[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[House]
[Pages H1553-H1558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

  Mr. COSTELLO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4853) 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. 4853

       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 2010''.

     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 
     ``March 31, 2010'' and inserting ``July 3, 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 ``March 
     31, 2010'' and inserting ``July 3, 2010''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``March 31, 2010'' and inserting 
     ``July 3, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 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 ``April 1, 2010'' and inserting ``July 4, 
     2010''; and
       (2) by inserting ``or the Federal Aviation Administration 
     Extension Act of 2010'' 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 ``April 1, 2010'' and 
     inserting ``July 4, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 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) $3,024,657,534 for the period beginning on October 1, 
     2009, and ending on July 3, 2010.''.
       (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 period beginning on October 1, 2009, and 
     ending on July 3, 2010, 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 \89/365\--
       (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 ``March 31, 2010,'' and 
     inserting ``July 3, 2010,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``April 1, 2010.'' and inserting ``July 
     4, 2010.''.
       (b) Section 44302(f)(1) of such title is amended--
       (1) by striking ``March 31, 2010,'' and inserting ``July 3, 
     2010,''; and
       (2) by striking ``June 30, 2010,'' and inserting 
     ``September 30, 2010,''.
       (c) Section 44303(b) of such title is amended by striking 
     ``June 30, 2010,'' and inserting ``September 30, 2010,''.
       (d) Section 47107(s)(3) of such title is amended by 
     striking ``April 1, 2010.'' and inserting ``July 4, 2010.''.
       (e) Section 47115(j) of such title is amended by striking 
     ``April 1, 2010,'' and inserting ``July 4, 2010,''.
       (f) Section 47141(f) of such title is amended by striking 
     ``March 31, 2010.'' and inserting ``July 3, 2010.''.
       (g) Section 49108 of such title is amended by striking 
     ``March 31, 2010,'' and inserting ``July 3, 2010,''.
       (h) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``April 1, 2010,'' and inserting ``July 4, 2010,''.
       (i) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``April 1, 2010,'' and inserting ``July 4, 
     2010,''.
       (j) The amendments made by this section shall take effect 
     on April 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) $7,070,158,159 for the period beginning on October 1, 
     2009, and ending on July 3, 2010.''.

[[Page H1554]]

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a)(6) of title 49, United States Code, is 
     amended to read as follows:
       ``(6) $2,220,252,132 for the period beginning on October 1, 
     2009, and ending on July 3, 2010.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a)(14) of title 49, United States Code, is 
     amended to read as follows:
       ``(14) $144,049,315 for the period beginning on October 1, 
     2009, and ending on July 3, 2010.''.

     SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED 
                   SURFACE TRANSPORTATION PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Surface Transportation Extension Modification Act of 
     2010''.
       (b) Modification of Allocation Rules.--Section 411(d) of 
     the Surface Transportation Extension Act of 2010 is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``1301, 1302,''; and
       (ii) by striking ``1198, 1204,''; and
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i) by striking 
     ``apportioned under sections 104(b) and 144 of title 23, 
     United States Code,'' and inserting ``specified in section 
     105(a)(2) of title 23, United States Code (except the high 
     priority projects program),''; and
       (ii) in clause (ii) by striking ``apportioned under such 
     sections of such Code'' and inserting ``specified in such 
     section 105(a)(2) (except the high priority projects 
     program)'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``1301, 1302,''; and
       (ii) by striking ``1198, 1204,''; and
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i) by striking 
     ``apportioned under sections 104(b) and 144 of title 23, 
     United States Code,'' and inserting ``specified in section 
     105(a)(2) of title 23, United States Code (except the high 
     priority projects program),''; and
       (ii) in clause (ii) by striking ``apportioned under such 
     sections of such Code'' and inserting ``specified in such 
     section 105(a)(2) (except the high priority projects 
     program)''; and
       (3) by adding at the end the following:
       ``(5) Projects of national and regional significance and 
     national corridor infrastructure improvement programs.--
       ``(A) Redistribution among states.--Notwithstanding 
     sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat. 1202 
     and 1205), the Secretary shall apportion funds authorized to 
     be appropriated under subsection (b) for the projects of 
     national and regional significance program and the national 
     corridor infrastructure improvement program among all States 
     such that each State's share of the funds so apportioned is 
     equal to the State's share for fiscal year 2009 of funds 
     apportioned or allocated for the programs specified in 
     section 105(a)(2) of title 23, United States Code.
       ``(B) Distribution among programs.--Funds apportioned to a 
     State pursuant to subparagraph (A) shall be--
       ``(i) made available to the State for the programs 
     specified in section 105(a)(2) of title 23, United States 
     Code (except the high priority projects program), and in the 
     same proportion for each such program that--

       ``(I) the amount apportioned to the State for that program 
     for fiscal year 2009; bears to
       ``(II) the amount apportioned to the State for fiscal year 
     2009 for all such programs; and

       ``(ii) administered in the same manner and with the same 
     period of availability as funding is administered under 
     programs identified in clause (i).''.
       (c) Expenditure Authority From Highway Trust Fund.--
     Paragraph (1) of section 9503(c) of the Internal Revenue Code 
     of 1986, as amended by the Surface Transportation Extension 
     Act of 2010, is amended by striking ``in effect on the date 
     of the enactment of such Act)'' and inserting ``in effect on 
     the later of the date of the enactment of such Act or the 
     date of the enactment of the Surface Transportation Extension 
     Modification Act of 2010)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect upon the enactment of the Surface 
     Transportation Extension Act of 2010 and shall be treated as 
     being included in that Act at the time of the enactment of 
     that Act.

  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. Madam 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 materials on H.R. 4853.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. COSTELLO. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 4853, the Federal Aviation 
Administration Extension Act of 2010. I want to thank Chairman Levin 
and Ranking Member Camp, as well as Chairman Oberstar and Ranking 
Members Mica and Petri for bringing this to the floor today.
  The FAA has been operating under a series of short-term extensions 
for 2\1/2\ years since the last FAA reauthorization bill expired. 
Short-term extensions and uncertain funding levels can be disruptive to 
the aviation industry, airports, and local communities because they do 
not allow them to plan for long-term growth. Frankly, every month that 
goes by without a long-term FAA authorization is a lost opportunity to 
improve aviation safety and security and to create and maintain jobs 
around the country.
  Madam Speaker, the House did its job and passed H.R. 915, the FAA 
Reauthorization Act of 2009, a 3-year authorization of FAA programs. 
For 8 months, we have been waiting on the other body to bring a bill to 
the floor and pass it. The Senate bill is now being debated in the 
other body, and we look forward to passage of that bill so that we can 
complete our work and begin with the reauthorization of the FAA bill.
  However, the Airport and Airways Trust Fund will expire on March 31, 
2010, and the bill before us today, H.R. 4853, extends aviation taxes 
and expenditure authority, and the Airport Improvement Program contract 
authority, until July 3, 2010.
  H.R. 4853 also provides for a total of $3 billion in AIP contract 
authority through early July, which translates to an annualized amount 
of $4 billion for fiscal year 2010. This level of funding is consistent 
with the annual levels provided by the House and the 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.
  Additionally, the bill provides $7 billion for FAA operations, $2.2 
billion for facility and equipment programs, and $144 million for 
research, engineering, and development programs. When translated to 
yearly amounts, these figures equal the funding levels passed for these 
programs by the fiscal year 2010 Consolidated Appropriations Act.
  In addition, the 3-month bill extends aviation excise taxes through 
July 3, 2010. These taxes are necessary to support the Airport and 
Airways Trust Fund, which funds a large portion of the FAA's budget. 
Any lapse in these taxes could drain the trust fund's balance, so it is 
important that we act now, pending the passage of a longer-term 
reauthorization bill.
  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 the bill.
  I reserve the balance of my time.
  Mr. PETRI. Madam Speaker, in the 110th Congress, the House passed the 
FAA Reauthorization Act of 2007, H.R. 2881. That bill reauthorized the 
FAA for 4 years. In May of last year, the House voted again to pass a 
comprehensive reauthorization bill, H.R. 915, the FAA Reauthorization 
Act of 2009.
  In just the last week, the Senate has begun consideration of their 
FAA reauthorization bill, and it looks quite possible that the two 
Chambers will soon begin negotiations to reconcile each of their bills. 
However, this reconciliation process will take time. Given that the 
current FAA extension expires at the end of this month, we need to 
again extend the FAA's taxes and authorities to allow time to get a 
final, conferenced FAA bill.
  H.R. 4853 would extend the taxes, programs, and funding of the FAA 
through July 3 of this year. This bill extends FAA funding and contract 
authority for just over 3 months, provides $3 billion in Airport 
Improvement Program funding, extends the War Risk Insurance program, 
and extends other authorities related to Small Community Air Service, 
airport, and safety programs.
  H.R. 4853 will ensure that our National Airspace System continues to

[[Page H1555]]

operate until a full FAA reauthorization can be enacted.
  So 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 
priorities.
  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 and efficiently until we can take up and pass a bipartisan and 
bicameral bill. It seems that we are closer to this goal than ever 
before, at least in recent Congresses.
  H.R. 4853 also includes a provision that will change the way funding 
is distributed for the Projects of National and Regional Significance 
program and the National Corridor Infrastructure program in the surface 
transportation extension that the Senate passed this morning.
  In its current form, this surface extension bill would prevent 22 
States from receiving any funding and would direct 56 percent of the 
funding to just four States: California, Louisiana, Illinois, and 
Washington. This fix ensures that the funding for those two programs is 
distributed to all States through the existing Federal-aid highway 
formula. And I commend the people who are responsible for that fix.
  With that, I urge my colleagues to support the bill, H.R. 4853.
  I reserve the balance of my time.
  Mr. COSTELLO. At this time, Madam Speaker, I recognize our friend who 
is a member of the subcommittee, the gentleman from California (Mr. 
Garamendi).
  Mr. GARAMENDI. Madam Speaker, I'm going to fly home hopefully later 
this weekend, and it is surely important to me that the FAA continues 
to do what it must do to keep the air safe. And I want to commend the 
minority as well as the Chair for this extension.
  But beyond the extension, there is another extremely important 
element in this bill, and that is straightening out the funding for 
transportation. Mr. Oberstar worked a miracle and actually managed to 
give California less of more, which took a while for me to understand. 
But the reality is that by being able to work out a compromise with the 
Senate, we are going to be able to move the transportation programs 
forward. It's a great example of what can be done with some good 
leadership working both sides of the aisle.
  I want to commend the bill to all of us and move this thing along so 
that we can fly home safely when we get the health care bill done and 
go home and tell our constituents about a good highway transportation 
program that's been put together.
  Mr. PETRI. I reserve the balance of my time.
  Mr. COSTELLO. At this time, Madam Speaker, I would yield 2 minutes to 
a member of the full committee, Mr. Sires from New Jersey.
  Mr. SIRES. Madam Speaker, I rise today in strong support of H.R. 
4853, the Federal Aviation Administration Extension Act of 2010. This 
legislation would extend the FAA's aviation programs and taxes for 3 
more months, through July 3, 2010.
  Funding authorization for aviation programs expired at the end of 
fiscal year 2007, and since then, 11 extensions have been passed.
  Although the House passed Chairman Oberstar's bill, H.R. 915, the FAA 
Reauthorization Act of 2009, on May 21, 2009, the Senate has not acted 
on this legislation. Passage of a comprehensive reauthorization bill is 
necessary, but for the time being, we must once again pass an extension 
reauthorizing the FAA's aviation programs.
  Included in this bill are also two very important surface 
transportation provisions. These provisions would alleviate concerns 
raised by Members of the House earlier this month when we passed the 
House amendments to the Senate amendments of the HIRE Act. 
Specifically, section 9 of this bill will amend the HIRE Act and 
resolve House concerns with the formula of distributing highway funding 
in the HIRE Act.
  This bill would share among all States the $932 million for projects 
of national and regional significance and the national corridor 
programs.
  Under the Senate's bill, four States would automatically receive 58 
percent of this funding and 22 States would receive no funding at all. 
Under this bill, all States will be allowed to compete for these 
programs.
  This bill also distributes additional bonus formula funds to 13 
current State highway formula programs, as opposed to only six of the 
highway formula programs. While the Senate Surface Transportation Act 
Extension Act skewed highway formula funding to certain States, this 
bill acts as a remedy. Additionally, these two surface transportation 
provisions would put into law Majority Leader Reid's commitment to 
rectify the two differences between the House and the Senate 
transportation extension bills.
  Madam Speaker, I urge my colleagues to join me in passing the FAA 
Extension Act, which includes several important provisions.

                              {time}  1545

  Mr. PETRI. I reserve the balance of my time.
  Mr. COSTELLO. Madam Speaker, at this time I recognize for such time 
as he may consume the chairman of the full Transportation Committee, 
Chairman Oberstar.
  Mr. OBERSTAR. Madam Speaker, I thank the chair of the Aviation 
Subcommittee, Mr. Costello. He has already well and duly explained the 
FAA authorization extension that is before us at this moment. I want to 
address, as Mr. Petri has done, as Mr. Garamendi and Mr. Sires have 
done, the other provision in this bill.
  When we passed the Hiring Incentives to Restore Employment Act a time 
ago, the legislation then was sent back by the Senate with some changes 
in the highway funding formula that I felt were unfair, unjust, 
unnecessary; and I held up House consideration of the bill until we 
could reach an agreement with the other body.
  As I went on to explain in meetings of the caucus, meetings with our 
committee members on both sides of the aisle, the Senate version of 
this bill directed major highway discretionary program funding to a 
select group of States: four would get 58 percent of the funding; 22 
States get nothing; the other 20 got dribbles.
  That formulation would provide a permanent windfall for those four 
States. And not just a one-time shot but a long-term windfall, because 
it would skew underlying highway formulas, changing the baseline for 
those four States that got the lion's share of the money.
  After a good deal of discussion and consideration, I had a 
conversation with my very good friend from the time he served in the 
House. Senate Majority Leader Harry Reid pointed out that there was 
$932 million in discretionary highway funds that we had formulated one 
way in the bill we passed in December. The Senate has now taken that 
language and skewed it in a different direction, and that is the wrong 
thing to do and will change from our provision in the December bill 
that distributed that $932 million in discretionary funding to the 
Secretary to fold it into the regular highway formula for all of the 
States on a proportional basis, rather than just the 29 States that had 
programs and projects of national and regional significance and 
national corridor infrastructure improvement programs. That included my 
State of Minnesota, which would have benefited from the windfall of the 
Senate formula.
  I could have just said nothing, sat on my hands, let it go. It is a 
very arcane, very complex formula. Few people would have understood it. 
But it was the wrong thing to do. It was the wrong way to hijack the 
House bill and hijack these funds and just simply allocate them to few 
States.
  Furthermore, the language, the provision in the other body's 
legislation designated seven programs as second-tier programs and 
further rated those funds--the Appalachia Development Highway System, 
the Rail Highway Grade Crossing, the Equity Bonus Program, Recreational 
Trail, Safe Routes to School, Coordinated Border Infrastructure, and 
the Metropolitan Planning programs--relegated them to a second-tier 
status, and denies them the opportunity to receive additional funding 
during the extension period and weakens their standing during the

[[Page H1556]]

long-term authorization. That is wrong.
  I explained it to Senator Reid. He fully understood it. I proposed an 
exchange of letters, which he did, and he said, ``We will agree to the 
adjustment,'' as proposed in the formula that I set forth and which I 
will include in the Record at this point, including the exchange of 
letters with Senator Reid in our committee summary explanation of this 
provision.

  HIGHWAY AND BRIDGE FORMULA FUNDING BY STATE UNDER SURFACE TRANSPORTATION EXTENSION ACTS, HIRE ACT VS. SURFACE
                             TRANSPORTATION MODIFICATION ACT OF 2010, MARCH 17, 2010
  [37 States Fare Better under the Surface Transportation Modification Act of 2010; 14 States Fare Better under
                                                  the HIRE Act]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Increase
                                                                                    Surface         (decrease)
                                                                                Transportation    under Surface
                           State                               HIRE Act \1\    Modification Act   Transportation
                                                                                      \2\          Modification
                                                                                                       Act
----------------------------------------------------------------------------------------------------------------
Alabama....................................................    $1,160,135,018    $1,178,768,813      $18,633,795
Alaska.....................................................       698,820,601       702,234,406        3,413,805
Arizona....................................................     1,119,833,846     1,137,317,569       17,483,723
Arkansas...................................................       780,938,283       757,601,098     (23,337,185)
California.................................................     5,540,834,984     5,348,478,144    (192,356,840)
Colorado...................................................       808,562,089       808,216,244        (345,845)
Connecticut................................................       771,124,583       774,468,106        3,343,523
Delaware...................................................       254,115,413       258,166,183        4,050,770
Dist. of Col...............................................       241,637,283       226,506,326     (15,130,958)
Florida....................................................     2,901,459,068     2,948,516,502       47,057,434
Georgia....................................................     1,990,475,595     2,022,248,870       31,773,275
Hawaii.....................................................       258,011,916       262,133,940        4,122,024
Idaho......................................................       436,473,412       443,558,991        7,085,579
Illinois...................................................     2,133,468,322     2,014,527,598    (118,940,724)
Indiana....................................................     1,454,478,215     1,473,826,863       19,348,649
Iowa.......................................................       721,928,309       731,252,426        9,324,118
Kansas.....................................................       582,189,917       591,518,358        9,328,441
Kentucky...................................................     1,012,890,986     1,027,305,950       14,414,964
Louisiana..................................................     1,045,633,419     1,002,664,600     (42,968,819)
Maine......................................................       280,240,625       284,757,226        4,516,601
Maryland...................................................       918,077,359       930,393,685       12,316,326
Massachusetts..............................................       935,232,711       950,187,222       14,954,511
Michigan...................................................     1,628,896,250     1,649,577,451       20,681,201
Minnesota..................................................       969,838,993       960,370,670      (9,468,323)
Mississippi................................................       730,280,701       740,066,612        9,785,911
Missouri...................................................     1,422,349,455     1,444,428,478       22,079,023
Montana....................................................       595,326,967       604,421,087        9,094,120
Nebraska...................................................       439,714,255       446,827,117        7,112,863
Nevada.....................................................       509,981,437       517,716,094        7,734,658
New Hampshire..............................................       255,499,273       259,619,857        4,120,584
New Jersey.................................................     1,522,180,325     1,521,313,478        (866,848)
New Mexico.................................................       558,845,157       564,388,783        5,543,626
New York...................................................     2,585,021,983     2,601,114,874       16,092,891
North Carolina.............................................     1,597,585,980     1,623,405,549       25,819,569
North Dakota...............................................       376,542,187       382,541,944        5,999,758
Ohio.......................................................     2,046,630,272     2,071,931,711       25,301,439
Oklahoma...................................................       958,778,621       936,700,103     (22,078,518)
Oregon.....................................................       745,775,067       717,111,735     (28,663,333)
Pennsylvania...............................................     2,533,737,942     2,561,421,751       27,683,809
Rhode Island...............................................       328,209,791       333,303,797        5,094,006
South Carolina.............................................       960,038,143       962,956,224        2,918,081
South Dakota...............................................       423,697,858       430,371,013        6,673,155
Tennessee..................................................     1,286,665,098     1,280,356,104      (6,308,994)
Texas......................................................     4,835,326,374     4,912,212,474       76,886,100
Utah.......................................................       482,941,887       490,736,905        7,795,018
Vermont....................................................       299,846,556       304,031,221        4,184,665
Virginia...................................................     1,550,364,905     1,538,365,476     (11,999,429)
Washington.................................................     1,021,098,782       981,828,852     (39,269,930)
West Virginia..............................................       660,653,936       651,000,745      (9,653,191)
Wisconsin..................................................     1,135,046,618     1,138,278,090        3,231,471
Wyoming....................................................       389,303,475       395,692,926        6,389,451
                                                            ----------------------------------------------------
    Total..................................................    58,896,740,240    58,896,740,240                0
----------------------------------------------------------------------------------------------------------------
\1\ The Surface Transportation Extension Act of 2010, title IV of H.R. 2847, the ``Hiring Incentives to Restore
  Employment Act'' (HIRE Act).
\2\ The Surface Transportation Modification Act of 2010, section 9 of H.R. 4853, the ``Federal Aviation
  Administration Extension Act of 2010'', implementing the February 26, 2010 written agreement among Senate
  Majority Leader Harry Reid, Speaker Nancy Pelosi, and Chairman James L. Oberstar.
This table was prepared by the Committee on Transportation and Infrastructure Majority staff based on technical
  assistance provided by the Federal Highway Administration.

                                                  U.S. Senate,

                                Washington, DC, February 26, 2010.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives, The Capitol, Washington, 
         DC.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
       Dear Madam Speaker and Mr. Chairman: Thank you for your 
     cooperation in facilitating the House passage of the H.R. 
     2847, the ``Hiring Incentives to Restore Employment Act'', 
     passed by the Senate on February 24, 2010. I appreciate your 
     concern that the urgency of passage of the legislation did 
     not allow time for a Conference Committee or other 
     discussions to reconcile surface transportation extension act 
     differences between the Senate-passed amendment (Title IV) 
     and the House-passed bill, the ``Jobs for Main Street Act'' 
     (Title II of H.R. 2847).
       To accommodate House concerns with Title IV, the ``Surface 
     Transportation Extension Act of 2010'', of the Senate-passed 
     amendment, we have reached agreement on the following changes 
     to H.R. 2847:
       1. Distribute the Projects of National and Regional 
     Significance (PNRS) and National Corridor Infrastructure 
     Improvement (Corridor) program funding among all States based 
     on each State's share of fiscal year 2009 highway apportioned 
     funds rather than to only 29 States that had PNRS and 
     Corridor projects under the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (SAFETEA-LU).
       2. Distribute ``additional'' highway formula funds (which 
     the bill makes available in lieu of additional 
     Congressionally-designated projects) among all of the highway 
     formula programs rather than among just six formula programs.
       I pledge to you that I will make every effort to include 
     these provisions in the next Jobs bill passed by the Senate, 
     which we hope to accomplish in the next few weeks. I have 
     attached legislative language to accomplish these changes.
       I will also join you in requesting that the Federal Highway 
     Administration not apportion the PNRS and Corridor funding to 
     States until Congress has passed this corrective legislation.
       Thank you for your consideration.
           Sincerely,
                                                       Harry Reid,
     Majority Leader.
                                  ____


 Committee on Transportation and Infrastructure, Summary of H.R. 4853, 
 the ``Federal Aviation Administration Extension Act of 2010'', March 
                                17, 2010


                               BACKGROUND

       The most recent long-term Federal Aviation Administration 
     (FAA) reauthorization act, Vision 100--Century of Aviation 
     Reauthorization Act (P.L. 108-176), expired September 30, 
     2007. Work in the House to reauthorize the FAA culminated 
     most recently with the passage of H.R. 915, the ``FAA 
     Reauthorization Act of 2009'', on May 21, 2009. To date, the 
     Senate has not completed action on a long-term FAA 
     reauthorization bill.
       In the meantime, pending completion of a long-term 
     reauthorization bill, Congress has passed a series of short-
     term acts extending the FAA's authority. The current FAA 
     extension act expires on March 31, 2010.
       Separately, on February 25, 2010, the Senate passed H.R. 
     2847, the ``Hiring Incentives to Restore Employment Act'' 
     (HIRE Act), with an amendment. The HIRE Act includes an 
     extension of highway, highway and motor carrier safety, and 
     public transit programs through December 31, 2010. It also 
     includes a number of provisions that raised concerns for 
     Members of the House. The House was able to address some of 
     these provisions (e.g., PAYGO costs) through amendments at 
     that time. However, the urgent need to pass the legislation 
     did not allow sufficient time to resolve two major 
     differences between the surface transportation extension 
     title of the HIRE Act and the surface transportation 
     extension passed by the House on December 16, 2009, as part 
     of H.R. 2847, the ``Jobs for Main Street Act'':
       1. the treatment of Projects of National and Regional 
     Significance and the National Corridor Infrastructure 
     Improvement programs; and
       2. the programmatic distribution of additional formula 
     funds provided to States in lieu of additional 
     Congressionally-designated project funding.
       First, the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
     (P.L. 109-59) established two major discretionary programs: 
     the Projects of National and Regional Significance (PNRS) and 
     National Corridor Infrastructure Improvement (National 
     Corridor) programs. Although the programs were designed as 
     competitive, discretionary programs, during deliberations on 
     the bill in 2005, the Conference Committee decided to 
     designate individual projects under each program. The HIRE 
     Act extends funding for these two programs, providing a total 
     of $932 million for the PNRS and National Corridor programs 
     over a 15-month period (October 1, 2009 through December 31, 
     2010). This approach distributes these funds only to States 
     that had earmarks under these programs in SAFETEA-LU--with 
     four States receiving 58 percent of the funding and 22 States 
     receiving nothing. This provision would create a permanent 
     windfall for these four States, and would unfairly skew the 
     highway formulas.
       Second, in fiscal years (FY) 2005 through 2009, SAFETEA-LU 
     included Congressionally-designated projects under several 
     discretionary programs (e.g., House and Senate 
     Congressionally-designated projects under the High Priority 
     Projects and Transportation Improvements programs). The HIRE 
     Act extends funding for these programs, but does not include 
     any earmarks during the extension period. Instead, it 
     provides each State with an amount equal to its FY 2009 
     Congressionally-designated projects under these discretionary 
     programs and distributes those additional funds through six 
     existing State highway formula programs.
       H.R. 2847, the ``Jobs for Main Street Act'', as passed by 
     the House, would have distributed the additional funding 
     through all of the 13 current State highway formula programs: 
     Interstate Maintenance, National Highway System, Highway 
     Bridge, Surface Transportation Program, Highway Safety 
     Improvement Program, Congestion Mitigation and Air Quality 
     Improvement, Metropolitan Planning, Equity Bonus, Appalachian 
     Development Highway System, Recreational Trails, Safe Routes 
     to School, Rail-Highway Grade Crossing, and Coordinated 
     Border Infrastructure programs. By limiting the distribution 
     of the additional funding through only six highway formula 
     programs, the HIRE Act essentially designates seven 
     programs--the Appalachian Development Highway System, Rail-
     Highway Grade Crossing, Equity Bonus, Recreational Trails, 
     Safe Routes to School, Coordinated Border Infrastructure, and 
     Metropolitan Planning programs--as ``second-tier'' programs, 
     denying them the opportunity to receive additional funding 
     during the extension period and weakening their standing 
     during the ongoing authorization process.
       On February 26, 2010, to accommodate House concerns with 
     Title IV, the ``Surface Transportation Extension Act of 
     2010'', Senate Majority Leader Harry Reid, Speaker Nancy 
     Pelosi, and Chairman James L. Oberstar reached agreement on 
     the following changes to the HIRE Act in future legislation:
       1. Distribute the PNRS and National Corridor program 
     funding among all States based on each State's share of FY 
     2009 highway apportioned funds rather than to only 29 States 
     that had PNRS and National Corridor projects under SAFETEA-
     LU.
       2. Distribute ``additional'' highway formula funds (which 
     the bill makes available in lieu of additional 
     Congressionally-designated projects) among all of the highway

[[Page H1557]]

     formula programs rather than among just six formula programs.
       On the strength of this commitment, on March 4, 2010, the 
     House passed the HIRE Act. The Senate is expected to vote on 
     final passage of the HIRE Act on March 17, 2010.


H.R.4853, THE ``FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010''

       H.R. 4853, the ``Federal Aviation Administration Extension 
     Act of 2010'', extends FAA programs for three months and 
     modifies the previously-described surface transportation 
     provisions of the HIRE Act.


                          AVIATION PROVISIONS

       H.R. 4853 extends the FAA's aviation programs and taxes for 
     three months, through July 3, 2010. Aside from covering the 
     FAA's funding needs through July 3 and making appropriate 
     adjustments to amounts, the FAA provisions do not differ 
     substantially from prior three-month extension bills.
       H.R. 4853 provides $3 billion in contract authority for the 
     Airport Improvement Program (AIP) from October 1, 2009, until 
     July 3, 2010. These funds will enable airports to move 
     forward with important safety and capacity projects. This 
     level of AIP funding, when annualized, is $4 billion, which 
     is consistent with AIP funding authorizations in both H.R. 
     915 and the pending Senate FAA reauthorization bill, as well 
     as 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. Specifically, H.R. 4853 
     authorizes, for the period between October 1, 2009, and July 
     3, 2010, $7 billion for FAA Operations, $2.2 billion for F&E, 
     and $144 million for RE&D. When annualized, these authorized 
     funding levels equal the FY 2010 enacted funding levels that 
     have already been provided for these programs by the 
     Transportation, Housing and Urban Development, and Related 
     Agencies Appropriations Act, 2010 (division A of P.L. 111-
     117)
       In addition, the bill extends aviation excise taxes until 
     July 3, 2010. These taxes are necessary to support the 
     Airport and Airways Trust Fund, which funds a substantial 
     portion of the FAA's budget. The Trust Fund's uncommitted 
     cash balance was only $299 million at the end of FY 2009, and 
     any lapse in aviation taxes could put the solvency of the 
     Trust Fund at risk.


                   SURFACE TRANSPORTATION PROVISIONS

       Section 9 of H.R. 4853 amends the HIRE Act in keeping with 
     Majority Leader Reid's February 26, 2010 commitment, 
     resolving House concerns with the HIRE Act's distribution of 
     highway funding.
       Regarding the treatment of PNRS and National Corridor 
     programs, section 9 of H.R. 4853 amends the HIRE Act to 
     achieve a compromise between the initial House and Senate 
     positions. Under this compromise, the $932 million will be 
     distributed among all States, rather than just the 29 States 
     that had PNRS and National Corridor projects under SAFETEA-
     LU. The funds will be distributed based on each State's share 
     of FY 2009 highway apportioned funds.
       Regarding the programmatic distribution of additional 
     formula funds provided to States in lieu of additional 
     Congressionally-designated funding, section 9 amends the HIRE 
     Act to distribute the additional formula funds through all 13 
     current State highway formula programs.

  Today's action keeps faith with the House, permits Senator Reid to 
keep his commitment, which he has done. He has cleared this language 
with the relevant Members of the other body, and I am confident we will 
correct this invasive mistake and raid on the highway trust fund with 
passage of this legislation we will move today through the House and I 
expect, very quickly, similarly, through the other body.
  I very much appreciate the cooperation Majority Leader Reid, Speaker 
Pelosi, the members of our committee, including my good friend Mr. Mica 
who has been a partner in shaping this language as we moved along, and 
Mr. Costello for adding this to the very important extension of the 
aviation authorization.
  Mr. PETRI. I yield such time as he may consume to the ranking 
minority member of the full committee, my colleague from Florida, 
Representative John Mica.
  Mr. MICA. I thank the gentleman for yielding.
  I am pleased to rise in support of this legislation, which would 
provide a 3-month extension for the operations of the Federal Aviation 
Administration.
  This is kind of interesting. I think just for the record, Madam 
Speaker, and also for the benefit of our colleagues who may be 
listening or their staff trying to figure out what is going on, Madam 
Speaker, this is in fact the 12th extension of the FAA reauthorization.
  I was the chairman back in 2001 and through the next 6 years, and my 
leadership I think is looking better and better every week and every 
month now.
  I introduced the current bill that has been extended--today will be 
the 12th time--May 15 in 2003. It actually was agreed to in conference 
on November 21, 2003, and it was signed by the President on December 
12, 2003. So I got it done in 6 months. Not record speed, but pretty 
good speed.
  My bill has been in effect for about 7 years, I think the longest FAA 
authorization in history. I am quite proud of it, but in fact even my 
legislation does need improvement. We do need an update in policy for 
running the FAA. We need definition and delineation of projects which 
are authorized, including the important next generation getting the 
best technical equipment, going from a ground-based system to 
satellites, and getting better utilization out of our air space, and 
also using less fuel and more efficient utilization of our important 
airports. But, again, I think it is incredible that we are on the 12th 
extension with the passage of this, but it must be done.
  The other body continues to belabor this particular bill. We are 
hoping for the best and that it does come out, and that we do have new 
language for the country and for the operation of our Federal Aviation 
Administration.
  What is sad, too, is, again, I think if you look at the 3 years that 
the other side has controlled this Chamber, and this was pointed out 
again in a meeting that we had with some of the former TSA 
administrators, the turnover in personnel, not only in TSA and failure 
to replace the Transportation Security Administration leader, but also 
in the FAA. We had seen turnover in the FAA administrator's position 
when I came to Congress some 18 years ago. We reached a bipartisan 
accord and agreement to have a 5-year appointment of an FAA 
administrator, and that would transcend a Presidential term.
  We had two great administrators. One appointed by President Clinton, 
served for 5 years, Jane Garvey; and then we had one appointed by 
President Bush for 5 years, Marion Blakey, and she did an outstanding 
job.
  And then what did we have? We had a period for an acting 
administrator, and the other side held him up, demeaned him. While he 
served in the position, we had a vacancy with an FAA administrator for 
over 1 year, and we didn't adhere to the bipartisan agreement to keep 
FAA out of politics and keep it with sound continuous administration. 
So I am disappointed in that fact.
  Then, again, Madam Speaker, and for those Members that are listening, 
people are wondering what we are doing here on adjusting the jobs bill 
that just passed the Senate, I am told, today.
  In that bill, as you may recall, and I offer this particular exhibit 
to the Record, it showed that with the extension through the end of 
December, the other body in fact denied 22 States payment and gave 58 
percent of payment for one of our largest portions and designations of 
funding to four States. One was, of course, California; another one was 
Illinois, surprise; the State of Washington, another surprise; and then 
the Louisiana Purchase at the end.
  But, Mr. Oberstar, I will say I have to compliment him. He did get an 
agreement, and he got the correction in this legislation so it is 
something we can all vote for. We can now equitably distribute the 
money to all 50 States.
  There was a proposal to give it to the Secretary of Transportation. 
Now, I have been there and done that with the Secretary. I didn't like 
that proposal, because just several weeks before this fiasco took 
place, we distributed $1.5 billion worth of stimulus funds to our 
economically job-disadvantaged States. And my State of Florida, seventh 
in the Nation with now 11.8 percent unemployment, they ended up getting 
zero, with discretionary money being distributed to again supposedly 
States that were hurting, and Florida is number seven of the top 10 in 
unemployment. So I wasn't a big fan of having the Secretary distribute 
that money.
  I think what we have done here, which I suggested to the chairman and 
to the other side, was a fair distribution. Everyone knows what the 
distribution formula is; everyone will be treated equitably and fairly. 
So I am pleased to support both the FAA extension and then the 
correction and proper distribution of highway trust funds.
  Now, this takes us only, folks, through December of this year. I know 
it is confusing because we are on a 30-

[[Page H1558]]

day highway extension because we haven't done a highway and 
transportation major rewrite of the TEA-legislation, but it will take 
us through the end of the year.
  That is somewhat good news, but it is also bad news because States 
cannot plan beyond the end of the year. That means that we can't get 
people working beyond the end of the year. That means that we can't 
make commitments for improving our Nation's infrastructure and probably 
the biggest programs that we could do as far as this Congress in 
employing people.
  So I am disappointed that the administration failed to support Mr. 
Oberstar, my chairman, on a 6-year authorization. At a time we needed 
to do it, they recommended an 18-month. And what have we got here? We 
have got until December, and leaving everyone at bay, people without 
work, States not knowing what to do after the end of this year.
  So we have to do this. We have to get the extension as long as we can 
get it. Right now the other side is saying until December. I am 
disappointed in that. We have to straighten out the formula. And then 
we have to extend the FAA bill, and I am so pleased that we are 
extending my FAA bill, which, wasn't, I must say in closing, a bad 
piece of work.

                              {time}  1600

  Mr. PETRI. I have no further requests for time, and I yield back the 
balance of my time.
  Mr. COSTELLO. Madam Speaker, I have no further requests for time. I 
ask my colleagues to support the legislation, and I yield back the 
balance of my time.
  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. 4853.
  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.

                          ____________________