[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[House]
[Pages 267-270]
[From the U.S. Government Publishing Office, www.gpo.gov]




                AIRPORT AND AIRWAY EXTENSION ACT OF 2012

  Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3800) 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. 3800

       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 2012''.

     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 
     ``January 31, 2012'' and inserting ``February 17, 2012''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such 
     Code is amended by striking ``January 31, 2012'' and 
     inserting ``February 17, 2012''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``January 31, 2012'' and 
     inserting ``February 17, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on February 1, 2012.

[[Page 268]]



     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 ``February 1, 2012'' and inserting 
     ``February 18, 2012''; and
       (2) by inserting ``or the Airport and Airway Extension Act 
     of 2012'' 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 ``February 1, 2012'' and 
     inserting ``February 18, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on February 1, 2012.

     SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

       (a) Authorization of Appropriations.--
       (1) In general.--Section 48103(9) of title 49, United 
     States Code, is amended to read as follows:
       ``(9) $1,344,535,519 for the period beginning on October 1, 
     2011, and ending on February 17, 2012.''.
       (2) Obligation of amounts.--Subject to limitations 
     specified in advance in appropriation Acts, sums made 
     available for a portion of fiscal year 2012 pursuant to the 
     amendment made by paragraph (1) may be obligated at any time 
     through September 30, 2012, and shall remain available until 
     expended.
       (b) Project Grant Authority.--Section 47104(c) of such 
     title is amended by striking ``January 31, 2012,'' and 
     inserting ``February 17, 2012,''.

     SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

       (a) Section 40117(l)(7) of title 49, United States Code, is 
     amended by striking ``February 1, 2012.'' and inserting 
     ``February 18, 2012.''.
       (b) Section 41743(e)(2) of such title is amended by 
     striking ``and $2,016,393 for the portion of fiscal year 2012 
     ending before February 1, 2012,'' and inserting ``and 
     $2,295,082 for the portion of fiscal year 2012 ending before 
     February 18, 2012,''.
       (c) Section 44302(f)(1) of such title is amended--
       (1) by striking ``January 31, 2012,'' and inserting 
     ``February 17, 2012,''; and
       (2) by striking ``April 30, 2012,'' and inserting ``May 17, 
     2012,''.
       (d) Section 44303(b) of such title is amended by striking 
     ``April 30, 2012,'' and inserting ``May 17, 2012,''.
       (e) Section 47107(s)(3) of such title is amended by 
     striking ``February 1, 2012.'' and inserting ``February 18, 
     2012.''.
       (f) Section 47115(j) of such title is amended by striking 
     ``February 1, 2012,'' and inserting ``February 18, 2012,''.
       (g) Section 47141(f) of such title is amended by striking 
     ``January 31, 2012.'' and inserting ``February 17, 2012.''.
       (h) Section 49108 of such title is amended by striking 
     ``January 31, 2012,'' and inserting ``February 17, 2012,''.
       (i) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``February 1, 2012,'' and inserting ``February 18, 
     2012,''.
       (j) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``February 1, 2012,'' and inserting ``February 
     18, 2012,''.
       (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is 
     amended by striking ``January 31, 2012.'' and inserting 
     ``February 17, 2012.''.

     SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

       Section 106(k)(1)(H) of title 49, United States Code, is 
     amended to read as follows:
       ``(H) $3,692,555,464 for the period beginning on October 1, 
     2011, and ending on February 17, 2012.''.

     SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a)(8) of title 49, United States Code, is 
     amended to read as follows:
       ``(8) $1,044,541,913 for the period beginning on October 1, 
     2011, and ending on February 17, 2012.''.

     SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a)(16) of title 49, United States Code, is 
     amended to read as follows:
       ``(16) $64,092,459 for the period beginning on October 1, 
     2011, and ending on February 17, 2012.''.

     SEC. 9. ESSENTIAL AIR SERVICE.

       Section 41742(a)(2) of title 49, United States Code, is 
     amended by striking ``and $50,309,016 for the period 
     beginning on October 1, 2011, and ending on January 31, 
     2012,'' and inserting ``and $54,699,454 for the period 
     beginning on October 1, 2011, and ending on February 17, 
     2012,''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Petri) and the gentleman from Illinois (Mr. Costello) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. PETRI. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill, H.R. 3800.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  I would like to include in the Congressional Record an exchange of 
letters between the Committee on Ways and Means and the Committee on 
Transportation and Infrastructure concerning H.R. 3800.
  I am pleased to report that we are currently in the final 
negotiations of completing an FAA reauthorization bill with the Senate, 
with only a few open issues left to be resolved. I am confident that we 
will be able to complete negotiations and produce a conference report 
in the very near future.
  However, given the congressional schedule and the limited legislative 
days before FAA's current authority expires, we will not be able to 
consider the final agreement on the conference report until February. 
Since current funding expires at the end of this month, it is necessary 
for us to pass a clean, short-term extension of the FAA's funding and 
programs through February 17 at current funding levels.
  This extension is a prudent precaution to ensure that the FAA is able 
to continue its funding and programs while negotiations are completed 
and the House and Senate consider the FAA conference report.

                                         House of Representatives,


                                  Committee on Ways and Means,

                                 Washington, DC, January 24, 2012.
     Hon. John Mica,
     Chairman, Committee on Transortation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
       Dear Chairman Mica: I am writing concerning H.R. 3800, the 
     ``Airport and Airway Extension Act of 2012'' which is 
     expected to be scheduled for floor consideration this week.
       As you know, the Committee on Ways and Means has 
     jurisdiction over the Internal Revenue Code. Sections 2 and 3 
     of this bill amend the Internal Revenue Code of 1986 by 
     extending the current Airport and Airway Trust Fund (AATF) 
     expenditure authority and the associated Federal excise taxes 
     to February 17, 2012. In order to expedite H.R. 3800 for 
     Floor consideration, the Committee will forgo action on the 
     bill. This is being done with the understanding that it does 
     not in any way prejudice the Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this or similar legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 3800, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during Floor 
     consideration.
           Sincerely,
                                                        Dave Camp,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                 Washington, DC, January 24, 2012.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     3800, the ``Airport and Airway Extension Act of 2012.'' The 
     Committee on Transportation and Infrastructure recognizes the 
     Committee on Ways and Means has a jurisdictional interest in 
     H.R. 3800, and I appreciate your effort to facilitate 
     consideration of this bill.
       I concur with you that forgoing action on H.R. 3800 does 
     not in any way prejudice the Committee on Ways and Means with 
     respect to its jurisdictional prerogatives on this bill or 
     similar legislation in the future, and I would support your 
     effort to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this 
     legislation.
       I will include our letters on H.R. 3800 in the 
     Congressional Record during House Floor consideration of the 
     bill. Again, I appreciate your cooperation regarding this 
     legislation and I look forward to working with the Committee 
     on Ways and Means as the bill moves through the legislative 
     process.
           Sincerely,
                                                     John L. Mica,
                                                         Chairman.

  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 3800, the Airport and Airway Extension Act 
of 2012. This bill contains a clean extension of the Federal Aviation 
Administration's authority to spend from the Airport and Airway Trust 
Fund to carry out

[[Page 269]]

airport improvement projects at current funding levels through February 
17, 2012.
  Mr. Speaker, this short-term extension will hopefully provide us 
enough time for the House Republican leadership to finally appoint 
conferees to the FAA reauthorization bill, which we passed almost a 
year ago, work through the remaining policy issues with the other body, 
and send a comprehensive bill to the President.
  Although this has been an unnecessarily difficult and controversial 
process during the first session of the 112th Congress to move the 
multiyear FAA reauthorization measure, I'm pleased that the House and 
Senate leadership recognized the importance of getting a bill completed 
and stepped in to help in the process.
  While I will reserve judgment on a final conference report, it 
appears as though we are making progress, and we certainly need to 
avoid a repeat of the disastrous outcome that occurred this summer when 
the FAA was partially shut down for 2 weeks, costing taxpayers almost 
$400 million in lost revenue for infrastructure investment. As we move 
to conference, we need to enact a fair and comprehensive bill that 
creates jobs, furthers aviation safety, and advances our transition to 
the Next Generation Air Transportation System.
  Mr. Speaker, I support this short-term FAA extension in the interest 
of preventing another FAA shutdown in order to give us a few more weeks 
to produce a bipartisan reauthorization conference report that the 
President can sign into law.
  Mr. Speaker, I urge my colleagues to support H.R. 3800, the Airport 
and Airway Extension Act of 2012, and I reserve the balance of my time.
  Mr. PETRI. Does the gentleman have any further requests for time?
  Mr. COSTELLO. Mr. Speaker, we have one speaker.
  Mr. PETRI. I will continue to reserve the balance of my time.
  Mr. COSTELLO. At this time, I yield 2 minutes to the gentlelady from 
the District of Columbia (Ms. Norton), a valued member of the 
Transportation and Infrastructure Committee.
  Ms. NORTON. I thank the gentleman from Illinois. This compromise only 
reminds me of how much I regret that he has decided to retire. He was 
such a valuable chair of our subcommittee and member of the 
Transportation and Infrastructure Committee. I can only wish him all 
the good fortune his extraordinarily productive years in the Congress 
have earned him.

                              {time}  1310

  But I thank both sides of the aisle for this short-term extension, 
short-term, I am assured, to wrap up some details. This is a bill that 
is really a great deal more bipartisan than it would appear. Yes, there 
were some tough items, as in any piece of major legislation.
  I do regret the major reason for the standoff. This bill, it seems to 
me, could have been before us long ago but for at least one provision 
which could have been settled, and that was the provision in the bill 
that would have insisted that no-shows be counted in labor elections, 
the no-shows be counted as for one side or the other. And in this case, 
they would have been counted as a ``no'' vote against joining the 
union.
  You know, you could argue just the opposite, that if you really were 
against the union, you're the ones who show up. So it seems to me that 
was a thumb on the scale, but you don't know how it would come out. And 
some kind of compromise has been reached on that. I will have to wait 
on that compromise. But I'm very pleased that we've moved ahead on a 
compromise because the President had said over and over again he was 
going to veto the bill if it had that provision in it. So since we knew 
it was going to be vetoed, it was up to us to get to a compromise much 
earlier and to get on to other tough issues in the bill. And I 
recognize that more time is needed on those issues.
  One of those issues, by the way, has to do with just how much traffic 
we are going to tolerate at Reagan Airport, with the idea that if an 
individual Member from the west coast would prefer the convenience of 
landing at Reagan, then the whole bill should bend in that way. I ask 
that we consider----
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. COSTELLO. I yield another 1 minute to the gentlewoman.
  Ms. NORTON. So, in winding up the bill, I ask that we keep in mind 
the fact that a very fragile compromise has been reached to allow the 
three other airports in this region and the economic assumptions 
involved to divide up the air traffic as has been allowed.
  I also want to say that when we get to these union provisions, do 
remember that in every society, one of the cardinal tests of whether or 
not you have a free society is whether there is a right to organize a 
union.
  Mr. PETRI. I yield such time as he may consume to our colleague from 
Texas, Representative Farenthold.
  Mr. FARENTHOLD. Mr. Speaker, I rise today to do something that I 
don't particularly like to do, supporting in kicking the can down the 
road another time. But I'm excited about kicking the can down the road 
this time. We've had 23 extensions of the FAA bill, but this time, as 
we kick the can down the road, we actually see the end of the road.
  The Transportation and Infrastructure Committee has worked in a 
bipartisan manner to come up with a bill that I think is going to be 
phenomenal once we get it out of the House and Senate conferees. It's 
taken some time to get us to the point where we can find the 
efficiencies and savings that we need and continue to provide the level 
of service we expect in our air transportation system in this country. 
My fear is we're going to come up with this bipartisan bill and it's 
going to get stalled again though.
  As we stand here on the eve of the State of the Union address, we 
have the politics of a do-nothing Congress. I hope that that narrative 
doesn't stop this bill from moving forward as it comes up and we don't 
have to extend this again.
  This is something we've been able to do in a bipartisan nature. 
Historically, transportation bills have been bipartisan. Let's not let 
this get stopped and have to kick the can down the road. Let's get our 
conferees done. Let's get this passed.
  I urge everybody, my colleagues, to support this extension. Let's 
make it the last and get the long-term bill passed for the betterment 
of this country and everyone in it.
  Mr. COSTELLO. I continue to reserve the balance of my time.
  Mr. PETRI. I yield such time as he may consume to the chairman of the 
full Transportation and Infrastructure Committee, our colleague from 
the State of Florida, John Mica.
  Mr. MICA. Mr. Speaker, I want to thank Chairman Petri, our chair of 
the Aviation Subcommittee. I see Mr. Costello, the ranking member, 
former chair of the subcommittee. Thank you for your work.
  We're here to extend FAA for the 23rd time. The consequences of that 
can, I hope, be positive, that we can conclude this long overdue and 
very important authorization.
  Members of Congress, we must authorize every program. That's part of 
our constitutional responsibility.
  I had the privilege, when I chaired the Aviation Subcommittee, to 
write a lot of what was in the last bill which we authored in 2003. It 
expired in 2007. The other side of the aisle had 4 years in which they 
controlled the body, 2 of which they controlled every branch of 
government, and were unable to pass that. They passed 17 extensions. 
We've had to pass--it will now be five--but we can get this done. This 
should be a bipartisan and must be a bicameral jobs bill.
  The aviation industry in our country accounts for between 7 and 8 
percent of our gross domestic national economic activity, and for us 
not to have passed an authorization that updates the safety, all of the 
programs, the next generation of air traffic control, things that are 
so important to have a dynamic industry, and then an area of our 
economy that we have led in in the world. The biggest area of exports 
is

[[Page 270]]

aviation. That's huge for jobs in this country.
  So this is going to be the last extension. It's done in, again, a 
bipartisan effort to conclude the negotiation.
  Let me say in conclusion, there are some tough issues on labor that 
have held us up--4 years with the Democrats, the last year with us--and 
I want to commend Speaker Boehner for his leadership working with the 
leadership of the Senate. The Speaker and his staff and others have 
worked day and night through the holidays and right up to now to 
conclude what I think is a very fair compromise. And it must be a 
compromise.
  This is part of our business is to do the best business we can for 
the American people and getting this economy working and getting in 
place the framework for one of the most important aspects of our 
industry. If we want to see Americans back to work, we'll pass this 
legislation by the 17th of February, and then we'll come back in the 
next week or two, and we will pass a long-term infrastructure 
transportation measure, and we will and we can get Americans working.
  So I ask for continued cooperation to complete this important 
process.
  Mr. PETRI. I have no further requests for time, and reserve the 
balance of my time.
  Mr. COSTELLO. Mr. Speaker, let me commend Chairman Mica and Chairman 
Petri for working in a bipartisan way. We've attempted to work with the 
other body in working on an agreement. We are very close to agreement. 
As I said in my statement, I reserve judgment on the final conference 
agreement, but I certainly want to commend our friends on the other 
side of the aisle for working to move this legislation forward.
  With that, I urge the passage of this legislation, and I yield back 
the balance of my time.

                              {time}  1320

  Mr. PETRI. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules 
and pass the bill, H.R. 3800.
  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.

                          ____________________