[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Pages 16307-16308]
[From the U.S. Government Publishing Office, www.gpo.gov]




         FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

  Mr. DORGAN. Mr. President, I am going to propound a unanimous consent 
request that will extend FAA authority until December 31 of this year. 
This is another extension. We have had extension after extension of the 
FAA Reauthorization Act, which expires, so we extend it.
  Let me in 1 minute say we have worked on a bill that would 
reauthorize the FAA. It has many component parts dealing with safety 
and other issues. It deals with the modernization of our entire air 
traffic control system. The Europeans are going full steam, and we need 
to work on this for a wide range of reasons: safety in the skies, 
better environment, more direct flying routes, less time in the air, 
and a whole series of things. Yet this piece of legislation that 
represents the investment in airport infrastructure, modernization of 
our air traffic control system, and so many other things is continuing 
to be blocked, and it is a profound disappointment to me.
  Senator Rockefeller and I and Senator Kay Bailey Hutchison and others 
have worked to write this legislation. It is bipartisan. It passed 
through the Commerce Committee, passed through the full Senate, and now 
we are trying to negotiate an agreement with the House. Someone said to 
me as I came in today, I understand FAA reauthorization is dead for 
this session. I said: That is not the case. Senator Rockefeller and I 
remain hopeful that between now and the end of the year we will be able 
to solve those remaining few points and get this done. It is critically 
important--very important--that we get this done.
  So I make this unanimous consent request with the understanding that 
I am continuing to work on it, as is Senator Rockefeller and Senator 
Hutchison and many others to try to get the FAA reauthorization bill 
done through the House and the Senate and get it resolved.
  Mr. President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 324, H.R. 4853.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 4853) to amend the Internal Revenue Code of 
     1986 to extend the funding 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the amendment 
at the desk be considered and agreed to; that the bill, as amended, be 
read a third time, passed, and the motion to reconsider be laid upon 
the

[[Page 16308]]

table; that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4656) was agreed to, as follows:

   (Purpose: 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)

       Strike all after the enacting clause, and insert the 
     following:

     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 title 49, 
     United States Code, is amended by striking ``September 30, 
     2010,'' and inserting ``December 31, 2010,''.
       (c) Apportionment Amounts.--The Secretary shall apportion 
     in fiscal year 2011 to the sponsor of an airport that 
     received scheduled or unscheduled air service from a large 
     certified air carrier (as defined in part 241 of title 14 
     Code of Federal Regulations, or such other regulations as may 
     be issued by the Secretary under the authority of section 
     41709) an amount equal to the minimum apportionment specified 
     in 49 U.S.C. 47114(c), if the Secretary determines that 
     airport had more than 10,000 passenger boardings in the 
     preceding calendar year, based on data submitted to the 
     Secretary under part 241 of title 14, Code of Federal 
     Regulations.

     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. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by striking the period at the end of subparagraph (F) 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (F) the following:
       ``(G) $2,451,375,000 for the 3-month period beginning on 
     October 1, 2010.''.

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) $746,250,000 for the 3-month period beginning on 
     October 1, 2010.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (13);
       (2) by striking the period at the end of paragraph (14) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(15) $49,593,750 for the 3-month period beginning on 
     October 1, 2010.''.

     SEC. 9. 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 amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 4853), as amended, was read the third time, and 
passed.

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