[Congressional Record Volume 156, Number 61 (Wednesday, April 28, 2010)]
[House]
[Pages H2950-H2952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AIRPORT AND AIRWAY EXTENSION ACT OF 2010

  Mr. COSTELLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5147) 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. 5147

       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 ``Airport and Airway 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 
     ``April 30, 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 ``April 
     30, 2010'' and inserting ``July 3, 2010''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``April 30, 2010'' and inserting 
     ``July 3, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on May 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 ``May 1, 2010'' and inserting ``July 4, 
     2010''; and
       (2) by inserting ``or the Airport and Airway 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 ``May 1, 2010'' and 
     inserting ``July 4, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on May 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) Availability of amounts.--Sums made available pursuant 
     to the amendment made by paragraph (1) 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 17 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 ``April 30, 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 ``May 1, 2010.'' and inserting ``July 4, 
     2010.''.
       (b) Section 44302(f)(1) of such title is amended--
       (1) by striking ``April 30, 2010,'' and inserting ``July 3, 
     2010,''; and
       (2) by striking ``July 31, 2010,'' and inserting 
     ``September 30, 2010,''.
       (c) Section 44303(b) of such title is amended by striking 
     ``July 31, 2010,'' and inserting ``September 30, 2010,''.
       (d) Section 47107(s)(3) of such title is amended by 
     striking ``May 1, 2010.'' and inserting ``July 4, 2010.''.
       (e) Section 47115(j) of such title is amended by striking 
     ``May 1, 2010,'' and inserting ``July 4, 2010,''.
       (f) Section 47141(f) of such title is amended by striking 
     ``April 30, 2010.'' and inserting ``July 3, 2010.''.
       (g) Section 49108 of such title is amended by striking 
     ``April 30, 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 ``May 1, 2010,'' and inserting ``July 4, 2010,''.
       (i) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``May 1, 2010,'' and inserting ``July 4, 2010,''.
       (j) The amendments made by this section shall take effect 
     on May 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.''.

     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.''.

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


                             General Leave

  Mr. COSTELLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 5147.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5147, the Airport and Airway 
Extension Act of 2010. I want to thank Chairman Oberstar and Ranking 
Member Mica, as well as Mr. Petri for working with me to bring this 
bill to the floor today.
  In both the 110th and 111th Congresses, the House passed 
comprehensive legislation to reauthorize the FAA and to provide for 
much-needed modernization of our aviation system. Last month, the other 
body passed its own FAA reauthorization bill. We look forward to the 
completion of a final comprehensive bill, and are in the process of 
working out the differences in both legislation to reconcile and bring 
a conference report to the floor.
  However, the airport and airways trust fund will expire on April 30, 
2010, and the bill before us today is needed to extend the aviation 
taxes and expenditure authority, and the airport improvement program 
contract authority until July 3, 2010.
  Specifically, H.R. 5147 provides $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 Senate reauthorization 
bills, as well as the fiscal year 2010 concurrent budget resolution.
  These additional funds will allow airports to continue critical 
safety capacity enhancement projects. Additionally, the bill provides 
$7 billion for the 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 AIP figures equal the 
funding levels passed in the Transportation, Housing and Urban 
Development, and Related Agencies Appropriation Act of 2010. In 
addition, aviation excise taxes will also be extended through July 3,

[[Page H2951]]

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 ensure that our 
aviation system is not disrupted and continues to function safely. I 
urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  In May of last year, the House passed H.R. 915, the FAA 
Reauthorization Act of 2009. Last month, the Senate passed its own FAA 
reauthorization bill which the House took up, amended and passed, and 
sent back to the Senate. While a conference has not been called, staff 
from both Chambers have begun informal discussions to reconcile the two 
versions of bill.
  This process will take time, and 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. 5147 would extend the taxes, programs, and funding of the FAA to 
July 3 of this year. This bill provides just over $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.
  This bill will ensure that our national airspace system continues to 
operate and that the FAA continues to fund important airport projects 
while the Congress completes action on a final reauthorization bill.
  Mr. Speaker, I would now like to yield such time as he may consume to 
the senior Republican on the Public Works and Transportation 
Subcommittee, the gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker, I thank Mr. Petri, our ranking member on the 
Aviation Subcommittee, for yielding me this time. I am pleased also to 
recognize the fine work of the current chair of the Aviation 
Subcommittee, Mr. Costello and our chair of the full committee, Mr. 
Oberstar.
  I am here today, Mr. Speaker and my colleagues, and folks, you 
haven't tuned in here to the comedy hour. In fact, it is almost sort of 
a sad time. It almost seems like a bit of a sad comedy that we are back 
here for the 15th time extending FAA authorization, authorization for 
all of the policy, Federal programs that deal with aviation, the 15th 
time, and this is the 13th extension.
  Mr. Petri is the ranking member of aviation, Mr. Costello the current 
chair. When I came to Congress, Mr. Oberstar was the chair of the 
Aviation Subcommittee and I was in the minority but a member of the 
committee. From 2001 to 2008, I was the chairman of the Aviation 
Subcommittee. In fact, in 2003, I wrote the current FAA authorization 
that has been extended some 13 times with the passage of this today. I 
know I did a great job and a thorough job, but I never intended it to 
last on and on. And it wasn't intended to last on and on. At that time 
we did a 4-year bill. We set the policies, the projects. We set all of 
the safety criteria for aviation in the country.
  But what particularly burns me right now is we have a commuter 
aviation safety piece of legislation that we intend to incorporate in 
this extension. We have had it done for some time. We worked in a 
bipartisan fashion; and that sits idle. We sat down in a bipartisan 
fashion after we had a number of disastrous commuter flights, one up in 
New York, and our heart aches for those families who have suffered the 
loss of a loved one. We had a responsibility to pass that legislation; 
and that legislation, which is part of the extension, is still sitting 
today undone. But again, 15 times we have been here. This is the 13th 
extension. This goes on to July of a bill that I authored back in 2003 
that expired in 2007.

                              {time}  1115

  And it couldn't come at a worse time for the economy. We need in 
place that policy. We need the funding formula in place. We need the 
ability to move and expand our airports which are our main 
transportation hub of today and the future.
  The modernization of the air traffic control system and the 
provisions that we put in this to move that forward are also stalled, 
it's called NextGen, next-generation air traffic control. This is very 
sad. When you stop and think about it, 11 percent of the economy of the 
United States of America deals around the aviation industry. This is 
big business, it's big jobs, and, unfortunately it's stalled. And 
that's sad.
  I'm not here to point fingers. The House has done due diligence. The 
other body continues to work on the measure. They've made some progress 
of late. There are some issues in here, one that's called the FedEx 
provision, which does expand some unionization provisions if it is 
passed. Quite frankly, the Senate has said that provision is not going 
to be accepted. Many on the House oppose this on both sides of the 
aisle. Let's take the controversial things, put them aside, and move 
forward with the bill.
  Foreign repair stations. We cannot abrogate our obligations under 
international treaties. We can't leave planes in some foreign location 
without the ability to repair them. So we have to have a reasonable 
standard and an internationally coherent and internationally compliant 
way to proceed for repair stations. Those controversial provisions need 
to be put aside.
  Move forward. People are crying out for jobs in this country, and one 
of the best employers that we have in this Nation is the aviation 
industry. It pays some of the highest salaries, and we have the 
potential for expanding that. When you expand aviation, you enter 
global markets with such ease today, but we are leaving that behind. So 
I am, indeed, deeply saddened that we are not at a point where we are 
passing this.
  Now, I ask Members to support this extension, the 13th extension. 
This is a very embarrassing moment for the Congress, and I'm sad that 
our work is not done.
  Mr. PETRI. Mr. Speaker, I urge my colleagues to support H.R. 5147, 
and I yield back the balance of my time.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me concur with the remarks of the ranking member of 
the full committee, Mr. Mica, and Mr. Petri in his statement. I do want 
to make it clear, though, that in this House we have done our job, both 
in 2007 and in 2009. The committee, and also the full House, passed the 
reauthorization bill; and on both occasions, in 2007 and 2009, we sent 
it over to the Senate and waited for the other body to act. 
Unfortunately, the other body did not act until recently, and as I said 
in my opening remarks, we are negotiating with them now to resolve our 
differences so that we can bring a bill to the floor in order to get it 
to the President.
  Mr. Mica is right about the Airline Pilot and Safety Act as well. We 
did pass that legislation both in the committee and the House. It was a 
bipartisan bill. It is urgently needed. It is a part of the 
reauthorization process. And, again, it is my hope that we can work out 
our differences and quickly bring a conference report to the floor. I 
urge my colleagues to support this legislation.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 5147, the 
``Airport and Airway Extension Act of 2010''.
  H.R. 5147 ensures that aviation programs, taxes, and Airport and 
Airway Trust Fund expenditure authority will continue without 
interruption, pending completion of a long-term Federal Aviation 
Administration, FAA, reauthorization act.
  The most recent long-term FAA reauthorization act, the Vision 100--
Century of Aviation Reauthorization Act, P.L. 108-176, expired on 
September 30, 2007. The House passed an FAA reauthorization bill during 
the 110th Congress, and again last year. I am pleased that the Senate 
passed its own comprehensive reauthorization bill last month, and I 
look forward to the passage of final legislation that will provide for 
the modernization of our aviation system and reauthorize the FAA over 
the long term.
  We must ensure in the meantime that the FAA's programs and authority 
do not lapse.

[[Page H2952]]

Accordingly, H.R. 5147 is the latest short-term extension act. It 
ensures continuity of funding and program authority beyond April 30, 
2010, when the FAA's current extension expires. H.R. 5147 provides a 
two-month extension of aviation programs, through July 3, 2010.
  I thank my Committee colleagues--especially Ranking Member Mica, 
Aviation Subcommittee Chairman Costello, and Aviation Subcommittee 
Ranking Member Petri--as well as Ways and Means Committee Chairman 
Levin and Ranking Member Camp for working with me on this critical 
legislation.
  I strongly urge my colleagues to join me in supporting H.R. 5147.
  Mr. COSTELLO. 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 Illinois (Mr. Costello) that the House suspend the rules 
and pass the bill, H.R. 5147.
  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.

                          ____________________