Airport Alert: Lawmakers File Amendments to Infrastructure Bill

June 26, 2020

As House Democratic leaders prepare to bring their $1.5 trillion infrastructure package the House floor next week, lawmakers on both sides of the aisle have filed almost 350 amendments to the bill including a number of airport-related proposals and amendments dealing the FAA, TSA and CBP.

The underlying bill includes a number of provisions that would provide more funds for airport infrastructure projects and COVID-19-related expenses. As we have previously reported, the bill would increase the annual AIP authorization level from $3.35 billion to $4 billion through FY25. It would also provide up to $4 billion annually in supplemental funding for airports during the same five-year timeframe.

The measure would also reinstate Build America Bonds and Advance Refunding Bonds, which airports have used in the past to help finance their infrastructure projects. Rep. John Garamendi (D-CA) filed an amendment that could give airports another financing tool. His amendment would make projects at publicly-owned airports eligible for some Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance.

More information on the airport provisions in the underlying bill may be viewed here. And information some of the aviation-related amendments is below.

What's Next? The House Rules Committee is planning to meet on Monday at 1:00 p.m. to consider amendments to H.R. 2 and determine the process for the floor debate. Democratic Leaders plan to bring the bill to the floor next week and finish before July 4. Majority Leader Steny Hoyer (D-MD) said this afternoon that, "There may be a lot of amendments, but we hope to hold the votes down to a manageable level."

Amendments of Note

Cohen/CARES Act Grants: Rep. Steve Cohen (D-TN) filed an amendment that would prohibit airports "that received more than four times their annual operating expenses under the CARES Act" from receiving supplemental airport funding through FY25. The underlying bill would prevent those airports from receiving supplemental funding in FY21 and FY22.

Garamendi/TIFIA: Rep. John Garamendi (D-CA) filed an amendment would make "publicly owned airport projects eligible for any unobligated/uncommitted balance (currently $1.88B) under Transportation Infrastructure Finance and Innovation Act (TIFIA), subject to FAA's existing "Buy American" requirements.

Garcia/COVID-19 Protections: Rep. Jesus Garcia (D-IL) filed an amendment that would "expand COVID-19 protections to passenger and freight/cargo transportation workers across all modes."

Graves/Commercial Space: Rep. Garrett Graves (R-LA), the Ranking Member of the Aviation Subcommittee, filed an amendment that would create "a DOT pilot grant program for the purpose of improving infrastructure for launch sites." His proposal calls for reducing supplemental funding in the bill for airport infrastructure by $20 million annually to pay for the commercial space initiative, which would allow airports to receive up to $250,000 per launch.

Hastings/Airport Privatization: Rep. Alcee Hastings (D-FL) filed an amendment that would clarify "that airports that have received records of decision under the FAA's Airport Investment Partnership Program are eligible for existing loan guarantee authority under the CARES Act."

Jackson Lee/COVID-19 Funding at Airports: Rep. Sheila Jackson Lee (D-TX) filed an amendment that would require "a report from the FAA on those areas of the airport system that have not received any COVID-19 related funding and requires prioritizing of funding to these areas."

Jayapal/Environmental Set-Aside: Rep. Pramila Jayapal (D-WA) filed an amendment that would increase the environmental set-aside for supplemental airport funding in the underlying bill from 4.5 percent to 5 percent.

Kilmer/Airport Resiliency Projects: Rep. Derek Kilmer (D-WA) filed an amendment that would allow Airport Resiliency Projects to include projects at general aviation airports that are "designated as a Federal staging area by the Federal Emergency Management Agency to accommodate critical emergency infrastructure in rural communities."

Lewis/Airport Sponsorship: Rep. John Lewis (R-GA) filed an amendment that would codify "existing FAA rules about changes in airport sponsorship."

Lynch/Federal Guidelines for COVID-19: Rep. Stephen Lynch (D-MA) filed an amendment that would require DOT, HHS, and DHS "to establish an expert Joint Task Force to develop uniform federal safety guidelines and protect passengers and aviation employees against the impact of the coronavirus pandemic." This is similar to bill that Senator Ed Markey (D-MA) and Richard Blumenthal (D-CT) introduced in the Senate.

Moore/PFCs: Rep. Gwen Moore (D-WI) filed an amendment that would require airports submitting a PFC application "to detail any good faith efforts they will undertake to ensure that disadvantaged business enterprises and small businesses, including those owned by veterans, can fairly compete for work funded with the PFC."

Napolitano/Fuel Tax: Rep. Grace Napolitano (D-CA) filed an amendment that "overturns a 2014 FAA policy change and reestablishes previous FAA interpretation and enforcement that the restriction on the use of aviation fuel tax revenues for airport purposes applies to excise taxes and not general sales taxes."

Rouda/Emissions-Noise: Rep. Harley Rouda (D-CA) filed an amendment that calls for the establishment of "the Aviation Industry Assistance for Cleaner and Quieter Skies Voucher Program to provide incentives to enhance our domestic airline fleets and reduce emissions and noise."

Ruiz/Economic Development: Rep. Raul Ruiz (D-CA) filed an amendment that would facilitate "economic development via the closure of the Banning Municipal Airport in Banning, CA."

Smith/Pollution Study: Rep. Adam Smith (D-WA) filed an amendment that would require the FAA "to work with the National Academy of Sciences to conduct a national study on the characteristics, distributions, sources, and potential health effects of airborne ultrafine particles in airport adjacent communities."

Smith/Noise Mitigation: Rep. Adam Smith filed another amendment that would allow airports to use AIP funding to "cover the costs of replacing or repairing failing noise mitigation in homes previously mitigated under an AIP-funded noise program."

Speier/Flight Procedures-Noise: Rep. Jackie Speier (D-CA) filed an amendment that would require "FAA staff to answer questions submitted in writing by Members of Congress relating to flight procedures or other data affecting their district within 90 days. It would also require FAA staff to appear at a meeting or town hall with a Member of Congress with 30 days' notice...."

Thompson/TSA Employees: Rep. Bennie Thompson (D-MS), the Chairman of the Homeland Security and Governmental Affairs Committee, filed an amendment that would ensure that TSA workers are "afforded the same rights and protections afforded to other Federal workers under Title 5." Under his proposal, TSOs would be compensated under the General Services wage system" and "have full collective bargaining rights...."

Vela/CBP: Rep. Filemon Vela (D-TX) filed an amendment that "assures that all primary commercial service airports within 20 miles of the southern border with land ports of entry in proximity to such airports are associated that land port of entry and that CBP designates such airports as ports of entry."

Waters/Concessionaires: Rep. Maxine Waters (D-CA) filed an amendment that would require airports that receive supplemental funding "to provide financial relief to airport concessionaires experiencing economic hardship and to show good faith efforts to provide relief to socially and economically disadvantaged businesses." The underlying bill makes financial relief to airport concessionaires an eligible expense for supplemental airport funding in FY21.