House Begins Considering FAA Bill

July 19, 2023

House Transportation and Infrastructure Committee leaders this afternoon opened debate on a bipartisan five-year FAA reauthorization bill before the full House of Representatives. The House is expected to finish debate on Thursday, but lawmakers are slated to consider more than 100 amendments over the next day and a half before voting on final passage.
 
We're continuing to ask airports to urge their representatives to oppose an amendment to cut authorization levels in the bill, which would ratchet back the proposed increase for AIP funding from $4 billion to $3.8 billion. Airports that rely on the Essential Air Service program should also continue to reach out to their lawmakers to express opposition to an amendment to eliminate authorized funding for the EAS program.
 
As we reported earlier, the House will not be voting on a controversial amendment that would have required all public use airports to provide transient aircraft parking for GA pilots who don't want to use FBO services. AAAE, ACI-NA, airports, and other stakeholders worked hard to beat back the AOPA-backed proposal, and the rule governing debate on the measure by the House issued by the Rules Committee did not make the amendment in order. As a result, the bill that will pass the House this week will not include this troubling provision.  
 
In other good news, the Rules Committee also rejected two other troubling amendments aimed at regulating airport fees on ground transportation providers. However, the Rules Committee also declined to allow for a floor vote on an amendment to raise the PFC cap from $4.50 to $8.50 filed by Rep. Thomas Massie (R-KY).
 
The following includes a list of some of the key amendments that the House of Representatives will consider during debate on the FAA reauthorization bill and a list of key proposals rejected by the Rules Committee that will not receive floor votes.
 
Key Amendments To Be Considered
 
Airport Improvement Program
 
Perry/FAA and AIP Funding (333): Rep. Scott Perry (R-PA) has an amendment that would cut funding for the FAA operations, research and development, and AIP accounts. If adopted, the amendment would reduce AIP funding from the proposed $4 billion to $3.8 billion annually. We strongly oppose the amendment. A coalition of groups, including AAAE and ACI-NA have sent a letter opposing these cuts. 

Graves-Larsen/PFC Turnback (354): Large and medium hubs that impose a PFC above $3 are required to 'turnback' 75 percent of their AIP entitlements. The underlying bill would reduce that turnback to 60 percent to help larger airports pay for their infrastructure projects. 

Transportation and Infrastructure Committee Chair Sam Graves (R-MO) and Ranking Member Rick Larsen (D-WA) have a manager's amendment that would reduce the turnback to 40 percent. (AAAE and ACI-NA urged Congress to reduce the turnback to 50 percent with AIP at $4 billion.)

Graves-Larsen/ NOFO (354): The Graves-Larsen amendment also states that AIP funds 'shall not be subject to any notice of funding opportunity requirement.'

Catchment Area Analyses/Cammack (303): Rep. Kat Cammack (R-FL) has an amendment that would make catchment area analyses AIP eligible.
 
Huizenga/Runway Length (234): Rep. Bill Huizenga (R-MI) has an amendment that would prevent DOT 'from requiring that an airport shorten or narrow their runway, apron, or taxiway as a condition for funding if the airport supports an Air Force or Air National Guard base at the airport, regardless of stationing of military aircraft.'
 
Kilmer/Resiliency (218): Rep. Derek Kilmer (D-WA) has an amendment that 'revises the expansion of AIP for resiliency improvements to include Incident Support Bases….'
 
Magaziner/Cybersecurity (122): Rep. Seth Magaziner (D-RI) filed an amendment that would allow airports to used AIP funds 'for projects to comply with cybersecurity standards and recommendations from the Civil Aviation Cybersecurity Rulemaking Committee.'
 
Peltola/Runway Extensions (219): The underlying bill would prohibit DOT from requiring an airport to shorten a runway or prevent an airport from 'reconstructing and rehabilitating a primary runway on the basis that the airport does not have a sufficient number of aircraft operations.' Rep. Mary Peltola (D-AK) has an amendment that would broaden that section by prohibiting DOT from preventing airports from extending their runways. 
 
Perry/Vertiport (344): Rep. Perry has an amendment that would strike a provision in the bill that would make vertiports AIP eligible.
 
Small Community Air Service

McClintock-Perry/EAS (328): Reps. Tom McClintock (R-CA) and Rick Perry have an amendment that would eliminate authorized funding for the EAS program.
 
Feenstra/EAS (57): Rep. Randy Feenstra (R-IA) filed an amendment that directs DOT to respond with an approval or denial of any EAS application 'to the greatest extent practicable no later than 6 months after receiving such application.'
 
Workforce
 
Donalds/Apprenticeship (36): Rep. Byron Donalds (R-FL) filed an amendment that directs the FAA 'to consult with Part 141 flight schools and industry stakeholders to establish an apprenticeship program to bolster the qualified pilot pipeline.'
 
Langworthy/Simulator Training (546): The underlying bill would allow 'a person applying for an airline transport pilot (ATP) certificate to obtain up to 150 additional hours of the total aeronautical experience requirement in a full flight simulator representing an airplane that provides six-degrees of freedom motion.' Rep. Nick Langworthy (R-NY) has an amendment that would strike that provision.
 
DBE/DEI
 
Brecheen/DBE-ACDBE (176): Rep. Josh Brecheen (R-OK) filed an amendment that 'prohibits funding for the Airport Disadvantaged Business Enterprise Program and the Airport Concessions Disadvantaged Business Enterprise Program.'
 
Miller/DEI (207): Rep. Mary Miller (R-IL) has an amendment that would prevent any funds in the bill from being used to 'hire any diversity, equity, and inclusion officials or conduct training on diversity, equity, and inclusion.'
 
Noise/Environment
 
Eschoo/Community Collaboration Program (136): The underlying bill includes a provision that would require the FAA to create a 'Community Collaboration Program to harmonize policies and procedures across the Agency relating to community engagement, including establishing the Airport Community of Interest Task Force.' Rep. Anna Eshoo (D-CA) has an amendment that would require the FAA 'to solicit feedback from communities impacted by aircraft noise as part of the Community Collaboration Program.'
 
Lynch/Community Collaboration Program (82): Rep. Stephen Lynch (D-MA) has an amendment that 'ensures deliberate engagement with local community groups for the Community Collaboration Program.'
 
Lynch/Community Collaboration Program (192): Rep. Lynch has another amendment that 'revises the representative on the task force on Aviation and Airport Community Engagement to ensure that multiple airport communities and communities around airports are included.'
 
Meng/Noise (17): Rep. Grace Meng (D-NY) filed an amendment that 'clarifies that as part of the Part 150 Noise Standard Update, feedback should be solicited from individuals living in overflight communities.'
 
Obernolte/Unleaded Avgas (240) Rep. Obernolte has an amendment that would clarify that nothing in the bill should be misconstrued to 'prevent an airport or any retail fuel seller from selling unleaded aviation gasoline that has been approved by the FAA and has an industry consensus standard for use in lieu of leaded aviation gasoline…..'
 
Miscellaneous
 
Donalds/Emergency Response Plans (327): Rep. Byron Donalds (R-FL) has an amendment that would require the DOTIG to 'consult with FAA-certified airports and industry stakeholders to evaluate the airports' emergency response plans and determine whether such plans appropriately assess electricity-related considerations relating to primary power source disruption events stemming from natural disasters.'
 
Feenstra/EMTs (326): Rep. Feenstra filed an amendment that would 'exempt nonhub airports from the requirement to have at least one individual who maintains certification as an emergency medical technician during air carrier operations.'

Hagman/Weather Observations (263): Rep. Harriet Hangman (R-WY) has an amendment that would require the FAA to 'provide easily accessible and streamlined non-federal weather observer training to airport personnel' so they can 'provide weather observations when automated surface observing systems and automated weather observing systems experience outages and errors.'

Hoyle/Safety Materials (102): Rep. Val Hoyle (D-OR) filed an amendment that would require the FAA 'to develop and publish safety training materials for airport ground crew workers (including supervisory employees) to help prevent accidents involving aircraft engine ingestion and jet blast hazards.'
 
Issa/NOTAM (346): Rep. Darrell Issa (R-CA) has an amendment would require the FAA to 'make an objective, independent assessment of a NOTAM request when the request comes from outside the FAA.'

Owens/Slots (356): Rep. Burgess Owens (R-UT) filed a revised amendment that would add "7 new roundtrip in-and-beyond perimeter slots to DCA split between the 7 airlines servicing the airport.

Key Amendments - Not in Order
 
Obernolte-Cartwright/Transient Parking (74): As noted above, the Obernolte/Cartwright amendment would require all public use airports to provide transient aircraft parking for GA pilots who don't want to use FBO services.
 
Massie/PFC Cap (313): The amendment from Rep. Thomas Massie (R-KY) would have raised the PFC cap from $4.50 to $8.50 and reduce AIP funding from the proposed $4 billion to $3.8 billion annually. It would also eliminate AIP funding to any airport with a PFC cap that exceeds $6. 
 
Boyle/Ground Transportation (306): Rep. Brendan Boyle (D-PA) filed an amendment that would have required commercial ground transportation provider at airports to 'be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other such users.

Landsman/Ground Transportation (232): Rep. Greg Landsman (D-OH) also filed an amendment that would have required ground transportation providers at airports to 'be subject to the same rates, fees, etc.' The proposal would have placed the burden of proof on airports to show that fees are legitimate and 'proportionate to the impact the physical use has on airport facilities.' We urged lawmakers to reject both ground transportation amendments.
 
Garcia/Good Jobs for Good Airports Act (58): Rep. Jesus Garcia (D-IL) filed an amendment that would have added the Good Jobs for Good Airports Act to the bill. The labor-backed bill initially called for airports to police airlines and concessionaries and ensure that they pay their service workers certain wages and benefits. It also called for new grant assurances on AIP, PFC, and BIL money. After strong objections from AAAE and ACI-NA, SEIU and their allies on the Hill agreed to take airports out of the middle and focus directly on airlines and concessionaries instead. 
 
Bergman/Pilot Age (7): The T&I Committee-passed bill includes a provision that would raise the mandatory retirement age for commercial airline pilots from 65 to 67. Rep. Jack Bergman (R-MI) filed an amendment that would have eliminated that provision.
 
Garamendi/TIFIA (100): Rep. Garamendi filed an amendment that would have clarified 'that all airport projects are eligible to apply for TIFIA financing in years, not just those project elements eligible for funding from the Passenger Facility Charge, in years when there remain un-lent appropriated funds."