[Congressional Record Volume 157, Number 45 (Thursday, March 31, 2011)]
[Daily Digest]
[Pages D329-D332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 30 public bills, H.R. 1277-
1306; and 5 resolutions, H.J. Res. 53; H. Con. Res. 32; and H. Res. 
193, 195-196 were introduced.                            
  Pages H2213-15
Additional Cosponsors:                                   
  Pages H2215-16
Reports Filed: Reports were filed today as follows:
  H. Con. Res. 13, reaffirming ``In God We Trust'' as the official 
motto of the United States and supporting and encouraging the public 
display of the national motto in all public buildings, public schools, 
and other government institutions (H. Rept. 112-47);
  Report on Oversight Plans for All House Committees (H. Rept. 112-48); 
and
  H. Res. 194, providing for consideration of the bill (H.R. 1255) to 
prevent a shutdown of the government of the United States, and for 
other purposes (H. Rept. 112-49).                            
Page H2213
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Foxx to act as Speaker pro tempore for today. 
                                                             Page H2111
Recess: The House recessed at 10:45 a.m. and reconvened at 12 noon. 
                                                             Page H2116
Chaplain: The prayer was offered by the guest chaplain, Reverend Dr. 
Charles Jackson, Sr., Brookland Baptist Church, West Columbia, South 
Carolina.                                                    
  Page H2116
Investigative Subcommittees of the Committee on Ethics: The Chair 
announced that the Speaker named the following Members of the House of 
Representatives to be available to serve on investigative subcommittees 
of the Committee on Ethics for the 112th Congress: Representatives 
Bishop (UT), Blackburn, Crenshaw, Latham, Simpson, Walden, Olson, 
Latta, Griffin (AR), and Grimm.                              
  Page H2119
Point of Personal Privilege: Representative Kucinich rose to a point of 
personal privilege and was recognized.                   
  Pages H2119-22
Suspension--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measure which was debated yesterday, March 30th:
  Reducing Regulatory Burdens Act of 2011: H.R. 872, amended, to amend 
the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal 
Water Pollution Control Act to clarify Congressional intent regarding 
the regulation of the use of pesticides in or near navigable waters, by 
a 2/3 yea-and-nay vote of 292 yeas to 130 nays, Roll No. 206. 
                                                         Pages H2129-30
FAA Reauthorization and Reform Act of 2011: The House began 
consideration of H.R. 658, to amend title 49, United States Code, to 
authorize appropriations for the Federal Aviation Administration for 
fiscal years 2011 through 2014, to streamline programs, create 
efficiencies, reduce waste, and improve aviation safety and capacity, 
and to provide stable funding for the national aviation system. 
Consideration is expected to resume tomorrow, April 1st. 
                                            Pages H2122-29, H2130-H2212
  Pursuant to the rule, an amendment in the nature of a substitute 
consisting of the text of the Rules Committee Print dated March 22, 
2011, shall be considered as an original bill for the purpose of 
amendment under the five-minute rule, in lieu of the amendment in the 
nature of a substitute recommended by the Committee on Transportation 
and Infrastructure now printed in the bill.                  
Page H2141
Agreed to:
  Pierluisi amendment (No. 3 printed in H. Rept. 112-46) that ensures 
that airports in Puerto Rico are apportioned amounts under the Airport 
Improvement Program (AIP), while also remaining eligible for 
discretionary grants under the Program;                  
Pages H2176-77
  Hirono amendment (No. 4 printed in H. Rept. 112-46) that exempts 
Hawaii's large- and medium-hub airports from collecting PFCs from 
interisland travelers due to the unique everyday travel circumstances 
the island state presents. Changes the formula under which Hawaii's 
annual Federal apportionments are reduced when the State's large and

[[Page D330]]

medium hub airports collect passenger facility charges from overseas 
travelers;                                               
Pages H2177-80
  Neugebauer amendment (No. 5 printed in H. Rept. 112-46) that directs 
the Administrator of the Federal Aviation Administration to conduct a 
feasibility study on the development of an online public resource that 
would list the location and height of potential low-altitude aviation 
obstructions, such as guy-wire and free-standing towers. Gives the 
Administrator one year to conduct the study and report to Congress; 
                                                         Pages H2180-81
  LoBiondo amendment (No. 6 printed in H. Rept. 112-46) that allows the 
FAA to assist in establishing a NextGen Research and Development Center 
of Excellence. The Center would leverage the FAA's existing centers of 
excellence program, a program that relies on several university 
consortia to address ongoing FAA research and development challenges.
  The Center would provide educational, technical, and analytical 
assistance to the FAA and other agencies involved in the development of 
NextGen;                                                     
Page H2181
  Miller (MI) amendment (No. 12 printed in H. Rept. 112-46) that 
directs the FAA to work with various Federal agencies to integrate 
Unmanned Aerial Systems into the National Airspace System more 
expeditiously;                                               
Page H2187
  Woodall amendment (No. 13 printed in H. Rept. 112-46) that prohibits 
implementation by the FAA of a new rule interpretation relating to 14 
CFR 135, sections 263 and 267(d) so far as it relates to air ambulances 
and air cargo charter pilot rest requirements. Sets the interpretation 
of those sections at the state they were on January 1, 2011; 
                                                         Pages H2187-88
  Mica manager's amendment (No. 1 printed in H. Rept. 112-46) that 
makes technical corrections to provisions in the underlying bill (by a 
recorded vote of 251 ayes to 168 noes, Roll No. 207); 
                                                  Pages H2170-76, H2194
  Graves (MO) amendment (No. 22 printed in H. Rept. 112-46) that 
provides relief for an air show in Cleveland, Ohio, from complying with 
certain airspace restrictions;                           
Pages H2203-04
  Waxman amendment (No. 23 printed in H. Rept. 112-46) that encourages 
the FAA to work with the City of Santa Monica to achieve safety 
improvements at Santa Monica Airport, a general aviation facility that 
has no runway safety areas;                                  
Page H2204
  Moore amendment (No. 25 printed in H. Rept. 112-46) that requires the 
Transportation Department Inspector General to report to Congress on 
the number of new small business concerns, including those owned by 
veterans and other disadvantaged groups, that participate in the 
projects carried out throughout the duration of the reauthorization. 
The report would list the top 25 and bottom 25 large- and medium-hub 
airports using such small businesses, assess the reasons why airports 
have been successful in using such small businesses and make 
recommendations to the FAA and Congress on how those successes can be 
replicated;                                              
Pages H2205-06
  Graves (MO) amendment (No. 26 printed in H. Rept. 112-46) that 
prohibits the Federal Aviation Administration (FAA) from destroying 
vintage aircraft type certificate data and requires such data to be 
made available to the public, for non-commercial purposes, upon a 
Freedom of Information Act request;                      
Pages H2206-07
  Matheson amendment (No. 30 printed in H. Rept. 112-46) that allows 
the Transportation Department to release any terms, conditions, 
reservations, or restrictions on deeds which the United States conveyed 
to an airport, city, county property for airport purposes, as long as 
the release results in furthering other airport purposes; and 
                                                         Pages H2209-10
  Schiff amendment (No. 31 printed in H. Rept. 112-46) that includes 
sense of Congress language that the operator of Los Angeles 
International Airport (LAX) should consult with representatives of the 
community surrounding LAX regarding airport operations and expansion 
plans.                                                       
Page H2210
Rejected:
  Richardson amendment (No. 16 printed in H. Rept. 112-46) that sought 
to require air carriers to provide an option for passengers to receive 
a notification via electronic service if there are any changes to the 
status of their flight;                                  
Pages H2189-90
  Garrett amendment (No. 7 printed in H. Rept. 112-46) that sought to 
require the FAA to study alternatives to the New York/New Jersey/
Philadelphia airspace redesign to reduce delays at the 4 airports 
included in the redesign. Would also prohibit the FAA from continuing 
with the implementation of the airspace redesign until the study is 
submitted to Congress (by a recorded vote of 120 ayes to 303 noes, Roll 
No. 208);                                      
Pages H2181-83, H2194-95
  DeFazio amendment (No. 9 printed in H. Rept. 112-46) that sought to 
require mechanics at contract repair stations certificated by the 
Federal Aviation Administration in the U.S. and in foreign countries to 
undergo the same criminal background checks required for mechanics and 
other aviation employees at U.S. airports (by a recorded vote of 161 
ayes to 263 noes, Roll No. 209);                  
Pages H2183, H2195-96
  Hirono amendment (No. 10 printed in H. Rept. 112-46) that sought to 
establish an Aviation Rulemaking Committee (ARC) to study and provide 
regulatory recommendations to the Federal Aviation Administrator to 
ensure that all certified aircraft is properly equipped with technology 
that maintains

[[Page D331]]

pilot visibility when dense, continuous smoke is present in the 
cockpit. The ARC would be directed to complete its work in one year and 
provide its recommendations to the Administrator who must inform 
Congress of the recommendations and outline what actions the agency 
will take on the basis of those recommendations (by a recorded vote of 
174 ayes to 241 noes, Roll No. 210);              
Pages H2184-85, H2196
  Capuano amendment (No. 17 printed in H. Rept. 112-46) that sought to 
require greater disclosure of a passenger's baggage fees when a fare is 
quoted to an airline passenger and require refunds for baggage that is 
lost, damaged, or delayed. The Secretary of Transportation would 
prescribe any requirements necessary to implement the baggage fee 
disclosures by ensuring that necessary information is shared between 
carriers and ticket agents that have an already existing agency 
appointment or contract (by a recorded vote of 187 ayes to 235 noes, 
Roll No. 211); and                             
Pages H2190-92, H2196-97
  Gingrey amendment (No. 18 printed in H. Rept. 112-46) that sought to 
prohibit FAA employees from using official--taxpayer-sponsored--time 
for union activities during the official work day. It would not repeal 
the right of any FAA employee to collectively bargain or arbitrate (by 
a recorded vote of 195 ayes to 227 noes, Roll No. 212). 
                                               Pages H2192-94, H2197-98
Withdrawn:
  Waters amendment (No. 2 printed in H. Rept. 112-46) that was offered 
and subsequently withdrawn that would have required airport operators, 
as a condition for receiving grants under the Airport Improvement 
Program, to consult with representatives of the community surrounding 
the airport regarding airport operations and their impact on the 
community;                                                   
Page H2176
  Jackson Lee (TX) amendment (No. 11 printed in H. Rept. 112-46) that 
was offered and subsequently withdrawn that would have required a 
minimum of three on-duty air traffic controllers;        
Pages H2185-87
  Pierluisi amendment (No. 14 printed in H. Rept. 112-46) that was 
offered and subsequently withdrawn that would have authorized the 
Secretary of Transportation to continue the essential air service 
program in Puerto Rico following the sunset date of October 1, 2013. 
The bill authorizes continuation for Alaska and Hawaii;      
Page H2188
  Schweikert amendment (No. 15 printed in H. Rept. 112-46) that was 
offered and subsequently withdrawn that would have allowed airlines 
currently operating out of DCA to convert flights to and from large hub 
airports located within the DCA perimeter to any airport outside of the 
DCA perimeter;                                           
Pages H2188-89
  Graves (MO) amendment (No. 19 printed in H. Rept. 112-46) that was 
offered and subsequently withdrawn that would have clarified 
Congressional intent of 49 U.S.C. 40116(d)(2)(A)(iv) to prohibit taxes 
on businesses located at an airport when such revenue is not used for 
airport purposes; and                                    
Pages H2198-99
  Moore amendment (No. 32 printed in H. Rept. 112-46) that was offered 
and subsequently withdrawn that would have given the Federal Aviation 
Administration (FAA) the authority to conduct demonstration projects at 
five airports in support of ``aerotropolis'' zones that assist in 
better coordinating transportation around airports and funding of 
projects to reduce congestion, improve, and increase the flow of 
freight and passengers to and through the airport through multiple 
transportation modes.                                    
Pages H2210-12
Proceedings Postponed:
  Sessions amendment (No. 20 printed in H. Rept. 112-46) that seeks to 
prevent any funds from this act to be used to administer or enforce 
Davis Bacon;                                          
Pages H2199-H2200
  LaTourette amendment (No. 21 printed in H. Rept. 112-46) that seeks 
to strike section 903, which repeals a National Mediation Board (NMB) 
rule, finalized last year, which provides for union representation 
elections among airline and railroad workers covered by the Railway 
Labor Act;                                               
Pages H2200-03
  Shuster amendment (No. 24 printed in H. Rept. 112-46) that seeks to 
improve Federal Aviation Administration (FAA) rulemaking activities by 
requiring the Agency to recognize that the United States aviation 
industry is composed of a variety of different segments with different 
operating characteristics and requiring the FAA to tailor regulations 
to address the unique characteristics of each industry segment. The 
amendment also requires the FAA to conduct appropriate cost/benefit 
studies on all proposed regulations and only enact regulations upon a 
finding that the costs are justified by the benefits;    
Pages H2204-05
  Pearce amendment (No. 27 printed in H. Rept. 112-46) that seeks to 
authorize an equitable transfer of land and property, in the form of a 
road, between Dona Ana County in New Mexico and Verde Corporate Realty 
Services. Dona Ana County would continue to use the land for airport 
purposes; and                                            
Pages H2207-08
  Schiff amendment (No. 29 printed in H. Rept. 112-46) that seeks to 
allow airports that meet specific requirements--already had at least a 
partial curfew in effect before the 1990 Airport Noise and Control Act 
(ANCA)--to implement mandatory nighttime curfews. Would define a 
nighttime curfew

[[Page D332]]

(10 p.m. to 7 a.m.), establish the process for implementing and 
administrating the curfew and is not intended to open the door to any 
further exemptions from ANCA.                            
Pages H2208-09
  H. Res. 189, the rule providing for consideration of the bill, was 
agreed to by a yea-and-nay vote of 249 yeas to 171 nays, Roll No. 205, 
after the previous question was ordered without objection. 
                                                         Pages H2122-29
Official Objectors for the 112th Congress: On behalf of the Majority 
and Minority leadership, the Chair announced the following official 
objectors for the Private Calendar for the 112th Congress: 
Representatives Smith (TX), Sensenbrenner, and Poe for the Majority and 
Representatives Serrano, Nadler, and Edwards for the Minority. 
                                                             Page H2212
Quorum Calls--Votes: Two yea-and-nay votes and six recorded votes 
developed during the proceedings of today and appear on pages H2129, 
H2129-30, H2194, H2195, H2195-96, H2196, H2197 and H2197-98. There were 
no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 8:56 p.m.