Critical Week Ahead for FAA Reauthorization
July 15, 2023
The week ahead will be incredibly busy and consequential on the FAA reauthorization front with action expected on the House floor and in the Senate Commerce Committee. We need immediate help from airports to beat back on several troubling amendments in both the House and Senate.
House of Representatives
As we noted in our Alert on Friday, more than 350 amendments have been filed to the House FAA reauthorization bill, a number of which would have big impacts on airports.
Oppose Obernolte/Cartwright Amendment: Notably, an amendment from Reps. Jay Obernolte (R-CA) and Matt Cartwright (D-PA) would require all public use airports to provide transient aircraft parking for general aviation pilots who don't want to use FBO services. The proposal - known as the General Aviation Airport Access Act - would require 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.'
In setting this fee, proponents have made clear that an airport could only recoup direct costs of the parking apron rather than the broader indirect costs of running the airport. The measure would also prohibit airports and FBOs from charging pilots or passengers a fee to transit between their aircraft and a place outside the airport's perimeter fence even if the transit requires passing through a building.
AOPA is working aggressively to gain adoption of this amendment and has issued a broad call to action to pilots across the country. We continue to highlight AAAE's adamant opposition to the amendment and are working aggressively for its defeat. ACI-NA and other GA groups (NATA, GAMA, NBAA, and HAI) are also working to defeat the amendment, and the groups have joined together in a letter of opposition that is being circulated in both the House and Senate.
We urge you to weigh in with your House members as soon as possible in opposition to the Obernolte/Cartwright amendment. Please feel free to use and share the one-pager from AAAE and the coalition letter to highlight airport concerns and to show that this troubling proposal is far-reaching and opposed by airports and broad segments of the general aviation community.
• AAAE One Pager Opposing Obernolte/Cartwright Amendment
• Coalition Letter Opposing Obernolte/Cartwright Amendment
Other House Amendments: As we reported, numerous other amendments have been filed to the House bill that would reduce proposed AIP funding; require uniform fees for all ground transportation providers at airports; and address the PFC, PFAS, EAS, workforce issues, noise, sustainable aviation fuel, avgas, security, and consumer rights. We are following these amendments closely as well and will provide an update on Monday's call.
Senate Commerce Committee
In the Senate, Commerce Committee leaders have apparently reached an agreement on the pilot training issue that had stymied progress on FAA reauthorization legislation in that chamber. Preparations are being made for a markup mid-week.
Oppose Budd Amendment (13): Senator Ted Budd (R-NC) has filed the "General Aviation Airport Access Act" as an amendment to the Senate FAA reauthorization bill, and we are seeking its defeat during committee consideration.
AOPA is also working aggressively on the Senate side too, so it is critical that you weigh in with your Senators -- particularly those on the Senate Commerce Committee -- to highlight opposition from airports and across the general aviation community. To help in that regard:
• AAAE One Pager Opposing Budd Amendment
• Coalition Letter Opposing Budd Amendment
Other Senate Amendments: The Senate FAA bill that we expect to be considered this week also currently includes troubling provisions (Sections 620 and 621) that would 1.) require an airport to continuously police the public disclosure of certain fees of private businesses operating at their facilities; 2.) federally regulate fees for certain airport users, likely at the expense of other users; and 3) place unnecessary requirements on the types of fuel an airport must offer. In addition to threatening the loss of federal funding for future critical projects, the bill proposes civil penalties of $5,000 to $25,000 for certain violations in Section 621.
AAAE has produced a fact sheet arguing against the inclusion of Sections 620 and 621 that we have shared with Senate offices.
Senator Cynthia Lummis (R-WY) has filed separate amendments to strike section 620 and section 621, Additionally, Senators Deb Fischer (R-NE) and Gary Peters (D-MI) have filed a bipartisan amendment that would eliminate most of section 620 outside of the avgas requirements and create a GAO study on FBO pricing transparency. While we would prefer to see Sections 620 and 621 eliminated completely, we are also supportive of the Fischer/Peters amendment.
Other amendments of note include several from Senator Lummis to: create liability protections for airports under CERCLA for the use of AFFF; change timelines for reports to Congress on the transition to fluorine-free foam; establish new categorical exclusions for aviation projects under $12 million in federal funds or projects with a total cost less than $65 million and a federal share of less than 15 percent (similar to provisions in House FAA bill); create a special rule for AIP apportionments for fiscal years 2024 and 2025; establish a pilot program that would allow airports to charter motorcoach services after passing through screening and then be transported to a larger, nearby airport without going through another screening; and allow or the construction of new sponsor-owned hangar facilities at nonhub airports and the taxiways leading to them.
Controversial amendments on slots at DCA and pilot age and training requirements are also likely along with others that have not yet surfaced for review.
Final Thought: The decisions made in the House and Senate during this upcoming week will go a long way in determining the contours of a final FAA reauthorization bill, so we need your help and engagement as soon as possible. Please make plans to be on Monday's call, and thank you for your efforts to engage with Capitol Hill quickly on these important issues.
