Airport Alert: House Committee Releases Report to Accompany FY25 DOT/FAA Spending Bill, Including Airport Earmarks

House Committee Releases Report to Accompany FY25 DOT/FAA Spending Bill, Including Airport Earmarks
July 9, 2024

As we have noted in recent Alerts and on weekly calls, the House Appropriations Committee is moving forward with legislation to fund the operations and programs of the Department of Transportation and Federal Aviation Administration for the fiscal year (2025) that begins on October 1. Tomorrow, the full Appropriations Committee will meet to consider the draft measure, which was approved by a key subcommittee on June 27.  
 
In advance of tomorrow’s markup, the House Appropriations Committee today released its report accompanying the bill, which includes a list of airport earmarks (pages 135-141) and provides congressional direction to DOT and FAA on a number of issues related to the Contract Tower Program, airport ground transportation providers, aviation workforce development, community engagement and noise, small community air service, and other items of note highlighted below.
 
As a reminder, the underlying House bill proposes $4 billion for AIP consistent with the authorized funding levels included in the recently enacted FAA reauthorization bill. Of the $4 billion, the bill designates $163.6 million for administration expenses; $15 million for the Airport Cooperative Research Program; $43.4 million for Airport Technology Research; and $10 million for the Small Community Air Service Development Program. The House measure also proposes an additional $257 million in general fund resources to fund 84 airport earmarks rather than taking those funds from base AIP funding, along with $3 million in general fund resources for additional Small Community Air Service Development Program grants to communities where air service was terminated from October 1, 2021 through January 1, 2024. The FAA Contract Tower Program would be funded at $256 million – a $50.6 million increase over FY24.
 
Overall, the measure includes $21.7 billion in total budgetary resources for the FAA. Of that amount, $13.6 billion is proposed for FAA operations, which committee leaders say would allow the agency to hire 2,000 air traffic controllers to replace the retiring workforce. The bill proposes $3.5 billion for FAA facilities and equipment, which is $358 million above the FY24 enacted level. The FAA research, engineering, and development account is funded at $260 million. The bill provides a total of $587 million for the Essential Air Service Program.
 
Unfortunately, the measure does not include funding for supplemental discretionary AIP grants, which were authorized at $200 million annually in the recently enacted FAA authorization bill. The House measure also fails to propose funding authorized in the FAA bill to assist airports with transitioning to fluorine-free firefighting foam as requested by AAAE, airports, and a large contingent of House lawmakers.
 
As we have noted, House Republicans are moving forward with partisan FY25 spending bills at overall funding at levels well below what is acceptable to House or Senate Democrats. Party-line votes are expected on the House measure. A companion DOT/FAA funding bill has yet to be introduced in the Senate, although we expect the process to begin ramping up in the upper chamber the week of July 22. Ultimately, lawmakers will have to reconcile differences between the House and Senate measures – a process that is unlikely to be completed until after the November elections.
 
Notable Items in the Report Accompanying the House FY25 DOT/FAA Spending Bill
 
Airport Earmarks: Can be viewed here (pages 135-141).
 
Airfield Pavement Technology Program: “Of the funding provided for the Airport Technology Research program, $6 million is for the Airfield Pavement Technology Program authorized under section 744 of Public Law 115–254, of which $3 million is for concrete pavement research and $3 million is for asphalt pavement research.”
 
Energy Savings Performance Contracts: “The Committee urges the FAA to examine the feasibility of utilizing Energy Savings Performance Contracts as part of the New Airports Terminal Program and the Airport Improvement Program as a measure to reduce energy usage and support benefit to airports in the form of reduced costs. The FAA should work with the Department of Energy to examine the feasibility of Energy Savings Performance Contracts.”
 
Airport Ground Transportation: “The Committee is aware of the diverse spectrum of relationships airports have with their ground transportation stakeholders. These relationships vary from stakeholders who drop off and pick up single traveling passengers, to stakeholders who pick up and drop off higher numbers of traveling passengers, thereby alleviating wear and tear on airport roads and decreasing emissions. The ability of ground transportation stakeholders to communicate and negotiate access and fee rates with airports also varies widely due to the changing dynamics at the airport curb. The Committee encourages FAA’s Office of Airports to create a venue to facilitate discussion between airports and their ground transportation providers to further the exchange of operational data to provide a safe and efficient experience for the traveling public.”
 
Personal Mobility Devices: “The Committee notes that the number of mishandled and damaged personal mobility devices in our air system is far too high and directs the FAA to take action to ensure these essential pieces of medical equipment are safely and efficiently transported both on the ground and in the air. The Committee urges the FAA to work with airports to increase accessibility throughout airports for both personal mobility devices and the people who utilize them.”
 
Airport Environmental Mitigation: “The agreement provides no less than $5 million to: (1) fund demonstration projects for airports to collect and remove uncontained contaminants caused by aqueous film forming foam (AFFF) and other polyflourinated substances (PFAS) waste resulting solely from aviation operations, and (2) to utilize innovative destruction technologies, including Resource Conservation and Recovery Act-permitted incineration, to measurably reduce and mitigate risks from potential exposures to PFAS-formulated AFF releases to the environment, including contaminated soil and surface and groundwater contamination, at or within five miles of the airport. The Committee further urges the FAA to award demonstration project funding to airports that reflect a geographic diversity of non-hub, small, medium, and large hub airports. Further, the Administrator shall provide a report to the Committee within 120 days of enactment of this Act on the current U.S. and international dependence on HFC and Halon systems for fire suppression, summarize research on potential non-PFAS alternative solutions and a plan for the FAA to work with U.S. industry to identify, develop and test non-PFAS technologies.”
 
Zero-Emission Vehicle (ZEV) and Voluntary Airport Low Emissions (VALE) Programs: “The Committee directs the FAA to provide not less than $10 million for ZEV and VALE eligible projects at any commercial service airport. The Committee urges the FAA to engage with airport sponsors at major hubs to identify projects suitable for the VALE program, such as energy efficiency, energy resiliency, and renewable energy projects that would help prevent power disruptions or outages. Further, the recommendation includes no less than $5 million for eligible hydrogen and fuel cell-related activities through the ZEV and VALE programs.”
Disposition of Noise Lands: “The Committee is concerned about delays in handling noise lands acquired through the AIP-Acquired Noise Compatibility Land Program. The Committee urges the FAA to consider legislative or regulatory changes to ensure that the appraisal of these lands is based on their current fair market value as individual lots or parcels, unless state or local laws require consolidation.”
 
Aircraft Noise: “The Committee directs the FAA to prioritize the reduction of aircraft noise and engage regularly with communities affected by aircraft noise, including residents, business owners and local elected officials. The Committee further directs the FAA to complete and operationalize a central repository for constituent complaints regarding airport noise. This repository should annually collect and publicly release data on noise complaints and annoyance levels, including aggregated information from the FAA Noise Portal.”
 
Contract Tower Technologies: “The Committee supports the FAA Contract Tower (FCT) program as a cost-effective and efficient way to provide air traffic control services to smaller airports across the country. The Committee believes that the FAA should consider equipping air traffic control towers at FCT airports with STARS radar displays, ADS–B displays, or other technology to increase situational awareness for controllers especially as operations at FCT airports continue to rise. The Committee directs the FAA to report to the House and Senate Committees on Appropriations within 180 days after enactment of this Act on how the agency intends to equip towers with radar displays and other technology to enhance aviation safety. The Committee also has concerns about the FAA’s plans to implement a new contract that could fundamentally change the FCT program and the boundaries of its current service areas. The Committee expects the FAA to conduct the appropriate risk analysis and carefully evaluate how any proposed changes could impact the successful FCT program and aviation safety before moving forward. The Committee directs the FAA to report to the House and Senate Committees on Appropriations within 180 days after enactment of this Act on the agency’s proposed realignment and whether the agency has conducted a risk analysis.”
 
Remote Towers: “The Committee recognizes the growing interest in the utilization of remote tower systems as a safe, cost-effective alternative to brick and mortar towers at small and non-towered airports across the country. The Committee urges the FAA to bring transparency, performance-based standards and engagement with stakeholders in advancing this technology. The Committee directs FAA to follow its formal advisory circular process, including notice and comment, and to finalize system design approval documents no later than 90 days after the enactment of this Act.”
 
Counter-UAS: “The recommendation provides $15 million within the ‘‘Unmanned Aircraft Systems Research’’ activity to further support counter-UAS research, development, testing and evaluation activities, utilizing the assets of the Mike Monroney Aeronautical Center and an R1 university with an active airport, an accredited School of Aviation, School of Aeronautical and Mechanical Engineering, and School of Electrical and Computer Engineering with a demonstrated ability to develop applicable radar technology, system integration, and conduct test and evaluation.”
 
Radio Altimeters: “The Committee provides $5 million for the FAA to continue the work established in fiscal year 2024 at the Mike Monroney Aeronautical Center, in partnership with aviation manufacturers, to accelerate testing, certification, and implementation of new radio altimeter capabilities consistent with the next generation avionics standards. The Committee directs FAA to provide an updated report to the Committee on the roadmap and timeline for development, testing and certification of the capabilities.”
 
Aviation Workforce: “The Committee supports increasing the strength and number of aviation professionals who are well-trained and can be relied upon to make air travel safe and efficient. The Committee provides $15 million for the aviation maintenance technician development program and the aviation workforce development program in accordance with section 625 of the FAA Reauthorization Act of 2018.”
 
Electric Aircraft: “The Committee urges FAA to identify and prioritize technical assistance, research, workforce development, and funding opportunities to support air carriers transitioning to electric aircraft. The FAA should also coordinate with outside stakeholders to identify opportunities to advance electrification of current and future aircraft.