Airport Alert: Lame Duck Update

As Congress painstakingly works to finish the remaining items on its end-of-year to-do list, we wanted to provide an update on where things stand on appropriations, the annual defense bill, the CONTRACT Act, and key committee races for the 118th Congress. 

Appropriations

With federal funding currently set to expire on December 16, the House last night passed another continuing resolution (CR) that extends federal funding through December 23. This short-term stopgap funding bill is an attempt to provide Congress more time to assemble and pass a final FY23 omnibus spending package before the holidays. Senate Majority Leader Chuck Schumer (D-NY) has indicated that he is working on a time agreement to expedite passage of the CR in the Senate before Friday's deadline, but he'll need cooperation from Republicans to do so and avert a government shutdown. While fiscal hawks like Senators Rand Paul (R-KY) and Mike Lee (R-UT) may make this difficult, neither party wants to be responsible for a shutdown, and therefore, we expect the CR to ultimately pass before the Friday night deadline.

With an agreement on a framework for a final FY23 spending package now in place, appropriators are working around the clock to wrap up the legislation. We expect the contents of the omnibus spending bill to be released early next week, after which, Congress will face the daunting task of passing the bill through both chambers by the end of the week. The Senate will take up the omnibus first, but whether it has the necessary support from Republicans to break a filibuster remains an open question. Additionally, Senate Republican Leader Mitch McConnell (R-KY) is continuing to stick to his threat that if the omnibus isn't done before December 22, he'll only support another CR into next year, squeezing an already difficult timeline even further. 

CONTRACT Act

AAAE and the U.S. Contract Tower Association are continuing to work closely with Senator James Inhofe (R-OK), Rep. Julia Brownley (D-CA), and other allies on Capitol Hill to convince Congress to pass the CONTRACT Act before the end of the year. The bill would help address the growing staffing challenges that small airports are facing by allowing air traffic controllers who retire from federal service to continue working at contract tower airports without jeopardizing their federal annuity supplement. We urge contract tower airports to continue to weigh in with their House and Senate lawmakers and ask them to pass the CONTRACT Act this year.

National Defense Authorization Act 

Leader Schumer is also pressing to pass the FY23 NDAA through the Senate by the end of this week. To expedite passage, two amendment votes will occur (and possibly a third). The first is a Republican amendment that would reinstate troops that were kicked out of the military for not complying with the Pentagon's vaccine mandate and grant them back pay. The second is a proposal from Senator Joe Manchin (D-WV) to overhaul permitting for energy projects. Both would require 60 votes for adoption, and as a result, both are expected to fail. Once those votes are out of the way, Schumer is hopeful that the Senate will be able to move forward to final passage of the NDAA by the end of the week and send the bill to President Biden to be signed into law. As a reminder, the NDAA contains a few provisions concerning airports, including pilot programs for sustainable aviation fuel and one-stop security. 

House Transportation and Infrastructure Ranking Member Race

Yesterday, the House Democratic Steering and Policy Committee voted to recommended current Aviation Subcommittee Chair Rick Larsen (D-WA) to be the top Democrat on the House Transportation and Infrastructure Committee in the next Congress. The top spot on the Democratic side is available with the retirement of Rep. Peter DeFazio. Larsen secured 44 votes from the steering committee versus Rep. Eleanor Holmes Norton's (D-DC) 12. While the entire House Democratic caucus must now vote on the contest, which will likely occur next week, Larsen's lopsided support from the steering committee is a strong indication that he will likely become the next ranking member of the House Transportation Committee.