[Congressional Record Volume 155, Number 183 (Tuesday, December 8, 2009)]
[House]
[Pages H13594-H13596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




FISCAL YEAR 2010 FEDERAL AVIATION ADMINISTRATION EXTENSION ACT, PART II

  Mr. LEWIS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4217) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4217

       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, 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 
     ``December 31, 2009'' and inserting ``March 31, 2010''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2009'' and inserting ``March 31, 2010''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``December 31, 2009'' and 
     inserting ``March 31, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010.

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

     SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103(7) of title 49, United 
     States Code, is amended to read as follows:
       ``(7) $2,000,000,000 for the 6-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.
       (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, 
     2009, 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 2010 were $4,000,000,000; 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 ``December 31, 2009,'' and 
     inserting ``March 31, 2010,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

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

     SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1)(F) of title 49, United States Code, is 
     amended to read as follows:
       ``(F) $4,676,574,750 for the 6-month period beginning on 
     October 1, 2009.''.

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a)(6) of title 49, United States Code, is 
     amended to read as follows:
       ``(6) $1,466,888,500 for the 6-month period beginning on 
     October 1, 2009.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a)(14) of title 49, United States Code, is 
     amended to read as follows:
       ``(14) $92,500,000 for the 6-month period beginning on 
     October 1, 2009.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Lewis) and the gentleman from Ohio (Mr. Tiberi) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. LEWIS of Georgia. Mr. Speaker, I ask unanimous consent to give 
Members 5 legislative days to revise and extend their remarks on H.R. 
4217.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. LEWIS of Georgia. Mr. Speaker, I yield myself as much time as I 
may consume.
  H.R. 4217, the Fiscal Year 2010 FAA Extension Act, Part II, extends 
the financing and spending authority for the Airport and Airway Trust 
Fund. The trust fund taxes and spending authority are scheduled to 
expire on December 31, 2009, a few days from now. This bill simply 
extends these taxes for 3 months.
  Earlier this year, the House passed legislation allowing the trust 
fund to operate through 2012. Unfortunately, the Senate has not 
considered this important legislation. Today's bill simply keeps the 
Airport and Airway Trust Fund taxes and operations in place until a 
long-term measure can be signed into law.
  Air travel plays a critical role in our economy and in our lives. The 
world's busiest passenger airport, Hartsfield-Jackson Atlanta 
International Airport, is located in my congressional district. This 
airport alone has a direct impact of $24 billion on our economy. 
Failure to act will prevent the FAA from spending funds that are 
already in the trust fund. As a result, important airport construction 
projects around the country would shut down.
  This bill also extends a number of authorizing provisions that are 
under the

[[Page H13595]]

jurisdiction of the Transportation and Infrastructure Committee, led by 
my good and close friend, Chairman Oberstar. All of those provisions 
were passed by this body in a similar bill that extended these expiring 
tax provisions. If we fail to act on this bill, Mr. Speaker, I will 
repeat, if we fail to act on this bill, the trust fund will lose the 
revenue that we need for airport construction and the air traffic 
control system.
  I hope all of my colleagues will join me in supporting this good and 
necessary bill.
  I reserve the balance of my time, Mr. Speaker.
  Mr. TIBERI. Mr. Speaker, I yield myself as much time as I may 
consume.
  (Mr. TIBERI asked and was given permission to revise and extend his 
remarks.)
  Mr. TIBERI. Mr. Speaker, I rise in support of H.R. 4217.
  Mr. Speaker, this is a straightforward bill, one that will provide a 
3-month extension of various excise taxes that support the Airport and 
Airway Trust Fund, as well as the trust fund's expenditure authorities. 
These taxes and authorities are currently scheduled to expire at the 
end of the month, and today's legislation will permit this Congress the 
time it needs to consider a longer-term FAA reauthorization bill.
  As the ranking member of the Select Revenue Subcommittee within the 
Ways and Means Committee, I'm pleased that Chairman Rangel held a 
hearing earlier this year to examine tax issues related to the Airport 
and Airway Trust Fund. I certainly look forward to working with 
Chairman Rangel, Chairman Lewis, and all the members of our committee 
over the months ahead as we determine whether modifications to the 
financing structure of the Airport and Airway Trust Fund are warranted 
going forward. Ways and Means is clearly the appropriate committee of 
jurisdiction regarding these tax issues, and I anticipate working with 
other Ways and Means members of both parties to ensure that our 
committee continues to shape FAA reauthorization as it proceeds 
forward.
  I would note for my colleagues that under the Congressional Budget 
Office baseline, expiring excise taxes that are dedicated to a trust 
fund are assumed to be extended at current rates for budgeting 
purposes. Consequently, the Joint Committee on Taxation is expected to 
score H.R. 4217 as having no revenue effect, just as it has with 
similar short-term extensions of FAA taxes in the past. While many 
Members on our side of the aisle would argue that the Congressional 
Budget Office and Joint Tax should make the same assumption about 
expiring tax relief as well, that is a bigger debate for another day. 
For now, it's important that we extend the current FAA excise taxes on 
a temporary basis, and I'm pleased to join with my colleagues on the 
other side of the aisle in support of this legislation today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of Georgia. Mr. Speaker, I am pleased to yield 3 minutes to 
the gentleman from Illinois, the chairman of the Aviation Subcommittee, 
my good friend, Mr. Costello.
  Mr. COSTELLO. Mr. Speaker, I rise in support of H.R. 4217, Fiscal 
Year 2010 Federal Aviation Administration Extension Act. I want to 
thank Chairman Rangel and Ranking Member Camp as well as Chairman 
Oberstar and Ranking Member Mica and Mr. Petri for bringing this to the 
floor today.
  The FAA has been operating under a string of short-term extensions 
for over 2 years, since the last FAA reauthorization bill expired. 
Short-term extensions and uncertain funding levels can be disruptive to 
the aviation industry and to communities because they do not allow them 
to plan for long-term growth. Every month that goes by without a long-
term FAA authorization is a lost opportunity to improve aviation 
safety, security, and to create and maintain jobs around the country.
  Mr. Speaker, the House did its job and passed H.R. 915, the FAA 
Reauthorization Act of 2009, a 3-year authorization of the FAA 
programs. For several months, we have been waiting on the other body to 
bring a bill to the floor and to pass it. The Airport and Airways Trust 
Fund will expire on December 31, 2009, and the bill before us today, 
H.R. 4217, extends aviation taxes and expenditures authority and the 
Airport Improvement Program contract authority until March 31, 2010.
  H.R. 4217 also provides an additional $2 billion in AIP contract 
authority, resulting in an annualized amount of $4 billion for fiscal 
year 2010. Four billion dollars for AIP is consistent with the House 
and Senate reauthorization bills, as well as the fiscal year 2010 
concurrent budget resolution. These additional funds will allow 
airports to continue critical safety and capacity enhancement projects.
  Congress must ensure that this extension passes to reduce delays and 
congestion, improve safety and efficiency, stimulate the economy and 
create jobs. Mr. Speaker, I urge my colleagues to support this bill.
  Mr. TIBERI. Mr. Speaker, I yield 5 minutes to an expert on 
transportation issues in this Congress, a true leader, the gentleman 
from Wisconsin (Mr. Petri).
  Mr. PETRI. In the 110th Congress, the House passed the FAA 
Reauthorization Act of 2007, and that legislation reauthorized FAA for 
4 years. In May of this year, the House voted again to pass a 
comprehensive reauthorization bill, this time 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 two Congresses. So, 
for the past 2 years, Congress has passed extensions of the Federal 
Aviation Administration's funding and authority through the end of 
calendar year 2009. The latest extension expires at the end of this 
month, so today we're considering another extension.
  H.R. 4217 would extend the taxes, programs, and funding of the FAA 
through March of 2010. This bill extends FAA funding and contract 
authority for 3 months, provides $1 billion in airport improvement 
funding through March 2010, extends the War Risk Insurance program, and 
extends the Small Community Air Service Development Program. The bill 
before us, H.R. 4217, will ensure that our national aviation system 
continues to operate until a full FAA reauthorization can be enacted.
  As I've 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 
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 of the act. I 
urge my colleagues in the other body to complete their work on a 
comprehensive FAA reauthorization package in a timely fashion. And 
while I'm 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 Airspace System running 
safely until we can take up and pass a bipartisan and bicameral bill.

                              {time}  1530

  Mr. LEWIS of Georgia. I reserve the balance of my time.
  Mr. TIBERI. I will close by asking, again, my colleagues to support 
the measure. I yield back the balance of my time.
  Mr. LEWIS of Georgia. Mr. Speaker, I fully support H.R. 4217. Simply 
said, Mr. Speaker, we must make sure that the FAA remains funded. I 
urge my colleagues on both sides of the aisle to vote ``yes'' on this 
bill.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 4217, the 
``Fiscal Year 2010 Federal Aviation Administration Extension Act, 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. 
Although the House passed an FAA reauthorization bill last Congress, 
the Senate did not, resulting in the need for a series of short-term 
extension acts that, unfortunately, continues to this day.
  At the outset of this Congress, the House again passed a long-term 
FAA reauthorization bill. On May 21, 2009, the House passed H.R. 915, 
the ``FAA Reauthorization Act of 2009'', which reauthorizes FAA 
programs for fiscal years (FY) 2010 through 2012.

[[Page H13596]]

  However, this legislation is still pending in the Senate, as the 
other body has been unable to complete action on a long-term FAA 
reauthorization bill. Given that the current authority for aviation 
programs expires on December 31, an extension of current law is 
necessary to continue financing of aviation programs until a multi-year 
reauthorization bill can be completed. H.R. 4217 provides a three-month 
extension of aviation programs, through March 31, 2010.
  H.R. 4217 provides $2 billion in contract authority for the Airport 
Improvement Program (AIP) through the end of March. This $2 billion 
will enable airports to move forward with important safety and capacity 
projects. When annualized, this level of AIP funding equals $4 billion, 
which is consistent with both the House and Senate FAA reauthorization 
bills, and the FY 2010 Concurrent Budget Resolution.
  The bill also authorizes appropriations for FAA Operations, 
Facilities and Equipment (F&E), and Research, Engineering, and 
Development (RE&D) programs, consistent with average funding levels of 
the FY 2010 House-approved appropriations bill and the Senate-approved 
appropriations bill.
  In addition, H.R. 4217 extends the aviation excise taxes through 
March 31, 2010. These taxes are necessary to support the Airport and 
Airway Trust Fund, which funds a substantial portion of the FAA's 
budget. With an uncommitted cash balance of just $251 million at the 
end of FY 2009, 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. 4217 extends the 
FAA's authority to make expenditures from the Airport and Airway Trust 
Fund through March 2010.
  To allow aviation programs to continue under the same terms and 
conditions as were in effect during the previous authorization period, 
H.R. 4217 also extends several other provisions of Vision 100.
  I thank Chairman Rangel, Chairman of the Committee on Ways and Means, 
for introducing this measure, and for his assistance in ensuring the 
continued operation of aviation programs. I also thank Ways and Means 
Committee Ranking Member Camp and 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. 4217.
  Mr. LEWIS of Georgia. With that, Mr. Speaker, I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Lewis) that the House suspend the rules and 
pass the bill, H.R. 4217.
  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.

                          ____________________