Airport Alert: House Committee Unanimously Approves Bipartisan FAA Bill

June 14, 2023

After considering another round of amendments, the House Transportation and Infrastructure Committee unanimously approved a five-year bipartisan FAA reauthorization bill that calls for increasing AIP funds to $4 billion. Before final passage, the committee narrowly approved an amendment to raise the mandatory retirement age for commercial airline pilots from 65 to 67 and an amendment to prohibit the FAA from issuing vaccine or mask mandates. During the two-day debate, the committee considered over 100 amendments.   
 
Lawmakers considered two other airport-related amendments of note today. Rep. Thomas Massie (R-KY) offered an amendment to eliminate the federal cap on local Passenger Facility Charges. Massie argued that the free market and airports should be permitted to decide the appropriate PFC level at airports.
 
Ranking Member Rick Larsen (D-WA) voiced his support for adjusting the PFC cap but said he couldn't support the amendment because of the bipartisan agreement among the four committee leaders to oppose any amendment that didn't have their unanimous support. Chair Sam Graves (R-MO) made clear that he did not support the Massie amendment. After a spirited defense of local user fees, Massie withdrew his amendment.
 
Rep. Jesus 'Chuy' Garcia (D-IL) offered and withdrew his amendment to add a modified version of the Good Jobs for Good Airports Act to the bill. His amendment would have required airlines and other concessionaires at large, medium, and small hub airports to pay their service workers at least $15 per hour and provide certain benefits.
 
The Senate Commerce Committee is scheduled to mark up its version of the FAA reauthorization bill on June 15th, where we expect another long list of amendments. As we reported yesterday, Senator Ted Budd (R-NC) has filed a troubling amendment that would require and regulate transient general aviation parking at all airports. 
 
On a positive note, Senator Cynthia Lummis (R-WY) has filed amendments, which we support, to eliminate onerous grant assurances and civil penalties in the Senate bill. Senators Deb Fischer (R-NE) and Gary Peters (D-MI) have also filed an amendment addressing the proposed grant assurances. More information and talking points may be viewed here.
 
Amendments 
 
Massie/Passenger Facility Charges: Rep. Massie offered and withdrew an amendment to eliminate the PFC cap.

Garcia/Good Jobs for Good Airports: Rep. Garcia offered and withdrew his amendment to add the Good Jobs for Good Airports Act to the FAA bill.
 
Mast/Ground Transportation: Rep. Brian Mast (R-FL) offered two amendments related to ground transportation services at airports. The first would have required airports to submit reports to the FAA if they are unable to accommodate a request by a ground transportation company to provide services or expand services at their airport. The amendment was defeated by voice vote.

His second amendment would have required airports to ensure that all ground transportation rates, fees, and rentals are uniformly applied. Ranking Member Larsen voiced his opposition to the amendment, in part, because he said it was too prescriptive and would undermine the ability of airports to make their own decisions. Mast withdrew the second amendment. 
 
Nehls/Pilot Age: The committee narrowly approved an amendment offered by Rep. Troy Nehls (R-TX) that would raise the mandatory retirement age for commercial airline pilots from 65 to 67. The vote was 32 to 31.
 
Manager's Amendment
 
Auchincloss/Curbside: The manager's amendment includes a proposal from Rep. Jake Auchincloss (D-MA) that confirms nothing in the underlying bill shall be construed as preventing airports from: 1) engaging in curb designations or regulations; or 2) using sensors, cameras, or license plate readers to enforce curb zones.

Edwards/State Block Grant Program: The package includes an amendment from Rep. Chuck Edwards (R-NC) that would require GAO to issue a report on the responsibilities of states participating in the state block grant program. It would also require GAO to review the impact of the bipartisan infrastructure law (BIL) 'and other federal administrative funding sources on the block grant states' ability to disburse and administer AIP funds.'

Ezell/Secondary Runways: It also includes a proposal from Rep. Mike Ezell (R-MS) that would require the FAA to consider allowing small and nonhub airports to use BIL funds for secondary runways notwithstanding the level of operational activity at the airport.

Johnson/Essential Air Service: The underlying bill would require EAS communities to pay a 5 percent local match. The manager's package includes a proposal from Rep. Dusty Johnson (R-SD) that would exclude those EAS airports that are more than 175 miles from a medium or large hub airport.

Molinaro/AAM and AIP: The manager's amendment includes a proposal from Rep. Marc Molinaro (R-NY) that would allow DOT to establish a pilot program at up to ten airports that would allow those airports to use AIP funds for equipment to 'support the operations of electric aircraft including interoperable electric vehicle charging equipment….'The pilot program would sunset in five years.
 
Molinaro/Unclassified Airports: The manager's amendment includes another proposal from Rep. Molinaro that would allow unclassified privately-owned reliever airports to submit a request to DOT to be reclassified based on criteria used to classify publicly owned airports.

Stauber/Essential Air Service: The package included a proposal from Rep. Pete Stauber (R-MN) that would limit the proposed local match for EAS communities to five percent.