[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[House]
[Pages H8588-H8590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2008, PART II

  Mr. COSTELLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6984) to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, to amend the 
Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6984

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Aviation 
     Administration Extension Act of 2008, Part II''.

     SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST 
                   FUND.

       (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``September 30, 2008'' and inserting ``March 31, 2009''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``September 30, 2008'' and inserting ``March 31, 2009''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``September 30, 2008'' and 
     inserting ``March 31, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

     SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
                   EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2008'' and inserting ``April 
     1, 2009'', and
       (2) by inserting ``or the Federal Aviation Administration 
     Extension Act of 2008, Part II'' before the semicolon at the 
     end of subparagraph (A).
       (b) Conforming Amendment.--Paragraph (2) of section 9502(e) 
     of such Code is amended by striking the date specified in 
     such paragraph and inserting ``April 1, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2008.

     SEC. 4. 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 (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (5) the following:
       ``(6) $1,950,000,000 for the 6-month period beginning on 
     October 1, 2008.''.
       (2) Obligation of amounts.--Sums made available pursuant to 
     the amendment made by paragraph (1) may be obligated at any 
     time through September 30, 2009, and shall remain available 
     until expended.
       (3) Program implementation.--For purposes of calculating 
     funding apportionments and meeting other requirements under 
     sections 47114, 47115, 47116, and 47117 of title 49, United 
     States Code, for the 6-month period beginning on October 1, 
     2008, the Administrator of the Federal Aviation 
     Administration shall--
       (A) first calculate funding apportionments on an annualized 
     basis as if the total amount available under section 48103 of 
     such title for fiscal year 2009 were $3,900,000,000; and
       (B) then reduce by 50 percent--
       (i) all funding apportionments calculated under 
     subparagraph (A); and
       (ii) amounts available pursuant to sections 47117(b) and 
     47117(f)(2) of such title.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``September 30, 2008,'' and 
     inserting ``March 31, 2009,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``September 30, 2008.'' and inserting 
     ``April 1, 2009.''.
       (b) Section 41743(e)(2) of such title is amended by 
     striking ``2008'' and inserting ``2009''.
       (c) Section 44302(f)(1) of such title is amended--
       (1) by striking ``November 30, 2008,'' and inserting 
     ``March 31, 2009,''; and
       (2) by striking ``December 31, 2008,'' and inserting ``May 
     31, 2009,''.
       (d) Section 44303(b) of such title is amended by striking 
     ``March 31, 2009,'' and inserting ``May 31, 2009,''.
       (e) Section 47107(s)(3) of such title is amended by 
     striking ``October 1, 2008.'' and inserting ``April 1, 
     2009.''.
       (f) Section 47115(j) of such title is amended by inserting 
     ``and for the portion of fiscal year 2009 ending before April 
     1, 2009,'' after ``2008,''.
       (g) Section 47141(f) of such title is amended by striking 
     ``September 30, 2008.'' and inserting ``March 31, 2009.''.
       (h) Section 49108 of such title is amended by striking 
     ``October 1, 2008,'' and inserting ``March 31, 2009,''.
       (i) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``fiscal year 2008,'' and inserting ``fiscal year 
     2009 before April 1, 2009,''.
       (j) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by inserting ``and for the portion of fiscal year 2009 ending 
     before April 1, 2009,'' after ``2008,''.
       (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is 
     amended by striking ``September 30, 2008.'' and inserting 
     ``September 30, 2009.''.
       (l) The amendments made by this section shall take effect 
     on October 1, 2008.

     SEC. 6. 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) $4,516,364,500 for the 6-month period beginning on 
     October 1, 2008.''.

     SEC. 7. 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 adding at the end the following:
       ``(5) $1,360,188,750 for the 6-month period beginning on 
     October 1, 2008.''.

     SEC. 8. 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)(K);
       (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) $85,507,500 for the 6-month period beginning on 
     October 1, 2008.''.

  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 H.R. 6984.
  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 today in support of H.R. 6984, the Federal 
Aviation Administration Extension Act, Part II. I want to thank 
Chairman Oberstar for bringing this legislation to the floor today, as 
well as Chairman Rangel and Ranking Members Mica and Petri.
  The Aviation Trust Fund was created to fund the development and 
improvement of our airport and airway system, make critical investments 
to the air traffic control facilities, and to ensure the safety of the 
flying public.
  The trust fund provides revenue for the airport improvement program, 
which provides grants for construction and safety projects at airports; 
the facilities and equipment account, which funds technical 
improvements to the air traffic control system; and a research, 
engineering and development account. The fund also partially pays for 
the salaries, expenses, and operations of the FAA.
  This trust fund is currently operating under a short-term extension 
that expires on September 30, 2008. In

[[Page H8589]]

order to continue to provide essential safety and capacity improvement 
funds to our airports, we must pass this extension.
  While the House passed H.R. 2881, the FAA Reauthorization Act of 
2007, which is a long-term authorization for the FAA programs, the 
Senate has yet to pass its version of the bill. Until H.R. 2881 becomes 
law, it is important that we extend the FAA's programs on a short-term 
basis.
  To ensure continued FAA operations, H.R. 6984 would extend not only 
the aviation taxes and expenditure authority, but also the AIP contract 
authority until March 30, 2009.
  Specifically, H.R. 6984 provides $1.95 billion in AIP funding for 
airports, which is based on the level of AIP funding we authorized in 
H.R. 2881 for fiscal year 2009, and is consistent with the fiscal year 
2009 congressional budget resolution. These additional funds will allow 
airports to proceed with necessary safety and capacity enhancement 
projects.
  Mr. Speaker, aviation is too important to our Nation's economy, 
contributing $1.2 trillion in output and approximately 11.4 million 
U.S. jobs, to allow the taxes or funding for critical aviation programs 
to expire.
  While our economy has slowed and economic factors have created 
difficult times for the airlines and their passengers, Congress can 
provide some stability to the aviation system by passing this extension 
this week. I urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in September 2007, the House considered and passed the 
FAA Reauthorization Act of 2007, H.R. 2881, which reauthorizes the FAA 
for the next 4 years.
  Unfortunately, however, the Senate has not come to any agreement on 
its bill and so we are here today considering a fifth extension. H.R. 
6984 would extend the taxes, programs, and funding of the Federal 
Aviation Administration through March of 2009.
  This bill extends FAA funding and contract authority for 6 months, 
funds the airport improvement program at $1.95 billion through March of 
next year, extends the war risk insurance program, extends the small 
community air service development program, and extends application of 
the rule for measuring highway miles to determine eligibility for 
essential air service subsidies.
  The bill will ensure that our national aviation system continues to 
operate until a full FAA reauthorization can be enacted by the next 
Congress. As I have indicated many times since the passage of the House 
FAA reauthorization bill just over a year ago, we need to pass a long-
term bill so we can meet the growing demands placed on our Nation's 
infrastructure. Modernizing our antiquated air traffic control system 
and repairing our crumbling infrastructure needs to be one of our top 
priorities when Congress reconvenes in 2009. In that connection, I 
would observe recent statistics which indicate that our friends in 
China are spending some 9 percent of their GNP on infrastructure. We 
here in the United States are spending about 2.5 percent, most of that 
on maintenance, and we are falling behind even in that regard. In 20 
years, who is going to be better prepared to conduct a modern economy, 
somebody who is spending 9 percent of their GNP building first-class 
infrastructure, or someone who is barely maintaining what they already 
have?
  We need to step up to bat. This bill will do us good in the aviation 
sector, but we have a big job ahead of us in infrastructure generally 
as a Nation.
  Clearly, there is much work to be done. This 6-month extension gives 
us time to revisit the FAA reauthorization bill early in the 111th 
Congress. I urge our colleagues in the other body to take up a 
comprehensive FAA reauthorization package as early as possible in the 
next year.
  I support this extension as the best alternative to keep the FAA and 
the national airspace system running safely until the 111th Congress 
can take up and pass a bipartisan, bicameral bill that the President 
can sign. We should all commit to quickly passing a 4-year bill as 
quickly as possible next year.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 6984, the 
``Federal Aviation Administration Extension Act of 2008, Part II''.
  The previous long-term Federal Aviation Administration (``FAA'') 
reauthorization act, the Vision 100--Century of Aviation 
Reauthorization Act (P.L. 108-176) expired on September 30, 2007. On 
September 20, 2007, the House passed H.R. 2881, the ``FAA 
Reauthorization Act of 2007'', to reauthorize FAA programs for fiscal 
years 2008 through 2011.
  Unfortunately, the Senate has been unable to complete action on a 
long-term FAA reauthorization bill. As a result, Congress has passed a 
series of short-term FAA extension acts. The current authority for 
aviation programs and taxes expires next week, on September 30.
  H.R. 6984 provides a 6-month extension of aviation programs and 
taxes, through March 31, 2009.
  H.R. 6984 provides $1.95 billion in contract authority for the 
Airport Improvement Program (``AIP''). The $1.95 billion provided for 
the first six months of fiscal year 2009 will enable airports to move 
forward with important safety and capacity projects, and is sufficient 
to meet all Letter of Intent (``LOI'') commitments. When annualized, 
this level of AIP funding equals $3.9 billion, consistent with both the 
House and Senate FAA reauthorization bills, and the fiscal year 2009 
Concurrent Budget Resolution.
  The bill also authorizes appropriations for FAA Operations, 
Facilities and Equipment (``F&E''), and Research, Engineering, and 
Development (``RE&D'') programs.
  In addition, H.R. 6984 extends the aviation excise taxes through 
March 31, 2009. These taxes are necessary to support the Airport and 
Airway Trust Fund, which in recent years has provided about 80 percent 
of the FAA's budget. With an uncommitted cash balance of just $1.4 
billion estimated as of the end of fiscal year 2008, any lapse in the 
aviation taxes could put the solvency of the Trust Fund at risk.
  In addition to extending the aviation taxes, H.R. 6984 extends the 
FAA's authority to make expenditures from the Airport and Airway Trust 
Fund, through March 31, 2009.
  To allow aviation programs to continue under the same terms and 
conditions as were in effect during the previous authorization period, 
H.R. 6984 also extends several other provisions of Vision 100.
  I thank Chairman Rangel, Chairman of the Committee on Ways and Means, 
for his assistance in ensuring the continued operation of aviation 
programs. I also thank my Committee colleagues, Ranking Member Mica, 
Subcommittee Chairman Costello, and Subcommittee Ranking Member Petri, 
for working with me on this critical legislation.
  I strongly urge my colleagues to join me in supporting H.R. 6984.
  Mr. CLYBURN. Mr. Speaker, I want to add a few words about the 
Disadvantaged Business Enterprise (DBE) and the Airport Concessions 
Disadvantaged Business Enterprise (ACDBE) Programs. These programs are 
critically important tools in our Nation's ongoing efforts to eliminate 
discrimination against minority and women owned businesses. Sadly, the 
evidence makes clear that race and sex discrimination are still 
realities for many of the business owners who are working hard to 
support their families, grow their businesses and contribute to our 
national economy.
  Many disparity studies detailing discrimination against minority and 
women business owners have been released in every region of the 
country. While each study is a little bit different, taken together, 
these studies illustrate that discrimination impacts business owners in 
every minority group including African-Americans, Hispanic-Americans, 
Asian Americans and Native Americans. The studies also show 
discrimination against women of every racial group. While hundreds of 
such studies have been conducted, I will mention just six of the many 
airport-related studies that have been produced, including: Dallas/Fort 
Worth International Airport Board Disparity Study Final Report, MGT of 
America, October 17, 2000; Final Report: Broward County Small 
Disadvantaged Business Enterprise (SDBE) Disparity Study, MGT of 
America, Inc., April 3, 2001; The City of Phoenix, Minority-Women-Owned 
and Small Business Enterprise Program Update Study: Final Report, MGT 
of America, April 21, 2005; Race, Sex and Business Enterprise: Evidence 
from the State of Maryland, NERA Economic Consulting, March 8, 2006; 
Race, Sex and Business Enterprise: Evidence from Denver, CO, NERA 
Economic Consulting, May 5, 2006; and Final Report for Development and 
Revision of Small, Minority and Women Business Enterprise Program, 
Nashville International Airport, (BNA), Griffin and Strong, PC, 
September 19, 2007. Let me be clear, these six studies represent a 
fraction of the airport-related studies that have been conducted--and 
yet even this small cross-section demonstrates the national scope of 
the problem and the breadth of its impact. These studies are too long 
to insert in the record in their entirety under House rules. However, I 
would

[[Page H8590]]

note that these studies were submitted to the record on September 11, 
2008 in a hearing before the U.S. Senate Committee on Small Business 
and Entrepreneurship.
  Disparity studies provide us with both statistical and anecdotal 
evidence. In other words, these studies illustrate both the broad-based 
statistical impact of discrimination and the personal accounts of 
discrimination by those who suffer its effects. It is the combination 
of these two types of data that helps us see how discrimination works 
and the problems it causes. The anecdotal accounts of discrimination 
provided in these studies demonstrate the various different ways that 
discrimination happens. Sometimes, discrimination is caused by prime 
contractors that simply refuse to work with businesses that are not 
part of established business networks--the old boy network, if you 
will. Other times, discrimination occurs in the bid process through bid 
shopping, uneven and untimely notice, and intentionally deceitful 
practices by prime contractors that approach DBEs and ACDBEs and ask 
them to prepare elaborate quotes and bids with no intention of actually 
using their services.
  In other situations, the discrimination happens in access to capital. 
Just last week on September 11, 2008, the Chair of the Airport Minority 
Advisory Council, Don O'Bannon, provided testimony before the Senate 
Small Business Committee outlining the severe difficulty that minority 
and women owned businesses confront when attempting to obtain working 
capital. This is not all. Different forms of discrimination reach into 
every aspect of the efforts by minority and women businesses to 
participate in airport-related business. There has been discrimination 
by suppliers, by government officials, by trade associations and in all 
of the more informal networks through which businesses obtain work. Of 
course, in the private sector where many of these businesses must 
obtain the lion's share of their work, there are rarely programs like 
the DBE and ACDBE programs and, as a result, discrimination has an even 
larger impact.
  The bottom line is this: The DBE and ACDBE programs are still vital 
to leveling the playing field for minority and women entrepreneurs in 
airport-related industries. I look forward to working with my 
colleagues to maintain and strengthen these programs to ensure that we 
continue the critical work of leveling the playing field to ensure that 
all American businesses have a fair chance to participate in the 
airport-related business opportunities.
  Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
  Mr. COSTELLO. Mr. Speaker, I have no further requests for speakers, 
and so I yield back the balance of my time and urge passage of this 
legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Costello) that the House suspend the rules 
and pass the bill, H.R. 6984.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________