Airport Alert: Efforts to Avoid Government Shutdown Continue

December 20, 2024

After two failed attempts this week to extend federal funding beyond midnight tonight, when it expires under the terms of a previous continuing resolution, House Republican leaders are still scrambling to come up with a plan to avoid a government shutdown. Later today, the House is expected to vote on the latest attempt from the GOP to keep the lights on – a bill that would extend federal funding through March 14, provide $110 billion in disaster assistance, and extend farm programs for a year. A controversial proposal suggested by incoming President Donald Trump to extend the federal debt limit – which had drawn fire from Democrats – is not a part of the latest package nor is a long list of extraneous provisions included in the first version of the continuing resolution circulated by Speaker Johnson on Wednesday (see Airport Alert).

It is unclear at this point, if the third attempt at passing a CR will prove successful or if the Senate will also approve the measure, although the path through that chamber is expected to be much easier, especially with Christmas quickly approaching.

Given the uncertainty at this point and the significant impacts that government shutdowns have on the aviation system (see specifics below for impacts at DOT, FAA, DHS, TSA, and CBP), AAAE joined with a broad array of aviation stakeholders on a letter to House and Senate leaders urging immediate action to avoid that outcome.

We will keep you apprised of how things progress today but wanted you to be aware of the state-of-play, efforts by the aviation industry to gain resolution, and what a shutdown would mean for our federal partners and their employees.

DOT/FAA Functions That Continue

Air traffic control (ATC) services
Maintenance and operation of navigational aids and other facilities
Flight Standards field inspections
Airworthiness Directives
Airmen medical certifications
Certain certification activities (e.g., issuance of waivers for UAS and in support of other safety and security operations; approval of exemptions for UAS operations; ATC specialist medical clearances)
Air traffic safety oversight (limited)
Hazardous materials safety inspections
On-call accident investigations
Commercial space launch oversight, and licensing
Command, control, communications, and intelligence
Foreign relations on aviation safety-related matters
FAA’s aircraft and airman registry
Congressional liaison services
Support functions necessary to provide timely payments to contractors and grantees
National aviation research, engineering, and development (RE&D) funded by multi-year appropriations
Airport inspections
Existing airport development grants
Passenger facility charge approvals
Airport planning and environmental services funded by AIP contract authority
Activities and personnel funded through the Infrastructure and Investment Jobs Act (IIJA)/Bipartisan Infrastructure Law (BIL)

DOT/FAA Functions That Cease

Air traffic controller hiring
Training of air traffic controllers
Aviation rulemaking
Random drug testing of the non-safety workforce
Facility security inspections
Routine personnel security background investigations and PIV card services
Continuity of Operations Planning
Development, operational testing, and evaluation of NextGen technologies
Development of NextGen safety standards
Air traffic performance analysis
Capital planning and implementation for FAA facilities and equipment programs (that are not funded by IIJA/BIL)
Investment planning and financial analysis
Dispute resolution
Audit and evaluation
Financial operations, controls, reporting and accountability
Most budgeting functions
Law enforcement assistance support
Most administrative support functions not required for support of excepted positions
Delivery of routine public affairs services, website updates, and social media activities

DHS/TSA/CBP Functions That Continue

Activities necessary by law, the Constitution, or necessary for safety of human life or protection of property
Continuing TSA and CBP passenger processing and cargo inspections
Vetting and adjudication activities, including for airport workers, TWIC card holders, and others
Maintaining law enforcement operations, including drug interdiction and irregular migration management
Providing the protective functions of the U.S. Secret Service
Maintaining counter-terrorism watches or intelligence gathering or dissemination in support of terrorist threat warnings
Disaster Relief Fund activities will continue operations
Fee-funded activities

DHS/TSA/CBP Functions That Cease

Planning (such as strategic, business, or budgetary activities)
Research and development activities
Most policy functions, administrative, as well as programmatic, unless those functions are justified by an exception
Auditing
Most regulatory, legislative, public affairs, and intergovernmental affairs unless those functions are justified by an exception
Training and development not deemed an excepted activity