In June 2023, the U.S. House and U.S. Senate Congressional committees with jurisdiction over aviation introduced bipartisan versions of bills that would reauthorize funding for the U.S. Department of Transportation’s (USDOT) Federal Aviation Administration (FAA), which is currently set to expire on September 30, 2023. While the bills are similar, they differ in a number of ways, including titles and funding levels.

Background on FAA Reauthorization

Reauthorizations set funding allocations for aviation programs directly impacting county supported airports, including for the Airport Improvement Program (AIP) and the Essential Air Service (EAS) Program and the Small Community Air Service Development Program (SCASDP).

These traditionally bipartisan FAA reauthorizations vary in length. The current reauthorization, which provided a total of $96.7 billion, is over six years (FY 2018 – FY 2023), though the U.S House and Senate have both proposed five-year authorizations (FY 2024 – 2028) in the 118th Congress.

Typically, reauthorization bills do not occur without help from short-term extensions, which is the likely fate for this legislation following the recessing of Congress for the month of August.

County Role in Airports

In addition to our major road and bridge responsibilities, counties also directly support over one-third of public airports that are directly impacted by the FAA reauthorization. In total, counties annually invest over $5 billion in air transportation, directly supporting 34 percent of the nation’s public airports and employing nearly 12,000 employees across the country.

Regardless of ownership or operation, airports and the aviation industry present critical economic development and workforce opportunities in local communities across the country and keep our residents and others connected in every corner of the country.

U.S. House FAA reauthorization bill

On June 9, leadership from the U.S. House Committee on Transportation and Infrastructure (T&I) introduced the Securing Growth and Robust Leadership in American Aviation Act (SGRLAA/H.R. 3935), including T&I Chairman Sam Graves (R-Mo.), Ranking Member Rick Larsen (D-Wash.), Aviation Subcommittee Chairman Garret Graves (R-La.) and Aviation Subcommittee Ranking Member Steve Cohen (D-Tenn).

As introduced, the bill would provide $104 billion in funding for the FAA over five years, a 7.5 percent increase over the current law. Highlights of the original version of H.R. 3935 include:

• Increases funding for AIP from $3.35 billion annually to $4 billion annually
• Increases EAS funding and reforms the program, including restricting the length of routes in the contiguous U.S. to 650 miles
• Maintains $10 million in funding for the SCASDP
• Has first-ever General Aviation title

U.S. Senate FAA reauthorization bill

Also on June 9, the U.S. Senate Committee on Commerce, Science and Transportation (CST) introduced the Upper Chamber’s version of the FAA reauthorization, the FAA Reauthorization Act of 2023 (S.1939). This bill, which is also bipartisan, was introduced by CST Chair Maria Cantwell (D-Wash.), Aviation Subcommittee Chair Tammy Duckworth (D-Ill.), Subcommittee Ranking Member Jerry Moran (R-Kan.) and Senator Ted Cruz (R-Texas).

This legislation would provide $107 billion over five years from FY 2024 – FY 2028, representing a 10.6 percent increase over current law, and is similar to the House’s in many ways with some key differences, including authorization levels for EAS and SCASDP, language on “forever chemicals” and different bill titles.

Legislative Outlook

On July 20, the U.S. House passed its version of the FAA reauthorization in an overwhelmingly bipartisan vote of 351 to 69. While the House made quick progress due to deals made in committee to only accept nonpartisan or bipartisan amendments, 104 additional amendments were offered during consideration on the House floor. NACo and our coalition counterparts successfully defeated an amendment that would have zeroed out the critical Essential Air Service Program.

Unlike the House, the U.S. Senate has yet to complete a markup of its legislation due to disagreements over amendments that would have changed the number of flying hours required to obtain a pilot’s license and added slots to the Reagan National Airport, which serves Washington D.C. and the surrounding areas.

Once the U.S. Senate Commerce, Science and Transportation Committee can advance their version out of committee, the bill will be voted on by the full Senate, where it could be amended again depending on the rule governing the bill on the floor. Next, differences will be worked out in a conference committee. Once a final version of the legislation is agreed upon, the House and Senate will pass the package and send it to President Biden for his signature.

Conclusion

To ensure the continued safe and efficient operation of our nation’s airports, NACo has urged members of Congress to enact a new, long-term FAA reauthorization that supports airport development and air service for urban, suburban and rural communities before the current law expires on September 30. As Congress considers the FAA reauthorization, NACo will continue to track developments and advocate for county priorities throughout this process.