[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[House]
[Pages H5901-H5904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  PROVIDING FOR CONSIDERATION OF H.R. 915, FAA REAUTHORIZATION ACT OF 
                                  2009

  Mr. ARCURI. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 464 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 464

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 915) to amend title 49, United States Code, to 
     authorize appropriations for the Federal Aviation 
     Administration for fiscal years 2009 through 2012, to improve 
     aviation safety and capacity, to provide stable funding for 
     the national aviation system, and for other purposes. The 
     first reading of the bill shall be dispensed with. All points 
     of order against consideration of the bill are waived except 
     those arising under clause 9 or 10 of rule XXI. General 
     debate shall be confined to the bill and the amendment 
     considered as adopted by this resolution and shall not exceed 
     one hour equally divided and controlled by the chair and 
     ranking minority member of the Committee on Transportation 
     and Infrastructure. After general debate the bill shall be 
     considered for amendment under the five-minute rule. In lieu 
     of the amendment in the nature of a substitute recommended by 
     the Committee on Transportation and Infrastructure now 
     printed in the bill, the amendment in the nature of a 
     substitute printed in part A of the report of the Committee 
     on Rules accompanying this resolution, modified by the 
     amendment printed in part B of such report, shall be 
     considered as adopted in the House and in the Committee of 
     the Whole. The bill, as amended, shall be considered as the 
     original bill for the purpose of further amendment under the 
     five-minute rule and shall be considered as read. All points 
     of order against provisions in the bill, as amended, are 
     waived. Notwithstanding clause 11 of rule XVIII, no further 
     amendment to the bill, as amended, shall be in order except 
     those printed in part C of the report of the Committee on 
     Rules. Each such amendment may be offered only in the order 
     printed in the report, may be offered only by a Member 
     designated in the report, shall be considered as read, shall 
     be debatable for the time specified in the report equally 
     divided and controlled by the proponent and an opponent, 
     shall not be subject to amendment, and shall not be subject 
     to a demand for division of the question in the House or in 
     the Committee of the Whole. All points of order against such 
     amendments are waived except those arising under clause 9 or 
     10 of rule XXI. At the conclusion of consideration of the 
     bill for amendment the Committee shall rise and report the 
     bill, as amended, to the House with such further amendments 
     as may have been adopted. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.
       Sec. 2.  The chair of the Committee on Transportation and 
     Infrastructure is authorized, on behalf of the committee, to 
     file a supplemental report to accompany H.R. 915.

  The SPEAKER pro tempore. The gentleman from New York is recognized 
for 1 hour.
  Mr. ARCURI. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Florida (Mr. Lincoln Diaz-
Balart). All time yielded during consideration of the rule is for 
debate only.


                             General Leave

  Mr. ARCURI. I ask unanimous consent that all Members be given 5 
legislative days within which to revise and extend their remarks and 
insert extraneous materials into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ARCURI. Mr. Speaker, I yield such time as I may consume.
  Mr. Speaker, H. Res. 464 provides for a structured rule for 
consideration of H.R. 915, the FAA Reauthorization Act of 2009.
  I would like to acknowledge Chairman Oberstar and Ranking Member Mica 
of the full Committee on Transportation and Infrastructure and Chairman 
Costello and Ranking Member Petri of the Aviation Subcommittee and 
thank them for their bipartisan work on H.R. 915. As a member of the 
full committee, I take great pride in being a part of the cooperative 
atmosphere, and I believe that it yields positive results, both for 
Congress and the American people.
  Mr. Speaker, we are here today to consider H.R. 915, the FAA 
Reauthorization Act of 2009. In many ways, it is unfortunate that we 
must consider this bill because the reauthorization of the FAA and its 
programs expired over 3 years ago. The House passed a reauthorization 
bill in September of 2007 that was very similar to the measure we will 
consider today. Unfortunately, the Senate was unable to move the FAA 
reauthorization last Congress, and so we are forced to take the lead 
once more, affording the Senate even more time to act than we did in 
the previous Congress.
  The American public cannot afford to wait any longer for this 
legislation. The bill makes essential increases in aviation funding and 
safety improvements that are long overdue. In the past few months, we 
have seen, in New York State alone, my home, two crashes involving 
regional jets, and the investigations into those crashes have revealed 
that greater safety oversight is needed.
  H.R. 915 includes a number of provisions that will make air travel 
safer for the American public, such as a requirement that the FAA 
increase the number of aviation safety inspectors and increase funding 
for programs that reduce runway incursions. The bill requires the FAA 
to inspect foreign repair stations at least twice a year and perform 
drug and alcohol testing on those individuals working on U.S. aircraft, 
to ensure that aircraft maintenance is performed in a safe and 
responsible manner. The bill also directs the FAA to begin an 
administrative rulemaking process to revise existing aircraft rescue 
and fire fighting standards that have not been updated in 21 years.
  Many of those safety improvements come with increased costs. I have 
personally heard from a number of smaller airports in my district that 
are concerned that the cost of complying with the new fire fighting 
standards will pose a severe economic hardship on them, possibly 
causing a reduction in air service. I would like to thank Chairman 
Oberstar and Chairman Costello for addressing my concerns on this 
matter during yesterday's Rules Committee hearing.
  The provisions related to the aircraft rescue and fire fighting 
rulemaking specifically require that the Secretary of Transportation 
conduct an assessment of potential impacts associated with the 
revisions; that is to say, that they will review the rulemaking and 
make a determination on how smaller airports, if there is a question 
with their ability to comply, how they can comply and continue the 
service to the region that they represent. In addition, the rulemaking 
process will involve a public comment period for impacted airports to 
weigh in on the proposed changes.
  The bill also includes increased funding that will help airports 
comply with these new safety measures. The bill includes $16.2 billion 
over the life of the bill for the Airport Improvement Program, also 
known as AIP. Airports can use AIP funding to make safety improvements 
or purchase emergency equipment.
  In addition, the bill includes an increase on the maximum passenger 
facility charge that airports can assess on travelers. Airports can use 
PFC revenue to preserve or enhance the safety, security, or capacity of 
the national air transportation system; to reduce or mitigate noise 
impacts resulting from an airport; or to provide opportunities for 
enhanced competition among or between carriers. In order to take 
advantage of this increase, major airports will have to forego a 
portion of their AIP funds which will be designated for projects at 
smaller airports.
  The FAA Reauthorization Act also includes $70 billion for the FAA's 
capital programs between fiscal year 2009 and fiscal year 2012 so the 
FAA can make needed repairs and replace some existing facilities and 
equipment. This will improve airline capacity and efficiency and, at 
the same time, improve safety, reduce environmental impacts, and 
increase user access.
  Mr. Speaker, this legislation is long overdue. The President has 
urged us to pass it. And it is especially timely that we approve a 
reauthorization of the FAA now, before the summer flight congestion and 
weather-related delays create even more havoc for the traveling public.
  I urge my colleagues to vote ``yes'' on the rule and to support the 
underlying legislation.
  I reserve the balance of my time.
  Mr. LINCOLN DIAZ-BALART of Florida. I'd like to thank my friend the 
gentleman from New York (Mr.

[[Page H5902]]

Arcuri) for the time, and I yield myself such time as I may consume.
  Mr. Speaker, south Florida has a rich and proud flying history. 
Aviation's entry into south Florida came in 1911 when the Wright 
brothers delivered a biplane for Miami's 15th anniversary celebration.

                              {time}  1100

  After World War I, the city rapidly developed as an aviation center. 
By 1928, Pan American Airways had moved its headquarters to Miami, 
followed soon by Eastern Airlines and National Airlines.
  In 1937, Amelia Earhart took off from Miami Airport in Hialeah on her 
final fateful around-the-world flight.
  During World War II, Miami transformed into a training base and 
departure point for the theaters of war. Following the victory, 
commercial aviation experienced an explosion in growth and development, 
and Miami International Airport rose to prominence. Today, that airport 
continues to be one of the busiest in the Nation and a major gateway to 
the Americas.
  In 2008, almost 34 million passenger passed through Miami 
International Airport. Almost half of them were international 
passengers.
  MIA is not only a hub for international travel, it also plays an 
integral role in global trade. The airport is among the Nation's top 
air cargo handlers, with almost 2 million tons handled last year, and a 
record 2.1 million tons processed in 2006. Also, MIA handled nearly 80 
percent of all air cargo imports and exports between the United States 
and Latin America.
  Because it is both an international hub for passengers and cargo, the 
airport provides the south Florida community with an economic 
contribution of over $26 billion annually, generating almost 300,000 
jobs, almost $700 million in Federal aviation tax revenue, and almost 
$1 billion dollars in State, county and municipal tax revenue.
  However, if MIA is going to continue to play such an important role 
as a trade gateway, it obviously must continue to grow. The airport is 
currently in the midst of a $6.2 billion capital improvement program 
that has made progress. It's had some problems, but it's made progress, 
despite costly delays and large cost increases.
  This capital program, when completed in 2011, will expand the 
terminal and concourses by over 3.9 million square feet, for a total of 
7.4 million square feet, with added cargo facilities increasing from 
2.7 million square feet of space and 17 buildings to nearly 3.5 million 
square feet and 20 cargo processing buildings.
  If U.S. air travel is to continue its fundamental role in our 
economy, we have to make certain that we have the safest, most modern 
and efficient transportation system in the world. By reauthorizing the 
Federal Aviation Administration funding and safety oversight programs, 
the underlying legislation that is being brought to the floor takes an 
important step toward that goal.
  H.R. 915 helps airports meet the challenges of congestion and delays 
by, among other things, authorizing over $16 billion for the Airport 
Improvement Program. That program provides grants to airports to help 
them with capacity and infrastructure problems.
  The bill also provides over $13 billion for facilities and equipment 
programs to expedite the deployment of the Next Generation Air 
Transportation System, and to assist airports in repairing, replacing 
and upgrading existing equipment and facilities.
  Currently, there is a contract dispute between the air traffic 
controllers and the Federal Aviation Administration. Now, I admire air 
traffic controllers. They are highly trained, hardworking 
professionals. I'm honored to know those who are in south Florida, the 
air traffic controllers, and I'm very proud of them. I'm very proud of 
them for their extraordinary work and their dedication. Under great 
pressure, with no room for error, they manage our skies and keep the 
traveling public safe. I'm pleased that the distinguished chairman has 
acknowledged the dispute and taken steps to resolve the issue.
  Although I support the underlying legislation, Mr. Speaker, very 
important underlying legislation, I must oppose the rule that is 
bringing it to the floor because it blocks, that rule blocks a complete 
and fair debate unnecessarily, once again and unfortunately, once 
again.
  The rule brought forth by the majority today forbids the House from 
considering amendments from Members on both sides of the aisle. Yes, it 
allows four out of six Republican amendments that were introduced in 
the Rules Committee, but it blocks, it prohibits, a total of 21 
amendments. Some of those amendments are bipartisan amendments, and 
most are amendments from the majority party. I may not have voted for 
all those amendments that were blocked by the majority on the Rules 
Committee, but I certainly believe that this House should have had the 
opportunity to debate them, to consider them, and to vote on all the 
amendments.
  I don't know why, Mr. Speaker. I'm not sure why the majority, each 
time a bill comes up for consideration under a rule, it consistently, 
the majority consistently blocks amendments from debate. Why? Why is 
the majority blocking amendments? Is it that they're afraid of debate? 
Are they afraid of losing the vote on some amendments? Are they 
protecting their Members from what they consider to be tough, difficult 
votes? Are they afraid of the democratic process? Or is it all of the 
above?
  I reserve.
  Mr. ARCURI. Mr. Speaker, I thank my friend from Florida for his 
comments, and my colleague from the Rules Committee, and thank you for 
the history of the Miami Airport. I was not familiar with the 
importance that it played in the history of the aviation of our 
country, but I thank you for that.
  I just want to point out that, with respect to your comment about 
amendments, that there were, in all, eight Republican amendments 
submitted to the committee, of which five were made in order. Yet the 
Democrats submitted 22 amendments, and only seven of those were made in 
order. So I would say that the percentage was more than fair on both 
sides of the aisle.
  With that, Mr. Speaker, I yield 4 minutes to the gentleman from 
Florida, my colleague from the Rules Committee, Mr. Hastings.
  Mr. HASTINGS of Florida. I thank my colleague from the Rules 
Committee for yielding me the time. And I also would like to refer to 
my friend, and he is my good friend from Florida, who asks the 
question, why would the majority, quoting him, ``block legislation.''
  My friend, when he was in the majority, knows that I served on the 
committee with him for a number of years, and I suffered the 
frustration of being in the minority, and perhaps that is what you 
suffer.
  But beyond that, I have the distinct recollection of even being on 
the Rules Committee and not even having my amendments made in order; so 
it is not only the general body, even the members of the Rules 
Committee, it is the function and the way that the House works, and 
that is that the majority rules.
  Mr. Speaker, H.R. 915, the FAA authorization action of 2009, has been 
delayed for almost 3 years. This, in my opinion, is far too long for 
such a critical issue. Essential increases in aviation funding and 
safety improvement have been allowed to languish.
  Under the Bush Administration there was another attempt made to 
approve this legislation, but it was delayed yet again by the Senate.
  I believe the time has come for action. For years I have fought, 
along with colleagues, for a new tower at Palm Beach International 
Airport. And yet, with all their infinite wisdom, the Federal Aviation 
Administration approved plans for a new tower that is under 
construction that is in abatement at this moment, but intends to strip 
the state-of-the-art TRACON radar out of Palm Beach International and 
move it to Miami.
  By placing all of south Florida's major radar functions under one 
roof in Miami, the FAA is creating an extremely dangerous scenario, 
especially in light of the fact that Florida is vulnerable to 
hurricanes and has been designated as a high-risk urban area.
  If a hurricane were to barrel through Miami-Dade County and damage 
MIA's control tower and subsequent radar system, as Hurricane Andrew 
did, then it's highly possible, indeed likely, that

[[Page H5903]]

emergency efforts in Palm Beach and south Florida could be dramatically 
hindered.
  The FAA's contingency plan would require that controllers in 
Jacksonville, an airport more than 350 miles away, direct approaching 
aircraft, not only in their assigned region, but throughout all of 
south Florida and virtually the entire State, without additional staff 
and technology.
  For my constituents, H.R. 915 contains a provision that I consider 
very important, and worked hard to make sure that it was included. I 
thank Chairman Oberstar and Subcommittee Chair Costello and especially 
their staffs for the extraordinary work that they have done on this 
overall bill, and I'm deeply appreciative that they included this 
language, and I hope the FAA gets it.
  The administrator of the Federal Aviation Administration shall take 
such actions as may be necessary to ensure that any air traffic control 
tower or facility placed into operation at Palm Beach International 
Airport after September 30, 2009, to replace an air traffic control 
tower or facility placed into operation before September 30, 2009, 
includes an operating Terminal Radar Approach Control. It creates a 
process to ensure that these realignment efforts are properly reviewed 
and evaluated, and that stakeholders are involved throughout the entire 
process. This will help ensure that realignment decisions are not 
arbitrary nor are they made with only financial considerations taken 
into account.
  The SPEAKER pro tempore (Mr. Clay). The time of the gentleman has 
expired.
  Mr. ARCURI. I yield the gentleman an additional 2 minutes.
  Mr. HASTINGS of Florida. Throughout my career, rarely have I seen a 
Federal agency as dysfunctional, unorganized, or downright incompetent, 
certainly totally irresponsible as it pertains to this issue, and 
unresponsive to my and the efforts of others to see to it that this 
matter is concluded in a positive manner.

                              {time}  1115

  The way that they functioned under the Bush administration certainly 
is not to be admired. For years, I've been fighting the FAA to stop the 
consolidation and the realignment of south Florida air traffic control 
facilities, and the same holds for other areas of the country where 
appropriate studies are needed before such decisions are taken.
  As my constituents know, I take this very personally. Simply put, the 
lives of millions of people all across this country are in the hands of 
air traffic controllers every single day. I'm sorry, but we can't play 
politics with one's personal safety.
  My good friend from Florida referenced the air traffic controllers. 
On Monday, I received, as before did Mr. Oberstar and Mr. Costello, the 
Sentinel of Safety Award. I thank my friends that are National Air 
Traffic Controllers Association members, particularly those who have 
worked with me on this project--Mitch and Shane and others in the 
area--and my former staff person, David Goldenberg. I would like to 
shout out to him and thank him and Alex Johnson on my staff for the 
extraordinary work that they have done.
  I urge the adoption of this rule and the passage of this underlying 
legislation.
  I would ask my friend from Florida, since he, like me, is a fan of 
the National Air Traffic Controllers Association, if he supports their 
quality of life issues and their increase in appropriate pay.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I appreciate my dear 
friend and colleague and the fact that he shares also my admiration for 
the air traffic controllers and my support for the measures to increase 
their quality of life and to recognize the extraordinary work that they 
do each day and the importance of the extraordinary work that they do 
each day.
  With regard to the fact that when he was in the minority he 
experienced some of his amendments being denied, I've also had that 
experience. Obviously, it's a lot more challenging to be in the 
minority than it is to be in the majority. Of course, I'm always 
hopeful because, in the next bill that's going to be considered by the 
Rules Committee, I'm going to introduce another amendment. So there's 
hope. There's hope. I never lose hope that there will be additional 
fairness in the next rule.
  I say to my good friend Mr. Arcuri--and he is my friend, as Mr. 
Hastings is--that, yes, I recognize, on this particular rule a 
significant number of Republican amendments were made in order. What I 
fail to understand is the logic in opening up the process on 
legislation, especially on legislation that obviously enjoys almost 
consensus support. I recognize the obligations of the majority to frame 
debate here and to organize the floor. I recognize that. I had the 
privilege for many years of being on the Rules Committee in the 
majority. We've had closed rule after closed rule after closed rule, 
not in this case, as this is a structured rule where there have been 
more amendments authorized, but the amount of very strictly organized 
rules and especially the amount of closed rules has been really 
extraordinary and, I think, unnecessary. That's the point that I've 
been making.
  I would inquire of Mr. Arcuri if he has any additional speakers.
  Mr. ARCURI. No, we have no further speakers, and I would be ready to 
close.
  Mr. LINCOLN DIAZ-BALART of Florida. We thought we did, but we don't. 
So at this point we will be urging a ``no'' vote on the previous 
question and a ``no'' vote on the adoption of the rule.
  Again, Mr. Speaker, the underlying legislation is important, and it's 
going to enjoy great bipartisan support, but we think that the process 
of debate should have been fully open, so that's why we'll be asking 
for a ``no'' vote on the previous question as well as on the rule.
  At this point, I yield back the balance of my time.
  Mr. ARCURI. I thank the gentleman from Florida, my good friend and 
colleague from the Rules Committee, for his very capable handling of 
this rule.
  Mr. Speaker, in closing, I would like to say that the need to pass 
this legislation could not be clearer. We're about to enter the summer 
travel season, and as we saw last summer, the typical increase in 
passenger travel, coupled with summer thunderstorms, can wreak havoc on 
our air traffic system and on passengers' travel plans.
  H.R. 915 will address the congestion and capacity issues by providing 
funding to accelerate the implementation of the Next Generation Air 
Transportation System, commonly known as NextGen, which will replace 
outdated technology with emerging technologies and automated flight 
capabilities.
  The FAA Reauthorization Act also contains important consumer 
protection measures that will provide relief to passengers who find 
themselves helplessly caught in the air traffic system. The bill 
requires airlines and airports to have emergency contingency plans 
approved by the U.S. Department of Transportation detailing how 
airlines and airports will deplane passengers following excessive 
delays.
  The Department of Transportation will have the authority to assess 
civil penalties against an airline or an airport that fails to adhere 
to an approved contingency plan. Airlines will also be required to 
include on their Web sites and on electronic boarding passes the U.S. 
DOT Consumer Complaint Hotline number and the contact information for 
both the U.S. DOT's Consumer Protection Division and airline. The bill 
also requires the U.S. DOT Inspector General to review airlines' flight 
delays, cancellations, and their associated causes and report back to 
Congress.
  These are important protections that the American public desperately 
deserves against the often indifferent giant airlines. Let's work 
together today to see that they are implemented in a timely manner. I 
urge a ``yes'' vote on the previous question and on the rule.
  I yield back the balance of my time, and I move the previous question 
on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.

[[Page H5904]]

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________