Airport Alert: Senate Passes CR Extending Federal Funding Through December 16

September 29, 2022

The Senate passed a stopgap bill on September 29 that funds the government through December 16 and provides additional funding to support Ukraine. The House is expected to take up and pass the continuing resolution (CR) tomorrow, thus averting a government shutdown that would have occurred beginning Saturday without last-minute congressional action.  

While the CR also extends the authority for DHS and the Department of Justice to protect certain facilities from unmanned aircraft systems through December 16, it does not include a TSA request for additional funds to continue hiring during the period of the CR to ensure sufficient staff are in place for peak holiday travel periods this fall and winter. AAAE will continue to advocate for more Transportation Security Officers in the final FY23 spending bill to handle increased travel volumes without growing passenger wait times, which can negatively impact public safety and security.

Over the past few weeks, there's been uncertainty whether other controversial items would be attached to the CR that could thwart its passage. The White House wanted additional funding to combat COVID-19 and monkeypox, a request it ultimately relented on. Additionally, Senator Joe Manchin (D-WV) pushed to have his energy permitting reform legislation included in the CR. This was part of the deal he made with Senate Majority Leader Chuck Schumer (D-NY) in exchange for his support for the Inflation Reduction Act, which passed on partisan lines in August. While Majority Leader Schumer kept his word and included permitting reform in the initial CR draft, Manchin eventually agreed to strip his proposal from the CR when it was obvious that there wasn't enough Republican support to bypass a filibuster. This paved the way for today's successful vote.

Similar to last year, partisan gridlock has brought the annual federal funding process to a standstill. In the House, only six of the 12 fiscal year 2023 spending bills “ including the FY23 DOT/FAA spending bill “ have been approved by the full chamber. On the other side of the Capitol, the Senate has made even less progress. In late July, Senate Appropriations Committee Chair Patrick Leahy (D-VT) released what is referred to as 'the Chairman's mark' of all 12 FY23 spending bills, representing the funding preferences of Senate Democrats. However, without any buy-in from Republicans, Senate leaders have no plans to mark up the bills in committee or pass them on the floor. The two parties in both chambers remain far apart from coming to an agreement on topline spending allocations and policy riders.

By punting appropriations until mid-December, Congress has bought itself additional time to negotiate an omnibus spending bill in the lame duck session following the midterm elections. Senate Appropriations Chair Leahy and Vice Chair Richard Shelby (R-AL) are both retiring at the end of this year, meaning both have a vested interest in coming to a deal given that it's their last bite at the apple to have their funding priorities reflected in a final bill. 

However, the upcoming midterms could complicate matters. Most election forecasters believe that Republicans will take control of the House next Congress. House Republican Leader Kevin McCarthy (R-CA) would reportedly prefer to pass a final FY23 spending package in December and begin the next Congress with a clean slate. However, he is already getting pressure from his right flank to reject any Democrat-led lame-duck spending bills, and instead pass another CR into next year, giving Republicans increased leverage over the final spending allocations. 

This pressure would only increase if Republicans also win enough seats in November to take back the Senate. Complicating matters further, though, is the possibility that control of the Senate could come down to the Senate race in Georgia, which could go to a runoff to be decided on December 6 “ a scenario that could result in more delays.

Regardless of how things ultimately play out, airports continue to be in a strong position on our priorities in the pending FY23 spending bills that have worked their way through the process to this point. The House and Senate versions of the FY23 DOT/FAA spending bill proposed $3.35 billion for AIP, between $272.6 million and $517 million for supplemental AIP funding, and at least a $10 million increase for the Contract Tower Program. Additionally, the House and Senate versions of the FY23 DHS spending bill both propose $94.1 million for TSA to continue to staff exit lanes and full funding for LEO reimbursement grants.