May 16,
competitive access 2024.
report requirement.
----------------------------------------------------------------------------------------------------------------
Sec. 715............................. Special carryover Complete............... Effective as of March
assumption rule. 6, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 717............................. Revision of Complete............... Effective as of April
discretionary 4, 2025.
categories.
----------------------------------------------------------------------------------------------------------------
Sec. 722............................. Long-term management Complete............... Effective as of April
plans. 4, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 726............................. General aviation Complete............... Report submitted to CST
airport runway and T&I, Effective as
extension pilot of April 4, 2025.
program.
----------------------------------------------------------------------------------------------------------------
Sec. 732............................. Populous counties Complete............... Effective upon
without airports. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 736............................. Transportation Demand In Progress............ GAO remains on track to
Management at Airports. meet the deadline.
----------------------------------------------------------------------------------------------------------------
Sec. 739............................. Reclassification of Complete............... Effective as of
unclassified relievers. September 30, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 742............................. Increasing Energy In Progress............ FAA intends to meet the
Efficiency of Airports requirements of this
and Meeting Current section by May 16,
and Future Energy 2025.
Power Demands.
----------------------------------------------------------------------------------------------------------------
Sec. 743............................. Review of Airport Complete............... Effective as of October
Layout Plans. 3, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 747............................. Notice of funding Complete............... Effective as of
opportunity. September 30, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 749............................. Airport Diagram Complete............... Effective as of July
Terminology. 30, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 751............................. Minority and Complete............... Effective as of
disadvantaged business September 26, 2024.
participation.
----------------------------------------------------------------------------------------------------------------
Sec. 755............................. GAO Study on Transit In Progress............ GAO remains on track to
Access. meet the deadline.
----------------------------------------------------------------------------------------------------------------
Sec. 761............................. Study on Air Cargo In Progress............ GAO remains on track to
Operations in Puerto meet the deadline.
Rico.
----------------------------------------------------------------------------------------------------------------
Sec. 767............................. PFAS-Related Resources In Progress............ FAA stood up the
for Airports. implementation team
and is preparing to
launch the program
after receiving
appropriations.
----------------------------------------------------------------------------------------------------------------
Sec. 773............................. Homestead Joint Use.... Complete............... Effective as of
September 13, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 774B............................ Study on Improvements In Progress............ GAO remains on track to
for Certain Nonhub meet the deadline.
Airports.
----------------------------------------------------------------------------------------------------------------
Sec. 782............................. Repeal of burdensome Complete............... Effective as of April
emissions credit 4, 2025.
requirements.
----------------------------------------------------------------------------------------------------------------
Sec. 784............................. Subchapter III Complete............... Effective upon
definitions. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 785............................. Pilot program extension Complete............... Effective as of April
4, 2025.
----------------------------------------------------------------------------------------------------------------
Sec. 788............................. Categorical exclusions. Complete............... Effective as of
December 19, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 790............................. Recommendations on In Progress............ GAO remains on track to
Reducing Rotorcraft meet the deadline.
Noise in District of
Columbia.
----------------------------------------------------------------------------------------------------------------
Sec. 809............................. Ensuring Safe Landings Complete............... Effective as of
During Off-Airport September 24, 2024.
Operations.
----------------------------------------------------------------------------------------------------------------
Sec. 813............................. Temporary Airman Complete............... Effective as of
Certificates. September 24, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 814............................. Letter of Deviation Complete............... FAA issued an Advisory
Authority. Circular, Effective
October 2, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 815............................. BasicMed For Examiners Complete............... Regulatory updates to
Administering Tests or BasicMed effective as
Proficiency Checks. of November 18, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 817............................. Deadline to Eliminate Complete............... Effective as of May 9,
Aircraft Registration 2024.
Backlog.
----------------------------------------------------------------------------------------------------------------
Sec. 820............................. Flight Instructor Complete............... Removed expiration date
Certificates. on flight certificate.
Effective as of
October 1, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 822............................. Application of Complete............... Effective upon
policies, orders and Enactment.
guidance.
----------------------------------------------------------------------------------------------------------------
Sec. 825............................. Exclusion of gyroplanes Complete............... Effective upon
from fuel system Enactment.
requirements.
----------------------------------------------------------------------------------------------------------------
Sec. 826............................. Public aircraft flight Complete............... Completed October 2,
time logging 2024.
eligibility.
----------------------------------------------------------------------------------------------------------------
Sec. 828............................. Expansion of Basic Med. Complete............... FAA promulgated rules
to enact changes to
Basic Med in November
2024. FAA remains on
track to brief
Congress in 2028.
----------------------------------------------------------------------------------------------------------------
Sec. 830............................. Charitable Flight Fuel Complete............... Effective upon
Reimbursement Enactment.
Exemptions.
----------------------------------------------------------------------------------------------------------------
Sec. 902............................. Unmanned Aircraft in Complete............... Effective upon
the Arctic. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 903............................. Small UAS Safety Complete............... Effective upon
Standards Technical Enactment.
Corrections.
----------------------------------------------------------------------------------------------------------------
Sec. 904............................. Airport Safety and Complete............... Effective upon
Airspace Hazard Enactment.
Mitigation and
Enforcement.
----------------------------------------------------------------------------------------------------------------
Sec. 906............................. Electronic Conspicuity In Progress............ GAO remains on track to
Study. meet the deadline.
----------------------------------------------------------------------------------------------------------------
Sec. 912............................. Drone infrastructure Delayed................ DOT has failed to meet
inspection grant the statutory deadline
program. in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 915............................. Termination of the Complete............... Meetings cancellation
Advanced Aviation notice published in
Advisory Committee. Federal Register on
May 30, 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 916............................. Unmanned and Autonomous In Progress............ FAA is finalizing the
Flight Advisory charter and then will
Committee. move to membership
solicitation.
----------------------------------------------------------------------------------------------------------------
Sec. 922............................. Extension of Know Complete............... Effective upon
Before You Fly Enactment.
Campaign.
----------------------------------------------------------------------------------------------------------------
Sec. 923............................. Public aircraft Complete............... Effective upon
definition. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 926............................. Public Safety Use of Complete............... Effective upon
Tethered UAS. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 927............................. Extending Special In Progress............ FAA is on track to
Authority for Certain develop related
Unmanned Aircraft guidance for UAS
Systems. operators by summer
2025.
----------------------------------------------------------------------------------------------------------------
Sec. 929............................. Applications for Delayed................ FAA has failed to meet
Designation. the statutory deadline
in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 930............................. Beyond Visual Line of Delayed................ FAA has failed to meet
Sight Operations for the statutory deadline
Unmanned Aircraft in this section.
Systems.
----------------------------------------------------------------------------------------------------------------
Sec. 931............................. Acceptable Levels of Complete............... Methodology published
Risk and Risk in September 2024.
Assessment Methodology.
----------------------------------------------------------------------------------------------------------------
Sec. 935............................. Protection of Public Complete............... Effective upon
Gatherings. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 955............................. Rules for Operation of Complete............... FAA published SFAR in
Powered-Lift Aircraft. October 2024.
----------------------------------------------------------------------------------------------------------------
Sec. 961............................. Center for Advanced Complete............... FAA announced on April
Aviation Technologies 23, 2025 that Texas
(CAAT). A&M will be the
managing the CAAT.
----------------------------------------------------------------------------------------------------------------
Sec. 1004............................ National aviation Complete............... Effective upon
research plan Enactment.
modification.
----------------------------------------------------------------------------------------------------------------
Sec. 1005............................ Advanced Materials Complete............... Effective upon
Center of Excellence Enactment.
enhancements.
----------------------------------------------------------------------------------------------------------------
Sec. 1006............................ Center of Excellence Complete............... Effective upon
for Unmanned Aircraft Enactment.
Systems.
----------------------------------------------------------------------------------------------------------------
Sec. 1013............................ Contract Weather Complete............... Effective upon
Observers program. Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 1018............................ Next Generation Radio Delayed................ FAA has failed to meet
Altimeters. the statutory deadline
in this section.
----------------------------------------------------------------------------------------------------------------
Sec. 1017............................ Center of Excellence Complete............... Effective upon
for Alternative Jet Enactment.
Fuels and Environment.
----------------------------------------------------------------------------------------------------------------
Sec. 1106............................ Prohibition on mandates Complete............... Effective upon
Enactment.
----------------------------------------------------------------------------------------------------------------
Sec. 1107............................ COVID-19 vaccination Complete............... Effective upon
status. Enactment
----------------------------------------------------------------------------------------------------------------
FAA REAUTHORIZATION ACT OF 2024: AN UPDATE ON IMPLEMENTATION ONE YEAR
LATER
----------
THURSDAY, MAY 15, 2025
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC.
The committee met, pursuant to call, at 10:07 a.m. in Room
2167, Rayburn House Office Building, Hon. Sam Graves (Chairman
of the committee) presiding.
Mr. Graves. The Committee on Transportation and
Infrastructure will come to order.
I would ask unanimous consent that the chairman be
authorized to declare a recess at any time during today's
hearing.
Without objection, that is so ordered.
As a reminder, if Members insert a document into the
record, please also email it to [email protected].
I now recognize myself for the purposes of an opening
statement.
OPENING STATEMENT OF HON. SAM GRAVES OF MISSOURI, CHAIRMAN,
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Mr. Graves. Tomorrow marks the 1-year anniversary of the
FAA Reauthorization Act of 2024 being signed into law. In
crafting the law, the committee received and processed more
than 2,100 stakeholder and Member requests. We held five
detailed policy hearings in the leadup to introduction and
produced a bipartisan product that garnered the support of more
than 1,000 aviation organizations and companies. When all was
said and done, the final bill passed with the support of 387
Members of the Congress and 88 Senators. Not many pieces of
legislation enjoy that kind of bipartisan support.
And that bill, now law, touched just about everything in
the aviation industry, including a strong and robust aviation
safety title that included reforms to address close calls and
near-misses; a workforce title that addressed the challenges
head-on by removing barriers for veterans and young individuals
looking to begin a career in civil aviation, including
bolstering the air traffic control workforce; an airport
infrastructure title that increased the Airport Improvement
Program for the first time in over a decade and streamlined the
environmental permitting process; a new entrant title crafted
to maintain American leadership in this emerging sector; and a
passenger experience title that was aimed at improving travel
for all Americans.
Furthermore, it is a personal point of pride for me that
the law included the very first ever GA title. General aviation
is the foundation of our Nation's aviation system. In fact, it
is where many of our pilots and our mechanics and other hard-
working aviation professionals--it's where they began their
career. Put simply, the law recognized the importance of
general aviation and protected the freedom to fly for every
single American.
While the committee has been conducting oversight to ensure
that the congressional intent is upheld, today's hearing
represents the first time that Members will be able to hear
from the Federal Aviation Administration and the Government
Accountability Office on their progress, and I am pleased the
FAA has worked expeditiously to implement several key
provisions in the GA title.
Additionally, with heightened attention being placed on the
need to modernize our air traffic control system--an initiative
that all in this room support--the reauthorization bill gave
FAA a flight plan. Now they have to start the plan and actually
follow it.
To aid that effort Republicans on this committee came
together and approved a reconciliation package that
appropriates $12.5 billion to the FAA for ATC modernization.
This $12.5 billion investment is going to provide a significant
downpayment on the administration's plan to overhaul and
modernize the ATC system, and I look forward to working with
them on this effort.
I would like to thank all of our witnesses for being here
today, and I look forward to hearing from each of you on the
progress that the FAA and the GAO have made in implementing
this milestone legislation.
[Mr. Graves' prepared statement follows:]
Prepared Statement of Hon. Sam Graves of Missouri, Chairman, Committee
on Transportation and Infrastructure
Tomorrow marks the one-year anniversary of the FAA Reauthorization
Act of 2024 being signed into law.
In crafting the law, the Committee received and processed more than
2,100 stakeholder and Member requests, held five detailed policy
hearings in the lead-up to introduction, and produced a bipartisan
product that garnered the support of more than 1,000 aviation
organizations and companies.
When all was said and done, the final bill passed with the support
of 387 Members of Congress and 88 Senators. Not many pieces of
legislation enjoy such wide bipartisan support.
That bill, now law, touched just about everything in the aviation
industry, including a strong and robust aviation safety title that
included reforms to address close calls and near-misses; a workforce
title that addresses challenges head on by removing barriers for
veterans and young individuals looking to begin a career in civil
aviation, including bolstering the air traffic control workforce; an
airport infrastructure title that increased the Airport Improvement
Program (AIP) for the first time in over a decade and streamlined
environmental permitting approvals; a new entrant title crafted to
maintain American leadership in this emerging sector; and a passenger
experience title aimed at improving travel for all Americans.
Furthermore, it's a personal point of pride for me that the law
included the first-ever general aviation (GA) title. General aviation
is the foundation of this nation's aviation system. In fact, it's where
many of our pilots, mechanics, and other hard working aviation
professionals begin their careers. Put simply, the law recognized the
importance of general aviation and protected the freedom to fly for
every American.
While the Committee has been conducting oversight to ensure that
congressional intent is upheld, today's hearing represents the first
time that Members will be able to hear from the Federal Aviation
Administration (FAA) and the Government Accountability Office (GAO) on
their progress.
I'm pleased the FAA has worked expeditiously to implement several
key provisions in the GA title. Additionally, with heightened attention
being placed on the need to modernize our air traffic control system--
an initiative that all in this room support--the reauthorization bill
gave the FAA a flight plan. Now they must start the plane and follow
it.
To aid that effort, Republicans on this committee came together and
approved a reconciliation package that appropriates $12.5 billion to
the FAA for ATC modernization. This $12.5 billion investment will
provide a significant down payment on the Administration's plan to
overhaul and modernize the ATC system, and I look forward to working
with them in that effort.
I'd like to thank our witnesses for being here today and look
forward to hearing from each of you about the progress that the FAA and
the GAO have made in implementing this milestone legislation.
Mr. Graves. With that, I recognize Ranking Member Larsen
for his opening statement.
OPENING STATEMENT OF HON. RICK LARSEN OF WASHINGTON, RANKING
MEMBER, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Mr. Larsen of Washington. Thank you, Chair Graves, for
calling today's oversight hearing on the implementation of the
landmark 2024 FAA reauthorization law.
One year ago today, Congress took decisive action to
improve aviation safety, foster aerospace innovation, grow the
aviation workforce, and better protect the flying public. While
the FAA is making progress in implementing the law, recent
tragic aviation accidents and close calls make clear the
administration must prioritize the critical safety reforms
included in the reauthorization.
The immense loss that occurred from the tragic mid-air
collision at Washington National Airport, DCA, highlights the
need for the FAA and Congress to recommit to enhancing the
safety of the National Airspace System and restoring the flying
public's confidence in that system. Unfortunately, recent
events have shown the problems we are seeing in the aviation
industry extend much further than the issues that led to the
heartbreaking plane crash on January 29th.
Shortly after this crash, there were several other fatal
commercial crashes or safety accidents like in Alaska,
Philadelphia, Arizona, and other places around the country. In
the last 6 weeks alone, there have been an ongoing series of
high-profile, troubling accidents, including: a helicopter
conducting commercial air tours crashing in the Hudson River;
two loss of separation events at DCA between a Black Hawk
helicopter and a commercial airline flight; the wingtip of a
Bombardier CRJ 900 striking an Embraer E175 on the taxiway at
DCA; the FAA's NOTAM system, which provides essential real-time
updates on conditions affecting flight safety, experiencing
sudden outages; and at least three separate instances of ATC
equipment failures affecting Newark Airport alone, resulting in
hundreds of delays and cancellations.
The American people are justifiably outraged and demand the
FAA do more to make our system safer and more reliable, and we
want to help. It has also been true the U.S. strives to be the
gold standard in aviation safety, but that statement can ring
hollow to some when there are almost daily reports of serious
close calls or system failures.
And one of the most immediate and effective long-term
solutions the FAA can do right now to make our system safer is
to swiftly implement the 2024 law. That law, passed by this
Congress in a bipartisan manner, as the chair has noted,
provides the FAA with a 5-year roadmap on how the
administration can address many of the safety issues we have
recently seen. We gave you the ``what needs to be done'' list,
and now we are in the ``how-to'' stage, and that is up to the
FAA to implement.
For instance, earlier this week, it was reported that
flight delays out of Newark Airport were in part due to only
three controllers being on duty at the time, even though the
staffing target was 14. Although the FAA is working to hire the
maximum number of controllers from the agency's ATC training
academy, as required by the law, the agency has yet to
modernize staffing models for controllers and other aviation
safety roles to meet the evolving needs of the NAS.
There have also been several recent near-misses and runway
incursions at airports across the country, including DCA,
Seattle, Chicago, and Boston. The reauthorization law requires
the FAA to establish the Runway Safety Council, which would
develop new strategies to address airport surface safety risks,
identify and deploy airport surface surveillance technologies
to all large- and medium-hub airports, and conduct a review of
existing systems to assess how legacy technologies can be
improved.
And the law could help prevent future ATC disruptions--such
as the recent NOTAM outage and numerous ATC system failures
that recently impacted Newark Airport--through its requirement
that FAA audit its legacy ATC systems and make immediate
improvements to any system deemed outdated or unsafe.
There are policies the FAA should be considering that were
not included in the law, as well. For instance, just last week,
the Secretary announced a proposal that will help fund the
modernization of new ATC facilities, systems, and equipment. We
have yet to receive a proposed budget for this proposal, and
such an important and costly plan will require vigorous
oversight. But I do encourage the committee members to take a
look at what the Secretary is proposing, because I do believe
it is a very positive step forward, and I look forward to
working with the chair to develop bipartisan legislation that
will help modernize the system.
Unfortunately, the administration's actions to shrink the
Federal workforce will undermine the FAA's ability to implement
the reauthorization law and could jeopardize aviation safety.
For instance, over the last several months, the administration
has fired several hundred FAA probationary employees; signed
buyouts with over 4,000 DOT employees, nearly half of which are
from the FAA; and threatened FAA and other employees with
unproductive email requests. And earlier this month, the
administration announced it will conduct additional layoffs at
DOT. These layoffs could prevent not just the implementation of
critical safety reforms included in the FAA law, but also
prevent DOT from fixing the various challenges currently
plaguing our aviation system.
So, one question is very clear that I need to ask is how
can the administration expect to fix the ATC system when it is
pushing out the very people that support, operate, and maintain
the ATC system?
To grow the workforce, invest in deploying safety
technologies, and protect the flying public, this
administration must stay focused on implementation of the law
as we passed it. The many reports of aviation incidents are a
solemn reminder that we can't delay fixing issues that we have
the power to solve now. Today is an important opportunity to
learn more about how the FAA is implementing the law and other
actions the agency must take to ensure safer skies for the
flying public.
Thank you, Mr. Chair. With that, I yield back.
[Mr. Larsen of Washington's prepared statement follows:]
Prepared Statement of Hon. Rick Larsen of Washington, Ranking Member,
Committee on Transportation and Infrastructure
Thank you, Chairman Graves, for calling today's oversight hearing
on the implementation of the landmark 2024 FAA Reauthorization law.
One year ago, Congress took decisive action to improve aviation
safety, foster aerospace innovation, grow our workforce and better
protect the flying public.
While the FAA is making some progress in implementing the law,
recent tragic aviation accidents and close calls make clear that the
Administration must prioritize the critical safety reforms included in
the reauthorization.
The immense loss that occurred from the tragic mid-air collision at
Washington National Airport (DCA) highlights the need for the FAA and
Congress to recommit to enhancing the safety of the national airspace
system (NAS) and restoring the flying public's confidence in that
system.
Unfortunately, recent events have shown the problems we are seeing
in the aviation industry extend much further than the issues that led
to the heartbreaking plane crash on January 29.
Shortly after this crash, there were several other fatal commercial
crashes or safety accidents in Alaska, Philadelphia, Arizona and other
places around the country.
In the last six weeks alone, there have been an ongoing series of
high profile, troubling accidents, including:
A helicopter conducting commercial air tours crashing
into the Hudson River;
Two loss of separation events at DCA between a Black Hawk
helicopter and a commercial airline flight;
The wingtip of a Bombardier CRJ900 striking an Embraer
E175 on the taxiway at DCA;
The FAA's NOTAM system--which provides essential real-
time updates on conditions affecting flight safety--experiencing sudden
outages; and
At least three separate instances of air traffic control
(ATC) equipment failures affecting Newark Airport alone, resulting in
hundreds of delays and cancellations.
The American people are justifiably outraged and demand the FAA do
more to make our system safer and more reliable, and we want to help.
The U.S. strives to be the gold standard in aviation safety. But
that statement can ring hollow when there are almost daily reports of
serious close calls or ATC system failures.
One of the most immediate and effective long-term solutions the FAA
can do right now to make our system safer is to swiftly implement the
2024 FAA Reauthorization law.
That law, passed in a bipartisan manner, provides the FAA with a
five-year roadmap on how the Administration can address many of the
safety issues we've recently seen.
We gave you the what needs to be done list, and now we're in the
how-to stage, and it's up to the FAA to implement.
For instance, earlier this week it was reported that the flight
delays out of Newark Airport were in part due to only three controllers
being on duty at the time, even though the staffing target was 14.
Although the FAA is working to hire the maximum number of
controllers from the agency's ATC training academy, as required by the
law, the Agency has yet to modernize staffing models for controllers
and other aviation safety roles to meet the evolving needs of the NAS.
There have also been several recent near-misses and runway
incursions at airports across the country, including DCA, Seattle,
Chicago and Boston.
The reauthorization law requires the FAA to establish the Runway
Safety Council, which would develop new strategies to address airport
surface safety risks, identify and deploy airport surface surveillance
technologies to all large and medium hub airports and conduct a review
of existing systems to assess how legacy technologies can be improved.
And the law could help prevent future ATC disruptions--such as the
recent NOTAM outage and numerous ATC system failures that have recently
impacted Newark Airport--through its requirement that FAA audit its
legacy ATC systems and make immediate improvements to any system deemed
outdated or unsafe.
To be clear, there are policies the FAA should be considering that
were not included in the law.
For instance, just last week, the Secretary announced a proposal
that will help fund the modernization of new ATC facilities, systems
and equipment. We have yet to receive a proposed budget for this
proposal and such an important and costly plan will require vigorous
oversight, but I do encourage Committee members to look at what the
Secretary is proposing because I believe that it is a very positive
step forward.
I look forward to working with Chairman Graves to develop
bipartisan legislation that will help modernize our ATC system.
Unfortunately, the Administration's actions to shrink the federal
workforce will undermine the FAA's ability to implement the
reauthorization law and could jeopardize aviation safety.
For instance, over the last several months, the Administration has
fired several hundred FAA probationary employees, signed buyouts with
over 4,000 DOT employees--nearly half of which are from the FAA--and
threatened FAA and other employees with unproductive email requests.
And earlier this month, the Administration announced it will
conduct additional layoffs at DOT.
These layoffs could prevent not just the implementation of critical
safety reforms included in the FAA reauthorization, but also prevent
DOT from fixing the various challenges currently plaguing our aviation
system.
So, one question that is very clear that I need to ask is how can
the Administration expect to fix our ATC system when it is pushing out
the very people that support, operate and maintain the ATC system?
To grow the aviation workforce, invest in deploying safety-critical
technologies, and protect the flying public, this Administration must
stay focused on implementing the 2024 FAA Reauthorization.
The many reports of aviation incidents are a solemn reminder that
we can no longer delay fixing issues that we have the power to solve
now.
Today is an opportunity to learn more about how the FAA is
implementing the law and other actions the agency must take to ensure
safer skies for the flying public.
Mr. Graves. So, again, I want to welcome our witnesses
here. And briefly I want to take a moment to explain the
lighting system.
Basically, green means go, and yellow means you are running
out of time, and red means please conclude your remarks.
And with that, I would ask unanimous consent that all
witnesses' full statements be included in the record.
And without objection, that is so ordered.
I would ask unanimous consent that the record of today's
hearing remain open until such time as our witnesses have
provided answers to any questions that might be submitted to
them in writing.
And without objection, that is so ordered.
I would ask unanimous consent that the record remain open
for 15 days for any additional comments and information
submitted by Members or our witnesses to be included in the
record of today's hearing.
And without objection, that is so ordered.
As your written testimony has been made a part of the
record, the committee asks that you limit your oral remarks to
5 minutes.
And with that, we will start with Ms. Baker, who is the
Deputy Associate Administrator for Aviation Safety.
You are recognized for 5 minutes.
TESTIMONY OF JODI BAKER, DEPUTY ASSOCIATE ADMINISTRATOR FOR
AVIATION SAFETY, FEDERAL AVIATION ADMINISTRATION, ACCOMPANIED
BY FRANK McINTOSH, DEPUTY CHIEF OPERATING OFFICER, AIR TRAFFIC
ORGANIZATION, FEDERAL AVIATION ADMINISTRATION, AND WAYNE
HEIBECK, DEPUTY ASSOCIATE ADMINISTRATOR FOR AIRPORTS, FEDERAL
AVIATION ADMINISTRATION; AND DERRICK COLLINS, DIRECTOR,
PHYSICAL INFRASTRUCTURE, U.S. GOVERNMENT ACCOUNTABILITY OFFICE
TESTIMONY OF JODI BAKER, DEPUTY ASSOCIATE ADMINISTRATOR FOR
AVIATION SAFETY, FEDERAL AVIATION ADMINISTRATION
Ms. Baker. Thank you very much. Chairman Graves, Ranking
Member Larsen, members of the committee, thank you for the
opportunity to share some updates regarding the FAA's efforts
to implement the FAA Reauthorization Act of 2024.
The FAA has made significant progress in implementing the
act's several hundred requirements during the past year.
Together with my colleagues from the Air Traffic Organization
and the Office of Airports here with me today, I will highlight
several of these accomplishments.
Regarding direction to improve the FAA's communication and
timely decisionmaking on matters before the agency, so far we
have reduced the aircraft registration backlog, and
applications are now processed within an average of 10 business
days or less. We also shortened the timeframe for determining
acceptance or rejection of air carrier, air operator, and air
agency certificate applications.
We have improved the guidance that our inspector workforce
uses while planning for production approval-holder inspections.
We are also enhancing the processing and analysis of safety
data. Specifically, the Aviation Safety Information Analysis
and Sharing system has incorporated advanced tools to process
safety data more rapidly and produce safety intelligence to
identify trends and mitigate risks.
As we enhance the safety of the National Airspace System
for current users, we are also focused on integrating new and
emerging aviation technologies, including advanced air
mobility. Last month, Secretary Duffy announced the Center for
Advanced Aviation Technologies to be operated by the Texas A&M
University System. The center will play a pivotal role
advancing aviation technologies, ensuring safe integration into
the NAS, and drive innovation in aviation.
The FAA is ready for powered-lift, the first brandnew
category of civil aircraft in almost a century. Last year, the
FAA issued the Special Federal Aviation Regulation on powered-
lift instructor and pilot certification, pilot training, and
operating rules.
President Trump and Secretary Duffy made clear their
priority to deliver an all-new, state-of-the-art air traffic
control system that makes air travel safer and more efficient
for the American people. Last week, Secretary Duffy announced a
plan to replace core infrastructure including radar, software,
hardware, telecommunications networks, and facilities. The FAA
has already accelerated the modernization of the Notice to
Airmen System. We expect delivery by July of 2025, and are
targeting deployment by September of 2025.
The FAA must recruit, train, and retain the best and
brightest. Consistent with congressional direction in the act,
the FAA is laser-focused on air traffic controllers and
aviation safety inspectors. We are updating controller staffing
targets across facilities to reflect FAA-NATCA workgroup
negotiated levels.
Under Secretary Duffy's leadership, we accelerated the time
to hire and streamlined the controller hiring process through
targeted automation and process improvements. We are offering
financial incentives to grow the new controller pipeline and
retain our most experienced controllers, and we are using on-
the-spot hiring authority for experienced military controllers
to join the workforce.
The FAA is leveraging partnerships with colleges and
universities to create another pipeline for controllers through
the Enhanced Air Traffic Collegiate Training Initiative. We
expect these investments to assist staffing at critical Federal
contract towers as we grow the controller workforce.
Aviation safety inspectors are frontline in safety
oversight and are essential to execute our safety mission. The
use of direct hire-authority, for example, on-the-spot hiring
authority, has enabled the FAA to continue targeted recruitment
for these mission-critical positions and accelerate the hiring
process.
For our Nation's airports, we have updated airport
improvement plan guidance that will benefit airport operators,
and we are continuing to support the transition to fluorine-
free firefighting foam and updated guidance for vertiports,
which will support the integration of AAM.
We have made substantial progress implementing the
requirements aimed at eliminating dangerous runway incidents.
Since November of 2024, the FAA has added the Surface Awareness
Initiative at 18 sites. We have more than 30 additional sites
planned to go operational by the end of calendar year 2025, and
we are rolling out new, enhanced safety technology at more than
70 airports.
The FAA is committed to implementing the FAA
Reauthorization Act. We are confident we are making substantial
and meaningful progress, and we intend to keep Congress advised
of that progress. And we look forward to your questions.
[The joint prepared statement of Ms. Baker, Mr. McIntosh,
and Mr. Heibeck follows:]
Joint Prepared Statement of Jodi Baker, Deputy Associate Administrator
for Aviation Safety, Federal Aviation Administration; Frank McIntosh,
Deputy Chief Operating Officer, Air Traffic Organization, Federal
Aviation Administration; and Wayne Heibeck, Deputy Associate
Administrator for Airports, Federal Aviation Administration
Chairman Graves, Ranking Member Larsen, and Members of the
Committee, thank you for the opportunity to share some updates on
behalf of the Federal Aviation Administration (FAA) regarding the
agency's efforts to implement the FAA Reauthorization Act of 2024 (the
Act) as we approach the first anniversary of its enactment.
The Act, which runs through fiscal year 2028, communicates
congressional priorities for the agency's mission to provide the
world's safest, most efficient aerospace system. It is broad in scope
and speaks to everything from FAA's staffing, ways to bolster many of
the agency's oversight processes, and where to invest resources to
support safety and efficiency for both conventional users and new
entrants. The Act has several hundred requirements, the bulk of which
fall primarily under the purview of the Aviation Safety Organization,
the Air Traffic Organization, and the Office of Airports.
The FAA made significant progress in implementing the Act's
requirements during the past year. We want to highlight some of those
accomplishments for you today.
Aviation Safety
Building on our commitment to continuous improvement of our
certification process and safety oversight, we updated guidance
applicable to our risk model for production approval holder inspections
and implemented enhancements to the processing and analysis of safety
data.
The Act requires the FAA to review and update its Production
Approval Holder (PAH) risk model to ensure it adequately accounts for
risk at facilities ``during periods of increased production.'' \1\ The
FAA policy applicable to Aviation Safety Inspectors (ASI) overseeing
PAH recognizes that changes in production rates--both increases and
decreases--can increase risk. An FAA team reviewed the policy and
determined that it would benefit from improved guidance on how to
respond when a PAH experiences a change in production rate. As a
result, in April, the FAA issued additional guidance to ASIs on
performing a risk assessment when a PAH's production rate changes; how
to use the risk assessment results; when to add audits; how to
customize an audit plan to focus on the areas of highest risk; and
which facilities and suppliers to audit.
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\1\ Pub. L. No. 118-63, Sec. 314 (2024).
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Regarding the Act's direction to improve the Aviation Safety
Information Analysis and Sharing program (ASIAS) concerning safety data
sharing and risk mitigation, the FAA accelerated the procurement of a
commercially available solution to modernize ASIAS. This includes using
commercial cloud-based solutions to store and process ASIAS data. More
than 30 million digital flight records voluntarily submitted by airline
stakeholders have moved to a cloud-based platform. ASIAS has also
initiated the implementation of a new advanced technology tool to
process safety data more rapidly and produce safety intelligence that
we can use to identify trends and mitigate risks.\2\
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\2\ Id., Sec. 348.
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As we implement the Act's requirements, we continually examine the
effectiveness of our oversight processes and make necessary
improvements to ensure accountability. We continue to maintain rigorous
oversight of Boeing's manufacturing, including implementation of its
safety management system. And we appreciate Congress's additional
support in extending several provisions of the Aircraft Certification,
Safety, and Accountability Act and adding annual training requirements
for Organization Designation Authorization unit members to include
ethics, professionalism, and safety concern reporting processes.\3\
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\3\ See Pub. L. No. 116-260, Div. V, Title I, Sec. Sec. 303-304,
306 (2020).
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Advanced Aviation Operations and Technologies
As we enhance the safety of the national airspace system (NAS) for
current users, we are also focused on integrating new and emerging
aviation technologies, including Advanced Air Mobility (AAM). AAM is an
umbrella term for aircraft that are typically highly automated,
electrically powered, and have vertical take-off and landing
capability. Last month, Secretary Duffy announced the establishment of
the Center for Advanced Aviation Technologies (CAAT), to be operated by
the Texas A&M University System.\4\ The CAAT will play a pivotal role
in advancing aviation technologies and ensuring their safe integration
into the NAS. The center will also represent a collaboration between
government, academia, and industry to drive innovation in aviation.
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\4\ Pub. L. No. 118-63, Sec. 961 (2024).
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The Act contains several sections focused on supporting U.S.
leadership in AAM.\5\ Many AAM aircraft fall into the powered-lift
category. We are pleased to report that the FAA is ready for powered-
lift, which will be the first brand-new category of civil aircraft in
almost a century. Late last year, the FAA met the Act's requirement for
publishing a Special Federal Aviation Regulation on powered-lift
instructor and pilot certification, pilot training, and operating
rules.\6\ The FAA will gather data and information through regulatory
requirements and the Aviation Rulemaking Committee required by the Act
to develop a permanent regulatory framework for powered-lift.
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\5\ See, e.g., id., Sec. 951, et seq.
\6\ Id., Sec. 955.
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The Act also expresses congressional priorities for continuing to
integrate unmanned aircraft systems (UAS), or drones, into the NAS.
While the FAA provides regulatory relief to enable certain more complex
UAS operations, such as operations beyond the operator's visual line of
sight (BVLOS), normalizing BVLOS operations through rulemaking remains
a top priority for the FAA.\7\
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\7\ Id., Sec. 930.
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Modernization
As we work to integrate advanced aviation technologies and aircraft
into the NAS, we must prioritize NAS modernization for increased
capacity and efficiency. President Trump and Secretary Duffy made clear
their priority to deliver an all-new, state-of-the-art air traffic
control system that makes air travel safer and more efficient for the
American people. In line with the Administration's priorities and
congressional direction, the FAA's first step is accelerating the
modernization of the Notice to Airmen (NOTAM) system this year, much
earlier than originally planned. The system will be securely hosted in
the cloud and have a scalable and resilient architecture. We expect
delivery by July 2025 and are targeting operational deployment of the
modernized service by September 2025.
FAA Process Improvements
The Act directs the FAA to improve communication and timely
decision-making on matters before the agency, including applications
for aircraft registration and air carrier certification. We agree that
there is room for process improvements and increased accountability to
our stakeholders. Thus far, we have reduced the aircraft registration
backlog, and applications are now processed within an average of 10
business days or less.\8\
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\8\ Id., Sec. 817.
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We also shortened the time frame for determining acceptance or
rejection of air carrier, air operator, and air agency certificate
applications. Notably, while the target set by Congress is for the FAA
to maintain an average application or rejection timeframe of less than
60 days for part 135 air carrier certificates within one year of
enactment, the average acceptance or rejection timeframe for these
applications is now just 31 business days.\9\ We attribute the
resulting timeliness and backlog improvements to adjustments to
documentation requirements during the design assessment phase to
streamline single pilot air carrier certifications under 14 CFR part
135, the establishment of a Flight Standards certification team that
exclusively focuses on certification projects to assist with additional
certification capacity, and policy enhancements to foster applicant
accountability and readiness.
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\9\ Id., Sec. 818.
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FAA Staffing
As Congress recognized in the Act, the FAA must recruit, train, and
retain the best and brightest for our FAA team. The Act specifically
considers both Air Traffic Controller staffing \10\ and Aviation Safety
Inspector (ASI) staffing.\11\
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\10\ Id., Sec. 437.
\11\ See id., Sec. Sec. 428, 430.
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Controller staffing is a top priority as air traffic controllers
play an essential role in keeping the American people safe. As required
by the Act, we are updating controller staffing targets across
facilities to reflect FAA-NATCA workgroup negotiated levels until we
make adjustments to our controller staffing model.
We currently have over 10,750 air traffic controllers on the job,
with more than 3,000 in training. We are on track to hire another 2,000
controller trainees this year. We are reviewing our hiring, training,
and placement processes, as well as FAA Academy withdrawals and
failures, to ensure our selection methods effectively identify
candidates best suited for the controller profession.
Consistent with Secretary Duffy's announcement on supercharged air
traffic controller hiring and our commitment to enhancing efficiency,
we streamlined the hiring process through targeted automation and
process improvements, which will accelerate the time-to-hire for these
critical positions by five months or more, bringing new air traffic
controllers on the job much faster. We also incentivized hiring with a
30 percent increase in the salary of those who qualify to attend the
FAA's Academy. And we are already seeing positive results from these
improvements.
Under Secretary Duffy's leadership, we are also offering financial
incentives to new FAA controllers who complete initial qualification
training. Additional financial incentives are also available to retain
our most experienced controllers, and we are expanding opportunities
for experienced military controllers to join the workforce using on-
the-spot hiring authority to allow these veterans to bypass the normal
announcement process. Air Traffic managers will be able to directly
accept resumes from interested military controllers and help place them
at their preferred location.
In addition to financial incentives, we are also leveraging
partnerships with approved colleges and universities to create an
additional pipeline for controllers through the Enhanced Air Traffic
Collegiate Training Initiative (AT-CTI). The Enhanced AT-CTI authorizes
institutions to provide the same training provided by the FAA. After
passing the Air Traffic Skills Assessment, meeting the FAA's medical
and security requirements, passing performance evaluations, and
receiving an endorsement certificate, Enhanced AT-CTI graduates can
report directly to an FAA facility to begin their on-the-job training.
The benefits of the many investments in controller training and
hiring will not be limited to just FAA facilities. We also expect these
investments to assist staffing at critical Federal Contract Towers as
we grow the controller workforce.
ASI hiring is also essential to our ability to execute our safety
mission. ASIs are the frontline in safety oversight. Congressional
direction for the FAA to use direct-hire authority (e.g., on-the-spot
hiring authority) has enabled the FAA to continue targeted recruitment
for these mission-critical positions, and it allows the FAA to accept
resumes outside of the normal announcement process for all service
locations. Use of on-the-spot hiring authority is an effective tool in
hiring ASI positions. On-the-spot hiring authority will continue to
enable the FAA to accelerate the hiring process by extending offers of
employment to fully mission-qualified candidates faster in a highly
competitive labor market.
Airports
Our nation's airports are vital to connecting communities,
sustaining jobs, and moving people and goods where they need to go. The
FAA appreciates the increase in the Airport Improvement Program (AIP)
authorization to $4 billion for fiscal years 2025 through 2028 to
invest in airports across the country so that communities, large and
small, can continue to safely and efficiently connect with the rest of
the world.\12\ AIP grants support projects that improve safety and
efficiency and keep the pavement of our nation's airports in good, safe
condition for pilots and the flying public; preserve and improve
critical airfield infrastructure at more than 3,200 public-use airports
nationwide to support a continued focus on safety-related development
projects; and facilitate the safe and efficient integration of new and
innovative technologies into airport operations.
---------------------------------------------------------------------------
\12\ Id., Sec. 101.
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We're also working hard to implement other requirements, such as
updating AIP guidance that will benefit airport operators \13\,
continuing to support the transition to fluorine-free firefighting foam
\14\, and updating guidance for vertiports \15\, which will support
future integration of AAM.
---------------------------------------------------------------------------
\13\ See id., Sec. Sec. 733 and 737.
\14\ See id., Sec. 767.
\15\ Id., Sec. 958.
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Runway Safety
Runway safety remains one of our highest priorities. We made
substantial progress in implementing section 347 of the Act, which
expresses our shared intent with Congress to eliminate all dangerous
runway incidents. In November 2024, the Air Traffic Organization
briefed the Runway Safety Council on airport surface safety
technologies. The council identified the Surface Awareness Initiative
as an additional tool that expands surface situational awareness for
controllers at 18 airports without existing surface surveillance
capabilities. Since the briefing in November 2024, all 18 sites are
operational, with more than 30 additional sites planned to go
operational by the end of calendar year 2025. In addition, we announced
that we are rolling out new enhanced safety technology at more than 70
airports. Runway Incursion Devices are memory aids for air traffic
controllers that indicate when a runway is occupied or closed. Runway
Incursion Devices are one of three situational-awareness solutions in
the FAA's fast-tracked surface safety portfolio.
Conclusion
The FAA is committed to implementing the provisions of the FAA
Reauthorization Act of 2024. Our employees work hard to achieve the
goals and directives mandated by Congress in the Act. We are confident
that we are making substantial and meaningful progress, and we intend
to keep Congress apprised of that progress regularly. Thank you again
for the opportunity to address the Committee. We look forward to
answering your questions.
Mr. Graves. Let's see. Next we have Mr. Collins, who is the
Director of Physical Infrastructure at GAO.
You are recognized for 5 minutes.
TESTIMONY OF DERRICK COLLINS, DIRECTOR, PHYSICAL
INFRASTRUCTURE, U.S. GOVERNMENT ACCOUNTABILITY OFFICE
Mr. Collins. Chairman Graves, Ranking Member Larsen, and
members of the committee, thank you for the opportunity to
discuss GAO's work related to FAA's efforts to implement the
FAA Reauthorization Act of 2024.
The act communicates congressional direction for how FAA
should carry out aspects of its mission, and helps ensure the
safety and efficiency of the National Airspace System. The act
also contains 36 mandates for GAO to undertake various studies,
and requires that FAA implement various GAO recommendations
related to our past work. While FAA has taken several actions
to implement the act, my remarks will highlight challenges FAA
faces modernizing the National Airspace System and enhancing
the aviation workforce, as well as GAO's recent and ongoing
work in these areas and our open recommendations.
Our recent work related to airspace modernization has
focused on the condition of legacy IT systems and NextGen
implementation. In September 2024, we reported that 76 percent
of FAA's 138 air traffic control systems were unsustainable, or
potentially unsustainable, and that FAA had been slow to
modernize these systems. Our November 2023 report on the status
of NextGen modernization efforts found that since 2018, FAA had
made mixed progress across NextGen programs. We made a total of
11 recommendations in these 2 reports to help FAA address
modernization delays and challenges. Of these, nine have not
yet been fully implemented. However, FAA has actions underway
to address them.
Our recent work related to air traffic controller staffing
and enhancing the aviation workforce has focused on addressing
employee skills gaps. We have three open recommendations that
aim to ensure FAA's workforce has the needed skills and to help
FAA prepare for changes in technology. FAA concurred with these
recommendations and has various actions underway to complete
implementation.
Additionally, we have ongoing work on challenges FAA may
face in recruiting, hiring, and training new air traffic
controllers, and how, if at all, FAA has assessed the
effectiveness of its processes for doing so.
In response to the act, we also have ongoing work related
to airport service workers, the regional airline pilot
workforce, the FAA national simulator program, and high school
aviation training.
In closing, there are currently 50 open GAO recommendations
to FAA from reports that we have issued since 2020.
Implementing these open recommendations will help position FAA
to fulfill its commitment to ensuring that the United States
has the safest, most efficient airspace system in the world. We
look forward to working with the committee to ensure
implementation of the important provisions in the act and to
provide support through the work we have underway in response
to the act.
This concludes my statement. I will be happy to answer any
questions.
[Mr. Collins' prepared statement follows:]
Prepared Statement of Derrick Collins, Director, Physical
Infrastructure, U.S. Government Accountability Office
Federal Aviation Administration: Key Provisions in the 2024
Reauthorization Act and Related GAO Work
Highlights
What GAO Found
The Federal Aviation Administration (FAA) Reauthorization Act of
2024 (the Act) communicates congressional direction for how FAA should
carry out aspects of its mission and helps ensure the safety and
efficiency of the U.S. airspace system. The Act is broad and contains
provisions on areas including FAA's organizational structure,
controller staffing and aviation workforce, modernizing the national
airspace system (NAS), and supporting safety and efficiency for both
conventional users and new entrants such as drones.
The Act contains 36 provisions for GAO to study various issues
related to FAA and the NAS. In addition, the Act requires FAA to
implement various GAO recommendations. GAO has 50 open recommendations
to FAA that address, for example:
Air traffic control modernization delays and challenges
and urgent actions needed to address aging legacy IT systems.
Certifying small aircraft and aviation products, better
preventing and detecting fraud and abuse in aircraft registration, and
sharing information with law enforcement on persons who intentionally
point lasers at aircraft.
Challenges related to skill gaps and assessing training
in critical competencies to ensure FAA's aviation workforce can help it
prepare for changes in technology.
Integrating new operations--such as drones and commercial
space vehicles--into the NAS, while ensuring safety and efficiency.
GAO maintains that implementing these recommendations will better
position FAA to address the widespread challenges it faces in
modernizing the NAS and fulfilling its commitment to ensuring that the
U.S. has the safest, most efficient airspace system in the world.
Why GAO Did This Study
With over 45,000 flights daily, the U.S. national airspace system
is the busiest and most complex in the world. FAA is responsible for
regulating and overseeing civil aviation within the U.S. Its primary
mission is to ensure the safety and efficiency of air transportation,
including air traffic control, aircraft certification, and certain
airport operations.
The FAA Reauthorization Act of 2024 was signed into law on May 16,
2024, and authorizes FAA activities through fiscal year 2028. Congress
directed FAA to take various actions to maintain and improve the safety
and efficiency of air transportation while accommodating new entrants
such as drones and commercial space vehicles.
This testimony provides an overview of key areas of the Act, GAO's
open recommendations to FAA in these areas, and the work GAO is doing
in response to several provisions in the Act. This statement draws from
several GAO reports completed since fiscal year 2020.
What GAO Recommends
There are currently 50 open GAO recommendations to FAA from reports
that GAO has issued since 2020. These recommendations cut across
several FAA activities addressed by the Act including modernization of
the NAS, aviation safety, FAA's workforce, and integrating new
entrants, such as drones, into the NAS. In most cases, FAA concurred
with GAO's recommendations and is taking actions to address them.
__________
Chairman Graves, Ranking Member Larsen, and Members of the
Committee:
I am pleased to participate in today's hearing on the
implementation of the Federal Aviation Administration (FAA)
Reauthorization Act of 2024 (the Act). As you know, the Act was signed
into law on May 16, 2024, and authorizes FAA activities through fiscal
year 2028. It communicates congressional direction for how FAA should
carry out aspects of its mission and helps ensure the safety and
efficiency of the U.S. airspace system. The Act is broad and includes
provisions on FAA's organizational structure, air traffic controller
staffing and aviation workforce, and modernization of the national
airspace system (NAS), and supporting safety and efficiency for both
conventional airspace users and new entrants such as drones.\1\
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\1\ The NAS is a shared network of U.S. airspace; air navigation
facilities, equipment, and services; airports or landing areas;
aeronautical charts, information, and services; rules, regulations, and
procedures; technical information; and manpower and material.
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FAA has stated that much of this legislation aligns with the
agency's existing priorities and approaches and specifies where
Congress is most interested in seeing adjustments to resources and
timelines for various activities. FAA believes the Act supports the
needs of the aviation ecosystem and that its many provisions will help
advance aviation into the future. FAA has stated that it is committed
to implementing the requirements in the Act as efficiently as possible.
My testimony today provides an overview of key areas of the Act,
our open recommendations to FAA in these areas, and the work we are
doing in response to several provisions in the Act. The Act contains 36
provisions for GAO to undertake various studies. It also requires FAA
to implement various GAO recommendations from several of our past
reports.
This statement focuses on key statutory provisions, our related
work, and our prior recommendations in the following areas: airspace
modernization, aviation safety improvements, air traffic controller
staffing and aviation workforce, airport infrastructure, and new
entrants to the NAS--drones, advanced air mobility (AAM), and
commercial space aircraft.\2\
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\2\ AAM is a transportation system that is comprised of urban air
mobility and regional air mobility using manned or unmanned aircraft.
Urban air mobility and regional air mobility use an airworthy aircraft
that (A) has advanced technologies, such as distributed propulsion,
vertical takeoff and landing, powered lift, nontraditional power
systems, or autonomous technologies; and (B) has a maximum takeoff
weight of greater than 1,320 pounds. FAA Reauthorization Act of 2024,
Pub. L. No. 118-63, Sec. 951, 138 Stat. 1025, 1375.
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We conducted the work on which this statement is based in
accordance with generally accepted government auditing standards. Those
standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.
Airspace Modernization
FAA's primary mission is to ensure the safety and efficiency of
more than 45,000 flights operating daily in the NAS--the busiest and
most complex airspace in the world. Critical to this effort are
numerous air traffic control systems that enable air traffic
controllers to monitor weather, conduct navigation and surveillance,
manage communications, and more.
The Next Generation Air Transportation System (NextGen) is FAA's
multi-decade program to modernize the NAS and increase the safety and
efficiency of air travel. In November 2023, we reported that FAA had
spent over $14 billion on NextGen from fiscal year 2007 through fiscal
year 2022.\3\ FAA projected in 2018 that, in total, NextGen would cost
the federal government and industry at least $35 billion through 2030.
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\3\ GAO, Air Traffic Control Modernization: Program Management
Improvements Could Help FAA Address NextGen Delays and Challenges, GAO-
24-105254 (Washington, D.C.: Nov. 9, 2023). The $14 billion reflects
FAA's actual budget for NextGen from fiscal year 2007 through fiscal
year 2022, as reported in its Congressional Budget Justification.
However, this amount may not account for all NextGen activities during
those years. For example, FAA officials noted that pre-2008, the agency
did not identify individual programs and activities as NextGen in its
budget documents. FAA estimated in 2018 that NextGen would cost FAA
about $22 billion and industry about $13 billion by 2030.
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The Act directs FAA to sunset the NextGen office, which has been
overseeing airspace modernization efforts over the past 15 years, at
the end of 2025. In its place, the Act calls for the establishment of
an Airspace Modernization Office responsible for continuous
modernization of the NAS, development of a future information-centric
NAS, and more.
According to FAA, an information-centric NAS will focus on
leveraging information technology and data to create a more flexible,
collaborative, and efficient airspace. According to the Act, the office
will also develop a plan ensuring that the national airspace system
meets the future safety, security, mobility, efficiency, and capacity
needs of a diverse and growing set of airspace users.
Our work related to airspace modernization in recent years has
focused on the condition of legacy IT systems and NextGen
implementation. In September 2024, we reported that 76 percent of FAA's
138 air traffic control systems were unsustainable or potentially
unsustainable.\4\ However, we found that FAA had been slow to modernize
these systems. For the selected systems we reviewed, FAA planned to
take, on average, a decade to modernize them, with some taking over 12
years or more. Our November 2023 report on the status of NextGen
modernization efforts found that since 2018, FAA had made mixed
progress across NextGen programs.\5\
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\4\ GAO, Air Traffic Control: FAA Actions Are Urgently Needed to
Modernize Aging Systems, GAO-24-107001 (Washington, D.C.: Sept. 23,
2024).
\5\ GAO-24-105254.
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We made a total of 11 recommendations in these two reports to help
FAA address modernization delays and challenges and modernize aging
systems. Of these, nine have not been fully implemented; however FAA
has some actions underway to address them.
Aviation Safety Improvements
FAA has stated its priority is to advance the safety of the
nation's airspace system. The Act directs FAA to take action in a
number of areas related to aviation safety. For example, the Act
requires reviews of aircraft type certification processes and FAA use
of aviation safety data. The Act clarifies that FAA has the exclusive
authority to impose regulations to assure the cybersecurity of civilian
aircraft, engines, propellers, and appliances. In addition, the Act
calls for new qualification requirements for aircraft maintenance staff
and mandates new ethics training for employees in units of aircraft
manufacturers that are delegated certain FAA authorities, such as
issuing aircraft certification.
Our recent work on aviation safety has highlighted the need for
action in several areas. For example, we have:
Two open recommendations to FAA related to certifying
small aircraft to help improve safety, reduce regulatory cost burden,
and spur innovation and technology.\6\
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\6\ GAO, Aviation Certification: FAA Needs to Strengthen Its Design
Review Process for Small Airplanes, GAO-21-85 (Washington, D.C.: Nov.
16, 2020).
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Four open recommendations on the effectiveness of
international agreements for certifications of aviation products, to
help FAA evaluate the effectiveness of the agreements.\7\
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\7\ GAO, Aviation Certification: FAA Should Evaluate Effectiveness
of the International Validation Process, GAO-24-106040 (Washington,
D.C.: Jan. 10, 2024). We use the term drone detection technology when
referring only to technology capable of detecting, identifying,
monitoring, or tracking an unmanned aircraft, and the term drone
mitigation technology when referring only to technology capable of
deterring, preventing, responding to, and minimizing the immediate
consequences of safety and security threats posed by drone operations.
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One open recommendation and one matter for congressional
consideration related to drone detection and mitigation technology.\8\
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\8\ GAO, Aviation Safety: Federal Efforts to Address Unauthorized
Drone Flights Near Airports, GAO-24-107195 (Washington, D.C.: Mar. 18,
2024).
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One open recommendation to help FAA collect and share
information with law enforcement for investigating incidents of persons
intentionally aiming lasers at aircraft.\9\
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\9\ GAO, Aviation Safety: FAA Should Strengthen Efforts to Address
the Illegal Practice of Intentionally Aiming Lasers at Aircraft, GAO-
22-104664 (Washington, D.C.: Aug. 26, 2022).
FAA concurred with these recommendations and has various actions
underway to implement them. Fully implementing our recommendations in
these areas will improve safety in the NAS. In response to provisions
in the Act, we have ongoing studies of FAA's comprehensive and
strategic framework for aircraft cybersecurity, and funding for FAA
safety research and development.
Air Traffic Controller Staffing and Aviation Workforce
The aviation industry relies on a highly skilled workforce, which
includes air traffic controllers, pilots, and aircraft mechanics The
Act contains several provisions related to air traffic controller
staffing and enhancing the aviation workforce.
For example, the Act directs FAA to maximize hiring of air traffic
controllers (subject to the availability of appropriations), identify
limiting factors on the ability to hire and retain air traffic
controllers, and conduct a study on instructor recruitment, hiring, and
retention. It also requires FAA to make simulation technologies more
accessible and improve these technologies. The Act calls for the
Transportation Research Board to study and report on which staffing
models and methodologies best account for the operational staffing
needs of the air traffic control system.
In addition, the Act expands an existing aviation workforce
development grant program for training future pilots and directs FAA to
establish a program to allow qualified air carriers to provide enhanced
training for first officer prospects. The Act also expands an existing
grant program related to aviation maintenance technical careers and
establishes a new workforce development program focused on the aviation
manufacturing technical workforce. Further, the Act directs FAA to
revise regulations related to aviation maintenance technician
certification for applicants with relevant military experience.
We have three open recommendations related to skill gaps and
assessing training in critical competencies,\10\ and related to using
quantitative information about gaps in critical skills across mission-
critical occupations.\11\ These recommendations aim to ensure FAA's
workforce has the needed skills and to help FAA prepare for changes in
technology. FAA concurred with these recommendations and has various
actions underway to implement them.
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\10\ GAO, Aviation Safety: FAA's Office of Aviation Safety Should
Take Additional Actions to Ensure Its Workforce Has Needed Skills, GAO-
21-94 (Washington, D.C.: Nov. 9, 2020).
\11\ GAO, FAA Workforce: Better Assessing Employees' Skill Gaps
Could Help FAA Prepare for Changes in Technology, GAO-21-310
(Washington, D.C.: May 13, 2021).
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We have ongoing work on challenges FAA may face in recruiting,
hiring, and training new air traffic controllers and how, if at all,
FAA has assessed the effectiveness of its processes for doing so. In
response to the Act, we also have ongoing work related to airport
service workers, the regional airline pilot workforce, the FAA National
Simulator Program, and high school aviation training.
Airport Infrastructure
U.S. airports are important contributors to the U.S. economy,
providing mobility for people and goods, both domestically and
internationally. About 3,300 airports in the U.S. are part of the
national airport system and eligible to receive federal Airport
Improvement Program (AIP) grants to fund infrastructure projects. The
Act expands eligible projects and authorizes additional funding.
Airport infrastructure provisions in the Act address a range of issues
including conducting a study of regional airport capacity and the
establishing of grant pilot programs for regional airport accessibility
and increasing usable runway length.
Our prior work related to modernizing airport infrastructure has
focused on funding and financing planned infrastructure projects and
airports' efforts to enhance the resilience of their electrical power
systems.\12\ Among other things, this work identified the roles and
funding sources available for improving airport infrastructure. In
response to provisions in the Act, we have ongoing studies related to
air cargo infrastructure and operations, air cargo in Puerto Rico,
airport transit access and transportation, airport financial reporting,
and airport power generation. We also plan to begin work on state block
grants for the AIP, fixed base operators' commitment to online
transparency of prices and fees, and grants to airports in the
Republics of the Marshall Islands and Palau, and the Federated states
of Micronesia.\13\ This work will help inform efforts related to
airport infrastructure.
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\12\ GAO, Airport Infrastructure: Information on Funding and
Financing for Planned Projects, GAO-20-298 (Washington, D.C.: Feb. 13,
2020); and GAO, Airport Infrastructure: Selected Airports' Efforts to
Enhance Electrical Resilience, GAO-23-105203 (Washington, D.C.: Aug.
29, 2023).
\13\ According to FAA, a fixed base operator is a business granted
the right by the airport to operate fueling facilities, hangars,
aircraft tie-downs, aircraft rental, aircraft maintenance, flight
instruction, and other aeronautical services at an airport.
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New Entrants to the National Airspace System
New entrants to the NAS include drones, AAM aircraft, and
commercial space vehicles. FAA is actively working to integrate these
new operations into the NAS while ensuring safety and efficiency with
conventional airspace users.
Among several provisions related to new entrants, the Act directs
FAA to develop regulations allowing for routine operations of drones
beyond visual line of sight, which could expand advanced operations
such as package delivery and infrastructure inspections. The Act also
requires FAA to establish a process to approve third party vendors,
including those providing air traffic management services for drone
operations. Further, the Act extends a program to study integration of
drones into the NAS and establishes new grant programs for drone
infrastructure inspection and drone education and workforce training.
The Act also directs FAA to finalize rules regarding pilot training
requirements for vertical lift aircraft used in AAM applications and
directs FAA to take necessary steps to integrate such aircraft into the
NAS.
Our recent work in this area has focused on drone integration and
commercial space infrastructure, where we have several open
recommendations to FAA. These recommendations include the need for FAA
to:
Plan and share information on the development of drone
traffic management systems,\14\
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\14\ GAO, Unmanned Aircraft Systems: FAA Could Strengthen Its
Implementation of a Drone Traffic Management System by Improving
Communication and Measuring Performance, GAO-21-165 (Washington, D.C.:
Jan. 28, 2021).
---------------------------------------------------------------------------
Align FAA's drone integration strategy with elements of a
comprehensive strategy and develop lessons learned from FAA's drone
research programs,\15\
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\15\ GAO, Drones: FAA Should Improve Its Approach to Integrating
Drones into the National Airspace System, GAO-23-105189 (Washington,
D.C.: Jan. 26, 2023).
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Better communicate with applicants for FAA waivers from
certain regulations.\16\
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\16\ GAO-23-105189
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Better communicate with law enforcement and coordinate
with federal partners.\17\
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\17\ GAO, Drones: Actions Needed to Better Support Remote
Identification in the National Airspace, GAO-24-106158 (Washington,
D.C.: June 6, 2024).
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Improve FAA's efforts related to counter-drone
technologies at airports.\18\
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\18\ GAO, Aviation Safety: Federal Efforts to Address Unauthorized
Drone Flights Near Airports, GAO-24-107195 (Washington, D.C.: Mar. 18,
2024).
Related to commercial space, we have open recommendations related
to providing Congress with information on the range of options to
support space transportation infrastructure and the mishap
investigation process. These recommendations, if implemented, would
better position the federal government and Congress to make well-
informed commercial space investment decisions and to protect public
safety.\19\
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\19\ GAO, Commercial Space Transportation: FAA Should Examine a
Range of Options to Support U.S. Launch Infrastructure, GAO-21-154
(Washington, D.C.: Dec. 22, 2020); and GAO, Commercial Space
Transportation: FAA Should Improve Its Mishap Investigation Process,
GAO-24-105561 (Washington, D.C.: Dec. 7, 2023).
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These recommendations collectively are intended to help FAA
integrate these new operations while ensuring safety and efficiency.
FAA concurred with most of our recommendations related to new entrants
and has various actions underway to implement them. In response to a
provision in the Act, we have initiated studies on drone detect and
avoid technology and electric propulsion aircraft operations.
Implementation of GAO Recommendations
The Act contains provisions directing FAA to implement our
recommendations from several recently issued reports. In particular:
The Act directs FAA to establish a mechanism by January
2026 to make helicopter noise complaint data accessible to FAA,
helicopter operators, and the public on an FAA website, based on a
recommendation we made in 2021.\20\
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\20\ GAO, Aircraft Noise: Better Information Sharing Could Improve
Responses to Washington, D.C. Area Helicopter Noise Concerns, GAO-21-
200 (Washington, D.C.: Jan. 7, 2021).
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The Act also directs FAA to implement our 2021
recommendations to improve FAA's outreach to local communities impacted
by aircraft noise. For example, we recommended that FAA identify
supplemental metrics on the effects of noise on these communities.\21\
---------------------------------------------------------------------------
\21\ GAO, Aircraft Noise: FAA Could Improve Outreach Through
Enhanced Noise Metrics, Communication, and Support to Communities, GAO-
21-103933 (Washington, D.C.: Sept. 28, 2021).
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The Act directs FAA to implement our recommendations
related to its strategy for drone integration, mentioned earlier.\22\
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\22\ GAO-23-105189
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The Act directs FAA to implement our 2020 recommendations
related to better preventing, detecting, and responding to fraud and
abuse risks in aircraft registration.\23\
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\23\ GAO, Aviation: FAA Needs to Better Prevent, Detect, and
Respond to Fraud and Abuse Risks in Aircraft Registration, GAO-20-164
(Washington, D.C.: Mar. 25, 2020).
We urge FAA to implement these and other open GAO recommendations,
including those I highlighted earlier. In total, we currently have 50
open recommendations to FAA from reports that we have issued since
fiscal year 2020. Implementing these recommendations will better
position FAA to address the widespread challenges it faces in
modernizing the NAS, and to fulfill its commitment to ensuring that the
United States has the safest, most efficient airspace system in the
world.
We look forward to continuing to work with this Committee to ensure
implementation of the important provisions in the Act and to provide
support through the work we have underway in response to the Act.
Chairman Graves, Ranking Member Larsen, and Members of the
Committee, this concludes my prepared statement. I would be pleased to
respond to any questions that you may have at this time.
Mr. Graves. That concludes the testimony from our
witnesses, and I will now open it for questions.
And Mr. Collins touched on this, but my question is
actually for Mr. McIntosh. One of the key organizational
reforms that we put in the FAA reauthorization was the
termination of the Office of NextGen, which I think was a
perfect example of just how messed up bureaucracy can be when
it comes to implementing law, period.
But the NextGen program, it has been plagued by delays, and
it failed to achieve its goal of increasing efficiency,
increasing capacity and flexibility in our national airspace.
So, my question is, there are obviously several provisions that
the FAA is supposed to achieve that the Office of NextGen never
did achieve in terms of modernization. So, what specific steps
is FAA taking to learn from those shortcomings from the Office
of NextGen and to ensure effective implementation of critical
airspace modernization efforts?
Mr. McIntosh. Thank you for the question, sir. For the Air
Traffic Organization, what we are ensuring is what we are
responsible for as far as the implementation of a lot of the
NextGen items are being completed, some of those NextGen items
being DataComm, which is now fully--is in all of our
continental en route centers and are close to being IOC,
meaning operational. We are expecting those to be operational
this year.
We are seeing the rollout of our Terminal Flight Data
Management systems throughout the program, as well as a number
of our PBN procedures. We are working very closely with our
stakeholders to make sure that they equip correctly so we can
take advantage of a lot of these NextGen technologies.
Another important piece, in my opinion, sir, is standing up
the AMO office, which is the Airspace Modernization Office. And
I do know that my senior leadership is taking that, and I am
expecting for that office to be stood up relatively quickly. I
know that we are within timelines of getting that done, and
when that is getting done, I look forward to partnering with
the new AMO and ensuring that those NextGen technologies are
fully executed.
Mr. Graves. Okay, next question for Ms. Baker.
I mentioned and I touched on the GA title, which--again, I
am very, very proud of that. But my question is, can you
highlight some of the key provisions that the FAA has already
implemented, and going through that process and their
importance to general aviation?
Ms. Baker. Absolutely. And my son is actually an aspiring
pilot, so, we are getting ready to go through the GA segment,
as well. So, he starts school in the fall. We are very excited.
Some of the things that we immediately implemented were
around expansion of BasicMed, which is a medical certification,
risk-appropriate medical certification for low-risk general
aviation operations. Also, enabling BasicMed for those doing
checks and those types of operations, as well. We have
instituted our medical bill of rights, which informs aspiring
pilots and pilots applying for Airman Medical on their rights
for interaction with aviation medical examiners.
We removed the requirement to have an expiration date on
your flight instructor certificate because that appeared to be
unnecessary bureaucracy. We recently published guidance on all
makes and models for those operating experimental aircraft. We
have gotten the registration down for an aircraft registration
down to 10 days, so you get your aircraft registration quickly,
as well as we are working to enable use of an electronic
registration in that period of time that you may not be
actually holding the physical registration.
Additionally, we are making changes around designated pilot
examiners. We have set up our national Office for Designated
Pilot Examiners, and we have already implemented a way for
individuals getting checks from DPEs to provide FAA input on
the performance using the FAA hotline. We are looking to
improve the electronic interaction with DPEs, so we are working
to implement those provisions where you can see online a DPE
schedule to make that more efficient, and similar to how we run
the rest of our life.
Mr. Graves. That's fantastic, actually. All of these things
are important to me, every single one of them and more, so I
look forward to everything being implemented that was in the GA
title.
So, Rick?
Mr. Larsen of Washington. Thank you, Mr. Chair.
Ms. Baker, I want to start with, if you could, provide a
brief update on the FAA's oversight of the Boeing action plan,
the safety and quality plan. Where does FAA assess Boeing is in
that process?
Ms. Baker. Thank you for the question.
So, the FAA increased its oversight of Boeing after the
door plug accident of January 2024. We have continued that
enhanced oversight. We are still in the factory day by day. We
are working closely with the actual mechanics and the factory
as Boeing executes its plan.
They are making progress against their safety and quality
plan. I have been in the factory twice over the past year, and
I have seen changes that they have made to employee training. I
have seen changes how they are implementing their SMS. So they
are proceeding with the execution of their safety and quality
plan, and we continue to be there daily as they continue to
execute.
Mr. Larsen of Washington. And do you anticipate FAA being
in the plant for quite some time still?
Ms. Baker. I think because the plan includes not just
observations from our special audit and their own special
audit, but there are also cultural pieces that came up out of
the section 103 expert panel review, I anticipate safety
culture activities will continue for some time.
Mr. Larsen of Washington. Thanks.
Mr. McIntosh, it is my understanding the FAA is continuing
its review of airport hotspots after the tragic DCA mid-air
collision. What are the latest findings of this review?
Mr. McIntosh. In regards to airport----
Mr. Larsen of Washington [interrupting]. This would be the
airplane and helicopter interaction at other airports.
Mr. McIntosh. There is a mixed traffic study, I believe, is
what you are referring to, sir.
Mr. Larsen of Washington. Sure.
Mr. McIntosh. So, that was direct action that we took from
DCA is what lessons learned can we take and apply them to other
airports that have similar traffic patterns between mixed
traffic, meaning helicopters and fixed-wing aircraft. And we
have identified 10 facilities that had charted helicopter
routes near airports, and we have been reviewing those cities
to make sure that those charted helicopter routes have lateral
confines and vertical confines to ensure that aircraft are
safely separated between that mixed environment.
And we are seeing corrective action plans take place
already, sir. We have identified Las Vegas as having some
charted helicopter routes that were fairly close to Las Vegas
International Airport. We took corrective actions, and we have
established lateral confines and vertical confines to ensure
that those helicopter routes are safe from arriving and
departing aircraft out of Las Vegas.
As well as working with our labor partners to ensure that
our training is adequate for a lot of these--for when we see
these mixed traffic patterns, mainly the exchange of traffic
advisories, making sure that helicopters know exactly what the
aircraft pattern altitudes were, making sure they were clear of
traffic.
These corrective action plans are part of our SMS process,
part of our QA/QC process, quality assurance/quality control.
And if we see any safety drift there from our data points, we
want to make sure that we mitigate it proactively versus
reactionary. So, we are learning from that event, and we are
applying those lessons learned to these 10 other airports that
I am speaking to.
Mr. Larsen of Washington. Yes, thanks.
Mr. Collins, did you do any assessment or have you been
asked to yet do an assessment about the loss of Federal
employees at the FAA as it relates to activities related to
certification of airplanes, of airplane components?
One of the complaints we heard and tried to incorporate
into the 2024 bill was to ensure the FAA had the people to
complete certification of parts and components, and so, I am
wondering if you have done any assessment or have been asked to
do any assessment about the relationship between the loss of
employees and certification efforts.
Mr. Collins. To date, we have not received a request to do
that work, but we would be happy to chat with your staff about
that.
Mr. Larsen of Washington. Thank you very much. I appreciate
that.
Let's see, I had a set of questions here.
Mr. Heibeck, one of the things we have been tracking is--is
it Heibeck? Is that right? Yes, Heibeck--we have been tracking
is grants that have been awarded, signed, and obligated; grants
have been awarded, not signed, and frozen, and so on. With
regards to either AIP grants or ATP grants--Airport Terminal
Program grants, I guess it's called, I forget the name--that
came out of the IIJA, do you have any direction? Can you give
us any guidance about any grants that are being frozen, or you
are not yet getting guidance about releasing moneys at all?
Mr. Heibeck. Thank you for the question, Congressman. And
no, we are moving forward with issuing all types of grants. Let
me handle the Airport Improvement Program first.
Mr. Larsen of Washington. Yes.
Mr. Heibeck. We thank Congress for the $4 billion, which is
a significant increase in the AIP. That took a little time to
get the apportionment out. We cannot start moving those grants
until we have an apportionment. We should start seeing those
grants going out to airports shortly.
We recently announced $790 million of IIJA funding, or
Infrastructure Investment and Jobs Act funding, that is moving
out.
And on the Airport Terminal Program grants, as airports are
ready to move forward, we like to have all their documents in,
including bids, as they are ready to move forward. We are doing
one last review of those and moving those forward, as well. We
have had about 40 of those moving forward right now.
Mr. Larsen of Washington. About 40?
Mr. Heibeck. Yes.
Mr. Larsen of Washington. Yes, thank you.
Thank you, Mr. Chair.
Mr. Nehls [presiding]. The gentleman yields. I now
recognize Mr. Webster, 5 minutes.
Mr. Webster of Florida. Thank you, Mr. Chair.
Mr. Heibeck, what actions does the FAA plan to take in the
next 6 months to accelerate airport development?
Mr. Heibeck. I am sorry, I didn't catch the last part of
that.
Mr. Webster of Florida. Okay. What plans does the FAA have
to accelerate development for airport development?
Mr. Heibeck. Okay. So I think that question probably gets
at the heart of the prerequisite requirements that go into
development, specifically environmental reviews, and we have
taken several actions, or are taking several actions to try and
accelerate environmental reviews.
We have proposed new categorical exclusions to the Council
on Environmental Quality. We are also reviewing other agencies
in categorical exclusions to determine if there are categorical
exclusions from other agencies that we can apply. And I
probably should have started with we have provided guidance to
the field, to our field offices regarding the presumed
categorical exclusions for environmental review that was in the
reauthorization bill. And we presume a categorical exclusion if
there is limited Federal funding or under $6 million.
Mr. Webster of Florida. Okay. Well, that kind of answers my
next question, which was: Are you going to evaluate
improvements to NEPA for the process being used on airport
development?
Mr. Heibeck. Yes, absolutely. Our--sorry, getting some
feedback--our Office of Environment and Energy is right now
reviewing and updating our NEPA implementing policies and
procedures, order 1050. As part of that review, they will be
looking at further streamlining our environmental processes
consistent with the Council on Environmental Quality memo
February of 2025.
Mr. Webster of Florida. Mr. McIntosh, I appreciate
Secretary Duffy's commitment to cleaning up the backlog of more
than 3,200 projects that were left over from the Biden
administration by reversing burdensome regulatory requirements
that delayed critical infrastructure investments.
Tampa International Airport is working with the FAA on
securing funds for a much needed new air traffic control tower.
However, conversations regarding this funding have stalled. Are
you able to provide an update on this project, when Tampa
International will receive that funding?
Mr. McIntosh. For an air traffic control tower replacement,
sir?
Mr. Webster of Florida. Yes.
Mr. McIntosh. So there are 350 FAA-owned, maintained
towers, some as old as 60 years old. And we do have a process
of prioritizing which air traffic controllers are replaced.
It is all part of a formula. The formula takes account age
of a facility; tower line of sight, meaning what is the ability
of an air traffic controller to look out the windows, ensure
that they can see all of the surface environment to include the
runways, the taxiways, around some of the gates, things along
that nature; as well as what we call the actual facility
condition, right? How old is it? Is it in dilapidated states?
Things along that line, as well as the overall operations. We
base that score to develop a prioritized list, and that
prioritized list is then acted upon.
But it takes time. We currently have 11 facilities that are
pending replacement, and we are averaging about 1 tower per
year. That is how long it takes. I am not--what I would like to
do is--if it is all right, we can develop that list and then
bring it to you and see exactly where your tower is on that
list, sir.
Mr. Webster of Florida. That would be very good, because if
we are in negotiations, it has got to be closer to the top than
the bottom, 11 years from now. You do it--you might negotiate
some other way [inaudible]. So, I would say it is near the top.
Mr. McIntosh. If there are 350 towers that need to be
replaced, we've got to stick to the process and see where it
is. I can't tell you if it is near the top based on it being 10
or 11 years, as we are only placing one per year. What I would
like to do is get that list and circle up with you and your
staff, and we can tell you exactly where it is on that list.
Mr. Webster of Florida. Okay. Thank you very much.
I yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms. Norton
for 5 minutes.
Ms. Norton. Thank you, Chair Graves and Ranking Member
Larsen, for holding this important hearing.
The tragic collision near DCA earlier this year and several
recent near-misses at and near airports across the country
demonstrate that swiftly implementing the safety and workforce
provisions of the FAA Reauthorization Act of 2024 must be a top
priority. However, there are actions the FAA can take beyond
these provisions to improve aviation safety, including
prohibiting nonessential helicopter flights in congested
airspaces.
Ms. Baker, why has the FAA not prohibited military
helicopters from transporting officials in nonemergency
situations near DCA?
Ms. Baker. I am actually going to defer that question to
Mr. McIntosh.
Mr. McIntosh. Thank you for the question, ma'am. That is
part of the discussion right now, is reviewing exactly that and
seeing the necessity, and having conversations with DoD and
talking about possible restrictions. Everything is on the table
right now in our review to make sure that we keep a safe
environment for the vicinity around DCA.
Ms. Norton. Very important.
I was pleased the Acting FAA Administrator announced at a
Senate hearing in March that the FAA is now requiring ADS-B
transponders turned on for helicopter flights in the DCA class
B airspace, but there has been no update to the FAA's website
where ADS-B Out requirements are listed. Ms. Baker, can you
confirm that all military and other Federal helicopters flying
in DCA class B airspace have these transponders turned on?
Ms. Baker. Again, I am going to ask Mr. McIntosh to answer
that question.
Mr. McIntosh. Thank you for that, ma'am. So you are
correct. At the last Senate hearing, Acting Administrator
Rocheleau did require that ADS-B Out be required for the
military aircraft.
What came into question was the amount of waivers that were
put in place to allow these aircraft to operate. The day of
that hearing, we did go and review all the authorization and
all those waivers, and the only waivers that are now
permissible for an ADS-B Out off waiver are for aircraft doing
active law enforcement, active national security, and VIP
movement. Those are the only ones right now that are currently
allowed. Any authorization that we had before is heavily
scrutinized to ensure that that mandate is realized.
Ms. Norton. Thank you.
As cochair of the Quiet Skies Caucus and the Member who
represents the District of Columbia, which is plagued by
airplane and helicopter noise, I am pleased we were able to get
provisions to combat aviation noise included in the FAA
Reauthorization Act of 2024. Under this law, the FAA is
required to do more to combat aviation noise and engage with
the public on aviation noise.
Mr. Heibeck, what is the status of the implementation of
the aviation noise provisions in the 2024 reauthorization law,
especially the status of the Aircraft Noise Advisory Committee?
Mr. Heibeck. Yes, thank you for the question,
Congresswoman.
Actually, the provision in the Reauthorization Act closely
aligns with the robust community engagement program that is
headed by our Office of National Engagement and Regional
Administration. We have a regional administrator in the eastern
region who is heavily engaged with the DCA noise roundtables
here to address those issues.
I know that they are reporting information twice a year
right now on the website regarding the noise complaints. Beyond
that, I would have to connect you or someone from your staff
with the Office of National Engagement and Regional
Administration.
Ms. Norton. Thank you, and I yield back.
Mr. Nehls. The gentlelady yields. I now recognize Mr.
Crawford for 5 minutes.
Mr. Crawford. Thank you, Mr. Chairman. I want to talk about
everybody's favorite topic: human resources.
As you are aware, our air traffic control centers have
dealt with ongoing staffing shortages and retention challenges
over the last decade. Mr. McIntosh, you know that very well.
The FAA Reauthorization Act of 2024 helped by attempting to
maximize the hiring of air traffic controllers, but I believe
there is more that can be done to address that issue. Limited
access to training programs and a lack of early career exposure
are significant barriers to building a sustainable air traffic
controller workforce.
What FAA policies and initiatives are either in place or
could be created to expand training opportunities through
universities, community colleges, technical schools, and even
in high schools or vocational schools to address that issue?
Mr. McIntosh. Thank you for the question, sir. And first I
want to thank everyone for the reauthorization bill, because it
has allowed us to do maximum hiring.
Controller shortages--and I have a feeling I am going to be
talking a lot about this today, but as a former controller and
as a manager in an en route center and in my current position,
staffing is really where it starts and ends as far as fixing a
lot of our woes in the agency. Enough controllers to do the job
is where it starts, and that is where we want to make sure that
we keep the momentum that we have.
Under Secretary Duffy's leadership, as well as the
Administrator, they have done a lot to incentivize the
recruitment of controllers that you spoke to. We have
supercharged hiring right now, which is shaving months off of
the application process to get the best and the brightest into
our FAA Academy.
We are also offering a 30-percent increase in salary for
those academy candidates to make the job more appealing.
We are also providing incentives to facilities that are
hard to staff, as well as incentives to keep controllers on
board for longer, meaning the ones that are eligible to retire,
we are offering them an additional 20 percent to stay on as we
onboard the maximum hiring and to hire and train more
controllers.
The CTI program, the Collegiate Training Initiative that we
have in place, is something or another avenue that we are doing
currently. The CTI program is great because it helps not just
with our staffing shortages in our FAA facilities, but also at
our Federal contract towers. Our Federal contract towers are
now going to have that pipeline available to them.
But just recently, we did the Enhanced Collegiate Training
Initiative. What that allows is for universities that qualify--
and the qualification is if they can provide the same academia
that the academy does over at Oklahoma City with the
appropriate simulation training--those universities are
accredited by the FAA, or basically say they pass the standards
and they are validated, that they meet the same standards that
a student who passed the academy gets, provided that those
individuals that pass that Enhanced CTI and they pass the Air
Traffic Skills Assessment and, of course, get through the
medical and the security requirements that are required for all
of our employees, instead of having to go to the academy, they
go straight to an FAA field facility, which is going to enhance
the pool.
Right now, we have 30. We have 5 schools that have been
accepted for the Enhanced CTI, and we have 30 additional
schools that are showing interest. We have just started this
program, and we are expecting to see our first graduation of
these candidates come out this spring. And I believe there were
40. That doesn't sound like a lot, but as this starts to turn
over and we get more applicants, we could start talking about
another 200 or 300 applicants that will be available for air
traffic. And these are the things that we need to start
leveraging to make sure we put the maximum amount of people
into our field facilities so they become future air traffic
controllers.
Mr. Crawford. Let me ask you this. The military has a
talent pipeline in the service academies and ROTC. What you are
describing sounds an awful lot like it could be called, for
lack of a better term, an air traffic controller corps. Is that
something that you think has legs? I mean, identifying those
young people as far back as high school, and putting them in
that talent pipeline, and getting them ready to serve?
Mr. McIntosh. I definitely believe that is an option that
we can take a look at.
I will be honest with you, I wasn't even interested in--or
I didn't really know what an air traffic controller did in high
school, nor did I in college. I actually learned about air
traffic going into the military. I was in the U.S. Air Force.
That is where I learned how to be an air traffic controller.
Mr. Crawford. Historically, that is where you go.
Mr. McIntosh. That is correct. So, I do think that if there
is a way that we can get more advertisement on what a great job
and what a rewarding job an air traffic controller is and get
people interested, I absolutely think that would be an option
for us. Yes, sir.
Mr. Crawford. Excellent, excellent. I appreciate that.
I am going to yield.
Mr. Nehls. The gentleman yields. I now recognize Mr. Nadler
for 5 minutes.
Mr. Nadler. Thank you, Mr. Chairman. Mr. Chairman, I think
we can all agree that the situation at Newark Liberty
International Airport is unacceptable. When radar screens go
dark and controllers lose contact with planes, passenger safety
is jeopardized and confidence in the FAA collapses.
We also learned yesterday that a critical hotline between
military and civilian controllers at Reagan National Airport
had not been functioning for over 3 years, contributing to
serious near-misses.
Mr. McIntosh, what immediate steps is the FAA taking to fix
the technology and data transmission failures disrupting
operations in the Newark airspace, and how and when will these
plans be communicated to stakeholders?
Mr. McIntosh. Thank you.
In regards to Newark specifically, we are aware of how
problematic the recent disruptions at the Philadelphia TRACON
have been, and we have been actively working on stabilizing
those operations. In fact, we have stabilized those operations.
And the issues are a result of intermittent system outages that
occurred with a telecom provider that was providing data in
link to the facility. We have worked directly with that vendor,
and we had a team of engineers at Philadelphia the very same
week that that occurred. They identified and investigated what
the outage was and provided the necessary mitigation to ensure
that we have that system stability.
Secretary Duffy also visited the facility that same week. I
actually was there. I had the pleasure of touring the facility
along with him. And from that meeting, he took direct action.
One of those actions is ensuring that we get a third line of
redundancy from a telco provider to ensure that we have one
more line of stability in case the first two go down, as well
as hardening the system with a dedicated STARS line.
And then, of course, it also speaks to the larger
infrastructure issue the FAA is having, which is looking at
what our current telco requirements are, ensuring that we have
better accessibility to fiber, getting out of this current
copper connection thing that we have had for the last 40 to 50
years, and putting us on updated systems to make sure that our
infrastructure is better suited to meet the NAS not just of
today, but of the future.
In regards to DCA, the issue that we had with a DoD
helicopter, we had a DoD helicopter come in for a landing. And
the aircraft, for some reason, aborted that landing. I am not
entirely sure what happened. As that aircraft departed the
Pentagon without the necessary approach clearance from DCA, a
call via that hotline did not occur.
Now, I know that we call that a hotline. What it is
actually--it is probably better suited to say it is a switch or
a button on a tablet that is in front of a controller where
they just basically key up and it goes straight to DCA, and
they can hear them either in the ear or a loudspeaker to say, I
have got an aircraft on the go. That allows for immediate
notification to the controllers at DCA to give a go-around to
the necessary aircraft.
I want to say that the DCA controllers were fantastic in
this event, because they had situational awareness of what was
going on and gave those immediate go-arounds. But the issue
really is making sure that that hotline is fixed, as well as
ensuring that the helicopter pilot understands that they cannot
enter Class Bravo airspace without the necessary coordination
and approval of ATC. That did not occur that night, and we are
working with the DoD right now to make sure that those problems
are remedied. DoD is actually at FAA headquarters, I believe,
today to work through that and make sure that we have a better
pathway forward to ensure safety around DCA.
Mr. Nadler. Thank you.
Ms. Baker, section 363 of the FAA reauthorization requires
substantial reforms to improve the safety of commercial air
tours. Last month, we witnessed the latest preventable tragedy
when a sightseeing helicopter crashed into the Hudson River,
killing six people. In response, I introduced the bipartisan
Improving Helicopter Safety Act to ban nonessential helicopter
flights within a 20-mile radius of the Statue of Liberty. This
is legislation I have been introducing for many years.
While the Reauthorization Act provides a multiyear window
for formal rulemaking, the public cannot wait years for relief
from the risks posed by these flights. In addition to grounding
the company involved in the crash last month, what immediate
steps is the FAA taking to protect public safety and mitigate
the danger of nonessential air tour helicopters while the full
implementation of section 363 proceeds?
And how will the FAA ensure that these long-overdue safety
improvements are expedited to prevent further loss of life?
Ms. Baker. Absolutely. Thanks for the question.
The accident in New York was tragic, and the videos of the
accident are haunting. As you mentioned, the FAA immediately
grounded the carrier, the operator of those air tours, and has
done their own internal investigation into the performance of
the operator. Additionally, the NTSB continues to investigate
that particular accident.
What we are doing is we have gone through our evaluation of
air tour operations. We have done additional surveillance where
needed. Additionally, air tour operators are required to
implement safety management systems and the advantage of safety
management systems that allows for an air carrier--or an air
tour operator, in this case--to immediately identify and
mitigate risk far before the timeline of any rulemaking.
Mr. Nadler. What will it take for the FAA to ban
nonessential flights around Manhattan, where there is no air
traffic control, only visual control?
Ms. Baker. I think that is----
Mr. Nadler [interrupting]. How many more accidents?
Ms. Baker. I understand your concern.
Mr. Nadler. I asked a question.
Ms. Baker. I understand your concern, and it is something
we can talk about internal to the agency.
Mr. Nadler. Thank you, I yield back.
Mr. Nehls. The gentleman yields. I will now recognize
myself for 5 minutes. Ms. Baker, the entire group, thank you
for being here.
Section 310. Initially you talked a little bit about
registration, and you are catching up on the backlog there. I
want to talk a little bit about certification. Section 310 of
the 2024 FAA reauthorization bill instructs the FAA to
modernize the certification process, which will take years and
cost tens of millions of dollars. I have been briefed by
several stakeholders that the current system is not performing
very well, and too many companies are delayed with their
projects, and much of the work is administrative. We must
ensure that a modern, streamlined type certification system
will bring new aircraft to customers more quickly, which will
reduce the regulatory burden on manufacturers while bringing
safety improvements to market faster.
This is section 310, I am referencing 310 in our FAA
reauthorization, and I would like you to provide me an update.
But in this it said, ``from the date of enactment,'' so this
should have been done in November of 2024, that you had 180
days to conduct a review and study to find an independent,
nonprofit organization to look at type certification processes.
Was that done in November 2024?
Ms. Baker. We were a little late getting that done, but we
did award a contract in January of 2025.
Mr. Nehls. Okay. I would like to see it.
Then it also states in section 310 that no later than 18
months that this--you have 18 months, once the review and study
has been done, you report back to Congress. So, that is due
then in November of 2025. Do you think you will be able to meet
that?
Ms. Baker. Our intent is always to meet the timelines
within----
Mr. Nehls [interrupting]. Well----
Ms. Baker [continuing]. The legislation.
Mr. Nehls [continuing]. But you are a little late. I would
like to see this. I am paying very close attention to this.
This is ridiculous. We must get it done.
Ms. Baker. We will be happy to follow up.
Mr. Nehls. Supersonic aviation. January 2021, the FAA
issued a final rule which generally upholds a prohibition--you
can't--it is prohibiting civil supersonic flight over land in
the United States. This took place back--it is a 1973 rule,
1973, which restricts civil aircraft from operating at speeds
above Mach 1 over land in the United States unless a special
flight authorization is received. At the time, the regulation
was about protecting the public from disruptive sonic booms.
Decades later, an unintended consequence of this uniform ban
has stifled American innovation and aviation, and puts our
country at a distinct disadvantage with our adversaries like
China which are significantly developing in this space.
With that being said, it is evident that several U.S.
aerospace companies have proven that they can safely fly above
Mach 1 and not produce audible sonic booms that are heard at
ground level. This is an example here. We have got Boom
Supersonic. Have you ever heard of them?
Ms. Baker. Yes.
Mr. Nehls. Amazing, what they are doing. I mean, they have
got this aircraft, Boom's demonstrator aircraft, the XB-1. It
broke the sound barrier three times back in January of this
year. They did it. They have been testing this thing. Broke the
sound barrier three times without generating a sonic boom that
reached the ground, demonstrating that quiet, supersonic travel
is possible. I know some of the big commercial airliners--I
think United has ordered some of these. They can get this done,
but we got a problem with the FAA and the rulemaking, and it
must change.
So that is section 1110. That was in the FAA
reauthorization. And that, it said, Section 1110, Advancing
Global Leadership on Civil Supersonic Aircraft. And all we were
asking for in that FAA initial progress report no later than 1
year after the date of enactment, which is tomorrow. Where are
we at with that report on supersonic? Because I haven't seen
anything. Has anybody else seen anything on that?
Ms. Baker. So the report--we have done some work around
supersonic. One is around the idea of quiet booms. We are
wrapping that up, as well as entering into an agreement with
NASA to collaborate on what would be required to get sonic and
hypersonic aircraft into the system.
Mr. Nehls. Okay. But we said a year, and that is tomorrow.
So can you tell me? Don't keep it secret. Let us know,
because----
Ms. Baker [interrupting]. We will be happy to follow up.
Mr. Nehls. We are--yes, we need to follow up. We need to
follow up. It is very, very important.
I filed a bill. I filed a bill. I introduced it yesterday,
the Supersonic Aviation Modernization Act of 2025, with my
colleague on the other side, Sharice Davids, and she is here.
Thank you for cosponsoring.
My bill would require the FAA administration to issue
regulations permitting supersonic flight, provided that no
sonic boom reaches the ground. We have got a company that
demonstrated it, Boom Supersonic. I firmly believe that if we
implement a noise-based approach for supersonic, it will align
with the original intent protecting the public from noise
disturbance while enabling a framework for innovation. U.S.
manufacturers will be allowed to develop and test new
supersonic aircraft, fostering a competitive market at a time
when maintaining U.S. leadership in next-generation aerospace
technology is critical.
So will you help me? Can I have a commitment from----
Ms. Baker [interrupting]. It is exciting technology.
Mr. Nehls. Very good. I yield. I now recognize Mr. Cohen
for 5 minutes.
Mr. Cohen. Thank you, sir. We passed a great bill last
year. Everybody agreed on it. Great leadership. Got it done.
But implementation is what is important. And right now, the FAA
is clearly not tracking what they were intended to do and what
we expected to do as far as implementing the FAA bill.
I am disappointed today that the FAA Administrator is not
here with us, Mr. Rocheleau. Secretary Duffy is not here,
either. I would hope they would come at their earliest possible
convenience, but they should be here today to tell us about how
they are implementing this law. And it is an important law for
America and for American safety.
We have talked some about the helicopter/plane crash. Mr.
McIntosh, you gave some situations where you said they are
still going to have access to that corridor, and you said for
VIPs, is that correct?
Mr. McIntosh. For that corridor for VIPs. However, we still
restrict mixed traffic and helicopters to be in that corridor
at the same time.
Mr. Cohen. What do you mean, mixed traffic with
helicopters?
Mr. McIntosh. So we do not--if they are in the corridor--if
the helicopter is going through the corridor, then we hold
aircraft out. If aircraft are going through the corridor, we
hold the helicopter out. We do not allow both those aircraft in
the corridor at the same time.
Mr. Cohen. You say you have got an exception for VIPs?
Mr. McIntosh. The VIP does not have to turn an ADS-B Out on
for tracking purposes.
Mr. Cohen. And who are VIPs?
Mr. McIntosh. VIP is for Presidential movement.
Mr. Cohen. Don't you think they should be better protected
than less protected, and not be in the corridor that has been
this corridor that had 70-some-odd deaths or 60-some-odd deaths
occur because of the failure of the DoD to keep their training
helicopters out of that corridor, where there were takeoffs and
landings? That is what caused the crash. The DoD had a training
flight in that corridor when they could have done it after
midnight. Shouldn't we immediately stop DoD from putting any
flights in that corridor to protect lives of American citizens?
Mr. McIntosh. Sir, I can't comment on an NTSB
investigation, but what I can say is that we keep that corridor
safe by ensuring that we do not have mixed traffic in there,
and it is rare exceptions when they are allowed to be.
Mr. Cohen. Were they allowed to be on the date of the
crash?
Mr. McIntosh. We didn't have exceptions to the rule the day
of the crash, sir.
Mr. Cohen. That needs to be straightened out. I mean, lives
are at stake, and we have lost lives already. I would suggest
you just get it done and eliminate the flights, but that is
another issue.
Newark Airport. Mr. McIntosh, were there losses of
communication, dead spots, during the previous administration,
or is this something that just happened in the last few weeks?
Mr. McIntosh. In November, there was a loss of
communications, and there was a momentary loss of surveillance.
Yes, sir.
Mr. Cohen. Was that in Newark?
Mr. McIntosh. It was in the Philadelphia Area----
Mr. Cohen [interposing]. Right.
Mr. McIntosh [continuing]. C TRACON that handles the
approach control services into Newark Airport.
Mr. Cohen. Why was that shifted from New York to Newark? I
mean, New York didn't have a problem. And didn't Newark used to
be controlled by the New York folk?
Mr. McIntosh. Actually, sir, the night of the November
incident, there were issues at N90, which is the TRACON and New
York Center. It was a major telecom issue.
Mr. Cohen. Okay. I would note--and I am not saying there is
necessarily correlation--all the troubles began after Air Force
One landed at--to take President Trump to Bedminster after it
landed in Newark on that Friday evening on its way back from
Rome. That is when the trouble started. I am not saying there
is a correlation, just noting it. Thank you.
Ms. Baker, I was the author of the EVAC Act, along with
Senator Duckworth. It required the FAA to ensure passengers
could evacuate an aircraft in 90 seconds. The FAA did a test
that was a joke. It was a fictionalized fantasy census of
people no older than 60 and, I think, younger than 16. And they
were all able-bodied, and they were probably Olympic sprinters.
We need to have tests that are real, with people over 60, which
is a lot of the fliers, and people under 16, and people with
pets, and people with disabilities.
EVAC law is supposed to be conducted. The tests were
supposed to be--or your study was supposed to be conducted by
May 16. Why haven't they been conducted, and when will they be
done?
Ms. Baker. We are finishing up that report associated with
that study.
Mr. Cohen. You are finishing it up? It is due tomorrow. Is
it going to be finished by--is this an all-nighter?
Ms. Baker. I am sorry, sir. Could you repeat that?
Mr. Cohen. Is this going to be an all-nighter? You are
going to take some--whatever you take and get it done?
Ms. Baker. We will do all due diligence to complete it
properly.
Mr. Cohen. We will see what happens. But can you assure me
that you are going to have real population censuses do those
tests to see if an actual type of flight can evacuate in 90
seconds?
Ms. Baker. We are definitely considering what was
determined in the legislation: passengers with disabilities,
passengers with service animals, passengers with communication
challenges. All of those are being considered in the study.
Mr. Cohen. Thank you very much, and I see my time is up,
and I yield.
Mr. Nehls. The gentleman yields. I now recognize Mr. Perry
for 5 minutes.
Mr. Perry. Thank you, Mr. Speaker--or Mr.----
Mr. Nehls [interrupting]. Thank, you. Not yet, not yet.
Mr. Perry. Mr. Chairman, thank you. Ladies and gentlemen,
thanks for being here today and answering some questions for
us, listening to our concerns.
I have been sounding the alarm for years about the failures
of the current system. It has taken collisions, literal
collisions, close calls, and other incidents to bring that all
to light, and I think we need to absolutely--I have been here
for a while, and we have been talking about it, but nothing
really changes much. And I am concerned that the current
proposal on the table will just throw a bunch of money at it,
as we usually do around here, and fail to fix the underlying
problem.
Mr. Collins, your testimony highlights the critical
concerns about ATC. In September of last year, we reported that
76 percent of the FAA's 138 air traffic control systems were
unsustainable or potentially unsustainable. And we also know
that the FAA has been very slow to modernize these systems; on
average, taking a decade to modernize them, sometimes up to 12
years to do that. The same report of 2024 found that of the 105
unsustainable or potentially unsustainable systems identified
by GAO, 58 have critical operational impacts on the safety and
efficiency of the national airspace. In response, the FAA
technician identified system obsolescence or difficulty in
finding replacement parts.
Ladies and gentleman, this is antique stuff. That is why
they can't get the replacement parts, because it is not made
anymore because it is that old.
Now, during the last reauthorization, I offered an
amendment to transfer some of the operation of ATC to a
separate, not-for-profit corporate entity. And I know some
people in the room here don't like that, and I am willing to
explore some other operations. But first of all, FAA should not
oversee itself. It is against ICAO and NTSB recommendations.
And no one is ever held accountable for these continual
failures. And a nonprofit system would get rid of all this
oppressive redtape and funding uncertainty.
Look, like I said, you might not like that idea, but it
absolutely must be addressed, and we've got to find a different
model. We can't continue with the model that delivers obsolete
equipment that's already 10 years late. I mean, that just
doesn't work.
I would like to submit, Mr. Chairman, for the record, the
May 9, 2025, Wall Street Journal op-ed entitled, ``Time Is
Running Out for the U.S. Air-Traffic Control System'' by Robert
Poole, requesting a change to the business model.
Mr. Nehls. Without objection.
[The information follows:]
Op-ed entitled, ``Time Is Running Out for the U.S. Air-Traffic Control
System,'' by Robert Poole, Wall Street Journal, May 9, 2025, Submitted
for the Record by Hon. Scott Perry
Time Is Running Out for the U.S. Air-Traffic Control System
Ensuring safety requires bringing both technology and the business
model into the 21st century.
by Robert Poole
Wall Street Journal, May 9, 2025
https://www.wsj.com/opinion/time-is-running-out-for-the-u-s-air-
traffic-control-system-142ef9b2
Surrounded by airline CEOs and other aviation executives,
Transportation Secretary Sean Duffy on Thursday announced his plan to
bring about a new air-traffic control system over the next three to
four years. He's asking Congress to provide billions of dollars--though
he didn't specify the total amount--to pay for it.
America's ATC system needs repairing. Most of the technology listed
in Mr. Duffy's plan should be replaced. But shoveling billions into a
failed procurement system won't fix the problem. Our ATC system lags
behind those of other countries in many respects, including in
technological advancement and productivity.
The Federal Aviation Administration's budget for facilities and
equipment--a substantial portion of which goes to air-traffic control--
has stayed roughly flat in nominal terms over the past decade, while
the operations budget has soared. The 21 high-altitude air route
traffic control centers, more than 100 approach control centers, and
many hundreds of airport control towers are antiquated, and most need
to be replaced.
But with today's digital surveillance technology, air traffic in
our skies can be managed from almost anywhere. We need perhaps three
rather than 21 high-altitude centers. One would do the trick, in fact,
but three would ensure backup options in case of failure. This large-
scale consolidation should be financed by long-term revenue bonds based
on ATC user fees, which are paid by airlines and other airspace users
to the ATC service provider. A pipe dream? Australia, Germany, South
Africa and the U.K. have all done such consolidations in recent
decades.
A single digital remote tower can manage many smaller control
towers, at lower cost and higher productivity. While these systems are
expanding throughout Europe, the FAA has resisted this breakthrough
innovation.
America's ATC system employs a significant amount of outdated
technology for which no replacement parts exist, partly because the FAA
often waits until a unit fails before trying to repair or replace it.
Well-managed, well-funded ATC systems in Australia, Canada, Germany and
the U.K. are able to plan large-scale technology replacements before
systems begin breaking down. Many ATC providers buy replacement systems
in bulk and roll them out to all facilities over a year or two. By
contrast, the FAA in some cases takes 10 to 15 years to install
replacement systems, by which time the systems may already be obsolete.
These are only a few examples of how badly funded and poorly
managed America's ATC system is. A one-time multibillion-dollar
infusion won't fix a broken procurement process. It could also
undermine the modernization effort by botching the procurement of new
systems. A much wiser policy would be to replace the business model.
The reason many other countries' ATC systems work far better than
ours is that their business models have changed, from a tax-funded
bureaucracy embedded in a transportation ministry into a public utility
funded by customer user fees. Such a model enables the board and top
management of the utility to do long-range planning and to finance both
technology upgrades and facility consolidations based on a predictable
revenue stream. This also changes airlines and airspace users from
supplicants before Congress to stakeholder customers demanding high-
caliber performance.
Several ATC public-utility models are in operation around the
world. The most common model is a government-owned public utility, as
in Australia, New Zealand, Germany and much of the rest of Europe.
America's Tennessee Valley Authority is an analogous example, funded by
customers' electric bills and financed via long-term revenue bonds.
Italy and the U.K. provide air-traffic control via public-private
partnerships--partly state-owned and partly investor-owned companies.
The highly successful Nav Canada, the world's second-largest ATC
provider in terms of annual transactions, uses a nonprofit user
cooperative model.
How out of step is the U.S.? The latest figures from the Civil Air
Navigation Services Organization find that there are four nongovernment
providers, 63 government-owned utilities and four intergovernmental ATC
utilities serving multiple countries in Africa, Central America, and
Northern Europe. Adding them all up, 98 countries today have ATC
services via user-funded public utilities.
Nearly all countries served by ATC companies have also separated
the provision of ATC services from aviation safety regulation. The
National Transportation Safety Board, as well as many former FAA and
Transportation Department officials, have called for such separation in
the U.S. This has been the policy of the International Civil Aviation
Organization since 2001, and the U.S. is one of the few outliers. An
initial reform step would be to separate our Air Traffic Organization
from the FAA, at last putting the two at arm's length.
On June 5, 2017, President Trump held an event in support of House
Transportation Committee Chairman Bill Shuster's ATC corporation bill,
which proposed a nonprofit public utility similar to Nav Canada. He
later focused on other infrastructure reforms, and that bill failed.
Today, the best champion of ATC reform is Texas Sen. Ted Cruz, chairman
of the Commerce Committee.
During the first Trump term, many airline executives supported this
kind of reform; today, they seem to favor a one-time infusion of tax
money. But the ATC system's dire shape is far more visible today than
it was in 2017. It took a tragic midair collision between two airliners
over the Grand Canyon in 1956 to bring about nationwide radar
surveillance of air traffic. Let's hope that only one 2025 midair
collision suffices to bring about meaningful ATC reform.
Mr. Perry. Thank you, Mr. Chairman.
Another recommendation by Mr. Poole is for the FAA to
embrace remote digital towers. It has become the norm abroad,
and it maximizes the productivity of air traffic controllers in
the system. It was invented and first tested by the FAA in
2007. Unfortunately, the FAA just ignored it while other
countries have capitalized on our findings, providing
significant technological advances for controllers, but it also
allows for facility consolidation and improvements, which saves
money.
Mr. McIntosh, how many controllers does the FAA expect to
retire in the next 5 years, and how is that going to help
staffing shortfall among controllers?
Mr. McIntosh. I don't have the exact number of how many
retirees we are forecasting this year or for the next 2 years.
I can definitely get--and circle back with you with----
Mr. Perry [interposing]. Okay.
Mr. McIntosh [continuing]. That number. But I can tell you
that right now, we have over 3,100 trainees in the pipeline. We
are going to hire 2,000 candidates this year with----
Mr. Perry [interrupting]. I know, I have heard that, and
that is great. But right now----
Mr. McIntosh [interrupting]. I want to talk about the
attrition----
Mr. Perry [continuing]. We've got problems across the
whole----
Mr. McIntosh [continuing]. I think that is what you are
getting at, right?
Mr. Perry [continuing]. Enterprise. Well, the other part of
the solution to the problem is providing exemption waivers to
allow experienced controllers to stay on the job. Secretary
Duffy has included this in his plan. I offered an amendment in
the last authorization to increase the mandatory retirement
age, but unfortunately, it was rejected. And I would just like
your thoughts on that.
I mean, these are people like yourself that are
experienced, they are here now, they are able to do the job
now, but we kick them out regardless of whether they want to do
the job and can do the job, and then complain about the
shortages across the system. So, what are your feelings about
that at this moment?
Mr. McIntosh. My feeling is that right now, the age 56
requirement is congressionally mandated. And if that is
changed----
Mr. Perry [interrupting]. I know it is congressionally
mandated. I am asking for your feelings on it, based on the
shortage of controllers that we constantly complain about and
this being a viable solution. I want your opinion, not
Congress' opinion.
Mr. McIntosh. My opinion would be we should be examining
every option that we have available to us, and see what----
Mr. Perry [interrupting]. Of course we should, sir. Do you
not have an opinion that--you are brought here as a subject
matter expert. Pick a side, sir.
Mr. McIntosh. My side is that I would like to see us do
everything that is possible.
To your point, the amount of people that are going to turn
56 for the next 1 to 2 years, I would like to know what that
number is to see what kind of a difference it would make.
Mr. Perry. All right, Mr. Chairman, that is not much of an
answer, and there are a lot of people that are beyond the age
of 56 that are perfectly capable of doing jobs, and I think we
ought to consider that highly.
With that, Mr. Chairman, I yield.
Mr. Nehls. A valid point, Mr. Perry.
I now recognize Mr. Johnson for 5 minutes.
Mr. Johnson of Georgia. Thank you, Mr. Chairman, and thank
you to the witnesses for your testimony today.
When we passed the FAA Reauthorization Act last year, the
message was clear: the safety of the American people is
nonnegotiable. But here we are, just a year later, and I am
deeply disturbed by what we have seen. In a matter of months,
roughly 2,000 employees were pushed out of the FAA under co-
President Musk's ``fork in the road'' campaign, a campaign
driven by confusion, coercion, and fear through vague emails,
misleading buyout offers, and a chilling five-bullet ultimatum.
Workers were left unsure whether silence meant resignation, all
in the name of efficiency. That's like gutting your fire
department during wildfire season and calling it innovation.
Mr. McIntosh, how many air traffic controllers were driven
out by co-President Musk and DOGE?
Mr. McIntosh. I will speak to----
Mr. Johnson of Georgia [interrupting]. I am--just a
question: How many were driven out by co-President Musk and
DOGE?
Mr. McIntosh. I am going to answer the question on how many
were driven out, sir. I don't know what the second part means.
Mr. Johnson of Georgia. Well, how many were driven out?
Mr. McIntosh. Zero.
Mr. Johnson of Georgia. Zero? So these employees all
received the buyout offer, correct? The air traffic
controllers.
Mr. McIntosh. Our air traffic controllers----
Mr. Johnson of Georgia [interrupting]. They received the
buyout----
Mr. McIntosh [interrupting]. Our air traffic controllers--
--
Mr. Johnson of Georgia [continuing]. Offer, correct? Isn't
that correct?
Mr. McIntosh. No, sir, it isn't. Our critically--what we
deemed as critical----
Mr. Johnson of Georgia [interrupting]. Sir, are you here to
testify today that the air traffic controllers did not receive
the buyout offer from co-President Musk?
Mr. McIntosh. What I am going to say is that----
Mr. Johnson of Georgia [interrupting]. Is that true or is
it false?
Mr. McIntosh. I would like to answer the question, sir----
Mr. Johnson of Georgia [interrupting]. That they received--
--
Mr. McIntosh [continuing]. If that is okay.
Mr. Johnson of Georgia. Did they receive the buyout offer?
Mr. McIntosh. 2152s, which are air traffic controllers, are
exempt from----
Mr. Johnson of Georgia [interrupting]. Did they receive the
buyout offer? is my question.
Mr. McIntosh. I am not aware if they received any. You
asked me if they were driven out, and the answer----
Mr. Johnson of Georgia [interrupting]. No, I am asking you,
did they receive the buyout offer?
Mr. McIntosh. I am not aware if they received a buyout
offer----
Mr. Johnson of Georgia [interrupting]. Are you aware of it,
Ms. Baker? Did air traffic controllers receive the buyout
offer?
Ms. Baker. I am unaware of if they received----
Mr. Johnson of Georgia [interrupting]. You are unaware of
it?
Ms. Baker. No.
Mr. Johnson of Georgia. Okay. And what about the five-
bullet ultimatum email? Did they receive that, Mr. McIntosh?
Mr. McIntosh. There is--we do a ``what did we do for the
week,'' five bullets. And yes, we all do that.
Mr. Johnson of Georgia. You did receive that memo, right?
Mr. McIntosh. I did receive that memo.
Mr. Johnson of Georgia. The air traffic controllers also
did. Correct?
Mr. McIntosh. Yes, they did.
Mr. Johnson of Georgia. And that created some confusion,
some fear among an already overworked staff of air traffic
controllers, I would assume.
We are talking about people who work 10 hours a day, 6 days
a week for years at a time. Isn't that right, Mr. McIntosh?
Mr. McIntosh. Depending on which facility, that is true.
Mr. Johnson of Georgia. And if they did receive the buyout
offer, that would have incentivized them, who are already
exhausted and suffering burnout, that would have encouraged
more people to accept the offer and leave air traffic control.
Correct?
Mr. McIntosh. 2152s are exempt from that buyout, sir.
Mr. Johnson of Georgia. Okay. Well, let me ask you this.
How many air traffic controllers have left the system since
January 20th of 2025?
Mr. McIntosh. I am not aware of how many have retired since
that time.
Mr. Johnson of Georgia. No, no, but--so could it have been
100?
Mr. McIntosh. It could have been one. It could have been
1,000.
Mr. Johnson of Georgia. It could have been 5,000.
Mr. McIntosh. No.
Mr. Johnson of Georgia. Maybe 2,500?
Mr. McIntosh. No.
Mr. Johnson of Georgia. 2,000.
Mr. McIntosh. I don't believe so, sir. I track how many air
traffic controllers are----
Mr. Johnson of Georgia [interrupting]. Well, tell us how
many have left their jobs since January 20.
Mr. McIntosh. I can't tell you that exact number, sir----
Mr. Johnson of Georgia [interrupting]. You won't tell us
that.
Mr. McIntosh. I would be happy to come back to you----
Mr. Johnson of Georgia [interrupting]. I will move on.
Mr. McIntosh. Thank you.
Mr. Johnson of Georgia. Mr. Collins, Secretary Duffy
recently outlined a major plan to modernize air traffic control
systems and replace outdated FAA towers and facilities. Can you
discuss the steps that FAA is taking to make sure that these
upgrades don't cause more disruptions?
Mr. Collins. So, we currently don't have any ongoing work
related to the new plan. We would be happy to chat with your
staff about any work that you might want us to do in that area.
Mr. Johnson of Georgia. All right. Well, it looks like
there is going to be something rolled out by July of 2026,
according to testimony earlier today. I am perplexed that you
are not already getting ready for that.
Mr. Nehls. The gentleman's time has expired. I now
recognize Mr. Babin for 5 minutes.
Dr. Babin. Thank you, Mr. Chairman, I appreciate it, and
thank you to the witnesses for being here today.
Mr. McIntosh----
Mr. McIntosh [interposing]. Yes, sir.
Dr. Babin [continuing]. Section 630 of the FAA
Reauthorization Act authorized annual appropriations of $10
million to modernize air traffic control systems to better
integrate space launch and reentry operations. I continue to
hear that these programs are being deprioritized and delayed by
the FAA, despite their many benefits to airspace management.
Can you tell me what the status is of FAA programs to enable
real-time hazard area generation and dynamic airspace
management?
Mr. McIntosh. Yes, sir. I would love to, and thank you for
the question.
Dr. Babin. Yes, sir.
Mr. McIntosh. Commercial space has made significant
progress in the United States over the last few years. We are
seeing much more commercial space launches this year than we
have seen 4 or 5 years ago. As a matter of fact, it is not
uncommon for us to see two, three, four a week----
Dr. Babin [interposing]. Absolutely.
Mr. McIntosh [continuing]. With the advancements that have
been made.
And to the question that you have asked, the FAA has made a
lot of progress in respect to the tools that facilitate that
increased cadence of the space launches. And what we aim to do
is keep the flying public safe while not disrupting the
passenger flights that have to be a part of the National
Airspace System.
We have deployed successfully what we call the Space Data
Integrator, SDI. That makes for a better tool to share
telemetry data. When we have a commercial space launch, it is
very important, obviously, to see where the space launch is and
make sure we keep nonparticipating aircraft.
Real-time telemetry is important, because the better the
information, the more accurate we are with making sure that we
keep flights clear.
We also have something that we just developed called a
range risk analysis tool. That has been improved, and it
determines calculations on how large a debris response area is.
So in the case of an anomaly, we know exactly how long to clear
the airspace, how wide, and for how long. And that is very
important because as soon as the debris may come down, we can
start resuming those operations.
These improved processes, along with those enhanced tools,
will definitely lessen the negative impact of space launches
and also the impacts to commercial flight operations. And we
are on track on meeting that December 2026 deadline, sir.
Dr. Babin. I am very glad to hear that.
Mr. McIntosh. Yes, sir.
Dr. Babin. I would like to follow up and give Ms. Baker an
opportunity to provide her perspectives on this same question.
Did you hear the question, Ms. Baker?
Ms. Baker. Would you mind repeating it, please?
Dr. Babin. Sure. No, ma'am. Can you tell me what the status
is of FAA programs to enable real-time hazard area generation
and dynamic airspace management?
Ms. Baker. We rely heavily on Air Traffic and our
colleagues in AST to implement those programs. So, I have
nothing to add to what Mr. McIntosh shared.
Dr. Babin. Okay, okay. Mr. Collins, section 1003 of the FAA
Reauthorization Act of 2024 directed GAO to conduct an
assessment of how FAA allocates its RDT&E funding. And in 2018,
Congress mandated that at least 70 percent of RDT&E funds must
be directed toward safety-related initiatives. What is the
status of this report?
Mr. Collins. That report should be coming out in the next
month or so and will be made publicly available.
Dr. Babin. Do you have any preliminary results that you can
share with the committee about that?
Mr. Collins. We have provided preliminary results to the
authorizing committee staff, but aren't ready to make them
public at this time.
Dr. Babin. Oh, okay. Would your office commit to adhering
to any funding level that you come up with with us?
Mr. Collins. We would be happy----
Dr. Babin [interrupting]. Do you have a funding level?
Mr. Collins. We would be happy to work with your staff on
any additional issues that you have related to that topic.
Dr. Babin. Okay. Mr. Chairman, I think that is--I will
yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms.
Brownley for 5 minutes.
Ms. Brownley. Thank you, Mr. Chairman.
Ms. Baker, my question is to you. The 2024 reauthorization
finally provided badly needed oversight of aircraft maintenance
performed at foreign maintenance facilities, including
reporting on defects in work performed at these facilities when
aircraft are returned to be flown in this country by U.S. air
carriers. The reauthorization required FAA actions. Can you
provide an update on where FAA is with regard to implementing
these requirements?
Ms. Baker. I would love to, thank you.
So, we did finish up the rule that required drug and
alcohol testing for employees of foreign repair stations. So,
that is complete and in the process of being implemented.
The additional requirements are to require employees of
foreign repair stations to meet the equivalent of part 65,
which are the FAA certification requirements for mechanics,
particularly those who return aircraft to service or those who
supervise others who are doing the work. We are looking into
that, on how we can implement those processes.
Additionally, we have the requirement to not accept future
foreign repair stations from countries that don't meet ICAO
standards, so we are looking to implement that, as well.
And finally, we are working around the increased
inspections and unannounced inspections, what we would do
there.
It is important to note we do ongoing surveillance of
foreign repair stations. We don't want repair stations, whether
foreign or domestic, to introduce additional risk into the
system. So they are already privy to a routine surveillance
program. And as risks present, we will be sure to go in and
take a closer look.
You also asked specifically about the air carrier
reporting. We are building the data collection tools so air
carriers can report that information to us, and we can conduct
analysis on what they submit.
Ms. Brownley. And when----
Ms. Baker [interrupting]. That feeds back into the risk
model.
Ms. Brownley. Do you have a timeline for when all of this
will be complete?
Ms. Baker. I don't, but that is something we could get back
with you on.
Ms. Brownley. Okay, great. So a followup question then is,
once FAA has fully implemented these requirements, if FAA
notices that an airline--or multiple airlines, for that
matter--making use of the same facility, reporting substantial
failures affecting the safe operation of aircraft returning to
service, what steps would FAA take to remedy that problem?
And will FAA commit to using this new data to aggressively
act where these issues are found?
Ms. Baker. So absolutely, we use data to manage risk. That
is what safety management is for. If we saw trends that needed
attention, we would definitely do attention there, and exercise
our compliance and enforcement program.
We want participants in the system to comply. We want them
to not introduce risk. And our goal is to make sure that isn't
happening.
Ms. Brownley. Thank you.
Mr. Heibeck, the Inflation Reduction Act included resources
for projects relating to the production, transportation,
blending, or storage of sustainable aviation fuel. What
progress is FAA making on helping to ensure that airports are
able to deliver sustainable aviation fuel to meet the demands
that air carriers have for this fuel?
Mr. Heibeck. Yes. So I believe there have been several--I
don't have the specific numbers, but I believe there have been
several grants issued. That includes sustainable aviation fuel
storage with them, but I can circle back to you--with your
staff or you--and confirm that.
Ms. Brownley. So on these grants, do you have any idea how
much FAA has allocated and what progress has taken place?
And can we expect a full utilization of the remaining
funds?
Mr. Heibeck. I don't have that information with me. I can
circle back and provide you with that information.
Ms. Brownley. Okay. Ms. Baker or Mr. McIntosh, as FAA
considers improvements to air traffic control systems, is FAA
also looking at software that aircraft need to have on board,
such as modern technology that alerts pilots in the cockpit to
issues like lining up to land or take off from the wrong
runway?
Ms. Baker. So, yes, we are. We did task our Investigative
Technologies ARC to look at in-cockpit technologies around
runways. They did provide us a recommendation late last year--
late last summer, I believe--and we are looking to see what it
would take to implement that.
Ms. Brownley. It seems to me like this is low-hanging fruit
in some sense, relative to safety of our skies, and I have had
many people come into my office to talk about the technologies
that they have, and it is out there, it is ready. It is a
matter of FAA requiring the airlines to begin to start
implementing this in their plane. So, thank you.
With that, time is up, and I will yield back, Mr. Chairman.
Mr. Nehls. The gentlelady yields. I now recognize Mr.
LaMalfa for 5 minutes.
Mr. LaMalfa. Thank you, Mr. Chairman.
Ready, Mr. Heibeck?
Mr. Heibeck. Good morning.
Mr. LaMalfa. Good morning. All right. I have been a Member
of this U.S. House for 12 years, 132 days, and this morning. So
this issue I am going to talk to you about has been an issue
for 12 years, 132 days, and this morning, at least. That is
putting an FAA-mandated fence around the Tulelake Municipal
Airport which lies in the town of Newell, not far from the area
called Tulelake, right on the California-Oregon border.
[Poster displayed.]
Mr. LaMalfa. So, the airport is right here. That is the
perimeter of that. One of the contentions is that there is an
issue with the national park monument nearby. So the 37 acres
that are proximate but not even adjacent to the airport are
highlighted in this magenta color here, right? So that is 37
acres that is not even adjacent to the airport.
So FAA has been mandating all this time that there should
be a fence for safety around there to keep people from
wandering in, or deer or elk, maybe livestock, what have you,
which is a good idea. But there has been just one holdup after
another to getting this job done.
So Mr. Heibeck, I just want to ask you straight up, because
it has been really aggravating to me, and I have been holding
my tongue for a long time, allowing some sort of process, as it
is, to work. Is this an acceptable timeline for something FAA
is mandating of the locals there for a very important facility
for agriculture and the crop dusting aspects of that, as well
as other municipal airport needs?
Mr. Heibeck. Yes. Thank you for your question, Congressman.
To answer directly, no, it is not acceptable. In my
experience with environmental reviews and section 106
consultation processes, it has been my experience that
sometimes we wait far too long before elevating issues to be
resolved when there is disagreement amongst the parties. And I
think some of that comes into play here.
But I----
Mr. LaMalfa [interrupting]. What does ``elevating issues''
mean in the sense----
Mr. Heibeck [interrupting]. ``Elevating issues'' means
that, if you can't come to an agreement with a consulting party
in the process or with another agency in the environmental
review, that you would elevate it up to another higher level.
And I say that, sir, because I am acutely aware of this issue.
I am tracking it. And as of this morning, I understand that we
have an agreement on the MOA with the county. I also understand
that there is agreement on the visitation plan, that all the
language has been worked out there.
And now we have the----
Mr. LaMalfa [interrupting]. So do you stand behind that?
Because if I asked Modoc County about this, is the agreement in
place, they will say, yes, we have worked with them and it is
in place?
Mr. Heibeck. The----
Mr. LaMalfa [interrupting]. Will I get that answer from
Modoc County?
Mr. Heibeck. The agreement is not yet in place. The
agreement has now--once we have the second piece of it, the
monitoring plan to monitor for when they are--to monitor, they
will--those pieces will need to go back to----
Mr. LaMalfa [interrupting]. You mean monitoring while the
fence is being installed, looking for stuff on the ground?
Mr. Heibeck. No, I think it is monitoring of the visitors
coming on to the airport, sir.
So the MOA contains two appendices. That second appendix
for the monitoring plan needs to--my understanding is the
county will have some requested edits back to us by Friday.
After that, I expect next week the entire MOA with the
appendices will move to the State Historic Preservation Office
for review.
Mr. LaMalfa. Well, I can point to much of the delay came
from these so-called consensus building meetings run by a group
called the Udall Foundation. They were seeking funding a couple
of years ago in one of my other committees. They forced Modoc
County to go through, at tremendous cost to the taxpayer, all
these meetings and meetings to build some kind of consensus.
The consensus never happened. Lawsuits were still filed by a
group that thinks that they need to take the airport out and
turn it back into the internment camp that it was during the
war.
So the interesting thing is that the 37 acres that is set
aside as a park right here has had nothing done to it as a
park. It has got a couple ruins on it, and the whole rest of
the field area has nothing in it. There used to be those
internment camp huts there [indicating area on poster]. After
the war, many of those were purchased by locals, and the locals
used them as homes. So we are talking about an issue that is
really a manufactured one by outsiders agitating from getting a
blankety-blank fence built for 12-plus years.
I mean, isn't that kind of embarrassing after a point, sir?
Mr. Heibeck. I do understand your frustration, Congressman.
Mr. LaMalfa. No, but is it embarrassing to you all?
Mr. Heibeck. I--it certainly--I think we could do better,
and that is what I was referring to when I said about elevating
this issue. It would have been, in my view, better to elevate
it sooner to get this resolved.
Mr. LaMalfa. Okay, so since we are elevated now, what kind
of timeline are we looking at to work out the monitoring, the
access?
I don't know what there is to visit out there. It is a
runway and an open field with a broken-down fence from the
past. There is nothing to see there.
But that all said, and what I would love, too, is if they
did want to turn this park into something that could be
visited, and refurbish it into something that would be a
replica of a sorry past that was there, I would be all for that
on the 37 acres. But nobody has moved forward to do that. The
national parks hasn't, the monument people haven't, and the
people interested in that haven't.
Let's look at the next slide.
[Poster displayed.]
Mr. Nehls. Thank you.
Mr. LaMalfa. Okay, so we have here----
Mr. Nehls [interrupting]. The gentleman's time----
Mr. LaMalfa [continuing]. This is the perimeter fence that
needs to be done. And so let's get it done, please. Okay?
Mr. Heibeck. You have my commitment----
Mr. LaMalfa [interrupting]. It doesn't [inaudible]----
Mr. Heibeck [continuing]. To see this through, sir.
Mr. LaMalfa [continuing]. At all, at all.
Mr. Heibeck. You have my commitment.
Mr. Nehls. The gentleman's time has expired. Mr. Carbajal,
you are recognized for 5 minutes.
Mr. Carbajal. Thank you, Mr. Chair, and welcome to all the
witnesses. You guys have a tough job, and a very sensitive and
important job, and that is why you are being grilled today. So,
I really appreciate your work.
My understanding is that the air traffic controllers were
spared from DOGE's indiscriminate purge of FAA employees.
However, in meetings with my constituents, they have informed
me that other key safety roles within the FAA's Air Traffic
Organization, ATO, were terminated, which has negatively
impacted their job.
Mr. McIntosh, can you discuss the logic and impact of the
mass firings in the FAA by DOGE?
Mr. McIntosh. I am sorry, Congressman, I am trying to
understand your question. Can you repeat it one more----
Mr. Carbajal [interrupting]. Aside from air traffic
controllers, there were many others in the FAA that were
terminated by DOGE in various positions. What was the impact
and the logic that you are aware of those firings?
Mr. McIntosh. Honestly, Congressman, I am not aware of
employees fired by DOGE in the air traffic----
Mr. Carbajal [interrupting]. You have got to be kidding me.
Mr. McIntosh. No, sir.
Mr. Carbajal. I am appalled that you would respond in such
a way when there is evidence and record that so many were let
go. Not controllers, but so many supportive staff.
Mr. McIntosh. I understand, sir. I am not trying to be
standoffish with you. I am not aware of anyone terminated or
fired by DOGE.
Mr. Carbajal. Okay. Well, I would like you to go back and
look at that. And if you find that there is contrary
information to that knowledge you have, that you get back to
me.
Mr. McIntosh. Yes, sir. Of course.
Mr. Carbajal. Mr. Heibeck, an issue I hear consistently
from my constituents deals with airport and spacecraft noise
pollution. As members of this committee, we work towards
solutions. Can you provide an update on the implementation of
section 786, which requires the FAA to update its noise
standards?
Mr. Heibeck. Yes. So, that section requires us to update
our part 150 regulations regarding noise compatibility. We are
in the process of updating them for changes in other
regulations and laws that are referenced in there.
A piece of what will be required is results from the
ongoing noise study that we will need to finalize our update,
so I don't think we are going to make the timeline to update
that because this is an ongoing study. It has been going on for
some time with significant input through the comment period. I
think we did two notices and received over 8,000 comments to
look at regarding----
Mr. Carbajal [interrupting]. What is the new timeline?
Mr. Heibeck. I don't have a specific when that will wrap
up.
Mr. Carbajal. Any general timeline?
Mr. Heibeck. As part of the reauthorization, another piece
was also added to that, and that is the Aircraft Noise Advisory
Committee that we are required to establish. That charter has
been--or is being finalized, sorry, and then we will solicit
members for all of that--a culmination of all the information
that comes in from there. So I don't know how long it is going
to take for the committee to do its work, either, so I don't
have a----
Mr. Carbajal [interrupting]. I would appreciate you getting
back to me as to an estimated timeline.
Mr. Heibeck. Absolutely.
Mr. Carbajal. Thank you.
Ms. Baker, aviation products and operators compete in a
global marketplace, but safety is a shared mutual goal of
aviation authorities, manufacturers, operators, and the
traveling public. The recent FAA reauthorization included
provisions aimed at bolstering the FAA's engagement in the
international marketplace with the goal of better utilizing
safety resources and facilitating market access for the U.S.
aviation products. Can you provide an update as to where the
agency is implementing these provisions?
And can you also discuss how efforts to enhance FAA's
international engagement and how to better leverage bilateral
safety agreements will benefit safety and aviation growth?
Ms. Baker. Thank you for the question.
So we recognize that aviation is global and aviation safety
is global. We do have arrangements, as you described. We have
international safety agreements, bilateral agreements that
allow us to leverage each other's inspection workforce, for
example, which makes all of us more efficient. It also
generates more data that we can share.
We have validation agreements so we don't have to go
through a full certification project of an aircraft that has
been certified already by the home authority. So that allows us
to integrate products more quickly, and allows our products to
also be integrated more quickly overseas.
Additionally, we are looking at how we can share data
internationally. We have an effort we call the Global Safety--
GSIME. Never use an acronym you can't define. But the concept
of GSIME is that other foreign civil aviation authorities are
also gathering data on aviation operations within their
country, whether it is their local operations or it is
operations of U.S. operators coming into those countries and
how can we link those data sources together so collectively we
can get a fuller picture of what is happening worldwide.
Mr. Carbajal. Thank you.
I am out of time, but I will submit my last question for
Mr. McIntosh and Mr. Heibeck. If I could get an answer to those
questions later, I would appreciate it.
Mr. Chair, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr. Owens
for 5 minutes.
Mr. Owens. Thank you, Mr. Chairman.
The FAA Reauthorization Act of 2024 is a strong bipartisan
step forward when it demonstrated what Congress can accomplish
when we work together to improve American aviation. A year
later, many good parts of the FAA reauthorization are already
being felt in many airports, large and small. We are seeing it
in my great State of Utah as we continue to expand our Salt
Lake City Airport. It is among the Nation's newest, most
innovative, and fast-growing travel hubs.
At the same time, our regional airports continue to be
vital links for our rural communities to the economic
opportunities, essential services. That being said, it is
essential, with our growth, that we are addressing workforce
strategies, employing safety systems, and modernizing our
systems with new technology.
Mr. Collins, section 414 of the reauthorization directs the
GAO to initiate a study to assess high school aviation
maintenance technology programs and identify barriers for
graduates to obtain this training and expertise needed to
become FAA-certified mechanics. Has the GAO initiated this
study yet?
Mr. Collins. That study was initiated last month.
Mr. Owens. It has been?
Mr. Collins. Yes. We have just started work.
Mr. Owens. Okay. Has it--so it has--when do you expect it
to be completed?
Mr. Collins. They are just now scoping out that engagement,
so I can't give you an anticipated issuance date, but happy to
get back to you----
Mr. Owens [interposing]. Okay.
Mr. Collins [continuing]. As they progress in their work.
Mr. Owens. Are there any updates you can share right now
with the committee regarding this?
Mr. Collins. It's just in its initial stages.
Mr. Owens. Okay. All right, sounds good.
Mr. McIntosh, the section 415 of the reauthorization
provides for improved access to air traffic control simulation
trainings, specifically the tower simulator studies, while
maintaining high training standards. How far along is the FAA
in acquiring, deploying, and implementing these simulation
systems at our towers now?
Mr. McIntosh. Thank you for the question, and I am happy to
provide an update on this.
Tower simulation systems are something that is vital for
our success. As we train more air traffic controllers, these
tower simulations give us high-fidelity problems to give us
realistic scenarios. And we thank everyone in the room for the
funding to allow us to do this.
In regards to where we are now, we have 56 tower simulators
that have been put into our FAA facilities, and most recently
Newark. And the responses we have gotten from the controllers
and the management team is that it is fantastic, it is high
fidelity, it is a--it has got a visual database where you look
out on the platform. It looks like the tower, it looks like the
airport service environment, and we can practice all of our
normal operations and our regular operations. That is where we
want our controllers to be, are in those simulators.
As a former controller, these things offered me so much
time to learn irregular operations. A pilot would never
practice an engine flame-out or a bird strike without having to
be able to do it in a simulator. We want to do the same thing
with our air traffic controllers. So having the ability to do
this, we are so excited about it.
Mr. Owens. Okay.
Mr. McIntosh. We currently have 56. We are on pace to make
sure that we meet the authorization bill that every tower has
access to a tower simulator. So thank you for the question. We
appreciate the funding. We are right where we need to be with
this.
Mr. Owens. Okay, thank you so much.
I am going to yield the remainder of my time to my friend
from California, Mr. LaMalfa.
Mr. LaMalfa. Thank you, Mr. Owens. I greatly appreciate
your graciousness there. 5 minutes flies by so.
[Poster displayed.]
Mr. LaMalfa. Mr. Heibeck, we are going to come back to the
situation here. Now, adjacent--or nearby the Tulelake Airport
was the Tule Lake National Monument, that 37 acres in magenta,
that L-shaped area. They managed to build a fence practically
overnight. See that fence right here, around that, around that
open, empty field, basically? That is what they managed to do
in no time, yet the section 106 process that the airport is
being put through over a long time with a lot of people at the
table has taken the 12 years, 132 days that I am talking about,
basically, to get there.
[Poster displayed.]
Mr. LaMalfa. So--and then on the next one, let's see. Let's
see, these are some of the things that are left behind. These
are some of the ruins that we are talking about that we are
basing the whole situation on of preservation.
And so the 37 acres, I am happy to have that turned into a
park, and they can do what they need to do there. The airport
needs to get done. Can you assure me that the section 106
process will be finished soon, and the airport fence
construction can be completed timely for the safety of the
airport?
Mr. Heibeck. Again, Congressman, I share your frustration
with this. You have my commitment to conclude this process as
soon as possible.
Mr. LaMalfa. Thank you.
I yield back. Thank you, Mr. Chairman.
Mr. Nehls. The gentleman yields. I now recognize Mr.
Stanton for 5 minutes.
Mr. Stanton. Thank you very much, Mr. Chairman. Thank you
for the witnesses for being here today.
The United States does remain the gold standard of aviation
safety, but recent incidents like the tragic crash above the
Potomac earlier this year and a series of near-misses
nationwide understandably put people's teeth on edge.
Just in the last few weeks, Newark Airport, one of the
busiest airports in the Nation, experienced a series of
equipment outages. These disruptions delayed and canceled
flights, and thank God, no one got hurt. Notably, these
incidents happened on top of ongoing air traffic controller
shortages. What is even more alarming is that these problems
aren't limited to Newark. Airports across the country have
struggled with these shortages for decades.
And look, I am not going to agree with this administration
very often, but Secretary Duffy's new plan to strengthen our
air traffic control infrastructure deserves our serious
bipartisan consideration, because on this most critical issue,
we have to work together, and I am confident we will.
Last year, this committee came together, Republicans and
Democrats, to pass a strong FAA reauthorization bill. I was
proud to help get it across the finish line. And we gave the
FAA clear marching orders: hire more air traffic controllers,
modernize outdated technology, replace systems that are unsafe
or unstable. That work is underway, but the FAA needs to move
faster to implement this bill. It was a big deal to get this
major legislation across the finish line.
In the meantime, we in Congress, we can do more. Just last
week, I was proud to introduce the Air Traffic Control
Workforce Development Act with my Republican colleague,
Congressman Begich of Alaska. Our bipartisan bill directly
tackles the controller shortage by training new recruits and
keeping experienced controllers on the job, including providing
more support for mental health challenges.
We are ready to move. I want to get this bill passed and
signed into law as soon as possible. Back home in Arizona, we
would benefit from a swift implementation of the FAA. I
advocated for a provision in last year's reauthorization to
launch a pilot program converting high-activity contract towers
into FAA staff towers. That program is now law, and Phoenix-
Mesa Gateway Airport is a perfect candidate to lead the way.
We didn't leave this open-ended. We gave FAA a clear
deadline--18 months--to get the pilot program off the ground.
When Administrator Whitaker testified here last September, he
said the agency was on track to meet that timeline. Mr.
McIntosh, is that still true? Where does implementation stand?
And will the FAA hold listening sessions or public meetings
so local communities can weigh in?
Mr. McIntosh. First, I would like to thank you for calling
us the gold standard. That is something that we take seriously
and to heart every single day. Every single controller and
manager and technician wear that on their sleeve, and I really
appreciate you saying that.
To answer your question as far as reauthorization, yes,
sir. The pilot program is not just well underway, it is
marching, it is speeding down the road. And we have stood the
pilot program up, and we have identified six qualifying towers
that meet the requirements of operations and enplanements, one
of them being Phoenix-Mesa Gateway----
Mr. Stanton [interposing]. Excellent.
Mr. McIntosh [continuing]. And Chandler, Arizona, is the
other one.
Mr. Stanton. Excellent.
Mr. McIntosh. We have two in Arizona, two in Hawaii, one in
Florida, and one in Montana. And we are where we need to be.
I will also be honest with you. I do think we will need
future appropriations to actually move that, but we have the
qualifying list, and I would be happy to share that with you,
sir.
Mr. Stanton. Thank you very much, and I look forward to
working with you on the appropriate appropriations request.
Let's talk about Phoenix Sky Harbor Airport, one of the
busiest airports in the country. They have announced plans to
build a new terminal to meet demand, but the FAA is saying that
it will take 6 years just to get through the review process.
Mr. Heibeck, 6 years is not acceptable. What can the FAA do to
shorten that timeline and move this critical project forward?
Mr. Heibeck. Thank you for your question. I am not aware of
anybody that should be saying it would take 6 years. NEPA
legislation sets the standard for environmental impact
statements. So even if it were that, it would be more like 2
years on an environmental impact statement. So I would like to
look a little bit into that for you and circle back with your
staff or you.
Mr. Stanton. Two years sounds a lot better than 6 years.
Thank you.
Mr. Heibeck. That is what is in the law, sir.
Mr. Stanton. Thank you so much.
I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr.
Westerman for 5 minutes.
Mr. Westerman. Thank you, Mr. Chair, and thank you to the
witnesses for being here today.
I think we can all agree that the primary goal of the FAA
is safety, and I want to talk about an issue that I have worked
on for a couple of years which poses a safety threat to my
constituents who are flying in and out of the Mena Municipal
Airport. That is the airport that was made famous by the Tom
Cruise movie, ``American Made.''
Section 612 of the FAA reauthorization passed last Congress
and directed the FAA to brief this committee on the radio
communications coverage within the airspace surrounding the
Mena Airport. It included information regarding radio
communication coverage with the Memphis Air Traffic Control
Center; the altitudes at which radio communication ceases,
which was found to be 4,000 feet; and recommendations on how to
increase radio coverage in the airspace.
First off, I am grateful for the FAA in meeting their
requirement and providing this information to the committee and
my office, but now we need to shift our focus on the
implementation of a solution that ensures safety.
The FAA recommended two potential solutions to achieve
radio coverage below 4,000 feet. The first is to ``directly
connect to an FAA voice communication switch via a
telecommunications service.'' As I understand that, that is
what they are doing now, the pilot gets on his cell phone and
calls Memphis Center. Is that correct?
Mr. McIntosh. I have got to be honest with you, I don't
know exactly what the technical specifications are, but as soon
as you said VCS--and that is a voice switch--it is a current
setup.
So--but I--to give you a better briefing, I would actually
like to circle back and make sure you are getting what you
want, because we are starting to get into that technical round
where I want to make sure that you get the right information so
we can provide the right mitigation to what you are looking
for.
Mr. Westerman. Yes, now that is what the pilots do now,
they get on the cell phone and call the Memphis Tower.
So, the other recommendation is to establish a radio
communications facility, an RCF, at the Mena Airport. And I am
not sure what that is, but I will open it up to the panel if
you could tell me a little bit about how these facilities work,
what a timeline is for establishing an RCF, if you believe it
would solve the problems in Mena. And also, would it be part of
the air traffic control upgrades or come from existing
resources?
We have included some upgrades for air traffic control in
the reconciliation bill. So anything you can tell me on that?
Mr. McIntosh. What I can tell you is--so I don't have
spectrum analysis to understand what the coverage requirements
are for that mountainous terrain that you are speaking to. But
at the heart of the matter, it does talk directly to the need
for better infrastructure, and that is what Secretary Duffy was
speaking to earlier when he was in Philadelphia, and also when
he talked about Project Lift.
We need to make sure that we have the most advanced
capabilities to ensure that controllers can talk to pilots, and
pilots can talk to controllers, and that we can see aircraft
when we are supposed to see them. And we are exploring all
sorts of technologies. I think the best thing we can do is have
a conversation with my technical operations team and get you
the direct answer. But the direct answer is more improvements
in our infrastructure to have the reliability and the
performance-based navigation that we need.
Mr. Westerman. Would anybody else like to add to that?
Ms. Baker?
Ms. Baker. I do not.
Mr. Westerman. And maybe in your investigations you can
figure out why the Mena Airport didn't have radio coverage
below 4,000 feet.
Mr. McIntosh. It very well could be too mountainous
terrain. It could be, too, obstructions. I don't have an answer
to that question, but I think it is a good one for me to go
find out for you, sir.
Mr. Westerman. Yes, if you watch the ``American Made''
movie, it will raise even more questions as to why it might not
have had radio signals.
Mr. McIntosh. Fair enough. Yes, sir.
Mr. Westerman. Thank you, Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms. Davids
for 5 minutes.
Ms. Davids of Kansas. Thank you, and also thank you to, of
course, our Chairman Graves and Ranking Member Larsen for
holding this hearing today. And I do want to especially thank
our witnesses for being here.
Thank you for your service and for the work that you are
doing.
Millions of passengers are able to fly in the United States
every year, thanks to some of the most advanced technologies
that we have. And also, as we have heard earlier, sometimes
terrible tragedies happen like the mid-air collision of PAT 25
and flight 5342, which originated in Kansas--not in my
district, but we were all impacted.
So I would say that in the United States, overall, we
absolutely enjoy an exceedingly safe national airspace; as Mr.
Stanton said, the gold standard, and so many of us do it
without a second thought. But we all know, especially in this
committee, that that safety isn't free, from fully implementing
NextGen and upgrading our air traffic control systems to
training and retaining the folks like our aviation safety
specialists, air traffic controllers. I would say everyone
within the FAA has a mission of safety, but we do need to
continue to invest time and resources to ensure that we are
protecting the flying public.
So Mr. Collins, I will come to you first. For years, the
FAA funding requests for its facilities and equipment haven't
necessarily kept pace with the air traffic control
infrastructure needs. And I have had to, unfortunately,
demonstrate this chronic lack of investment in multiple
hearings of this committee, and have relayed the horror stories
of safety specialists trading outdated parts between regions.
Can you just speak to why is it important for the FAA to invest
more than just the mere sustainment for the ATC legacy systems
that we are using?
Mr. Collins. Yes. Aging legacy systems are a continual
problem. About one-third are unsustainable, and many of those
are critical to safety and efficiency.
We also have an increasingly complex and congested
airspace, which is expected to grow. And you have new and
expanding entrants, as well as cyber challenges, and this makes
it all the more important that FAA continue to mitigate the
various risks related to modernization.
Ms. Davids of Kansas. Mr. Macintosh, I don't know if you
want to speak to that.
Mr. McIntosh. Yes, ma'am, I would, and thank you for the
question.
Over 90 percent of our budget goes to sustainment of our
legacy systems, while under 10 percent actually go to the
future modernization. That is to keep the NAS running for some
older systems or aircraft that have not equipped correctly. We
need to move forward.
When we talk about generational changes and keeping us as
the gold standard and innovations in safety, we need to make
sure that we make those necessary improvements and investments
and start talking about the legacy system of the old, and talk
about future systems and make that the modern system. We need
to go there.
Ms. Davids of Kansas. Yes, thank you. Ten percent is
probably not going to get us there, so I appreciate that.
I want to switch to another area where I see the FAA
potentially looking to kind of catch up in the promotion and
coordination of new and emerging technologies like advanced air
mobility. I believe the U.S. has a real opportunity to lead on
the global stage in this sector, but in the name of safety,
first the FAA needs to set a path for that.
Ms. Baker, I would love to hear from you about the work
that you all are doing. The Advanced Air Mobility Coordination
and Leadership Act was passed into law to support integration
of new AAM entrants by directing an interagency working group
to plan and coordinate our Government efforts. And my
understanding is that much of this intergovernmental work has
been completed and could serve as a foundation for interagency
collaboration and progress while helping to preserve U.S.
leadership and innovation. Would you be able to share with the
committee when that framework would be released so that we can
continue to see those advancements here?
Ms. Baker. So I am much more familiar with the work we are
doing within FAA, so I will come back with you on the specifics
on when that interagency work will be done. I know we have
participated in that, because it really is a whole of
Government, if you think of how aviation is currently
structured.
But within FAA, we are very excited about advanced air
mobility. We have established a way to get the vehicles
certified so we can actually get vehicles, safe vehicles, in
operation, and they are going through the process of getting
their type certificates. We have an operational framework that
will create pilots who will be ready for those first AAM. We
continue to work with my colleagues across FAA on vertiports,
where these vehicles are going to take off and land, whether it
is a traditional airport or something different, as well as
working with our colleagues in air traffic to identify how to
integrate them into the larger system.
Ms. Davids of Kansas. Thank you so much. I got so excited
about AAM I didn't even realize the--I yield my--I yield.
Mr. Nehls. The gentlelady yields. I now recognize Mr.
Barrett for 5 minutes.
Mr. Barrett. Thank you, Mr. Chairman.
And to our panelists, thank you for being here. And I
apologize if I am asking you some questions that may have been
covered by my colleagues while I had to step out for a few
moments. But I want to start by following up on a question Ms.
Norton asked.
I think, Mr. McIntosh, you were kind of responding to this.
It was about some of the VIP transport out of DCA, and the ADS-
B Out requirement. You said currently protocol is that they can
only turn that off for VIP transport, active law enforcement
missions, and national security missions. Is that--basically,
am I understanding that correctly?
Mr. McIntosh. Those three, as well as what we call
operational continuity in case of a real-world national event.
Mr. Barrett. Yes, okay. I have flown VIP helicopter flights
and, thankfully, we were not flying over as congested of an
airspace as right here at DCA. But I just sense that there can
be a mission creep that develops over time, where a straight-
line corridor turns into coming to this stop and then that one,
and then it deviates from the original intent. And next thing
you know, circumstances and breakdowns occur and then you have
a tragic, real-world collision event.
One of the outcomes of that--and I saw some testimony in
the Senate where the Army testified that they had a standard
operating procedure where they would turn off ADS-B during
those simulated national security-type missions, but they would
turn them off for the entire flight. And I don't know if you
have any insight for us as to whether or not the SOP has been
changed so that when you are in an airspace where you want to
be seen and everyone should benefit from knowledge of your
whereabouts, where you would turn that back on. Certainly not
over a classified site that you are practicing movements to,
but once you are back over Reagan National Airport, I think we
all want to know where you are for the benefit of the entire
national airspace, and I am curious if you have any update for
us on that.
Mr. McIntosh. I don't disagree with your comments, but I
can't speak affirmatively on exactly how that change has
occurred.
I do know when Acting Administrator Rocheleau made the
commitment, we updated all of our orders to reflect the
changes. Now, as far as those few exceptions, I would have to
go back and make sure that----
Mr. Barrett [interposing]. Yes.
Mr. McIntosh [continuing]. I answered your question. But I
do understand the importance of ensuring that you don't have
either mission creep or safety creep. You have to stay on top
of these things----
Mr. Barrett [interposing]. Right, right.
Mr. McIntosh [continuing]. And make sure that we don't
compromise and we always remain vigilant.
Mr. Barrett. Okay. Is there a liaison between the FAA and
the Department of Defense that works collaboratively in these
efforts to try and sculpt these things in the best way
possible?
Mr. McIntosh. So one of our service units in the Air
Traffic Organization is security. And they are a liaison with
the Department of Defense, as well as the White House, to make
sure that there is daily communication and we continue to work
collectively to ensure the safety of the NAS isn't compromised.
Mr. Barrett. Yes.
Mr. McIntosh. There is a liaison to do that. Yes, sir.
Mr. Barrett. Okay. And then I feel personally--and others
may share a different opinion--that we have had a willingness
to maybe transport a lot of VIPs that could take alternative
means of transportation. That would clear out a lot of this
hazardous situation and near-miss--I mean, the helicopter unit
started operations recently, and then had a--like a 200-foot
near-miss with a civilian airline again.
It causes a whole lot of concern and consideration that, if
we are doing this, if we are implementing a level of risk--and
everything has a level of risk to it, but if we are doing that
for convenience sake instead of necessity's sake, we have got
to have a better way of determining that.
Mr. McIntosh. So I thank you for the followup, because I do
want to clarify. When I say VIP movement, it is not for
personnel transfer or for that at all. As far as if we are
speaking about five-star generals or four-star generals----
Mr. Barrett [interposing]. Yes.
Mr. McIntosh [continuing]. They are not VIP.
Mr. Barrett. Okay.
Mr. McIntosh. And to your point, we are having those
discussions on whether or not they should be in a helicopter at
all----
Mr. Barrett [interposing]. Right.
Mr. McIntosh [continuing]. Let alone have ADS-B----
Mr. Barrett [interrupting]. Right, turned off.
Mr. McIntosh [continuing]. Off, out.
Mr. Barrett. Yes.
Mr. McIntosh. Exactly.
Mr. Barrett. Yes.
Mr. McIntosh. So that is not part of the conversation.
Mr. Barrett. Okay.
Mr. McIntosh. When I say VIP, I am talking about--strictly
about the President of the United States----
Mr. Barrett [interposing]. Got you.
Mr. McIntosh [continuing]. And making sure the President of
the United States has the security that he should be afforded--
--
Mr. Barrett [interposing]. Sure.
Mr. McIntosh [continuing]. Like the Presidents before him.
Mr. Barrett. Thank you.
Lastly, for the group, I know that there are a number of
reports due from the previous Congress in the reauthorization
around the issue of ADS-B and ADS-B Out, and whether that is
autonomous or drone vehicles--drone aircraft or general
aviation aircraft. I think that report is due tomorrow, like in
12 hours, tomorrow. Do we have any update as to when we should
expect that?
And what the--if you have any preliminary findings for us
to share.
Ms. Baker. We aspire to make all the deadlines. I don't
have any preliminary findings.
Mr. Barrett. Okay.
Ms. Baker. I believe we have some busy people at FAA.
Mr. Barrett. Okay. So not by tomorrow, of course, but do
you have any expectation of when we can----
Ms. Baker [interrupting]. It very well may be by tomorrow.
Mr. Barrett. Oh, okay, very good. Well, thank you so much.
I appreciate it.
Thank you, Mr. Chair.
Mr. Nehls. The gentleman yields. I now recognize Mr. Garcia
of Illinois.
Mr. Garcia of Illinois. Thank you, Chairman, Ranking
Member, and, of course, the witnesses.
Last Congress, I led a group of colleagues in an effort to
strengthen consumer rights and protect labor agreements in the
final FAA bill. We successfully pushed to require airlines to
automatically start a refund for canceled or significantly
delayed flights, instead of keeping the burden on customers. We
also successfully fought to remove a provision that would have
raised the pilot retirement age, undermining hard labor
agreements.
Of course, I would be the first to admit that it wasn't a
perfect bill. I was pushing to include, for example, my Good
Jobs for Good Airports bill to increase the wages and the
benefits of airport service workers, and I would have liked to
see more done to increase competition among airlines to benefit
consumers. But the bill did make important strides toward
talent pipelines that can address urgent workforce needs in the
aviation industry.
Recent incidents, including the tragic collision over DCA,
remind us of just how urgent full implementation is, including
workforce expansion and equipment updates. I was troubled, for
example, to hear that Midway Airport, which is in my district
in Chicago, relies on obsolete surface surveillance equipment,
forcing them to look for replacement parts at other airports,
as previous speakers have underscored.
As we push, I do know one thing hasn't helped make our
aviation system safer, and that is Trump's targeting of Federal
workers. Questioning the qualifications of people who direct
our air traffic is despicable. And Trump's purge of the Federal
workforce undermines the aviation safety system that we are
trying to improve.
For Ms. Baker, can you describe the role that aviation
safety inspectors play in upholding the safety culture across
the aviation industry, and why having this workforce fully
staffed is important for the FAA's safety mission?
Ms. Baker. Absolutely. So aviation safety inspectors
provide critical oversight of the aviation system and how it is
functioning. They also write new standards, they certify new
operations, they certify--approve new manufacturers. So they
are fundamental to the core of the system.
To be noted that we have identified them as safety-critical
individuals, they are continuing to be hired. We have preserved
that safety ASI workforce.
Mr. Garcia of Illinois. Thank you, Ms. Baker. My next
question is for Mr. Collins.
As I mentioned earlier, I was disappointed that the FAA
bill did not include the Good Jobs for Good Airports Act.
Airport workers, from ticketing agents to ramp workers, go the
extra mile to make travel smoother, but they also receive
poverty wages and inadequate benefits. This is unjust, unsafe,
and it has got to change. And while the FAA didn't include my
bill, it did acknowledge the problem that my bill seeks to
correct by requiring the GAO study on the importance of said
workforce to the aviation economy.
So Mr. Collins, can you tell us when the GAO will complete
the airport service worker analysis?
And in addition, can you share any discussions between
Secretary Duffy and the GAO to convene a public working group
to discuss said report?
Mr. Collins. So our airport service worker report will be
formally issued in September. I am not aware of any particular
conversations between the Secretary and GAO regarding the issue
you mentioned, but I can get back to you on that.
Mr. Garcia of Illinois. Yes, I would appreciate it greatly,
the public working group to discuss that report. Thank you, Mr.
Collins and, again, thanks to all of our witnesses.
I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr.
Burchett for 5 minutes.
Mr. Burchett. Or Burchett, either one.
Mr. McIntosh, has the FAA begun auditing legacy systems in
use across the U.S. airspace to determine the optional risk,
functionality, and security? And if not, when do you all plan
to begin?
Mr. McIntosh. I am sorry, sir, can you repeat that one more
time? I want to make sure I totally understand your question.
Mr. Burchett. Okay. Has the FAA begun auditing legacy
systems in use across U.S. airspace to determine operational
risk, functionality, and security?
Mr. McIntosh. We have looked at something that we do, a
risk assessment, on all of our legacy systems to talk about
vulnerabilities, potential replacement parts, and what is the
likelihood of potential failures. So we do look at that. There
has been a risk assessment that was done, and I would be happy
to share that with you, sir.
Mr. Burchett. I would like to have that, if you did.
Can you go over some of the new technology that is being
implemented for air traffic control systems?
Mr. McIntosh. Some of the newer technologies that I am
going to talk about, our surface safety portfolio that enhances
our safety on our runways.
Surface Awareness Initiative is a new technology that we
are deploying at our towers. It uses the new ADS-B technology,
and it gives controllers the ability to see surface movement
that they would not have seen before.
Another thing that we have deployed, sir, is something we
called a Runway Incursion Device, RID. What that does is it
allows controllers to use it as a memory aid. So if we have a
closed runway or a closed taxiway due to construction or
something along that line, or if we put an aircraft into a
position that we call line up and wait--we put an aircraft on
an active runway because we are waiting for either a previous
departure to come off or another inbound to come across another
runway--we will activate this, and it gives an aural and visual
alarm to controller if it has been on a runway for a specific
period of time.
And the third thing that we have deployed recently is
something called ARV, which is our Approach Runway
Verification. This is another aural and audible alarm that
gives controllers if an aircraft is lined up to a wrong runway
or actually lined up to a taxiway.
If you put these three technologies on top of one another,
it forms three layers of safety. And the first level of safety
and the last level of safety is a well-staffed tower, by the
way. So if you have a well-staffed tower, and you have these
layers of technology, that greatly enhances what we are doing
in our tower environment, sir.
Mr. Burchett. Would any of this qualify under air traffic
control simulation training?
Mr. McIntosh. No, sir. That would be our tower simulation--
our tower simulators, and we have actively deployed 56 of those
so far. Those are high-fidelity simulators where a controller
will go and--they will go in the simulator, and it does exactly
what it says, it simulates a tower environment. When they look
out in the simulator, it looks exactly like it would appear
looking out their own tower. And we do scenarios, and basically
that helps us certify our controllers, train our controllers.
And we have seen remarkable improvements with this new TSS
system. We are actually seeing improvements where certification
times come down by 27 percent. And I am not saying that we are
sacrificing anything in that. What I am saying is the training
is so much better, the certification times----
Mr. Burchett [interposing]. Right.
Mr. McIntosh [continuing]. Are coming down.
Mr. Burchett. And you said that the--there are in 50--you
have----
Mr. McIntosh [interrupting]. We have got 56 that have been
deployed thus far. The last one that just came out was in
Newark Airport. And we are on pace, I believe, to have 95
deployed by the end of the year. Reauthorization requires us to
have them in place--or actually, accessible to every tower in
the country. And we are going to meet that deadline, sir.
Mr. Burchett. How many more would you need to do that?
Mr. McIntosh. How many more are going to be needed? I don't
have the number, but I do know----
Mr. Burchett [interrupting]. That is all right.
Mr. McIntosh [continuing]. I do know we are going to meet
the deadline.
Mr. Burchett. That is all right. I am not trying to trip
you up, that was just out of my--I am not sharp enough to try
to trip anybody up here, so I will just--I was asking that on
face value. Maybe you can get that to me.
Mr. McIntosh. Yes, sir.
Mr. Burchett. What is the funding mechanism for these
simulators?
Mr. McIntosh. Through reauthorization, we have received
funding for that, or appropriations.
Mr. Burchett. Was there enough funding in there for that,
or is that--I mean----
Mr. McIntosh [interrupting]. I don't----
Mr. Burchett [continuing]. With the Federal Government, you
are going to say, oh, yes, go out and print some more money,
Burchett. And we will say, okay, sure.
Mr. McIntosh. I believe we are funded to deploy all of the
tower simulators--or actually, to ensure that everyone has
access to the tower simulators. But I will circle up with you
to make sure that I am giving you a factual----
Mr. Burchett [interrupting]. Let me give you one quick
question.
Mr. McIntosh. Yes, sir.
Mr. Burchett. I am about to run out of time. This is one of
my favorites. Have you experienced any regulatory barriers when
implementing these simulators?
Mr. McIntosh. Have I seen any barriers from implementation?
Mr. Burchett. Yes, regulatory--bureaucrats, bureaucrats
getting in your way.
Mr. McIntosh. No, sir, not to my knowledge. I have actually
appreciated the support that we received.
Mr. Burchett. All right. Thank you.
I will yield back my remainder 2 seconds, Mr. Chairman.
Thank you, sir.
Mr. Nehls. The gentleman yields. I now recognize Ms.
Strickland for 5 minutes.
Ms. Strickland. Thank you, Chairman Graves.
I first want to thank the career civil servants--a.k.a.
bureaucrats--from the FAA and GAO for their testimony today
before this committee, as well as their testimony yesterday
before the Senate Committee on Commerce, Science, and
Transportation.
Before I get to my question, I want to call attention to
the conspicuous absence of political appointees at the table
before us. As members of this committee know, it is the norm
for Senate-confirmed administration officials to appear before
the committee for oversight hearings just like this one. This
is to ensure accountability to Congress and the communities
that we represent.
What message does it send when the administration refuses
to have its top political appointees testify before this
committee, especially given what is happening right now with
air traffic and safety, but instead decides to shield itself
behind career civil servants? It suggests that Secretary Duffy,
Acting Administrator Rocheleau, and other political appointees
at DOT are unwilling or unready to answer to the American
people on issues related to their safety.
When Secretary Duffy wants to blame the previous
administration or diversity, equity, and inclusion for failures
that happened under his watch, he can find his way to a TV
camera. But when it is time to ask Congress for money, he shows
up to speak before Appropriations. But when it is time to face
the music before the committee that oversees the FAA, he is
nowhere to be found, and neither is his Administrator.
I sincerely hope that, moving forward, this administration
will engage with this committee, as past administrations have
done, instead of hiding and not showing up to take ownership of
their responsibilities that come with this very important
responsibility.
Now I want to focus on aviation safety. Our Nation's
aviation system has been the gold standard for decades, but a
series of high-profile aircraft incidents this year and,
frankly, over the past few years, have shaken the public's
trust. How has Secretary Duffy's FAA responded? By firing
nearly 400 probationary employees.
Additionally, around 700 FAA employees have taken the
deferred resignation program offer, with thousands more
expected to accept another deferred resignation offer. And this
is on top of the natural attrition happening to an already
understaffed and underinvested workforce.
The result of all this is a less responsive, less capable
organization due to a loss of institutional knowledge and a
culture of instability that affects morale and tests the trust
of the flying public.
Ms. Baker, how have these reductions and fluctuations and
uncertainty in workforce strength affected our overall safety
at airports and for the flying public?
What is the FAA doing to ensure that irregular workforce
attrition does not impede the full implementation of and
compliance with 2024 FAA reauthorization law?
Ms. Baker. Thank you for the question.
Within aviation safety, we have certain portions of the
workforce that have been exempt from any of the hiring actions,
and we are still hiring safety inspectors, we are hiring
engineers. We continue to hire and retain medical doctors,
psychologists, legal instrument examiners. And those portions
of the workforce are critical to the work of aviation safety,
setting standards, certifying, and continuous operational
safety. So we continue focused on our safety mission just like
we always have.
Ms. Strickland. So as someone who is very familiar with
this organization, what do you think it does to morale when
people are told, oh, you are fired, oh, wait, we take that
back, you are not. How does the uncertainty of your financial
security and ability to work and do well affect morale at your
agency?
Ms. Baker. I can't speculate about entire morale. What I do
know is our workforce is committed to safety. I can talk about
myself. I can tell you I remain focused on safety, and I
encourage our workforce to continue to do the same.
Ms. Strickland. Is it true that at Newark there are some
employees who are taking mental health days because of the
stress of the job?
Ms. Baker. I am unaware of that.
Ms. Strickland. All right. Well, thank you, Ms. Baker.
And I want to reiterate that every person at the FAA plays
an important part in ensuring aviation safety. Even if you
don't have a job classified as safety critical, your work is
important, and it supports the work and the FAA's safety
mission.
Mr. Chairman, I yield back.
Mr. Nehls. The gentlelady yields. I now recognize Mr. Hurd
for 5 minutes.
Mr. Hurd of Colorado. Thank you, Mr. Chairman, very much.
Mr. McIntosh, I wanted to ask you about remote towers. I
understand that this is technology that has been deployed
successfully in other places around the world. The London City
Airport is one example, I understand. Section 621 of the 2024
FAA Reauthorization Act directed the FAA to create a program to
design and figure out operational approvals for remote towers.
Can you update us on the status of that? What does it look
like? What is the timeline for that?
It is important for districts like mine, which are rural
districts.
Mr. McIntosh. Yes, sir, I would be happy to.
We do have a vendor who is in New Jersey at our tech center
who currently has the remote tower on display, and actually
working with our team. They are building the business case and
the safety case, and we are in process of coming in behind them
to actually validate that safety case and credential it.
My understanding is that it is progressing very, very well,
that it is within timelines, and we are looking forward to
having a product that will be available by airports that want
to purchase it.
Mr. Hurd of Colorado. When you say ``safety case,'' what
does that mean? What are the criteria that you use to evaluate
the safety of a system like this?
Mr. McIntosh. There are certain thresholds that a vendor
must show, as far as line of sight; if you are going to use a
camera, can it pick up an aircraft appropriately; does it see
around all the terminal environments; does it have any blind
spots to it. Those are the kind of things, through the testing
process, to make sure that if we were going to use a controller
not actually in a tower but remotely, that they will see
everything they would from a tower.
So you have got to build a safety case. And if there is--
for some reason there is a block there, then you have got to
satisfy the requirement in future [inaudible]. So you have got
to have all those checkmarks in place, you have got to make
sure that you validate it. And after it is validated, then we
certify it. And once it is certified, we are more than happy
for an airport to go purchase it.
Mr. Hurd of Colorado. And this vendor--would this vendor be
the one that would be approved for use in other airports, then,
across the country?
Mr. McIntosh. Yes, sir.
Mr. Hurd of Colorado. Okay. And tell me about the business
case. What do you mean by that, the business case for a remote
tower?
Mr. McIntosh. Just, they have to basically provide the
business proposal on what it is going to look like and how we
are going to basically do a concept of operations and ensure
how it is going to be available.
So that is what the vendor is doing. I know that we do have
that vendor on site, and they are actually going to have
something called an industry day. I am loosely putting that
around parentheses, but it will be available for viewing by
people that might be interested in this in summer. And we are
actually encouraging people to go see this, because we see it
as very promising technology, and we see it maturing to the
point that this should be available soon.
Mr. Hurd of Colorado. Okay. I don't want to have this be a
gotcha, either, this is--I am just a freshman. I can see a lot
of the questions seem to be, how come the FAA hasn't done this,
or when can I expect this or that by this deadline, so the
spirit of this question is just genuine sincerity in knowing.
The 2018 FAA reauthorization had provisions with respect to
remote towers. And here we are, 7 years later. What has been
happening in that 7-year period? Like, what is the delay? It
seems to me like we would ideally be able to put together a
business case and a safety case for remote towers. Why has it
been so long, and what is going to prevent me from being here 7
years from now or 8 years from now asking you the same
question?
Mr. McIntosh. I think 7 years from now we are going to say
that remote tower got done.
Mr. Hurd of Colorado. Good.
Mr. McIntosh. To answer your question, sir, the reason why
I stressed the business case and the safety case was the remote
towers that were used at some of our test locations were not
able to produce that safety case where we were able to
credential it or validate it, and that is very important.
The crux of all these conversations has been around safety,
and rightfully so. We need to make sure that we ensure those
thresholds through that safety case that you and I are speaking
to because, when we certify that piece of equipment or say this
is available for purchase, everyone should be able to say we
can purchase it, and it will fulfill the commitment to safety,
and we won't have to go back or worry about these things.
It is a very tedious process. It is tedious by design. But
once it goes through, then we are in a good place. And I do
feel that we are in a very good place with this, moving
forward.
Mr. Hurd of Colorado. Great. Last question. Just stepping
back more generally, can you talk about what barriers the FAA
has in certifying or implementing innovative technologies over
the course of the service life in our current systems?
Mr. McIntosh. I think that our largest obstacle in
certifying new technologies is people wanting to not give up
the old ones. We have some old technology, but people do not
want to retrofit to take advantage of a lot of these new----
Mr. Hurd of Colorado [interrupting]. And who are--when you
say ``people,'' who are you referring to?
Mr. McIntosh. Well, we have--so there are general aviation
pilots. Some of our general aviation pilots don't want to do
that. It is a personal choice. But for me, I think we need to
start talking about best equipped, best served.
We need to start moving our advancements in technology
forward so we can fully utilize our NextGen benefits. I can
design a whole new New York market with PBN procedures and
satellite procedures that would make all of our airports much
more efficient. But because we don't want to go away from some
of these legacy instrument landing systems that require vectors
from controllers and altitudes from controllers versus building
performance-based navigation, we cannot get to that point of
efficiency and safety that we want to. We have to give up some
of our past to make those technological leaps forward. It is
preventing us from doing that.
Mr. Hurd of Colorado. Thank you very much.
I see my time is expired, Mr. Chairman, thank you.
Mr. Nehls. Thank you. Well, said, Mr. McIntosh.
I now recognize Mrs. Sykes for 5 minutes.
Mrs. Sykes. Thank you, Mr. Chair, and thank you to all of
the witnesses.
I just want to start by thanking you. I know the work that
the Federal Aviation Administration does is very critical to
the function of our Nation, and I appreciate the dedication
shown by each of you for choosing to serve your country through
public service.
And as someone who flies regularly, I am personally
invested in this, but also the American public writ large is,
as well, especially as there have been challenges in some of
our major airports. And I hope you look at Members of Congress
as your partners and allies as we look to find ways to improve
our aviation safety and our networks.
Last year, President Biden signed into law the bipartisan
FAA Reauthorization Act of 2024, which is the reason why we are
here today, and I am pleased to report that, through the
bipartisan negotiations of the bill, several of my requests
were adopted into the final language that was signed into law.
Chief among those requests was to increase and expand the
Airport Improvement Program for which this committee
appropriated $4 billion, and this amounts to about 650 million
annual dollars in increased funding for the program.
The bill also changed the Airport Improvement Program's
apportionment formula to increase funding for small and mid-
size airports, such as the Akron-Canton Airport, which I
frequent regularly, and this is funding that the airport
desperately needed. Grants from the Airport Improvement Program
ensure regional airports like Akron-Canton are able to complete
terminal developments, projects that address aging air
infrastructure. In fact, CAK was fortunate to receive $3.6
million for fiscal year 2025.
Because of the investments from this program, Akron-Canton
and other regional airports across the country have made
significant improvements to their facilities that are essential
in our communities and ensuring that regional airports remain a
vital part of our network. However, given some of the
administration's tendency to freeze funding and in some cases
end it, I have some concerns about the longevity of the Airport
Improvement Program and the reliability of the funding.
So Ms. Baker, I will start with you and then move to Mr.
Heibeck. Have you heard of any changes being made to the
eligibility criteria? And if so, what are those changes?
Ms. Baker. I will go ahead and let Mr. Heibeck answer.
Mr. Heibeck. Yes, and thank you, Congresswoman.
So as part of reauthorization, you are correct. In fact,
there were several changes precipitated by the legislation to
the benefit of smaller airports, both in the small airport
fund--you mentioned one of them, the State apportionment
allocation was changed so that there is now more in the State
apportionment.
To answer your question, I am not concerned at all. As I
indicated earlier in my testimony, we are moving forward with
the entire $4 billion in the Airport Improvement Program. We
thank Congress for the increase of $650 million.
The reason that you haven't seen grants there yet is we
were--there is a process you go through to get your
apportionment from OMB, and we now have that apportionment, and
we are programming grants, and we will be moving forward with
the program.
Mrs. Sykes. Great. That is good news to hear. Section 624
directs the FAA to submit a report on the process by which air
traffic control towers are chosen for replacement, maintain and
publish what needs to be replaced and what has not. Akron-
Canton Airport has the distinction of having the oldest air
traffic control tower in the Nation. The elevator breaks
frequently, requiring staff members to take the stairs to the
top. It is not ADA-compliant, and there is only one entrance
and exit to the tower.
Akron-Canton Airport's tower is not on the list that is
maintained by the FAA. I looked it up as recently as today. It
was updated May 15, 2025. With all of those things that I
stated, what do you have to do to get a new air traffic control
tower if one like the one in my district is in such disrepair
as it is today?
Mr. McIntosh. That is a great question, ma'am. I know that
we get that asked a lot. We have a lot of towers that are 60
years old, 50 years old, and they are old, and they are
antiquated.
There is a formula that produces a total composite score,
and that is how they are prioritized. We take a look at line of
sight from a tower. Basically, if you are an air traffic
controller, can you see the entire field? We take a look at the
age of a tower. We take a look at the overall facility
condition of that tower, as well as the total amount of
operations. And from that score, it is how it becomes
prioritized. We have a list. I would be more than happy to
share the list with you, and hopefully that will share where it
is on that ranking list, ma'am.
Mrs. Sykes. Thank you very much. I only have a couple of
seconds.
I know that there was some language that required some
compliance and a report on an employee assault prevention plan.
In the very limited time I have, can anyone provide us an
update on that?
Ms. Baker. I would have to go back and get the specifics. I
believe we have gathered the information, and I believe we have
provided a briefing, but we can certainly get back with you on
that.
Mrs. Sykes. Thank you, Ms. Baker.
Thank you, Mr. Chair, I yield back.
Mr. Nehls. The gentlelady yields. I now recognize Mr. Mann
for 5 minutes.
Mr. Mann. Thank you, Mr. Chairman, and thank you all for
being here today.
I represent the Big First district of Kansas, and aviation
is a critical industry in our State, a lot of history. We have
roughly 100 general aviation airports in my district, several
commercial regional airports, a huge footprint in aviation and
aerospace manufacturing.
The FAA Reauthorization Act of 2024 included critical
provisions to ensure that our aviation industries are able to
improve services, bolster our workforce, and promote American
innovation. I am grateful that we now have President Trump
leading the way on fixing problems for the past at the FAA, and
I know that this administration will waste no time in
implementing the provisions set forth in our bill so the
aviation industry can get to work.
Just a few questions. I appreciate what you all do.
Ms. Baker, the 2022 reauthorization created a manufacturing
development program to complement existing ones focused on
pilots and maintenance technicians which would help recruit,
train, and retain workers critical to both safety and industry
competitiveness. Can you share with the committee where the
agency is in implementation of the manufacturing component of
the workforce development program, and any efforts to jumpstart
this program?
Ms. Baker. Could you repeat the manufacture--the start?
Mr. Mann. Well, the specific thing is the manufacturing
development program.
Ms. Baker. Manufacturing development.
Mr. Mann. Yes.
Ms. Baker. I am not familiar with that specific program. I
will have to get back with you on that.
Again, we are committed to recruiting and training and
making opportunities particularly around the area of aviation
workforce grants. We have our fiscal year 2024 submissions that
have come in. We are working to select out of the fiscal year
2024, we are getting ready to do a Notice of Funding
Opportunity for fiscal year 2025 so that there is going to be
workforce grants there.
We are also looking at how we can smooth the transition
between military mechanics and the civilian workforce. So we
are definitely making strides in that area. We can look into
the specifics of the program you asked.
Mr. Mann. Okay, and we can get you more specifics on our--
--
Ms. Baker [interrupting]. I appreciate that, thank you.
Mr. Mann [continuing]. Question, as well. So thank you.
One of FAA's most successful Government-industry
partnerships, I believe, is the FAA Contract Tower program, as
was previous referenced. I was proud to see several of my
priorities to strengthen the program and its workforce included
in the reauthorization, and look forward to the FAA
implementing these provisions to ensure their stability at FCT.
A few years ago, the FAA moved administration of the FCT
program to the Program Management Organization, PMO. This
reorganization separated the FCT program from Air Traffic
Services, and I am concerned that the separation from air
traffic control practitioners and operational perspective has
eroded the collaborative spirit that made it work so well for
decades.
So a quick question, Mr. McIntosh. Can you provide me with
the rationale as to why the FCT program was moved to PMO from
the Air Traffic Services?
Mr. McIntosh. Yes, sir. I would be happy to. And hopefully
I can give you some idea of the organizational structure to
give you a little bit of comfort there.
Mr. Mann. Yes.
Mr. McIntosh. So the PMO, it is under the Air Traffic
Organization, and then we have an Air Traffic Service unit, so
the Air Traffic Service unit oversees air traffic controllers,
things along that line, where the PMO oversees the programs.
The PMO is--they have specialties in contracts and the
execution of those contracts. So those vice presidents and
those deputy vice presidents, they sit in the same room next to
one another, it is just we have specialization from the PMO
that oversees that contract. But air traffic is there all along
the way to make sure that they are giving information on the
operational needs of those FCTs.
Mr. Mann. Okay, thank you. That is helpful.
Just a final question--and that would be for you again, Ms.
Baker--section 818 of the Reauthorization Act directs the FAA
to take action to eliminate the backlog of part 135 air carrier
certificate applicants. I understand the current application
acceptance or rejection time is now down to 31 days, due to
FAA's appropriate actions. We have made tremendous progress.
What lessons did the FAA learn in the process of eliminating
the backlog, and has the agency made any changes to ensure that
application approval times don't balloon again?
Ms. Baker. Thanks for the question. I think we did a couple
of things.
I think, first, we dedicated a specific team to doing these
reviews, so that became their full-time job. So, specialization
of experience and a dedicated team is definitely one thing.
Additionally, we are looking at how can we leverage
delegation to help people through the 135 certification
process, particularly for low-risk or more simple 135
certification, which means essentially there is a lighter touch
by the FAA so it can go more quickly.
Mr. Mann. Great. Thank you.
With that, Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr. Garcia
of California.
Mr. Garcia of California. Thank you very much, Mr.
Chairman.
Of course, thank you to all of our witnesses that are here,
as well. Thank you for being here.
Obviously, the American public is incredibly concerned
right now about the safety and stability of our air traffic
control system and the FAA more broadly. I think we are seeing
that. I certainly hear it when I go back home. This is a top
concern of folks back in the communities I represent.
Now, this week, we have seen delays for up to 7 hours, of
course, at Newark Airport--we have discussed that today--
because of reduced capacity and extreme understaffing. In my
home airport in Long Beach, California, I have also talked to
air traffic controllers. We are short the staffing levels that
we need for people to really feel safe.
And I also just saw reporting this morning that air traffic
controllers in Denver actually lost radio communications for
about 6 minutes on Monday. So just really briefly, Mr.
McIntosh, can you confirm if that reporting is actually
accurate?
Mr. McIntosh. Thank you for the question. Some of it we
feel is accurate, but I don't think the severity of it was
captured correctly.
So, on Monday, at Denver Center, there was a loss of one of
the frequencies. And an area in Denver has multiple frequencies
that they have. But we did have aircraft on one frequency, and
the controllers went to their backup frequency. Every facility
has got a main and a backup. When the backup went down--and it
went down for approximately 2 minutes--the controller recovered
via the emergency procedures that they have, and I believe it
was down for approximately 2 minutes.
We also have access to another frequency, which is 121.5.
That is the emergency frequency that is all throughout the
country. So the controller went to 121.5, which was at their
workstation, was able to transmit to the aircraft to come up to
a secondary frequency for the aircraft to listen to.
It is also important to note that the aircraft at the time
of that frequency outage were--they were all separated by air
traffic procedures and separation standards. There was no loss
of separation.
I know it said 6 minutes. I think that was overexaggerated,
sir.
Mr. Garcia of California. Okay, well, thank you. I mean,
obviously, regardless of the time, any time there are these
outages, which are happening now, of course, more regularly, it
is very concerning. And that reporting this morning adds to, I
think, the concern of members of this committee.
Now, we know that there are staffing and equipment problems
at air traffic control. We know that the problems have gone
back decades in some cases. But it is still an absolutely
shocking system failure, and we need immediate solutions.
Now, this committee, of course, did great work last year by
passing an FAA reauthorization bill that makes important
investments, but there is still much work left to fix the
staffing challenges and build up modern infrastructure.
And I personally believe that the administration's policies
have been inconsistent and incoherent with that work. Of
course, they fired FAA employees, which we know has been
brought up many times. Of course, Elon Musk and DOGE sent out
their deferred resignation offer to Government employees. More
than 700 people at FAA accepted that offer, and that's even
with the admins backtracking and scrambling to keep critical
staff.
On top of that, experienced leaders across the agency are
resigning--you all know this--including the heads of air
traffic control and the Commercial Space Office.
Then to cap all this off, Secretary Duffy suggested there
might even be more layoffs later this month, which is
completely unacceptable and crazy. This is not a way to run an
agency, especially if one--if we all need to know--and know
that huge investments are actually needed in the workforce,
technology, and infrastructure. So I am really glad that you
are all here to give your expertise today.
For me, I can tell you that my single biggest question is
what is the actual plan from Donald Trump--the President--and
Secretary Duffy? There does not seem to be a master plan. Are
there going to be more layoffs? What positions are going to be
eliminated? What does the funding plan look like?
Secretary Duffy has said we are hiring more air traffic
controllers, which is great if it happens. We all agree. But we
also know that people in the FAA's Aviation Safety Division,
Aircraft Certification Office, Flight Standards Office, and the
Air Traffic Organization, folks that were fired in this last
year--and we know many of them have yet to be rehired. So we
are awaiting those changes.
Now, we know how important it is to get our systems right
and update our radar and telecom systems. It is really
concerning, of course, in the aftermath of what has happened
here, the crash in DC in January, that we had Elon Musk, a
White House employee, using the crisis, in my opinion, to try
to make himself even richer. Now, he tweeted multiple times
about having his own company take over a multibillion-dollar
Verizon contract.
Mr. Collins, I know the Inspector General's Office is
looking into this, as well, but I have to ask. Since January,
has the FAA awarded any contracts to any of Mr. Musk's
companies?
Mr. Collins. I would have to get back to you on that.
Mr. Garcia of California. We would definitely like to know
that. Do you know if there are any plans to give new contracts
to SpaceX or Starlink?
Mr. Collins. Our understanding is that there is a contract
with Starlink, but it----
Mr. Garcia of California [interrupting]. Do you know how
much that--do you know the worth of that contract?
Mr. Collins. I will need to get back to you on the
specific----
Mr. Garcia of California [interrupting]. We would love to
know that. And I am going to wrap up. And Mr. Collins, can you
think of other examples when the FAA is contracted with
companies owned by administration officials who are also
helping make staffing and personnel decisions at your agency?
Mr. Collins. We are unaware of such circumstances.
Mr. Garcia of California. Thank you for that, and I
appreciate the honesty with that.
Mr. Chairman, I yield back.
Mr. Nehls. The gentleman's time is expired. Mr. Collins,
you are recognized for 5 minutes.
Mr. Collins of Georgia. Thank you, Mr. Chairman.
Ms. Baker, a 23-year career with the FAA. Thank you,
congratulations. When I saw you, I had these two questions in
mind that I wanted to go over with you, if you don't mind.
And I have only been up here--this is my second term, but I
have been meeting continuously with the aviation industry and
the community, and I want to go over one of the most common
challenges that I continuously hear, and that is the burdensome
and slow certification process as compared to our foreign
regulators such as--and I don't know if I--EASA, is that how
you pronounce that?
Ms. Baker. You got it.
Mr. Collins of Georgia. Yes. As a matter of fact, I have
been told that an American company, if you want to get it done
faster, you just register as a foreign--in one of the European
countries, get it certified over there, and then the U.S. will
pretty much just write it off and certify it automatically. But
if you stay here, it takes exponentially longer.
So what is the FAA doing to minimize these redundancies in
the aircraft certification process?
And how is the agency improving procedures for these
reciprocal approvals?
Ms. Baker. Thanks for the question, and thanks for
recognition of 25 years at FAA.
Mr. Collins of Georgia. I am sorry, I cut you by two.
Ms. Baker. Thank you. So we have done a couple of things.
We have heard similar criticism that certification can happen
more quickly overseas. Obviously, we have a bilateral agreement
with various certification authorities, including EASA, which
is designed to smooth that process of certification between two
countries.
We have contracted Mitre, the Mitre Corporation, to do a
review of our type certification process to identify those
efficiencies that we can find.
Additionally, we are working to train our engineers. We
have a skills enhancement program that we have incorporated to
allow our engineers to learn--essentially, learn from the
industry and learn more about the products. Sometimes part of
certification challenges is getting something new, something
new that doesn't fit into the regulatory system. We have to
develop a special condition on how to certify it, and that can
be a lengthy process. And by building up greater knowledge
within the certification staff, that allows us to go through
that special condition process more quickly.
Mr. Collins of Georgia. I am glad to hear that, too,
because I think that is one of the things that a lot of the
people in the private industry tell me is if there could be
more public-private collaboration--because the industry is
changing so fast, and they are on the cutting edge of it, where
you are just trying to certify it. And that may be a good
solution for that.
Also I want to go over something else. I don't know if you
are aware--I am sure you are--but I offered an amendment to the
FAA reauthorization bill directing the agency to study the
certification and airspace integration of hypersonic passenger
aircraft so that we can get ahead of the curve and stay in
front of China and ensure that the FAA is ready when this new
technology gets off the ground. I want to ensure the hypersonic
manufacturers don't deal with the same delays that we were just
talking about on new entrants that they face in recent years.
Has the FAA begun working with NASA and aviation stakeholders
to put this framework together?
Ms. Baker. Yes, we have.
Mr. Collins of Georgia. Is there any further update than
that?
Ms. Baker. We are in fairly early stages, but we are
working with NASA to implement that particular provision.
Mr. Collins of Georgia. Yes, I know there are companies
right now that are ready to test-fly these things and sitting
on ready. So I don't know if you have got a completion date in
mind.
Ms. Baker. Not a specific date, but we are aware of the
company in particular, and we are working with them.
Mr. Collins of Georgia. Yes, ma'am. Okay, thank you.
Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms. Pou
for 5 minutes.
Ms. Pou. Thank you, Mr. Chairman. I echo my colleagues'
many concerns on the recent turmoil at Newark Airport.
I represent the northern region part of New Jersey. Newark
Liberty is one of the busiest airports in our Nation. It is a
central part of our region and Nation. Our economy, our
constituents, and tens of millions of Americans rely on it
operating. Newark is also a major economic engine in our
region, supporting tens of thousands of jobs and connecting New
Jerseyans with the world.
The repeated failures are completely unacceptable. They
have led to thousands of delayed and canceled flights. They
have shaken the confidence of the public and badly damaged the
reputation of the airport. I am truly disappointed that Acting
Administrator Rocheleau is not with us today, just as I am
disappointed that the President has yet to nominate a permanent
FAA Administrator after forcing the last one out.
At all times, but especially at this moment, we need
strong, reliable, and forward-looking leadership at the FAA. To
that end, last week, I led a letter with Ranking Members Larsen
and Cohen to the acting FAA's chief seeking answers by May
20th, and we certainly expect to get them.
Additionally, yesterday, I joined with my New Jersey
delegation colleagues, calling for an immediate surge of at
least $2 billion to address the ongoing situation at the Newark
Airport.
We need three things right now. We need answers, we need
urgency, and we need funding.
Mr. McIntosh, 3 air traffic controllers were on duty the
other day, instead of the recommended 14. How frequently does
this happen?
And is there a minimum number of air traffic controllers
who must be on duty at any given time?
Mr. McIntosh. Thank you for the question.
So yes, you are correct. For 1 hour, we did go down to
three controllers in the Philadelphia Area C TRACON. That is
atypical. It does not happen often.
As far as how many controllers do you need, we have worked
on mid-shifts with just one controller, and that is normal
because traffic volume is down for a mid-shift. And we have two
controllers to basically give each other a break, one that will
come in and they will rotate coming through. For a swing shift
that is very, very unusual, ma'am, but that is based--we had
some staffing losses the day of the shift unexpectedly.
So the FAA did what the FAA always does when we have a
shortstaffed facility or an extremely shortstaffed area, which
we had the night that you are speaking to. When those kind of
events occur, ma'am, the FAA will put in traffic management
initiatives. And the night that you are speaking to, we put in
a short ground delay program, which slowed down the traffic to
ensure that a controller working one position by themselves can
handle that volume and that traffic complexity safely and
efficiently.
Ms. Pou. Now, you realize that--and this, I think, is
important for us to point out--so it clearly, clearly--it
outlines--and if you want to talk, let's talk in clear
language. What is the risk of being so understaffed? Because
clearly, we already have experienced a number of different
incidents all throughout the country, but especially in those
particular areas where it is highly, highly utilized.
Mr. McIntosh. Yes, ma'am----
Ms. Pou [interrupting]. So what is the risk that we have
right now? And please do so quickly because I would like to
make sure that you, if you get a chance, that I want you to try
to answer, as well, do you believe that Newark Airport would be
facing these issues today if FAA kept Newark within the New
Jersey TRACON region, instead of relocating it to Philadelphia?
Mr. McIntosh. The----
Ms. Pou [interrupting]. So, two questions.
Mr. McIntosh. The move to Philadelphia was absolutely
necessary to prevent----
Ms. Pou [interrupting]. Why?
Mr. McIntosh [continuing]. What we saw the other night.
N90, the facility that owned that airspace, after over 10 years
of incentives, the staffing continued to go down. And the long-
term projections of that facility showed that they were going
to be in really poor shape, staffing-wise, where traffic
management initiatives that caused extreme delays weren't just
atypical, they were going to be commonplace. We did not have an
adequate pipeline of controllers wanting to go to N90. We
needed to move the airspace because----
Ms. Pou [interrupting]. You----
Mr. McIntosh [continuing]. There are only----
Ms. Pou [interrupting]. You are still understaffed in
Philadelphia. You are now questioning and talking about folks
not wanting to be in New York, but go to Philadelphia. If you
were understaffed in Philadelphia, why would you expect that
they would be in the position of being able to control both of
those airspaces?
Mr. McIntosh. It is only one airspace, ma'am.
Ms. Pou. Well, but----
Mr. McIntosh [interrupting]. It is only one airspace.
Ms. Pou [continuing]. We are talking about a lot of the
incidents and problems----
Mr. McIntosh [interposing]. Yes, ma'am.
Ms. Pou [continuing]. That have occurred, thank you.
Mr. McIntosh. I want to make sure I address your question.
We moved the airspace because we had a lack of a pipeline.
Since we moved the airspace, I have CPCITs. That means
professional controllers who are volunteering to go there.
Before, the only option we really had was sending academy
graduates to the most congested airspace in the country. The
success rate of our academy grads for the last 10 months at
that facility was 23 percent. Only 2 out of 10, essentially,
were going to make it through the program.
I have now moved the airspace. I have a high-fidelity
training program over at Philadelphia Area C, as well as
experienced controllers wanting to go there. Every class spot
that I have at Philadelphia Area C now through 2026 is filled
with a candidate that has got experience to work that level of
traffic. That is why we moved the airspace.
What you saw as far as ground delay programs due to
staffing shortages is something that airspace would have seen
in the coming years, and it would have lasted for a long time.
That airspace move was necessary to ensure that we had enough
controllers to work that airspace for the foreseeable future.
It was going the wrong direction. And while I know there is
some pain points now, what you are seeing now is what it would
have been exponentially worse in the future.
Mr. Nehls. All right. Thank you----
Ms. Pou [interrupting]. Thank you, Mr. Chairman, I yield
back.
Mr. Nehls. Thank you.
Mr. Knott, you are recognized.
Mr. Knott. Thank you, Mr. Chairman.
To all the witnesses, thank you for your testimony, thank
you for the expertise that you are bringing. And we certainly
appreciate this discussion, as it is very important to all of
us who utilize air travel so frequently.
Mr. McIntosh, I want to talk to you first. It seems as
though there is a common thread to a lot of these problems,
which is either understaffing or a de minimis number of people
seek out to be an air traffic controller. One issue that I
would like to talk about is the academy in Oklahoma. And
obviously, we need to support and boost that program, but would
it make sense to authorize either satellite campuses or
additional footprints around the country to try to attract more
air traffic controllers?
Mr. McIntosh. Thank you for the question. We are exploring
Collegiate Training Initiatives, so college training programs,
and we have enhanced college training programs put in place
now.
We have--right now our CTIs--if someone comes out of a CTI
school that teaches air traffic academia, they are a candidate
pool for our FCTs, our Federal contract towers, which is
welcome news to them.
Mr. Knott. Yes.
Mr. McIntosh. Because right now their talent pool, really,
is retired controllers. But this allows them to grab people
coming right out of those schools.
What we have done now is we have Enhanced Collegiate
Training----
Mr. Knott [interposing]. Sure.
Mr. McIntosh [continuing]. Initiatives. These schools
actually have applied for us, the FAA, to come in and validate
their programs and say that they meet the same criteria that a
student would have gone through the academy----
Mr. Knott [interposing]. Yes.
Mr. McIntosh [continuing]. Meaning that when they graduate
from this Enhanced CTI, when they graduate, they have the
necessary background and education to go to an FAA facility
directly. They bypass the academy.
The additional requirements would be they would have to
pass the Air Traffic Skills Assessment, same as you would for
the academy, anyway. And of course, you need a medical and you
need a security clearance, rightfully so.
With these programs, that will add to----
Mr. Knott [interrupting]. About how many of those programs
do you have?
Mr. McIntosh. So, right now, we just rolled the program
out. We have 5 collegiate--5 programs that have been accepted,
but another 30 that have expressed interest. So it is still in
its infancy.
Mr. Knott. Okay.
Mr. McIntosh. We need to allow it to mature.
We are going to see our first round of graduates, and we
are estimating 40 this spring. I know it doesn't sound like a
lot, but we will see that number ramp up with more schools
applying and being accepted. And when we start talking about
where we are, if you get another 200, 250, it makes a
difference.
Mr. Knott. A huge difference. Yes, sir. And in regards to--
do you see any issue in, again, having two campuses of the
academy, or is one meeting the needs of the day?
Mr. McIntosh. Right now, we have the main campus. We are
looking at regional training centers right now that kind of
help take some of the burden off of the academy. We are not
looking to take any student away from the academy.
Mr. Knott. No.
Mr. McIntosh. We are just looking to rapid fire and assume
some of the other additional courses. So we are looking at
regional training. We actually are going to do regional
training in Atlanta----
Mr. Knott [interposing]. Okay.
Mr. McIntosh [continuing]. And it makes sense to do so.
As an air traffic controller, I am sure you can imagine,
your training is never over.
Mr. Knott. No.
Mr. McIntosh. You continue to go through your whole entire
career, and you learn. So the ability to go to a regional
training center and perhaps do an intermediate class----
Mr. Knott [interposing]. Yes.
Mr. McIntosh [continuing]. And let the academy focus on
just putting people through to be future air traffic
controllers, that is what we are concentrating on now.
We are exploring other options, as well. It is vital to our
success to make sure that that pipeline is robust and is full.
Mr. Knott. Right, and more locations would, arguably, add
to the pipeline cultivation.
Mr. McIntosh. I wouldn't be able to argue with that, sir.
Mr. Knott. That's right.
And just on a secondary issue, in terms of artificial
intelligence going into the space, have you all already seen
that coming in, or is it something you are preparing for?
And how is that going to affect the future of air traffic
controlling?
Mr. McIntosh. I know that AI has been discussed, but I
don't know if it has been anything more than just--nothing
concrete to actually put into a plan. We have spoken about,
what is the role of AI, but I haven't seen anything concrete to
move that forward, other than just conjecture at this point,
sir.
Mr. Knott. And are there any models around the world that
utilize artificial intelligence in air traffic control?
Mr. McIntosh. Yes, I couldn't answer that question right
now. The only AI I am aware of is some data analysis that our
ASIAS group is doing. That is to basically take some of the
data on safety trends and start identifying trends with an AI
piece.
Mr. Knott. Okay.
Mr. McIntosh. But as far as air traffic control, no, sir, I
am not aware of any.
Mr. Knott. Okay. Mr. Chairman, thank you. I yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms.
Friedman for 5 minutes.
Ms. Friedman. I want to thank the witnesses for being here
today, and certainly the chair and the ranking member for
holding this important hearing.
Before I was in Congress and before I was in the
legislature, I actually sat on the Hollywood Burbank Airport
Commission for 6 years. I really enjoyed my time there, worked
very hard to get an approval for a new terminal which is a
350,000-square-foot new terminal that will be much, much safer
for the traveling public than the current 1930s, 1920s
terminal.
We have heard a lot of discussion today around the impacts
of the DOGE cuts to personnel at FAA, to layoffs, to over 400
probationary employees being laid off. I want to shift gears
away from the air traffic control discussion and a little bit
more towards airports like Burbank that are undergoing
construction.
The airport received several grants from the Airport
Terminal Program, including almost $10 million for this year.
This is critical funding for the airport to continue its
construction to keep people safe when they are traveling. But
they have raised concerns regarding the staffing at the FAA
because they need that staffing to be able to process and
review their grant applications, to make sure that they are on
track for everything that they need to do for their NEPA
documents, for the airport layout plans. So that staffing is
critical to airports that are under construction.
The FAA Reauthorization Act of 2024 included around 500 new
requirements for the FAA, all of which require sufficient
staffing. So with those employees being laid off, the 400
probationary employees that the administration laid off and the
others that took early retirements because of the DOGE
requests, I am wondering how those airports are going to get
their requests processed on time.
Committee Democrats have sent several oversight letters to
the FAA asking about how the mass layoffs are going to affect
the airport's statutory requirements with the reduced staffing,
and we haven't gotten a response from the FAA. My guess is that
there is nobody there to actually give us a response because
they were probably laid off.
So, I wanted to ask Ms. Baker, with reduced staffing, how
does the FAA ensure a smooth and timely response for critical
safety projects like the one at the Burbank airport?
Ms. Baker. Mr. Heibeck, would you like to answer about
airports?
Mr. Heibeck. Sure, I could take the airports questions.
Thank you very much for your question, Congresswoman. We
are monitoring the situation.
The first thing I want to say, any probationary employee
that wanted to return to work is back at work at the FAA.
Secondly, anybody who has voluntarily decided to take the
deferred resignation program, we are watching and monitoring
that closely, and where we find a need, we will work across
geographic boundaries to fill that gap.
About your point about the safety-critical infrastructure
projects, our engineers are exempt from the deferred
resignation program, so they pretty much oversee all the
construction of those----
Ms. Friedman [interrupting]. In terms of the grant
applications, of which I am sure you received numerous grant
applications all the time, the people who are helping doing the
NEPA reviews, all of those processes, also require personnel.
That is what people in this part of Government do. And there is
just a lot less of them now. So, there is a real concern.
Mr. Heibeck. And all of those things are a higher priority
for us, and we are prioritizing our regulatory and legislative
responsibilities to the extent we need to. But I can assure you
that continuing to ensure that critical safety infrastructure
projects advance is our top priority.
Ms. Friedman. Good, I am glad to hear it, and I hope that
the staffing levels are brought up so that we can reflect that.
I want to switch gears to something I don't think has been
talked about, which is drones. So I represent Hollywood. I
represent the Hollywood Bowl, Universal theme park, the Rose
Bowl. These are all areas that are large, public venues that
have thousands of people who are in outdoor spaces.
Now, there is a lot of positive use of drone technology, of
course. Now, Universal and other designated entities listed in
the FAA Extension, Safety, and Security Act from 2016 have to
be able to mitigate potential safety risks posed by
unauthorized drone risk.
In 2024, Congress again updated the deadline for rulemaking
to be 90 days after the enactment of the most recent
reauthorization bill, but we still haven't seen a notice of
proposed rulemaking. And our venues, our public venues, are
very concerned. We have the Olympics, we have the World Cup
coming. We have tens of thousands of people at our theme parks
every single day, and we haven't seen the rulemaking to keep
the public safe with regard to unauthorized drones. And I am
wondering if anyone can comment.
Ms. Baker. So I think yesterday there was a press release
from the Department of Transportation showing that those rules
have continued through the review process and have proceeded to
the Office of Management and Budget. So we are getting very
close to releasing the NPRM for beyond visual line of sight in
2209, critical infrastructure.
Ms. Friedman. Good. Well, I hope that this time those rules
get done, and I hope that they are very protective of the
public as their number-one goal.
Thank you, and I----
Ms. Baker [interrupting]. We are----
Ms. Friedman [continuing]. Yield back.
Ms. Baker [continuing]. Eager to see those out.
Mr. Nehls. The gentlelady yields. I now recognize Ms. King-
Hinds.
Ms. King-Hinds. Thank you, Mr. Chair. Good afternoon.
I represent the Commonwealth of the Northern Mariana
Islands, a Territory in the Indo-Pacific, located closer to
Taipei than to Washington, DC. Our islands are home to forward-
operating ports and runways that are vital to America's
presence and national security posture in the Pacific. So as we
review the implementation of the FAA Reauthorization Act of
2024, I want to underscore a key principle: national security
is not just about force projection; it is about economic self-
sufficiency in places that matter strategically.
The resilience of our infrastructure directly affects the
reliability of our deterrence posture. So if our ports cannot
support steady civilian and commercial operations, they cannot
be relied on in a time of crisis. When we fail to invest in
economic sustainability for frontline jurisdictions like the
CNMI, we erode readiness, weaken logistics, and leave the Indo-
Pacific less stable. So investing in CNMI ports, airports, and
workforce capacity is not a matter of regional equity; it is a
matter of national security interests.
And what I have found since my time here in Congress--this
is my first term--is that it is not that people don't care or
they are not interested, it is that there is a lack of
information with regards to how some of these policies are
impacting the CNMI. And so this is not really a question, but
an ask to Mr. Collins to see if we could actually get a CNMI or
Territory-specific with regards to the implementation of the
FAA Reauthorization Act, how the rules work towards economic
development, how ports are critical to the economic development
of these regions, and how the strategic value of the ports play
towards the broader national security conversations.
We rely on the GAO reports to make informed decisions. I
was trying to find CNMI-specific or insular area-specific
studies that have been done with regards to some of the manner
in which the FAA Reauthorization Act has applied to our area. I
didn't find any. And so it would be just great to actually have
something on record, given the fact that we lack a lot of data
and there are very minimal conversations out there with regards
to some of these rules.
Mr. Collins. So we would be happy to work with your staff
and talk about a potential request around those issues.
Ms. King-Hinds. Thank you.
I yield my time, Mr. Chairman.
Mr. Nehls. The gentlelady yields. I now recognize Ms.
Gillen.
Ms. Gillen. Well, thank you, Mr. Chairman, and thank you to
all of our witnesses appearing here today.
I am proud to represent New York's Fourth Congressional
District on the South Shore of Long Island, which is home to
New York TRACON, which is commonly referred to as N90. N90
plays a critical role in maintaining and managing the most
complex and congested airspace in our country, including
LaGuardia, JFK airports.
Despite the strong objections of the New York congressional
delegation last summer, the FAA needlessly relocated 12 air
traffic controllers responsible for overseeing Newark Liberty
International Airport from N90 on Long Island to Philadelphia.
This reckless decision not only uprooted critical civil
servants from their families, from their friends, from their
lives, it put the safety of our airspace at risk.
The FAA finalized a safety report in 2022, which clearly
spelled out major issues that could arise, including data
outages resulting in loss of communication lines and
surveillance support. The report classifies these risks as a
``major hazard.'' But the FAA claimed that there was only a
medium overall risk because, in the FAA's estimation, the
likelihood of an outage was ``extremely remote.''
Mr. Chairman, that is exactly what has happened. Twice over
the last 2\1/2\ weeks, radar and communication systems that
help controllers direct planes in and out of Newark failed for
as long as 90 seconds at a time. This left controllers unable
to see or talk to planes in the area. I am going to repeat
that. This left controllers unable to see or talk to planes in
that area, the most congested airspace in our country. This led
to major delays and cancellations, and left passengers
stranded.
Mr. Chairman, I would like to enter this article from May 9
into the record. The article quotes a former air traffic
controller and current professor of aviation who calls the
FAA's calculation on the likelihood of an outage ``out of step
with operational reality.'' The article also quotes the former
inspector general of the Department of Transportation, who
accuses the FAA of downplaying the risk of the move and calls
the recent outages terrifying.
My question is for Mr. McIntosh and Ms. Baker: Do you still
agree with the assessment in the report that the risks
associated with this move were extremely remote?
Mr. McIntosh. Yes, ma'am, I do.
Ms. Gillen. Why is that, sir?
Mr. McIntosh. We followed the safety risk panel. We took
everything into account as far as our redundancies and our
known telco providers and what they could provide, years of
reliable service, and the way that this is done, and we have
had this same setup that we have in Philadelphia Area C across
the country.
Ms. Gillen. So you think two incidents in 2\1/2\ weeks is
okay?
Mr. McIntosh. I didn't say that, ma'am.
Ms. Gillen. So you--but you don't think it's remote?
Mr. McIntosh. I do believe that it's remote.
Ms. Gillen. You do believe it's remote.
Mr. McIntosh. Yes, ma'am.
Ms. Gillen. Even though it happened twice in 2\1/2\ weeks.
Mr. McIntosh. The two outages were related to the same. So
once they identified--once we were able to work with the telco
provider who was providing the service to the FAA and we
identified exactly what occurred, we provided the necessary
mitigations to prevent that from happening again.
Ms. Gillen. Ms. Baker, do you agree with that assessment?
Ms. Baker. I agree that air traffic did a safety risk
management panel, and they found what they found.
Ms. Gillen. Well, I think that if it happened twice in 2\1/
2\ weeks, that's not remote, sir.
Knowing what you know today, would you still make that same
move, Mr. McIntosh?
Mr. McIntosh. Yes, ma'am, I would.
Ms. Gillen. Ms. Baker?
Ms. Baker. This is air traffic. Air traffic would still
make the same decision.
Ms. Gillen. And have you talked to union members who have
who have said it is making their jobs extremely difficult to
have to get on a phone call to talk to someone many, many miles
away to talk about the airspace that they are trying to keep
safe?
Ms. Baker. I defer to----
Mr. McIntosh [interrupting]. Yes, ma'am, I was----
Ms. Baker [continuing]. Mr. McIntosh.
Mr. McIntosh. I went and visited Philadelphia Area C the
very next day, as well as Secretary Duffy. We spoke with
multiple controllers, as well as multiple managers at
Philadelphia Area C to assess exactly what was going on. And we
also deployed a team of technicians and senior executives that
worked with the provider as well as our support mechanism to
provide that mitigation to ensure that that didn't happen
again.
Ms. Gillen. And in this article, the air traffic
controllers talked about extreme trauma that they experienced
because of these outages. Are you taking any consideration of
how your air traffic controllers feel with this move?
Mr. McIntosh. Yes, ma'am. Our controllers' mental welfare
is always one of our top concerns. We care about our employees.
That move was necessary to ensure the vitality of the New York
market remained in an upward trajectory versus where it
currently was and what we were forecasting it to be.
Making moves like this aren't easy decisions, but we made
the decision what was in the best interest of the NAS and also
in the best interest of the flying public.
Ms. Gillen. Well, are you still----
Mr. Nehls [interrupting]. The gentlelady's time is expired.
If you want that entered into the record, Ms. Gillen, I will do
so, without objection.
[The information follows:]
Article entitled, ``Internal FAA Report Downplayed Risks of Data Outage
Affecting Newark Air Traffic Controllers,'' by Blake Ellis, Casey
Tolan, and Kyung Lah, CNN, May 9, 2025, Submitted for the Record by
Hon. Laura Gillen
Internal FAA Report Downplayed Risks of Data Outage Affecting Newark
Air Traffic Controllers
by Blake Ellis, Casey Tolan, and Kyung Lah
CNN, May 9, 2025
CNN--Before the FAA moved air traffic controllers who oversee the
Newark Liberty International Airport airspace to a new site in
Philadelphia last year, the agency's experts concluded the odds of a
dangerous communications breakdown were extremely unlikely: 1 in 11
million, according to an internal report obtained by CNN.
In reality, the safety concerns officials downplayed appear to have
occurred multiple times since the new system went into place last
summer, according to multiple controllers.
Data outages--including a failure of about 90 seconds of radar and
radio service last week--have repeatedly left controllers without the
ability to see the locations of planes they were tracking. The problems
led to several controllers taking trauma leave from work and sparked
the massive flight delays and cancellations that have roiled Newark
over the last week and a half.
Yet a 2022 FAA report about the relocation concluded that despite
the ``major'' severity of a potential data outage, there was only
``medium'' overall risk because the chance of it happening was
``extremely remote.''
Aviation experts told CNN that the conclusions in that report--as
well as another report from 2024 that evaluated risks of air traffic
controllers in two different locations struggling to coordinate--should
raise questions about the agency's safety analysis.
Mary Schiavo, who served as inspector general of the Department of
Transportation during the '90s and reviewed the reports for CNN, said
she thought the conclusion on the likelihood of the data feed failure
was ``outrageous and terrifying.''
``There was the added risk because they were creating a
Frankenstein patchwork'' of multiple data systems, Schiavo said. While
the report found that failures of the radar data transmission ``would
be a major hazard,'' the reviewers appeared to be ``downplaying it
because they didn't think it would happen,'' she said.
An FAA spokesperson did not respond to questions about the safety
reviews but said in a statement that the agency ``applies our standard
safety risk management methodology when we implement new equipment,
operations, and procedures; when we make changes to them; and when a
safety issue is identified in the system.''
A spokesperson for the air traffic controllers union, NATCA, which
had several members participate in the safety review process, declined
to comment.
The ``Safety Risk Management'' reports were conducted as the FAA
planned to relocate air traffic controllers overseeing planes headed to
and from Newark. For decades, they had worked alongside other
controllers who covered the approach to John F. Kennedy and LaGuardia
airports from a facility on Long Island.
But in response to staffing and training issues at that site, the
FAA moved about two dozen controllers to a new facility in Philadelphia
in July 2024.
The 2022 study, which was conducted by a panel of 11 FAA experts
and representatives from the union, evaluated the technological
challenges of that move. According to the report, radar data on planes
headed to and from Newark would be transmitted from the Long Island
facility to the new location in Philadelphia via eight commercial
telecommunications infrastructure lines.
A FAA spokesperson did not respond to a question about whether all
eight lines were actually installed and are currently active.
In the 2022 study, panel members identified ``loss of
telecommunications lines'' between Long Island and Philadelphia and the
resulting ``loss of automation services and surveillance support'' as a
potential hazard. They decided that an outage would have a ``major''
severity, as controllers ``would have insufficient means to surveil
aircraft'' and be hindered in their ``ability to continue to vector
aircraft safely.''
To determine the likelihood of such a loss in telecommunications,
the panel members reviewed information about previous ``full facility
outages'' at US airports. They concluded that from May 2018 to December
2021, there had only been one full outage at 35 major airports around
the country--a failure lasting six minutes at JFK airport.
As a result, they calculated that the likelihood of an outage in
the Long Island to Philadelphia data lines was about 1 in 11 million--
an ``extremely remote'' chance that allowed them to classify the risk
of telecommunications lines being lost as ``medium.''
The report required the FAA also install additional hardware that
could transmit radar data directly from Newark airport to the
Philadelphia location, so it could still work even if there was an
outage at the Long Island facility. With that change, the panel voted
to downgrade the ``residual risk'' of the problem to ``low.''
The cause of the outages that Newark controllers have experienced
over the past year has not been publicly confirmed by FAA officials.
But aviation experts said that the issues flagged by controllers in
recent months raised questions about the validity of the 2022 report's
conclusions.
Timothy Johnson Sr., an assistant professor of aviation at Hampton
University and a former air traffic controller and training manager for
the US Air Force, said that the idea that there was only a remote
chance of an outage seemed to be ``out of step with operational
reality.''
``While it may reflect past outage data in a general sense, it
doesn't account for the complexity, volume, and interaction density''
associated with the unique Long Island-to-Philadelphia system, he said.
``Risk isn't just about how often something happens, it's also about
how severe the consequences would be if it does . . . In my view, that
probability estimate was used to justify inaction rather than drive
preemptive safeguards.''
Schiavo, the former DOT inspector general, agreed and argued the
data analysis was conducted in a way to justify the ``extremely
remote'' chance of an outage and ``to put a number on something so they
could ignore the risk.''
Given how controllers losing radar service could potentially lead
to a catastrophe, she said the panel should have weighed that possible
hazard more heavily than the likelihood of it occurring. ``They listed
out all these things that could happen, including losing radar,'' she
said. ``That's exactly what happened.''
A person familiar with the FAA's safety risk management process
told CNN that ``it's not uncommon to have a medium finding'' on risk
assessments, adding that it's rare for reviews to conclude a hazard has
a ``high'' risk. Typically, FAA works to mitigate the ``medium'' risks
and moves forward, according to the person, who asked not to be named
because they were not authorized to comment.
The report also says that some panel members questioned whether the
``bandwidth'' of the system that transfers data from Long Island to
Philadelphia ``would be robust enough to support the level of incoming
data,'' although they did not include that issue as a potential hazard
because the system was designed to handle it.
The FAA said in a statement Wednesday that to address issues at
Newark, the agency planned to install three new high-bandwidth
telecommunications connections between Long Island and Philadelphia to
``provide more speed, reliability and redundancy,'' and replace
``copper telecommunications connections with updated fiberoptic
technology that also have greater bandwidth and speed.'' The 2022
report did not mention the use of copper or fiber technology.
The 2024 safety report, which was finalized just days before the
move took place in late July, covers the procedures for controllers in
Long Island overseeing the approach to LaGuardia and JFK to work with
the Newark approach controllers in Philadelphia.
The report identified several potential hazards with the
arrangement, including ``reduction in situational awareness'' and
``operational personnel confusion/misunderstanding,'' largely because
controllers were used to working in the same room but would now have to
communicate over landlines.
``This relationship has historically relied on in-person/immediate
communication,'' the report stated, adding that some controllers were
concerned ``that efficiency would suffer should in-person interaction
be removed, and the time delay may have an impact on safety.''
The panel concluded that the risk would be reduced because there
would be ``shout lines'' that allow controllers in the two locations to
communicate with each other more quickly than through landline calls.
The report states that ``Tech Ops conducted four live tests to ensure
that (Philadelphia) had sufficient communication with'' the Long Island
facility.
The review concluded that the risks were ``medium'' level and could
be partially mitigated by additional training of controllers.
However, reports filed by several controllers in the weeks after
the shift to Philadelphia show that some of the personnel confusion
issues identified in the study apparently did happen. A half-dozen
controllers filed confidential reports outlining problems with
coordination between the two locations, CNN reported this week.
The controllers' union, NATCA, which opposed the move to
Philadelphia, filed a letter of dissent on the 2024 report, arguing
that the study hadn't been thorough enough and that the FAA hadn't
provided the union enough time to review its plan.
``The failures of the FAA and the rush to complete'' the review did
not allow the panel to effectively evaluate the change, the letter
argued.
The person familiar with the FAA's safety risk management process
confirmed that the 2022 and 2024 reports obtained by CNN were final
versions. The agency also conducted two other safety reports on the
Philadelphia move in 2021, related to airspace realignment and training
waivers, which CNN has not reviewed.
Schiavo said the potential dangers outlined in the reports help
explain the nightmare scenario that unfolded last week when controllers
lost radio and radar.
``It's terrifying what happened,'' she said, ``but when you read
these documents, you understand that they created a mishmash of a
system that really wasn't tested (and) hadn't been done this way
before.''
Ms. Gillen. Thank you.
Mr. Nehls. Mr. Onder, you are recognized for 5 minutes.
Dr. Onder. Thank you, Mr. Chairman, and thank you to all
the witnesses here today.
Mr. Collins, the FAA has spent, in your testimony, $14
billion on NextGen since 2007, with overall costs projected to
hit $35 billion by 2030. Has the GAO seen a good return on this
Federal investment, or is there evidence that we are spending
more for less?
Mr. Collins. We think implementing our open recommendations
would help improve the modernization effort, in particular
around program management and providing cost, schedule, and
timelines for the various initiatives.
Dr. Onder. So you noted in your testimony that the FAA has
yet to implement 9 out of 11 GAO recommendations related to
modernization and delays. Have you identified specific barriers
that prevent the FAA from acting out your recommendations in a
timely way?
Mr. Collins. We have not identified the barriers that FAA
has. What we find helpful is when Congress emphasizes the need
to implement our open recommendations.
Dr. Onder. Okay, good. The act, Mr. Collins, directs the
FAA to maximize air traffic controller hiring and evaluate
limiting factors. Based on your current work, what are the most
significant bottlenecks that the GAO has identified in
preventing the FAA from hitting its hiring targets?
Mr. Collins. So that work is ongoing. That team is focused
on recruiting, hiring, and training. And we hope to have that
report issued in the fall.
Dr. Onder. Yes, and we have heard quite a bit about that
from the other witnesses.
In several areas--controller staffing, drones, airport
infrastructure--you noted the FAA has initiatives underway. Is
the FAA clearly identifying the performance metrics and
outcomes taxpayers should expect from these initiatives?
Mr. Collins. So in our prior work, identifying performance
measures has come up across several of the initiatives
underway.
Dr. Onder. Okay, thank you.
Thank you, Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr.
Figures for 5 minutes.
Mr. Figures. Thank you, Mr. Chairman, and thank you to each
of you for being public servants and also for being here today.
I always say in these things the good thing about seeing me
means that you are getting close to the end most of the time.
But I represent district 2 in Alabama. It is the southern
third-ish of the State. And so from Mobile to Montgomery, a
great aviation history. Tuskegee is in my district, obviously,
the Tuskegee Airmen, a storied history there. Mobile is
currently in the process of building a new international
airport, which--the head nods--is warming to me to know that
you guys know about that. But it is a huge infrastructure
project, a huge investment that the area is undertaking.
Can you guys--Mr. Heibeck, can you tell me the impact that
tariffs are--that you guys are seeing have on construction
projects, or particularly for terminals and airport upgrades?
And how is the FAA looking at ways to mitigate potential
impacts so that it doesn't make these projects unfeasible?
Mr. Heibeck. Thank you for the question, Congressman, and I
just want to say that I met with the Tuskegee airport, so----
Mr. Figures [interposing]. Yes.
Mr. Heibeck [continuing]. They have a good number of
projects there that they are looking at. Unfortunately, I am
not aware at this point of any impacts that the tariffs are
having on our construction projects.
Mr. Figures. Got it. And shifting over to an issue I know
that we have spent a lot of time on today, but the staffing
shortages in general, Ms. Baker, I will direct this one to you.
Recent staffing reductions at FAA have obviously raised
concerns not only about the internal capacity, but also about
the consistency of communication and oversight across the
system. I think we all have the same goal at the end of the day
for these systems to be as safe as they possibly can. What do
you see as the biggest challenge created by the staffing
shortage?
What is the most immediate threat created by the current
staffing environment that we are seeing at the FAA?
Ms. Baker. So again, the great thing about aviation safety
is we have been able to protect so much of our workforce and
maintain a lot of our workforce.
The greatest challenges to us is something that we were
actually accustomed to dealing with, which is turnover of
employees, folks taking new jobs. Again, we are a resilient
workforce, it is not unexpected to us. But every time we move
somebody, there is a spool-up period for learning a new job.
We remain focused on areas of risk, and that always is our
priority.
Mr. Figures. Got it, got it. And coming back to this
airport terminal, Mr. McIntosh, in Mobile, the--oh, I am sorry,
Mr. Heibeck.
With the slowdown in funding streams that we are seeing,
and cuts, and different policy shifts towards grantmaking, how
are we ensuring that growing regional airports like Mobile,
those that need to grow, that are legitimately in the process
of growing, how are we making sure that they can continue to
access those infrastructure funds in this current environment,
those funds authorized by the reauthorization of 2024?
Mr. Heibeck. I think there is good news there in that the
Reauthorization Act--and again, thank Congress for the increase
in Airport Improvement Program funding to $4 billion.
The Reauthorization Act also included other provisions that
expand funding and funding eligibility for smaller airports in
the country. For example, State apportionment funding. The
minimum amount of apportionment for nonhub airports went up
from $1 million to $1.3 million. So I think there is--this is a
step in the right direction, and that the Reauthorization Act
provides a good bit of funding to the small and regional
airports.
Mr. Figures. And is there a lot of unobligated money in
those pots that you just spoke of that has yet to----
Mr. Heibeck [interrupting]. No.
Mr. Figures [continuing]. Reach the airports?
Mr. Heibeck. No, we are fully executing to the law.
Mr. Figures. Okay.
Mr. Heibeck. And I stated earlier that the Airport
Improvement Program for fiscal year 2025 is just getting
underway. We had an appropriation, but it takes a little time
after that to get an apportionment----
Mr. Figures [interrupting]. Get it out the door. And did
the President's funding freezes impact any of that money?
Mr. Heibeck. We just recently announced $790 million in
grant funding under IIJA, and also, as projects under the
Airport Terminal Program are ready to go under grant, we are
doing one final review of those before we are rolling those
grants out.
And in addition, like I said, the AIP will start moving
very shortly.
Mr. Figures. Well, I appreciate it, and I appreciate you
guys' time.
Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr. Wied
for 5 minutes.
Mr. Wied. Well, thank you all for being here. It is great
to see you. My first question is for Mr. Heibeck and Mr.
McIntosh, either one or both.
As we discuss modernization efforts of the National
Airspace System more broadly, it is important to me to ensure
that smaller airports like in my district--we have got two
great airports in northeastern Wisconsin in Green Bay and
Appleton--to make sure that they are not left behind. It is
these airports that don't have, as you know, the 24/7 ATC
staffing that rely the most on critical automated systems like
AWOS and ASOS weather reporting to ensure that operations can
be carried out safely at all hours.
With this in mind, is the FAA committed to ensuring that
smaller airports like ours that rely on these systems the most
are prioritized in any system modernization efforts moving
forward?
Mr. Heibeck. Yes. I would go back again and just repeat
that the Reauthorization Act has made certain changes to
formulas and funding streams, as well as set up new programs
geared toward smaller airports.
There is a secondary runway pilot program instituted by the
Reauthorization Act, as well as a small airport letter of
intent program; usually that was reserved for larger airports.
So, yes, under the great leadership of Congress in setting
forward these provisions, we will execute to that law. And so,
yes, we will support modernization of small airports.
Mr. Wied. Great, all right. So Ms. Baker, as I am sure you
will agree, safety is the primary concern for all FAA
requirements, especially those relating to aircraft
manufacturing. In some cases, the FAA and foreign regulators
have different safety standards or approaches to the
certification process, including high-risk flight testing and
fire protection standards.
Last year's FAA reauth, specifically sections 311 and 313,
instructed the agency to focus on harmonizing these regulatory
standards internationally. Can you provide an update on where
the FAA is at in this process?
Ms. Baker. We have ongoing conversations with our
international partners. We have several regularly meeting
workgroups. We have our certification oversight board. We have
our bilateral oversight board with EASA. So we are always
working on issues of harmonization.
Around improving the type certification process, we have
made an arrangement with Mitre to do a study for us on how to
make the type certification process more efficient, and we are
also taking a look at using flight test or using analysis,
i.e., digital twins, something along those lines, in lieu of
high-risk flight tests. So, we are executing against all of
those provisions.
Mr. Wied. Okay. Thank you. Additionally, the
reauthorization focused on the importance of sufficient
resources and training for FAA's certification workforce. Can
you tell the committee what efforts have been undertaken to
bolster certification personnel in their critical safety
oversight responsibilities?
Ms. Baker. Absolutely. So our certification personnel are
exempt from any kind of hiring freeze, so we continue to hire
engineers to the workforce.
Additionally, we really are leaning into--we call it our
aviation skills--I am drawing a blank on the end of that
acronym. Essentially, what the program does is it gets our
engineers out to manufacturers, not just the manufacturer that
they are assigned to, so they can learn about new technologies
coming into the system, new manufacturing procedures. And we
are sharing that across the larger workforce so they all become
more efficient, they all get better at the work in general.
So, yes, we are doing work around certification engineers.
Mr. Wied. Okay, great, thank you. And lastly, the
commercial drone industry has already provided millions of
dollars in savings while also saving many lives. Recent natural
disasters including wildfires in California, earthquakes, and
flooding in North Carolina have highlighted the critical role
drones play in emergency response.
In order to realize the industry's full potential to reduce
traffic congestion, lower carbon emissions, and improve worker
safety, the FAA must publish rules to allow drone operators to
conduct beyond visual line of sight operations, which right now
is only permitted by exemption.
Section 930 of the FAA Reauth Act of 2024 directed the FAA
to publish a draft of the Visual Line of Sight rule within 4
months of enactment, and that was on September 16 of 2024, and
finalize the rule within 16 months. A proposed rule was
prepared last year, but was stalled at the OMB's Office of
Information and Regulatory Affairs.
So, in February, the proposed rule was resubmitted for
executive level review. Do you have any insights into the
timeline for this rule and when you think it will likely be
published?
Ms. Baker. No one wants this rule out more than I do, and
it did make another step yesterday. It is now back with the
Office of Management and Budget, so it is continuing its
review. It is very close--it goes through that next stage of
review, then it can be published as an NPRM. So it is back with
OIRA.
Mr. Wied. So what would be the hangup? Like, what is
causing the delay?
Ms. Baker. We have got some interagency feedback that we
needed to address at the previous OIRA review, and got some
feedback to incorporate. It's making the rule better, and now
it's moved back along.
Mr. Wied. Okay. Well, thank you all.
I yield back.
Mr. Nehls. The gentleman yields. I now recognize Mr.
DeSaulnier for 5 minutes.
Mr. DeSaulnier. Thank you, Mr. Chairman, and I want to
thank the witnesses for being here. It is exciting, and I feel
a good sense--I think the whole committee does. And I will say
personally, just for having been involved in this bipartisan
effort to reauthorize what was long overdue, and the infusion
of money that the FAA asked for, and the comments now from the
Secretary and the administration to add to that.
But on the other side I still--it is hard to change a
culture. I have said this before, there is this institutional
deviation when it comes to aviation, where we recognize that
there is risk and there has been not the proper investment, but
it is sort of acceptable. So one of the real challenges I sense
is the level of urgency, why you have to be methodical and you
have to be thoughtful.
There is still is--we are in a race against time. We have
been for some time. And all those near-misses were warning
signs of a system that needed this investment. So I just say
that as an overall observation, and if any of you have any
comments, please be specific on my questions.
Mr. McIntosh, last week, Ranking Member Larsen and I were
in the SFO tower. I represent an East Bay district. I have
spent a lot of time with your members, particularly on the west
coast. One of the things that came up was not just attracting--
and I like everything you are doing about incentivizing people
to get in, so I would like to ask two questions of you.
Something came up in that conversation that should be obvious
to all of us: burnout of people who are right at the prime of
their career.
So a lot of what the conversation there was was retention,
that people are leaving early or they are not working at close
to what their full, attentive, trained capacity is because of
the burdens right now while we wait for this infusion.
And the second part of the question is, how do we go
upstream? We know that the--as you said, in your background,
that the military was the perfect training for you, for pilots.
And this goes to comments I have had from a famous pilot in my
district who has called me and said about kids coming out of
the academy as pilots have never flown in real inclement
weather in-person. So they go off to the regionals, and his--
and I have heard this from other pilots--is they are not ready.
So, how do we, first of all, deal with the retention right
now, the urgency?
But then how do we go back and create an aviation corps--I
am thinking of some of the things we have done with unions to
do academies in high school so they get credits and get out.
So both at the retention and then a sustainable, realistic
process to attract and retain young people into the field.
First on retention.
Mr. McIntosh. Thank you for the question, a lot to chew on
there.
So when I take a look at the recruitment and the retention,
they are directly related. As a controller, I will tell you the
biggest thing that was burnout for me was when we were
shortstaffed. If you are shortstaffed, chances are you are
working 6-day workweeks, and you might even be required to work
some 10-hour days to cover some short or some--if you--if
someone calls in sick, you are understaffed, or you are
shortstaffed on a swing shift, you might be held over for 2
hours. That is where some of the burnout is coming from, sir.
So the remedy is what currently Secretary Duffy is
proposing with the supercharged hiring, ensuring that the
academy is full, that we pull all the levers to get the influx
of talent into those field facilities.
I said this at the start of this hearing, and I will say it
now: It is going to start and end with staffing. Our staffing
needs to improve. Once the staffing improves, once we make sure
that we are supercharging our hiring, we are ensuring that
every academy seat is filled with the most qualified, best, and
the brightest, we are offering the incentives through Secretary
Duffy's leadership on the 30-percent increase--or the 30-
percent increase in pay for our academy candidates as well as
the 20-percent retention bonus, that is going to help keep
people longer to train this pipeline that we are having.
As far as making sure that we change the culture, behavior
comes first; culture comes next. I believe you are seeing some
behavioral changes now by the commitment that you are seeing
from our Acting Administrator and the Secretary, as well as the
commitment from everyone that is sitting at this table. We are
here because we believe in the process, we believe in safety,
and we believe in making sure that our employees believe in us
because we believe in them.
Mr. DeSaulnier. Mr. McIntosh, I am going to interrupt you
just because the other thing is, they don't get compensated
enough in high-cost areas. We have never caught up to this, but
that is where most of the traffic is. Could you comment briefly
on this?
People can't afford to live in San Francisco or New York or
Boston.
Mr. McIntosh. So I spoke about some of the recruiting
efforts. One of the things that we have looked at is--and it is
being deployed now--is incentives for hard-to-staff facilities.
And there are also some pay differentials for some of those
higher cost living. So I know that that is being reviewed, as
well.
As far as San Francisco, I think another thing we will see
from the benefit is, we have just implemented, as an interim
measure, a new staffing model that--or a staffing number with
the Collaborative Resource Workgroup. That is going to bump our
numbers up as we wait for the Transportation Research Board to
come back with their new staffing model recommendations. So
that is going to help give us more controllers in some of these
facilities, and that will help with some of that burnout, as
well.
Mr. DeSaulnier. Thank you. I yield back.
Mr. Nehls. Mr. Kiley, you are recognized for 5 minutes.
Mr. Kiley of California. Thank you, Mr. Chair. Thanks to
all the witnesses for your testimony today.
I think it is important when we have these hearings to
focus, certainly, on the pressing needs of the present as we
have been doing today, addressing the disruptions we have seen
in the commercial airline space, as well as the staffing,
urgent staffing needs when it comes to the FAA and air traffic
controllers.
But I think it is also important to keep an eye on the
future of transportation. And indeed, the FAA reauthorization
bill did that with several measures assuring that the FAA will
be well positioned for new and emerging technologies. So I
wanted to briefly discuss those issues, and to pick one of
those specifically is air taxis. I think that, for a lot of
Americans, this still seems pretty futuristic. But the reality
is, there are a number of companies that are pretty much ready
for prime time. I think the entire, sort of, viability of the
2028 Olympics in L.A. might rest on having a good fleet of air
taxis available.
So--and I will direct this to whoever would like to take
it--what should we expect when it comes to air taxis? When will
they start to be used? How prevalent will their use be? What
kinds of uses do we expect to see? And importantly, how safe
will they be? Will the safety level be more comparable to
riding in a commercial airliner or driving a car?
Ms. Baker. So I will go ahead and start with that. The
office--Aviation Safety Organization is responsible for the
integration of advanced air mobility. We see lots of different
uses. We see cargo, short-haul cargo. We see potential, as you
described, air taxis, maybe short-term movement to and from
airports, amongst urban areas. Those are all models that
companies seem to be coming up with.
The first step is a certified aircraft. We would certify to
the same equivalent level of safety that we would certify
another small aircraft. So, small aircraft for commercial use.
That is essentially the standard we are certifying to. We are
in the middle of ongoing certification, so there are companies
going through that process right now in various stages of
testing and proving that their vehicles meet those minimum
safety standards.
Additionally, we have a regulatory set out there to
transition the new pilots. The early models of advanced air
mobility will be piloted, so we are working--we have this rule
set that will allow for transition from currently experienced
pilots into this new category of aircraft powered-lift.
We have this regulatory set that will also set up the
operating standards around them. So for example, current rules
talked about fuel standards. If these vehicles are electrically
powered, what is the equivalent level of power reserve. So, we
have that rule set in place.
Additionally, we have work across with my fellow colleagues
on what is necessary to integrate AAM.
Mr. Heibeck. I always like to say because they have to land
somewhere, we are preparing for AAM. We have updated our
engineering brief to--it is called EB 105A. It provides the
standard for vertiports. It is an existing standard, a design
standard.
Reauthorization also requires us to update our Heliport
Advisory Circular and our Vertiport Advisory Circular to
provide a performance-based standard. We are going to be going
through testing as we get conforming aircraft coming to be
presented for certification to aviation safety. We will be
collecting data from that to inform those advisory circulars
and get those set up.
Mr. Kiley of California. Any other thoughts on this?
You mentioned, Ms. Baker, that initially they are going to
be piloted. So does that suggest that ultimately the vision
here is autonomy, much as we are starting to see for cars?
Ms. Baker. I think that that is a business model that is
out there. I think that is a good question for manufacturers.
There are certainly some manufacturers that definitely have
their eye on autonomy, but I think we will see that eventually.
Mr. Kiley of California. Are we envisioning within, let's
say, the medium term, 5 to 10 years, maybe a little longer,
that these air taxis will be in common use, or will it sort of
just be for, kind of, specialized purposes and big cities,
maybe between major cities?
Ms. Baker. I think the market will, sort of, bear that out.
When I first started in DC in 2006, we were talking about
very light jets. And the phrase that we had in the building was
very light jets were going to darken the skies, and that didn't
necessarily play out. So we are ready to enable the AAM
business model, and I am eager to see where it goes.
Mr. Kiley of California. Well, I think it is a very
exciting set of possibilities from this technology and others
that really could revolutionize the movement of goods and
people in a way that improves all of our lives. But of course,
in order to usher that future into being, it is essential that
we have safety so that people trust in these new modes of
transport. So thank you for the work you are doing.
I yield back.
Mr. Nehls. The gentleman yields. I now recognize Ms.
Scholten, 5 minutes.
Ms. Scholten. Thank you so much, Mr. Chairman and Mr.
Ranking Member, and welcome to our witnesses today. Public
service is a high calling, especially when the stakes are high,
as they are in air travel. So I really want to thank you for
your service. We are nearing the end of our grueling testimony
and hearing today, so thank you so much for bearing with us.
This is truly a unique moment in the aviation space, at a
time when public confidence in aviation safety is on the
decline. Even as we know it has never been more safe to travel
by plane, we cannot ignore the public sentiments about this. We
need the FAA to continually recommit itself to not only keeping
our skies safe, but to ensuring that the public feels that way
and they understand how safe that it is. Every day, Americans
are worried about their family's safety on flights. As I travel
back and forth between Washington, my constituents ask me all
the time about the safety of flying.
On top of that, our President is accepting a luxury
aircraft from a foreign country.
On top of that, the administration has reportedly targeted
FAA employees who are integral to FAA safety in the name of
efficiency. This is unacceptable.
I stand ready to work with my colleagues and the DOT to
regain the public trust. This starts with the swift
implementation of the 2024 FAA reauthorization.
I am a strong supporter of aviation infrastructure
modernization, including the replacement of an aging air
traffic control tower in my district at the Gerald R. Ford
International Airport. I hope my colleagues will indulge me.
Perhaps next to Coos Bay, they have heard more about the Gerald
Ford aging tower than almost anything else. What can I say? We
are champions for our district.
However, the FAA has failed to meet the statutory deadline
and has yet to submit a report to Congress on language that I
championed and was passed into law through the FAA process last
year.
Mr. McIntosh, can you please share a status update on the
FAA's obligations under section 624 of the recent
reauthorization, as well as describe why the FAA is delayed in
submitting this report?
Mr. McIntosh. Thank you for the question. And also, thank
you for the affirmation that it is safe to fly. It is. I fly
every single week, as well, and never do I ever board an
airplane ever worried that there is going to be an air traffic
situation or a problem with the aircraft, due to Ms. Baker's
diligence, as well, as well as Mr. Heibeck's overseeing the
airport environment. So thank you for that affirmation.
In regards to your question, the status of 624, the air
traffic control tower replacement process, yes, ma'am, we are
finalizing the report, and I can absolutely offer that report.
My team and I will be happy to offer that report and brief your
office on the tower replacement project. We would be happy to
do that. We are also putting it online so everyone can see it,
so everyone has full transparency. But again, if you don't want
to go online, we would be more than happy to brief you.
As far as the delinquency, I wasn't aware that it was
delinquent. I came in today and I do know that we are filing a
report, and we are happy to say that we are going to be able to
take this one off the list, ma'am.
Ms. Scholten. Thank you. I appreciate it, and we look
forward to it. We accept your invitation of an individual
briefing.
I want to ask about the presence of DOGE at the agency. I
know my colleagues have been asking a lot of questions about
that. This agency came in and was created to boost efficiency.
Mr. McIntosh, has the presence of DOGE increased or had any
type of impact, negative or positive, on the agency's
efficiency or performance?
Mr. McIntosh. So I was asked this question earlier. I
haven't witnessed DOGE in the FAA. I haven't seen them. I
haven't corresponded with them.
In regards to efficiency----
Ms. Scholten [interrupting]. So is this your--is it your
testimony that they don't have any presence at the FAA?
Mr. McIntosh. My testimony is that I haven't seen them. I
haven't interacted with them.
Ms. Scholten. So you don't know if DOGE has had any impact.
You have not seen DOGE having any impact enhancing efficiency
or decreasing efficiency.
Mr. McIntosh. No, ma'am, I haven't. I have visited air
traffic controllers and facilities, and my interactions with
them have strictly been--and their feedback to me has been--
they were looking for infrastructure improvements, as well as
improvements to staffing. Those are the things that come to me.
Those other items that you discussed have not come up in our
conversation.
Ms. Scholten. And have you seen those come to fruition,
then?
Mr. McIntosh. As far----
Ms. Scholten [interrupting]. Staffing changes and the
improvements.
Mr. McIntosh. So I have not seen the infrastructure
improvements yet, but we are very hopeful, through bipartisan
legislation, that we will see that, because controllers are,
quite honestly--and I said this in the hearing yesterday--we
talk about being the gold standard. I just want to make sure
that we remain there by investing in our infrastructure and
investing in the controllers and the technicians that use them
every day. And then the flying public will benefit from those
safety measures, as well. We are excited about it.
Ms. Scholten. Thank you, Mr. McIntosh.
I yield back.
Mr. Nehls. Thank you.
To the panel, we may have a couple of Members left. Are we
okay to continue?
Yes? All right. I now recognize Mr. Taylor for 5 minutes.
Mr. Taylor. Thank you, Chairman, Ranking Member, for
holding this hearing today, and I also want to thank the
witnesses for being here, for your time and expertise and the
sacrifices you all made to be here. We appreciate you very
much.
With domestic international aviation travel rising in the
United States, it is imperative that the FAA does everything in
its power to keep our skies safe. I am excited to work with
members of this committee and the FAA to implement the best
policies and procedures to keep our constituents safe while
flying, while ensuring ease at the airport.
In my district, I represent one of the fastest growing
airports in the State, and this is the Clermont County Airport.
As southern Ohio continues to attract new businesses and
families to Clermont County, airport traffic has grown each
year, hosting more than 36,000 takeoffs and landings in 2024.
As the Clermont County Airport attracts more visitors and
travelers, it is vital to ensure the safety of those traveling
through southern Ohio.
Mr. Heibeck, what, if any, special steps does the FAA take
with smaller airports that are growing quickly to ensure that
they have the infrastructure, technology, and resources to
safeguard passenger safety?
Mr. Heibeck. Yes, well, I would say that, under our Airport
Improvement Program and our discretionary funding program, when
you say with respect to safety, that has some of the highest
priority ratings that we give, and it is a very structured
process. For example, I always say if you are at the center of
the runway and you move out, you can expect the priority to go
down. So, as you get to terminals, it is lower.
So, with respect to any airport, regardless of its size, if
it is competing for discretionary funding for us, the higher
priority safety projects, regardless of size, will score better
than lower priority, like, as you move out from the runway to
the lower priority projects.
Mr. Taylor. Okay, thank you. Airports across the country
rely on the Airport Improvement Program to help improve safety
and efficiency. Funding from this program allows airports to
build new runways, ramps, taxiways, and make needed repairs on
existing infrastructure.
However, many of the airports in my district fall into the
nonprimary entitlement, and can only receive up to $150,000,
far less than larger airports. Even though these more rural,
smaller airports have less air traffic and require less money,
the AIP funds can be vital for many small towns.
Mr. Heibeck, from your experience, can you just talk more
about how important AIP funds are to helping small airports,
and what we can do in Congress to maybe improve this program?
Mr. Heibeck. Yes, and I believe you have taken an important
first step in that in some of the formula changes you have made
in the Reauthorization Act. The State apportionment funding has
had a significant shift upwards, and that is used by States to
reach the smaller airports, and so that is a great step there.
And just again, on the safety side, that will always rank
higher than other projects, regardless of airport size, when it
comes to the discretionary pool.
Mr. Taylor. Thank you.
A quick one, whoever wants to take this one can take it,
and maybe we can get a couple people's input on it. No one
should be afraid of flying in the United States. Obviously, the
tragedy that occurred at the DC airport in January is
heartbreaking, and my heart goes out to the friends and
families and loved ones who lost someone in that terrible
crash. What actions has the FAA taken following American Eagle
flight 5342 to ensure tragedies like that never occur again?
Mr. McIntosh. I will take that, and thank you for the
question. And again, it is safe to fly.
We took immediate action after the accident occurred.
Secretary Duffy met with Acting Administrator Rocheleau, and we
implemented changes right away. We put in a corridor that
prohibited mixed-use traffic, meaning helicopters could not
interact with fixed-wing aircraft. We also made sure that ADS-B
Out was--that mandate was adhered to, and we updated our orders
to reflect that. We also restricted the use of visual
separation within the immediate vicinity of DCA. We increased
our controller staffing at DCA, as well as our supervisor
presence.
I think, to get to where your question is, Mr. Taylor, we
took those lessons learned on helicopters and mixed traffic
with commercial traffic, and we applied those to other cities
that had very similar helicopter route patterns. And those
lessons learned, we went out to those 10 cities and we started
looking at commonalities. Was there safety drift there, as
well? If you had a chartered helicopter route and it was close
proximity to an airport like Las Vegas, we implemented vertical
and lateral confines, making sure helicopters stayed within
points, and we had safe separation between arriving and
departing aircraft.
We are working with our labor partners to make sure
training is robust and that we learn from an incident like this
to make sure that the NAS safety margins even improve from
where they are now.
Mr. Taylor. Thank you, sir, and thank you to all of you.
And, Chairman, I yield back.
Mr. Nehls. Thank you.
Ms. Hoyle, you are recognized for 5 minutes.
Ms. Hoyle of Oregon. Thank you, Mr. Chair.
As a Member with one of the longest commutes in the
contiguous United States and no direct flights, I spend a lot
of time on planes, and talking to pilots, and talking to air
traffic controllers, and talking to the people that support the
support staff that help our air traffic controllers do their
jobs. And right now, they feel they are under incredible stress
because a number of them got fired.
I do appreciate, and I told Secretary Duffy I appreciated
him standing up to Mr. Musk saying, ``You can't fire the air
traffic controllers,'' however, a number of them took the
deferred retirement. A number of them are being recruited by
other countries, where they feel they are going to be valued.
And the support staff that support the air traffic controllers
in doing their jobs and fixing the equipment and what not did
get fired. So then, all of a sudden, they were called back to
work on social media. That is not how we should treat
employees. If you don't treat your employees well, why would
they want to work here? They have other options. So
fundamentally, you don't rebuild trust by treating people like
they are disposable.
Now, when I talked to Secretary Duffy, I said, ``What is
your top priority?'' and he said fixing the air traffic control
system. And I said, ``I will work with you and anybody here on
making sure that happens. It is important that we have safe air
traffic control and people feel safe flying.'' But I did say
with the caveat that I do not believe that this should be
privatized. This is a Government function. We do not outsource
our safety and national security to a private entity. So
fundamentally, we do need to commit to real investments.
And I did hear one of my colleagues talking about
recruiting, training, and retaining staff. It is not DEI,
right? It is not woke to say that we should treat people well
who show up to do their job and are highly qualified,
regardless of where they come from, their gender, what race
they are. And that is critical that they feel valued.
Now, what I will say is that we have a crisis, and we have
talked about air traffic control towers. In Oregon, we have the
Hillsboro tower that is so old that they can't even put in a
tower simulation system because there is literally nowhere to
put it. The FAA reauthorization says every tower should have
one by 2028, but that promise doesn't mean the facilities can
handle the equipment.
So basic gear like headsets to talk to pilots, those are
failing. Backups barely work. We have got controllers working 6
days a week, 10-hour shifts, and we are short 3,600 certified
controllers.
So my question is, I think lots of people have asked about,
how are we going to get our air traffic control towers up to
speed? But secondly, what specifically are you doing to make
sure that the people that are coming to work at the FAA feel
like they are valued and that their job is going to be there
tomorrow?
Mr. McIntosh. Thank you for the opportunity to let me
respond.
Every day, I have conversations with my team, and they know
exactly how valuable they are. I am a career employee. I have
got 25 years in the FAA, and I have got 4 years in the
military. They know how much they are valued. In my
conversations with Secretary Duffy and Acting Administrator
Rocheleau, they tell me the very same thing. Everything that we
have talked about has been the significance and the importance
of individuals coming in and doing their jobs and keeping the
skies safe.
Controllers and technicians were never part of the
deferred--DRP. They are exempt. They were not fired. They were
not part of that conversation.
When we talk with our teams, they understand their
significance in ensuring that they support the air traffic
organization and being successful of their mission of keeping
people safe. We don't have a job; we have a profession. It is a
profession we take very seriously, and it is a profession that
we all take great pride in delivering to the United States and
the people that fly the skies.
Ms. Hoyle of Oregon. I will in just the time I have left--
although those two positions were exempt from the deferred
resignation, there were resignations. There are air traffic
controllers that are being recruited by other countries where
they feel like it will be less stressful, they will be more
valued, they will have what they need. And the support staff
who support the mechanics and the air traffic controllers, they
were let go or pushed to leave because--again, I don't know how
we replace them, but it is--I want to support you in doing your
job in keeping your employees, and I want to support Secretary
Duffy doing his job, provided we understand that this is a
critical Government function, and we can't have 20-year-olds
come in and just break it all apart, because that puts all of
us in danger.
So again, thank you for your work today.
Dr. Van Drew [presiding]. The gentlelady yields back. I
will yield to myself.
First of all, I have prepared remarks. I am going to use a
few of them. They were thoughtful and methodical, et cetera,
but I've got to do my thing here, and I want to start out by
thanking the FAA for the work that is done. There are a lot of
good people who work very hard, give it their best, and do
their job. I have 1,600 of them at the tech center in my
district alone, but there a lot more than that throughout the
country.
I want to thank Secretary Duffy--nobody--maybe I didn't
hear it because I have been in and out--for the work that he is
doing. Man, talk about a tough job. The guy comes in, his first
100 days, and all of this is thrown on his lap, and he is
dealing with it, and he is focused, and he is fired up. And the
Acting Administrator, as well. They are doing a job.
I want to talk about--this is a tough, tough week for New
Jersey, to be honest with you. It has been a tough few weeks
for New Jersey between what happened in Newark, at the
detention center, at the Delaney Center--I am chairing my own
committee meeting on that, we are not going to bring that up
here--and then Newark Airport. It proves a point. And it is not
the employees, but it proves a point.
We transferred air traffic control from New York City to
Philadelphia. And this was under the Biden-Buttigieg
administration--let's be clear--that we did this. We did that
knowing that we had corroded copper wire, that we didn't have a
STARS system in Philadelphia, that we were short of air traffic
controllers there, that the main runway in Newark was being
worked on--the main runway of two main runways there--and
redone. We did that again in the past administration, when
there was bad technology all around.
I had the opportunity a couple of times at the Atlantic
City International Airport to actually look at their air
traffic controllers, and these folks in the last
administration, they were using floppy disks. They couldn't
even get them at the regular--the way that supplies are
normally gotten. They have got to go to, like, discount stores
somewhere for people that have aged technology that nobody is
using anymore. That is not your fault. I am not blaming you for
that.
And what were we worried about? I am sorry, I am going to
be the one to say it: What were we worried about in the last
administration? Man, I didn't hear a lot of talk about
improving infrastructure, about America being number one in the
world as far as infrastructure. You know what I heard about? I
heard about--and yes, there were DEI, I heard about what
pronouns do we use. I heard we had to change the name of the
cockpit. I heard that we had to be concerned about bathrooms
and how we dealt with them, and what was a men's room and
women's room, transgender, whatever it was. I heard we were
discussing tree equity. I don't even know what tree equity is,
but we were discussing it. We were discussing racist roads and
bridges. I am talking about infrastructure in general, but it
applies here.
What we should be worried about, what you all are worried
about is national security, public safety, and making America
number one in the air again. That is the real world. That is
what we were dealing with in the last 4 years. That is what
Secretary Duffy and the Administrator have to clean up now,
what all of you have to do, what all our good employees have to
do. Damn it, we should stay focused on what the real issues
are. That is the job of the FAA. It isn't all this other--and
yes, it was woke crap that doesn't belong there. And I don't
mean to be crude, but I am telling the truth.
So with that being said, Mr. McIntosh--and thank you guys.
I mean, you have been there a long time. You have got to be
tired, you really do. I hope they are feeding you coffee, at
least, and you are staying awake. Why was the air traffic
shifted from New York to Philadelphia when their systems were
and still are in such disrepair?
And I know we have already gotten some fiber in, we have
done some other stuff, we are going to get the STARS system, et
cetera, but why--was that shift really--did that have to be
made?
Mr. McIntosh. We did have to make that shift, sir.
And again, I also want to say one thing, because I don't
want to do a disservice to the controllers at N90 or the ones
who are currently at Philadelphia C. They do a phenomenal job--
--
Dr. Van Drew [interposing]. I agree.
Mr. McIntosh [continuing]. Every single day. They work the
most congested airspace under some high-stress situations. They
are phenomenal.
Our concern with Philadelphia or with the Newark TRACON and
N90 was we had some real recruiting issues for that facility.
Trying to find highly qualified controllers to go and certify
was a problem for us. We were largely dependent upon the
academy to give us students to work that most congested and
most complex airspace in the world, and we were only seeing a
success rate between 20 and 25 percent for these academy
graduates.
Me, I don't want to send someone who is straight off the
street to go to the most complicated airspace to try to learn
air traffic. It is not a formula for success.
We took a long--at where the current staffing was at N90
and where it was 10 years before, and it was going the wrong
direction, despite a decade of incentives. A change was needed
to change the trajectory of what that facility was going to
look like. And what I mean by that is we wanted to make sure
the staffing was going to get better.
By moving the airspace, we had a lot of people who were not
interested in going to N90 interested in going into the new
Philadelphia Area C. As a matter of fact, all of our classes
that we have scheduled--or this pipeline I am speaking to--is
filled between now and the middle of 2026 with experienced
controllers to go learn this airspace, and they are excited to
go do that.
That is the reason why we moved the airspace, was to make
sure that we actually had future growth and a pipeline for this
new area.
As far as the infrastructure and what you are seeing at
Philadelphia Area C right now, I think this speaks to the
current condition of our infrastructure. You are seeing it take
its progression, and now it is starting to show cracks. We are
starting to see our redundant systems that were always reliable
before starting to fail. And we need to start putting in some
of the new infrastructure requests that Secretary Duffy is
speaking to as far as the new fiber lines, as far as a
dedicated STARS line to Philadelphia Area C, ensuring that the
frequencies work and that the controllers there have the best
equipment available.
So I do believe we take a look at the current
infrastructure and where it is cracking, and we improve it to
where it is now. But to answer your question, yes, I do believe
that airspace move was required.
I received a very tough question, which was, knowing what
you know now, would you have moved the airspace back last
summer, and my answer was yes. And the reason why it was yes
was because sometimes the right decision is hard, but you have
to stand by those hard decisions knowing that it was the right
call.
Dr. Van Drew. I thank you, Mr. McIntosh. And I've got to
tell you, we are now in this administration going to focus
money towards recruitment, towards incentivizing people to come
in, towards infrastructure, and doing the job that needs to be
done.
With that, I will yield to Ms. Titus, the gentlelady from
Nevada.
Ms. Titus. Yes, thank you very much.
With all due respect to my colleague's comments blaming the
last administration for the problems at airports, I just would
remind him that he was here when we passed the FAA
reauthorization bill. He voted for it. I don't recall a lot of
amendments that he might have introduced that dealt with some
of the problems he is now criticizing the last administration
for. They would have been well----
Dr. Van Drew [interrupting]. I will give you an extra few
seconds. I talked about it over and over and over again.
Continue.
Ms. Titus. Yes. Reclaiming my time, also I hope that the
DOGE people will let you spend that additional money on
infrastructure. I don't see any evidence of that. Mostly it has
been cutting things with infrastructure. But okay, I will take
you at your word that we are going to make these great
investments.
Now I would ask you, Mr. McIntosh, one of the things I had
in the FAA reauthorization bill was to call on the National
Academies' Transportation Research Board to look at the way we
analyze the need for air traffic controllers. They were to do a
report that maybe we rethink the formula that was to be due in
December. We haven't seen that. Can you tell us what the holdup
is, or when we might be able to have that as a guide for how we
move down the path to getting more air traffic controllers?
Mr. McIntosh. Yes, ma'am. You are correct, we did, as
reauthorization required us to do, we contracted the
Transportation Research Board to analyze our staffing model and
also analyze it against the new Collaborative Resource
Workgroup that was a collaborative project between the agency
and NATCA. We are waiting for them to finalize that report.
When that report is finalized, then the FAA will take those
recommendations and develop a new staffing model.
We expect the TRB report to be out this summer. But as an
interim gap, what we have implemented was the new CRWG numbers
to ensure that we actually put more controllers in those
positions. So, that is the stop-gap measure which was required
by reauthorization, as well, was the implementation of the CRWG
as we wait for the recommendations from the TRB.
Ms. Titus. Is there any way we can make corrections if
those recommendations come out different from what you are
using as a stop-gap?
Mr. McIntosh. My understanding is, from the TRB
recommendations, the FAA will take those recommendations and
make that to be a new staffing model.
Ms. Titus. Okay. Thank you. Well, I think that would be
helpful if we are going to make all these improvements, invest
all this money, let's do it the right way so down the road 10
years from now, we won't be back in this same difficulty that
we are in now, behind the eight ball.
Ms. Baker, I would like to ask you about your faith in the
National Transportation Safety Board. This was created in 1967
as an independent body. It has investigated more than 153,000
accidents, issued more than 15,500 safety recommendations. Now
we have the news that Alvin Brown, the vice chair, has been
dismissed. He was sworn in in April 2024. He is supposed to run
his term through 2026.
This isn't the first time a member has been removed. I am
sorry, this is the first time a member has been removed. We see
it happening at the FTC. We see it happening at the National
Labor Relations Board. These independent agencies seem to no
longer be independent.
Do you have faith that they can investigate all these
accidents that are occurring thoroughly and independently?
Ms. Baker. The NTSB has many, many career investigators,
just like the FAA has many, many career employees. I have no
reason not to have faith in the NTSB.
Ms. Titus. Well, could you just put on the record how
important it is for this agency to remain independent and not
to be politicized or weaponized by the current administration?
Ms. Baker. I believe that the NTSB has its own legislation,
and it should follow its own legislation, as well.
Ms. Titus. Well, the legislation was that they weren't to
be dismissed, and that's not happening, so I don't think you
can count that as a guarantee.
Ms. Baker. I understand your concern.
Ms. Titus. Okay. Thank you, and I yield back.
Dr. Van Drew. The gentlelady yields back. Are there any
further questions from members of the committee who have not
been recognized?
Seeing none, that concludes our hearing for today. I would
like to thank each of the witnesses for your testimony and for
just holding out for a very, very long hearing. We appreciate
you.
And the committee stands adjourned.
[Whereupon, at 2:03 p.m., the committee was adjourned.]
Submissions for the Record
----------
Statement of the Association for Uncrewed Vehicle Systems
International, Submitted for the Record by Hon. Sam Graves
On behalf of the Association for Uncrewed Vehicle Systems
International (AUVSI), thank you for the opportunity to submit this
testimony as you evaluate the implementation of the Federal Aviation
Administration (FAA) Reauthorization Act of 2024 (P.L. 118-63). Swift
implementation of this legislation is critical to ensuring the
meaningful integration of safe, secure, and scalable uncrewed and
advanced aviation technologies into American skies.
AUVSI is the world's largest non-profit organization dedicated to
advancing uncrewed systems, autonomy, and robotics. AUVSI represents
over four hundred corporations and eight thousand professionals across
more than sixty countries in industry, government, and academia.
AUVSI's members span the defense, civil, and commercial sectors and
multiple transportation domains, inclusive of hardware and software
companies. Our member companies design, build, and operate uncrewed
aircraft systems (UAS, or drones) as well as counter-UAS systems for
detecting and mitigating drones. We also represent leaders in advanced
air mobility (AAM), including manufacturers, aircraft autonomy
providers, component suppliers, and infrastructure developers.
P.L. 116-83 was a landmark step forward for the entire aviation and
aerospace industry. It contained critical provisions intended to
accelerate the integration of drones and AAM technologies into the
national airspace system (NAS). AUVSI commends Congress for its
leadership in crafting a future-ready aviation framework. However,
significant portions of P.L. 118-63 implementation remain off track,
and delayed action by the FAA on several mandates risks undermining
U.S. leadership in global aerospace innovation as our competitors, and
adversaries, race ahead.
We are at a pivotal moment in aviation history, with drones and AAM
aircraft (which include both regional and urban passenger and cargo
carrying applications) offering the potential to unlock significant
benefits in both safety and technological leadership. With those
benefits will come tremendous economic activity and workforce
opportunities. Drones offer a cost-effective solution for critical
operations including public safety, package delivery, precision
agriculture, utilities maintenance, infrastructure inspections, and
much more. AAM is revolutionizing propulsion systems, battery
technology, and flight controls, unlocking new opportunities in both
metropolitan and rural areas not served by traditional aviation, and
enhancing workforce productivity and safety. Companies are opening
high-rate production facilities and creating thousands of high-quality
manufacturing jobs at an increasing rate.
The UAS and AAM industries require enabling rules and regulations
given the new technologies entering service. Safety, not bureaucracy
must drive this process--new regulations in this space will enable
rather than restrict U.S. innovation and leadership. We encourage
Congress and the FAA to streamline the rulemaking process generally,
and specifically across UAS and AAM initiatives. The current regulatory
structure for UAS and AAM is overly burdensome because it was created
with traditional aircraft in mind. Updated enabling rules and
regulations will act as a means of deregulation that enables these
innovative technologies to flourish.
A critical step toward streamlining the FAA's rulemaking process is
the swift implementation of Section 202 of P.L. 118-63, which requires
the FAA Administrator to create an Office of Rulemaking and Regulatory
Improvement headed by an appointed Assistant Administrator. The
creation of the office and the elevation of rulemaking within FAA will
help to ensure accountability and responsibility for rulemaking
timeliness, which are often presently lacking.
Without timely regulatory clarity, the promise both UAS and AAM
technologies will remain unrealized, and we will continue to see
nations like China win the global aviation competitiveness race. The
FAA must move swiftly to implement new rules for beyond visual line of
sight (BVLOS) drone operations, aircraft certification, and airspace
integration technologies such as UAS traffic management (UTM). It must
also ensure that operational approvals for emerging AAM aircraft are
efficient, transparent, and based on performance rather than legacy
prescriptive frameworks.
While AUVSI's diverse membership is deeply invested in the
implementation of several P.L. 118-63 provisions, we want to take a
moment to focus on the BVLOS draft safety rule/final rule and how the
associated costly delays.
The drone industry is standing on the precipice of a new era.
With the right regulatory framework, the U.S. can lead the
world in drone innovation and integration. The timely issuance
of BVLOS safety rules will unlock the scalability of high-value
operations. According to various studies, the drone industry is
projected to contribute billions of dollars to the U.S. economy
over the next decade. But, without the BVLOS rule in place,
much of this potential will remain untapped.
Unfortunately, the BVLOS draft safety rule, and therefore the
BVLOS final rule, has languished, plagued by bureaucratic
delays. The deadline for the FAA to release the BVLOS draft
safety rule no later than four months after the enactment of
P.L. 118-63 has come and gone, and the industry is feeling
those impacts. Importantly, this means that unless the FAA
issues the BVLOS draft safety rule in the very near term, the
FAA's issuance of the final rule will undoubtedly slide to the
right in the calendar, which will ensure the U.S. falls further
behind other nations in the deployment of advanced aviation
technologies.
It is important to note that the notice of proposed rulemaking
(NPRM) has already been written and began undergoing the White
House Office of Information and Regulatory Affairs (OIRA)
interagency review process last year, and AUVSI conducted
multiple meetings with OIRA and various segments of the UAS
industry to make the case for the issuance of the NPRM.
Unfortunately, the draft safety rule was not issued for public
comment before the January 20 change in administrations and the
associated moratorium on rulemaking activities.
Releasing the NPRM and final rule in a timely manner is a
requirement of Section 930 of P.L. 118-63, which was enacted
into law almost exactly one year ago. The expeditious release
of the BVLOS NPRM and subsequent final rule, pursuant to
Section 930 referenced above, would build on the drone policy
agenda of the first Trump Administration, which was the last
time that enabling drone regulations were promulgated. In the
meantime, the FAA needs to maintain the current process for
authorizing the limited drone operations that are in the
pipeline before the BVLOS rule is final, so operators can
continue to effectively plan and make informed business
decisions.
Today, drone operations BVLOS require costly, lengthy, case-by-
case FAA approval processes which inhibit companies from
scaling in the United States and can make beneficial operations
cost-prohibitive. The rapid expansion of drone technology in
sectors such as public safety, agriculture, infrastructure
inspection, and delivery services have the potential to
transform key areas of the economy and provide significant
societal benefit, as we have witnessed most recently in the
hurricane response efforts.
This expansion is also necessary to buttress domestic
manufacturing efforts while supporting our national security.
Drones can be used for ongoing surveillance of large areas
during events like natural disasters, potentially reducing the
need for extensive ground patrols. They can enter buildings and
disaster zones where it would be unsafe to send in a human.
Drones can monitor fires and wildfires, enabling more effective
decision-making and resource allocation. Drones are deployed to
assess damage, monitor hazards, survey affected areas, and
deliver aid following disasters such as tornadoes, hurricanes,
earthquakes, wildfires, and infrastructure collapses. They
provide valuable situational awareness to emergency responders
and help them coordinate relief efforts.
Further delays to the BVLOS rules will continue to hamper the
drone industry from scaling to new heights. We encourage
Congress to work hand-in-hand with the Trump Administration to
issue the draft safety rule as soon as possible for public
comment--the vitality of this industry depends on it.
Moreover, we urge Congress to conduct robust oversight of FAA
leadership to ensure they are fully activating the tools Congress
provided in this legislation to expand real-world testing environments,
strengthen industry-academic research partnerships, and fund state and
local planning for UAS and AAM infrastructure. Equally vital is
investment in workforce development. The FAA has been entrusted with
meaningful resources to prepare our current and future workforce for
careers in uncrewed systems. It is imperative these funds be deployed
strategically and promptly, in collaboration with community colleges,
universities, and training organizations.
AUVSI supports the FAA's safety mission and recognizes the
challenge of keeping pace with transformative technologies while
maintaining rigorous standards. However, innovation cannot be deferred
indefinitely in the name of caution. Industry is not seeking
shortcuts--we are seeking certainty. The rules, processes, and systems
that enable growth must be defined, tested, and deployed.
As the Committee continues its oversight of P.L. 118-63
implementation, we respectfully urge you to press for transparency,
stakeholder engagement, and measurable progress. The next generation of
aviation is not on the horizon--it is here. The decisions we make today
will shape the United States' competitiveness, resilience, and global
leadership for decades to come.
In conclusion, AUVSI urges the Committee to prioritize oversight of
Title IX, Subtitles A and B of P.L. 118-63, to ensure the FAA is
keeping up with mandate timelines, with a keen focus on the following
specific provisions throughout the legislation:
General
Establishing the Unmanned and Autonomous Flight Advisory
Committee--Section 916
Make maximum use of the recently announced Center for
Advanced Aviation Technologies to support emerging aviation
technologies--Section 961
Center of Excellence for UAS--Section 1006
FAA UAS and AAM research and development--Section 1044
UAS
Electronic conspicuity study--Section 906
Remote identification alternative means of compliance--
Section 907
Improving the Part 107 waiver process--Section 908
Pilot program for UAS inspections of FAA infrastructure--
Section 911
Drone Infrastructure Inspection Grant Program--Section
912
Drone Education and Workforce Training Grant Program--
Section 913
Extension of the Know Before You Fly initiative--Section
922
Extension and expansion of UAS test ranges--Section 925
Extension of authorities under Section 44807 and
transferring those authorities to FAA--Section 927
Directing the FAA to issue a BVLOS NPRM and final rule
expeditiously--Section 930
Expeditious approvals of third-party service providers--
Section 932
Operations Over the High Seas--Section 934
Prohibiting Department of Transportation (DOT) funds from
being used on contracts/grants for covered UAS--Section 936
AAM
Establishing the Advanced Aviation Technology/Innovation
Steering Committee--Section 229
Shifting AAM regulatory functions from the FAA NextGen
Office to the Office of Aviation Safety--Section 206
Allowing airport energy assessments to include power
demands for airside and landside operations, with funding support for
related projects--Section 742
Establishing program guidance for the AIP Pilot Program
for AAM ground support equipment--Section 745
Streamlining environmental approvals for vertiports by
applying or establishing categorical exclusions under the National
Environmental Policy Act--Section 953
Expanding and extending the AAM Infrastructure Pilot
Program through 2026--Section 960
Thank you for your commitment to innovation, safety, and a strong
U.S. aviation ecosystem. AUVSI and our members stand ready to work with
Congress, the FAA, DOT, and all partners to realize this vision.
Appendix
----------
Question to Jodi Baker, Deputy Associate Administrator for Aviation
Safety, Federal Aviation Administration, from Hon. Scott Perry
Question 1. Can you please provide the committee with all the FAA's
reports and responses to the February 27, 2025, Memorandum from OPM
Acting Director Charles Ezell, Regarding ``Agency Reporting to OPM for
Fiscal Year 2024 Taxpayer-Funded Union Time Use''?
Answer. See attachments.
[Editor's note: The attachment, consisting of tab A, tab B, and tab
C, is retained in committee files and is available online at the House
of Representatives document repository at https://docs.house.gov/
meetings/PW/PW00/20250515/118270/HHRG-119-PW00-20250515-QFR001.pdf. Per
the Federal Aviation Administration (FAA): ``The attached Excel
spreadsheet is part of the response to Rep. Perry's question concerning
FAA responses to OPM's official time report request. That report was
published here (with aggregate data for DOT): https://www.opm.gov/
about-us/
reports-publications/agency-reports/fiscal-year-2024-taxpayer-funded-
union-time-usage-in-the-federal-government/'']
Questions to Jodi Baker, Deputy Associate Administrator for Aviation
Safety, Federal Aviation Administration, from Hon. Vince Fong
Question 1. There is a lot of money being spent on developing
drones for use by the U.S. military. In some cases the drones are
getting larger and going faster, the collaborative combat aircraft
program is a great example of this trend.
How will the FAA use its authorities, like section 927, to help
speed up innovation and allow more execution in this area of drone
testing?
Answer. The FAA's authorities are primarily over civil aircraft,
including the civil use of drones, however the development of new
technologies and innovative uses in civil settings could provide
valuable insights for the U.S. military. We are active and
collaborative partners with the U.S. military and work regularly with
the military on airspace, security concerns, and other issues. In
addition, the FAA has used the authorities provided for in section 927
of the 2024 FAA Reauthorization Act to authorize civil operations for
the purposes of testing and development of UAS or UAS technology
intended for military use. For example, working with the U.S. Air
Force, the FAA recently issued its first waiver using the section 927
authority to Hermeus Corporation on April 4, 2025. The waiver
authorized civil flight testing of a 9500-pound hypersonic UAS, in
coordination with the Air Force and their Special Use Airspace near
Andrews Air Force Base. The FAA will continue to examine strategic use
of this statutory authority to support.
Question 2. The 2024 FAA Reauthorization Act strengthens the role
of the FAA's UAS Test Sites to facilitate safe testing of new aviation
technologies in the unmanned aircraft space.
While the Act does not explicitly direct using overwater areas,
don't you think it would make sense to utilize overwater areas as much
as possible with innovative aviation solutions--especially larger,
unmanned aircraft? If the aviation industry wishes to utilize overwater
test ranges to enhance the safety of their operations, is anything
preventing FAA from authorizing flights beyond 12 nautical miles?
Answer. The FAA supports operational testing overwater and has
already authorized many UAS operators to utilize the UAS Test Sites
including airspace within the 12 nautical mile boundary of the
territorial airspace of the United States for testing and ongoing
operational purposes.
When aircraft operations are conducted outside the territorial
airspace of the United States (beyond 12 nautical miles from the
baseline of the U.S. shore), those operations are conducted over the
high seas. Airspace over the high seas is international airspace, and
aircraft flying in international airspace are engaged in international
navigation. The Convention on International Civil Aviation (the Chicago
Convention), a treaty to which the United States is a party, applies to
all civil aircraft operating in international airspace regardless of
whether the aircraft takes off and lands in the United States with no
intermediate stops.
The Chicago Convention contains binding provisions that apply to
any civil aircraft engaged in international navigation, including the
requirement to possess a certificate of airworthiness issued by the
State in which the aircraft is registered, that such a certificate of
airworthiness be based on compliance with at least the minimum
international airworthiness standards established by the International
Civil Aviation Organization (ICAO), and the carriage of specified
documentation. Furthermore, Article 12 of the Chicago Convention
provides that over the high seas, the rules in force are those
established under the Convention without exception.
If a U.S. registered Unmanned Aircraft System (UAS) is not able to
fully meet minimum international airworthiness standards or other
applicable requirements for international navigation, the FAA is not
able to authorize their operation over the high seas.
President Trump has directed the FAA to immediately explore options
to ensure that UAS flights beginning and ending in United States
airspace, or United States-owned facilities in the high seas, can
operate without being subject to the onerous requirements applicable to
manned aircraft engaging in international navigation as referenced in
the Chicago Convention. While the U.S. is working with ICAO to identify
acceptable means of compliance with all applicable Chicago Convention
requirements in order to enable various types of UAS operations over
the high seas, those measures are still being identified and will need
to be promulgated by ICAO, and the FAA would need to initiate
rulemaking to issue regulations that conform to the new ICAO standards.
Questions to Jodi Baker, Deputy Associate Administrator for Aviation
Safety, Federal Aviation Administration, from Hon. Steve Cohen
Flight Data Recovery from Overwater Operations
Question 1. A key provision in the 2024 FAA Reauthorization Act is
Section 352, ``Flight Data Recovery from Overwater Operations,''
requires a long overdue National Transportation Safety Board (NTSB)
recommendation to improve FDR and CVR standards. Specifically, Section
352 directs the FAA to complete a rulemaking proceeding within 18
months of the bill's enactment to require all newly manufactured
commercial passenger aircraft that operate extended overwater routes to
be equipped with an FDR/CVR system capable of providing all FDR/CVR
data without an underwater search and recovery. It also requires a
tamper-resistant method to establish the location of a downed aircraft
and an underwater locating device capable of functioning for at least
90 days.
Please provide a status update regarding the FAA's ability to meet
the stated timeframe for implementation of Section 352. If the FAA is
concerned about the mandated timeframe, please describe what timeframe
the FAA does believe would be achievable and what factors are
contributing to this recommendation?
Answer. The Investigative Technologies Aviation Rulemaking
Committee (IT ARC) was established and began working in 2023. The
committee was tasked with providing recommendations to address the NTSB
safety recommendations discussed in section 352 of the Reauthorization.
The ARC charter was amended in December 2024 to communicate to the
committee impending rulemaking related to section 352. In amending the
charter, we tasked the committee with providing the FAA with impact and
cost-benefit analyses to ensure a complete and adequate economic
analysis for the rulemaking effort. The IT ARC will provide those
analyses to us in August 2025. Once the report is received and
reviewed, the FAA will begin the rulemaking process, which will delay
the implementation timeframe specified in the 2024 FAA Reauthorization
Act.
Question 2. The FAA's Investigative Technologies Aviation
Rulemaking Committee (ARC) original task regarding automatic deployable
flight recorder (ADFR) technology stated that the ARC will develop
recommendations ``on whether to allow'' the use of ADFRs. However, the
NTSB has already identified ADFRs as one possible technology that
satisfies the safety recommendations forming the basis for Sec. 352 of
the FAA reauthorization bill. The International Civil Aviation
Organization's (ICAO) updated Annex 6, Part 1 addresses international
flight recorder Standards and Recommended Practices (SARPS) that
include definitions and guidelines for the allowed use of ADFRs on
commercial air transport aircraft. The European Union Aviation Safety
Agency (EASA) provides for the use of ADFR, Distress Tracking Emergency
Locator Transmitters (ELTs), and high-rate tracking technologies to
comply with new Location of an Aircraft in Distress requirements, along
with certification specifications for installing ADFRs on large
turbine-powered airplanes. A major global aircraft manufacturer is also
already installing ADFRs on its long-range extended overwater
commercial passenger aircraft.
Given the extensive actions already established to address the safe
operation of ADFR technology on commercial aircraft, has the FAA
clarified that the Investigative Technologies ARC's task is to develop
a recommendation to update FAA rules for ADFR and data link recording
technology that align and harmonize with international rules?
Answer. The NTSB recommendations and section 352 do not specify
ADFR technologies. However, FAA tasked the IT ARC to discuss issues and
develop a recommendation on whether to allow the use of ADFRs that may
currently be contrary to FAA regulations. The FAA is awaiting
recommendations from the IT ARC, which are expected to be submitted in
August 2025.
Question 3. The FAA's Investigative Technologies Aviation
Rulemaking Committee (ARC) original taskings included references to
``whether to require'' aircraft used in extended overwater operations
under Part 121 or Part 135, which are required to have a CVR and a FDR,
be equipped with a tamper-resistant method to broadcast to a ground
station sufficient information to establish the location of an aircraft
after the flight has terminated due to a crash within six (6) Nautical
Miles of the point of impact in consideration of the mandate in section
352 of the Act (A-15-1), and ``whether to require'' newly manufactured
aircraft used in extended overwater operations under part 121 and part
135, which are required to have a CVR and FDR, to be equipped with a
means to recover mandatory flight data parameters; the means of
recovery should not require underwater retrieval (A-15-3)
Please confirm that the FAA has updated the ARC's charter to ensure
they will provide recommendations for Rulemaking for the full
implementation of these new laws.
Answer. The FAA updated the ARC charter on December 12, 2024, to
address section 352. The IT ARC submitted an interim report in January
2025.\1\ The ARC reported that the analysis and recommendations for
this task were in process.
---------------------------------------------------------------------------
\1\ https://www.faa.gov/sites/faa.gov/files/Investigative-
Technologies-Interim-Report-January-2025.pdf
Question 4. It is the Committee's understanding from public NTSB
and FAA official correspondence that the FAA had a misunderstanding
regarding Safety Recommendation A-15-3, requiring all applicable newly
manufactured aircraft used in extended overwater operations to be
equipped with a means to recover, at a minimum, mandatory flight data
parameters in a timelier manner that does not involve underwater
recovery of the recorder devices. The misunderstanding was the FAA's
initial belief that Recommendation A-15-3 calls for three recorders to
be installed. The NTSB has clarified multiple times in public record
that the Recommendation A-15-3 does not require three recorders, and
that there are several possible solutions that would satisfy the NTSB's
recommended action that the FAA require mandatory flight data and
cockpit voice parameters to be recoverable other than by underwater
retrieval, to include for a single ``combination'' flight data and
cockpit voice recorder and a single ``deployable'' recorder, or
triggered flight data transmission combined with the existing
requirements for recorders.
Since dual combined FDR/CVR recorders have already been certified
for use on U.S. commercial aircraft and are recognized within the
International Civil Aviation Organization standards, can the FAA
confirm that its new investigative technologies rulemaking will include
formal updates to the Federal Aviation Regulations for the installation
and certification of combination FDR/CVR recorder systems?
Answer. In NTSB Safety Recommendation A-99-17, the NTSB recommends
the FAA require the installation of dual flight data recorders/cockpit
voice recorders (FDR/CVR) on newly manufactured aircraft to provide
recorder data redundancy. However, a dual FDR/CVR would still require a
traditional means of recovery after an incident or accident. The FAA
recognizes there are alternate emerging technologies that could meet
the intent of timely recovery of flight data without the need for
underwater retrieval, per NTSB A-15-3, and has tasked the IT ARC to
provide recommendations on this topic, We are waiting for the IT ARC's
recommendations, which the FAA will consider as part of the rulemaking
process. We expect the IT ARC to submit a recommendation report in
August 2025.
Piston Aviation Fuels Initiative (PAFI)
Question 5. What specific steps has the FAA taken in the past 4
months to ensure PAFI's implementation, particularly regarding fleet-
wide AVGAS authorization? Additionally, please provide an updated
timeline for when stakeholders (i.e. airport operators, FBOs, and
general aviation pilots, etc.) can reasonably expect unleaded AVGAS to
be widely available at scale across the national airport system, and
what intermediate milestones will indicate progress toward this goal.
Answer. In the past four-month period, testing has been completed
on two of the six PAFI test engines: the Lycoming IO-540-K1A5 and the
Continental TSIO-520-VB. This included performance and detonation
testing, and sensitivity testing to examine the impacts of various
engine and operating conditions, which provides critical data to
support the fleet authorization for this fuel.
In addition to the technical progress over the last four-months,
there have been several notable programmatic achievements including the
addition of seven new partners to the PAFI Technical Advisory
Committee, the development and implementation of a master program
schedule, and the initiation of contracting actions to support
materials compatibility testing, radial engine testing, and flight
testing, all of which support the issuing of the fleet authorization.
The projected timeline for the issuance of fleet authorization is
March 2027. This is dependent on key milestones in June 2026 for
completion of PAFI aircraft flight testing, September 2026 for
completion of PAFI engine testing and the materials compatibility
assessment, and ASTM production specification approval in December
2026.
In addition to PAFI, the FAA has authorized the use of two other
unleaded fuels through the supplemental type certificate process, and
these fuels are available at several airports.
Question to Jodi Baker, Deputy Associate Administrator for Aviation
Safety, Federal Aviation Administration, from Hon. John Garamendi
Question 1. Sec. 434 of the FAA Reauthorization Act of 2024
modifies language from the FAA Reauthorization Act of 2018 which
required the creation of Employee Assault Prevention and Response
plans, which had not been previously implemented. These plans were
designed to be a critical tool in combating assaults against passenger
service agents, including individuals working at the gate and at check
in. Given that these assaults continue, it is important that FAA
finally implement this mandate. FAA was required to provide a briefing
to Congress on air carrier Employee Assault Prevention and Response
Plans 90 days following enactment of the FAA Reauthorization Act of
2024. Has this briefing occurred, and if not, when does FAA plan to
hold it? Does FAA believe that it is on track to fully comply with the
provisions of Sec 434 of the FAA Reauthorization Act of 2024?
Answer. FAA representatives briefed congressional staff on
September 27, 2024, fulfilling the requirement to update Congress
within 90 days of enactment. At this time, all operators required to
submit Employee Assault Prevention and Response Plans under section 551
of Pub. L. 115-254 have completed this requirement and the FAA has
accepted the plans.
Question to Jodi Baker, Deputy Associate Administrator for Aviation
Safety, Federal Aviation Administration, from Hon. Henry C. ``Hank''
Johnson, Jr.
Question 1. The 2024 FAA Reauthorization directs the agency to use
its direct hire authorities to bring on more individuals to fill
aviation safety and aircraft certification roles. Yet the Trump
Administration has fired several federal employees in these critical
roles. How is the FAA accounting for the significant loss of
institutional safety knowledge because of the Department-wide purge?
Answer. President Trump has continuously indicated his support for
aviation safety and, with Secretary Duffy, secured an unprecedented
investment in the safety of America's aviation infrastructure.
President Trump also issued an Executive order on January 20, 2025,
directing an immediate assessment of aviation safety and, on January
21, directed FAA to refocus from non-safety related DEI to safety and
merit-based hiring. The FAA under President Trump is focused
exclusively on safety.
FAA staff in critical safety-related positions, including aviation
safety inspectors and certification safety inspectors, were not
eligible to participate in the DRP. Congressional direction for the FAA
to use direct-hire authority (e.g., on-the-spot hiring authority) has
enabled the FAA to continue targeted recruitment for these mission-
critical positions, and it allows the FAA to accept resumes outside of
the normal announcement process for all service locations. Use of on-
the-spot hiring authority is an effective tool in hiring for these
positions. On-the-spot hiring authority will continue to enable the FAA
to accelerate the hiring process by extending offers of employment to
fully mission-qualified candidates faster in a highly competitive labor
market. And, as safety remains the FAA's top priority, we continue to
closely monitor onboard staffing levels.
Question to Frank McIntosh, Deputy Chief Operating Officer, Air Traffic
Organization, Federal Aviation Administration, from Hon. Daniel Webster
Question 1. Mr. McIntosh, what three things can the FAA do to speed
up the process to construct a new FAA Airport Traffic Control Tower?
Answer. The FAA is exploring a number of actions to speed up the
process to construct a new FAA Airport Traffic Control Tower. We are
working toward a standard facility design that can be adapted for each
location; exploring alternate contracting approaches; and leveraging
hiring flexibilities to ensure we have the right engineering expertise.
Question to Frank McIntosh, Deputy Chief Operating Officer, Air Traffic
Organization, Federal Aviation Administration, from Hon. Scott Perry
Question 1. Can you please provide the committee with all the FAA's
reports and responses to the February 27, 2025, Memorandum from OPM
Acting Director Charles Ezell, Regarding ``Agency Reporting to OPM for
Fiscal Year 2024 Taxpayer-Funded Union Time Use''?
Answer. [Editor's note: See the response on page 99 from Jodi
Baker, Deputy Associate Administrator for Aviation Safety, Federal
Aviation Administration, to Mr. Perry.]
Questions to Frank McIntosh, Deputy Chief Operating Officer, Air
Traffic Organization, Federal Aviation Administration, from Hon. Vince
Fong
Question 1. There is a lot of money being spent on developing
drones for use by the U.S. military. In some cases the drones are
getting larger and going faster, the collaborative combat aircraft
program is a great example of this trend.
How will the FAA use its authorities, like section 927, to help
speed up innovation and allow more execution in this area of drone
testing?
Answer. [Editor's note: See the response on page 99 from Jodi
Baker, Deputy Associate Administrator for Aviation Safety, Federal
Aviation Administration, to Mr. Fong.]
Question 2. The 2024 FAA Reauthorization Act strengthens the role
of the FAA's UAS Test Sites to facilitate safe testing of new aviation
technologies in the unmanned aircraft space.
While the Act does not explicitly direct using overwater areas,
don't you think it would make sense to utilize overwater areas as much
as possible with innovative aviation solutions--especially larger,
unmanned aircraft? If the aviation industry wishes to utilize overwater
test ranges to enhance the safety of their operations, is anything
preventing FAA from authorizing flights beyond 12 nautical miles?
Answer. [Editor's note: See the response on page 99 from Jodi
Baker, Deputy Associate Administrator for Aviation Safety, Federal
Aviation Administration, to Mr. Fong.]
Questions to Frank McIntosh, Deputy Chief Operating Officer, Air
Traffic Organization, Federal Aviation Administration, from Hon. Henry
C. ``Hank'' Johnson, Jr.
Question 1. During my initial questioning, I asked about the
Administration's deferred resignation buyout offered to FAA Air Traffic
Organization (ATO) employees. Although you stated that you were ``not
aware if they received any'', it's been widely reported that air
traffic controllers did in fact receive the initial offer beginning on
January 28, 2025.\1\ Can you clarify how many ATO employees, including
air traffic controllers, received the initial deferred resignation
buyout offer beginning on January 28, 2025?
---------------------------------------------------------------------------
\1\ Thomas Beaumont, Adriana Gomez Licon, Nicholas Riccardi, Air
traffic controllers were initially offered buyouts and told to consider
leaving government, Associated Press, (Jan. 31, 2025), available at:
https://apnews.com/article/jet-helicopter-crash-air-traffic-
controllers-caee8a1e14eb5d156725581d41e6a809.
---------------------------------------------------------------------------
Answer. The FAA does not have the ability to track whether
employees in fact received these emails. However, air traffic
controllers were not eligible for the deferred resignation program
(DRP).
Question 2. Amid significant backlash, the DOT later clarified that
controllers, aviation safety inspectors, and airway transportation
systems specialists would not be eligible for the buyout offer.\2\
However, prior to this subsequent guidance, how many ATO employees,
including air traffic controllers, initially accepted the offer?
---------------------------------------------------------------------------
\2\ Oriana Pawlyk, Aviation, rail safety at DOT exempt from
resignation offer, Politico Pro, (Feb. 13, 2025), available at: https:/
/subscriber.politicopro.com/article/2025/02/aviation-rail-safety-at-
dot-exempt-from-resignation-offer-00204061?source=email
---------------------------------------------------------------------------
Answer. Air traffic controllers were not eligible for the DRP and
no air traffic controllers were placed on deferred resignation. There
were 326 ATO employees who took the DRP in the first round.
Question 3. How many ATO employees have been terminated, placed on
administrative leave or have otherwise left the agency since January
20, 2025?
Answer. 2,232 as of August 14, 2025. This number includes voluntary
separations and retirements.
Questions to Frank McIntosh, Deputy Chief Operating Officer, Air
Traffic Organization, Federal Aviation Administration, from Hon.
Patrick Ryan
Question 1.a. What are the FAA's immediate plans and timeline to
address the technology and data transmission issues for the Newark
airspace?
Question 1.b. How quickly will these plans be communicated to
stakeholders and implemented?
Answer to 1.a. & 1.b. The FAA is prioritizing infrastructure
upgrades at critical facilities by addressing legacy systems, improving
telecommunications reliability, and ensuring adequate staffing through
targeted hiring and retention efforts. The new protected ethernet
solution between the New York Terminal Radar Approach Control (TRACON)
and Philadelphia (PHL) TRACON Area C will improve resiliency and enable
continued services if a line fails. Concurrently, we are working to
establish a Standard Terminal Automation Replacement System (STARS) hub
at PHL TRACON Area C, which will allow it to operate independently of
the New York STARS hub and reduce vulnerability to future
telecommunications failures. We continue to provide updates on the FAA
website: https://www.faa.gov/newsroom/faa-statements-newark-liberty-
international-airport.
Question 2. What are the FAA's plans to address ATC staffing
challenges with specific targets, strategies, and timelines for filling
vacancies?
Answer. Under President Trump's leadership and with Secretary
Duffy's support, the FAA is implementing a series of initiatives
designed to strengthen our air traffic control workforce and enhance
operational efficiency. These measures demonstrate our commitment to
addressing staffing challenges while ensuring the continued safety and
reliability of our aviation system.
To encourage recruitment, we introduced a 30% salary increase,
incentivizing candidates entering the Academy. In addition, we
streamlined the hiring process, allowing applicants to progress through
necessary steps individually, rather than waiting for larger cohorts.
Recognizing the importance of a swift and efficient clearance process,
we are dedicating additional resources to the medical and security
phases, ensuring that new controllers can enter service without
unnecessary delays. Moreover, we are providing targeted incentives for
controllers willing to staff hard-to-fill facilities and retaining
experienced professionals by offering competitive benefits to encourage
them to remain in the workforce.
We are also deploying technology like Tower Simulation Systems to
improve training times once someone is in a facility. These systems
have shown to reduce the certification time by 27%.
The FAA expects to see positive changes within the next 18-24
months.
Question 3. When will the FAA devote additional staff and resources
to implement modern technology at New York and New Jersey area
airports?
Answer. The FAA is committed to modernizing technology at New York
and New Jersey-area airports and continuously evaluates resource
allocation based on evolving priorities, safety considerations, and
stakeholder input. We continue to make excellent progress toward
upgrading the communications network to create more resilient and
redundant communication links to the PHL TRACON, which directs aircraft
into and out of Newark. Earlier this summer, we activated a temporary
mobile satellite communications system at the PHL TRACON, providing
communications redundancy for the TRACON. The new protected ethernet
solution between N90 and PHL TRACON Area C will improve resiliency and
enable continued services if a line fails.
Concurrently, we are working to establish a Standard Terminal
Automation Replacement System (STARS) hub at PHL TRACON Area C, which
will allow it to operate independently of the New York STARS hub and
reduce vulnerability to future telecommunications failures. This work
will continue over the summer.
Question 4. For years, the FAA's funding requests for its
facilities and equipment have not kept pace with its air traffic
control infrastructure needs. Given what we have seen in the news
lately about ATC equipment outages, it is crucial for the FAA to invest
in more than just the mere sustainment of its ATC legacy systems. Can
the FAA commit to upgrading facilities and equipment to ensure safety
in the skies?
Answer. The FAA is committed to upgrading facilities and equipment
to ensure aviation safety. Secretary Duffy acknowledged the current air
traffic control system is outdated and requires significant investment
to meet the demands of modern air travel. We recognize the critical
need to modernize our air traffic control infrastructure to ensure the
safety and efficiency of the National Airspace System. President
Trump's and Secretary Duffy's proposed modernization plan is a
strategic priority for the FAA, and the agency is committed to securing
the necessary resources and support to implement these upgrades. While
specific timelines are contingent upon congressional approval and
funding, the FAA is dedicated to advancing these initiatives to enhance
the safety and efficiency of our air traffic control system.
Question 5. Many folks in my district are afraid to fly these days.
The downstream impacts of that fear could have real effects on the
tourism and transit industries. How can I assure my constituents that
they are safe to travel through Newark and that they should continue to
trust air travel in the United States?
Answer. The Newark Liberty International Airport remains safe to
travel to and from. The FAA has approached, and continues to approach,
the Newark challenges with solutions from every angle. Since the Newark
disruptions earlier this year, the Agency successfully transitioned to
a brand-new fiber optic communications network between New York and the
PHL TRACON--the facility which manages much of the airspace surrounding
Newark. In the longer term, FAA plans to establish a STARS hub at the
PHL TRACON to further strengthen operational capabilities.
Maintaining a highly qualified workforce is also critical to FAA's
safety mission, including at Newark. The area in the PHL TRACON that
manages Newark traffic currently has 20 fully certified controllers, 5
fully certified supervisors, and an additional 29 controllers and
supervisors in training. And earlier this year, Transportation
Secretary Sean Duffy announced a plan to accelerate the hiring of air
traffic controllers through process improvements. Thanks to these
efforts, the Agency is beginning to see a healthy pipeline of new
controllers, with training classes already full well into next year.
Question to Wayne Heibeck, Deputy Associate Administrator for Airports,
Federal Aviation Administration, from Hon. Scott Perry
Question 1. Can you please provide the committee with all the FAA's
reports and responses to the February 27, 2025, Memorandum from OPM
Acting Director Charles Ezell, Regarding ``Agency Reporting to OPM for
Fiscal Year 2024 Taxpayer-Funded Union Time Use''?
Answer. [Editor's note: See the response on page 99 from Jodi
Baker, Deputy Associate Administrator for Aviation Safety, Federal
Aviation Administration, to Mr. Perry.]
Questions to either Jodi Baker, Deputy Associate Administrator for
Aviation Safety, Federal Aviation Administration; Frank McIntosh,
Deputy Chief Operating Officer, Air Traffic Organization, Federal
Aviation Administration; or Wayne Heibeck, Deputy Associate
Administrator for Airports, Federal Aviation Administration; from Hon.
Robert Garcia
CVR
Question 1. Since 2018, the National Transportation Safety Board
recommended cockpit voice recorders be required to record for 25 hours.
Last year's reauthorization bill required a final rule by 2027, with
newly manufactured aircraft to have 25-hour recording within one year
of enfacement and retrofits for existing aircraft by 2030.
Question 1.a. What is the status of the rulemaking for 25-hour
cockpit voice recording?
Answer. The FAA is drafting a final rule. The Act requires
additional rulemaking to address existing aircraft (``retrofit''), and
currently, we expect to meet the timeframe set forth in the Act for
this rulemaking.
Question 1.b. How concerned is the FAA with respect to deliberate
erasure or tampering of cockpit voice recorders after a reportable
event, and what measures will the FAA consider to protect against this
occurring?
Answer. The FAA takes the integrity and preservation of CVRs very
seriously. While FAA regulations establish requirements for the
handling and retention of CVR data, it is the responsibility of each
operator to include specific guidance in their Flight Operations Manual
to ensure flight crews understand that any tampering with CVRs is
strictly prohibited. These manuals are subject to review and approval
by the Certificate Management Office, which ensures that operator
procedures align with regulatory standards and safety expectations.
Question 1.c. In 2017, Air Canada Flight 759 lined up on the
taxiway, and did not realize it had narrowly avoided a crash with other
aircraft. It flew about 40 hours before Air Canada senior official
became aware of the severity of the incident and realized that data
from the airplane needed to be retrieved. Will the FAA limit
preservation and retrieval to only reportable events under part 830 of
title 49, or expand the universe of incidents which could reasonably
need investigation due to narrowly avoided accidents?
Answer. The `forward fit' NPRM proposing to increase the CVR
recording duration to 25 hours will improve current investigative
capabilities and expand the possible range of data available to
investigators. However, the rulemaking does not propose to alter or
modify existing requirements for preservation and retrieval of CVR
data.
Avgas
Question 2. In September 2022, the FAA issued an expanded FAA
approved model list STC to GAMI for a 100 octane unleaded fuel (G100UL)
for every spark-ignition piston engine in general aviation aircraft. In
September 2024, FAA issued Swift Fuels, an STC for Cessna 172R/S
Skyhawks with Lycoming IO-360-L2A engines to operate on a high-octane
unleaded fuel (100R).
Is the FAA examining Swift Fuel's 100R for additional STCs for
other spark-ignition piston general aviation aircraft and what is the
status of those STC reviews?
Answer. Yes, the FAA is currently examining Swift Fuel's proposals
for 100R for additional spark-ignition engines. Swift Fuel is proposing
a replacement of their UL94 fuel with 100R fuel for 94 grade octane
certified engines. The FAA is considering this replacement based on a
similar rationale from the applicant and other possible testing
requirements.
Question 3. Under the Piston Aviation Fuels Initiative (PAFI), the
FAA is currently working with the LyondellBasell/VP Racing team to test
and evaluate its high-octane unleaded candidate fuel solution (UL
100E). We have heard that PAFI's normal operating procedure has been to
utilize credit cards for testing as this process is very narrowly
tailored to a specific fuel. When the current Administration froze all
credit card expenditures, the only solution to procure necessary item
is the standard procurement process, which is onerous.
Question 3.a. Are credit card procedures delaying purchase of
unleaded aviation gas fuels for testing in the PAFI process? If so, how
is the FAA working to ensure timely testing of PAFI fuel candidates?
Answer. No. The PAFI program is exempt from Executive Order (EO)
14222, Implementing the President's ``Department of Government
Efficiency'' Cost Efficiency Initiative, which froze all purchase card
activity for 30 days effective February 26, 2025. The PAFI program,
exempt from restricted purchases during this time, underwent a series
of process adjustments to ensure compliance with the EO, including
increasing cardholder spending limits to prevent delays.
Question 3.b. What is the status of PAFI testing of LyondellBasell/
VP Racing team (UL 100E), and what is the current timeline for FAA
approval?
Answer. PAFI testing is approximately 35% complete (up-to-date
details are available at http://www.flyeagle.org). The current schedule
for the program is targeting March 31, 2027, as the estimated
completion date for fleet authorization.
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