[Congressional Record Volume 155, Number 135 (Wednesday, September 23, 2009)]
[House]
[Pages H9835-H9837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     FISCAL YEAR 2010 FEDERAL AVIATION ADMINISTRATION EXTENSION ACT

  Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3607) to amend the Internal Revenue Code of 1986 to extend 
the funding and expenditure authority of the Airport and Airway Trust 
Fund, to amend title 49, United States Code, to extend authorizations 
for the airport improvement program, and for other purposes.

[[Page H9836]]

  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3607

       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 ``Fiscal Year 2010 Federal 
     Aviation Administration Extension Act''.

     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, 2009'' and inserting ``December 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, 2009'' and inserting ``December 31, 2009''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``September 30, 2009'' and 
     inserting ``December 31, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009.

     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, 2009'' and inserting ``January 
     1, 2010'', and
       (2) by inserting ``or the Fiscal Year 2010 Federal Aviation 
     Administration Extension Act'' 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 ``October 1, 2009'' and 
     inserting ``January 1, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009.

     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 (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) $1,000,000,000 for the 3-month period beginning on 
     October 1, 2009.''.
       (2) Obligation of amounts.--Sums made available pursuant to 
     the amendment made by paragraph (1) may be obligated at any 
     time through September 30, 2010, and shall remain available 
     until expended.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``September 30, 2009,'' and 
     inserting ``December 31, 2009,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``October 1, 2009.'' and inserting 
     ``January 1, 2010.''.
       (b) Section 41743(e)(2) of such title is amended by 
     striking ``2009'' and inserting ``2010''.
       (c) Section 44302(f)(1) of such title is amended--
       (1) by striking ``September 30, 2009,'' and inserting 
     ``December 31, 2009,''; and
       (2) by striking ``December 31, 2009,'' and inserting 
     ``March 31, 2010,''.
       (d) Section 44303(b) of such title is amended by striking 
     ``December 31, 2009,'' and inserting ``March 31, 2010,''.
       (e) Section 47107(s)(3) of such title is amended by 
     striking ``October 1, 2009.'' and inserting ``January 1, 
     2010.''.
       (f) Section 47115(j) of such title is amended by inserting 
     ``and for the portion of fiscal year 2010 ending before 
     January 1, 2010,'' after ``2009,''.
       (g) Section 47141(f) of such title is amended by striking 
     ``September 30, 2009.'' and inserting ``December 31, 2009.''.
       (h) Section 49108 of such title is amended by striking 
     ``September 30, 2009,'' and inserting ``December 31, 2009,''.
       (i) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     inserting ``, or in the portion of fiscal year 2010 ending 
     before January 1, 2010,'' after ``fiscal year 2009''.
       (j) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by inserting ``and for the portion of fiscal year 2010 ending 
     before January 1, 2010,'' after ``2009,''.
       (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is 
     amended by striking ``September 30, 2009.'' and inserting 
     ``September 30, 2010.''.
       (l) The amendments made by this section shall take effect 
     on October 1, 2009.

     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 (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) $2,338,287,375 for the 3-month period beginning on 
     October 1, 2009.''.

     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 (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) $733,444,250 for the 3-month period beginning on 
     October 1, 2009.''.

     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 (12);
       (2) by striking the period at the end of paragraph (13) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) $46,250,000 for the 3-month period beginning on 
     October 1, 2009.''.

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


                             General Leave

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on the bill, H.R. 3607.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
  We passed a bill to extend the programs of FAA to make wide-sweeping 
changes and improvements and increase the investment in the next-
generation aviation technology in the previous Congress. We passed it 
again this year. But, regrettably, the other body has not acted on that 
legislation. We therefore are required to come to the floor with a bill 
to extend and keep in place existing programs, and that's really 
unfortunate that we have to do it this way.
  The gentleman from Illinois who is the Chair of the Aviation 
Subcommittee, the gentleman from Wisconsin, the ranking member, have 
put an enormous amount of time, dozens and dozens of hours of hearings 
and time spent deliberating with committee staff on the provisions of 
the bill. We've worked out a truly bipartisan piece of legislation that 
represents the biggest investment in aviation in the history of the 
program.
  In 1958 when the Federal Aviation Administration was created and 
President Eisenhower signed into law the legislation moving it from the 
old Civil Aeronautics Authority to the Federal Aviation Administration, 
the investment was under a billion dollars in aviation. Earlier this 
year we brought to the floor a bill to invest over $50 billion in the 
next 4 years in the Nation's aviation programs, in the construction of 
runways and taxiways on the hard side of airports, to improve 
terminals, to extend and increase the passenger facility charge so that 
airport authorities will have means by which to serve air travelers 
more efficiently, more effectively, with greater comfort and expediency 
than they're doing now. And on the technology side to make long-range 
investments, sustainable investments, in the future of air traffic 
control in the domestic airspace.
  Goodness, a billion people traveled by air worldwide last year; 750 
million of those traveled in the U.S. airspace. We have a 
responsibility to improve the speed with which air traffic controllers 
and the accuracy with which they communicate with aircraft and move 
aircraft in this vast airspace of ours. In addition to which, the 
United States has responsibility of over 3 million square miles of the 
Atlantic airspace and 18 million square miles of the Pacific airspace, 
both of which are fast-growing international air travel markets.
  The transatlantic airspace is a $35 billion market for us, and the 
Pacific airspace is a $25 billion to $28 billion, growing at 5 to 7 
percent a year. But to make it effective and to support our carriers as 
well as carriers from other countries, we need to advance the oceanic 
guidance system for aircraft above 39,000 feet. We can't do that unless 
we provide the funding for the FAA to improve these technologies.
  Until the other body moves on this legislation, we have to proceed 
with this short-term extension. I hope that our action will encourage 
the other body to move ahead.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Illinois, the chairman of the subcommittee, Mr. Costello, with 
authority to allocate time.

[[Page H9837]]

  The SPEAKER pro tempore. Without objection, the gentleman from 
Illinois will control the time.
  There was no objection.
  Mr. COSTELLO. I thank Chairman Oberstar for yielding the time, and I 
reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  In the 110th Congress, the House passed the FAA Reauthorization Act 
of 2007, which was H.R. 2881. That legislation reauthorized the FAA for 
4 years. In May of this year, the House voted again to pass a 
comprehensive reauthorization bill, this time numbered H.R. 915, the 
FAA Reauthorization Act of 2009.
  Unfortunately, the Senate has been unable to come to an agreement on 
its bill over the last 2 years. So for the past 2 years, Congress has 
passed extensions of the Federal Aviation Administration's funding and 
authority through the end of budget year 2009. The latest extension 
expires next week. So today we're considering another extension.
  H.R. 3607 would extend the taxes, programs, and funding of the FAA 
through December of 2009. This bill extends FAA funding and contract 
authority for 3 months; provides $1 billion in Airport Improvement 
Program funding through December of 2009; extends the War Risk 
Insurance program; and extends the Small Community Air Service 
Development Program. H.R. 3607 would ensure that our National Aviation 
System continues to operate until a full FAA reauthorization can be 
enacted.
  As I have indicated many times since the passage of the House FAA 
reauthorization bill back in 2007, we need to pass a long-term bill so 
that we can meet the growing demands placed on our Nation's aviation 
infrastructure. Modernizing our antiquated air traffic control system 
and repairing our crumbling infrastructure need to be at the top of our 
list of priorities. While I have some concerns with the House-passed 
bill, I look forward to addressing these issues in conference to 
develop bipartisan solutions on some of the more controversial 
provisions.

                              {time}  1245

  I urge our colleagues in the other body to complete their work on a 
comprehensive FAA reauthorization package in a timely fashion. While I 
am disappointed that the FAA has gone so long without a comprehensive 
reauthorization, I support this extension as the best alternative to 
keep the FAA and the national air space system running safely until we 
can take up and pass a bipartisanship and bicameral bill.
  I reserve the balance of my time.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Again, I want to thank Chairman Oberstar for yielding time to me. I 
rise in support of H.R. 3607, the Federal Aviation Administration 
Extension Act of 2009. I want to thank Chairman Oberstar, Ranking 
Member Mica, Mr. Petri, and Chairman Rangel and Ranking Member Camp for 
bringing this legislation to the floor today. Chairman Rangel of the 
Ways and Means Committee and Mr. Camp were very cooperative in 
extending the taxes so we could do this extension today.
  As Chairman Oberstar indicated, in a previous Congress and again in 
May of this year, the House passed the FAA Reauthorization Act of 2009, 
a long-term authorization of the FAA programs. We have been waiting on 
the other body for several months to bring a bill to the floor and pass 
it. In fact, it has been almost 2 years since Vision 100, the last FAA 
reauthorization bill, expired. Congress has been unable to pass a 
multiyear FAA bill; so then, instead of approving that bill, because of 
the other body, we have had to approve a series of short-term 
extensions. However, until H.R. 915 is signed into law, it is 
imperative that we not allow the FAA's critical programs to lapse.
  The Aviation Trust Fund is currently operating under a short-term 
extension that expires on September 30, 2009. To that end, H.R. 3607 
would extend not only the aviation taxes and expenditure authority, but 
also the Airport Improvement Program contract authority until December 
31 of this year.
  H.R. 3607 provides an additional $1 billion in AIP contract 
authority, resulting in a full year contract authority level of $4 
billion for fiscal year 2009. These additional funds will allow 
airports to proceed with critical safety and capacity enhancement 
projects, particularly larger projects that require a full year's worth 
of AIP funds to move forward.
  Mr. Speaker, aviation is too important to our Nation's economy, 
contributing $1.2 trillion in output and approximately 11.4 million 
jobs, to allow the taxes or the funding for critical aviation programs 
to expire. Congress must ensure that this extension passes today to 
reduce delays and congestion, improve safety and efficiency, stimulate 
the economy, and create jobs. I urge my colleagues to support this 
legislation.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield such time as he may consume to the 
ranking Republican on the full Transportation and Infrastructure 
Committee, the gentleman from Florida (Mr. Mica).
  Mr. MICA. Thank you for recognizing me, and I just want to take a 
minute to add my support for the reauthorization that is before us 
today. I want to associate myself with the comments of Chairman 
Oberstar, the full committee chairman. I am pleased as the ranking 
Republican on the committee to join him, and I also support Mr. 
Costello in his statements for the reauthorization.
  This delay in reauthorizing policy and projects and all of the 
Federal direction to the Federal Aviation Administration, this delay is 
unprecedented. Not only has the House acted appropriately, we passed in 
the last Congress and we passed again in this Congress authorization. 
The other body has yet to act on this important matter and left us in 
limbo. I am hoping that this is, in fact, the last extension. This is, 
in fact, the seventh extension. This is, in fact, I believe, the 
longest period we have gone in history without in place policy and law 
authorizing the Federal Aviation Administration.
  One of the major issues is behind us, and that is the issue of the 
air traffic controllers' contract. That has been resolved. The 
administration has cut a deal with the union. I think it has got about 
a three-quarters of a billion dollar price tag, but that is off the 
table. It was an item that was contentious.
  This legislation should be able to be conferenced with the other body 
in less than an hour. There are just one or two remaining items. I 
cannot believe that we are here again with a seventh request for 
extension. We have no choice but to request this extension now. 
Hopefully, Congress can reach a bipartisan and bicameral accord and 
pass a long-term FAA reauthorization. It is critical for the next 
generation. It is critical for having a policy in place that runs one 
of the key safety regulatory agencies in our government vital to the 
aviation industry and the economy of our Nation.
  So I am pleased to join Mr. Oberstar, Mr. Costello, our ranking 
member, Mr. Petri, and I am hoping that we can move forward both with 
this reauthorization and then with a permanent bill.
  Mr. PETRI. I have no further requests for time, and I yield back the 
balance of my time.
  Mr. COSTELLO. Mr. Speaker, I urge our colleagues to vote in favor of 
this extension. I join Mr. Mica and Mr. Oberstar and others in hoping 
that the other body will move very quickly on the reauthorization so we 
can get a bill on the President's desk. I urge my colleagues to support 
this extension.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and pass the bill, H.R. 3607.
  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.

                          ____________________