Airport Alert: Senate Appropriations Committee Unveils FY22 Spending Bills
October 18, 2021
Senate Appropriations Committee Chair Patrick Leahy (D-VT) this afternoon released nine spending bills for Fiscal Year 2022 that include proposed funding for the Department of Transportation, Department of Homeland Security, and a long list of airport priorities.
The FY22 Departments of Transportation, Housing and Urban Development, and Related Agencies appropriations bill includes $3.35 billion for the traditional AIP account, $603.5 million for supplemental discretionary grants, and a $5.6 million increase for the FAA Contract Tower Program.
On the DHS front, the Senate Appropriations Committee is proposing $46.4 million for the law enforcement officer reimbursement grant program. It also contains funding for TSA to continue monitoring exit lanes from the sterile area of the airport at those locations where TSA monitored them on December 1, 2013.
Senate committee leaders are releasing the text today because they have yet to consider these bills at the committee level – let alone in the full Senate – due to ongoing disagreements between Republicans and Democrats on top-line funding and the split between non-defense and defense spending. Republicans have already announced their opposition to the bills posted today indicating that they skew to far in favor of non-defense spending.
House and Senate leaders will now work to reconcile differences between the Senate drafts and the House versions of the bills that were passed by the full House earlier this summer in the case of the DOT spending bill or cleared through House Committee in the case of DHS. They will aim to complete that ongoing work by December 3, the date that federal funding is set to expire under the current continuing resolution.
Department of Transportation
The Senate version of the FY22 DOT/FAA spending bill would provide a total of $90.5 billion for DOT next year – $19 billion above the current funding level and $18.7 billion more than the administration's request. Senate lawmakers are also proposing to increase funding for the FAA by almost $900 million in FY22.
Funding for FAA Programs
FAA: Overall, the Senate bill includes more than $18.8 billion for the FAA – about $395 million above the administration's budget request and almost $881.6 million more than the FY 21 funding level.
Facilities and Equipment: The measure proposes more than $3.2 billion for FAA facilities and equipment, including NextGen programs.
Operations: It includes more than $11.434 billion for FAA operations – the same amount that the administration requested.
Research, Engineering, and Development: The Senate measure includes $258.5 million for research, engineering, and development – the same amount that the administration requested.
Airport Improvement Program
Traditional Airport Improvement Program Funding: The Senate bill includes $3.35 billion for the traditional AIP account in FY22 – the same as the current funding level. Of that amount, approximately $127.2 million would go toward administration expenses, $15 million for the Airport Cooperative Research Program, almost $41 million for Airport Technology Research and $10 million for the Small Community Air Service Development Program.
Supplemental Airport Improvement Program Funding: The Senate bill includes almost $603.5 million in supplemental AIP discretionary grants – about $203.5 million more than the current level and the House-passed version of the bill. That proposed increase of $203.5 million would be reserved for earmarks, or "Congressionally directed spending for Airport Improvement Program…." The list of AIP earmarks may be viewed on pages 43 and 44 of the report.
The Committee expects the FAA to use $50 million of the supplemental AIP funds for the Zero-Emission Vehicle and Voluntary Airport Low Emission Program "in order to increase electrification at airports."
Continued EDS Prohibition: The bill continues the prohibition against the use of AIP funds for "the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems."
Local Match: The bill maintains a narrow provision that allows small airports to pay the lower 5 percent match for any unfinished phased projects that were underway prior to the passage of the FAA Modernization and Reform Act of 2012.
Small Community Programs
Contract Towers: The Senate bill includes $178.4 million in dedicated funding for the Contract Tower and Contract Tower Cost Share Programs – $5.6 million more than the current level and $400,000 more than the House-passed bill. That increase would fund all 258 contract towers currently in the program and allow the FAA to add other airports to the program during the next fiscal year.
The bill also prevents the FAA from withholding from consideration and approval any new application for participation in the Contract Tower Program, or for revaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport…."
The report indicates that the Committee "strongly supports the FAA contract tower program as a cost-effective and efficient way to provide air traffic control services to smaller airports across the country." However, lawmakers noted a recent Department of Transportation Office of Inspector General report that "found serious gaps in the FAA's monitoring and oversight of contract tower staffing levels." The Committee directs the FAA to address the recommendations in the OIG report.
Remote Towers: The Senate bill includes $4.9 million to "to fund contract controllers for type certification at Leesburg, to complete the active testing phase of the operational evaluation at Fort Collins, and to begin the validation and verification at Fort Collins."
Essential Air Service: The Senate bill includes $317.7 million in discretionary funding for the Essential Air Service Program. Coupled with an estimated $72.8 million from overflight fees, the overall funding level for EAS would rise to approximately $390.5 million in FY22. It would also waive the 15-passenger seat requirement.
Small Community Air Service Development: The Senate bill includes $10 million for the Small Community Air Service Development Program from the AIP account. This is the same amount that Congress approved for the program in FY21.
Noise and Environment
Community Noise Engagement: The bill includes more than $7.6 million for community noise engagement. According to the report, "this funding will allow the FAA to develop new real-time and on-demand tools for communities impacted by aircraft noise."
Aircraft Noise: The Committee report notes that the "FAA is continuing its focus on DNL and undertaking a comprehensive review of its noise policy…." The Committee notes that it expects the FAA to include "all relevant stakeholders in this process" including communities near airports.
Zero-Emission Vehicle and Voluntary Airport Low Emission Program: The Committee expect the FAA to use $50 million of the supplemental AIP funds for "ZEV and VALE eligible projects in order to increase electrification at airports."
Sustainable Aviation Fuel: The bill includes $50 million to "increase for FAA research to advance Sustainable Aviation Fuels…."
Miscellaneous
Cost Free Space: The Senate bill includes a AAAE-backed proposal that would continue to prohibit the FAA from requiring airports to provide space free of charge in airport-owned buildings.
Airport Cooperative Research Program: As mentioned above, the Senate bill includes $15 million in AIP funding for the Airport Cooperative Research Program.
Contract Weather Observers: The bill would continue to block the FAA from eliminating the Contact Weather Observers program at any airport.
Unmanned Aircraft Systems: The bill includes more than $23.1 million for UAS integration and $6 million for UAS test sites.
Safety Management System: In the report, the Committee directs the FAA "to prioritize issuing a rulemaking requiring design and production approval holders for aviation products to establish a SMS…."
Aviation Workforce Development Program: The bill includes $10 million for the Aviation Workforce Development Program. The committee notes that funding "shall be use for both aircraft pilot workforce and aviation maintenance workforce."
Additional Info
• A copy of the bill summary.
• A copy of the bill text.
• A copy of the explanatory statement.
Department of Homeland Security
In total, the Senate recommends $71.7 in discretionary funding for DHS and its component agencies, including TSA and CBP. This funding level is $65 million less than the President's budget request and $136 million less than the FY21 enacted level. DHS Subcommittee Chair Chris Murphy (D-CT) noted that funding priorities in the measure included "historic investments in climate resiliency and cybersecurity" and an "emphasis on border policies that are driven by data, not politics."
Transportation Security Administration
A total of $8.5 billion in discretionary appropriations was provided for TSA activities, matching the President's budget request for FY22 and $153 million above the FY21 enacted level. This recommendation fully funds key airport priorities including:
• $46.4 million for the law enforcement officer reimbursement grant program;
• $30 million to continue to reimburse airports that incurred costs associated with the development of a partial or completed in-line baggage system prior to August 3, 2007;
• $104.5 million for the purchase and installation of approximately 126 computed tomography (CT) machines for passenger checkpoints at the highest-risk airports in the United States;
• $4.25 million for a mobile driver's license initiative to develop the agency's capability to ingest and authenticate this digital information;
• $7.8 million for the unmanned aerial systems program including the testbeds at Miami and Los Angeles airports; and
• Funding for TSA to continue monitoring exit lanes from the sterile area of the airport at those locations where TSA monitored them on December 1, 2013.
The report that accompanies the bill highlights additional funding details and recommendations. Of note:
Law Enforcement Officer (LEO) Reimbursement Program: In addition to fully funding the LEO reimbursement grant program, report language directs TSA to maintain and fund the LEO reimbursement program in the future recognizing the important role this program has played in helping airports meet federally mandated airport security requirements.
Explosives Detection Systems (EDS) Reimbursements: The report directs TSA to brief the Committee on its updated timeline and allocation plan for the reimbursement of these funds within 60 days and how the agency will address the remaining balance of reimbursement claims in future budget requests.
Touchless Screening: The report recognizes the work TSA has undertaken to identify a range of innovative options to create a safe, sanitary checkpoint environment for the future wellbeing of TSA personnel and the flying public. TSA is directed to report "on options to leverage digital capabilities to limit interactions that are not conducive to a touchless screening environment between passengers and TSOs without adversely impacting the core security mission, and TSA's strategy for procurement and acquisition of available technologies to promote a touchless screening environment."
In-Line Baggage Handling and Screening Systems: Report language encourages TSA to continue to support expansion of EDS at small airports to enhance security across the airport system and offer improved capabilities such as: greater ability to differentiate threats using the standalone EDS, reduced processing time for the baggage being screened, and reduction of manual screening to exceptions identified by the EDS.
Passenger Volume Growth: The Senate report directs TSA to ensure that future budget requests include a robust forecast of passenger volume in relation to funded staffing levels and the projected improvements in operational capabilities as a result of the continued deployment of new technologies.
Staffing and Workload: TSA is directed to provide a report, beginning 90 days after enactment and monthly thereafter, on staffing levels by major personnel categories along with the travel volumes during the same time period. Also, this report shall consider TSA performance measures, such as travel volumes and wait times at checkpoints as well as the deployment of new equipment to identify how changes in personnel and assets impact TSA's operational capabilities.
Screening Workforce Pay Strategy: The report recognizes TSA's work to improve efforts to retain, hire, and train Transportation Security Officers (TSO) through pay reform initiatives, nothing that "the screener workforce is critical to identifying and mitigating aviation security threats and these initiatives are key to increase workforce retention; provide opportunities for employees to develop, grow, and enhance their careers; and improve the Nation's overall aviation security posture." TSA must provide quarterly reports on its pay reform efforts and the subsequent effect on TSO retention levels. Additionally, TSA shall provide a report within 180 days once the FY22 bill is enacted into law that details the number of TSOs hired and corresponding retention levels since FY16, delineated by fiscal year. As part of this report, TSA shall include a plan for continuous and sustained human capital investment that also incorporates the impact of new technologies and equipment that bring more capabilities to the workforce.
Real-Time Wait Times: To report directs TSA to brief on the implementation of a pilot program for real-time security checkpoint wait times at an appropriate sampling of airports, as required by the FAA Reauthorization Act of 2018.
Credential Authentication Technology (CAT): TSA is required to identify which airports currently have CAT systems deployed and which airports do not, as well as provide a plan for the full procurement and deployment of CAT systems at all of the nation's airports within 90 days of the date of enactment of this act.
U.S. Customs and Border Protection (CBP)
In total, the bill provides $14.7 billion for CBP, which is $80 million below the President's budget request and $534 million below the FY21 enacted level. The bill rescinds $1.9 billion from prior year funding for border barriers and repurposes those funds to improve the security of and operations at the nation's borders and at ports of entry. Unfortunately, the repurposing of prior appropriations does not include funding to hire additional CBP officers or to offset CBP's user fee revenue shortfalls as a result of a significant decline in international travel due to the COVID-19 pandemic.
Key highlights from the CBP section include:
CBP Officers: While the bill does not include funding to hire additional CBP officers in FY22, the report points to funding provided to retain all current CBP personnel, including the 600 additional officers hired in FY20 to address the need for staff to facilitate legitimate travel and trade and to alleviate the need to temporarily reassign officers to other ports or regions of the country to conduct surge operations. The report directs CBP to ensure that these officers are appropriately deployed to large hub international airports and seaports in noncontiguous border States as well as provide staffing at new and expanded aviation ports-of-entry to meet the demand of arriving passenger volumes based on data provided by the airport and airlines and incorporate it into their workload staffing model.
Overtime: The bill retains the overtime cap at $45,000 for CBP officers and continues to permit the Secretary to waive this cap on an individual basis in the case of immigration emergencies.
Reimbursable Services Programs: The report stresses that the reimbursable services program is a partnership between the private sector and government entities to provide additional inspection services on a reimbursable basis upon request by the stakeholders. These reimbursable programs are not to supplant baseline service levels, but instead are used to supplement enhancement requests for service that CBP would be otherwise unable to perform. The report directs CBP to provide each port operator with information on baseline service levels and report quarterly on CBP's adherence to these baseline service levels.
Biometric Exit: The bill assumes the collection of $30 million in user fees to support biometric exit activities in FY22. This is about half the amount previously collected and reflects a decrease in various visa issued during the pandemic.
Additional Info
• A copy of the bill summary.
• A copy of the bill text.
• A copy of the committee report.
• Details about community funded disaster mitigation and emergency operations center projects can be found in the committee report on pages 132-134.
