[Congressional Record Volume 156, Number 129 (Thursday, September 23, 2010)]
[House]
[Pages H6943-H6945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AIRPORT AND AIRWAY EXTENSION ACT OF 2010, PART III

  Mr. LEWIS of Georgia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 6190) 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 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. 6190

       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, Part III''.

     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, 2010'' and inserting ``December 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 
     ``September 30, 2010'' and inserting ``December 31, 2010''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``September 30, 2010'' and 
     inserting ``December 31, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 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 ``October 1, 2010'' and inserting ``January 
     1, 2011''; and
       (2) by inserting ``or the Airport and Airway Extension Act 
     of 2010, Part III'' 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, 2010'' and 
     inserting ``January 1, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2010.

     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 (6);
       (B) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (C) by inserting after paragraph (7) the following:
       ``(8) $925,000,000 for the 3-month period beginning on 
     October 1, 2010.''.
       (2) Obligation of amounts.--Subject to limitations 
     specified in advance in appropriation Acts, sums made 
     available pursuant to the amendment made by paragraph (1) may 
     be obligated at any time through September 30, 2011, and 
     shall remain available until expended.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``September 30, 2010,'' and 
     inserting ``December 31, 2010,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``October 1, 2010.'' and inserting 
     ``January 1, 2011.''.
       (b) Section 41743(e)(2) of such title is amended by 
     striking ``2010'' and inserting ``2011''.
       (c) Section 44302(f)(1) of such title is amended--
       (1) by striking ``September 30, 2010,'' and inserting 
     ``December 31, 2010,''; and
       (2) by striking ``December 31, 2010,'' and inserting 
     ``March 31, 2011,''.
       (d) Section 44303(b) of such title is amended by striking 
     ``December 31, 2010,'' and inserting ``March 31, 2011,''.
       (e) Section 47107(s)(3) of such title is amended by 
     striking ``October 1, 2010.'' and inserting ``January 1, 
     2011.''.
       (f) Section 47115(j) of such title is amended by inserting 
     ``and for the portion of fiscal year 2011 ending before 
     January 1, 2011,'' after ``2010,''.
       (g) Section 47141(f) of such title is amended by striking 
     ``September 30, 2010.'' and inserting ``December 31, 2010.''.
       (h) Section 49108 of such title is amended by striking 
     ``September 30, 2010,'' and inserting ``December 31, 2010,''.
       (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 2011 ending 
     before January 1, 2011,'' after ``fiscal year 2009 or 2010''.
       (j) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by inserting ``and for the portion of fiscal year 2011 ending 
     before January 1, 2011,'' after ``October 1, 2010,''.
       (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is 
     amended by striking ``September 30, 2010.'' and inserting 
     ``September 30, 2011.''.
       (l) The amendments made by this section shall take effect 
     on October 1, 2010.

     SEC. 6. TECHNICAL CORRECTIONS.

       Effective as of August 1, 2010, and as if included therein 
     as enacted, the Airline Safety and Federal Aviation 
     Administration Extension Act of 2010 (Public Law 111-216) is 
     amended as follows:
       (1) In section 202(a) (124 Stat. 2351) by inserting ``of 
     title 49, United States Code,'' before ``is amended''.
       (2) In section 202(b) (124 Stat. 2351) by inserting ``of 
     such title'' before ``is amended''.
       (3) In section 203(c)(1) (124 Stat. 2356) by inserting ``of 
     such title'' before ``(as redesignated''.
       (4) In section 203(c)(2) (124 Stat. 2357) by inserting ``of 
     such title'' before ``(as redesignated''.

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


                             General Leave

  Mr. LEWIS of Georgia. Madam Speaker, I ask unanimous consent to give 
Members 5 legislative days to revise and extend their remarks on the 
bill, H.R. 6190.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. LEWIS of Georgia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in strong support of H.R. 6190, the Airport and 
Airway Extension Act, Part III. The Airport and Airway Trust Fund taxes 
and spending authority are scheduled to expire on September 30. This 
bill extends its authority through December 31, 2010, while we work 
together on a long-term solution.
  This extension is critical for our airports and communities across 
our country. Our aviation system is also key for our economy and jobs. 
For example, Hartsfield-Jackson Atlanta International Airport, located 
in my congressional district, is the busiest passenger airport in the 
world. Over 250,000 passengers travel through the airport each day. The 
Atlanta airport has a direct impact of more than $32 billion on 
Georgia's economy and employs almost 60,000 people throughout our 
State. Extending this authority provides the necessary revenue to 
maintain our Nation's airports and air traffic control system.
  Madam Speaker, I ask all of my colleagues to come together and 
support this very simple, commonsense, necessary legislation.
  I reserve the balance of my time.
  Mr. BOUSTANY. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. BOUSTANY asked and was given permission to revise and extend his 
remarks.)
  Mr. BOUSTANY. Madam Speaker, I rise in support of H.R. 6190.
  This is a straightforward bill to extend for 3 months, through 
December 31, the existing FAA authorization law, the excise taxes that 
support the Airport and Airway Trust Fund, and the trust fund's 
expenditure authorities. The current FAA authorization, as well as the 
excise taxes and spending authorities, are currently scheduled to 
expire on October 1.
  For the past several months, the House and Senate have been 
negotiating on a long-term FAA reauthorization bill, but those 
negotiations have not yet come to a close. This extension will give 
Congress additional time to try to resolve the differences between the 
Chambers' bills and to determine whether modifications to the financing 
structure of the Airport and Airway Trust Fund are appropriate.

[[Page H6944]]

  I would note, however, that because the majority has chosen to extend 
the FAA authority only through the end of the year, they are ensuring 
that Congress must return for a lame duck session to prevent the FAA 
authorization from expiring. Many of my colleagues on this side of the 
aisle have voiced legitimate concerns about the mischief that could be 
made in an extended lame duck session, with various pieces of must-pass 
legislation being held hostage to unpopular tax increases and spending 
increases that the majority might decide to postpone until after the 
election.

                              {time}  1550

  Despite this risk, it is important that we take the necessary steps 
to extend the current FAA authorization and its related excise taxes 
and expenditure authorities on a temporary basis, and I join with my 
colleagues across the aisle in support of this legislation.
  With that, I reserve the balance of my time.
  Mr. LEWIS of Georgia. Madam Speaker, I yield as much time as he may 
consume to the gentleman from Illinois, the chairman of the Aviation 
Subcommittee, Congressman Costello.
  Mr. COSTELLO. I thank my friend from Georgia (Mr. Lewis) for 
yielding.
  Madam Speaker, I rise in strong support of H.R. 6190, the Airport and 
Airway Extension Act of 2010, Part III. I want to thank Chairman 
Oberstar of the full Committee on Transportation and Infrastructure, 
Chairman Levin and Congressman Lewis of the Committee on Ways and Means 
for bringing this bill to the floor today.
  Two months ago, we passed bipartisan legislation, H.R. 5900, the 
Airline Safety and Federal Aviation Administration Extension Act of 
2010, which was signed into law. It included important airline safety 
and pilot training provisions from House passed H.R. 3371, the Airline 
Safety and Pilot Training Improvement Act of 2009. I am pleased that 
President Obama signed the legislation, H.R. 5900, into law, and I am 
proud of our efforts to work together in a bipartisan manner to produce 
the strongest aviation safety legislation in decades.
  In addition to the aviation safety provisions, H.R. 5900 included a 
clean extension of the FAA reauthorization bill until September 30. We 
passed another extension because the leaders in the other body said 
they could not reach an agreement with their members and they were at 
an impasse.
  We have reached consensus on the majority of the items from both 
bills and only a few issues remain which I believe can be worked out. 
It is unfortunate that we have reached this point after nearing the end 
of working through both of these bills.
  In the interest of keeping the FAA and the aviation transportation 
system operating safely, we cannot let this reauthorization expire on 
October 1. H.R. 6190 extends the FAA reauthorization through the end of 
the calendar year.
  There are many important provisions in the FAA reauthorization bill, 
such as binding arbitration for the air traffic controllers, addressing 
the consolidation and realignment of FAA facilities, and making 
investments in NextGen and the air traffic control modernization 
program. I am committed to passing a comprehensive FAA reauthorization 
bill next year so that we can provide stability to the FAA and our 
Nation's aviation system.
  With that, Madam Speaker, I urge support and ask my colleagues to 
vote for this legislation.
  Mr. BOUSTANY. Madam Speaker, I am now pleased to yield such time as 
he may consume to the gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. I thank my colleague from Louisiana.
  In May 2009, the House passed H.R. 915, the FAA Reauthorization Act 
of 2009. In March of this year, the Senate passed its own FAA 
reauthorization bill which the House took up, amended, passed and sent 
back to the Senate. Since that time, we have been in informal 
discussions to reconcile the two versions of the bill. While these 
discussions have led to tentative agreements on nearly all of the 
provisions, a few controversial issues have stalled progress on a final 
agreement. Therefore, with the FAA's authorities set to expire on 
September 30, we again find it necessary to consider another extension 
bill. Likes the 15 earlier extensions over the past 3 years, H.R. 6190 
would provide a short-term extension of the taxes, programs, and 
funding of the FAA, this time through the end of this year, 2010.
  I remain very disappointed that a few issues in the reauthorization 
package are holding up final agreement on a comprehensive FAA 
reauthorization bill. However, in order to ensure the safe operation of 
the national airspace system while Congress continues to debate a full 
reauthorization package, I support passage of today's extension.
  I urge my colleagues to support the resolution.
  Mr. LEWIS of Georgia. Madam Speaker, I yield as much time as he may 
consume to the gentleman from Minnesota, the hardworking chairman of 
the Transportation and Infrastructure Committee, Mr. Oberstar.
  Mr. OBERSTAR. I thank the gentleman for that very thoughtful comment. 
I consider myself hardworking. It's nice to have that affirmation from 
the gentleman who himself knows the value of, and puts in, hard work.
  Perhaps the best news this afternoon was the announcement we just 
heard from the other body that the Senate has passed, by consent, H.R. 
4853, the Airport and Airway Extension Act, with a substitute amendment 
carrying through the authorities through the end of this calendar year. 
That's good news. The unfortunate news that Mr. Costello has amply 
outlined and as Mr. Petri has also underscored is that the full 
authorization is still held up over disagreements in the other body. We 
passed this bill, we on the Committee on Transportation and 
Infrastructure under Mr. Costello's diligent leadership, by hard work, 
dozens of hearings and meetings and conferences and discussions to lead 
to the long-term authorization--then it was about $60 billion--
investing in the future of air traffic control, modernizing yet again. 
It's in a state of constant modernization. You can't say we do it once 
and then it's done. It's in a constant state of modernization. 
Resolving very thorny issues within the air traffic control workforce 
and the previous administration. We put all those together in a 
package, it passed the House and didn't pass the other body.
  And then there was a threat from the previous administration, well, 
if the bill in its present form reaches the President, he'll veto it. 
Nonetheless, we had a bipartisan effort. Mr. Mica, Mr. Petri, Mr. 
Costello and I and the representatives from the White House; the 
Secretary of Transportation, Ms. Peters; the head of the FAA. We met 
for days, week after week after week, to try to resolve the issue of 
controller pay, try to resolve a number of other issues that were in 
the bill. And, as we quaintly say in this body, we came to no 
resolution thereon.
  Now we're close. We're so very close. But there are just a couple of 
items that have nothing to do with the air traffic control system, 
nothing to do with the air traffic control workforce. This 
administration came in in January of last year and the first thing the 
President, the White House did, with the vigorous support of Mr. 
Costello and me, and I think even encouragement from Mr. Mica and Mr. 
Petri, settled the air traffic controller pay issue. That was the first 
thing they did. They tackled it head-on. They had a 95 percent support 
vote from the members of NATCA; and things are moving ahead. But now a 
dispute over whether one airline, who has the dominant position at 
National Airport, should have further dominance in long-haul service 
out of National Airport, that's got the other body all in a tangle.

                              {time}  1600

  We have not had a formal conference. We have not sat opposite face-
to-face to discuss options. There is a flat-out resistance in the other 
body to increasing the Passenger Facility Charge so that airports, at 
their discretion, may choose to raise that fee and generate the roughly 
$2 billion that the capacity facility charge generates to invest in 
modernization of the airport facilities, improve the terminals in the 
parking areas and the hard side of the airport, runways and taxiways 
and parking aprons. All that money goes directly into investments and 
creates jobs, economic opportunity.
  But they are hung up over there, just one person holding this and 
another

[[Page H6945]]

person holding something else and a third one holding something else 
and then have the secret holds and the hot holds and the threats of 
filibuster. The other body is just all tangled up in themselves. That's 
just an exasperating condition.
  I have seen this over 25 years, back to the time when I chaired the 
Aviation Subcommittee, but we were always able to work it out. I have 
never seen such a tangle like this.
  So I urge the other body to rise above themselves, get over these 
little petty differences, come to agreement in the greater good of this 
country. Aviation is 9 percent of the gross domestic product of the 
United States.
  Last year a billion people traveled by air worldwide, 750 million 
moved in the U.S. airspace. We account for three-fourths of all air 
travel worldwide. Every other nation in the world wants to get into the 
U.S. and wants to serve our constituents because it is such a lucrative 
market.
  But if we don't invest in the future and continuing the modernization 
of air traffic control, we are not going to be the leader in the world. 
That is what this legislation does. It lays down the charts, the path 
forward for continued modernization of the air traffic control system 
of the United States, which is the most robust in the world.
  So you might ask, well, why are we doing just this short-term 
extension through the end of the year? Because I am confident that 
sanity will prevail, that equity will abound in the other body, and 
they will find themselves, and they will come to agreement in the post-
election session, maybe before then, and then we could do the full, 4-
year authorization bill.
  So we must proceed on the course we have laid before you today.
  I thank my colleagues on the committee, Mr. Mica, Mr. Petri. Mr. 
Boustany, thank you, from Ways and Means, a refugee from the Committee 
on Transportation and Infrastructure who has, as has Mr. Lewis, also a 
graduate of the Committee on Transportation and Infrastructure, gone on 
to Ways and Means, where we still have the partnership. I am glad we 
are all together. At least on this side, we are all together moving in 
the right direction.
  Madam Speaker, I rise in strong support of H.R. 6190, the ``Airport 
and Airways Extension Act of 2010, Part III''. This bill ensures that 
aviation programs, taxes, and Airport and Airway Trust Fund expenditure 
authority will continue without interruption pending completion of 
long-term Federal Aviation Administration (FAA) reauthorization 
legislation. Because the long-term bill will not be completed before 
the current authority for aviation programs expires next week, H.R. 
6190 is needed to extend aviation programs, taxes, and expenditure 
authority for an additional three months, through December 31, 2010.
  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. Although the House passed an FAA reauthorization 
bill during the 110th Congress, and again last year, the Senate failed 
to act until March of this year. The FAA has, therefore, been operating 
under a series of short-term extension acts, the most recent of which 
expires on September 30, 2010.
  Since passage of the Senate bill in March, we have been working 
diligently to resolve the differences between the House and Senate 
bills. As it stands now, the negotiated bill would provide the aviation 
sector with the stability of a multi-year authorization, safety 
reforms, record-high capital investment levels, acceleration of the 
Next Generation Air Transportation System effort, and a passenger bill 
of rights. Moreover, a comprehensive multi-billion dollar FAA 
reauthorization would create tens of thousands of well paying aviation 
sector jobs.
  This would build upon the aviation investments funded by the American 
Recovery and Reinvestment Act of 2009. We know that Recovery Act 
aviation investments have been a tremendous success. Work is underway 
or completed on 758 aviation projects ($1.2 billion), representing 96 
percent of the total available Recovery Act aviation funds. Within this 
total, work is underway on 205 projects ($627 million), and work is 
completed on an additional 553 projects ($622 million). Aviation 
investments will result in 155 runway improvements at 139 airports that 
accommodate 11 million annual takeoffs/landings ($483 million); 83 
taxiway improvements at 78 airports that accommodate 8.1 million annual 
takeoffs/landings ($220 million); and 25 projects to modernize air 
route traffic control centers ($50 million). This record of success 
underscores the need to build upon these efforts and pass a long-term 
FAA reauthorization act.
  Unfortunately, since July, the FAA reauthorization bill has been hung 
up in the Senate, primarily over a provision that would significantly 
increase the number of long-distance flights at Washington National 
Airport. The Senate provision was included in neither the House-passed 
nor the Senate-passed FAA bill, and it is strongly opposed by Members 
of Congress and Senators who represent the Washington, D.C. 
metropolitan region. They argue it would create a burden on Washington 
National Airport by creating congestion at terminals and that it would 
siphon passengers away from Washington Dulles International Airport. I 
also have concerns that the provision, as written, would unduly benefit 
the dominant incumbent carrier at National Airport, US Airways.
  We will continue to work as hard as we can on behalf of the American 
public for a strong, comprehensive FAA reauthorization bill, which I 
still remain confident that we can deliver this Congress.
  Mr. BOUSTANY. I have no further requests for time, and I yield back 
the balance of my time.
  Mr. LEWIS of Georgia. Madam Speaker, I fully support H.R. 6190. I 
urge all of my colleagues on both sides of the aisle to vote ``yes'' 
for this important piece of legislation.
  Madam 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. 6190.
  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.

                          ____________________