House Clears Bipartisan FAA Bill

July 20, 2023

After considering approximately 100 amendments since debate began yesterday afternoon, the House today overwhelmingly cleared a bipartisan FAA reauthorization bill that would increase AIP funding to $4 billion annually, authorize an additional $100 million annually for supplemental discretionary grants for airports, and usher in several AIP formula changes. The vote was 351 to 69.
 
Before final passage, the House approved 17 amendments en bloc and considered two standalone amendments. During today's session, lawmakers rejected an amendment that called for the FAA to reinstate its pre-pandemic telework policy. The amendment offered by Reps. Scott Perry (R-PA) and Bob Good (R-VA) failed by a vote of 195 to 226.
 
Late last night, the House also rejected a controversial plan to increase the number of slots at Ronald Reagan Washington National Airport by seven round trips daily. Lawmakers adopted an amendment to strike a provision in the bill that would have allowed pilots to count 150 hours of simulator time toward the 1,500-hour requirement. 
 
Attention Shifts Back to the Senate
 
Both of those controversial issues are still in play in the Senate, where Commerce Committee leaders have yet to figure out a path forward on their version of the FAA bill. Chair Maria Cantwell (D-WA) last month postponed a planned markup of the bill after a dispute erupted over a bipartisan plan to provide another alternative pathway for pilots to meet the 1,500-hour threshold.
 
Last week there were signs of a possible agreement that involved accepting language to raise the mandatory retirement age for commercial airline pilots from 65 to 67 in exchange for dropping the 1,500-hour language. But an agreement, which could have opened the door for a Senate markup this week, did not martialize.
 
House passage of the FAA bill may put more pressure on the Senate to act. Meanwhile, the clock continues to wind down with the current authorization and aviation excise taxes set to expire on September 30. Both chambers will be in recess during the month of August. If lawmakers are unable to send an FAA reauthorization bill to the President's desk in the next two months, they will be forced to consider a short-term extension. 
 
Fourth Bloc of Amendments
 
Quigley/Dynamic Scheduling (288): The en bloc includes an amendment from Rep. Mike Quigley (D-IL) that 'clarifies requirements of the joint DOD and FAA dynamic scheduling airspace system pilot program and requires a report to Congress on the impact of dynamic scheduling and management of special activity airspace and special use airspace.'
 
Steil/Remote Towers (237): Rep. Bryan Steil's (R-WI) amendment directs the FAA to update an order 'to lower the remote radar bright display scope installation requirement from 30,000 annual itinerant operations to 15,000.'
 
Air Service Study/Thompson (255): Rep. Glen Thompson (R-PA) has an amendment that would require DOT and the National Academies 'to conduct a study on the loss of commercial air service in small communities throughout the country, and to provide recommendations on how to restore service to these communities.'
 
Standalone Amendments
 
Perry-Good/FAA Telework (337): The underlying bill includes a provision that would allow the FAA to establish telework policies for employees to reduce the office footprint, increase retention and provide flexibility. The House rejected an amendment offered by Reps. Scott Perry (R-PA) and Bob Good (R-VA) to strike that provision and required the FAA to reinstate pre-pandemic telework policies instead. The vote was 195 to 226.
 
Key Amendments Considered Yesterday
 
Perry/FAA and AIP Funding (333): The House overwhelmingly rejected an amendment from Rep. Scott Perry (R-PA) to cut funding for the FAA operations, research and development, and AIP accounts. If adopted, the amendment would have reduced 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 sent a letter opposing these cuts. The vote was 52 to 381.
 
Graves-Larsen/Manager's Amendment (354): Transportation and Infrastructure Committee Chair Sam Graves (R-MO) and Ranking Member Rick Larsen (D-WA) offered a manager's amendment that includes a long list of policy and technical changes. The amendment would reduce the 'turnback' for large and medium hubs that impose PFCs above $3 from 75 percent to 40 percent. It also states that AIP funds 'shall not be subject to any notice of funding opportunity requirement.' The House approved the amendment by voice vote. 
 
McClintock-Perry/EAS (328): The House overwhelmingly rejected an amendment by Reps. Tom McClintock (R-CA) and Rick Perry that would have eliminated authorized funding for EAS. The vote was 49 to 386.
 
Owens/Slots (356): By a vote of 205-229, the House rejected an amendment by Rep. Burgess Owens (R-UT) that would have added "7 new roundtrip in-and-beyond perimeter slots to DCA split between the 7 airlines servicing the airport.'
 
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.' The House approved an amendment offered by Rep. Nick Langworthy (R-NY) to strike that provision by a vote of 243 to 191.