Congressional Record (Bound Edition), Volume 156 (2010), Part 3 - FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[House]
[Pages 3696-3701]
[From the U.S. Government Publishing Office, www.gpo.gov]

FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010

Mr. COSTELLO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4853) 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. 4853

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 2010''.

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, 2010'' and inserting ``July 3, 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 ``March
31, 2010'' and inserting ``July 3, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``March 31, 2010'' and inserting
``July 3, 2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 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 ``April 1, 2010'' and inserting ``July 4,
2010''; and
(2) by inserting ``or the Federal Aviation Administration
Extension Act of 2010'' 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, 2010'' and
inserting ``July 4, 2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 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) $3,024,657,534 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.
(2) Obligation of amounts.--Sums made available pursuant to
the amendment made by paragraph (1) may be obligated at any
time through September 30, 2010, and shall remain available
until expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United
States Code, for the period beginning on October 1, 2009, and
ending on July 3, 2010, the Administrator of the Federal
Aviation Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by \89/365\--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b) and
47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such
title is amended by striking ``March 31, 2010,'' and
inserting ``July 3, 2010,''.

[[Page 3697]]

SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is
amended by striking ``April 1, 2010.'' and inserting ``July
4, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``March 31, 2010,'' and inserting ``July 3,
2010,''; and
(2) by striking ``June 30, 2010,'' and inserting
``September 30, 2010,''.
(c) Section 44303(b) of such title is amended by striking
``June 30, 2010,'' and inserting ``September 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by
striking ``April 1, 2010.'' and inserting ``July 4, 2010.''.
(e) Section 47115(j) of such title is amended by striking
``April 1, 2010,'' and inserting ``July 4, 2010,''.
(f) Section 47141(f) of such title is amended by striking
``March 31, 2010.'' and inserting ``July 3, 2010.''.
(g) Section 49108 of such title is amended by striking
``March 31, 2010,'' and inserting ``July 3, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by
striking ``April 1, 2010,'' and inserting ``July 4, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended
by striking ``April 1, 2010,'' and inserting ``July 4,
2010,''.
(j) The amendments made by this section shall take effect
on April 1, 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) $7,070,158,159 for the period beginning on October 1,
2009, and ending on July 3, 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) $2,220,252,132 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.

SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a)(14) of title 49, United States Code, is
amended to read as follows:
``(14) $144,049,315 for the period beginning on October 1,
2009, and ending on July 3, 2010.''.

SEC. 9. EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED
SURFACE TRANSPORTATION PROGRAMS.

(a) Short Title.--This section may be cited as the
``Surface Transportation Extension Modification Act of
2010''.
(b) Modification of Allocation Rules.--Section 411(d) of
the Surface Transportation Extension Act of 2010 is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``1301, 1302,''; and
(ii) by striking ``1198, 1204,''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i) by striking
``apportioned under sections 104(b) and 144 of title 23,
United States Code,'' and inserting ``specified in section
105(a)(2) of title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking ``apportioned under such
sections of such Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority projects
program)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``1301, 1302,''; and
(ii) by striking ``1198, 1204,''; and
(B) in subparagraph (A)--
(i) in the matter preceding clause (i) by striking
``apportioned under sections 104(b) and 144 of title 23,
United States Code,'' and inserting ``specified in section
105(a)(2) of title 23, United States Code (except the high
priority projects program),''; and
(ii) in clause (ii) by striking ``apportioned under such
sections of such Code'' and inserting ``specified in such
section 105(a)(2) (except the high priority projects
program)''; and
(3) by adding at the end the following:
``(5) Projects of national and regional significance and
national corridor infrastructure improvement programs.--
``(A) Redistribution among states.--Notwithstanding
sections 1301(m) and 1302(e) of SAFETEA-LU (119 Stat. 1202
and 1205), the Secretary shall apportion funds authorized to
be appropriated under subsection (b) for the projects of
national and regional significance program and the national
corridor infrastructure improvement program among all States
such that each State's share of the funds so apportioned is
equal to the State's share for fiscal year 2009 of funds
apportioned or allocated for the programs specified in
section 105(a)(2) of title 23, United States Code.
``(B) Distribution among programs.--Funds apportioned to a
State pursuant to subparagraph (A) shall be--
``(i) made available to the State for the programs
specified in section 105(a)(2) of title 23, United States
Code (except the high priority projects program), and in the
same proportion for each such program that--

``(I) the amount apportioned to the State for that program
for fiscal year 2009; bears to
``(II) the amount apportioned to the State for fiscal year
2009 for all such programs; and

``(ii) administered in the same manner and with the same
period of availability as funding is administered under
programs identified in clause (i).''.
(c) Expenditure Authority From Highway Trust Fund.--
Paragraph (1) of section 9503(c) of the Internal Revenue Code
of 1986, as amended by the Surface Transportation Extension
Act of 2010, is amended by striking ``in effect on the date
of the enactment of such Act)'' and inserting ``in effect on
the later of the date of the enactment of such Act or the
date of the enactment of the Surface Transportation Extension
Modification Act of 2010)''.
(d) Effective Date.--The amendments made by this section
shall take effect upon the enactment of the Surface
Transportation Extension Act of 2010 and shall be treated as
being included in that Act at the time of the enactment of
that Act.

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

General Leave

Mr. COSTELLO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and to include extraneous materials on H.R. 4853.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. COSTELLO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 4853, the Federal Aviation
Administration Extension Act of 2010. I want to thank Chairman Levin
and Ranking Member Camp, as well as Chairman Oberstar and Ranking
Members Mica and Petri for bringing this to the floor today.
The FAA has been operating under a series of short-term extensions
for 2\1/2\ years since the last FAA reauthorization bill expired.
Short-term extensions and uncertain funding levels can be disruptive to
the aviation industry, airports, and local communities because they do
not allow them to plan for long-term growth. Frankly, every month that
goes by without a long-term FAA authorization is a lost opportunity to
improve aviation safety and security and to create and maintain jobs
around the country.
Madam Speaker, the House did its job and passed H.R. 915, the FAA
Reauthorization Act of 2009, a 3-year authorization of FAA programs.
For 8 months, we have been waiting on the other body to bring a bill to
the floor and pass it. The Senate bill is now being debated in the
other body, and we look forward to passage of that bill so that we can
complete our work and begin with the reauthorization of the FAA bill.
However, the Airport and Airways Trust Fund will expire on March 31,
2010, and the bill before us today, H.R. 4853, extends aviation taxes
and expenditure authority, and the Airport Improvement Program contract
authority, until July 3, 2010.
H.R. 4853 also provides for a total of $3 billion in AIP contract
authority through early July, which translates to an annualized amount
of $4 billion for fiscal year 2010. This level of funding is consistent
with the annual levels provided by the House and the Senate
reauthorization bills, as well as the fiscal year 2010 concurrent
budget resolution. These additional funds will allow airports to
continue critical safety and capacity enhancement projects.
Additionally, the bill provides $7 billion for FAA operations, $2.2
billion for facility and equipment programs, and $144 million for
research, engineering, and development programs. When translated to
yearly amounts, these figures equal the funding levels passed for these
programs by the fiscal year 2010 Consolidated Appropriations Act.
In addition, the 3-month bill extends aviation excise taxes through
July 3, 2010. These taxes are necessary to support the Airport and
Airways Trust Fund, which funds a large portion of the FAA's budget.
Any lapse in these taxes could drain the trust fund's balance, so it is
important that we act now, pending the passage of a longer-term
reauthorization bill.

[[Page 3698]]

Aviation is too 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 reduce delays and
congestion, improve safety and efficiency, stimulate the economy, and
create jobs.
I urge my colleagues to support the bill.
I reserve the balance of my time.
Mr. PETRI. Madam Speaker, in the 110th Congress, the House passed the
FAA Reauthorization Act of 2007, H.R. 2881. That bill reauthorized the
FAA for 4 years. In May of last year, the House voted again to pass a
comprehensive reauthorization bill, H.R. 915, the FAA Reauthorization
Act of 2009.
In just the last week, the Senate has begun consideration of their
FAA reauthorization bill, and it looks quite possible that the two
Chambers will soon begin negotiations to reconcile each of their bills.
However, this reconciliation process will take time. Given that the
current FAA extension expires at the end of this month, we need to
again extend the FAA's taxes and authorities to allow time to get a
final, conferenced FAA bill.
H.R. 4853 would extend the taxes, programs, and funding of the FAA
through July 3 of this year. This bill extends FAA funding and contract
authority for just over 3 months, provides $3 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.
H.R. 4853 will ensure that our National Airspace System continues to
operate until a full FAA reauthorization can be enacted.
So 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 aviation
infrastructure. Modernizing our antiquated air traffic control system
and repairing our crumbling infrastructure need to be at the top of our
priorities.
While I'm disappointed that the FAA has gone so long without a
comprehensive reauthorization, I support this extension as the best
alternative to keep the FAA and the National Airspace System running
safely and efficiently until we can take up and pass a bipartisan and
bicameral bill. It seems that we are closer to this goal than ever
before, at least in recent Congresses.
H.R. 4853 also includes a provision that will change the way funding
is distributed for the Projects of National and Regional Significance
program and the National Corridor Infrastructure program in the surface
transportation extension that the Senate passed this morning.
In its current form, this surface extension bill would prevent 22
States from receiving any funding and would direct 56 percent of the
funding to just four States: California, Louisiana, Illinois, and
Washington. This fix ensures that the funding for those two programs is
distributed to all States through the existing Federal-aid highway
formula. And I commend the people who are responsible for that fix.
With that, I urge my colleagues to support the bill, H.R. 4853.
I reserve the balance of my time.
Mr. COSTELLO. At this time, Madam Speaker, I recognize our friend who
is a member of the subcommittee, the gentleman from California (Mr.
Garamendi).
Mr. GARAMENDI. Madam Speaker, I'm going to fly home hopefully later
this weekend, and it is surely important to me that the FAA continues
to do what it must do to keep the air safe. And I want to commend the
minority as well as the Chair for this extension.
But beyond the extension, there is another extremely important
element in this bill, and that is straightening out the funding for
transportation. Mr. Oberstar worked a miracle and actually managed to
give California less of more, which took a while for me to understand.
But the reality is that by being able to work out a compromise with the
Senate, we are going to be able to move the transportation programs
forward. It's a great example of what can be done with some good
leadership working both sides of the aisle.
I want to commend the bill to all of us and move this thing along so
that we can fly home safely when we get the health care bill done and
go home and tell our constituents about a good highway transportation
program that's been put together.
Mr. PETRI. I reserve the balance of my time.
Mr. COSTELLO. At this time, Madam Speaker, I would yield 2 minutes to
a member of the full committee, Mr. Sires from New Jersey.
Mr. SIRES. Madam Speaker, I rise today in strong support of H.R.
4853, the Federal Aviation Administration Extension Act of 2010. This
legislation would extend the FAA's aviation programs and taxes for 3
more months, through July 3, 2010.
Funding authorization for aviation programs expired at the end of
fiscal year 2007, and since then, 11 extensions have been passed.
Although the House passed Chairman Oberstar's bill, H.R. 915, the FAA
Reauthorization Act of 2009, on May 21, 2009, the Senate has not acted
on this legislation. Passage of a comprehensive reauthorization bill is
necessary, but for the time being, we must once again pass an extension
reauthorizing the FAA's aviation programs.
Included in this bill are also two very important surface
transportation provisions. These provisions would alleviate concerns
raised by Members of the House earlier this month when we passed the
House amendments to the Senate amendments of the HIRE Act.
Specifically, section 9 of this bill will amend the HIRE Act and
resolve House concerns with the formula of distributing highway funding
in the HIRE Act.
This bill would share among all States the $932 million for projects
of national and regional significance and the national corridor
programs.
Under the Senate's bill, four States would automatically receive 58
percent of this funding and 22 States would receive no funding at all.
Under this bill, all States will be allowed to compete for these
programs.
This bill also distributes additional bonus formula funds to 13
current State highway formula programs, as opposed to only six of the
highway formula programs. While the Senate Surface Transportation Act
Extension Act skewed highway formula funding to certain States, this
bill acts as a remedy. Additionally, these two surface transportation
provisions would put into law Majority Leader Reid's commitment to
rectify the two differences between the House and the Senate
transportation extension bills.
Madam Speaker, I urge my colleagues to join me in passing the FAA
Extension Act, which includes several important provisions.

{time} 1545

Mr. PETRI. I reserve the balance of my time.
Mr. COSTELLO. Madam Speaker, at this time I recognize for such time
as he may consume the chairman of the full Transportation Committee,
Chairman Oberstar.
Mr. OBERSTAR. Madam Speaker, I thank the chair of the Aviation
Subcommittee, Mr. Costello. He has already well and duly explained the
FAA authorization extension that is before us at this moment. I want to
address, as Mr. Petri has done, as Mr. Garamendi and Mr. Sires have
done, the other provision in this bill.
When we passed the Hiring Incentives to Restore Employment Act a time
ago, the legislation then was sent back by the Senate with some changes
in the highway funding formula that I felt were unfair, unjust,
unnecessary; and I held up House consideration of the bill until we
could reach an agreement with the other body.
As I went on to explain in meetings of the caucus, meetings with our
committee members on both sides of the aisle, the Senate version of
this bill directed major highway discretionary program funding to a
select group of States: four would get 58 percent of the funding; 22
States get nothing; the other 20 got dribbles.

[[Page 3699]]

That formulation would provide a permanent windfall for those four
States. And not just a one-time shot but a long-term windfall, because
it would skew underlying highway formulas, changing the baseline for
those four States that got the lion's share of the money.
After a good deal of discussion and consideration, I had a
conversation with my very good friend from the time he served in the
House. Senate Majority Leader Harry Reid pointed out that there was
$932 million in discretionary highway funds that we had formulated one
way in the bill we passed in December. The Senate has now taken that
language and skewed it in a different direction, and that is the wrong
thing to do and will change from our provision in the December bill
that distributed that $932 million in discretionary funding to the
Secretary to fold it into the regular highway formula for all of the
States on a proportional basis, rather than just the 29 States that had
programs and projects of national and regional significance and
national corridor infrastructure improvement programs. That included my
State of Minnesota, which would have benefited from the windfall of the
Senate formula.
I could have just said nothing, sat on my hands, let it go. It is a
very arcane, very complex formula. Few people would have understood it.
But it was the wrong thing to do. It was the wrong way to hijack the
House bill and hijack these funds and just simply allocate them to few
States.
Furthermore, the language, the provision in the other body's
legislation designated seven programs as second-tier programs and
further rated those funds--the Appalachia Development Highway System,
the Rail Highway Grade Crossing, the Equity Bonus Program, Recreational
Trail, Safe Routes to School, Coordinated Border Infrastructure, and
the Metropolitan Planning programs--relegated them to a second-tier
status, and denies them the opportunity to receive additional funding
during the extension period and weakens their standing during the long-
term authorization. That is wrong.
I explained it to Senator Reid. He fully understood it. I proposed an
exchange of letters, which he did, and he said, ``We will agree to the
adjustment,'' as proposed in the formula that I set forth and which I
will include in the Record at this point, including the exchange of
letters with Senator Reid, and our committee summary explanation of
this provision.

HIGHWAY AND BRIDGE FORMULA FUNDING BY STATE UNDER SURFACE TRANSPORTATION EXTENSION ACTS, HIRE ACT VS. SURFACE
TRANSPORTATION MODIFICATION ACT OF 2010, MARCH 17, 2010
[37 States Fare Better under the Surface Transportation Modification Act of 2010; 14 States Fare Better under
the HIRE Act]
----------------------------------------------------------------------------------------------------------------
Increase
Surface (decrease)
Transportation under Surface
State HIRE Act\1\ Modification Transportation
Act\2\ Modification
Act
----------------------------------------------------------------------------------------------------------------
Alabama.................................................... $1,160,135,018 $1,178,768,813 $18,633,795
Alaska..................................................... 698,820,601 702,234,406 3,413,805
Arizona.................................................... 1,119,833,846 1,137,317,569 17,483,723
Arkansas................................................... 780,938,283 757,601,098 (23,337,185)
California................................................. 5,540,834,984 5,348,478,144 (192,356,840)
Colorado................................................... 808,562,089 808,216,244 (345,845)
Connecticut................................................ 771,124,583 774,468,106 3,343,523
Delaware................................................... 254,115,413 258,166,183 4,050,770
Dist. of Col............................................... 241,637,283 226,506,326 (15,130,958)
Florida.................................................... 2,901,459,068 2,948,516,502 47,057,434
Georgia.................................................... 1,990,475,595 2,022,248,870 31,773,275
Hawaii..................................................... 258,011,916 262,133,940 4,122,024
Idaho...................................................... 436,473,412 443,558,991 7,085,579
Illinois................................................... 2,133,468,322 2,014,527,598 (118,940,724)
Indiana.................................................... 1,454,478,215 1,473,826,863 19,348,649
Iowa....................................................... 721,928,309 731,252,426 9,324,118
Kansas..................................................... 582,189,917 591,518,358 9,328,441
Kentucky................................................... 1,012,890,986 1,027,305,950 14,414,964
Louisiana.................................................. 1,045,633,419 1,002,664,600 (42,968,819)
Maine...................................................... 280,240,625 284,757,226 4,516,601
Maryland................................................... 918,077,359 930,393,685 12,316,326
Massachusetts.............................................. 935,232,711 950,187,222 14,954,511
Michigan................................................... 1,628,896,250 1,649,577,451 20,681,201
Minnesota.................................................. 969,838,993 960,370,670 (9,468,323)
Mississippi................................................ 730,280,701 740,066,612 9,785,911
Missouri................................................... 1,422,349,455 1,444,428,478 22,079,023
Montana.................................................... 595,326,967 604,421,087 9,094,120
Nebraska................................................... 439,714,255 446,827,117 7,112,863
Nevada..................................................... 509,981,437 517,716,094 7,734,658
New Hampshire.............................................. 255,499,273 259,619,857 4,120,584
New Jersey................................................. 1,522,180,325 1,521,313,478 (866,848)
New Mexico................................................. 558,845,157 564,388,783 5,543,626
New York................................................... 2,585,021,983 2,601,114,874 16,092,891
North Carolina............................................. 1,597,585,980 1,623,405,549 25,819,569
North Dakota............................................... 376,542,187 382,541,944 5,999,758
Ohio....................................................... 2,046,630,272 2,071,931,711 25,301,439
Oklahoma................................................... 958,778,621 936,700,103 (22,078,518)
Oregon..................................................... 745,775,067 717,111,735 (28,663,333)
Pennsylvania............................................... 2,533,737,942 2,561,421,751 27,683,809
Rhode Island............................................... 328,209,791 333,303,797 5,094,006
South Carolina............................................. 960,038,143 962,956,224 2,918,081
South Dakota............................................... 423,697,858 430,371,013 6,673,155
Tennessee.................................................. 1,286,665,098 1,280,356,104 (6,308,994)
Texas...................................................... 4,835,326,374 4,912,212,474 76,886,100
Utah....................................................... 482,941,887 490,736,905 7,795,018
Vermont.................................................... 299,846,556 304,031,221 4,184,665
Virginia................................................... 1,550,364,905 1,538,365,476 (11,999,429)
Washington................................................. 1,021,098,782 981,828,852 (39,269,930)
West Virginia.............................................. 660,653,936 651,000,745 (9,653,191)
Wisconsin.................................................. 1,135,046,618 1,138,278,090 3,231,471
Wyoming.................................................... 389,303,475 395,692,926 6,389,451
----------------------------------------------------
Total.................................................. 58,896,740,240 58,896,740,240 0
----------------------------------------------------------------------------------------------------------------
\1\The Surface Transportation Extension Act of 2010, title IV of H.R. 2847, the ``Hiring Incentives to Restore
Employment Act'' (HIRE Act).
\2\The Surface Transportation Modification Act of 2010, section 9 of H.R. 4853, the ``Federal Aviation
Administration Extension Act of 2010'', implementing the February 26, 2010 written agreement among Senate
Majority Leader Harry Reid, Speaker Nancy Pelosi, and Chairman James L. Oberstar.
This table was prepared by the Committee on Transportation and Infrastructure Majority staff based on technical
assistance provided by the Federal Highway Administration.

U.S. Senate,

Washington, DC, February 26, 2010.
Hon. Nancy Pelosi,
Speaker, House of Representatives, The Capitol, Washington,
DC.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Madam Speaker and Mr. Chairman: Thank you for your
cooperation in facilitating the House passage of the H.R.
2847, the ``Hiring Incentives to Restore Employment Act'',
passed by the Senate on February 24, 2010. I appreciate your
concern that the urgency of passage of the legislation did
not allow time for a Conference Committee or other
discussions to reconcile surface transportation extension act
differences between the Senate-passed amendment (Title IV)
and the House-passed bill, the ``Jobs for Main Street Act''
(Title II of H.R. 2847).
To accommodate House concerns with Title IV, the ``Surface
Transportation Extension Act of 2010'', of the Senate-passed
amendment, we have reached agreement on the following changes
to H.R. 2847:
1. Distribute the Projects of National and Regional
Significance (PNRS) and National Corridor Infrastructure
Improvement (Corridor) program funding among all States based
on each State's share of fiscal year 2009 highway apportioned
funds rather than to only 29 States that had PNRS and
Corridor projects under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU).
2. Distribute ``additional'' highway formula funds (which
the bill makes available in lieu of additional
Congressionally-designated projects) among all of the highway
formula programs rather than among just six formula programs.
I pledge to you that I will make every effort to include
these provisions in the next Jobs bill passed by the Senate,
which we hope to accomplish in the next few weeks. I have
attached legislative language to accomplish these changes.
I will also join you in requesting that the Federal Highway
Administration not apportion the PNRS and Corridor funding to
States until Congress has passed this corrective legislation.
Thank you for your consideration.
Sincerely,
Harry Reid,
Majority Leader.
____

Committee on Transportation and Infrastructure, Summary of H.R. 4853,
the ``Federal Aviation Administration Extension Act of 2010'', March
17, 2010

BACKGROUND

The most recent long-term Federal Aviation Administration
(FAA) reauthorization act, Vision 100--Century of Aviation
Reauthorization Act (P.L. 108-176), expired September 30,
2007. Work in the House to reauthorize the FAA culminated
most recently with the passage of H.R. 915, the ``FAA
Reauthorization Act of 2009'', on May 21, 2009. To date, the
Senate has not completed action on a long-term FAA
reauthorization bill.
In the meantime, pending completion of a long-term
reauthorization bill, Congress has passed a series of short-
term acts extending the FAA's authority. The current FAA
extension act expires on March 31, 2010.
Separately, on February 25, 2010, the Senate passed H.R.
2847, the ``Hiring Incentives to Restore Employment Act''
(HIRE Act), with an amendment. The HIRE Act includes an
extension of highway, highway and motor carrier safety, and
public transit programs through December 31, 2010. It also
includes a number of provisions that raised concerns for
Members of the House. The House was able to address some of
these provisions (e.g., PAYGO costs) through amendments at
that time. However, the urgent need to pass the legislation
did not allow sufficient time to resolve two major
differences between the surface transportation extension
title of the HIRE Act and the surface transportation
extension passed by the House on December 16, 2009, as part
of H.R. 2847, the ``Jobs for Main Street Act'':
1. the treatment of Projects of National and Regional
Significance and the National Corridor Infrastructure
Improvement programs; and
2. the programmatic distribution of additional formula
funds provided to States in lieu of additional
Congressionally-designated project funding.
First, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(P.L. 109-59) established two major discretionary programs:
the

[[Page 3700]]

Projects of National and Regional Significance (PNRS) and
National Corridor Infrastructure Improvement (National
Corridor) programs. Although the programs were designed as
competitive, discretionary programs, during deliberations on
the bill in 2005, the Conference Committee decided to
designate individual projects under each program. The HIRE
Act extends funding for these two programs, providing a total
of $932 million for the PNRS and National Corridor programs
over a 15-month period (October 1, 2009 through December 31,
2010). This approach distributes these funds only to States
that had earmarks under these programs in SAFETEA-LU--with
four States receiving 58 percent of the funding and 22 States
receiving nothing. This provision would create a permanent
windfall for these four States, and would unfairly skew the
highway formulas.
Second, in fiscal years (FY) 2005 through 2009, SAFETEA-LU
included Congressionally-designated projects under several
discretionary programs (e.g., House and Senate
Congressionally-designated projects under the High Priority
Projects and Transportation Improvements programs). The HIRE
Act extends funding for these programs, but does not include
any earmarks during the extension period. Instead, it
provides each State with an amount equal to its FY 2009
Congressionally-designated projects under these discretionary
programs and distributes those additional funds through six
existing State highway formula programs.
H.R. 2847, the ``Jobs for Main Street Act'', as passed by
the House, would have distributed the additional funding
through all of the 13 current State highway formula programs:
Interstate Maintenance, National Highway System, Highway
Bridge, Surface Transportation Program, Highway Safety
Improvement Program, Congestion Mitigation and Air Quality
Improvement, Metropolitan Planning, Equity Bonus, Appalachian
Development Highway System, Recreational Trails, Safe Routes
to School, Rail-Highway Grade Crossing, and Coordinated
Border Infrastructure programs. By limiting the distribution
of the additional funding through only six highway formula
programs, the HIRE Act essentially designates seven
programs--the Appalachian Development Highway System, Rail-
Highway Grade Crossing, Equity Bonus, Recreational Trails,
Safe Routes to School, Coordinated Border Infrastructure, and
Metropolitan Planning programs--as ``second-tier'' programs,
denying them the opportunity to receive additional funding
during the extension period and weakening their standing
during the ongoing authorization process.
On February 26, 2010, to accommodate House concerns with
Title IV, the ``Surface Transportation Extension Act of
2010'', Senate Majority Leader Harry Reid, Speaker Nancy
Pelosi, and Chairman James L. Oberstar reached agreement on
the following changes to the HIRE Act in future legislation:
1. Distribute the PNRS and National Corridor program
funding among all States based on each State's share of FY
2009 highway apportioned funds rather than to only 29 States
that had PNRS and National Corridor projects under SAFETEA-
LU.
2. Distribute ``additional'' highway formula funds (which
the bill makes available in lieu of additional
Congressionally-designated projects) among all of the highway
formula programs rather than among just six formula programs.
On the strength of this commitment, on March 4, 2010, the
House passed the HIRE Act. The Senate is expected to vote on
final passage of the HIRE Act on March 17, 2010.

H.R.4853, THE ``FEDERAL AVIATION ADMINISTRATION EXTENSION ACT OF 2010''

H.R. 4853, the ``Federal Aviation Administration Extension
Act of 2010'', extends FAA programs for three months and
modifies the previously-described surface transportation
provisions of the HIRE Act.

AVIATION PROVISIONS

H.R. 4853 extends the FAA's aviation programs and taxes for
three months, through July 3, 2010. Aside from covering the
FAA's funding needs through July 3 and making appropriate
adjustments to amounts, the FAA provisions do not differ
substantially from prior three-month extension bills.
H.R. 4853 provides $3 billion in contract authority for the
Airport Improvement Program (AIP) from October 1, 2009, until
July 3, 2010. These funds will enable airports to move
forward with important safety and capacity projects. This
level of AIP funding, when annualized, is $4 billion, which
is consistent with AIP funding authorizations in both H.R.
915 and the pending Senate FAA reauthorization bill, as well
as the FY 2010 Concurrent Budget Resolution.
The bill also authorizes appropriations for FAA Operations,
Facilities and Equipment (F&E), and Research, Engineering,
and Development (RE&D) programs. Specifically, H.R. 4853
authorizes, for the period between October 1, 2009, and July
3, 2010, $7 billion for FAA Operations, $2.2 billion for F&E,
and $144 million for RE&D. When annualized, these authorized
funding levels equal the FY 2010 enacted funding levels that
have already been provided for these programs by the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2010 (division A of P.L. 111-
117)
In addition, the bill extends aviation excise taxes until
July 3, 2010. These taxes are necessary to support the
Airport and Airways Trust Fund, which funds a substantial
portion of the FAA's budget. The Trust Fund's uncommitted
cash balance was only $299 million at the end of FY 2009, and
any lapse in aviation taxes could put the solvency of the
Trust Fund at risk.

SURFACE TRANSPORTATION PROVISIONS

Section 9 of H.R. 4853 amends the HIRE Act in keeping with
Majority Leader Reid's February 26, 2010 commitment,
resolving House concerns with the HIRE Act's distribution of
highway funding.
Regarding the treatment of PNRS and National Corridor
programs, section 9 of H.R. 4853 amends the HIRE Act to
achieve a compromise between the initial House and Senate
positions. Under this compromise, the $932 million will be
distributed among all States, rather than just the 29 States
that had PNRS and National Corridor projects under SAFETEA-
LU. The funds will be distributed based on each State's share
of FY 2009 highway apportioned funds.
Regarding the programmatic distribution of additional
formula funds provided to States in lieu of additional
Congressionally-designated funding, section 9 amends the HIRE
Act to distribute the additional formula funds through all 13
current State highway formula programs.

Today's action keeps faith with the House, permits Senator Reid to
keep his commitment, which he has done. He has cleared this language
with the relevant Members of the other body, and I am confident we will
correct this invasive mistake and raid on the highway trust fund with
passage of this legislation we will move today through the House and I
expect, very quickly, similarly, through the other body.
I very much appreciate the cooperation Majority Leader Reid, Speaker
Pelosi, the members of our committee, including my good friend Mr. Mica
who has been a partner in shaping this language as we moved along, and
Mr. Costello for adding this to the very important extension of the
aviation authorization.
Mr. PETRI. I yield such time as he may consume to the ranking
minority member of the full committee, my colleague from Florida,
Representative John Mica.
Mr. MICA. I thank the gentleman for yielding.
I am pleased to rise in support of this legislation, which would
provide a 3-month extension for the operations of the Federal Aviation
Administration.
This is kind of interesting. I think just for the record, Madam
Speaker, and also for the benefit of our colleagues who may be
listening or their staff trying to figure out what is going on, Madam
Speaker, this is in fact the 12th extension of the FAA reauthorization.
I was the chairman back in 2001 and through the next 6 years, and my
leadership I think is looking better and better every week and every
month now.
I introduced the current bill that has been extended--today will be
the 12th time--May 15 in 2003. It actually was agreed to in conference
on November 21, 2003, and it was signed by the President on December
12, 2003. So I got it done in 6 months. Not record speed, but pretty
good speed.
My bill has been in effect for about 7 years, I think the longest FAA
authorization in history. I am quite proud of it, but in fact even my
legislation does need improvement. We do need an update in policy for
running the FAA. We need definition and delineation of projects which
are authorized, including the important next generation getting the
best technical equipment, going from a ground-based system to
satellites, and getting better utilization out of our air space, and
also using less fuel and more efficient utilization of our important
airports. But, again, I think it is incredible that we are on the 12th
extension with the passage of this, but it must be done.
The other body continues to belabor this particular bill. We are
hoping for the best and that it does come out, and that we do have new
language for the country and for the operation of our Federal Aviation
Administration.
What is sad, too, is, again, I think if you look at the 3 years that
the other side has controlled this Chamber, and this was pointed out
again in a meeting that we had with some of the former TSA
administrators, the turnover in

[[Page 3701]]

personnel, not only in TSA and failure to replace the Transportation
Security Administration leader, but also in the FAA. We had seen
turnover in the FAA administrator's position when I came to Congress
some 18 years ago. We reached a bipartisan accord and agreement to have
a 5-year appointment of an FAA administrator, and that would transcend
a Presidential term.
We had two great administrators. One appointed by President Clinton,
served for 5 years, Jane Garvey; and then we had one appointed by
President Bush for 5 years, Marion Blakey, and she did an outstanding
job.
And then what did we have? We had a period for an acting
administrator, and the other side held him up, demeaned him. While he
served in the position, we had a vacancy with an FAA administrator for
over 1 year, and we didn't adhere to the bipartisan agreement to keep
FAA out of politics and keep it with sound continuous administration.
So I am disappointed in that fact.
Then, again, Madam Speaker, and for those Members that are listening,
people are wondering what we are doing here on adjusting the jobs bill
that just passed the Senate, I am told, today.
In that bill, as you may recall, and I offer this particular exhibit
to the Record, it showed that with the extension through the end of
December, the other body in fact denied 22 States payment and gave 58
percent of payment for one of our largest portions and designations of
funding to four States. One was, of course, California; another one was
Illinois, surprise; the State of Washington, another surprise; and then
the Louisiana Purchase at the end.
But, Mr. Oberstar, I will say I have to compliment him. He did get an
agreement, and he got the correction in this legislation so it is
something we can all vote for. We can now equitably distribute the
money to all 50 States.
There was a proposal to give it to the Secretary of Transportation.
Now, I have been there and done that with the Secretary. I didn't like
that proposal, because just several weeks before this fiasco took
place, we distributed $1.5 billion worth of stimulus funds to our
economically job-disadvantaged States. And my State of Florida, seventh
in the Nation with now 11.8 percent unemployment, they ended up getting
zero, with discretionary money being distributed to again supposedly
States that were hurting, and Florida is number seven of the top 10 in
unemployment. So I wasn't a big fan of having the Secretary distribute
that money.
I think what we have done here, which I suggested to the chairman and
to the other side, was a fair distribution. Everyone knows what the
distribution formula is; everyone will be treated equitably and fairly.
So I am pleased to support both the FAA extension and then the
correction and proper distribution of highway trust funds.
Now, this takes us only, folks, through December of this year. I know
it is confusing because we are on a 30- day highway extension because
we haven't done a highway and transportation major rewrite of the TEA-
legislation, but it will take us through the end of the year.
That is somewhat good news, but it is also bad news because States
cannot plan beyond the end of the year. That means that we can't get
people working beyond the end of the year. That means that we can't
make commitments for improving our Nation's infrastructure and probably
the biggest programs that we could do as far as this Congress in
employing people.
So I am disappointed that the administration failed to support Mr.
Oberstar, my chairman, on a 6-year authorization. At a time we needed
to do it, they recommended an 18-month. And what have we got here? We
have got until December, and leaving everyone at bay, people without
work, States not knowing what to do after the end of this year.
So we have to do this. We have to get the extension as long as we can
get it. Right now the other side is saying until December. I am
disappointed in that. We have to straighten out the formula. And then
we have to extend the FAA bill, and I am so pleased that we are
extending my FAA bill, which, wasn't, I must say in closing, a bad
piece of work.

{time} 1600

Mr. PETRI. I have no further requests for time, and I yield back the
balance of my time.
Mr. COSTELLO. Madam Speaker, I have no further requests for time. I
ask my colleagues to support the legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Costello) that the House suspend the rules
and pass the bill, H.R. 4853.
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.

____________________