[Congressional Record Volume 157, Number 43 (Tuesday, March 29, 2011)]
[House]
[Pages H1992-H1994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AIRPORT AND AIRWAY EXTENSION ACT OF 2011

  Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1079) 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. 1079

       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 2011''.

     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, 2011'' and inserting ``May 31, 2011''.
       (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, 2011'' and inserting ``May 31, 2011''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``March 31, 2011'' and inserting 
     ``May 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2011.

     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, 2011'' and inserting ``June 1, 
     2011''; and
       (2) by inserting ``or the Airport and Airway Extension Act 
     of 2011'' 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, 2011'' and 
     inserting ``June 1, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2011.

     SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103 of title 49, United States 
     Code, is amended by striking the 2 paragraphs designated as 
     paragraph (8) and inserting the following:
       ``(8) $2,466,666,667 for the 8-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.
       (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 8-month period beginning on October 1, 
     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 2011 were $3,700,000,000; and
       (B) then reduce by 20 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 ``March 31, 2011,'' and 
     inserting ``May 31, 2011,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``April 1, 2011.'' and inserting ``June 
     1, 2011.''.
       (b) Section 44302(f)(1) of such title is amended--
       (1) by striking ``March 31, 2011,'' and inserting ``May 31, 
     2011,''; and
       (2) by striking ``June 30, 2011,'' and inserting ``August 
     31, 2011,''.
       (c) Section 44303(b) of such title is amended by striking 
     ``June 30, 2011,'' and inserting ``August 31, 2011,''.
       (d) Section 47107(s)(3) of such title is amended by 
     striking ``April 1, 2011.'' and inserting ``June 1, 2011.''.
       (e) Section 47115(j) of such title is amended by striking 
     ``April 1, 2011,'' and inserting ``June 1, 2011,''.
       (f) Section 47141(f) of such title is amended by striking 
     ``March 31, 2011.'' and inserting ``May 31, 2011.''.
       (g) Section 49108 of such title is amended by striking 
     ``March 31, 2011,'' and inserting ``May 31, 2011,''.
       (h) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``April 1, 2011,'' and inserting ``June 1, 2011,''.
       (i) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``April 1, 2011,'' and inserting ``June 1, 
     2011,''.
       (j) The amendments made by this section shall take effect 
     on April 1, 2011.

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


                             General Leave

  Mr. PETRI. Mr. Speaker, I ask unanimous consent that all Members have 
5

[[Page H1993]]

legislative days in which to revise and extend their remarks and to 
include extraneous material on H.R. 1079.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. PETRI. Mr. Speaker, I would like to include in the Congressional 
Record the exchange of letters concerning H.R. 1079 between the 
Committee on Ways and Means and the Committee on Transportation and 
Infrastructure.

                                      Committee on Ways and Means,


                                     House of Representatives,

                                   Washington, DC, March 22, 2011.
     Hon. John Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         2165 Rayburn House Office Building, Washington, DC.
       Dear Chairman Mica: I am writing concerning H.R. 1079, the 
     ``Airport and Airway Extension Act of 2011,'' which is 
     expected to be scheduled for floor consideration the week of 
     March 28, 2011.
       As you know, the Committee on Ways and Means has 
     jurisdiction over the Internal Revenue Code. Sections 2 and 3 
     of this bill amend the Internal Revenue Code of 1986 by 
     extending the current Airport and Airway Trust Fund (AATF) 
     expenditure authority and the associated Federal excise taxes 
     to May 31, 2011. In order to expedite H.R. 1079 for Floor 
     consideration, the Committee will forgo action on the bill. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this or similar legislation. In that regard, I would note 
     that the Committee on Ways and Means recently favorably 
     reported H.R. 1034, the ``Airport and Airway Trust Fund 
     Financing Reauthorization Act of 2011,'' which would provide 
     a similar, but longer-term reauthorization, through September 
     30, 2014, of the AATF expenditure authority and associated 
     excise taxes.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 1079, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during Floor 
     consideration.
           Sincerely,
                                                        Dave Camp,
     Chairman.
                                  ____

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                   Washington, DC, March 23, 2011.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, 1102 Longworth House 
         Office Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     1079, the ``Airport and Airway Extension Act of 2011.'' The 
     Committee on Transportation and Infrastructure recognizes the 
     Committee on Ways and Means has a jurisdictional interest in 
     H.R. 1079, and I appreciate your effort to facilitate 
     consideration of this bill.
       I concur with you that forgoing action on H.R. 1079 does 
     not in any way prejudice the Committee on Ways and Means with 
     respect to its jurisdictional prerogatives on this bill or 
     similar legislation in the future, and I would support your 
     effort to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this 
     legislation.
       Finally, I appreciate your decision to forgo further 
     consideration on H.R. 1034, the ``Airport and Airway Trust 
     Fund Financing Reauthorization Act of 2011,'' which would 
     provide a longer-term reauthorization of the Airport and 
     Airway Trust Fund expenditure authority and associated excise 
     taxes. This bill was sequentially referred to the Committee 
     on Transportation and Infrastructure.
       I will include our letters on H.R. 1079 in the 
     Congressional Record during House Floor consideration of the 
     bill. Again, I appreciate your cooperation regarding this 
     legislation and I look forward to working with the Committee 
     on Ways and Means as the bill moves through the legislative 
     process.
           Sincerely,
                                                     John L. Mica,
                                                         Chairman.

  Mr. Speaker, I yield such time as he may consume to the principal 
author of the bill and the chairman of the Transportation Committee, 
our colleague from the State of Florida, John Mica.
  Mr. MICA. Mr. Speaker and my colleagues, this is an extension of what 
would be known as the ``aviation bill.'' I come before the House asking 
for one extension under the leadership of the new majority in Congress. 
I also come to the floor to explain the history of how we got here 
today with 17 extensions.
  In 2001, I had the honor and privilege of being named the chair of 
the Aviation Subcommittee. Not knowing what the future would hold, of 
course, all of our lives changed on September 11, 2001, and mine did, 
too.
  In 2003, we passed a 4-year authorization: The Federal Government 
must provide authorization and set the policy for the operation of our 
Nation's aviation system and for the FAA, which is the primary and lead 
agency. The bill that we passed in 2003 sets forth the policy and the 
funding for all the projects and everything eligible for Federal 
participation. It authorizes all the programs. When we did that again 
in 2003, we did a 4-year bill.
  In 2007, the bill that I helped author and that we brought before the 
Congress--again after the fateful days of 2001, after the tragedy, and 
again after the difficulty the aviation industry saw from 2001 to 
2003--the bill that expired in 2007, the 4-year bill, was extended some 
17 times. That is shameful and irresponsible that we find ourselves in 
a situation where we haven't passed policy.
  Now, why is this important?
  Most of the emphasis in this Congress should be on getting people 
back to work. If we have people working, most of our problems are 
solved. The States would have revenue, and the Federal Government would 
have revenue. Yet it's absolutely amazing, when you have the aviation 
industry, which accounts for 9.2 percent of our gross domestic product 
and activity in the United States--9.2 percent--that the Federal 
Government and Congress did not have in place a long-term policy and 
blueprint, which is set forth in that authorization legislation. So 17 
times we've come to the floor, and there have been these short-term 
extensions of the bill that we passed originally in 2003 and that 
expired in 2007. That's the situation we find ourselves in.
  Now, several weeks ago, we did pass in the Transportation and 
Infrastructure Committee a long-term 4-year bill. The Senate has acted, 
the other body, and they've passed a bill. If it had been just our 
committee, we probably could have had the bill up a little bit quicker, 
but we do rely on several other committees to add input into this 
process. We have the Science, Space, and Technology Committee, which 
just before we left last week completed their portion of the bill. We 
have the Ways and Means Committee, which also has part of the financial 
responsibility, the Ways and Means' responsibility, in the legislation 
for the extension, and they finished their work.
  We do need a little bit more time to come to conference, and I pledge 
an open conference. In the past, legislation has been decided behind 
closed doors. I hope this to be an open process. This extension will 
run us through May 31, I believe, of this year, the end of May, and it 
is my hope that the first bill that we can get done will be done with 
this one extension for, again, authorizing all of our aviation programs 
for the Nation.
  So that's the situation we find ourselves in. We need to pass this 
legislation because the current 17th extension expires at the end of 
this week, and we must have this in place to make certain that we can 
even function in any manner, even though we don't have all the details 
of new legislation in place, which I pledge to do in the next 60 days.
  With that explanation, I would like to thank the chairman of the 
Aviation Subcommittee, the gentleman and our leader on aviation issues, 
Mr. Petri.
  Mr. CAPUANO. I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1079, the Airport and Airway 
Extension Act of 2011.
  As you heard, this is the 18th short-term extension for FAA programs. 
With the enactment of a long-term FAA reauthorization in sight, as the 
chairman has just mentioned--and we all look forward to that--I want to 
echo my colleague's hopes that this will be the last short-term 
extension. I know, if we have to have one, we'll probably do one, but 
we all hope that it's the last one we do.
  Without the enactment of this bill, the FAA's funding, programs, and 
expenditure authority would lapse on March 31. This clean and 
straightforward extension will keep the FAA operating at current 
funding levels for another 2 months, through May 31. It will give 
Congress time to work out the long-term reauthorization. Yet I want to 
be clear: While I support this short-term extension bill, I have 
serious concerns about H.R. 658, the long-term

[[Page H1994]]

FAA reauthorization bill, which I expect the House may try to take up 
this week.
  In fiscal year 2010, the FAA's major programs were funded at 
approximately $16 billion. H.R. 658, the FAA Reauthorization and Reform 
Act of 2011, is a 4-year reauthorization that would reduce the FAA's 
annual funding to approximately 2008 appropriation levels, $14.9 
billion, for the remainder of 2011 and then each year through fiscal 
year 2014. H.R. 658 would effectively cut, roughly, $1 billion annually 
and almost $4 billion total below current funding levels for FAA's 
budget over the next 4 years. These proposed cuts will have dire 
consequences on our Nation's infrastructure, jobs, and the economy.
  Mr. Speaker, in February, the House Aviation Subcommittee held a 
hearing for industry stakeholders to testify about FAA reauthorization. 
In response to a question that I posed, witnesses representing the 
aerospace industry, general aviation manufacturers, general aviation 
pilots, airports, air traffic controllers, and FAA managers all 
testified that Congress could not cut $1 billion annually from the 
FAA's budget without harming safety-sensitive programs or hampering the 
industry. At the same hearing, Ms. Marion Blakey, the FAA administrator 
under President George W. Bush, stated: ``The prospect is really 
devastating to jobs and to our future.''
  Every $1 billion of Federal investment in infrastructure creates or 
sustains approximately 35,000 jobs. Yet H.R. 658 would cut the airport 
improvement grants for runway construction and safety enhancements by 
almost $2 billion. Cuts to airport improvement grants alone would cost 
the Nation 70,000 jobs.

                              {time}  1420

  So let's be clear about one thing: The FAA reauthorization bill that 
we will consider later this week will not create jobs; it will destroy 
them. Although much work is ahead of us, I'm optimistic that Congress 
will be able to enact a long-term bill and we will not be considering a 
19th short-term extension this summer. For the present, however, this 
particular extension, this bill before us today, I support, and I urge 
my colleagues to support it.
  I yield back the balance of my time.
  Mr. PETRI. I would just like to observe to my colleague, we will have 
plenty of opportunity to defend and debate the overall reauthorization 
later this week. The reauthorization bill is broadly supported by the 
industry affected. We may differ on some portions of it, but one of the 
major features of the reauthorization is to put in place a strengthened 
framework and benchmarks for NextGen; and as that new technology is 
deployed, almost every expert we've had testifying before the committee 
has said it will markedly increase the efficiency and safety of the 
aviation industry and reduce fuel use by some 25 percent, helping the 
environment and our import situation as well.
  In any event, I would like to mention that the current 
reauthorization extension, the short-term extension before us, has 
bipartisan support. I would urge my colleagues in both parties to 
support it.
  I have no further requests for time, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules 
and pass the bill, H.R. 1079.
  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.

                          ____________________