Senate Committee Approves FAA Bill

February  8, 2024

After months of delay, the Senate Commerce Committee approved by voice vote a bipartisan five-year FAA reauthorization bill that proposes to increase AIP funding to $4 billion annually and authorizes $350 million for PFAS transition efforts at airports. Since the House approved its version of the bill last year, today's action marks a key step toward getting a multi-year FAA bill enacted into law. As you will recall, FAA programs and excise taxes are currently scheduled to expire on March 8.
 
The FAA bill had been stalled in the Senate since last June over disputes regarding the 1,500-hour training rule and the mandatory retirement age for commercial airline pilots. Debate over perennial hot topics such as slots at Ronald Regan Washington National Airport also slowed down the process. But lawmakers managed to work their way through those and other thorny issues to finally get a bill through the committee.
 
Today's markup went smoothly and required lawmakers to vote on only one amendment – a proposal to raise the mandatory retirement age for commercial airline pilots from 65 to 67, which failed on a party-line vote. The committee also adopted a manager's amendment that included approximately 80 amendments that lawmakers had filed.
 
Key Airport Victories
 
Budd/GA Transient Parking: On the airport front, the committee did not consider an amendment filed by Senator Ted Budd (R-NC) that would have required public use airports to provide transient aircraft parking for general aviation pilots who don't want to use FBO services. And it would have required that any fees for transient parking be 'fair, reasonable, transparent, publicly available (including on the covered airport's website) and exclude any extraneous or hidden costs.'
 
AAAE, ACI-NA, airports around the country, and other aviation stakeholders worked hard to defeat the proposal that was backed by AOPA. Senator Budd recently proposed a revised amendment that would have required DOT and FAA to update rates and charges policy to ensure that rates, fees, rentals, landing fees, and service charges imposed on GA pilots are fair, reasonable, and transparent. But the committee did not consider the modified version either.
 
Senator Budd discussed his concerns about FBO fees during today's markup and cited specific examples to help make his case including general aviation pilots who are forced to pay $400 to drop off passengers at a Massachusetts airport. He indicated his desire to continue pursuing legislative changes in this area as part of FAA reauthorization -- a top priority for AOPA.
 
Fischer-Sullivan/Grant Assurances: The manager's package includes an amendment from Senators Deb Fischer (R-NE) and Dan Sullivan (R-AK) that would eliminate two onerous grant assurances in the underlying bill that AAAE and ACI-NA strongly opposed. One would have prohibited airports from imposing 'unreasonable fees for transient aircraft parking that exceed the airport's cost to operate and maintain the area where transient aircraft may park.' Another would have conditioned AIP funds on airports ensuring that chain FBOs 'publicly disclose on a continuous basis all its prices and fees for the use of its services, products, and facilities at the airport….'
 
The Fischer-Sullivan amendment also revises a separate grant assurance in the underlying bill that would require airports to 'continue providing 100 low-lead aviation gas until such time as a FAA-certified unleaded aviation gas replacement can be made available for purchase or use by general aviation aircraft operators at airports subject to certain conditions.' And it requires 'the FAA and the EPA to not restrict the availability of 100 low-lead aviation gas in the State of Alaska through 2034 and requires GAO to issue a report to inform Alaska's transition to unleaded aviation gas.'
 
Amendments Considered Today
 
Blackburn/Age 67: The Committee rejected an amendment offered by Senator Marsha Blackburn (R-TN) that would have raised the mandatory retirement age for commercial airline pilots from 65 to 67. The vote was 13 to 14 with all Republicans supporting the amendment and all Democrats opposing. The House-passed version of the bill includes a similar provision.
 
Markey/Good Jobs for Good Airports Act: Senator Ed Markey (D-MA) offered and withdrew a revised version of the so-called Good Jobs for Good Airports Act. His amendment would have required airlines and other concessionaires at large and medium hub airports to pay their service workers at least $15 per hour and provide certain benefits. Instead, the Committee agreed to have the GAO study the issue.
 
The labor-backed bill initially called for conditioning AIP funds, PFCs, and Bipartisan Infrastructure Law grants on the new requirements. After AAAE and ACI-NA raised strong objections, SEIU and their allies on the Hill agreed to take airports out of the middle of trying to police wage and benefit levels between employers at airports and their employees. Proponents also narrowed the proposal even further to exempt employers at small hub airports. The labor proposal is not included in the House-passed version of the bill.
 
Key Amendments Included in Manager's Package
 
Thune-Sinema/1,500-Hour Rule: The manager's package includes an amendment from Senators John Thune (R-SD) and Kyrsten Sinema (I-AZ) to modify the controversial 1,500-hour training rule for commercial airline pilots. The revised amendment would require the FAA to establish an 'Enhanced Qualification Program' within six months and 'guidelines for an assessment that prospective pilots are required to pass in order to participate in the training program.'
 
The amendment also states that it will have no impact on the total flight hours that prospective pilots are required to reach in order to receive an airline transport pilot certificate. The previous version of the Thune-Sinema amendment would have allowed prospective pilots to obtain 250 hours of credit for completing enhanced training provided by qualified participating carriers.
 
Warnock-Lummis/DCA Slots: The Commerce Committee endorsed a proposal from Senator Raphael Warnock (D-GA) that 'provides an increase of 10 within and beyond perimeter slot exemptions for 5 additional roundtrip flights between Ronald Reagan Washington National Airport and domestic airports.' This is up from a reported plan to increase the number of roundtrip flights at DCA by four.
 
Cruz/Security Escorts: The manager's amendment includes a controversial amendment from Ranking Member Ted Cruz (R-TX) that would require TSA to provide escorts to lawmakers, cabinet officials, federal judges, other federal officials, and their families and staff at commercial service airports when requested. The latest draft we reviewed also allows TSA to shift that responsibility to airports.
 
AAAE, ACI-NA, and the Airport Law Enforcement Agencies Network spoke out against the Cruz proposal. We highlighted how the TSA is already struggling to keep pace with growing traffic levels and actively working to shift the agency's costs and responsibilities to airports — employee screening, exit lane staffing, canines, and law enforcement responsibilities at checkpoints are recent examples. Given existing constraints, it is likely if not certain that TSA would pass the requirements of this provision to airports. And we pointed out that this would create yet another unfunded federal mandate on local airports. 
 
There was not much discussion about the Cruz amendment or other specific amendments included in the manager's package during today's markup. However, Senator Gary Peters (D-MI) raised objections to the proposal and argued that member of Congress should not get 'special treatment.' Politico published another story on the proposal today.
 
Sinema-Tester/Contract Towers: The manager's amendment includes a proposal from Senators Sinema Jon Tester (D-MT) that would make several changes to the FAA Contract Tower Program. Their proposal: 'establishes a pilot program to convert high activity control towers under the Contract Tower Program to FAA staffed VFR towers.' It also calls for 'minimum ATC staffing levels for certain contract towers.
 
The amendment also includes a USCTA-backed proposal that calls for 'a review and update of ATC wages at contract towers conducted jointly by the FAA and Department of Labor.' It 'adds mixed military use and projected growth as factors for the FAA to consider when assessing potential facilities for the Contract Tower Program.' And it 'increases prioritization for contract tower projects in the small airport fund.'
 
Thune/ATC Towers: The package includes an amendment from Senator Thune that would 'require the FAA to prioritize replacing towers at small hub airports that are at least 50 years old with Facilities and Equipment funds under Infrastructure Investment and Jobs Act.'
 
Duckworth/PFCs: The manager's amendment includes an amendment from Aviation Subcommittee Chair Tammy Duckworth (D-IL) that would 'allow the use of PFC revenue to pay for costs incurred when an airport has to relocate a federal agency that works on airport grounds to another location at the airport due to terminal construction or renovation.'
 
Lummis/Hangars: The package includes an amendment from Senator Cynthia Lummis (R-WY) that would allow nonhub airports to use AIP funds for the construction of new sponsor-owned hangars and the taxiways leading to them.
 
Markey/Energy Efficiency: It includes a proposal from Senator Ed Markey (D-MA) that would 'direct DOT to provide technical assistance for public-use airports to consider implementing electrochromic glass to improve airport energy efficiency.'
 
Markey/Resiliency: The package includes another Markey amendment that 'establishes an airport infrastructure resilience pilot program, providing grants to eligible airport sponsors for the planning, design, and construction of projects that reduce the vulnerability of airport infrastructure due to weather events, natural disasters, sea level rise, permafrost thaw, higher air temperature, etc.'
 
Schatz-Budd/Natural Hazards: The package includes a proposal from Senators Brian Schatz (D-HI) and Budd that would 'ensure airport projects related to natural hazards, disaster preparedness, and emergency management are eligible for funding under the FAA's Airport Improvement Program.'
 
Welch/Airport Energy: The package includes an amendment from Senator Peter Welch (D-VT) that would establish 'a program that encourages airport sponsors to assess the airport's current and future electrical power demand and establishing a pilot program for airports to be able to purchase multi-modal electric charging equipment to support electric aircraft and ground vehicles.'
 
Welch/Revenue-Producing Facilities: It also includes another Welch amendment that would 'prohibit the FAA from restricting funding for revenue-producing facilities at rural public use general aviation airports.'
 
Rosen/Transitioning Airports: Senator Jacky Rosen (D-NV) and others filed an amendment that would 'allow airports transitioning from small hub to medium hub status to not be subject to reduced apportionments based on PFC collections for five years following the transition as opposed to three,' which is included in the underlying bill.
 
Rosen/Encroachment: The package also includes another proposal from Senator Rosen that' would require the FAA to analyze cumulative safety, security and capacity impacts when making a determination of hazard or no hazard for airspace reviews.' The amendment also allows the agency 'to develop a single set of One Engine Inoperative (OEI) surface criteria that is specific to an airport and requires that within 6 months of enactment the Administrator brief Congress regarding the status of FAA's efforts to protect OEI surfaces from encroachment.'
 
Vance/Primary Airports: The underlying bill would allow public airports to be considered a primary airport in FY24 if that airport was designated a primary airport in FY17 and was used by an air reserve station in the calendar year used to calculate apportionments. The package includes an amendment from Senator J.D. Vance (R-OH) that would extend this provision through FY28.
 
Baldwin/Student Loans: The package includes an amendment from Senator Tammy Baldwin (D-WI) that would 'allow Federal direct student loans to be used to finance flight training at accredited Part 141 flight schools and raise the maximum borrowing limits for Federal direct student loans up to $107,500 to help finance the cost of accredited flight training required to obtain a commercial pilot license from certificate, 2-year, and 4-year degree programs.'
 
Baldwin/Veterans: It includes another Baldwin amendment that would require DOT to establish program 'to award flight training schools, with established pathways for employment with airlines, to recruit and provide training to veterans.'
 
Notable Amendments Not Included in Manager's Package
 
Lummis/Categorical Exclusion: The manager's package does not include an amendment filed by Senator Lummis that called for a new categorical exclusion for airport projects that receive less than $12 million in federal funds or projects with a total cost less than $65 million and a federal share of less than 15 percent. The House-passed bill includes a provision that would provide a categorical exclusion for projects that receive less than $6 million in federal funds or projects with a total cost less than $35 million and a federal share of less than 15 percent.
 
Lummis/PFAS: Senator Lummis filed an amendment that would have provided airports with liability protections for PFAS. That was not included in the package either.
 
Related Documents
• Summaries of amendments included in the manager's amendment may be viewed here.

• A section-by-section of the underlying bill, S. 1939, may be viewed here.

• AAAE's Airport Alert outlining the initial Senate bill may be viewed here.