Airport Alert: House Approves FY22 DOT/FAA Spending Bill
July 29, 2021
The House of Representatives today approved a seven-bill minibus appropriations package that includes funding for the Department of Transportation and Federal Aviation Administration in Fiscal Year 2022. The transportation section includes $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 House also cleared two other appropriations bills yesterday — one covering state and foreign operations and another pertaining to the legislative branch. Overall, the House has passed 9 of 12 must-passed spending bills, leaving three on the still to do list including the annual DHS appropriations bill.
On the other side of the Capitol, the Senate is moving forward with a bipartisan infrastructure framework. Lawmakers in the upper chamber last night agreed to proceed with a $1.2 trillion infrastructure package that includes $550 billion in new spending and $25 billion for aviation. The vote was 67 to 32 — more than enough to meet the 60-vote threshold.
The breakthrough on the bipartisan infrastructure framework came after weeks of negotiations between a bipartisan group of Senators and the White House. After the vote, Senate Majority Leader Chuck Schumer (D-NY) said his goal is to have the Senate pass the $1.2 trillion infrastructure package and a separate budget resolution before lawmakers depart for the annual August recess.
Aviation Amendments
Kahele/Foreign Air Carriers: During debate on the seven-bill appropriations package, the House approved a bipartisan amendment offered by Rep. Kai Kehele (D-HI) that would "prevent flags of convenience carriers from undercutting U.S. jobs by ensuring that no federal funds can be used to approve a new foreign air carrier permit unless certain conditions are met…." The House Transportation and Infrastructure Committee yesterday approved the Fair and Open Skies Act — a free-standing bill that addresses the same issue.
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: Transportation Appropriations Subcommittee Chair David Price (D-NC) has repeatedly said 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 for the FAA Contract Tower Program — $5.2 million more than the current level. This is the same amount that AAAE and the U.S. Contract Tower Association 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.
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.
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."
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 to be used, in part, to "provide on-line, real-time, authoritative information to the public about airport operations and aircraft position and altitude…."
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."
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.
The House of Representatives today approved a seven-bill minibus appropriations package that includes funding for the Department of Transportation and Federal Aviation Administration in Fiscal Year 2022. The transportation section includes $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 House also cleared two other appropriations bills yesterday — one covering state and foreign operations and another pertaining to the legislative branch. Overall, the House has passed 9 of 12 must-passed spending bills, leaving three on the still to do list including the annual DHS appropriations bill.
On the other side of the Capitol, the Senate is moving forward with a bipartisan infrastructure framework. Lawmakers in the upper chamber last night agreed to proceed with a $1.2 trillion infrastructure package that includes $550 billion in new spending and $25 billion for aviation. The vote was 67 to 32 — more than enough to meet the 60-vote threshold.
The breakthrough on the bipartisan infrastructure framework came after weeks of negotiations between a bipartisan group of Senators and the White House. After the vote, Senate Majority Leader Chuck Schumer (D-NY) said his goal is to have the Senate pass the $1.2 trillion infrastructure package and a separate budget resolution before lawmakers depart for the annual August recess.
Aviation Amendments
Kahele/Foreign Air Carriers: During debate on the seven-bill appropriations package, the House approved a bipartisan amendment offered by Rep. Kai Kehele (D-HI) that would "prevent flags of convenience carriers from undercutting U.S. jobs by ensuring that no federal funds can be used to approve a new foreign air carrier permit unless certain conditions are met…." The House Transportation and Infrastructure Committee yesterday approved the Fair and Open Skies Act — a free-standing bill that addresses the same issue.
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: Transportation Appropriations Subcommittee Chair David Price (D-NC) has repeatedly said 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 for the FAA Contract Tower Program — $5.2 million more than the current level. This is the same amount that AAAE and the U.S. Contract Tower Association 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.
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.
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."
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 to be used, in part, to "provide on-line, real-time, authoritative information to the public about airport operations and aircraft position and altitude…."
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."
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.
