[Congressional Record (Bound Edition), Volume 157 (2011), Part 10]
[Senate]
[Pages 13736-13739]
[From the U.S. Government Publishing Office, www.gpo.gov]




     SURFACE AND AIR TRANSPORTATION PROGRAMS EXTENSION ACT OF 2011

  Mr. REID. Mr. President, I move to proceed to H.R. 2887 under the 
terms of the previous order.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2887) to provide an extension of surface and 
     air transportation programs, and for other purposes.

  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I ask unanimous consent that the three votes 
that will come soon be limited to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, there will be 10 minutes of debate equally 
divided between the Senator from Kentucky, Mr. Paul, and the Senator 
from Nevada, Mr. Reid, or their designees.
  The PRESIDING OFFICER. The Senator from Kentucky.


                      Amendments Nos. 621 and 622

  Mr. PAUL. Mr. President, I ask unanimous consent to call up en bloc 
my amendments Nos. 621 and 622.
  The PRESIDING OFFICER. Without objection, the clerk will report the 
amendments by number.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] proposes en bloc 
     amendments numbered 621 and 622.

  Mr. PAUL. Mr. President, I ask unanimous consent that reading of the 
amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           Amendment No. 621

   (Purpose: To limit the amount authorized to be expended from the 
 Highway Trust Fund in any fiscal year to the amount anticipated to be 
       deposited into the Highway Trust Fund in that fiscal year)

       On page 38, line 24, strike ``(d)'' and insert the 
     following:
       (d) Limitation on Highway Trust Fund Expenditures.--
     Notwithstanding any other provision of law, the amount 
     authorized to be expended or transferred during a fiscal year 
     from the Highway Trust Fund, established under section 9503 
     of the Internal Revenue Code of 1986, may not exceed the 
     amount appropriated, transferred, or otherwise made available 
     to the Highway Trust Fund during such fiscal year, based on 
     estimates made by the Congressional Budget Office.
       (e)


                           Amendment No. 622

   (Purpose: To decrease the authorization of appropriations for the 
      Federal Aviation Administration to fiscal year 2008 levels)

       At the end of title II, add the following:

     SEC. 210. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL 
                   AVIATION ADMINISTRATION AT FISCAL YEAR 2008 
                   LEVELS.

       Notwithstanding the provisions of, or amendments made by, 
     this title, or any other provision of law, there are 
     authorized to be appropriated to the Federal Aviation 
     Administration for the period beginning on September 17, 
     2011, and ending on January 31, 2012, for all purposes (other 
     than for the Airport and Airway Trust Fund established under 
     section 9502 of the Internal Revenue Code of 1986) amounts 
     not to exceed the amounts authorized to be appropriated to 
     the Administration for the period beginning on September 17, 
     2007, and ending on January 31, 2008, for such purposes.

  Mr. PAUL. Mr. President, we are considering today the highway bill 
and the FAA bill. The highway bill is a trust fund. When we hear the 
words ``trust fund,'' we should have trust that money is only spent on 
highways. Unfortunately, that money has been spent through the years on 
other items. The same applies to the Social Security trust fund and 
with the Medicare trust fund. It is all sent to the General Treasury, 
and it is not protected.
  What I am asking today through this amendment to the highway bill is 
that we keep the trust fund separate and the trust fund spends only 
money that comes in from the gas tax. If we continue to spend money 
that is not coming in from the gas tax, this will be money borrowed 
from China or simply printed, and there are ramifications to borrowing 
$40,000 a second.

[[Page 13737]]

  So my amendment to the highway bill would say we only spend what 
comes in through taxes. I consider this to be responsible budgeting and 
what we should be doing and likely what we were probably obligated 
under the original trust agreement to do. So I urge passage of this 
amendment which would limit the highway trust fund to that amount of 
funds coming in through taxes.
  My second amendment is to the FAA bill. This amendment says spending 
in the FAA bill go to 2008 levels. Since 2008, spending in our 
government has gone up 25 percent. We are mounting a deficit of $1.5 
trillion. Our Nation's debt is $14 trillion. There are significant 
ramifications to incurring so much debt.
  The debt does have a face--it is the face of unemployment. Economists 
have said our debt burden is leading to our losing 1 million jobs a 
year; that 1 million people are out of work because of the debt we 
carry. Economists have also said this debt burden, when it is paid for 
through the printing of money, leads to higher prices in the stores. 
Our gas prices have doubled not because gas is more precious but 
because our dollar is less precious. Our dollar is less precious 
because we are paying for a debt by inflating the currency.
  What this amendment asks is that we go back to 2008 levels, which, 
believe it or not, if we did this through the entire government, will 
still not balance the budget. This is a modest proposal. It is the very 
least we can do if we believe in a responsible budget and that we must 
balance our budget.
  The second amendment would take spending to 2008 levels, and I 
encourage the Senate to pass these amendments.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, the majority leader has asked that Senator 
Rockefeller have 2\1/2\ minutes of the time that remains on our side, 
which shall be divided, and I will have the 2\1/2\ minutes to speak 
about the highway amendment, which I would share that, if he wants to, 
with Senator Inhofe. I ask unanimous consent that be the order.
  The PRESIDING OFFICER. Senator Reid has 5 minutes total under his 
control.
  Mrs. BOXER. That is what I said, 2\1/2\ minutes and 2\1/2\ minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. If I can clarify, I think the Senator from California 
is saying the highway bill will get 2\1/2\ minutes, and we will agree 
to split our time with the ranking members.
  Mrs. BOXER. That is correct.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, I rise in opposition--very strong 
opposition--to the Paul amendment. The Senate voted on this earlier 
this year and turned it down very emphatically. The Federal Aviation 
Administration, FAA, is taken for granted by some. They just assume 
there will always be money and everything can go on constantly. The 
Senate has rejected this.
  The FAA has raised very substantial concerns publicly--but more 
importantly, from my point of view, to me privately--that at all levels 
they will have to start compromising safety, although they will not 
intend to, and eventually we will put FAA at risk.
  It is a very bad and dangerous amendment--a mischievous amendment--
and it should be defeated.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I urge my colleagues not to support 
the Paul amendment on FAA. Although I understand what he is trying to 
do, to bring it down, this is a clean extension that has been passed by 
the House. The House has gone out for the weekend, and the FAA 
authorization lapses tomorrow. We have had a shutdown of the FAA in the 
last 6 weeks and it disrupts airport expansions, and it disrupts the 
FAA itself.
  We will work with Senator Paul to make sure we are doing everything 
we can to cut the FAA budget, but this is a clean 2011 extension, with 
no additions, and I urge my colleagues to support the bill without the 
amendment.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, if you can tell me when I have finished 
with 1\1/2\ minutes, please.
  The PRESIDING OFFICER. Yes.
  Mr. INHOFE. Point of inquiry, Mr. President. At some point I want 30 
seconds, if we can figure out how to do that.
  Mrs. BOXER. I will reserve the rest of the time for the Senator to 
close. So tell me when I have used that 1\1/2\ minutes, and the Senator 
will have 1 minute left.
  Today, Mr. President, was a very rough day for us to get to this 
moment. I thank everyone who came together to finally get this moving.
  Let me tell you why we are at a critical moment. We clearly have to 
keep the FAA going, and we are. I think we are going to win that 
amendment. On transportation, Senator Paul has offered an amendment 
that technically doesn't do anything, but it is his intent, as he said, 
to cut the funding by one-third.
  If that amendment were to pass, and if his intent was carried out, it 
would mean we would lose 608,000 jobs right away--608,000 jobs right 
away. We can't afford to do that.
  The funding is in this bill. There is no need to cut this bill. It is 
paid for, and we are ready to go. Republicans and Democrats on the 
Environment and Public Works Committee are in agreement on a clean 
extension.
  I thank my ranking member. As everyone knows, we do not see eye to 
eye on the environment, and that is an understatement.
  The PRESIDING OFFICER. The Senator has used her allotted time.
  Mrs. BOXER. On infrastructure, we are together. We want a clean 
extension. We fight for these jobs and these businesses.
  I thank the Chair, and I yield the remainder of my time to the 
ranking member.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. We have two amendments we are talking about now in a 
short period of time. First, I will support the FAA amendment. I think 
Senator Paul has a good idea.
  I would only say this: I want my Republican conservatives to listen 
carefully. This is totally different than any other bill because what 
this is--there is adequate money right now in the highway trust fund to 
carry out the existing spending until 2013. So I would only say that 
money is dedicated for that purpose, and it is going to be spent for 
that purpose. Anything that came from a source other than a gas tax was 
merely paid back from money borrowed out of the trust fund. So from a 
moral standpoint, this should be spent on infrastructure on the highway 
bill--on the extension. Then we will be able to talk about something 
more important, which is the bill coming up, and that will be the 
permanent one.
  So I think it is not going to make any difference. I will oppose it 
on concept because that money is dedicated for a purpose and paid for 
by people who believe we are going to improve our highways.
  The PRESIDING OFFICER. The Senator from Kentucky has 2 minutes.
  Mr. PAUL. Mr. President, I am satisfied, and I would ask for the yeas 
and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to Amendment No. 621.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Wisconsin (Mr. Kohl) is 
necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Florida (Mr. Rubio).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 14, nays 84, as follows:

[[Page 13738]]



                      [Rollcall Vote No. 136 Leg.]

                                YEAS--14

     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Crapo
     DeMint
     Johnson (WI)
     Kyl
     Lee
     McCain
     Paul
     Risch
     Toomey

                                NAYS--84

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Cornyn
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Kohl
     Rubio
  The PRESIDING OFFICER. On this vote, the yeas are 14, the nays are 
84. Under the previous order requiring 60 votes for the adoption of 
this amendment, the amendment is rejected.
  Under the previous order, the motion to reconsider is considered made 
and laid upon the table.


                       Vote on Amendment No. 622

  Under the previous order, the question is on agreeing to amendment 
No. 622, offered by the Senator from Kentucky, Mr. Paul.
  Mr. INHOFE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Wisconsin (Mr. Kohl) and 
the Senator from Louisiana (Ms. Landrieu) are necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Florida (Mr. Rubio) 
would have voted ``yes.''
  The PRESIDING OFFICER (Mr. Udall of Colorado). Are there any other 
Senators in the Chamber desiring to vote?
  The result was announced--yeas 36, nays 61, as follows:

                      [Rollcall Vote No. 137 Leg.]

                                YEAS--36

     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Kyl
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--61

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hoeven
     Hutchison
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Kohl
     Landrieu
     Rubio
  The PRESIDING OFFICER. On this vote the yeas are 36, the nays are 61. 
Under the previous order requiring 60 votes, the amendment is rejected.
  Under the previous order, the motion to reconsider is considered made 
and laid upon the table.
  Mr. LEVIN. Mr. President, I will vote for passage of H.R. 2887, a 
combined FAA and surface transportation extension bill.
  This legislation averts a damaging shutdown of either program. If we 
fail to extend these programs, it will mean layoffs and the loss of 
significant revenue to fund airport and road programs.
  The current FAA extension expires tomorrow and the current surface 
transportation extension expires at the end of the month, along with 
the authority to collect the Federal gas taxes that fund the Highway 
Trust Fund. Passing this bill quickly and extending the FAA 
reauthorization for 4 months and the surface transportation bill for 6 
months allows Congress more time to work out the issues that are 
holding up completing long-term reauthorizations.
  Just as important, it keeps thousands of workers on the job, 
supporting their families.
  Mr. HATCH. Mr. President, I want to explain my vote of the FAA 
extension.
  As I have said many times, I share House Transportation and 
Infrastructure Committee Chairman Mica's frustration, and the 
frustration of Republican leadership in both the House and the Senate, 
that favors to organized labor have overshadowed the prospects for 
long-term FAA reauthorization.
  Last year the National Mediation Board changed the rules under which 
employees of airlines and railroads are able to unionize. For decades 
the standard has been that a majority of employees would have to agree 
in an election to form a union. However, the new NMB rules changed that 
standard so that all it takes to unionize is a majority of employees 
voting. The NMB wants to permanently impose unionization with less than 
majority support.
  The House passed long-term FAA reauthorization bill includes language 
I strongly support that eliminates this favor for big labor.
  The enactment of a long-term FAA reauthorization bill is very 
important and is something we need to accomplish. However, the NMB 
issue needs to be resolved for long-term FAA reauthorization to occur. 
I will work with my colleagues on a resolution, but they should be on 
notice that avoiding the issue through 22 short-term extensions is no 
longer an alternative. I hope my friends have a restful weekend, but 
they shouldn't feel too relaxed even though we just extended the FAA 
for 4 months. We need to get back to work on a long-term FAA 
reauthorization bill right away.
  Mr. LEAHY. Mr. President, Senators Sanders, Lautenberg, Conrad, 
Gillibrand and I filed an amendment to provide an additional $2.5 
billion to the Federal Highway Administration's Emergency Relief Fund, 
which is woefully underfunded right now. In addition, our amendment 
would waive the $100 million per State cap on emergency funding, which 
has been done for previous disasters, and allow 100 percent Federal 
reimbursement for disaster repair work occurring more than 180 days 
after the disaster.
  Nearly 3 weeks ago, Vermont bore the full brunt of then-Tropical 
Storm Irene as it turned gentle mountain streams and valley rivers into 
raging torrents of destruction. Whole towns were cut off from the 
outside world. Homes, businesses, farms, water systems, and miles of 
roads and bridges were swept away. And some Vermonters lost their lives 
in these devastating floods.
  Roads, bridges, and rail lines all over the State have been wiped 
out. Flooding closed more than 300 town and State roads and damaged 
more than 30 bridges in Vermont, stranding people in more than a dozen 
towns for days. It is going to take years and years for my small State 
to recover.
  In the aftermath, it has been extremely difficult to move emergency 
supplies and rebuilding materials around, as some of the washed-out 
roads have gaping gullies in the middle that are 30 feet or more deep, 
and some of the reopened roads and bridges are not yet recommended for 
heavy traffic.
  The consequences have been harsh. Residents are forced to make 30-
mile-plus detours to the nearest grocery store or doctor--on mountain 
roads, some of them unpaved. Businesses are

[[Page 13739]]

struggling to reopen and find customers. Schools have been forced to 
remain closed until repairs are made. And tourists are worried about 
traveling to Vermont this fall to see the foliage or this winter to do 
some skiing.
  Our small State is stretched to the limit right now. Winter is fast 
approaching, which means the end of the construction season is near. By 
November it will be too cold to lay asphalt, and by December snow and 
ice will cover the mountains, leaving many towns dangerously isolated. 
We need to make more permanent repairs as soon as possible or future 
rains and the fall's freeze-thaw cycle will further deteriorate our 
roads and make them all but impassable this winter. With just weeks to 
accomplish so much, we need the full and immediate support of FEMA, the 
Department of Transportation, and many other Federal agencies.
  Earlier natural disasters across the Nation have drawn down our 
emergency fund accounts, jeopardizing the ability to respond in those 
States, as well as the newly stricken States such as Vermont. FEMA has 
less than $400 million in its disaster account for the rest of fiscal 
year 2011, and the Federal Highway Administration's disaster account is 
under $200 million. On top of that, the Federal highway account already 
has over $1 billion in backlogged projects waiting for funding. Since 
damage to Vermont's Federal-aid roads and bridges alone will exceed 
half a billion dollars, it is unclear whether the $2.5 billion we 
propose in this amendment will even cover all of the costs for declared 
disasters including Irene. But it is a good start.
  We must act quickly to replenish FEMA's disaster relief fund, Federal 
highway's emergency road fund, and a variety of other disaster accounts 
that are at dangerously low levels right now. Without additional 
funding to these and other emergency accounts, Vermont and all of the 
other 49 States with ongoing Federal disasters will not have the 
resources they need to rebuild.
  Thousands of American families and businesses have been devastated by 
an unprecedented series of floods, tornadoes, hurricanes, wildfires, 
and other natural disasters this year. The people hurting out there are 
desperate for a helping hand from their fellow Americans. Given the 
breadth and depth of Irene's destruction, on top of the ongoing 
disasters already declared in all 50 States, we must ensure that FEMA, 
the Department of Transportation, and all of the other Federal agencies 
involved in disaster-relief efforts have the resources they need to 
help our citizens in their desperate time of need.
  The PRESIDING OFFICER. The question is on the third reading of the 
bill.
  The bill was ordered to a third reading and was read the third time.
  The PRESIDING OFFICER. Under the previous order, the bill having been 
read the third time, the question is, Shall the bill pass?
  Mrs. FEINSTEIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Wisconsin (Mr. Kohl), is 
necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: The Senator 
from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Florida (Mr. Rubio) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 6, as follows:

                      [Rollcall Vote No. 138 Leg.]

                                YEAS--92

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Kerry
     Kirk
     Klobuchar
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--6

     Coburn
     DeMint
     Johnson (WI)
     Lee
     Paul
     Toomey

                             NOT VOTING--2

     Kohl
     Rubio
  The bill (H.R. 2887) was passed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table.
  The Senator from Wyoming.

                          ____________________