[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[House]
[Pages H12782-H12783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EXTENSION OF ESSENTIAL AIR SERVICE SUBSIDIES

  Mr. COSTELLO. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2265) to extend the existing provisions regarding the 
eligibility for essential air service subsidies through fiscal year 
2008, as amended.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2265

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ESSENTIAL AIR SERVICE.

       (a) In General.--Subsection (d) of section 409 of the 
     Vision 100--Century of Aviation Reauthorization Act (49 
     U.S.C. 41731 note) is amended by striking ``September 30, 
     2007'' and inserting ``September 30, 2008''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on September 29, 2007, and shall apply with 
     respect to any final order issued under subsection (c) of 
     section 409 of such Act that was in effect on such date.

     SEC. 2. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103 of title 49, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (4) the following:
       ``(5) $918,750,000 for the 3-month period beginning October 
     1, 2007.''.
       (2) Obligation of amounts.--Sums made available pursuant to 
     the amendment made by paragraph (1) may be obligated at any 
     time through September 30, 2008, and shall remain available 
     until expended.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``September 30, 2007,'' and 
     inserting ``December 31, 2007,''.

     SEC. 3. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY LIABILITY 
                   OF AIR CARRIERS ARISING OUT OF ACTS OF 
                   TERRORISM.

       Section 44303(b) of title 49, United States Code, is 
     amended by striking ``December 31, 2006'' and inserting 
     ``December 31, 2007''.

     SEC. 4. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (D) the following:
       ``(E) such sums as may be necessary for the 3-month period 
     beginning October 1, 2007.''.

     SEC. 5. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (4) the following:
       ``(5) such sums as may be necessary for the 3-month period 
     beginning October 1, 2007.''.

     SEC. 6. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (11)(L);
       (2) by striking the period at the end of paragraph (12)(L) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(13) such sums as may be necessary for the 3-month period 
     beginning October 1, 2007.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Costello) and the gentleman from Wisconsin (Mr. Petri) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. COSTELLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on S. 2265.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 2265, as amended. As you know, 
the authorization for Federal Aviation Administration programs expired 
on September 30, 2007. Although the House overwhelmingly passed H.R. 
2881, the FAA Reauthorization Act of 2007, on September 20, 2007, the 
Senate has yet to pass a long-term FAA authorization bill.
  Instead, S. 2265, as passed by the Senate last week, extends a single 
provision of the expired Federal Aviation Administration Authorization 
Act. Specifically, S. 2265 extends section 409 of Public Law 108-176, 
the Vision 100--Century of Aviation Reauthorization Act, regarding the 
Essential Air Service program.
  Rather than extend just this one provision, our amendment to S. 2265 
extends each of the FAA's major programs, as well as section 409 of 
Vision 100. Without this legislation, the Airport Improvement Program 
will not be authorized after November 16.
  Because the Airport Improvement Program is funded by contract 
authority, rather than discretionary budget authority, its funding is 
typically provided by an authorization act. S. 2265 provides $918.75 
million in Airport Improvement Program contract authority to fund the 
program for the 3-month period from October 1, 2007, until December 31, 
2007. This amount, when annualized, equals the fiscal year 2007 amount 
for the program. This provision will ensure that airport funding 
continues without interruption through the end of this calendar year.
  S. 2265 also authorizes the appropriation of such sums as may be 
necessary for Federal Aviation Administration operations, facilities 
and equipment, and research and development programs through the end of 
the year.
  In addition to these program reauthorizations, S. 2265 extends the 
Secretary of Transportation's authority to

[[Page H12783]]

limit to $100 million the third-party liability exposure of airlines 
and aircraft manufacturers for any cause resulting from a terrorist 
event. This authority expired on September 30, 2007. S. 2265 extends 
this authority until the end of the year.
  Finally, S. 2265 extends section 409 of Vision 100 for an additional 
year, through September 30, 2008. Section 409 directs the Secretary of 
Transportation to use the most commonly used route, rather than the 
shortest route, when measuring the distance of certain communities from 
the nearest hub airport to determine eligibility for the Essential Air 
Service program.
  S. 2265 does not provide any additional funding for the EAS program. 
Rather, it simply allows communities to continue participating in the 
program for fiscal year 2008, within existing funding levels, on the 
same terms as were in effect during the previous authorization period.
  In summary, Mr. Speaker, this bill simply continues aviation programs 
under the same terms and conditions as were in effect on September 30, 
2007. It ensures that these important programs continue to operate 
without interruption.
  Mr. Speaker, on behalf of Chairman Oberstar, I want to thank our 
committee colleagues, Ranking Member Mr. Mica and Subcommittee Ranking 
Member Petri, for working together on this critical legislation.
  I look forward to the Senate passing a long-term FAA reauthorization 
bill and sending a bill to the President in the near future.
  With that, Mr. Speaker, I urge my colleagues to join me in supporting 
S. 2265, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, in September the House considered and passed 
the FAA Reauthorization Act of 2007, and that legislation reauthorizes 
the FAA for the next 4 years. The following week, the House also passed 
a 3-month extension of the FAA programs. Unfortunately, the other body 
has taken no action on that extension bill, H.R. 3540; and, therefore, 
the authority for the FAA's essential programs and taxes were extended 
through November 16 as part of a continuing resolution. Regrettably, 
those FAA programs and authorities are not extended in the continuing 
resolution expired on September 30.
  As it is unlikely that Congress will be able to send an FAA 
reauthorization bill to the President for consideration before this 
November 16, we have before us today S. 2265, as amended. The bill 
would extend eligibility for Essential Air Service subsidies, and in 
addition, as amended, would extend the funding and expenditure 
authority of the FAA through December 31, 2007.
  The bill provides AIP contract authority at the budget year 2007 
level through the end of this year; authorizes such sums as are 
necessary for the FAA facilities and equipment, research and 
development, and operations through December 31; and extends the 
authority to limit the third-party liability of air carriers arising 
out of acts of terrorism through December 31.
  I regret that S. 2265 does not include a provision that would change 
the mandatory retirement age for pilots to age 65. However, this bill 
will ensure that our national aviation system continues to operate 
until a full reauthorization can be enacted.
  There's much work yet to be done on the FAA reauthorization bill. We 
must work in a bipartisan and bicameral fashion to craft legislation 
that the President can sign.
  I support this extension in order to allow us time to accomplish this 
important goal.
  Mr. Speaker, with that, I yield back the balance of my time.

                              {time}  1430

  Mr. COSTELLO. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
South Dakota (Ms. Herseth Sandlin).
  Ms. HERSETH SANDLIN. Mr. Speaker, I rise today in support of S. 2265. 
I would like to thank Chairman Oberstar, the ranking member and 
committee staff for moving this resolution quickly to the floor, and 
the gentleman from Illinois (Mr. Costello) for his leadership and for 
yielding me time.
  I urge my colleagues to support this bipartisan bill introduced by my 
friend and colleague, the junior Senator from South Dakota, which 
extends funding for many critical programs administered under the 
Federal Aviation Authority, including the Essential Air Service and the 
Airport Improvement Program.
  First, S. 2265, extends Vision 100-Century of Aviation 
Reauthorization Act, which allows State Governors to ascertain and 
certify the ``most commonly used route'' from an EAS airport to a major 
airport hub for the purpose of determining EAS eligibility. The 
Essential Air Service program is important for many small rural 
airports throughout the country. It helps smaller communities to 
connect with larger cities and their airports and facilitates economic 
development.
  Additionally, S. 2265 extends several of the FAA's major programs, 
including the Airport Improvement Program, and provides appropriations 
for the Federal Aviation Administration Operations, Facilities and 
Equipment, and Research and Development programs through December 31, 
2007. These programs were approved in the House in September of this 
year with overwhelming bipartisan support in the Federal Aviation 
Administration Reauthorization Act of 2007.
  In closing, transportation infrastructure is a critically important 
priority, particularly in rural America. I urge my colleagues to 
support S. 2265 as it provides a necessary short-term extension of 
several key Federal Aviation Administration programs, while we continue 
to work toward a long-term resolution through the Federal Aviation 
Administration reauthorization bill.
  Mr. COSTELLO. Mr. Speaker, I urge the adoption of S. 2265, as 
amended, and yield back the balance of our time.
  The SPEAKER pro tempore (Mr. Serrano). The question is on the motion 
offered by the gentleman from Illinois (Mr. Costello) that the House 
suspend the rules and pass the Senate bill, S. 2265, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill, as amended, was passed.
  The title was amended so as to read: ``An Act to extend the existing 
provisions regarding the eligibility for essential air service 
subsidies through fiscal year 2008, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________