Airport Alert: House Appropriations Committee Clears FY22 DOT/FAA Spending Bill

July 16, 2021

The House Appropriations Committee today approved a Fiscal Year 2022 spending bill for the Departments of Transportation, Housing and Urban Development, and Related Agencies that proposes $3.35 billion for AIP, an additional $400 million for supplemental discretionary grants, and a $5.2 million increase for the FAA Contract Tower Program.  The party-line vote was 33 to 24.

The bill would provide a total of $105.7 billion for DOT next year – $19 billion above the current funding level.  Transportation Appropriations Subcommittee Chair David Price (D-NC) said the funding "represents a renewed commitment to prioritize safety, to upgrade our aging transportation infrastructure" and "bolster our resiliency to natural disasters and a changing climate...."

Full Committee Ranking Member Kay Granger (R-TX) said funding for airports and air traffic control modernization, "will be critical for the aviation industry as it recovers from the coronavirus pandemic."  But she said the proposed $7 billion increase for Housing and Urban Development puts the measure "in jeopardy."  

While the FY22 funding process is moving forward on the House side, a group of Senators and the White House are trying to finalize an agreement on a five-year infrastructure package consistent with the bipartisan infrastructure framework.  Chair Price said again today that the FY22 DOT/FAA spending bill is a "down payment" on a broader infrastructure bill.  
 
Airport Improvement Program
 
Traditional Airport Improvement Program Funding:  The House bill includes $3.35 billion for the traditional AIP account in FY22 – the same amount provided in the current fiscal year.  Of that amount, approximately $127.2 million would go toward administration expenses, $15 million for the Airport Cooperative Research Program, almost $41 million for Airport Technology Research and $10 million for the Small Community Air Service Development Program. 

Supplemental Airport Improvement Program Funding:  The measure includes an additional $400 million in supplemental AIP discretionary grants – the same as the current level.  Of that amount, approximately $80 million would be reserved for earmarks, which are officially known as "Community Project Funding" requests.   

Earmarks:  Chair Price said again today that his subcommittee received more than 1,000 requests for earmarks, and the bill includes funding for almost 970 projects. More information on the member requests and the projects funded by the subcommittee – including airport projects –  may be viewed here. 

Continued EDS Prohibition: The bill continues the prohibition against the use of AIP funds for "the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems." 
 
Local Match: The bill maintains a narrow provision that allows small airports to pay the lower 5 percent match for any unfinished phased projects that were underway prior to the passage of the FAA Modernization and Reform Act of 2012.  
 
Small Community Programs
 
Contract Towers: The House bill includes $178 million in dedicated funding for the Contract Tower and Contract Tower Cost Share Programs – $5.2 million more than the current level.  This is the same amount that AAAE and the U.S. Contract Tower Association has requested.  That increase would fund all 258 contract towers currently in the program and allow the FAA to add other airports to the program during the next fiscal year.  

The report accompanying the bill says the Committee "continues to strongly support the FAA contract tower program as a cost-effective and efficient way to provide air traffic control services to smaller airports across the country. The Committee expects the FAA to continue to operate the 258 contract towers currently in the program, annualize funding for towers that will be added in 2021, and provide full-year funding for new airports expected to be added to the program in fiscal year 2022." 

Essential Air Service: The House bill includes $247.7 million in discretionary funding for the Essential Air Service Program.  Coupled with an estimated $116 million from overflight fees, the overall funding level for EAS would rise to approximately $363.7 million in FY21 – the same as the administration's budget request and $67.7 million more than the current level. It would also waive the 15-passenger seat requirement.  

Small Community Air Service Development: The House bill includes $10 million in AIP funding for the Small Community Air Service Development Program.  This is the same amount that Congress approved for the program in FY20 and $10 million more than the administration requested.  

Noise and Environment

Airport Vehicles:  The report "directs the FAA to promote both the Airport Zero Emissions Vehicle and Infrastructure Pilot Program and the Voluntary Airport Low Emissions Program as opportunities for airports to meet their obligations under the Clean Air Act." 

Sound Insulation:  The report indicates that lawmakers are pleased that the FAA "considers residences that were mitigated prior to 1993 with sound insulation as ‘unmitigated' if an airport can verify that the residences continue to fall within the latest DNL 65 dB contour and have an interior noise level of DNL 45 dB or higher."  

The Committee goes on to "direct the FAA to continue its outreach efforts to airports of this eligible use of AIP funding. For residences that do not meet the criteria for the AIP sound insulation program, the FAA and airports should seek assistance from other Federal agencies and programs, such as HUD's Healthy Homes program…."

Community Engagement and Noise:  Lawmakers continue to focus on aircraft noise and community engagement.  The Committee report highlights "the need for a higher caliber of transparency and participation in discussions about airport and aircraft noise, as evidenced by the multiple lawsuits brought on by metroplex project."  But Committee members suggest that dialogue between the FAA and local residents is not enough: 

"Conversations between the FAA and community residents alone are wholly inadequate," the Committee report states.  "Airports, airlines, pilots, state and local officials, residential developers, and real estate agents also bear some responsibility for preventing and resolving community noise concerns, such as compatible land use, construction methods and materials for noise reduction, disclosure of existing and future noise issues, voluntary noise abatement operating procedures, and equitable enforcement of noise ordinances." 

Additional Funding for Community Engagement:  The bill includes an additional $8 million from the FAA Operations account to "support regular engagement with communities affected by noise."  According to the report, "these funds are primarily to be used to provide on-line, real-time, authoritative information to the public about airport operations and aircraft position and altitude, respond to questions and complaints from public, make aggregated information from the FAA noise portal available to the public, and ensure FAA participation and technical analysis at roundtables, workshops, and other public forums about noise." 

Aircraft Noise Survey:  Lawmakers commented on the FAA's aviation noise survey, which the agency published earlier this year.  According to the Committee report, lawmakers are "pleased that the FAA is challenging its own long-held beliefs about noise, including whether the day-night average sound level (DNL) is the appropriate metric and whether 65 decibels (dB) is the appropriate threshold for noise tolerance." 

The Committee directs the FAA to "consult with the Federal Interagency Committee on Aviation Noise and the Council on Environmental Quality on the implications that this noise policy review may have on fields and industries outside of aviation."  Lawmakers also direct the agency "to provide an update on the noise policy review process, participants, and timetable" within 90 days of enactment.

Miscellaneous

Cost Free Space: The House bill includes a AAAE-backed proposal that would continue to prohibit the FAA from requiring airports to provide space free of charge in airport-owned buildings. 

Airport Cooperative Research Program: As mentioned above, the House bill includes $15 million in AIP funding for the Airport Cooperative Research Program. 
 
Contract Weather Observers: The bill would continue to block the FAA from eliminating the Contact Weather Observers program at any airport.