[Congressional Record (Bound Edition), Volume 155 (2009), Part 6]
[House]
[Pages 7753-7755]
[From the U.S. Government Publishing Office, www.gpo.gov]




         FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2009

  Mr. LEWIS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1512) 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. 1512

       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 2009''.

     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, 2009'' and inserting ``September 30, 2009''.
       (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, 2009'' and inserting ``September 30, 2009''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``March 31, 2009'' and inserting 
     ``September 30, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2009.

     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, 2009'' and inserting ``October 
     1, 2009'', and
       (2) by inserting ``or the Federal Aviation Administration 
     Extension Act of 2009'' 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, 2009'' and 
     inserting ``October 1, 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2009.

     SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--Section 48103(6) of 
     title 49, United States Code, is amended by striking 
     ``$1,950,000,000 for the 6-month period beginning on October 
     1, 2008.'' and inserting ``$3,900,000,000 for fiscal year 
     2009.''.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``March 31, 2009,'' and 
     inserting ``September 30, 2009,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``April 1, 2009.'' and inserting 
     ``October 1, 2009.''.
       (b) Section 44302(f)(1) of such title is amended--
       (1) by striking ``March 31, 2009,'' and inserting 
     ``September 30, 2009,''; and
       (2) by striking ``May 31, 2009,'' and inserting ``December 
     31, 2009,''.
       (c) Section 44303(b) of such title is amended by striking 
     ``May 31, 2009,'' and inserting ``December 31, 2009,''.
       (d) Section 47107(s)(3) of such title is amended by 
     striking ``April 1, 2009.'' and inserting ``October 1, 
     2009.''.
       (e) Section 47115(j) of such title is amended by striking 
     ``2008, and for the portion of fiscal year 2009 ending before 
     April 1, 2009,'' and inserting ``2009,''.
       (f) Section 47141(f) of such title is amended by striking 
     ``March 31, 2009.'' and inserting ``September 30, 2009.''.
       (g) Section 49108 of such title is amended by striking 
     ``March 31, 2009,'' and inserting ``September 30, 2009,''.
       (h) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``made in'' and all that follows through ``under 
     chapter 471'' and inserting ``made in fiscal year 2009 under 
     chapter 471''.
       (i) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``2008, and for the portion of fiscal year 2009 
     ending before April 1, 2009,'' and inserting ``2009,''.
       (j) The amendments made by this section shall take effect 
     on April 1, 2009.

     SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1)(E) of title 49, United States Code, is 
     amended by striking ``$4,516,364,500 for the 6-month period 
     beginning on October 1, 2008.'' and inserting 
     ``$9,042,467,000 for fiscal year 2009.''.

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a)(5) of title 49, United States Code, is 
     amended by striking ``$1,360,188,750 for the 6-month period 
     beginning on October 1, 2008.'' and inserting 
     ``$2,742,095,000 for fiscal year 2009.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a)(13) of title 49, United States Code, is 
     amended by striking ``$85,507,500 for the 6-month period 
     beginning on October 1, 2008.'' and inserting ``$171,000,000 
     for fiscal year 2009.''.

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


                             General Leave

  Mr. LEWIS of Georgia. Mr. Speaker, I ask unanimous consent to give 
Members 5 legislative days to revise and extend their remarks on House 
bill 1512.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. LEWIS of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 1512, the Federal Aviation Administration Extension Act of 2009, 
extends the financing and spending authority for the Airport and Airway 
Trust Fund.
  The trust fund taxes and spending authority are scheduled to expire 
on March 31, 2009. This bill extends these taxes at current rates for 6 
months, through the end of the fiscal year on September 30.
  Failure to act on this bill would mean that the taxes expire and the 
trust fund would lose revenues that are necessary to finance future 
airport construction projects and updates to the air traffic control 
system. It would also prevent the FAA from spending funds that are 
already in the trust fund, shutting down the Airport Improvement 
Program and critical airport construction projects around the country.
  I know the importance of our air transportation system. The 
Hartsfield- Jackson Atlanta International Airport, located in my 
congressional district, is the world's busiest passenger airport. In 50 
years the number of passengers traveling through that airport has grown 
from 2 million to almost 80 million a year. The airport has a direct 
and indirect impact on the economy of over $20 billion. We must make 
sure that the taxes are extended and the FAA remains funded. It is 
critical to our economy and the safety of all of our passengers.
  The bill also extends a number of authorizing provisions that are 
under the

[[Page 7754]]

jurisdiction of the Transportation and Infrastructure Committee. All of 
those provisions were also extended last September in the same bill 
that extended the expiring tax provisions. This bill will keep the 
Airport and Airway Trust Fund taxes and operations in place until a 
long-term FAA Reauthorization Act is signed into law.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TIBERI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1512.
  As the gentleman from Georgia said, this is a straightforward bill to 
provide a 6-month extension of the various excise taxes that support 
the Airport and Airway Trust Fund as well as the trust fund's 
expenditure authorities. These taxes and authorities are currently 
scheduled to expire at the end of this month, and today's legislation 
will permit Congress the time it needs to consider a longer-term FAA 
reauthorization bill.
  As the ranking member of the Select Revenues Subcommittee, I'm 
pleased that Chairman Rangel has asked our panel to examine tax issues 
related to the transportation trust funds, including the Airport and 
Airway Trust Fund. I certainly look forward to working with Chairman 
Neal, Chairman Lewis, and all the members of our committee over the 
months ahead as we determine whether modifications to the financing 
structure of the Airport and Airway Trust Fund are warranted going 
forward. Ways and Means is clearly the appropriate committee of 
jurisdiction regarding these tax issues, and I anticipate working with 
other members of the Ways and Means Committee of both parties to ensure 
that our committee continues to shape the FAA reauthorization process 
this year.
  I would note for my colleagues that under the CBO baseline, expiring 
excise taxes that are dedicated to a trust fund are assumed to be 
extended at current rates for budgeting purposes. Consequently, the 
Joint Committee on Taxation is expected to score H.R. 1512 as having no 
revenue effect, Mr. Speaker, no revenue effect, just as it has with 
similar short-term extensions of FAA taxes in the past. While many 
Members on our side of the aisle would argue that CBO and Joint Tax 
should make that same assumption about expiring tax cuts as well, 
that's a bigger debate for another day.
  For now it's important that we all extend the current FAA excise 
taxes on a temporary basis, and I am pleased to join with my colleagues 
from the other side of the aisle and Chairman Lewis in support of this 
legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. LEWIS of Georgia. Mr. Speaker, I fully support House bill 1512. I 
urge my colleagues on both sides of the aisle to vote ``yes'' for this 
bill.
  Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 1512, the 
Federal Aviation Administration (FAA) Extension Act of 2009. I want to 
thank Chairman Rangel and Ranking Member Camp for bringing this to the 
floor today, as well as Chairman Oberstar and Ranking Members Mica and 
Petri.
  Earlier this month, the Transportation and Infrastructure Committee 
marked up H.R. 915, the FAA Reauthorization Act of 2009, a long-term 
authorization of the Federal Aviation Administration's (FAA) programs. 
It should be to the House floor in the coming weeks. However, until 
H.R. 915 is signed into law, it is imperative that we not allow FAA's 
critical programs to lapse.
  The Aviation Trust Fund is currently operating under a short-term 
extension that expires on March 31, 2009. To that end, H.R. 1512 would 
extend not only the aviation taxes and expenditure authority, but also 
Airport Improvement Program (AIP) contract authority, until September 
30, 2009.
  H.R. 1512 also provides an additional $1.95 billion in AIP contract 
authority, resulting in a full-year contract authority level of $3.9 
billion for fiscal year 2009. These additional funds will allow 
airports to proceed with critical safety and capacity enhancement 
projects, particularly larger projects that require a full-year's worth 
of AIP funds to move forward.
   Mr. Speaker, aviation is too important to our nation's economy--
contributing $1.2 trillion in output and approximately 11.4 million 
U.S. jobs--to allow the taxes or funding for critical aviation programs 
to expire.
  Congress must ensure that this extension passes expeditiously to 
reduce delays and congestion; improve safety and efficiency; stimulate 
the economy; and create jobs. I urge my colleagues to support the bill.
  Mr. PETRI. Mr. Speaker, in September 2007, the House considered and 
passed the FAA Reauthorization Act of 2007, H.R. 2881. That legislation 
reauthorized the FAA for four years.
  Unfortunately, the Senate was unable to come to an agreement on its 
bill, and so in September 2008 Congress extended the Federal Aviation 
Administration's (FAA) funding and authority for a fifth time.
  That extension will expire on March 31, 2009, so today we are 
considering another extension.
  H.R. 1512 would extend the taxes, programs, and funding of the FAA 
through September of 2009.
  This bill--
  Extends FAA Funding and contract authority for 6 months;
  Funds the Airport Improvement Program at $1.95 billion through 
September 2009;
  Extends the War Risk Insurance program; and
  Extends the Small Community Air Service Development Program.
  H.R. 1512 will ensure that our National Aviation System continues to 
operate until a full FAA Reauthorization can be enacted.
  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 
infrastructure. Modernizing our antiquated air traffic control system 
and repairing our crumbling infrastructure need to be at the top of our 
priorities.
  As we begin the 111th Congress, there is still much work to be done. 
This 6-month extension gives us time to improve H.R. 915, the ``FAA 
Reauthorization Act of 2009,'' which was introduced by Chairmen 
Oberstar and Costello last month and approved by our Committee earlier 
this month.
  As we move toward Floor consideration of the FAA Reauthorization 
bill, I look forward to working with my colleagues to address ongoing 
concerns with some of the provisions in H.R. 915.
  I also urge our colleagues in the other body to take up a 
comprehensive FAA reauthorization package as early as possible this 
year.
  I support this extension as the best alternative to keep the FAA and 
the National Airspace System running safely until we can take up and 
pass a bipartisan and bicameral bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1512, To amend the Internal Revenue Code of 1986 to extend the 
funding and expenditure authority of the Airport and Airway Trust Fund, 
and for other purposes, introduced by my distinguished colleague from 
New York, Representative Charles B. Rangel. This important legislation 
will extend funding in order to improve transportation for Americans 
across the nation.
  The costs of air travel have increased rapidly in the last few 
months. Airlines have not only increased the price of air fare, but 
they have been forced to put charges on extra baggage, cut flights, and 
lay off hundreds of employees. Air travel is essential, as it is 
beneficial environmentally, socially, and especially economically. 
Without the ability to travel by air cheaply and easily, the flow of 
people, goods, and ideas would substantially decrease.
  If we do not extend funding to airline programs, many negative 
consequences will ensue, including cutting services, such as air 
traffic control, certification, and inspection, as well as the 
inability by the airlines to buy new equipment for the aging 
infrastructure.
  It is obvious that something must be done to solve this pressing 
problem. It is necessary for airlines to look into 2 alternative means 
in order to increase their effectiveness. However, it is also necessary 
for the United States to fund several programs.
  The Airport and Airway Trust Fund was established in 1970 ``to 
provide for the expansion and improvement of the nation's airport and 
airway system.'' Since then, it has provided funds for the Federal 
Aviation Administration. Various pieces of legislation have come before 
the Congress to extend this fund, and yet partisanship has stalled 
these bills. It is necessary for us to extend this program in order to 
modernize our air traffic control system. NextGen, a state-of-the-art 
air traffic control system would allow control towers to pinpoint the 
exact locations of aircrafts, making the skies less chaotic, and air 
travel much more efficient.
  Additionally, the extension of the Airport Improvement Program is 
necessary in order to improve safety and efficiency in our air travel. 
Airports are sites used by millions and millions

[[Page 7755]]

of Americans every single day. It is vital that airports, travelers, 
and air flight personnel be secure, and thus it is important to 
continue to fund this program.
  Even though air travel is obviously important, other forms of travel 
contribute to the nation as well. The Highway Trust Fund was created by 
the Highway Revenue Act of 1956 to ensure a dependable source of 
financing for the National System of Interstate and Defense Highways. 
This is the premier fund for government spending on highways, with 
approximately 45% of all highway spending coming from this fund. The 
Congressional Budget Office predicts the fund will run a deficit of 
$1.7 billion at the end of 2009 and $8.1 billion by the end of 2010. 
The Highway Trust Fund balance must be restored.
  This bill will extend the taxes that fund The Airport and Airway 
Trust Fund, extend the expenditure authority of The Airport and Airway 
Trust Fund, extend the Airport Improvement Program, and restore the 
Highway Trust Fund balance. This is a vital bill for cities like 
Houston, Texas, which happens to have one of the top 10 airports in the 
Nation. I urge my fellow members of Congress to support H.R. 1512 in 
order to increase efficiency, safety, and functioning of our nation's 
transportation systems.
  Mr. LEWIS of Georgia. 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 Georgia (Mr. Lewis) that the House suspend the rules and 
pass the bill, H.R. 1512.
  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.

                          ____________________