[Congressional Record (Bound Edition), Volume 156 (2010), Part 9]
[House]
[Pages 12027-12030]
[From the U.S. Government Publishing Office, www.gpo.gov]




           AIRPORT AND AIRWAY EXTENSION ACT OF 2010, PART II

  Mr. LEWIS of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5611) 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. 5611

       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 II''.

[[Page 12028]]



     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 
     ``July 3, 2010'' and inserting ``August 1, 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 ``July 
     3, 2010'' and inserting ``August 1, 2010''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``July 3, 2010'' and inserting 
     ``August 1, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 4, 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 ``July 4, 2010'' and inserting ``August 2, 
     2010''; and
       (2) by inserting ``or the Airport and Airway Extension Act 
     of 2010, Part II'' 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 ``July 4, 2010'' and 
     inserting ``August 2, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on July 4, 2010.

     SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103(7) of title 49, United 
     States Code, is amended to read as follows:
       ``(7) $3,515,000,000 for fiscal year 2010.''.
       (2) Availability of amounts.--Sums made available pursuant 
     to the amendment made by paragraph (1) shall remain available 
     until expended.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``July 3, 2010,'' and inserting 
     ``August 1, 2010,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``July 4, 2010.'' and inserting ``August 
     2, 2010.''.
       (b) Section 44302(f)(1) of such title is amended--
       (1) by striking ``July 3, 2010,'' and inserting ``August 1, 
     2010,''; and
       (2) by striking ``September 30, 2010,'' and inserting 
     ``October 31, 2010,''.
       (c) Section 44303(b) of such title is amended by striking 
     ``September 30, 2010,'' and inserting ``October 31, 2010,''.
       (d) Section 47107(s)(3) of such title is amended by 
     striking ``July 4, 2010.'' and inserting ``August 2, 2010.''.
       (e) Section 47115(j) of such title is amended by striking 
     ``July 4, 2010,'' and inserting ``August 2, 2010,''.
       (f) Section 47141(f) of such title is amended by striking 
     ``July 3, 2010.'' and inserting ``August 1, 2010.''.
       (g) Section 49108 of such title is amended by striking 
     ``July 3, 2010,'' and inserting ``August 1, 2010,''.
       (h) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``July 4, 2010,'' and inserting ``August 2, 2010,''.
       (i) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``July 4, 2010,'' and inserting ``August 2, 
     2010,''.
       (j) The amendments made by this section shall take effect 
     on July 4, 2010.

     SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1)(F) of title 49, United States Code, is 
     amended to read as follows:
       ``(F) $7,813,037,096 for the period beginning on October 1, 
     2009, and ending on August 1, 2010.''.

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a)(6) of title 49, United States Code, is 
     amended to read as follows:
       ``(6) $2,453,539,493 for the period beginning on October 1, 
     2009, and ending on August 1, 2010.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a)(14) of title 49, United States Code, is 
     amended to read as follows:
       ``(14) $159,184,932 for the period beginning on October 1, 
     2009, and ending on August 1, 2010.''.

                              {time}  1350

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Lewis) and the gentleman from Kentucky (Mr. Davis) 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 the 
bill, H.R. 5611.
  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.
  Mr. Speaker, I rise in strong support of H.R. 5611, the Airport and 
Airway Extension Act, Part II.
  As you know, the Trust Fund taxes and spending authority are 
scheduled to expire on July 3. This bill simply extends the authority 
one more month while we work together on a long-term solution.
  Air travel plays a crucial and critical role in our economy and our 
lives. The world's busiest airport, Hartsfield-Jackson Atlanta 
International Airport is located in my congressional district. This 
airport alone has a direct impact of more than $32.5 billion on the 
State of Georgia's economy. At a time when we are considering the 
importance of jobs and job creation, I would like to note that the 
airport is the second-largest employer in Georgia with 58,000 workers.
  If Congress does not pass the bill, the Trust Fund will lose the 
revenue that we need for airport construction and the Nation's air 
traffic control system.
  Mr. Speaker, I ask all of my colleagues to come together and support 
this bipartisan legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Kentucky. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise also in support of H.R. 5611. This is a 
straightforward and noncontroversial bill to extend for 1 month, 
through August 1, the existing FAA authorization law, the excise taxes 
that support the Airport and Airway Trust Fund, and the Trust Fund's 
expenditure authority. The current FAA authorization, as well as the 
excise taxes and spending authorities, are currently scheduled to 
expire on July 3.
  This extension will give Congress additional time to consider longer-
term FAA reauthorization legislation and to determine whether 
modifications to the financing structure of the Airport and Airway 
Trust Fund are appropriate.
  I would note, Mr. Speaker, that on March 25, 2010, the House passed 
the Senate amendment to H.R. 1586, a 4-year FAA reauthorization with an 
additional amendment, and the two Chambers are continuing to work to 
resolve their differences.
  While the House-passed version of that broader legislation remains 
controversial for reasons unrelated to the provision within the Ways 
and Means Committee's jurisdiction, I'm pleased to report that the 
short-term extension we are considering today is supported by the 
bipartisan leadership of both the Ways and Means and the Transportation 
and Infrastructure committees.
  It's important that we take this step to extend the current FAA 
authorization and its related excise taxes and expenditure authorities 
on a temporary basis, and I'm pleased to join with my colleagues across 
the aisle in support of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of Georgia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Illinois (Mr. Costello), chairman of the 
Aviation Subcommittee.
  Mr. COSTELLO. Mr. Speaker, I rise in support of H.R. 5611, the 
Airport and Airway Extension Act of 2010, Part II.
  I want to thank my friend, Mr. Lewis, from the Ways and Means 
Committee for yielding time to me to allow me to speak on this 
important legislation. And I thank Chairman Oberstar, Ranking Member 
Mica, and ranking member Mr. Petri for working with me and all of us 
together to bring this bill to the floor today.
  For the past 3 months, we have been working in a bipartisan manner 
with our friends in the other body to bring a comprehensive Federal 
Aviation Administration reauthorization bill to the floor. We have 
worked through the majority of both bills, and only a few issues 
remain.
  The bill before us today, H.R. 5611, will provide a short, 1-month 
extension of the FAA reauthorization bill through August 1, 2010, to 
allow us to finish our work before we adjourn for the August district 
work period.

[[Page 12029]]

  This is a clean extension. Primarily, H.R. 5611 extends aviation 
taxes to support the Airport and Airways Trust Fund, which funds a 
large portion of the FAA's budget. The bill also extends the Airport 
Improvement Program contract authority to allow airports to continue 
critical safety and capacity enhancement projects.
  Aviation is too critically important to our Nation's economy, 
contributing $1.2 trillion in output and approximately 11.4 million 
jobs, to allow the taxes or the funding for critical aviation programs 
to expire. Congress must ensure that this extension passes today to 
ensure that our aviation system is not disrupted and continues to 
function safely.
  Mr. Speaker, I urge my colleagues to support this legislation. And, 
again, I thank my friend from Georgia (Mr. Lewis) for yielding me time.
  Mr. DAVIS of Kentucky. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. Mr. Speaker, I thank my colleague, Representative Davis 
from Kentucky, for yielding me this time. And I also would like to 
express my appreciation for the way that my subcommittee chairman, Mr. 
Costello, and chairman, Mr. Oberstar, and my colleague, Mr. Mica from 
Florida, have all been working on this conference and on this 
legislation now for longer than we would have liked. It's too bad that 
we have to do what will be, I guess, our 14th or 15th extension of the 
existing law. But it is, unfortunately, necessary to do that to give us 
time to complete work on the conference, which actually is well 
underway.
  In May of last year, we passed the Reauthorization Act of 2009, H.R. 
915. This March the Senate passed its own FAA reauthorization bill, 
which the House took up, amended, passed, and sent back to the Senate. 
While a conference has not been called, staff from both Chambers have 
been in informal discussions for months to reconcile the two versions 
of the bill. And while these discussions have led to tentative 
agreement on the vast majority of provisions, and there has been good 
work on both sides of the aisle on this, a number of controversial 
issues have stalled progress on a final agreement.
  I am disappointed, myself, that several issues unrelated to important 
safety and modernization provisions in the reauthorization package are 
holding up final agreement on this legislation. Nevertheless, in order 
to allow the FAA to continue operating uninterrupted, I support passage 
of the bill before us to extend FAA's funding and program 
authorization.
  H.R. 5611, the bill before us, would extend the taxes, programs, and 
funding of the FAA to August 1 of this year. This bill provides just 
over $3.5 billion in Airport Improvement Program funding, extends the 
War Risk Insurance program, and extends other authorities related to 
Small Community Air Service, airport, and safety programs.
  That will ensure that our National Airspace System continues to 
operate, and that the FAA continues to fund important airport projects 
while the Congress completes action on a final reauthorization bill.
  I want to urge my colleagues to take advantage of these extra 30 days 
to reach compromise on the few remaining controversial provisions in 
the FAA bill. This bill contains critical safety provisions that must 
not be delayed any longer. We owe it to the families of Flight 3407 and 
to the traveling public to reach agreement and send a good, bicameral, 
bipartisan FAA bill to our President.
  I urge my colleagues to support H.R. 5611.
  Mr. DAVIS of Kentucky. Mr. Speaker, I yield myself such time as I may 
consume to close.
  Just to reiterate, this is very important to continue this extension. 
It's been achieved in a bipartisan manner and among the relevant 
committees of jurisdiction. I wholeheartedly support it and encourage 
my colleagues to vote ``yes.''
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise today to express my 
support for H.R. 5611, which extends the funding and expenditure 
authority of the Airport and Airway Trust Fund and to extend 
authorizations for the Airport Improvement Program, and for other 
purposes. While I support passage of this bill today, I am hopeful that 
the House and Senate will soon agree on a full reauthorization of these 
important programs.
  This bill offers a necessary extension of one month of these two 
programs. The Transportation and Infrastructure and Ways and Means 
Committees each approved these extensions. First of all, the Airport 
and Airway Trust Fund provides funding for the federal commitment to 
the nation's aviation system through several aviation-related excise 
taxes. These taxes are vital to fund the continued maintenance, 
expansion, and improvement of the nation's airports and airway system. 
The second program, the Airport Improvement Program, works to maintain 
and improve the safety and efficiency of air travel.
  I urge my colleagues to take advantage of the additional time that 
these extensions offer in order to reach a compromise with the other 
body regarding the Federal Aviation Administration Reauthorization Act. 
It is absolutely essential that the House and Senate resolve their 
differences quickly so that our nation's air travel system can function 
safely and efficiently.
  This year, Congress has passed legislation to create and maintain 
jobs in all different sectors in order to improve our economy. If we 
allow the authorization of these airport programs to expire, we will 
take steps in the wrong direction by eliminating the jobs that employ 
people in these two programs. In fact, the reauthorization of the 
funding and authority for the Airport and Airway Trust Fund and the 
Airport Improvement Program is also important for the economy of my 
Congressional district. The 4th district of Georgia has the second 
largest airport in Georgia, Dekalb Peachtree Airport, which is 
responsible for around 7,300 jobs and it generates $130 million worth 
of personal income for these employees. If temporary or the eventual 
permanent reauthorization of these programs fails to pass Congress, it 
would evidently be devastating for my district, and the Nation.
  Again, I urge my colleagues to support this legislation.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 5611, the 
``Airport and Airway Extension Act of 2010, Part II''.
  This bill ensures that aviation programs, taxes, and Trust Fund 
expenditure authority will continue without interruption pending 
completion of a long-term Federal Aviation Administration (FAA) 
reauthorization act. We are very close to resolving all differences 
with the Senate on the long-term FAA bill. However, because the long-
term bill will not be completed before the current authority for 
aviation programs expires at the end of this week, H.R. 5611 is needed 
to extend aviation programs, taxes, and expenditure authority for an 
additional month.
  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 July 3, 2010.
  Since passage of the Senate bill in March, we have been working 
diligently to resolve the differences between the House and Senate 
bills. We have made extremely good progress and are near completion of 
a final bill. However, given that the current authority for aviation 
programs expires at the end of this week, a further extension of 
current law is necessary to continue the financing of aviation programs 
through August 1, 2010. Based on the hard work that has occurred to 
date, I am extremely hopeful that Congress will complete action on the 
long-term FAA reauthorization act in July.
  I thank Chairman Levin of the Committee on Ways and Means for his 
assistance in ensuring the continued operation of aviation and highway 
programs. I also thank Ways and Means Committee Ranking Member Camp and 
my Committee colleagues: Ranking Member Mica, Aviation Subcommittee 
Chairman Costello, and Ranking Member Petri, for working with me on 
this critical legislation.
  I strongly urge my colleagues to join me in supporting H.R. 5611.
  Mr. MICA. Mr. Speaker, it has been almost three years since the last 
reauthorization expired in September 2007. As Chairman of the Aviation 
Subcommittee in 2003, I guided that bill to completion in just seven 
months.
  This had been the longest period of time between reauthorizations in 
the history of the FAA.
  This is the fourteenth in a series of FAA extensions and the 
sixteenth time we have come to the Floor to keep the FAA in business.
  Both bodies have been actively negotiating to produce a final bill 
that sets priorities and improves our airspace system.

[[Page 12030]]

  We cannot allow needless, controversial provisions to hijack 
important initiatives to improve aviation safety and allow the industry 
to grow.
  The situation has delayed bipartisan safety legislation that passed 
the House last fall and now sits idle. This is simply unacceptable.
  I support this fourteenth extension and hope that we can quickly 
resolve our issues and produce a much-needed FAA Reauthorization bill.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise in support of H.R. 
5611, the Airport and Airway Extension Act of 2010: Part II. This Act 
would extend the funding and expenditure authority of the Airport and 
Airway Trust Fund as well as extend authorizations for the airport 
improvement program. The Airport and Airway Trust Fund (AATF) provides 
much needed funding to assist in our Federal commitment to the Nation's 
aviation system. Such funding is necessary for the development of our 
nationwide airport and airway system as well as for investments in air 
traffic control facilities to meet the current and future projected 
growth in aviation.
  The Trust Fund provides 100 percent of the funding for Federal 
Aviation Administration (FAA) airport grants, facilities and equipment, 
and research, engineering, and development. Allocations are also 
provided to the Airport Improvement Program (AIP), and Facilities and 
Equipment, (F&E) and funding from the Trust Fund also helps support 
basic FAA operations.
  I would like to emphasize that the AAFT trust fund was not created 
solely to finance aviation infrastructure. Throughout its history, it 
has financed a wide array of operations including administrative 
expenses, attributable to the administration of the airport improvement 
program and research and development, as well as general FAA 
operations. It is very important that this funding be continued.
  While the trust fund pays a large share of the bills for the FAA to 
operate the national airspace system, a troubling gap has grown between 
the revenue that comes in and what it costs to govern the FAA. This has 
sharply driven down the Trust Fund's uncommitted balance; its surpluses 
from previous years. If this trend continues in our poor economic state 
where airlines are cutting benefits and increasing prices, the future 
of American aviation is grim.
  Mr. Speaker, I am concerned for the future of American aviation--
especially for the future of the George Bush Intercontinental Airport 
located in my home district of Houston, Texas. Current airport 
standards are not only threatened by decreased FAA funding but also by 
the proposed merger of Continental and United Airlines, the former of 
which is based in Houston. Should this merger be allowed, the future of 
American aviation in regards to customer satisfaction, safety 
standards, and general flight, would slowly decline. We cannot add to 
such destruction by denying the FAA appropriate funds through the AATF. 
As the airline industry continues to grow and serve more and more 
Americans, it is our duty to the American people to ensure that the 
future of airport security, infrastructure and improvement, research 
and development, continue to develop to better serve our needs.
  For these reasons Mr. Speaker, I support H.R. 5611, the Airport and 
Airway Extension Act of 2010: Part II.
  Mr. DAVIS of Kentucky. Mr. Speaker, I yield back the balance of my 
time.
  Mr. LEWIS of Georgia. In closing, Mr. Speaker, I fully support H.R. 
5611. I urge my colleagues on both sides of the aisle to vote ``yes'' 
for this important legislation.
  Mr. Speaker, 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 Georgia (Mr. Lewis) that the House suspend the rules and 
pass the bill, H.R. 5611.
  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.

                          ____________________