May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5913 The Clerk read the title of the bill. McMorris Posey Slaughter REMOVAL OF NAME OF MEMBER Rodgers Price (GA) Smith (NE) The SPEAKER pro tempore. The McNerney Price (NC) Smith (NJ) AS COSPONSOR OF H.R. 1346 question is on the motion offered by Meek (FL) Putnam Smith (TX) Mr. GERLACH. Mr. Speaker, I ask the gentleman from New York (Mr. Meeks (NY) Quigley Smith (WA) unanimous consent to be removed as a WEINER) that the House suspend the Melancon Radanovich Snyder Mica Rahall Souder cosponsor of H.R. 1346. My name was rules and pass the bill, H.R. 1676, as Michaud Rangel Space added in error. amended. Miller (FL) Rehberg Spratt The SPEAKER pro tempore. Is there This is a 5-minute vote. Miller (MI) Reichert Stearns Miller (NC) Reyes Stupak objection to the request of the gen- The vote was taken by electronic de- Miller, Gary Richardson Sullivan tleman from Pennsylvania? vice, and there were—yeas 397, nays 11, Miller, George Roe (TN) Sutton There was no objection. not voting 25, as follows: Minnick Rogers (AL) Tanner Mitchell Rogers (KY) Tauscher f [Roll No. 287] Mollohan Rogers (MI) Taylor YEAS—397 Moore (KS) Ros-Lehtinen Teague GENERAL LEAVE Moore (WI) Roskam Terry Abercrombie Costello Holt Moran (KS) Ross Thompson (CA) Mr. OBERSTAR. Mr. Speaker, I ask Ackerman Courtney Honda Moran (VA) Rothman (NJ) Thompson (MS) unanimous consent that all Members Aderholt Crenshaw Hoyer Murphy (CT) Roybal-Allard Thornberry have 5 legislative days to revise and ex- Adler (NJ) Crowley Hunter Murphy (NY) Royce Tiahrt tend their remarks on H.R. 915 and in- Akin Cuellar Inglis Murphy, Patrick Ruppersberger Tiberi Alexander Culberson Inslee Murtha Rush Tierney clude extraneous material in the Altmire Cummings Israel Myrick Ryan (OH) Titus RECORD. Andrews Dahlkemper Issa Nadler (NY) Ryan (WI) Tonko The SPEAKER pro tempore. Is there Arcuri Davis (AL) Jackson (IL) Napolitano Salazar Towns Austria Davis (CA) Jackson-Lee Neal (MA) Sanchez, Loretta Tsongas objection to the request of the gen- Baca Davis (IL) (TX) Neugebauer Sarbanes Turner tleman from Minnesota? Bachus Davis (KY) Jenkins Nunes Scalise Upton There was no objection. Baird Davis (TN) Johnson (GA) Nye Schakowsky Van Hollen Baldwin DeFazio Johnson (IL) Oberstar Schauer Vela´ zquez f Barrow DeGette Johnson, E. B. Olson Schiff Visclosky Bartlett Delahunt Johnson, Sam Olver Schmidt Walden FAA REAUTHORIZATION ACT OF Barton (TX) DeLauro Jones Ortiz Schock Walz 2009 Bean Dent Jordan (OH) Pallone Schrader Wamp Becerra Diaz-Balart, L. Kagen Pascrell Schwartz Wasserman The SPEAKER pro tempore. Pursu- Berkley Diaz-Balart, M. Kanjorski Pastor (AZ) Scott (GA) Schultz ant to House Resolution 464 and rule Berman Dicks Kennedy Paulsen Scott (VA) Waters XVIII, the Chair declares the House in Berry Dingell Kildee Payne Sensenbrenner Watson Biggert Doggett Kilpatrick (MI) Pence Serrano Watt the Committee of the Whole House on Bilbray Donnelly (IN) Kilroy Perlmutter Sessions Waxman the state of the Union for the consider- Bilirakis Dreier Kind Perriello Sestak Weiner ation of the bill, H.R. 915. Bishop (GA) Duncan King (IA) Peters Shadegg Welch Bishop (NY) Edwards (MD) King (NY) Peterson Shea-Porter Wexler b 1354 Bishop (UT) Edwards (TX) Kirk Petri Sherman Wilson (SC) Blumenauer Ehlers Kirkpatrick (AZ) Pingree (ME) Shimkus Wittman IN THE COMMITTEE OF THE WHOLE Blunt Ellison Kissell Pitts Shuler Wolf Accordingly, the House resolved Boccieri Emerson Klein (FL) Platts Shuster Wu Bonner Engel Kline (MN) Poe (TX) Simpson Yarmuth itself into the Committee of the Whole Bono Mack Eshoo Kosmas Polis (CO) Sires Young (AK) House on the state of the Union for the Boozman Etheridge Kratovil Pomeroy Skelton Young (FL) consideration of the bill (H.R. 915) to Boren Fallin Kucinich Boswell Farr Lamborn NAYS—11 amend title 49, United States Code, to Boucher Fattah Lance Blackburn Halvorson Paul authorize appropriations for the Fed- Boustany Filner Langevin Broun (GA) Kingston Rohrabacher eral Aviation Administration for fiscal Boyd Fleming Larsen (WA) Campbell Marchant Westmoreland years 2009 through 2012, to improve Brady (PA) Forbes Larson (CT) Ellsworth McClintock Brady (TX) Fortenberry Latham aviation safety and capacity, to pro- Braley (IA) Foster LaTourette NOT VOTING—25 vide stable funding for the national Brown (SC) Foxx Latta Bachmann Hare Sa´ nchez, Linda aviation system, and for other pur- Brown, Corrine Frank (MA) Lee (CA) Barrett (SC) Hensarling Brown-Waite, Franks (AZ) Lee (NY) T. poses, with Mr. CARDOZA in the chair. Boehner Hill Ginny Frelinghuysen Levin Speier The Clerk read the title of the bill. Bright Kaptur Buchanan Fudge Lewis (CA) Stark Deal (GA) Markey (CO) The CHAIR. Pursuant to the rule, the Burgess Gallegly Lewis (GA) Thompson (PA) Doyle Murphy, Tim Burton (IN) Garrett (NJ) Linder Whitfield bill is considered read the first time. Driehaus Obey Butterfield Gerlach Lipinski Wilson (OH) The gentleman from Minnesota (Mr. Flake Rodriguez Buyer Giffords LoBiondo Woolsey Gutierrez Rooney OBERSTAR) and the gentleman from Calvert Gingrey (GA) Loebsack Florida (Mr. MICA) each will control 30 Camp Gohmert Lofgren, Zoe ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Gonzalez Lowey minutes. Cao Goodlatte Lucas The SPEAKER pro tempore (during The Chair recognizes the gentleman Capito Gordon (TN) Luetkemeyer the vote). There are 2 minutes left in from Minnesota. Capps Granger Luja´ n this vote. Capuano Graves Lummis Mr. OBERSTAR. Mr. Chairman, I Cardoza Grayson Lungren, Daniel So (two-thirds being in the affirma- yield myself as much time as I may Carnahan Green, Al E. tive) the rules were suspended and the consume. Carney Green, Gene Lynch bill, as amended, was passed. We bring to the House, once again, to Carson (IN) Griffith Mack The result of the vote was announced Carter Grijalva Maffei the Committee of the Whole, the au- Cassidy Guthrie Maloney as above recorded. thorization for FAA for the next 4 Castle Hall (NY) Manzullo A motion to reconsider was laid on years. We’re getting very good at this. Castor (FL) Hall (TX) Markey (MA) the table. Chaffetz Harman Marshall We did it 2 years ago. It passed the Chandler Harper Massa Stated for: House overwhelmingly. Unfortunately, Childers Hastings (FL) Matheson Mr. BRIGHT. Mr. Speaker, on rollcall No. the other body did not act on it. So we Clarke Hastings (WA) Matsui 287, had I been present, I would have voted held further hearings and reshaped the Clay Heinrich McCarthy (CA) ‘‘yea.’’ Cleaver Heller McCarthy (NY) bill. Essentially we have 95 percent of Clyburn Herger McCaul what we had in 2007 in this bill. It was Coble Herseth Sandlin McCollum f worked out then in cooperation with Coffman (CO) Higgins McCotter the Republican members of the com- Cohen Himes McDermott PERSONAL EXPLANATION Cole Hinchey McGovern mittee and with the ranking Repub- Conaway Hinojosa McHenry Mr. ROONEY. Mr. Speaker, had I been lican, Mr. MICA, and again this year Connolly (VA) Hirono McHugh present I would have voted on rollcall No. with Mr. MICA, Mr. PETRI and the Avia- Conyers Hodes McIntyre Cooper Hoekstra McKeon 284—‘‘nay’’; 285—‘‘nay’’; 286—‘‘yea’’; 287— tion Subcommittee under the extraor- Costa Holden McMahon ‘‘yea.’’ dinarily gifted leadership of Mr.

VerDate Nov 24 2008 00:39 May 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.042 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5914 CONGRESSIONAL RECORD — HOUSE May 21, 2009 COSTELLO, who held numerous hearings Federal Aviation Administration to ne- There may be other issues. But I will to air the various aspects of this bill gotiate a new contract with its air reserve my time. And Mr. COSTELLO and other aviation issues. traffic controllers. And if they do not will address more details of this legis- So that we bring a bill for which reach an agreement 45 days after en- lation subsequently. there is broad bipartisan support ex- actment, the issue will be sent to bind- Mr. Chairman, I submit for the cept perhaps for four areas in which ing arbitration. The Republican admin- RECORD an exchange of letters on this there are differences and on which my istration objected to that provision. particular piece of legislation. good friend, Mr. MICA, will elaborate in The ranking Republican on our com- his own good time. We bring a bill of mittee, Mr. MICA, stoutly defended his HOUSE OF REPRESENTATIVES, COM- $70 billion investment in aviation over administration’s position, and his own MITTEE ON TRANSPORTATION AND INFRASTRUCTURE, the next 4 years; $16.2 billion for the view, that we should not have binding Airport Improvement Program to build Washington, DC, May 7, 2009. arbitration apply to this circumstance. Hon. BART GORDON, runways, taxiways, air traffic on the I think it is fair to say he would accept Chairman, Committee on Science and Tech- aviation hard side, as I call it, of air- that going forward. nology, House of Representatives, Rayburn ports; $13.4 billion for facilities and Well, the bill never made its way House Office Building, Washington, DC. equipment account over 4 years. That’s through the Senate of 2007 or 2008. And DEAR CHAIRMAN GORDON: I write to you re- for the continuing modernization of we are an equal opportunity com- garding H.R. 915, the ‘‘FAA Reauthorization the air traffic control system. Air traf- mittee. So what we didn’t trust the Act of 2009’’. fic control is not a snapshot in time. previous administration to do, we don’t trust this administration to do. And we I appreciate your willingness to waive It’s a continuously evolving technology rights to further consideration of H.R. 915, that keeps pace with the growth of are keeping that language in this bill notwithstanding the jurisdictional interest aviation and with the need for greater to keep the heat on them to negotiate of the Committee on Science and Tech- safety at altitude, on approach, on de- this contract, renegotiate in due fair- nology. Of course, this waiver does not preju- parture, on the ground, in the airport ness to the air traffic controllers. dice any further jurisdictional claims by runway safety areas. We provide sub- Then there is the matter of the for- your Committee over this or similar legisla- stantial funding not only for the eign repair stations. There are 145 for- tion. Further, I will support your request to present but for the future investment eign repair stations certificated by the be represented in a House-Senate conference and modernization of the air traffic U.S. FAA in other countries where U.S. on those provisions over which the Com- control system going on to the next- aircraft are maintained, supposedly to mittee on Science and Technology has juris- generation technology that will be sat- U.S. standards, to the standards of the diction in H.R. 915. ellite-based. Higher reliability, greater airline as approved by FAA and to This exchange of letters will be placed in accuracy, shorten the flight time, standards that we set for certification the Committee Report on H.R. 915 and in- shorten fuel burned in the air and vast- of aircraft maintenance personnel and serted in the Congressional Record as part of ly improve safety. certification of the facility in which the consideration of this legislation in the On the capacity side, we provide au- the maintenance work is performed. House. Thank you for the cooperative spirit thority for airport authorities, at their Over time, questions have arisen in which you have worked regarding this about the adequacy of standards in matter and others between our respective choice, at their decision, to increase committees. the passenger facility charge that was other countries. This legislation takes initiated in 1990, at the time when I those concerns and wraps them into I look forward to working with you as we this language we have in the bill, say- prepare to pass this important legislation. chaired the Aviation Subcommittee Sincerely, and the first Bush administration, with ing they must meet our standards for criminal background checks, for drug JAMES L. OBERSTAR, then-Secretary Sam Skinner advo- Chairman cating for this increase and this au- and alcohol testing, for certification of thority for airports, to increase this the facility, and certification of the HOUSE OF REPRESENTATIVES, COM- charge on the grounds that they are ac- aircraft maintenance specialists. That is in the interests of every American MITTEE ON SCIENCE AND TECH- countable directly to the people who NOLOGY, use their airports. It is a local decision, who flies on an aircraft in our country Washington, DC, May 7, 2009. and we’re allowing them to do it. It’s or outside of our country that is main- Hon. JAMES L. OBERSTAR, not required. Airport authorities can tained in a non-U.S. maintenance facil- Chairman, Committee on Transportation and impose or not impose a passenger facil- ity. And in the time since we passed Infrastructure, House of Representatives, ity charge. But it’s used for all the au- that bill in 2007, the U.S. and the EU Rayburn House Office Building, Wash- thority airports are granted under the have negotiated an aviation agreement ington, DC. Airport Improvement Program, to ex- that moves toward harmonization of DEAR CHAIRMAN OBERSTAR: I write to you pand capacity, improve the terminals, the aviation maintenance standards of regarding H.R. 915, the FAA Reauthorization improve movement of passengers on our two countries. Act of 2009. This legislation was initially re- That agreement provides, in Article the airport grounds to and from their ferred to both the Committee on Transpor- 15, ‘‘nothing in this agreement shall be parking area, from the drop-off area tation and Infrastructure and the Committee construed to limit the authority of a on Science and Technology. onto the aircraft itself. party to (A) determine through its leg- H.R. 915 was marked up by the Committee b 1400 islative, regulatory and administrative on Transportation and Infrastructure on It has been a very well-used and use- procedures the level of protection it March 5, 2009. I recognize and appreciate ful tool. considers appropriate for civil aviation your desire to bring this legislation before As part of the increase or the author- safety and environmental testing and the House in an expeditious manner, and, ac- ity to use passenger facility charges in approvals, and (B) take all appropriate cordingly, I will waive further consideration 1990 and with concurrence of the ad- and immediate measures necessary to of this bill in Committee. However, agreeing ministration, we require that every eliminate or minimize any derogation to waive consideration of this bill should not airport that imposes a PFC will lose 50 of safety.’’ That is what we are doing, be construed as the Committee on Science cents on each dollar of their AIP enti- and Technology waiving its jurisdiction over simply put, in this legislation using H.R. 915. tlement account, and that goes into a our legislative authority, require special account in the Aviation Trust twice-a-year onsite inspections of fa- Further, I request your support for the ap- Fund for the use of small airports that pointment of Science and Technology Com- cilities in which U.S. aircraft are main- mittee conferees during any House-Senate don’t have the capacity to level a pas- tained in facilities overseas. conference convened on this legislation. I senger facility charge. That has re- If the Europeans want reciprocity also ask that a copy of this letter and your sulted in some $800 million a year under this agreement, they have that response be placed in the legislative report available for general aviation airports, authority. They can inspect U.S. main- on H.R. 915 and the Congressional Record regional airports, and smaller nonhub tenance facilities which are doing work during consideration of this bill. airports, and has enabled them to par- on foreign aircraft, European aircraft, I look forward to working with you as we ticipate in the Nation’s aviation sys- in the United States. Basically, that is prepare to pass this important legislation. tem. what it is. It is comity, fairness, eq- Sincerely, There is a provision in this bill that uity, and safety in the best interests of BART GORDON, we had in the 2007 bill that requires the our citizens. Chairman.

VerDate Nov 24 2008 02:50 May 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.044 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5915 HOUSE OF REPRESENTATIVES, COM- HOUSE OF REPRESENTATIVES, COM- measures that are important for that MITTEE ON TRANSPORTATION AND MITTEE ON TRANSPORTATION AND system. INFRASTRUCTURE, INFRASTRUCTURE, I want to speak in favor of enacting Washington, DC, May 15, 2009. Washington, May 18, 2009. good reauthorization. At the end of the Hon. JOHN CONYERS, Jr., Hon. BENNIE G. THOMPSON, day, I will not vote in support of this Chairman, Committee on the Judiciary, House Chairman, Committee on Homeland Security, of Representatives, Rayburn House Office Ford House Office Building, Washington, particular measure because I do have Building, Washington, DC. DC. some concerns that I will briefly out- DEAR CHAIRMAN THOMPSON: I write to you line. DEAR CHAIRMAN CONYERS: I write to you re- regarding H.R. 915, the ‘‘FAA Reauthoriza- First, let me say that I have enjoyed garding H.R. 915, the ‘‘FAA Reauthorization my working relationship with Mr. Act of 2009’’. tion Act of 2009’’. I agree that provisions in H.R. 915 are of ju- OBERSTAR. He chairs the committee, I agree that provisions in H.R. 915 are of ju- risdictional interest to the Committee on and I try to work with him in a bipar- risdictional interest to the Committee on Homeland Security. I acknowledge that by tisan manner to make certain that our the Judiciary I acknowledge that by forgoing forgoing a sequential referral, your Com- a sequential referral, your Committee is not key responsibilities, like this impor- mittee is not relinquishing its jurisdiction tant safety air industry legislation, relinquishing its jurisdiction and I will fully and I will fully support your request to be support your request to be represented in a represented in a House-Senate conference on passes Congress, and I will continue to House-Senate conference on those provisions those provisions over which the Committee do that. over which the Committee on the Judiciary on Homeland Security has jurisdiction in I do have some concerns about some has jurisdiction in RR 915. H.R. 915. specifics. The bill does have some very This exchange of letters will be placed in This exchange of letters will be inserted in good provisions. And Mr. OBERSTAR, the Committee Report on H.R. 915 and in- the Committee Report on H.R. 915 and in the Mr. COSTELLO, and Mr. PETRI, our serted in the Congressional Record as part of Congressional Record as part of the consider- ranking member, have all worked hard the consideration of this legislation in the ation of this legislation in the House. to do the best they can in looking out House. I look forward to working with you as we for our current system, making certain prepare to pass this important legislation. I look forward to working with you as we that it is sound, making certain that Sincerely, prepare to pass this important legislation. JAMES L. OBERSTAR, there is funding in place and making Sincerely, Chairman. certain that we have what we call JAMES L. OBERSTAR, ‘‘NextGen,’’ next generational air traf- Chairman. HOUSE OF REPRESENTATIVES, fic control, in the system for the fu- COMMITTEE ON HOMELAND SECURITY, ture, and that bill does take us a long HOUSE OF REPRESENTATIVES, Washington, DC, May 19, 2009. way towards those positive efforts. COMMITTEE ON THE JUDICIARY, Hon. JAMES L. OBERSTAR, Unfortunately, there are a couple of Washington, DC, May 14, 2009. Chairman, Committee on Transportation and provisions that we haven’t reached Hon. JAMES L. OBERSTAR, Infrastructure, Rayburn Bldg., House of agreement on. And I have been married Chairman, Committee on Transportation and Representatives, Washington, DC. 37 years. Almost every other day my Infrastructure, House of Representatives, DEAR CHAIRMAN OBERSTAR: I write to you Washington, DC. regarding H.R. 915, the ‘‘FAA Reauthoriza- wife and I have a disagreement on something. So it is not a big deal to DEAR CHAIRMAN OBERSTAR: As you know, tion Act of 2009.’’ the Judiciary Committee requested referral H.R. 915 contains provisions that fall with- have disagreement. Hopefully we can of H.R. 915, the FAA Authorization Act of in the jurisdiction of the Committee on work some of these problems out. 2009, due in part to the addition in markup of Homeland Security. I recognize and appre- What concerns me are, first of all, the text of H.R. 831, which directs a study on ciate your desire to bring this legislation be- the labor provisions that were included the use of a provision in current law to con- fore the House in an expeditious manner and, in this bill. Now, as we know, we had a fer antitrust immunity on international air- accordingly, I will not seek a sequential re- difficult situation with the air traffic line alliances, and sunsets all such antitrust ferral of the bill. However, agreeing to waive controllers’ contract. It expired. It was immunity in three years—on which the Judi- consideration of this bill should not be con- strued as the Committee on Homeland Secu- being negotiated. They couldn’t reach ciary Committee had received a referral as an agreement some years ago. They falling within our Rule X jurisdiction. rity waiving, altering, or otherwise affecting its jurisdiction over subject matters con- sent it to Congress. We don’t want it in We understand that, although the report, tained in the bill which fall within its Rule Congress. It caused a great deal of con- for H.R. 915 has not yet been filed, there is a X jurisdiction. flict and problems. We shouldn’t be the desire to bring this bill to the floor for con- Further, I request your support for the ap- arbiters of these labor negotiations. sideration next week. While we have con- pointment of Homeland Security conferees cerns about how the antitrust provision is And I will say that President Obama during any House-Senate conference con- has stepped forward. He has set in mo- written, from the standpoint of sound anti- vened on this or similar legislation. I also trust policy, and we would prefer to take re- ask that a copy of this letter and your re- tion a mechanism to resolve this pend- ferral to give appropriate consideration to sponse be included in the legislative report ing impasse. I support his efforts. that provision and other matters within our on H.R. 915 and in the Congressional Record By I believe June 5, if we don’t reach jurisdiction, we are willing to waive referral during floor consideration of this bill. negotiations, this issue will go to bind- in order that the bill may proceed to the I look forward to working with you as we ing arbitration. I support binding arbi- House floor. prepare to pass this important legislation. tration. I support taking this out of the The Judiciary Committee takes this action Sincerely, realm of Congress. But I think it was with our mutual understanding that by for- BENNIE G. THOMPSON, wrong to include that provision here going further consideration of H.R. 915 at Chairman. when we are in the middle of negotia- this time, we do not waive any jurisdiction Mr. Chairman, I reserve the balance tions that our new President is trying over any subject matter contained in this or of my time. to get going and get this issue behind similar legislation. We appreciate your con- Mr. MICA. Mr. Chairman, I yield my- tinued willingness to consult with us on us and resolve. So this sets a horrible these provisions, and on any refinements or self such time as I may consume. precedent for Congress to be dictating clarifications to them, as the legislation Thank you again for the opportunity here, at this point, with this new Presi- moves forward. Finally, we reserve the right to rise today and speak about a very dent, these terms which do have a $1 to seek appointment of an appropriate num- important piece of legislation, and that billion-plus price tag and do set a ber of conferees to any House-Senate con- is reauthorization of our Federal Avia- standard of unfairness. Not only are ference involving this legislation, and re- tion Administration operations. there 15,000 air traffic controllers who quest your support if such a request is made. Americans take for granted some- should be treated fairly, but then we I would appreciate your including this let- times the ability to have the best, the have 20,000 other FAA employees who ter in the Congressional Record during con- largest, and the most accessible air should be treated fairly and hundreds sideration of the bill on the House floor. transportation system in the world. of thousands of hard-working Federal Thank you for your attention to this re- But it is our job in Congress to make quest, and for the cooperative relationship employees who should be treated fair- between our two committees. certain that that system is safe and ly, not Congress dictating a special Sincerely, that we also pass laws from time to level of compensation or some deal for JOHN CONYERS, Jr. time authorizing the policy, the a smaller group. So this does have con- Chairman. projects, the funding, and other safety sequences. And I’m disappointed that

VerDate Nov 24 2008 02:50 May 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.018 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5916 CONGRESSIONAL RECORD — HOUSE May 21, 2009 that remains. I’m supportive of taking The second and last thing that I am Mr. OBERSTAR. I yield myself an- this away from Congress in the future concerned about is 95 percent of this other 1 minute. Several times, over and sending it to compulsory arbitra- bill, we said in the Rules Committee, is many years, this committee and its tion. pretty much the same bill we had last predecessor committee with authority Unfortunately, there are two job kill- time. Added to this bill, and again I over railroad issues has approved and ers in this bill. At a time when there don’t know why, is a provision that the House has voted on Presidential isn’t a Member of Congress that isn’t would sunset airline antitrust immu- Emergency Board to settle railroad getting a heartfelt request that some- nity. Unfortunately, this bill, and it is labor disputes. one is losing their job, they are losing not what MICA says again, here is the And in 1989, we moved legislation to their home, or they are not able to live Air Transport Association. This bill establish an arbitration process to re- the American Dream, unfortunately, could cost as many as 15,000 airline solve the management labor dispute in- this bill has two job-killer provisions. jobs. Again, this is what is said by volving Eastern Airlines. Mr. Gingrich First is a very controversial, and I those who are in the industry. And this was the ranking member on the Avia- know that Mr. OBERSTAR tried to ex- is a second job killer provision. This tion Subcommittee, and he voted in plain this in his particular provision was not in the original bill. It has been favor of it. Unfortunately, even though that he has put in here, requirement added here. it passed the Senate, President Bush, that the FAA make biennial inspec- And more troubling is that this pro- the First, vetoed it. We are simply act- tions of all foreign repair stations. It vision would also automatically invali- ing on precedent that has been the case sounds good. The only problem is that date all antitrust immunity grants to in the House to attempt to resolve we already have existing agreements in airline alliances 3 years after the en- matters of this kind. place that that provision would super- actment of this bill. It is not nec- I yield such time as he may consume sede. We are negotiating now a treaty essary. It shouldn’t have been added in to the distinguished chair of the sub- which also, the provisions the way they this bill. committee, Mr. COSTELLO. are written, would impose sanctions on There are several other provisions Mr. COSTELLO. Mr. Chairman, I us and cost us jobs. that are controversial. We can work thank Chairman OBERSTAR for recog- Now, that is not what JOHN MICA is through this, and we need to work nizing me and thank you for all of your saying. The U.S. Chamber of Commerce through this. This is the longest period leadership and your support. No one says that, as written, the bill jeopard- that I can remember in the history of knows more about aviation or trans- izes 129,000 jobs. And we will put that my service, and maybe Congress, that portation issues in this country than in the RECORD a little bit later. we have not had an FAA reauthoriza- Chairman OBERSTAR, and I think ev- The National Association of Manu- tion. Hopefully we will also have in the eryone acknowledges that and respects facturers, not JOHN MICA, says retalia- next few days the President’s designee not only his valuable input but the tion threat from the EU is real and we for FAA Administrator. We haven’t work that he does for this committee must work together to maintain our had one there. The other side of the working partnerships and preserve and on behalf of the American people. Congress has not acted the way it To Mr. MICA and Mr. PETRI, as Mr. jobs. Again, they say it is a job killer. should in promptly confirming an FAA Then I have a whole list of compa- MICA has indicated, we have worked Administrator. We all know how dif- closely together on this legislation. As nies. They are in everybody’s district, I ficult it is when we have an Adminis- could go on and on, Rockwell Collins, Chairman OBERSTAR stated, about 95 trator in an agency to deal with him, percent of what is in this bill was con- Boeing, Gulfstream, GE. Here is just and when you have no one in place for one. GE sent a letter to Mr. OBERSTAR tained in the bill when the House a long time we see some of the unfortu- passed it in September of 2007 by a vote and me regarding how much this will nate results. cost in each of these stations. Now I of 267 Members passing the legislation. don’t mind spending money for safety. b 1415 It truly was a bipartisan piece of legis- I don’t mind imposing regulations or Those are some of my concerns and, lation. laws for safety. But this is a step back- again, I pledge to work with Mr. OBER- The bill provides increased funding ward, and it is a step away from what STAR, Mr. COSTELLO and others, and levels, as Chairman OBERSTAR indi- we should be doing, rather than saying Mr. PETRI, our ranking member. We’re cated, for the Airport Improvement on every Tuesday in the sixth month all committed to work. They all do a Program, for the facilities and equip- that we should be in Amsterdam in- great job. We all have the interests and ment program, and for the FAA oper- specting, or we should be in London in- safety of the American public at heart. ations. The funds will help improve our specting, or we should be in Ireland in- I reserve the balance of my time. airports, upgrade our facilities, and specting, or in Berlin inspecting, as Mr. OBERSTAR. I yield myself 1 modernize our air traffic control sys- this bill requires, twice-year annual in- minute. tem. spections even to countries that we I thank the gentleman for his com- In addition, we provide a consumer have already got agreements that we ments and, again, it’s been a great protection provision in this bill that would have the same high standards pleasure working through this legisla- forces airports and airlines to come up and some of the countries have even tion over the past 2 years, trying to with an emergency contingency plan, higher standards imposed, their own bring a bill through the House and to and we install a consumer hotline for higher than the U.S. conference and to conclusion, and I consumers to call the FAA for any So we take our limited resources and want to commend Mr. MICA, our rank- complaints that they may have and we do these mandated inspections ing member, for participating in var- any violations of the emergency con- whether or not we need them. And our ious discussions that we had and nego- tingency plans filed by the airports and whole system in this country we tiations with the Secretary of Trans- airlines. For any violations, there are changed some years ago for our large portation, the representative from the civil penalties. aircraft was to get away from that. We Office of Management and Budget, the It does establish a process to settle a are risk based, and that is why we are air traffic controllers, and members of labor dispute between the FAA and the the safest aviation industry in the our committee, Mr. COSTELLO in par- controllers, and it takes steps to move United States. Yes, we have problems ticular, several such negotiations with us forward in upgrading our ground- with commuters. And we should be the previous administration that un- based radar system to the next genera- using some of our resources to enhance fortunately resulted in no agreement. tion ATC. the training, the requirements, and the And the gentleman really made a seri- The United States, I think we have inspections of the commuters where we ous effort, and I greatly respect and ap- to continue to point out, has the safest are having crashes. We can’t let up in preciate his participation, but I just aviation system in the world; but in any area. But we are diverting re- want to point out, Mr. Chairman, to order to maintain that system and im- sources by this and going back to a the gentleman that the language we prove it, we need to pass this reauthor- system that did not work. have on the arbitration is not unique. ization bill. Let me make just a few So not only does this I think impair The CHAIR. The time of the gen- comments regarding a few items that safety, it also is a job killer. tleman has expired. Mr. MICA mentioned.

VerDate Nov 24 2008 00:39 May 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5917 Number one, the NATCA issue with Next Generation Air Transportation System, celed flight information monthly; and create an the air traffic controllers. There is a NextGen, and airport capital development Aviation Consumer Protection Advisory Com- process that is moving forward now projects. mittee. H.R. 915 also requires DOT to conduct with this administration. We hope that Although there are a few contentious issues schedule reduction meetings if aircraft oper- negotiations are successful, and we that have marked this reauthorization process, ations exceed hourly capacity and are ad- hope that there is a voluntary agree- virtually the entire aviation community—air- versely affecting national or regional airspace. ment. However, this bill does not con- lines, airports, general aviation, state aviation Finally, H.R. 915 also provides civil penalties tain provisions dealing with compensa- officials—have communicated to us in a uni- for violations. tion. Congress is not dictating to ei- fied voice the need to get a multi-year reau- Here at home and across the globe, more is ther the administration or to anyone thorization bill done as soon as possible. being done to reduce energy consumption and what wages should be, nor do we ad- The FAA forecasts that the airlines are ex- emissions. The aviation community continues dress that in our bill at all. It has ev- pected to carry more than 1 billion passengers to be a leader in greening its operations. We erything to do with the process, and in 2021, up from almost 760 million in 2008. further those efforts by establishing the nothing to do with salaries and bene- To deal with this growth, strengthen our econ- CLEEN Engine and Airframe Technology Part- fits. omy, and create jobs, the FAA Reauthoriza- nership and the Green Towers Program, Number two, it deals with in fact two tion Act of 2009 provides historic funding lev- which was modeled after what is currently fundamental principles: the rights of els for FAA’s capital programs. This includes being done at O’Hare International Airport. workers and the right to collectively $16.2 billion for the Airport Improvement Pro- The United States has the safest air trans- bargain. So if, in fact, you believe in gram, nearly $13.4 billion for FAA Facilities & portation system in the world; however, we collective bargaining, you will support Equipment, and $1 billion for Research, Engi- must not become complacent about our past the provisions in this bill, as we did neering, and Development. The bill also pro- success. To keep proper oversight on safety through committee and we did in 2007. vides $39.3 billion for FAA Operations over at FAA, H.R. 915 directs the FAA to increase Secondly, as far as two issues con- the next four years. the number of aviation safety inspectors, initi- cerning the foreign repair stations, I These funding levels will accelerate the im- ates studies on fatigue, and requires the FAA think Chairman OBERSTAR addressed plementation of NextGen, enable the FAA to to inspect part 145 certified foreign repair sta- that issue, but let me just comment replace and repair existing facilities and equip- tions at least twice a year. We also provide that I probably have more workers in ment, improve airport development, and pro- $46 million over four years for runway incur- my district that work in repair sta- vide for the implementation of high-priority sion reduction programs; $325 million over tions, domestic repair stations, than safety-related systems. four years for runway status lights; and require any other district in the country. If I H.R. 915 also changes the organizational the FAA to submit a strategic runway safety thought for a moment that this was a structure of the FAA’s Joint Planning and De- plan to Congress. job killer, the fact that we insist that velopment Office, JPDO, the body charged Combined with the tax title from Ways & we have two inspections per year, on with planning NextGen. To increase the au- Means, H.R. 915 does not impose new fees ground, in person, inspections on for- thority and visibility of the JPDO, H.R. 915 ele- on airspace users. This concept has gen- eign repair stations, if I thought that vates the Director of the JPDO to the status erated tremendous controversy and, frankly, would jeopardize the jobs that I have in of Associate Administrator for NextGen within has helped to seriously delay the reauthoriza- my district or any place in this coun- the FAA, to be appointed by, and reporting di- tion process. Instead, H.R. 915 would adjust try, I certainly would not be sup- rectly to, the FAA Administrator. To increase the general aviation, GA, jet fuel tax rate from porting the provision in the bill. It is accountability and coordination of NextGen 21.8 cents per gallon to 35.9 cents per gallon, not a job killer. We have the right in planning and implementation, H.R. 915 re- and the aviation gasoline tax rate from 19.3 the Congress and this legislative body quires the JPDO to develop a work plan that cents per gallon to 24.1 cents per gallon. under the agreements that we have details, on a year-by-year basis, specific We believe that Airport and Airway Trust with the European Union and others to NextGen-related deliverables and milestones Fund revenues, coupled with additional rev- move forward and insist that we have required by the FAA and its partner agencies. enue from the recommended GA fuel tax rate inspections of these foreign repair sta- Like the 2007 bill, we increase the pas- increases, and a reasonable General Fund tions so that we can protect the Amer- senger facility charge cap from $4.50 to $7.00 contribution, will be sufficient to provide for the ican people. It is a safety issue. to help airports that choose to participate in And with that, let me just conclude the PFC program meet their capital needs. Ac- historic capital funding levels required to mod- by saying this is a good bill. We are 2 cording to the FAA, if every airport currently ernize the air traffic control system. years behind in passing this legisla- collecting a $4.00 or $4.50 PFC raised its PFC There are two provisions in the H.R. 915 tion. We appreciate the support and the to $7.00, it would generate approximately $1.3 that I believe are necessary for improving mo- bipartisan relationship in working to- billion in additional revenue for airport devel- rale at the FAA; providing fair bargaining rights gether on this bill. We look forward to opment each year which strengthens our to employees of the FAA and at all express passing this bill today and then work- economy and creates additional jobs at a time carriers; and helping to maintain safety in our ing with our colleagues in the other when both are critically needed. H.R. 915 pro- aviation system. body to get an agreement so we can get vides significant increases in AIP funding for The first provision requires that if the FAA a bill on the President’s desk. smaller airports that rely on AIP for capital fi- and one of its bargaining units do not reach Mr. Chair, today is an important day for the nancing. The ability to raise the PFC and the agreement during contract negotiations, the future of our aviation system. We are consid- increase in AIP funding provides financing for Federal Mediation and Conciliation Services ering H.R. 915, the ‘‘FAA Reauthorization Act airport capital development that will help re- are used or another agreed to alternative dis- of 2009’’. This comprehensive bill would pro- duce delays. pute resolution process; this process applies vide approximately $70 billion to modernize The bill also dramatically increases funding to the ongoing dispute between the National our air traffic control system, fund airport de- for and improves the Essential Air Service pro- Air Traffic Controllers Association, NATCA, velopment, research programs, small commu- gram and reauthorizes the Small Community and the FAA. This legislation sends the FAA nity service and Federal Aviation Administra- Air Service Development program through and NATCA back to the bargaining table tion, FAA, operating expenses. H.R. 915 was 2012. where the FAA declared an impasse. It calls produced after many hearings, in-depth anal- To prevent another ‘‘meltdown’’ of the avia- for $20 million in backpay and calls for binding ysis, and a continued dialogue with the FAA, tion system like what we saw during the sum- arbitration if the FAA and NATCA cannot our colleagues, and stakeholders. mer of 2007, when the system was fraught reach an agreement. These are the same pro- Mr. Chair, this legislation is now almost two with congestion, delays and poor customer visions that were in H.R. 2881 that passed the years behind schedule. In September 2007, service, H.R. 915 mandates that air carriers House during the 110th Congress. the House approved a similar bill with a few and airports create emergency contingency I have spent many hours trying to bring both additions, H.R. 2881, by a vote of 267 to 151. plans that are approved and enforced by the sides together to work out their differences. However, the reauthorization process has Department of Transportation, DOT. This leg- Chairman OBERSTAR and I have convened been bogged down because of inaction by the islation also requires the DOT to publicize and countless meetings between the FAA and other body. Since that time we have been act- maintain a hotline for consumer complaints; NATCA in hopes of reaching a voluntary ing under short-term funding extensions and expand consumer complaints investigated; re- agreement. I know Mr. MICA and Mr. PETRI continuing resolutions that are delaying key quire air carriers to report diverted and can- have also spent time on this issue.

VerDate Nov 24 2008 00:39 May 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5918 CONGRESSIONAL RECORD — HOUSE May 21, 2009 Unfortunately, an agreement could not be time, the program continues to operate one company, and that is Federal Ex- reached and that left us with only one clear under a series of extensions, the most press; and, really, I don’t think that course of action—binding arbitration. recent one expiring September 30 this should be included in this legislation. I I strongly believe in collective bargaining year. think we’ll hear more about that from and bargaining in good faith with a fair dispute While the current economic down- other Members. resolution process for both sides. Unfortu- turn has alleviated some of the delays Other provisions raise concerns, such nately, that did not happen in 2006 and we in congestion and complaints of the as the foreign repair station language corrected that wrong in the T&I Committee by flying public, we know that once the which could have unintended con- adopting the Costello amendment with a economy recovers the system will sequences as far as trade relations with strong bipartisan vote of 53–16. This amend- again feel overwhelming strain. So the Europe are concerned, and another ment is included in H.R. 915 and will ensure urgency for this legislation remains. that would automatically sunset air- fair treatment of FAA employees. The American Society of Civil Engi- line alliance antitrust immunity agree- I am pleased Transportation Secretary Ray neers issues an infrastructure report ments 3 years after the enactment of LaHood has appointed former Federal Aviation every so often, and the most recent this legislation, which again could set Administrator Jane Garvey to oversee a team 2009 report card gives aviation a grade in train consequences we cannot under- of mediators to immediately address the con- of only a D. This is actually a lower stand at this time. tract dispute between the Federal Aviation Ad- grade than the D-plus earned in the In conclusion, I’d like to thank ministration and National Air Traffic Controllers 2005 report card. So the condition of Chairman OBERSTAR; my chairman, Association. President Obama has shown our aviation infrastructure is getting JERRY COSTELLO; Ranking Member great leadership that will guide a positive way worse here in the United States, not MICA, and certainly the staff on the forward in which aviation safety professionals better. committee for their dedicated work on will be included as valued stakeholders. The bill before us increases Federal this bill. And in conclusion, while I The second provision provides consistency investment in aviation infrastructure, support the general goal and the over- in collective bargaining rights throughout the with funding for the Airport Improve- whelming majority of this bill, I do not express carrier industry by allowing ground ment Program, which provides grants support it at this particular time. handling and trucking workers to organize from the Aviation Trust Fund for air- Mr. OBERSTAR. Mr. Chairman, I under the National Labor Relations Act, which port improvements, increased to a yield myself 15 seconds to thank the allows for organization at the local level. total of $16.2 billion over 4 years. The distinguished gentleman from Wis- Those workers who are directly involved with Facilities and Equipment Program is consin for his comments, for his con- the aircraft operation portion of those compa- increased to $13.4 billion. tribution and for his ever-present Nor- nies, like pilots and mechanics, would con- It also increases the cap on the level wegian wisdom that he has brought to tinue to be under the jurisdiction of the Rail- of passenger facility charges that an the shaping of this legislation. He’s way Labor Act. This is consistent with how airport can impose for capacity and been a splendid partner. safety projects. The cap was last raised UPS is structured today and is identical to the b 1430 provision in H.R. 2881. 9 years ago, and the $4.50 maximum With that Mr. Chair, I again want to thank charge is now worth far less due to Now I yield 3 minutes to the distin- you for working with me on this legislation. high construction costs and inflation. guished chair of the Committee on The bottom line is we need to get the FAA re- One of the most important initiatives Rules, the gentlewoman from New authorized and we need to do it now. under way at the FAA is something York (Ms. SLAUGHTER). I urge my colleagues to support the bill. known as NextGen to modernize the air Ms. SLAUGHTER. I want to talk a Mr. MICA. Mr. Chairman, I yield my- traffic control system. We need to moment about the safety of our skies self 1 minute, and then I yield 5 min- move away from a 50-year-old ground- and the frightening gap in training and utes to our ranking member, Mr. based system to one that is modern, oversight surrounding the commuter PETRI. satellite-based, and which will increase airline business. Just for the record, I want to call to the capacity of the system, lower costs, One of the worst plane accidents in the attention of Members—and we will and increase safety. The bill before us recent history occurred earlier this try to get this distributed today—this will move that modernization process year on the night of February 12, just bill, the way it is written, voids the forward. outside of Buffalo, New York. We lost 2006 contract with the FAA and air Mr. Chairman, there are a variety of 49 lives that snowy and icy night, and traffic controllers, and it reinstates the other provisions, too numerous to enu- my thoughts are with the families and generous terms and pay raises of the merate, in this bill that will improve the victims. 1998 contract which had about a 70 per- the aviation system in this country Last week the National Transpor- cent pay increase. Today, at noon the and which I strongly support. tation Safety Board conducted hear- Government Accountability Office re- However, as occurred last Congress, I ings, and we were shocked and sad- leased this report on the effects of pay am in the rather odd position of voting dened by the testimony and the revela- and compensation, particularly for air ‘‘no’’ on final passage for my sub- tions. I’m not here to revisit the sad traffic controllers and FAA employees, committee’s bill. Back in the last Con- last moments of the crew or the 45 pas- and this substantiates what I’ve said gress, the committee leadership sengers who were lost that day. We and also substantiates the very gen- worked together on a bipartisan basis still have many questions that must be erous compensation that was provided to craft and introduce a good bill. But answered and a lot of work to be done under the terms of the 1998 contract. since that time, and continuing in this to ensure it never happens again. That This bill interferes, again, with pend- new bill, various provisions have been is our responsibility and our mission. ing negotiations that the President has added which make it impossible for me I want to address the shocking condi- started, and we’re hoping to resolve at this time to support the bill. tions that many of these pilots are fac- this matter. One provision is regarding air traffic ing each and every day because of the I yield 5 minutes to the gentleman controllers. Part of the provision put- lack of rigor and training and certifi- from Wisconsin (Mr. PETRI), our distin- ting changes in future impasse proce- cation programs of commercial airline guished ranking member. dures I do not object to, but it also re- pilots. I hope we can shine a light on Mr. PETRI. I thank my colleague opens the currently imposed contract the appalling job that the FAA has from Florida, the senior member of the and includes back pay under terms of done in recent years in regulating that Transportation and Infrastructure the 1998 contract, which was estimated industry. That’s why I’ve joined with Committee, for yielding me this time. to cost the taxpayers some $1 billion my friends from New York, Mr. LEE In September of 2007, we passed a bill over the life of the bill. and Mr. HIGGINS, to introduce an very similar to the one that we are The second provision provides that amendment mandating a detailed in- considering today. Unfortunately, the we would move express carriers from vestigation by the General Accounting Senate never acted so we find ourselves being covered by the Railway Labor Office into this gap in training. once again trying to enact a much- Act of the National Labor Relations We need to look at the number of needed authorization bill. In the mean- Act, which is really directed at just training hours required for new pilots,

VerDate Nov 24 2008 02:02 May 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.024 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5919 how the carriers update and train the should not tolerate pilots being treated that Asian and Pacific Rim markets. While recip- pilots, and what kind of remedial ac- way. rocal agreements are not yet in place to the tion is taken when pilots rate unsatis- We need to reform this system so airlines same degree as with the EU, this legislation factorily, among other things. and pilots can escape from this insane busi- as currently proposed will negatively impact any attempt at amicable agreements there It is my belief that a thorough, top- ness of criss-crossing the country to work in in the future. We believe that the proposed to-bottom review of this issue is abso- different time zones for meager pay and the language would do irreparable harm to the lutely essential if we are to understand hope that one day they’ll work for a major air- hundreds of small businesses that make up the troubled reality of today’s regional line. the U.S. aviation maintenance industry and airline industry. It’s my intention to buckle down on this the thousands of Americans they employ. In Most importantly, if we don’t get all issue so we can put the focus less on the addition to the cost of certification, a great- the facts out and into the open, we are glamorous lifestyle of pilots and more on the er concern is the fact that EASA does not unlikely to be able to take meaningful quality of their training and certification and have sufficient staff to conduct twice annual steps toward reform. My intention is to safety. inspections of its 1,237 certificated U.S.- work with colleagues on this issue and I encourage all of my colleagues to support based repair facilities (as compared to only this common-sense amendment and get some 425 FAA certificated repair locations in Eu- explore legislative remedies that we rope). Stations unable to be reviewed by can take. answers on the regional airline industry. EASA personnel at such a rate would no As I look around the Chamber, I’m Mr. OBERSTAR. May I inquire of the longer be able to work on European-reg- reminded that many Members of Con- Chair how much time remains on both istered aircraft and components, thus dam- gress also take flights to get home to sides. aging stations whose customers require both their districts that are the regional The CHAIR. The gentleman from U.S. and EASA certification, and place tens airlines. And I take two of them every Minnesota has 103⁄4 minutes and the of thousands of U.S. jobs at risk. week. And in the gallery I’m sure there gentleman from Florida has 14. Finally, if enacted as written, Section 310 are visitors who have flown to Wash- Mr. MICA. Mr. Chairman, I yield my- would prevent a manufacturer from either ington from their hometowns. Every self 15 seconds, and then I would like to rebuilding a part under its current authority day people from coast to coast in small yield 1 minute to the gentleman from or repairing a part it manufactured as a sub- cities and major hubs catch a plane Texas (Mr. BRADY). contractor to a repair station or air carrier. Just 15 seconds to add in the RECORD To remedy this unintended consequence, we from work to see a loved one, or simply recommend adding employees of manufac- to get away. All deserve the confidence that the repair station provision I will cite for different Members, in Mr. turers to the list of persons authorized to that the pilots in the front of the plane perform work for part 121 air carriers, either are trained and ready for work when COSTELLO’s district, according to directly or as a subcontractor to a repair that aircraft pushes back from the Midcoast Aviation, will cost us and kill station. 1,339 jobs. tarmac. Gentlemen, in order to protect the tens of GE, It’s my understanding that the salary thousands of U.S.-based aviation mainte- Washington, DC, March 3, 2009. of one of the pilots on that plane was nance professionals, we respectfully request Hon. JAMES L. OBERSTAR, that you amend Sections 303 and 310 to en- $16,000 a year. I can only imagine how Chairman, House Transportation and Infra- sure it will be applied in a manner consistent little the attendants were paid. These structure Committee with United States obligations under inter- young pilots earn far less than pilots at Hon. JOHN MICA, national agreements. As always, GE stands Ranking Member, House Transportation and In- major carriers and struggle to make committed to working with Congress to frastructure Committee ends meet. My guess is it would sur- stimulate the economy while protecting U.S. CHAIRMAN OBERSTAR AND REPRESENTATIVE prise many of the passengers on a typ- manufacturing jobs. ical commuter flight to know the cap- MICA: This is to express great concern over the foreign repair station language con- Sincerely, tain was paid less than a bus driver. tained in Sections 303 and 310 of H.R. 915 the SEAN O’KEEFE, Worse still, we learned during the FM Reauthorization Act of 2009. On behalf of Vice President. hearing that many of the pilots fly GE Aviation, a world-leading producer of when they are sick and when they have commercial and military jet engines and CHAMBER OF COMMERCE not been able to have food. Imagine components as well as integrated digital, OF THE UNITED STATES OF AMERICA, that. A pilot responsible for a plane electric power, and mechanical systems for Washington, DC, May 20, 2009. aircraft, we are very concerned that these full of men, women and children, who TO THE MEMBERS OF THE U.S. HOUSE OF provisions will significantly compromise the is sick but can’t take the day off; hun- REPRESENTATIVES: The U.S. Chamber of U.S. competition in position. GE Aviation Commerce, the world’s largest business fed- gry and can’t stop and get lunch. also has a global service network to support eration representing more than three million We have discovered the training is these offerings, including 29 repair stations businesses and organizations of every size, stunningly inadequate. in the United States and 20 in foreign coun- sector, and region, supports the intent of We have also discovered that the training tries. Our U.S. repair stations employ over H.R. 915, ‘‘The Federal Aviation Research 3280 high-wage, highly skilled employees. If for some of these pilots is stunningly inad- and Development Reauthorization Act of enacted as written, these sections could lead equate. 2009,’’ which would accelerate implementa- to retaliatory actions by the European Com- For example, the pilot in the Buffalo crash tion of the Next Generation Air Transpor- munity, raise repair station initial certifi- had apparently failed a hands-on proficiency tation System (NextGen) initiative, support cation and renewal costs twenty-fold, place exam not once but three times. He covered vital investments in aviation infrastructure, U.S. repair stations at a competitive dis- and provide for day-to-day operations, main- that up on his job application and the fact was advantage in a very difficult economy, and tenance and research. However, the Chamber not discovered until after the accident, accord- put many thousands of American jobs at has significant concerns with three provi- ing to the testimony we heard last week. risk. sions in H.R. 915 relating to foreign repair And even after that pilot was hired by In recent conversations with the FAA, Eu- stations, antitrust immunity, and roll-back ropean officials have made it clear that, Colgan, he actually failed two additional check of the contract between the National Air should these provisions be enacted, the Euro- rides but still was certified to fly. That’s five Traffic Controllers Association (NATCA) and pean Aviation Safety Agency (EASA) would failed tests—five too many if you ask me. the FAA. The Chamber urges Congress to ad- reciprocate and require the same twice-an- Passengers on a typical flight would be hor- dress these concerns as the legislative proc- nual inspections of its U.S.-based certifi- ess continues. rified to learn that the pilot flying their plane cated facilities. Based on EASA’s own esti- was a repeat failure on such a basic skill test. mates, certification costs for repair stations Improving and modernizing the air traffic And finally the way that these pilots are as- would rise from an average of $960 to $32,100 control system, which is at the heart of signed routes—which in many cases are hun- per station, if they conducted only one an- America’s aviation woes, must be a national dreds if not thousands of miles from their nual inspection per facility. Such a drastic priority. Congress must act to transform the homes—appears to me to be a recipe for dis- increase in certification costs would pose U.S. aviation system to meet the expected 36 aster. In the case of the Buffalo crash, both pi- significant hardships on repair facilities percent increase in fliers by 2015 by expe- throughout the U.S. diting air traffic control modernization and lots had flown from across the country just to There are approximately 2,000 FAA-certifi- providing the necessary investment to in- arrive at their route—one from Florida and one cated repair stations worldwide—over 1200 of crease national aviation system capacity. from Seattle. Both had apparently slept in a them are in the U.S. On the other side of the The FAA needs to move forward with the lounge—if they slept at all. Trying to rest in a globe, the aerospace industry has experi- NextGen initiative by deploying available lounge or an airplane is not safe and we enced substantial growth in the emerging state-of-the-art ground, air, and satellite-

VerDate Nov 24 2008 02:02 May 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.052 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5920 CONGRESSIONAL RECORD — HOUSE May 21, 2009 based technologies as soon as possible. The tration to resolve contract disputes would tation systems. If the U.S. is not perceived Chamber believes that H.R. 915 would sup- not serve the best interests of the system, its as the leader in deploying this technology, port this priority. users, or the taxpayers. Overturning this then opportunities for U.S. manufacturers The Chamber supports the robust General contract could cause controller hiring to be and workers will he lost forever. Fund contribution to aviation programs con- significantly reduced or even terminated, In addition to the acceleration of NextGen, tained in H.R. 915. Historically, General and technician hiring to be slowed or elimi- I would like to bring to your attention an Fund revenues have been used to pay for a nated. Undoing the current contract would issue of great concern to our members who significant portion of the FAA’s costs and re- be costly—CBO estimates the cost at $1 bil- manufacture for the aviation sector and op- flect the public’s interest in a safe and effi- lion—and would divert more of the FAA’s erate aircraft repair stations both here in cient air transportation system. Throughout budget away from modernizing the U.S. air the United States and overseas. The bilateral the FAA reauthorization discussions and de- traffic control system. Such efforts would ul- air safety agreement between the U.S. and velopment of the bill, the Chamber has con- timately undermine the FAA’s ability to E.U. signed in June 2008 will be compromised sistently stated that a robust General Fund modernize the air traffic control system. if language contained in Section 303 of H.R. contribution is key. Specifically, this con- Maintaining, modernizing and expanding 915 is enacted as written. The legislation tribution meets several vital national inter- the infrastructure and capacity of the U.S. calls for semi-annual FAA inspections of its ests including: national defense; emergency aviation system are, and will continue to be, certified repair stations overseas. Such FAA preparedness; postal delivery; medical emer- top priorities for the business community. inspections in Europe will directly violate gencies; and full implementation of a na- The Chamber looks forward to working with this agreement which calls for reciprocity of tional air transportation system. According Congress to improve this legislation as the both aircraft certification and inspections of to the Congressional Budget Office esti- legislative process continues. repair stations. mates, the average General Fund contribu- Sincerely, If H.R. 915 becomes law, the E.U. has stated tion to aviation programs from 2009–2012 will R. BRUCE JOSTEN, that it will retaliate by imposing a require- be 32%. With this General Fund commit- Executive Vice President, ment for European aviation personnel to in- ment, the FAA will be in a position to work Government Affairs. spect U.S.-based E.U.-certified aircraft re- with industry to meet the public interest pair facilities twice a year—entailing a dra- and manage the impending increase in pas- NATIONAL ASSOCIATION matic increase in associated fees charged to sengers and the systems developed to provide OF MANUFACTURERS, those U.S. facilities. Such a development for them. Washington, DC, April 20, 2009. would threaten businesses and thousands of However, the Chamber is concerned with Hon. NANCY PELOSI, American jobs by making international air- three provisions in this legislation. The Speaker of the House of Representatives, craft repairs in the United States costly and The Chamber opposes Section 303 of the Washington, DC. uncompetitive. Preventing job losses and legislation unless amended to address serious DEAR MADAM SPEAKER: The six month Fed- maintaining a manufacturing and a skilled international trade concerns. As written, the eral Aviation Administration (FAA) author- labor workforce in the current economic cli- bill jeopardizes many of the 129,000 jobs at ization extension recently signed by Presi- mate must he paramount. Additionally, if more than 1,200 European Aviation Safety dent Obama provides additional time to re- the current agreement breaks down to a Agency (EASA)-certified aviation repair sta- solve outstanding issues as Congress, the Ad- point where it is unworkable between the tions in 46 states. Section 303 calls for bian- ministration and stakeholders work to U.S. and E.U., then American access to Euro- nual FAA inspections of its certificated re- achieve a consensus to reauthorize the FAA pean markets will be further challenged by pair stations overseas. and its critical programs. We believe that a the re-introduction of a redundant and in- This provision violates the 2008 bilateral robust FAA reauthorization is critical to re- consistent regulatory structure that will aviation safety agreement with the Euro- building and supporting a modern transpor- jeopardize exports of American aircraft, en- pean Union (EU), which calls for reciprocity tation infrastructure that meets today’s de- gines; and other components. The retaliation of both aircraft certification and inspection mands for moving people and goods. How- threat from the E.U. is real and we must of repair stations. If this inspection require- ever, the National Association of Manufac- work together to maintain the integrity of ment is applied to Europe, the E.U. would be turers (NAM) would like to note two issues our existing a agreements with our key trad- forced to impose reciprocal requirements for of national competitiveness that Congress ing partners. European aviation personnel to inspect U.S.- must appropriately address as H.R. 915, the The United States remains the leader in based, E.U.-certified aviation repair facili- FAA Reauthorization Act, is further con- international aviation in terms of safety and ties. This requirement would result in a templated. competitiveness, but our rivals in Europe major increase in the associated fees charged While we enjoy the safest aviation system and Asia are not far behind and seek oppor- to those U.S. facilities and could threaten in the world and continue to maintain our tunities to get ahead of the iconic American thousands of American jobs by making inter- high levels of safety, the United States must aviation industry. The NAM is concerned national aircraft repairs in the U.S. more seize the opportunity to transition from an that H.R. 915 unwittingly provides the oppor- costly and less competitive. Preventing antiquated air traffic system designed in the tunity for our competitors to gain an advan- these job losses and protecting American 1950s to a fully modern, digitally integrated tage that will translate to fewer high-skill businesses is simple and straightforward: 21st century Next Generation Air Transpor- and high-wage jobs in the U.S., less exports, Section 303 should be amended to be con- tation System (NextGen). The NAM fully and a further weakened aviation industry sistent with U.S. international obligations supports the goals of NextGen contained in that is already challenged by the current like the U.S.-E.U. bilateral aviation safety H.R. 915 and appreciates the designation of economic environment. agreement. NextGen as a national infrastructure pri- Sincerely, The Chamber also opposes Section 424, ority. However. the legislation must also call JOHN ENGLER, which would automatically sunset existing for an accelerated deployment effort that is President and CEO. grants of antitrust immunity and prohibit focused on achieving critical outcomes over renewal unless the Secretary of Transpor- the next two to five years. The President’s I yield now to the gentleman from tation determines whether to adopt new identification and $800 million commitment Texas (Mr. BRADY). standards for authorizing international air- to NextGen in the FY2010 budget request is a Mr. BRADY of Texas. Mr. Chairman, line alliances and granting antitrust immu- commendable first step hut that funding Ranking Member MICA, Chairman nity. Alliances provide a way for U.S. air- level will not adequately accelerate NextGen OBERSTAR, today I rise reluctantly in lines to serve their customers globally, efforts. Providing reasonable incentives for opposition to the FAA Reauthorization strengthen air carriers’ financial perform- airlines and operators to invest in the nec- Act of 2009. ance and competitive position, and serve pas- essary technology must he a priority. I have several concerns about the bill sengers through more frequent and conven- NextGen is not a typical federal procurement that I believe undermine the inter- ient services and connecting options. Based and a program of this magnitude and com- national competitiveness of the Amer- on data from the Air Transport Association’s plexity requires a steady, reliable, and ro- member airlines, this bill could cost as many bust funding stream in order to be success- ican airline industry. as 15,000 U.S. airline jobs alone, not to men- ful. Section 425(e) of this bill would sun- tion the indirect effect on employment at The benefits of NextGen are real and the set in 3 years the antitrust immunity other U.S. and international companies. opportunity to reduce greenhouse gas emis- for U.S. air carriers that participate in Finally, the Chamber strongly opposes sions, reduce travel times, and provide great- international alliances. This provision Section 601 of the legislation, which would er system-wide throughput will reap rewards could threaten the viability of our U.S. require application of a new dispute resolu- for years to come and help keep the United airline industry and hurt customers. tion process to the ongoing dispute between States on competitive footing as the nation At a time when the economy is strug- the NATCA and the FAA. Although the emerges from an unprecedented economic re- gling and people are traveling less, it’s Chamber strongly supports and appreciates cession. As the Europeans introduce their the work the air traffic controllers under- version of NextGen, other nations with grow- not wise to further impair American take every day to make the America’s air- ing air traffic, like China and India, will carriers’ ability to deliver the best pos- ways safe, rolling back a lawfully imple- look to the U.S. and European Union to sible service. Unfortunately, that’s ex- mented contract and requiring binding arbi- guide the evolution of their air transpor- actly what this provision does, and I

VerDate Nov 24 2008 02:50 May 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.027 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5921 hope it is removed before the bill is I find yet today on the House floor with an easy connection with the Dal- presented to the President. much of the time today is being spent las Love Field Airport. And I respect- Alliances help better serve Ameri- talking about this very issue. And I fully ask the distinguished chairman to cans traveling both at home and first might say that perhaps the other work with me to ensure that Dallas abroad, and allow airlines to pool re- 430 Members of this body too deserve Love Field Airport receives priority sources to better deliver customer the opportunity to weigh in on whether consideration for the program outlined service. When airlines partner to- or not this provision is good or bad for in section 114 of this bill. gether, consumers have improved book- America, and specifically, good or bad I want to thank you, Aviation Subcommittee ing and connecting options, industry for their district. Chairman COSTELLO and Ranking Member competition is increased, and lower I’m not going to suggest to another PETRI for your work on this bill, particularly in fares are more accessible. Member that it’s going to be bad for the area of intermodalism as outlined in Sec- The CHAIR. The time of the gen- their district. I can only speak for my- tion 114 of the bill. tleman has expired. self, and I will tell you, it will be. One Expansion of passenger facility charge Mr. MICA. I yield the gentleman an- company in my district, it may be (PFC) eligibility to include Intermodal Ground other 30 seconds. small, Standard Aero in Springfield, Il- Access Projects at Airports is of utmost impor- Mr. BRADY of Texas. If U.S. carriers linois, does $5 million of business, even tance to my congressional district. lose these benefits because of a short- given the economic downturn, working This Committee cares deeply about inter- sighted sunsetting of immunity, Amer- on aircraft from other countries. This modalism and I care deeply about intermod- ican jobs will be at stake. The Air provision that will require FAA inspec- alism. Transport Association estimates that tions of foreign service stations, Mr. OBERSTAR. If the gentlewoman we may lose as many as 15,000 U.S. air- there’s no question what the result will will yield. line jobs if this sunsetting occurs. With be. The European Union, with whom we Ms. EDDIE BERNICE JOHNSON of the economy as it is today, we cannot have an agreement now, will recip- Texas. I will yield. afford losing these good American jobs. rocate, will retaliate. It’s not a ques- Mr. OBERSTAR. The provision in Mr. OBERSTAR. I yield 1 minute to tion; they’ve been very clear. They’ve section 114 establishes a pilot program the distinguished gentleman from Illi- said it in public. They’ve gone so far as envisioning four to five pilot projects nois (Mr. COSTELLO). to write a letter to this administration to be determined by the Secretary of Mr. COSTELLO. Mr. MICA, let me and this body stating that. Transportation. I will gradually join just say that when you state that When that happens, they’ve also been with the gentlewoman and appeal to Midcoast Aviation will lose 1,300-and- very clear what will happen. They the Secretary on behalf of the Dallas something jobs, you’re supposing a lot don’t have the inspectors to come over project. I think it makes good sense. I of things will happen here. There is no here to service our stations, to inspect think it would be a splendid candidate evidence at all that any repair station our service stations. And as a result, and would be happy to support her in in this country will lose one job. You our service stations who currently advocating for selection of the Dallas suppose that there will be retaliation. work on foreign aircraft will no longer Love Field project. You suppose that it will break an be able to. There are over 1,200 of these Mr. MICA. Mr. Chairman, I yield my- agreement that we have with the Euro- stations, one of them in my town of self 15 seconds. pean Union, and, in fact, it does not, Springfield, Illinois. So this question I see in the Chamber, Mr. Chairman, and I think Chairman OBERSTAR made about what will happen is bogus. It’s Congressman COHEN. And while he has that clear. been very clear. some provisions in this that will do So I think we could stand here to- The argument of safety has yet to be much damage to his district, the repair night or today and say that if this air- justified. The idea that additional in- station job-killer provision will kill, line went bankrupt or if this business spections and duplicative inspections could kill 218, I have a list of the com- went bankrupt, so many jobs would be somehow makes us safer has been yet panies, high-paying jobs. lost, or certain action was taken to- to be justified. And since this agree- I yield 2 minutes to the gentlelady ward a company, that these jobs would ment between the European Union and from Wyoming (Mrs. LUMMIS). be lost. But there’s a lot of things that our country, which has made our in- Mrs. LUMMIS. Mr. Chairman, I rise have to happen before one job is lost. spections process more efficient, has today to engage in a colloquy with the And as I said earlier, and I will re- been in effect for a number of years chairman of the Committee on Trans- peat again, if I thought for a minute now, there’s been little evidence to portation and Infrastructure, Mr. that either the repair station in my suggest that we’re any less safe. OBERSTAR. district, and there is more than one, or And at a time when we have a crisis Mr. Chairman, section 311 of the bill the repair stations in any district in on our hands with commuter aircraft directs the FAA to complete its anal- the country would suffer as a result of and an inability within the FAA to ysis and recommendations for updating this, I would not be supporting the pro- provide adequate inspections and safe- the aircraft, rescue and firefighting vision. ty for the American citizens who travel standards at our Nation’s airports. I Mr. MICA. Mr. Chairman, I would on that aircraft, I would suggest that is agree that the FAA should complete an like to yield myself 15 seconds. where our money, our attention and update on firefighting standards, and So for 15 seconds, I see Ms. Johnson the FAA’s time and talent ought to be commend the chairman for his dedica- in the Chamber, and her district, I have focused. tion to improved safety at our airports. the list of aviation centers in her dis- I, too, agree there’s much good in However, I am concerned that the pre- trict that will lose a total, or could this bill. But I’m, unfortunately, going scriptive language in section 311 would lose a total of 1,735 job. Again, job-kill- to have to oppose it because of these unnecessarily create a significant fi- er provisions in this legislation. provisions which will cost jobs in my nancial burden on small rural airports I yield 3 minutes to the gentleman district. least capable of absorbing cost in- from Illinois (Mr. SCHOCK) a member of Mr. OBERSTAR. I yield 2 minutes to creases. our committee. the distinguished chair of our Water Will the chairman confirm that it is Mr. SCHOCK. I, too, rise with con- Resources Subcommittee, Ms. JOHNSON not the intent of H.R. 915 to saddle cerns about section 303. As the author of Texas. small airports and rural communities of an amendment that would have Ms. EDDIE BERNICE JOHNSON of with unnecessary unfunded mandates? worked to rectify this job-killing por- Texas. I rise to have a colloquy with Further, can the chairman assure me tion of the bill, I went before the Rules the chairman. that he will work with me and other Committee yesterday and heard from The Dallas Area Rapid Transit, Members from rural districts to ensure our distinguished chairman, Mr. OBER- DART, has been a leader in promoting that there is adequate flexibility in STAR, our ranking member, Mr. MICA, intermodalism throughout the North aircraft rescue and firefighting stand- Mr. COSTELLO and Mr. PETRI, all who Texas area region. And the City of Dal- ards to account for the unique needs of spoke to the issues of these FAA in- las plans to construct an intermodal small rural airports? spections. connector that will provide passengers I yield to the chairman.

VerDate Nov 24 2008 02:01 May 22, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.054 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5922 CONGRESSIONAL RECORD — HOUSE May 21, 2009

b 1445 Mr. MICA. I would like to yield my- Mr. OBERSTAR. I yield 11⁄2 minutes Mr. OBERSTAR. I thank the gentle- self 30 seconds to respond. Then I would to the distinguished gentleman from woman for raising this issue and for like to yield 2 minutes to the gen- Utah (Mr. MATHESON). yielding. tleman from Ohio (Mr. LATOURETTE). Mr. MATHESON. Mr. Chairman, I I, too, represent a district with a Mr. Chairman, I had my staff compile rise today to engage in a colloquy with large rural area and many small air- the number of jobs that would be killed the chairman, Mr. OBERSTAR. First, I ports. The standards for firefighting on in the Transportation and Infrastruc- want to thank you for recognizing the board aircraft have not been updated ture Committee members’ districts. importance of the St. George Airport for years, and it is time to do that. It The previous speaker from Georgia rep- to my constituents in Utah. As you know, on October 17, 2008, the is not our intent that this updating resents probably one of the busiest air- City of St. George, Utah and the Fed- should impose exceptional, unusual, or ports and activities in the United eral Aviation Administration broke heavy burdens on small airports. In States, and he has expressed concerns. ground on the construction of a new re- fact, the language in section 311(d) I don’t know how many jobs will be placement airport that will provide air states that, during the rulemaking pro- killed in his district. In Ms. RICHARD- service to the over 300,000 residents of ceeding, the FAA shall assess the po- SON’s district in California, which is suffering from a downturn in the econ- southern Utah. This is one of the few tential impact of any revisions to the omy, they could lose 1,015 jobs. new airports being built in the coun- firefighting standards on airports and I will yield now 2 minutes to the gen- try. The total project will cost $168 on air transportation service. tleman from Ohio (Mr. LATOURETTE). million, and airport operations are We are going to be very clear that Mr. LATOURETTE. I want to thank scheduled to begin on January 1, 2011. they take into account the unique cir- Mr. MICA for yielding to me. The project is being funded largely cumstances. Many small communities I want to commend the chairman of through Federal grants, covered by a can share firefighting services with the full committee, Mr. OBERSTAR; the letter of intent from the FAA, in the local firefighting organizations. chairman of the subcommittee, Mr. amount of $119 million. Unfortunately, The CHAIR. The time of the gentle- COSTELLO; the ranking member of the St. George still needs funding for navi- woman has expired. full committee, Mr. MICA; and the sub- gation aids, including an instrument Mr. OBERSTAR. I yield the distin- committee ranking member, Mr. landing system. These are critical of guished gentlewoman another 30 sec- PETRI, for bringing us, again, this well- the safety of operations at the airport. onds. crafted bill. It looks a lot like the bill I appreciate the committee’s recogni- There are airports where that doesn’t that was successfully passed by a big tion of Secretary LaHood’s commit- exist, where that capability does not margin here in the House during the ment to fully fund the navigation aids exist. So we will be watching the rule- last Congress. Sadly, the Senate component of the airport. I remain making process very carefully. I will be couldn’t see its way clear to pass it. committed, as I hope the committee glad to work with the gentlewoman to I want to speak specifically on one will, to ensuring that the FAA funds ensure that in the process small air- issue. My time on the Transportation these important safety enhancements ports are heard and that in the end and Infrastructure Committee has by 2010. their concerns are reflected. come to an end, sadly, but I’d like to With that, I would yield to the chair- Mrs. LUMMIS. I thank the chairman consider myself an ex officio member man. for his willingness to work together. I as we talk about this one issue. That is Mr. OBERSTAR. I want to com- would also like to thank the gentleman the issue of the air traffic controllers. pliment the gentleman for his vigorous from Nebraska, Mr. ADRIAN SMITH, for I’m a Republican, and I’m proud to be and persistent advocacy for the St. his valuable assurance on this impor- a Republican but I have to tell you George Airport. I’m delighted that Sec- tant issue. that one of my great disappointments retary LaHood has committed to fund 1 Mr. OBERSTAR. I now yield 1 ⁄2 min- during the last administration is that I the navigation aids for the St. George utes to the distinguished gentleman do believe President Bush was ill- Airport. We encourage him to stay on from Georgia (Mr. JOHNSON), the chair served by his advisers who told him to track, and we’ll continue to work with of a subcommittee of the Judiciary declare an impasse in the negotiations the gentleman in pursuit of that objec- Committee. between the administration and the air tive. Congratulations on your advo- Mr. JOHNSON of Georgia. Mr. Chair- traffic controllers and to basically im- cacy. man, I rise today in support of the FAA pose a contract on them. Mr. MATHESON. Well, I thank the Authorization Act of 2009, which deals I think everybody on this floor now chairman always for his support. with international airline alliances, engaged in the debate has been inside Mr. MICA. Mr. Chairman, I yield my- which under current law, are eligible an air traffic control center and has self 30 seconds. for antitrust immunity. seen these dedicated men and women Again, the figures that I’m using I want to focus on section 425 in my who are peering in the dark at screens, about the job-killing provisions, par- limited time. It directs a study on the controlling 10, 12, 15 jetliners filled ticularly on the repair station provi- procedure by which these airline alli- with 138 or 150 Americans and travelers sion, are not my guesstimates. These ances are approved and given antitrust to our country, making sure that they are provided by industry. immunity. It would also sunset all get there safely. I don’t see Ms. BROWN on the floor, such antitrust immunity in 3 years. Now, it’s not my belief that every- but my colleague Ms. BROWN and I After that time, the airlines would body who works in this country is enti- share a district in Florida, its bound- have to reapply under whatever new tled to have a contract that they’re aries, and it’s estimated that 935 jobs standards the Secretary of Transpor- happy with. It is my belief, however, could be lost. This is when our area is tation adopts as a result of the study. that everybody who works under a con- suffering from 10 to 15 percent unem- Mr. Chairman, sound antitrust policy tract, a labor-negotiated contract, has ployment, and these are high-paying is a critical part of ensuring that cus- the right to be happy about the process jobs. tomers receive the full benefits of a in which it was reached. This contract Mr. OBERSTAR. I yield now 2 min- competitive marketplace. As chairman imposed by the last administration was utes to the distinguished gentleman of the Judiciary Committee’s Courts not fair. I give credit to the Obama ad- from Colorado (Mr. SALAZAR). and Competition Policy Subcommittee, ministration for appointing Jane Gar- Mr. SALAZAR. Mr. Chairman, today I’m committed to ensuring that inter- vey to move that process forward. I rise to enter into a colloquy with the national air transportation policy is These people do an important job. distinguished chairman of the Trans- properly reconciled with sound anti- Some people say they make too much portation Committee. trust policy. money, but I’ll tell you what, that’s First of all, Mr. Chairman, I would I appreciate the Transportation Com- what you work out in negotiations. So like to thank you and Mr. COSTELLO for mittee’s commitment to this, and I they’re entitled to have a contract your strong leadership and for improv- also appreciate the Judiciary Com- where their representatives sit down ing the safety of air ambulance oper- mittee for allowing us to share in this. and, eyeball to eyeball, talk to folks in ations. I want to thank you for work- I thank you very much. the administration and get this done. ing with us on this issue over the last

VerDate Nov 24 2008 02:01 May 22, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.057 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5923 couple of years. I’ve had an oppor- Mr. OBERSTAR. I yield 1 minute to The CHAIR. The gentleman from tunity to discuss my legislation with the distinguished gentleman from Illi- Florida has 21⁄2 minutes. The gen- you. nois (Mr. COSTELLO). tleman from Minnesota has 11⁄2 min- Mr. Chairman, I rise today to support Mr. COSTELLO. I would ask you, Mr. utes. your amendment, which includes a sec- MICA: In the figures that you were Mr. MICA. Mr. Chairman, I will con- tion that will enhance the safety of using from Midcoast Aviation and all clude and yield myself the balance of helicopters to the air medical safety of the other figures you just said, 7,000 my time. community. As you know, there have and something jobs in Democrat dis- Again, we’ve worked hard. We have a been far too many fatal accidents over tricts on the Aviation Subcommittee, common goal here. Mr. OBERSTAR cares the years, and I thank the chairman are you assuming that all of those fa- deeply about the safety and viability of for working on this issue over the past cilities will close, that they will com- our American aviation industry. 4 years. pletely shut down and that every job Mr. COSTELLO shares that concern, We have seen three fatal air ambu- will be lost? lance crashes in my district. A flight I yield to the gentleman. our chair of the Aviation Sub- crew from Steamboat Springs crashed Mr. MICA. Well, first of all, we got committee. Mr. PETRI, our ranking Re- on January 11, 2005. A few months the information both from the FAA publican. We have the leaders of avia- later, on June 30, 2005, an EMS heli- and from industry. tion. When I came to Congress, Mr. copter crashed in Mancos, Colorado. On Mr. COSTELLO. I understand. OBERSTAR was the chairman at the October 4, 2007, we lost three lives near Mr. MICA. We may lose that many Aviation Subcommittee. I had the op- Pagosa Springs. Two of those involved jobs if there is retaliation. portunity for 6 years during a very dif- fixed-wing aircraft, and that is why it’s Mr. COSTELLO. Reclaiming my ficult time in the history of the coun- so critical to improve the safety stand- time. try from 2001 for 6 years to lead that ards on all aircraft that provide air Meaning, for every single person em- committee. ambulance services. ployed at Midcoast Aviation and for Our interest is safety. Now, there are Mr. LUNGREN and I introduced legis- every facility on the list, if our Euro- very good provisions in this bill, and lation to increase the safety of all air- pean friends retaliate, all of those fa- we’ve worked together to put them craft, not only of helicopters, and of pi- cilities are going to shut down, and ev- there. There are some hiccups here and lots providing air ambulance services. erybody is going to lose their jobs? Is some things we wish were not in the Our legislation includes both heli- that what you’re saying? bill. I have great concern about this re- copters and fixed wings. Mr. MICA. Well, we’re not certain, pair station provision and the jobs that I would like to ask if you would be but again I’m telling you what the in- it may kill. I don’t know how many. willing to work with us to include all dustry says. We have countless groups All I have is the information. We took aircraft that provide air medical serv- that have said that this is a job killer the information from the districts of ices in the future. to the industry. just the members on the sub- I yield to the chairman. Mr. COSTELLO. You’re listing the committee, and it’s 11,000. This is a bi- Mr. OBERSTAR. Mr. Chairman, the number of people who work at those fa- partisan job-killing provision—11,442 distinguished gentleman from Colorado cilities? just on our small subcommittee in Con- has been most persistent and vigilant Mr. MICA. I don’t know how many gress. We can’t take that chance now. on this issue of aviation safety. As the jobs will be lost. gentleman rightly noted, there have Now, you heard Mr. JOHNSON, I be- b 1500 been a number of air ambulance crash- lieve, from Georgia talk about the es in his district, two of which were Mr. MICA. I would like to yield 1 antitrust provisions. And we’re told by fixed-wing aircraft. minute, if I may to Mr. COHEN. the Air Transport Association the job- The CHAIR. The time of the gen- (Mr. COHEN asked and was given per- killing potential of that antitrust pro- tleman has expired. mission to revise and extend his re- vision that was not in the bill that was Mr. OBERSTAR. I yield the gen- marks.) voted on by Congress last time, it’s a tleman an additional 30 seconds. Mr. COHEN. This is an excellent bill, new provision and a job-killing provi- We intend to concentrate the atten- and Mr. OBERSTAR and Mr. COSTELLO sion. tion of the FAA on helicopters because have done a great job. But there is a Our interest here is putting people to the preponderance of the problem has provision which affects the number one work and making this system safe, not been helicopter services, but the FAA industry in my district, Federal Ex- doing away with jobs. So we’ve got to can and should take action also on press, in a way that could be very ad- ensure that the provisions of this are fixed-wing aero medical service safety. verse to my community and to that sound for safety, sound for the current Mr. COSTELLO and I will work with the corporation. It lifts them out of the operations of our Federal Aviation Ad- gentleman not only to ensure that heli- Railway Labor Act where they’ve been ministration system, and sound, also, copter ambulance service is held to the in their entire history and changes 80 for the future. highest standard but also that of fixed- years of case and court law. The Rail- With that, I pledge to work with my wing aircraft. way Labor Act was created to keep our colleagues because this bill will prob- I appreciate the gentleman’s persist- labor moving and have labor and man- ably pass today. I wouldn’t want to go ence on this subject and his knowledge agement in express carrier airline and back during Memorial Day and say I on the issue. railroad services work in a very special voted, however, for a measure—and we Mr. SALAZAR. I appreciate the way to protect interstate commerce just heard Mr. COHEN from Tennessee chairman’s commitment, and I look and keep it flowing. This could jeop- make a plea because this has job-kill- forward to continuing to work to- ardize that particular situation. ing provisions for him—and say this gether. If we want to repeal the Railway may kill high-paying jobs in your dis- Mr. MICA. Mr. Chairman, I would Labor Act, that’s one thing, but to lift trict. like to yield myself 30 seconds. a company out of it specifically is not Well again, I’ve talked about the job- fair when there has not been a hearing. I yield back the balance of my time. killing provisions of the repair station My airport authority, my Chamber of Mr. OBERSTAR. I yield myself the mandate in this bill. On our small Commerce, and most of the business minute and a half remaining. Aviation Subcommittee, it has the po- leaders in my community are against I would not want to come back on tential for killing 7,100 high-paying the bill for this reason, and for that this floor at some future date and have jobs in Democrat districts. This is an reason, I will have to vote ‘‘no.’’ But to respond to an air tragedy because an equal opportunity job killer because in there is so much good in it, it’s a re- aircraft wasn’t properly inspected in a Mr. PETRI’s district, a gentleman who grettable vote. foreign repair station that was not is here in a Republican district, it Mr. OBERSTAR. We reserve the bal- properly crewed or supervised by U.S. could do away with 850 jobs. I also ance of our time. personnel. We have the personnel in know Wisconsin needs those high-pay- Mr. MICA. Can I inquire as to the Europe to do the inspections. If the Eu- ing aviation industry jobs. balance of time on both sides, please. ropean community says—and they’re

VerDate Nov 24 2008 02:01 May 22, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.060 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5924 CONGRESSIONAL RECORD — HOUSE May 21, 2009 crying wolf, they’re screaming inani- with respect to our nation’s labor laws, and the My provision in H.R. 915 will add an impor- ties here that they don’t have the per- inclusion of three types of entities under the tant layer of protection by requiring the De- sonnel to inspect mutually in the U.S., Railway Labor Act: railroads, airlines and ex- partment of Transportation to investigate con- then that’s their problem. It’s not ours. press carriers. sumer complaints for a broad range of issues, But I want to say that the Congres- This is a very complex issue that could have including flight cancellations, overbooking, lost sional Antitrust Modernization Com- drastic consequences, which could negatively baggage, ticket refund problems, and incorrect mission recently made this rec- impact our interstate commerce. A hearing or incomplete fare information. ommendation: ‘‘Statutory immunities should have been held in order to have an My provision won’t try to reinvent the wheel. from the antitrust laws should be adequate public exploration of the policy sur- The Department of Transportation already op- disfavored. They should be granted rounding the issue or the effect on private in- erates a division that handles airline consumer rarely and only where, and for so long dustry and the nation, or in this case, one complaints with authority to issue warnings as, a clear case has been made that the company. and fines. conduct in question would subject the Mr. Chair, through my long legislative ca- What I am proposing is a simple expansion actors to antitrust liability and is nec- reer, I have always been a strong supporter of of the division so that they have the authority essary to satisfy a specific societal collective bargaining and I have been a long- and resources to investigate a wide range of goal that trumps the benefit of the free time friend to labor. I have stood with them on legitimate consumer grievances. I think that’s market to consumers and to the U.S. important issues, like minimum wage, Davis a fair and reasonable response to the over- economy in general.’’ Bacon, and trade agreements to protect Amer- whelming problems the American people have We are not terminating alliances. ican jobs and support American standards. endured. The language in this bill says that the However, this is not about denying workers As we move forward to conference with the antitrust authority shall expire at the an opportunity for collective bargaining, this Senate, I also want to emphasize the impor- end of 3 years. The alliance can con- provision is about switching the jurisdiction of tant safety measures in this legislation. tinue. There is nothing wrong with al- a technical term in our labor laws in order to Proper safety begins with having enough in- liances, but no one in this society de- affect one company. Because this provision spectors on the ground. This is a continuing serves permanent immunity from the was included in the FAA reauthorization bill, I concern at a general aviation airport in my dis- antitrust laws of this country, and that was asked by the Memphis Chamber of Com- trict, where inspectors are not based at the is what Bob Crandall, one of the great- merce and the Memphis Airport Authority to airport, and random and scheduled inspec- est innovators in aviation history said oppose it. tions don’t seem to meet the airport’s needs. that the antitrust immunity should The question is one of fairness. Laws Fortunately, H.R. 915 will provide a much not be allowed. should not single out a person or a company, needed boost in the number of safety inspec- Mr. COHEN. Mr. Chair, I rise to express my particularly when the law does not properly fit tors to ensure that every plane in the sky has concern with the FAA reauthorization bill in its the circumstances. In this instance, making been thoroughly cleared for takeoff. current form. this so-called technical change will have a This legislation will also hold the FAA ac- The FAA Reauthorization bill contains many devastating effect upon the biggest employer countable to the highest safety standards pos- good improvements that will benefit aviation in my District. In this already tough economic sible. Over the last several years, the FAA un- and the nation as a whole. However, the bill climate, the effects will be felt beyond Ten- fortunately had wavered from their core mis- includes a provision that is completely unre- nessee’s Ninth Congressional District because sion by treating the airlines, and not the Amer- lated to the FAA and could have the most FedEx is a great economic presence in our ican public, as its customers. The results were damaging effect on the constituents in my dis- country and our world. Now more than ever, serious safety lapses. In the worst case, trict of Memphis. we need a steady stream of interstate com- Southwest was allowed to fly 117 of its planes I am very concerned about the inclusion of merce, which could very well be disrupted by in violation of mandatory safety checks. language that seeks to change the laws with this legislation. Such a disruption could cripple H.R. 915 will create an independent whistle- respect to only one company, FedEx Express, our economy. blower investigation office to help serve as a which is the largest employer in my district. Mr. KLEIN of Florida. Mr. Chair, I rise today watchdog, and it will close the revolving door The Federal Express Corporation, which in- in strong support of H.R. 915, the FAA Reau- between FAA officials and the airline industry. cludes FedEx Express, employs approximately thorization Act of 2009, and to commend Make no mistake: the buddy system between 30,000 hard working Memphians. Chairman OBERSTAR and Aviation Sub- FAA and the airlines must end. The FAA reauthorization bill, as currently committee Chairman COSTELLO for their lead- Finally, I am pleased that both Congress drafted, includes a provision that would shift ership in bringing this bill to the floor today. and the Obama Administration are reaffirming the employees of one company, FedEx, from This ambitious legislation will address the our commitment to the dedicated men and coverage under the Railway Labor Act (RLA) complex challenges facing our nation’s avia- women who operate our air traffic control tow- to governance under the National Labor Rela- tion system, from the way we track our planes ers. Staffing shortages at many towers are at tions Act (NLRA). to the way we treat our passengers. a critical mass, forcing controllers to work FedEx Express and FedEx Corporation I was proud to author a provision in this leg- longer hours and potentially exposing them to have been governed under the Railway Labor islation that would add an important layer of dangerous levels of fatigue. Act (RLA) since their inception. Some have protection for consumers who endure unac- We must turn the page on the old way of said this change will put FedEx Express on an ceptable travel conditions. It came as a re- treating our air traffic controllers and end the even playing field with competitor United Par- sponse to the alarming rate of complaints our standoff between them and the FAA. Central cel Service (UPS). However, this is not accu- constituents had over the past few years. to this will be a collective bargaining agree- rate. Unlike UPS, which started as a walking/ Clearly, there are problems with our airline ment that’s fair and worthy of the men and bike messenger system, FedEx Express has system. An aging infrastructure, outdated tech- women who keep our skies safe. always been an air cargo carrier. I can under- nology, unrealistic flight schedules, an over- I am hopeful that the current negotiations stand why UPS would want their top compet- stretched workforce, and poor weather have ordered by Secretary LaHood will be fruitful. itor to be under the same labor laws. How- all been cited as problems. But if not, the binding arbitration process set ever, the two companies have different origi- It’s true that despite these challenges, lots up in this bill will be important. I participated nation histories. of passengers reach their destination without in numerous arbitration hearings as an attor- There are over two decades of findings by difficulty, and it’s a great compliment to the ney, and I believe this strategy will be a smart the Federal courts, the National Labor Rela- men and women who work at the airlines to way forward to a new collective bargaining tions Board and the National Mediation Board keep the system moving as scheduled. But agreement. that reaffirm Federal Express is an ‘‘express one can’t deny that many Americans are frus- For these reasons, I urge my colleagues to carrier’’ under the Railway Labor Act. The trated. One of my constituents sat on the support H.R. 915. Ninth Circuit United States District Court in tarmac for three hours before her flight was Mrs. BLACKBURN. Mr. Chairman, I rise in California has also reemphasized this and it is canceled and couldn’t board another flight until opposition to H.R. 915. The legislation before the law of the land. the next day. the House today detrimentally impacts Amer- If it is the intent of Congress to do away Mr. Chair, the American people deserve bet- ican job creation, and will further exacerbate with the Railway Labor Act that is one thing, ter. They’ve paid their hard-earned money to the federal deficit during an economic down- but it’s another to simply pick out one term be- fly on a plane, so they should get to their des- turn. Both effects of the legislation are inex- cause of one company. There is a long history tination without serious problems. cusable while Americans strive to cope with

VerDate Nov 24 2008 02:01 May 22, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MY7.062 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5925 difficult economic times, and I urge my col- $16.2 Action for the Airport Improvement Pro- represents Congress working together on a bi- leagues to defeat the bill when it is considered gram, and $39.3 Action for FAA Operations. It partisan basis across committee boundaries to later this afternoon. also provides significant increases in funding meet the needs of the American people. I am The legislation includes two provisions that for smaller airports. pleased that the base text of H.R. 915 in- if adopted, will almost certainly lead to job loss Provides $13.4 Action for air traffic control cludes the updated set of provisions of H.R. and the prevention of economic expansion for including for accelerating the implementation 2698, the ‘‘Federal Aviation Research and De- successful American corporations. Primarily, of the Next Generation Air Transportation Sys- velopment Reauthorization Act of 2007’’, H.R. 915 rewrites modern aviation labor law tem, enabling FAA to repair and replace exist- which was passed unanimously by the by requiring FedEx Express employees to or- ing facilities and equipment, and implementing Science and Technology Committee in the ganize under the National Labor Relations Act high-priority safety-related systems. 110th Congress. (NLRA) rather than the Railway Labor Act Includes a fiscally responsible increase in I appreciate the leadership of Transportation (RLA). Organization under the RLA allows for the general aviation jet fuel tax rate in order to and Infrastructure Committee Chairman JIM a symbiotic and prosperous relationship be- modernize air traffic control. OBERSTAR and Aviation Subcommittee Chair- tween FedEx Express management and its Increases the maximum Passenger Facility employees, and has been a successful orga- Charge to $7.00 from $4.50 to combat inflation man JERRY COSTELLO and their willingness to nizing tool for both since 1971. and to help airports meet increased capital work with my committee to ensure that our Amending current law to force FedEx Ex- needs. Based on the needs of the airport, provisions were included so that we can press employees under the auspices of the local governments and airport authorities de- present this House with a comprehensive RLA will almost certainly disrupt the com- cide on these fees, which could raise an addi- piece of legislation. I also want to express my pany’s plans for economic expansion. Accord- tional $1.1 Action for airport modernization to appreciation to Transportation and Infrastruc- ing to FedEx, the change in law would threat- help fill the gap left by the federal program. ture Committee Ranking Member JOHN MICA en ‘‘FedEx’s ability to provide competitively Creates an independent Aviation Safety and Aviation Subcommittee Ranking Member priced shipping options and ready access to Whistleblower Investigation Office within the TOM PETRI. In addition, none of this would global markets.’’ Both of these elements are FAA; also mandates a two-year ‘‘post-service’’ have been possible without the support and critical to the company’s growth over the past cooling off period after FAA inspectors leave cooperation of Ranking Member RALPH HALL. 38 years, and would be detrimentally altered FAA, during which they cannot go work for the I feel that our work together across party lines by the legislation before the House today. airline that they were previously responsible and across committee jurIsdictions is in many Furthermore, H.R. 915 would terminate air- for overseeing. ways a model of how committees should co- line code-share alliance agreements between Requires the FAA to submit a strategic run- operate to move important legislation. airlines and the U.S. Government after three way safety plan to Congress. Mr. Chair, in view of the limited time, I will years. In so doing the legislation will disrupt Requires the FAA to contract with the Na- not dwell on the many good provisions in- antitrust protection that is considered critical tional Academy of Sciences to conduct a cluded in this bill. I would simply assure my by the airline industry, and threaten at least study on pilot fatigue, and update, where ap- colleagues that this legislation authorizes fund- 15,000 domestic airline jobs. propriate, its regulations regarding flight and ing in sections 102 and 104 for a number of Finally, the legislation authorizes an $84 bil- duty time requirements for pilots. important R&D programs related to improving lion outlay from a federal budget already Requires airlines and airports to have emer- safety, reducing noise and other environ- stretched thin by trillions of dollars in deficit gency contingency plans to take care of pas- mental impacts, and increasing the efficiency spending. This massive spending increase im- sengers who are involved in long onboard of the air transportation system. In addition, pacts both mandatory and discretionary tarmac delays, including plans on deplaning the bill establishes important new research ini- spending, and will only add to the credit card after a lengthy delay. These plans must ac- tiatives on the impact of aviation on the cli- tab mounting at an astonishing pace in only count for the provision of food, water, clean mate, research on runway materials and engi- five months of unified Democrat leadership. restrooms and medical care for passengers. neered materials restraining systems, and I urge my colleagues to oppose H.R. 915. DOT can fine those who fail to develop or aviation gas, as well as calling for independent Ms. JACKSON-LEE of Texas, Mr. Chair, I comply with these plans. assessments of FAA’s safety R&D programs rise today in support of H.R. 915, the Federal This bill will not impede ongoing alliances and its energy and environmental R&D pro- Aviation Administration (FAA) Reauthorization such as United Airlines and Continental Air- grams. Act of 2009. I also want to thank Chairman lines by any Antitrust provisions in the bill. OBERSTAR and the Committee on Transpor- This is an important alliance to keep U.S. Air- This legislation also incorporates provisions tation and Infrastructure as they continue to lines competitive. intended to ensure that the Next Generation mire in the details of our national transpor- Directs the FAA to meet with air carriers, if Air Transportation System [NextGen] initiative tation projects. They face not only the reau- flights exceed FAA’s maximum arrival/depar- succeeds. Everyone recognizes that changes thorization of the FAA but also reauthorization ture rates and are adversely impacting the air- are needed to our air transportation system. of SAFETEA–LU and other major legislation in space, to ensure flight schedule reductions. Thus this bill includes measures to address the areas of transportation—I look forward to In 2005 the FAA, Texas Airports Develop- the needs of the NextGen system, including working with them on the many projects going ment Office selected the Houston Airport Sys- strengthening both the authority and the ac- on in Texas and my district of Houston. tem (HAS) as Airport of the Year. The Texas countability of the NextGen Joint Planning and Mr. Chairman, as the Subcommittee chair Airports Development Office makes a selec- Development Office—JPDO—because the for Transportation Security and Infrastructure tion of the outstanding primary-commercial success or failure of NextGen is going to de- protection, with jurisdiction over TSA; I am service airport each year. There are twenty-six termine in large measure whether or not the pleased to see that this Act authorizes $70 primary-commercial service airports in the nation will have a safe and efficient air traffic Action for the FAA through FY 2012. state of Texas—each enplaning in excess of management system in the future. FUNDING ‘GUARANTEES’ 10,000 passengers annually. I believe the However, it is clear that FAA cannot ensure Mr. Chair, this legislation amends current Houston Airport System can achieve this the successful development of the nation’s fu- law that ‘‘guarantees’’ the availability of fund- again next year. ture air transportation system on its own. As ing in the Airport and Airway Trust Fund by re- As Members of Congress, we are contin- the establishment of the interagency JPDO by quiring that the total budget resources avail- ually flying back and forth from our District of- Congress in the Vision 100 Act indicates, it is able from the trust fund are equal to the level fices to Washington, DC. As a subcommittee going to take the combined efforts of multiple of estimated receipts, plus interest. The un- Chair responsible for TSA and Transportation federal agencies, working in partnership with committed cash balance in the trust fund has Security I pay particular attention to the safety industry and the academic community, to declined substantially in recent years due to of the employees and the public in our air- make the NextGen initiative a success. NASA, over-optimistic revenue projections. This al- ports. I believe this Act will improve both of in particular, has an important R&D role to lows not only the committee but the Agency to these issues. Mr. Chair, I proudly support this play, and that is something that the Science ensure committed projects get the funding reauthorization Act for what it does to support and Technology Committee will devote atten- they need. This legislation also: transportation and aviation safety goals for our Provides for the robust capital funding re- nation. tion to as we work on reauthorizing NASA in quired to modernize the Air Traffic Control Mr. GORDON of Tennessee. Mr. Chair, I this Congress. system, as well as to stabilize and strengthen rise today in support of the ‘‘FAA Reauthoriza- For now, however, our focus is on the FAA, the Airport and Airway Trust Fund. It includes tion Act of 2009’’. The bill that is before us and I think that H.R. 915 is a good bill that will

VerDate Nov 24 2008 02:50 May 22, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A21MY7.031 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5926 CONGRESSIONAL RECORD — HOUSE May 21, 2009 help ensure that America’s aviation system re- That is why I support sections, 607, ‘‘FAA Mr. CARNAHAN. Mr. Chair, as a Congress- mains safe and preeminent in the world. I sup- Air Traffic Controller Staffing’’ and 608, ‘‘As- man from St. Louis a major aviation hub and port the bill, as well as the manager’s amend- sessment of Training Programs for Air Traffic a member of the Aviation Subcommittee, I rise ment that will be offered by Chairman OBER- Controllers.’’ today in strong support of the FAA Reauthor- STAR that contains several provisions in the ju- Section 607 authorizes a National Academy ization. risdiction of the Science and Technology Com- of Sciences study on FAA’s assumptions and Thanks to Chairmen OBERSTAR and mittee. methods to determine staffing needs for air COSTELLO for their leadership and dedication I urge my colleagues to support H.R. 915. traffic controllers. Section 608 authorizes a to bring this bill to the floor again. Mr. TIBERI. Mr. Chair, I rise today to ex- study by the FAA to assess the adequacy of A long term reauthorization of the FAA is press my support for the provisions in this bill training programs for air traffic controllers. long overdue. We need a four year reauthor- that would establish a fair process for ad- These studies will provide us with informa- ization to provide stability to airport develop- dressing contract disputes between the FAA tion to determine if we have enough experi- ment projects and modernizing the aging air and our country’s air traffic controllers. enced air controllers staffing our aviation sys- traffic control system. Air traffic controllers ensure the safety of air tem. If we don’t, we must ensure that only This legislation authorizes nearly $70 billion passengers every day. I thank the air traffic those with the training and experience nec- in needed investments in FAA programs over controllers in my Central Ohio district, across essary keep the flying public safe and fill the next four years to help meet the growing Ohio and across the country for their hard these positions. I want to thank Chairman demand on our system. The Federal Aviation work and dedication to keeping our skies safe. OBERSTAR for his leadership on this legislation Administration estimates over the next seven In 2006, I cosponsored legislation that and for including these important provisions in to twelve years our airlines will carry more would have required the contract dispute be- the bill. than one billion passengers. Without ex- tween the FAA and the Air Traffic Controllers Mr. ORTIZ. Mr. Chair, I rise to support my panded capacity airports will not be able to Association to be submitted to binding arbitra- colleague from Texas. serve the increases in passengers. tion if the two parties did not reach an agree- With the continuing emphasis on renewable Airport capital investment is critical to ac- ment. Unfortunately, this did not happen. energy programs as part of our national en- commodate growth and improve service. As The provisions in H.R. 915 are a good start ergy policy, it is unavoidable that we will have you all know passenger facility charges are and I rise in support of them today. situations where FAA radars and renewable Ms. HARMAN. Mr. Chair, I rise in support of critical to funding these projects. Additionally, energy facilities, especially wind turbines, will this legislation will increase the cap on pas- Chairman OBERSTAR and this important legis- compete for prime locations. senger facility charges from $4.50 to $7.00. lation—and to address provisions that relate to This amendment gives the FAA the execu- This increase would generate $1.1 billion in staffing air traffic control towers. tive direction necessary to address these situ- additional revenue for airport development an- Safety is the most crucial and fundamental ations. feature of America’s aviation system. Experi- Under our amendment, the FAA is directed nually. ence is a huge component of safety. This was to study their radar facilities and review con- I am pleased to see a significant increase in demonstrated by the heroic landing by Captain flicts with renewable energy facilities. To miti- the Airport Improvement Program. Over the Sullenberger on the Hudson River this past gate these situations, the Administrator is di- four year life of the bill’s authorization this January. It was also demonstrated by air traf- rected to develop an administrative process amounts to an additional $1 billion in author- fic controllers on 9/11, when the national avia- for relocating radar facilities when it is appro- ized funds for AIP. This increase in funding tion system was shut down and they landed priate and necessary. will be especially helpful to airports, like Lam- all planes across the country safely. I ask my colleagues to support this amend- bert St. Louis International Airport, that are es- In this decade, we have seen a significant ment. pecially reliant on AIP funding. Also, critical to increase in the number of air traffic controllers Mr. LIPINSKI. Mr. Chair, I rise in strong sup- handling the expected increases in the num- retiring. As a result, there has been a need to port of H.R. 915, the FAA Reauthorization Act ber of passengers is modernizing our air hire and train new air traffic controllers. Our of 2009. I would like to commend Chairman transportation system. aviation system has been forced to hire a very OBERSTAR and Chairman COSTELLO for their The FAA Reauthorization includes $13.4 bil- large number of new controllers very quickly— excellent leadership on this bill and for their lion for FAA Facilities and Equipment to accel- no small feat, given the high level of skill and continued dedicated service on transportation erate the implementation of Next Generation training necessary to do the job. But we can’t issues. Air Transportation System to modernize our cut corners with filling crucial positions. I have H.R. 915 contains a number of critical provi- air transportation system. concerns because the FAA counts controllers sions that will not only upgrade and modernize Again, thank you for the time and I urge my who are still training and not fully certified as our nation’s air transportation system, but will colleagues to support this transformational staff when determining if an air traffic facility is significantly enhance and expand protections FAA Reauthorization. fully staffed. for consumers and the environment. Mr. GARRETT of New Jersey. Mr. Chair, I According to the FAA’s ‘‘A Plan for the Fu- As a member of the Transportation Sub- rise today to express my disappointment with ture 10-year Strategy for the Air Traffic Control committee on Aviation, I was especially this legislation, the FAA Reauthorization Act of Workforce 2009–2018,’’ Appendix A states pleased to work with the Chairmen and others 2009. For many years now, I have fought the ‘‘These (staffing) ranges include the number of to write a number of these pro-consumer/pro- FAA on their so-called New York/New Jersey/ controllers needed to perform the work. While environment provisions, which include: holding Philadelphia airspace redesign plan. This plan most of the work is accomplished by CPCs, airlines more accountable for delayed pas- would redirect thousands of flights per year work is also being performed in facilities by senger bags, requiring airports to consider im- over the houses of many of my constituents. CPC–ITs and position-qualified developments plementing recycling programs, establishing a This increased aircraft noise affects people’s who are proficient, or ‘‘checked out’’, in spe- federal research center to develop alternative daily lives in many ways. It is more than a nui- cific sectors or positions and handles workload jet fuels, funding research to eliminate the use sance. Aircraft noise can adversely affect chil- independently.’’ For the clarification, CPCs are of lead in aviation gas, and requiring an open, dren in schools; the elderly in nursing facilities; certified professional controllers and CPC–ITs competitive process for airport projects with and families in their homes. Additionally, these are certified professional controllers in training, the use of QBS. homes may decrease in value as a result of those that transferred from other facilities, and Additionally, I am pleased the bill will take a this aircraft noise. developmentals are new hires. close look at the impact of airline antitrust im- Proponents of the airspace redesign have Trainees are used in the airport in my dis- munity on competition and then require DOT long maintained that it is necessary to rede- trict, Los Angeles International Airport (LAX)— to adjust its existing policies accordingly. sign the airspace because a significant portion the fourth busiest airport tower in the United Mr. Chair, this long overdue bill will ensure of the delays in our national airspace derive States. According to an April 2009 Department that America’s air transportation system re- from the tri-state area. We have long main- of Transportation Inspector General report: mains the finest and safest in the world. And tained that redesigning the airspace would ‘‘As of December 2008 . . . 20 percent of I am proud to have been able to work on and have very little effect on delays but would ad- LAX’s controller workforce was in training.’’ include provisions that will protect passengers, versely affect the lives of thousands of people. Trainees lack the same amount of experience taxpayers, and the environment. Yesterday, I, along with Congressmen JIM as certified controllers, and these skills should I would again like to thank Chairman OBER- HIMES and RODNEY FRELINGHUYSEN submitted not be learned on the job. We need to ensure STAR and Chairman COSTELLO for their hard an amendment to the Rules Committee. This that safety is not compromised at LAX and at work on this legislation and urge my col- amendment would have prohibited the FAA other towers across the country. leagues to join me in voting for its passage. from continuing with its implementation of the

VerDate Nov 24 2008 02:01 May 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A21MY7.034 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5927 airspace redesign until it conducted a study on In addition to raising taxes and fees, this bill would be at great risk of landing in the neigh- alternatives to reduce delays at the four air- overturns the Air Traffic Control Agreement, borhood. ports considered in the redesign; including which will cost tax payers more than a billion For nearly a decade, I have joined the com- studying whether reducing overscheduling and dollars and forces the FAA into a more expen- munity, the City of Santa Monica and the Air- the use of smaller aircraft by air carriers would sive union contract. port Administration to push the FAA to ad- have a greater effect on reducing delays than Mr. Chair, we are at a critical juncture in re- dress this serious safety gap. While the FAA the redesign. In 2007, the Port Authority of vamping our air traffic control system. This bill has had discussions with the City, its re- New York and New Jersey, who operate 3 of does not go far enough to expedite investment sponse has at times been marked by delay the major airports included in the redesign in NextGen technology. We must create an and unfortunate acts of bad faith. Its proposals submitted a proposal to the FAA with many of environment that modernizes and updates our have simply fallen short of addressing the these suggestions, but the FAA largely ig- air traffic control system, increases effi- safety needs of the airport. Some proposed nored it. This was a sensible amendment, but ciencies, and ensures safety in our nation’s changes could seriously undermine emer- unfortunately it will not be considered today. skies. But hiking taxes on hard working Ameri- gency response capability at the airport, while Furthermore, an amendment offered by Con- cans and more union giveaways does nothing others would be insufficient to stop a larger jet gressman JOE SESTAK, which would have to promote these goals. Mr. Chair, I urge my from an overrun into the surrounding streets stopped the redesign’s implementation until colleagues to vote against this legislation. and homes. the FAA conducted a cost-benefit analysis— Mr. SALAZAR. Mr. Chair, I thank the Gen- My constituents and the crews and pas- something recommended by the GAO, mind tleman from New York for yielding and I would sengers that use Santa Monica Airport de- you—will also not be considered today. like to recognize Chairman OBERSTAR and serve to have the confidence that airport oper- Mr. Chair, it is imperative that the FAA take Chairman COSTELLO for their exceptional lead- ations meet FAA safety guidelines and go be- seriously the concerns of those people on the ership on this very important bill. yond the barest minimum enhancements pre- ground who are affected by their actions. I Mr. Chair, I rise today in strong support of viously offered by the FAA. The amendment urge a ‘‘no’’ vote. H.R. 915, the FAA Reauthorization Act of expresses the sense of Congress that the in- Mr. BOCCIERI. Mr. Chair, I rise today in 2009, and urge its passage. coming Administrator of the FAA should take support of this bill, HR 915. I specifically sup- There are many good and important issues a fresh look at this issue. I urge the new Ad- port provisions in the bill which will require addressed in this bill: safety, nextgen, con- ministrator, once confirmed, to swiftly enter FAA inspectors to monitor overseas stations sumer protections, and increased funding to into good faith discussions with the City of that repair U.S. aircraft. the Airport Improvement Program. Santa Monica to achieve runway safety area Over the years, U.S. airlines have steadily But I’d like to especially thank the leader- solutions consistent with FAA design guide- increased outsourcing of maintenance work ship on the committee for working with me on lines to address the safety concerns at Santa performed at facilities here and abroad. Ac- several issues that are particularly important to Monica Airport. When safety is at stake, time cording to the Department of Transportation my constituents back home. is always of the essence. IG, major air carriers outsourced an average H.R. 915 provides increased funding to local Mr. LARSEN of Washington. Mr. Chair, I of 64 percent of their maintenance expenses governments throughout the country to main- rise today to speak in support of H.R. 915, the in 2007 compared to 37 percent in 1996. tain and develop their airports, which serve as Federal Aviation Administration Reauthoriza- In order to uphold the highest safety stand- cornerstones for economic growth. tion Act. This bill provides historic levels of ards at all FAA-certified facilities, FAA inspec- As many of us come from and represent tors must be permitted to physically inspect funding for FAA’s critical work to improve safe- small, rural communities, we appreciate the foreign repair stations every two years. The ty, invest in our nation’s airports, and mod- need to preserve and improve rural aviation FAA must hold foreign repair stations and their ernize our air transportation system. programs, such as Essential Air Service. H.R. 915 will help accelerate the implemen- workers to the same safety standards as EAS serves rural communities across the tation of FAA’s Air Traffic Control Moderniza- those imposed on domestic repair stations. country that otherwise would not receive any There is simply no substitute for direct FAA tion and Next Generation Air Transportation scheduled air service. oversight of work performed on U.S. aircraft. System. NextGen will increase the capacity There are more than 140 rural communities Our government should not be outsourcing and efficiency of our national air transportation nationwide, including Cortez, Alamosa and safety inspections to foreign governments. system, which will help accommodate ex- Opponents of Section 303 also claim that Pueblo in my state of Colorado, that rely on pected increases in air traffic. H.R. 915 also requiring two FAA inspections per year will this program and will benefit from this legisla- increases oversight of NextGen and mandates cause the EU to retaliate by conducting recip- tion. that FAA develop a detailed plan for how they rocal twice-a-year inspections of EASA-cer- And I again want to thank the Chairman for will deliver results for the airline industry and tified U.S. stations. But this is a matter of pub- working with me to ensure our EMS flights the flying public. lic safety. meet the highest safety standards. This legislation invests in our nation’s air- The U.S. has an obligation to ensure that Overall, I’m pleased to see the improve- ports by providing $16.2 billion for the Airport FAA-certified repair stations meet U.S. stand- ments made in this bill and I hope the Senate Improvement Program. This historic funding ards, and we cannot abrogate this responsi- will follow our lead and move this important level also includes a significant increase in bility based on threats of retaliation from for- piece of legislation. AIP funding for smaller airports, like many in eign governments looking to protect their own I believe H.R. 915 ensures that we remain my district. H.R. 915 also makes critical im- economic interests. the world’s safest aviation system, and I urge provements in aviation safety, including strong Mr. MACK. Mr. Chair, I rise today to speak my colleagues to support this bill. air carrier safety oversight provisions and an about the FAA Reauthorization bill. First, I Mr. WAXMAN. Mr. Chair, I would like to increase in the number of aviation safety in- want to thank Chairman OBERSTAR and Rank- thank the Chairman for accepting an amend- spectors. ing Member MICA for their leadership and con- ment I have offered regarding the need for the I commend Chairmen OBERSTAR and tinued work on this legislation. While we need FAA to take meaningful action to address COSTELLO for addressing the ongoing dispute to pass a long-term FAA reauthorization bill, I safety concerns at Santa Monica Airport. I ap- between the National Air Traffic Controllers am opposed to this bill in its current form. preciate the Committee’s ongoing interest in Association and the FAA over failed contract I have significant concerns with the tax addressing this serious issue. negotiations by establishing a binding dispute hikes, new government regulations, and mas- Santa Monica Airport is a unique General resolution process and requiring the parties to sive giveaways to Big Labor included in the Aviation facility located in my congressional go back to the negotiating table. bill. This legislation will significantly raise the district. Built in 1922, the airport has no run- The bill also fixes a long-standing disparity cost of air travel, through a proposed Pas- way safety areas, which are now required by in the way employees of express delivery senger Facility Charge or ‘‘PFC’’ tax increase. the FAA to reduce damage and loss of life in companies are treated under our nation’s The increase, from $4.50 to $7 per passenger, the event that an aircraft overshoots the run- labor laws. This provision will help restore col- is a 56 percent tax hike and will result in all way or fails to lift off. The airport’s single run- lective bargaining rights to this critical work- of our constituents paying an additional two way is bordered by steep hills, public streets, force. billion dollars annually. In addition to the PFC and densely populated neighborhoods, with This legislation is not perfect, but it makes tax hike, this legislation would also raise taxes homes as close as 250 feet from the runway. critical improvements to our nation’s air trans- on general aviation gasoline and jet fuel. Mr. As flight traffic at the airport has increased, portation system to create jobs and strengthen Chair, I can’t reiterate it enough: we cannot particularly among larger jets, so have con- our economy. I urge my colleagues to support keep raising taxes on the American people! cerns that any plane overshooting the runway this bill.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A21MY7.039 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5928 CONGRESSIONAL RECORD — HOUSE May 21, 2009 Mr. TANNER. Mr. Chair, I rise today to Sec. 115. Impacts on airports of accommo- Sec. 215. Assistance to foreign aviation au- thank Chairman OBERSTAR and Ranking Mem- dating connecting passengers. thorities. Sec. 216. Front line manager staffing. ber MICA for bringing the FAA Reauthorization Subtitle C—Fees for FAA Services Sec. 217. Flight service stations. Sec. 121. Update on overflights. bill to the floor today. For the most part I am Sec. 218. NextGen Research and Develop- Sec. 122. Registration fees. supportive of their efforts; however, I must ex- ment Center of Excellence. press concern with a provision in this bill that Subtitle D—AIP Modifications Sec. 219. Airspace redesign. would change the labor status of the employ- Sec. 131. Amendments to AIP definitions. TITLE III—SAFETY ees of FedEx, a company based in Memphis, Sec. 132. Solid waste recycling plans. Subtitle A—General Provisions Tennessee, and important to our regional Sec. 133. Amendments to grant assurances. Sec. 134. Government share of project costs. Sec. 301. Judicial review of denial of airman economy. certificates. FedEx has been covered by provisions of Sec. 135. Amendments to allowable costs. Sec. 136. Uniform certification training for Sec. 302. Release of data relating to aban- the Railroad Labor Act for decades. I am dis- airport concessions under dis- doned type certificates and sup- appointed that this legislation attempts to over- advantaged business enterprise plemental type certificates. turn these years of legislative and legal prece- program. Sec. 303. Inspection of foreign repair sta- dent by now putting FedEx under the National Sec. 137. Preference for small business con- tions. Labor Relations Act. FedEx was founded in cerns owned and controlled by Sec. 304. Runway safety. Sec. 305. Improved pilot licenses. 1973, and every court and agency to address disabled veterans. Sec. 138. Minority and disadvantaged busi- Sec. 306. Flight crew fatigue. the issue since then has found FedEx to be Sec. 307. Occupational safety and health subject to the RLA, because national labor ness participation. Sec. 139. Calculation of State apportionment standards for flight attendants and transportation policy mandates that inte- fund. on board aircraft. grated, multi-modal transportation networks be Sec. 140. Reducing apportionments. Sec. 308. Aircraft surveillance in moun- subject to the processes of the RLA. Sec. 141. Minimum amount for discretionary tainous areas. I do hope the Committee will consider my fund. Sec. 309. Off-airport, low-altitude aircraft weather observation tech- views and the views of those I represent in Sec. 142. Marshall Islands, Micronesia, and Palau. nology. Tennessee, who depend on FedEx staying Sec. 310. Noncertificated maintenance pro- competitive. Because of the adverse effects Sec. 143. Use of apportioned amounts. Sec. 144. Sale of private airport to public viders. Sec. 311. Aircraft rescue and firefighting this provision would have, I urge House con- sponsor. standards. ferees to eliminate this provision during its Sec. 145. Airport privatization pilot pro- conference with the Senate. These provisions, gram. Subtitle B—Unmanned Aircraft Systems which I oppose, should stand alone in sepa- Sec. 146. Airport security program. Sec. 321. Commercial unmanned aircraft rate legislation so all parties can come to the Sec. 147. Sunset of pilot program for pur- systems integration plan. table and offer their ideas and concerns. chase of airport development Sec. 322. Special rules for certain unmanned Mr Chair, the complexity of this issue re- rights. aircraft systems. quires further debate from all parties affected. Sec. 148. Extension of grant authority for Sec. 323. Public unmanned aircraft systems. The CHAIR. All time for general de- compatible land use planning Sec. 324. Definitions. and projects by State and local Subtitle C—Safety and Protections bate has expired. governments. In lieu of the amendment rec- Sec. 331. Aviation safety whistleblower in- Sec. 149. Repeal of limitations on Metropoli- vestigation office. ommended by the Committee on Trans- tan Washington Airports Au- portation and Infrastructure, printed Sec. 332. Modification of customer service thority. initiative. in the bill, the amendment in the na- Sec. 150. Midway Island Airport. Sec. 333. Post-employment restrictions for ture of a substitute printed in part A of Sec. 151. Puerto Rico minimum guarantee. flight standards inspectors. House Report 111–126, modified by the Sec. 152. Miscellaneous amendments. Sec. 334. Assignment of principal super- amendment printed in part B of that Sec. 153. Airport Master Plans. visory inspectors. report, shall be considered as adopted TITLE II—NEXT GENERATION AIR Sec. 335. Headquarters review of air trans- and shall be considered as an original TRANSPORTATION SYSTEM AND AIR portation oversight system bill for purpose of further amendment TRAFFIC CONTROL MODERNIZATION database. Sec. 201. Mission statement; sense of Con- Sec. 336. Improved voluntary disclosure re- under the 5-minute rule and shall be porting system. considered as read. gress. Sec. 202. Next Generation Air Transpor- TITLE IV—AIR SERVICE IMPROVEMENTS The text of the bill, as amended, is as tation System Joint Planning follows: Sec. 401. Monthly air carrier reports. and Development Office. Sec. 402. Flight operations at Reagan Na- Strike all after the enacting clause and in- Sec. 203. Next Generation Air Transpor- tional Airport. sert the following: tation Senior Policy Com- Sec. 403. EAS contract guidelines. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mittee. Sec. 404. Essential air service reform. (a) SHORT TITLE.—This Act may be cited as Sec. 204. Automatic dependent surveillance- Sec. 405. Small community air service. the ‘‘FAA Reauthorization Act of 2009’’. broadcast services. Sec. 406. Air passenger service improve- (b) TABLE OF CONTENTS.—The table of con- Sec. 205. Inclusion of stakeholders in air ments. tents for this Act is as follows: traffic control modernization Sec. 407. Contents of competition plans. Sec. 1. Short title; table of contents. projects. Sec. 408. Extension of competitive access re- Sec. 2. Amendments to title 49, United Sec. 206. GAO review of challenges associ- ports. States Code. ated with transforming to the Sec. 409. Contract tower program. Sec. 3. Effective date. Next Generation Air Transpor- Sec. 410. Airfares for members of the Armed TITLE I—AUTHORIZATIONS tation System. Forces. Sec. 207. GAO review of Next Generation Air Sec. 411. Repeal of essential air service local Subtitle A—Funding of FAA Programs Transportation System acquisi- participation program. Sec. 101. Airport planning and development tion and procedures develop- Sec. 412. Adjustment to subsidy cap to re- and noise compatibility plan- ment. flect increased fuel costs. ning and programs. Sec. 208. DOT inspector general review of Sec. 413. Notice to communities prior to ter- Sec. 102. Air navigation facilities and equip- operational and approach pro- mination of eligibility for sub- ment. cedures by a third party. sidized essential air service. Sec. 103. FAA operations. Sec. 209. Expert review of enterprise archi- Sec. 414. Restoration of eligibility to a place Sec. 104. Research, engineering, and develop- tecture for Next Generation Air determined by the Secretary to ment. Transportation System. be ineligible for subsidized es- Sec. 105. Funding for aviation programs. Sec. 210. NextGen technology testbed. sential air service. Subtitle B—Passenger Facility Charges Sec. 211. Clarification of authority to enter Sec. 415. Office of Rural Aviation. Sec. 111. PFC authority. into reimbursable agreements. Sec. 416. Adjustments to compensation for Sec. 112. PFC eligibility for bicycle storage. Sec. 212. Definition of air navigation facil- significantly increased costs. Sec. 113. Award of architectural and engi- ity. Sec. 417. Review of air carrier flight delays, neering contracts for airside Sec. 213. Improved management of property cancellations, and associated projects. inventory. causes. Sec. 114. Intermodal ground access project Sec. 214. Clarification to acquisition reform Sec. 418. European Union rules for passenger pilot program. authority. rights.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0655 E:\CR\FM\K21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5929 Sec. 419. Establishment of advisory com- Sec. 805. Study on national plan of inte- Act shall apply only to fiscal years begin- mittee for aviation consumer grated airport systems. ning after September 30, 2008. protection. Sec. 806. Express carrier employee protec- TITLE I—AUTHORIZATIONS Sec. 420. Denied boarding compensation. tion. Subtitle A—Funding of FAA Programs Sec. 421. Compensation for delayed baggage. Sec. 807. Consolidation and realignment of Sec. 422. Schedule reduction. FAA facilities. SEC. 101. AIRPORT PLANNING AND DEVELOP- Sec. 423. Expansion of DOT airline consumer Sec. 808. Accidental death and dismember- MENT AND NOISE COMPATIBILITY complaint investigations. ment insurance for National PLANNING AND PROGRAMS. Sec. 424. Prohibitions against voice commu- Transportation Safety Board (a) AUTHORIZATION.—Section 48103 is nications using mobile commu- employees. amended— nications devices on scheduled Sec. 809. GAO study on cooperation of air- (1) by striking ‘‘September 30, 2003’’ and in- flights. line industry in international serting ‘‘September 30, 2008’’; and Sec. 425. Antitrust exemptions. child abduction cases. (2) by striking paragraphs (1) through (6) Sec. 810. Lost Nation Airport, Ohio. and inserting the following: TITLE V—ENVIRONMENTAL Sec. 811. Pollock Municipal Airport, Lou- ‘‘(1) $3,900,000,000 for fiscal year 2009; STEWARDSHIP AND STREAMLINING isiana. ‘‘(2) $4,000,000,000 for fiscal year 2010; Sec. 501. Amendments to air tour manage- Sec. 812. Human intervention and motiva- ‘‘(3) $4,100,000,000 for fiscal year 2011; and ment program. tion study program. ‘‘(4) $4,200,000,000 for fiscal year 2012.’’. Sec. 502. State block grant program. Sec. 813. Washington, DC, Air Defense Iden- (b) ALLOCATIONS OF FUNDS.—Section 48103 Sec. 503. Airport funding of special studies tification Zone. is amended— or reviews. Sec. 814. Merrill Field Airport, Anchorage, (1) by striking ‘‘The total amounts’’ and Sec. 504. Grant eligibility for assessment of Alaska. inserting ‘‘(a) AVAILABILITY OF AMOUNTS.— flight procedures. Sec. 815. 1940 Air Terminal Museum at Wil- The total amounts’’; and Sec. 505. CLEEN research, development, and liam P. Hobby Airport, Hous- (2) by adding at the end the following: implementation partnership. ton, Texas. ‘‘(b) AIRPORT COOPERATIVE RESEARCH PRO- Sec. 506. Prohibition on operating certain Sec. 816. Duty periods and flight time limi- GRAM.—Of the amounts made available under aircraft weighing 75,000 pounds tations applicable to flight subsection (a), $15,000,000 for each of fiscal or less not complying with crewmembers. years 2009 through 2012 may be used for car- stage 3 noise levels. Sec. 817. Pilot program for redevelopment of rying out the Airport Cooperative Research Sec. 507. Environmental mitigation pilot airport properties. Program. program. Sec. 818. Helicopter operations over Long Is- ‘‘(c) AIRPORTS TECHNOLOGY RESEARCH.—Of Sec. 508. Aircraft departure queue manage- land and Staten Island, New the amounts made available under sub- ment pilot program. York. section (a), $19,348,000 for each of fiscal years Sec. 509. High performance and sustainable Sec. 819. Cabin temperature standards 2009 through 2012 may be used for carrying air traffic control facilities. study. out airports technology research.’’. Sec. 820. Civil penalties technical amend- Sec. 510. Regulatory responsibility for air- (c) OBLIGATIONAL AUTHORITY.—Section ments. craft engine noise and emis- 47104(c) is amended by striking ‘‘March 31, Sec. 821. Study and report on alleviating sions standards. 2009’’ and inserting ‘‘September 30, 2012’’. congestion. Sec. 511. Continuation of air quality sam- SEC. 102. AIR NAVIGATION FACILITIES AND pling. Sec. 822. Airline personnel training enhance- ment. EQUIPMENT. Sec. 512. Sense of Congress. (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 513. Airport noise compatibility plan- Sec. 823. Study on Feasibility of Develop- ment of a Public Internet Web- Section 48101(a) is amended by striking para- ning study, Port Authority of graphs (1) through (5) and inserting the fol- New York and New Jersey. based Search Engine on Wind Turbine Installation Obstruc- lowing: Sec. 514. GAO study on compliance with ‘‘(1) $3,246,000,000 for fiscal year 2009. FAA record of decision. tion. Sec. 824. Wind turbine lighting. ‘‘(2) $3,259,000,000 for fiscal year 2010. TITLE VI—FAA EMPLOYEES AND Sec. 825. Limiting access to flight decks of ‘‘(3) $3,353,000,000 for fiscal year 2011. ORGANIZATION all-cargo aircraft. ‘‘(4) $3,506,000,000 for fiscal year 2012.’’. Sec. 601. Federal Aviation Administration TITLE IX—FEDERAL AVIATION (b) USE OF FUNDS.—Section 48101 is amend- personnel management system. RESEARCH AND DEVELOPMENT ed by striking subsections (c) through (i) and inserting the following: Sec. 602. Applicability of back pay require- Sec. 901. Short title. ments. ‘‘(c) WAKE VORTEX MITIGATION.—Of Sec. 902. Definitions. amounts appropriated under subsection (a), Sec. 603. MSPB remedial authority for FAA Sec. 903. Interagency research initiative on such sums as may be necessary for each of employees. the impact of aviation on the fiscal years 2009 through 2012 may be used for Sec. 604. FAA technical training and staff- climate. the development and analysis of wake vortex ing. Sec. 904. Research program on runways. Sec. 605. Designee program. Sec. 905. Research on design for certifi- mitigation, including advisory systems. Sec. 606. Staffing model for aviation safety cation. ‘‘(d) WEATHER HAZARDS.— inspectors. Sec. 906. Centers of excellence. ‘‘(1) IN GENERAL.—Of amounts appropriated Sec. 607. Safety critical staffing. Sec. 907. Airport cooperative research pro- under subsection (a), such sums as may be Sec. 608. FAA air traffic controller staffing. gram. necessary for each of fiscal years 2009 Sec. 609. Assessment of training programs Sec. 908. Unmanned aircraft systems. through 2012 may be used for the develop- for air traffic controllers. Sec. 909. Research grants program involving ment of in-flight and ground-based weather Sec. 610. Collegiate training initiative undergraduate students. threat mitigation systems, including ground study. Sec. 910. Aviation gas research and develop- de-icing and anti-icing systems and other Sec. 611. FAA Task Force on Air Traffic ment program. systems for predicting, detecting, and miti- Control Facility Conditions. Sec. 911. Review of FAA’s Energy- and Envi- gating the effects of certain weather condi- TITLE VII—AVIATION INSURANCE ronment-Related Research Pro- tions on both airframes and engines. grams. ‘‘(2) SPECIFIC HAZARDS.—Weather condi- Sec. 701. General authority. Sec. 912. Review of FAA’s aviation safety-re- tions referred to in paragraph (1) include— Sec. 702. Extension of authority to limit lated research programs. ‘‘(A) ground-based icing threats such as ice third party liability of air car- Sec. 913. Research program on alternative pellets and freezing drizzle; riers arising out of acts of ter- jet fuel technology for civil air- ‘‘(B) oceanic weather, including convective rorism. craft. weather, and other hazards associated with Sec. 703. Clarification of reinsurance author- Sec. 914. Center for excellence in aviation oceanic operations (where commercial traffic ity. employment. is high and only rudimentary satellite sens- Sec. 704. Use of independent claims adjust- SEC. 2. AMENDMENTS TO TITLE 49, UNITED ing is available) to reduce the hazards pre- ers. STATES CODE. sented to commercial aviation, including Sec. 705. Extension of program authority. Except as otherwise expressly provided, convective weather ice crystal ingestion TITLE VIII—MISCELLANEOUS whenever in this Act an amendment or re- threats; and Sec. 801. Air carrier citizenship. peal is expressed in terms of an amendment ‘‘(C) en route turbulence prediction. Sec. 802. Disclosure of data to Federal agen- to, or a repeal of, a section or other provi- ‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of cies in interest of national se- sion, the reference shall be considered to be amounts appropriated under subsection (a) curity. made to a section or other provision of title and section 106(k)(1), such sums as may be Sec. 803. FAA access to criminal history 49, United States Code. necessary for each of fiscal years 2009 records and database systems. SEC. 3. EFFECTIVE DATE. through 2012 may be used to advance the de- Sec. 804. Clarification of air carrier fee dis- Except as otherwise expressly provided, velopment and implementation of safety putes. this Act and the amendments made by this management systems.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5930 CONGRESSIONAL RECORD — HOUSE May 21, 2009

‘‘(f) RUNWAY INCURSION REDUCTION PRO- (1) in paragraph (11)— ‘‘(T) $1,827,000 for system planning and re- GRAMS.—Of amounts appropriated under sub- (A) in subparagraph (K) by inserting ‘‘and’’ source management; and section (a), $10,000,000 for fiscal year 2009, at the end; and ‘‘(U) $3,674,000 for the William J. Hughes $12,000,000 for fiscal year 2010, $12,000,000 for (B) in subparagraph (L) by striking ‘‘and’’ Technical Center Laboratory Facility; fiscal year 2011, and $12,000,000 for fiscal year at the end; ‘‘(15) for fiscal year 2011, $225,993,000, in- 2012 may be used for the development and (2) in paragraph (12)(L) by striking ‘‘and’’ cluding— implementation of runway incursion reduc- at the end; and ‘‘(A) $8,815,000 for fire research and safety; tion programs. (3) by striking paragraph (13) and inserting ‘‘(B) $4,150,000 for propulsion and fuel sys- ‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts the following: tems; appropriated under subsection (a), $50,000,000 ‘‘(13) for fiscal year 2009, $212,929,000, in- ‘‘(C) $2,975,000 for advanced materials and for fiscal year 2009, $125,000,000 for fiscal year cluding— 2010, $100,000,000 for 2011, and $50,000,000 for structural safety; ‘‘(A) $8,457,000 for fire research and safety; fiscal year 2012 may be used for the acquisi- ‘‘(D) $4,949,000 for atmospheric hazards and ‘‘(B) $4,050,000 for propulsion and fuel sys- tion and installation of runway status lights. digital system safety; ‘‘(h) NEXTGEN SYSTEMS DEVELOPMENT PRO- tems; ‘‘(E) $14,903,000 for aging aircraft; GRAMS.—Of amounts appropriated under sub- ‘‘(C) $2,920,000 for advanced materials and ‘‘(F) $2,181,000 for aircraft catastrophic fail- section (a), $41,400,000 for fiscal year 2009, structural safety; ure prevention research; $102,900,000 for fiscal year 2010, $104,000,000 for ‘‘(D) $4,838,000 for atmospheric hazards and ‘‘(G) $12,000,000 for flightdeck maintenance, fiscal year 2011, and $105,300,000 for fiscal digital system safety; system integration, and human factors; year 2012 may be used for systems develop- ‘‘(E) $14,683,000 for aging aircraft; ‘‘(H) $12,497,000 for aviation safety risk ment activities associated with NextGen. ‘‘(F) $2,158,000 for aircraft catastrophic fail- analysis; ‘‘(i) NEXTGEN DEMONSTRATION PROGRAMS.— ure prevention research; ‘‘(I) $15,715,000 for air traffic control, tech- Of amounts appropriated under subsection ‘‘(G) $11,000,000 for flightdeck maintenance, nical operations, and human factors; (a), $28,000,000 for fiscal year 2009, $30,000,000 system integration, and human factors; ‘‘(J) $8,976,000 for aeromedical research; for fiscal year 2010, $30,000,000 for fiscal year ‘‘(H) $12,488,000 for aviation safety risk ‘‘(K) $23,638,000 for weather program; 2011, and $30,000,000 for fiscal year 2012 may analysis; ‘‘(L) $6,295,000 for unmanned aircraft sys- be used for demonstration activities associ- ‘‘(I) $15,323,000 for air traffic control, tech- tems research; ated with NextGen. nical operations, and human factors; ‘‘(M) $18,100,000 for the Next Generation Air ‘‘(j) CENTER FOR ADVANCED AVIATION SYS- ‘‘(J) $8,395,000 for aeromedical research; Transportation System Joint Planning and TEM DEVELOPMENT.—Of amounts appro- ‘‘(K) $22,336,000 for weather program; priated under subsection (a), $76,000,000 for Development Office; ‘‘(L) $6,738,000 for unmanned aircraft sys- ‘‘(N) $10,471,000 for wake turbulence; fiscal year 2009, $79,000,000 for fiscal year tems research; 2010, $79,000,000 for fiscal year 2011, and ‘‘(O) $10,600,000 for NextGen—Air ground in- ‘‘(M) $18,100,000 for the Next Generation Air tegration; $80,800,000 for fiscal year 2012 may be used for Transportation System Joint Planning and the Center for Advanced Aviation System ‘‘(P) $8,300,000 for NextGen—Self separa- Development Office; tion; Development. ‘‘(N) $10,560,000 for wake turbulence; ‘‘(k) ADDITIONAL PROGRAMS.—Of amounts ‘‘(Q) $8,345,000 for NextGen—Weather tech- ‘‘(O) $10,425,000 for NextGen—Air ground in- appropriated under subsection (a), $21,900,000 nology in the cockpit; for fiscal year 2009, $22,500,000 for fiscal year tegration; ‘‘(R) $27,075,000 for environment and en- 2010, $22,500,000 for fiscal year 2011, and ‘‘(P) $8,025,000 for NextGen—Self separa- ergy; $22,500,000 for fiscal year 2012 may be used tion; ‘‘(S) $20,368,000 for NextGen—Environ- for— ‘‘(Q) $8,049,000 for NextGen—Weather tech- mental research—Aircraft technologies, ‘‘(1) system capacity, planning, and im- nology in the cockpit; fuels, and metrics; ‘‘(R) $22,939,000 for environment and en- provement; ‘‘(T) $1,836,000 for system planning and re- ergy; ‘‘(2) operations concept validation; source management; and ‘‘(S) $16,050,000 for NextGen—Environ- ‘‘(3) NAS weather requirements; and ‘‘(U) $3,804,000 for the William J. Hughes mental research—Aircraft technologies, ‘‘(4) Airspace Management Lab.’’. Technical Center Laboratory Facility; and fuels, and metrics; SEC. 103. FAA OPERATIONS. ‘‘(16) for fiscal year 2012, $244,860,000, in- ‘‘(T) $1,847,000 for system planning and re- (a) IN GENERAL.—Section 106(k)(1) is cluding— source management; and amended by striking subparagraphs (A) ‘‘(A) $8,957,000 for fire research and safety; ‘‘(U) $3,548,000 for the William J. Hughes through (E) and inserting the following: ‘‘(B) $4,201,000 for propulsion and fuel sys- Technical Center Laboratory Facility; ‘‘(A) $8,998,462,000 for fiscal year 2009; tems; ‘‘(14) for fiscal year 2010, $214,587,000, in- ‘‘(B) $9,531,272,000 for fiscal year 2010; ‘‘(C) $2,986,000 for advanced materials and ‘‘(C) $9,936,259,000 for fiscal year 2011; and cluding— ‘‘(A) $8,546,000 for fire research and safety; structural safety; ‘‘(D) $10,350,155,000 for fiscal year 2012.’’. ‘‘(D) $4,979,000 for atmospheric hazards and (b) AUTHORIZED EXPENDITURES.—Section ‘‘(B) $4,075,000 for propulsion and fuel sys- tems; digital system safety; 106(k)(2) is amended— ‘‘(E) $15,013,000 for aging aircraft; (1) by striking subparagraph (A) and in- ‘‘(C) $2,965,000 for advanced materials and structural safety; ‘‘(F) $2,192,000 for aircraft catastrophic fail- serting the following: ure prevention research; ‘‘(A) Such sums as may be necessary for ‘‘(D) $4,921,000 for atmospheric hazards and digital system safety; ‘‘(G) $12,000,000 for flightdeck maintenance, fiscal years 2009 through 2012 to support de- system integration, and human factors; velopment and maintenance of helicopter ap- ‘‘(E) $14,688,000 for aging aircraft; ‘‘(F) $2,153,000 for aircraft catastrophic fail- ‘‘(H) $12,401,000 for aviation safety risk proach procedures, including certification analysis; and recertification of instrument flight rule, ure prevention research; ‘‘(G) $11,000,000 for flightdeck maintenance, ‘‘(I) $16,000,000 for air traffic control, tech- global positioning system, and point-in- nical operations, and human factors; space approaches to heliports necessary to system integration, and human factors; ‘‘(H) $12,589,000 for aviation safety risk ‘‘(J) $9,267,000 for aeromedical research; support all weather, emergency services.’’; ‘‘(K) $23,800,000 for weather program; (2) by striking subparagraphs (B), (C), and analysis; ‘‘(L) $6,400,000 for unmanned aircraft sys- (D); ‘‘(I) $15,471,000 for air traffic control, tech- tems research; (3) by redesignating subparagraphs (E), (F), nical operations, and human factors; ‘‘(M) $18,100,000 for the Next Generation Air and (G) as subparagraphs (B), (C), and (D), re- ‘‘(J) $8,699,000 for aeromedical research; Transportation System Joint Planning and spectively; and ‘‘(K) $23,286,000 for weather program; Development Office; (4) in subparagraphs (B), (C), and (D) (as so ‘‘(L) $6,236,000 for unmanned aircraft sys- ‘‘(N) $10,471,000 for wake turbulence; redesignated) by striking ‘‘2004 through 2007’’ tems research; ‘‘(O) $10,800,000 for NextGen—Air ground in- and inserting ‘‘2009 through 2012’’. ‘‘(M) $18,100,000 for the Next Generation Air (c) AIRLINE DATA AND ANALYSIS.—There is Transportation System Joint Planning and tegration; authorized to be appropriated to the Sec- Development Office; ‘‘(P) $8,500,000 for NextGen—Self separa- retary of Transportation out of the Airport ‘‘(N) $10,412,000 for wake turbulence; tion; and Airway Trust Fund established by sec- ‘‘(O) $10,400,000 for NextGen—Air ground in- ‘‘(Q) $8,569,000 for NextGen—Weather tech- tion 9502 of the Internal Revenue Code of 1986 tegration; nology in the cockpit; (26 U.S.C. 9502) to fund airline data collection ‘‘(P) $8,000,000 for NextGen—Self separa- ‘‘(R) $44,409,000 for environment and en- and analysis by the Bureau of Transpor- tion; ergy; tation Statistics in the Research and Innova- ‘‘(Q) $7,567,000 for NextGen—Weather tech- ‘‘(S) $20,034,000 for NextGen—Environ- tive Technology Administration of the De- nology in the cockpit; mental research—Aircraft technologies, partment of Transportation $6,000,000 for ‘‘(R) $20,278,000 for environment and en- fuels, and metrics; each of fiscal years 2009, 2010, 2011, and 2012. ergy; ‘‘(T) $1,840,000 for system planning and re- SEC. 104. RESEARCH, ENGINEERING, AND DEVEL- ‘‘(S) $19,700,000 for NextGen—Environ- source management; and OPMENT. mental research—Aircraft technologies, ‘‘(U) $3,941,000 for the William J. Hughes Section 48102(a) is amended— fuels, and metrics; Technical Center Laboratory Facility.’’.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5931

SEC. 105. FUNDING FOR AVIATION PROGRAMS. (A) Section 47106(f)(1). ‘‘(i) IN GENERAL.—Except as provided by (a) AIRPORT AND AIRWAY TRUST FUND (B) Section 47110(e)(5). clause (ii), the Secretary shall determine the GUARANTEE.—Section 48114(a)(1)(A) is amend- (C) Section 47114(f). projected use of a project for purposes of sub- ed to read as follows: (D) Section 47134(g)(1). paragraph (A) at the time the project is ap- ‘‘(A) IN GENERAL.—The total budget re- (E) Section 47139(b). proved under this subsection. sources made available from the Airport and (F) Section 47524(e). ‘‘(ii) PUBLIC TRANSPORTATION PROJECTS.—In Airway Trust Fund each fiscal year through (G) Section 47526(2). the case of a project approved under this sec- fiscal year 2012 pursuant to sections 48101, SEC. 112. PFC ELIGIBILITY FOR BICYCLE STOR- tion to be financed in part using funds ad- 48102, 48103, and 106(k) shall— AGE. ministered by the Federal Transit Adminis- ‘‘(i) in each of fiscal years 2009 and 2010, be (a) IN GENERAL.—Section 40117(a)(3) is tration, the Secretary shall use the travel equal to 90 percent of the estimated level of amended by adding at the end the following: forecasting model for the project at the time receipts plus interest credited to the Airport ‘‘(H) A project to construct secure bicycle such project is approved by the Federal and Airway Trust Fund for that fiscal year; storage facilities that are to be used by pas- Transit Administration to enter preliminary and sengers at the airport and that are in com- engineering to determine the projected use ‘‘(ii) in each of fiscal years 2011 and 2012, be pliance with applicable security standards.’’. of the project for purposes of subparagraph equal to the sum of— (b) REPORT TO CONGRESS.—Not later than (A).’’. ‘‘(I) 90 percent of the estimated level of re- one year after the date of enactment of this SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMO- ceipts plus interest credited to the Airport Act, the Administrator of the Federal Avia- DATING CONNECTING PASSENGERS. and Airway Trust Fund for that fiscal year; tion Administration shall submit to Con- (a) STUDY.—Not later than 90 days after and gress a report on the progress being made by the date of enactment of this Act, the Sec- retary of Transportation shall initiate a ‘‘(II) the actual level of receipts plus inter- airports to install bicycle parking for airport study to evaluate— est credited to the Airport and Airway Trust customers and airport employees. Fund for the second preceding fiscal year (1) the impacts on airports of accommo- SEC. 113. AWARD OF ARCHITECTURAL AND ENGI- minus the total amount made available for dating connecting passengers; and NEERING CONTRACTS FOR AIRSIDE (2) the treatment of airports at which the obligation from the Airport and Airway PROJECTS. majority of passengers are connecting pas- Trust Fund for the second preceding fiscal (a) IN GENERAL.—Section 40117(d) is amend- sengers under the passenger facility charge year. ed— program authorized by section 40117 of title Such amounts may be used only for aviation (1) by striking ‘‘and’’ at the end of para- investment programs listed in subsection 49, United States Code. graph (3); (b) CONTENTS OF STUDY.—In conducting the (b).’’. (2) by striking the period at the end of (b) ADDITIONAL AUTHORIZATIONS OF APPRO- study, the Secretary shall review, at a min- paragraph (4) and inserting ‘‘; and’’; and imum, the following: PRIATIONS FROM THE GENERAL FUND.—Sec- (3) by adding at the end the following: tion 48114(a)(2) is amended by striking ‘‘2007’’ (1) the differences in facility needs, and the ‘‘(5) in the case of an application to finance and inserting ‘‘2012’’. costs for constructing, maintaining, and op- a project to meet the airside needs of the air- (c) ESTIMATED LEVEL OF RECEIPTS PLUS IN- erating those facilities, for airports at which port, the application includes written assur- TEREST DEFINED.—Section 48114(b)(2) is the majority of passengers are connecting amended— ances, satisfactory to the Secretary, that passengers as compared to airports at which (1) in the paragraph heading by striking each contract and subcontract for program the majority of passengers are originating management, construction management, ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and destination passengers; and planning studies, feasibility studies, archi- (2) whether the costs to an airport of ac- (2) by striking ‘‘level of receipts plus inter- tectural services, preliminary engineering, commodating additional connecting pas- est’’ and inserting ‘‘estimated level of re- design, engineering, surveying, mapping, and sengers differs from the cost of accommo- ceipts plus interest’’. related services will be awarded in the same dating additional originating and destina- (d) ENFORCEMENT OF GUARANTEES.—Section way that a contract for architectural and en- tion passengers; 48114(c)(2) is amended by striking ‘‘2007’’ and gineering services is negotiated under chap- (3) for each airport charging a passenger inserting ‘‘2012’’. ter 11 of title 40 or an equivalent qualifica- facility charge, the percentage of passenger Subtitle B—Passenger Facility Charges tions-based requirement prescribed for or by facility charge revenue attributable to con- the eligible agency.’’. necting passengers and the percentage of SEC. 111. PFC AUTHORITY. (b) APPLICABILITY.—The amendment made such revenue attributable to originating and (a) PFC DEFINED.—Section 40117(a)(5) is by subsection (a) shall apply to an applica- destination passengers; amended to read as follows: tion submitted to the Secretary of Transpor- (4) the potential effects on airport revenues ‘‘(5) PASSENGER FACILITY CHARGE.—The tation by an eligible agency under section of requiring airports to charge different lev- term ‘passenger facility charge’ means a 40117 of title 49, United States Code, after the els of passenger facility charges on con- charge or fee imposed under this section.’’. date of enactment of this Act. (b) INCREASE IN PFC MAXIMUM LEVEL.— necting passengers and originating and des- Section 40117(b)(4) is amended by striking SEC. 114. INTERMODAL GROUND ACCESS tination passengers; and ‘‘$4.00 or $4.50’’ and inserting ‘‘$4.00, $4.50, PROJECT PILOT PROGRAM. (5) the added costs to air carriers of col- $5.00, $6.00, or $7.00’’. Section 40117 is amended by adding at the lecting passenger facility charges under a (c) PILOT PROGRAM FOR PFC AT NONHUB end the following: system in which different levels of passenger AIRPORTS.—Section 40117(l) is amended— ‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY facility charges are imposed on connecting (1) by striking paragraph (7); and FOR INTERMODAL GROUND ACCESS PROJECTS.— passengers and originating and destination (2) by redesignating paragraph (8) as para- ‘‘(1) PFC ELIGIBILITY.—Subject to the re- passengers. graph (7). quirements of this subsection, the Secretary (c) REPORT TO CONGRESS.— (d) CORRECTION OF REFERENCES.— shall establish a pilot program under which (1) IN GENERAL.—Not later than one year (1) SECTION 40117.—Section 40117 is amend- the Secretary may authorize, at no more after the date of initiation of the study, the ed— than 5 airports, a passenger facility charge Secretary shall submit to Congress a report (A) in the section heading by striking imposed under subsection (b)(1) or (b)(4) to on the results of the study. ‘‘FEES’’ and inserting ‘‘CHARGES’’; be used to finance the eligible cost of an (2) CONTENTS.—The report shall include— (B) in the heading for subsection (e) by intermodal ground access project. (A) the findings of the Secretary on each of striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; ‘‘(2) INTERMODAL GROUND ACCESS PROJECT the subjects listed in subsection (b); and (C) in the heading for subsection (l) by DEFINED.—In this section, the term ‘inter- (B) recommendations, if any, of the Sec- striking ‘‘FEE’’ and inserting ‘‘CHARGE’’; modal ground access project’ means a retary based on the results of the study for (D) in the heading for paragraph (5) of sub- project for constructing a local facility any changes to the passenger facility charge section (l) by striking ‘‘FEE’’ and inserting owned or operated by an eligible agency that program, including recommendations as to ‘‘CHARGE’’; is directly and substantially related to the whether different levels of passenger facility (E) in the heading for subsection (m) by movement of passengers or property trav- charges should be imposed on connecting striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; eling in air transportation. passengers and originating and destination (F) in the heading for paragraph (1) of sub- ‘‘(3) ELIGIBLE COSTS.— passengers. section (m) by striking ‘‘FEES’’ and inserting ‘‘(A) IN GENERAL.—For purposes of para- Subtitle C—Fees for FAA Services ‘‘CHARGES’’; graph (1), the eligible cost of an intermodal SEC. 121. UPDATE ON OVERFLIGHTS. (G) by striking ‘‘fee’’ each place it appears ground access project shall be the total cost (a) ESTABLISHMENT AND ADJUSTMENT OF (other than the second sentence of sub- of the project multiplied by the ratio that— FEES.—Section 45301(b) is amended to read as section (g)(4)) and inserting ‘‘charge’’; and ‘‘(i) the number of individuals projected to follows: (H) by striking ‘‘fees’’ each place it appears use the project to gain access to or depart ‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF and inserting ‘‘charges’’. from the airport; bears to FEES.— (2) OTHER REFERENCES.—Subtitle VII is ‘‘(ii) the total number of the individuals ‘‘(1) IN GENERAL.—In establishing and ad- amended by striking ‘‘fee’’ and inserting projected to use the facility. justing fees under subsection (a), the Admin- ‘‘charge’’ each place it appears in each of the ‘‘(B) DETERMINATIONS REGARDING PRO- istrator shall ensure that the fees are rea- following sections: JECTED PROJECT USE.— sonably related to the Administration’s

VerDate Nov 24 2008 04:14 May 22, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5932 CONGRESSIONAL RECORD — HOUSE May 21, 2009 costs, as determined by the Administrator, ‘‘(11) $100 for providing a legal opinion per- (3) by inserting after paragraph (7) the fol- of providing the services rendered. Services taining to aircraft registration or recorda- lowing: for which costs may be recovered include the tion. ‘‘(8) ‘general aviation airport’ means a pub- costs of air traffic control, navigation, ‘‘(b) LIMITATION ON COLLECTION.—No fee lic airport that is located in a State and weather services, training, and emergency may be collected under this section unless that, as determined by the Secretary— services which are available to facilitate safe the expenditure of the fee to pay the costs of ‘‘(A) does not have scheduled service; or transportation over the United States and activities and services for which the fee is ‘‘(B) has scheduled service with less that the costs of other services provided by the imposed is provided for in advance in an ap- 2,500 passenger boardings each year.’’. Administrator, or by programs financed by propriations Act. (d) REVENUE PRODUCING AERONAUTICAL the Administrator, to flights that neither ‘‘(c) FEES CREDITED AS OFFSETTING COLLEC- SUPPORT FACILITIES.—Section 47102 is take off nor land in the United States. The TIONS.— amended by inserting after paragraph (23) (as determination of such costs by the Adminis- ‘‘(1) IN GENERAL.—Notwithstanding section redesignated by subsection (c)(2) of this sec- trator, and the allocation of such costs by 3302 of title 31, any fee authorized to be col- tion) the following: the Administrator to services provided, are lected under this section shall— ‘‘(24) ‘revenue producing aeronautical sup- not subject to judicial review. ‘‘(A) be credited as offsetting collections to port facilities’ means fuel farms, hangar the account that finances the activities and ‘‘(2) ADJUSTMENT OF FEES.—The Adminis- buildings, self-service credit card aero- services for which the fee is imposed; trator shall adjust the overflight fees estab- nautical fueling systems, airplane wash ‘‘(B) be available for expenditure only to lished by subsection (a)(1) by expedited rule- racks, major rehabilitation of a hangar pay the costs of activities and services for making and begin collections under the ad- owned by a sponsor, or other aeronautical which the fee is imposed; and justed fees by May 1, 2010. In developing the support facilities that the Secretary deter- ‘‘(C) remain available until expended. adjusted overflight fees, the Administrator mines will increase the revenue producing ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad- may seek and consider the recommendations ability of the airport.’’. ministrator may continue to assess, collect, offered by an aviation rulemaking com- (e) TERMINAL DEVELOPMENT.—Section 47102 and spend fees established under this section mittee for overflight fees that are provided is further amended by adding at the end the during any period in which the funding for to the Administrator by May 1, 2009, and are following: the Federal Aviation Administration is pro- ‘‘(28) ‘terminal development’ means— intended to ensure that overflight fees are vided under an Act providing continuing ap- reasonably related to the Administrator’s ‘‘(A) development of— propriations in lieu of the Administration’s ‘‘(i) an airport passenger terminal building, costs of providing air traffic control and re- regular appropriations. lated services to overflights. including terminal gates; ‘‘(3) ADJUSTMENTS.—The Administrator ‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this ‘‘(ii) access roads servicing exclusively air- shall periodically adjust the fees established port traffic that leads directly to or from an section shall require the Administrator to by subsection (a) when cost data from the take into account aircraft altitude in estab- airport passenger terminal building; and cost accounting system developed pursuant ‘‘(iii) walkways that lead directly to or lishing any fee for aircraft operations in en to section 45303(e) reveal that the cost of pro- route or oceanic airspace. from an airport passenger terminal building; viding the service is higher or lower than the and ‘‘(4) COSTS DEFINED.—In this subsection, cost data that were used to establish the fee the term ‘costs’ includes those costs associ- ‘‘(B) the cost of a vehicle described in sec- then in effect.’’. tion 47119(a)(1)(B).’’. ated with the operation, maintenance, leas- (b) CLERICAL AMENDMENT.—The analysis SEC. 132. SOLID WASTE RECYCLING PLANS. ing costs, and overhead expenses of the serv- for chapter 453 is amended by adding at the (a) AIRPORT PLANNING.—Section 47102(5) (as ices provided and the facilities and equip- end the following: ment used in such services, including the amended by section 131(b) of this Act) is ‘‘45305. Registration, certification, and re- amended by inserting before the period at projected costs for the period during which lated fees.’’. the services will be provided. the end the following: ‘‘, and planning to (c) FEES INVOLVING AIRCRAFT NOT PRO- minimize the generation of, and to recycle, ‘‘(5) PUBLICATION; COMMENT.—The Adminis- VIDING AIR TRANSPORTATION.—Section trator shall publish in the Federal Register airport solid waste in a manner that is con- 45302(e) is amended— sistent with applicable State and local recy- any fee schedule under this section, includ- (1) by striking ‘‘A fee’’ and inserting the cling laws’’. ing any adjusted overflight fee schedule, and following: (b) MASTER PLAN.—Section 47106(a) is the associated collection process as an in- ‘‘(1) IN GENERAL.—A fee’’; and amended— terim final rule, pursuant to which public (2) by adding at the end the following: (1) by striking ‘‘and’’ at the end of para- comment will be sought and a final rule ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— graph (4); issued.’’. A fee may not be imposed for a service or ac- (2) by striking the period at the end of (b) ADJUSTMENTS.—Section 45301 is amend- tivity under this section during any period paragraph (5) and inserting ‘‘; and’’; and ed by adding at the end the following: in which a fee for the same service or activ- (3) by adding at the end the following: ‘‘(e) ADJUSTMENTS.—In addition to adjust- ity is imposed under section 45305.’’. ‘‘(6) in any case in which the project is for ments under subsection (b), the Adminis- Subtitle D—AIP Modifications an airport that has an airport master plan, trator may periodically adjust the fees es- SEC. 131. AMENDMENTS TO AIP DEFINITIONS. the master plan addresses the feasibility of tablished under this section.’’. (a) AIRPORT DEVELOPMENT.—Section solid waste recycling at the airport and minimizing the generation of solid waste at SEC. 122. REGISTRATION FEES. 47102(3) is amended— (1) in subparagraph (B)(iv) by striking ‘‘20’’ the airport.’’. (a) IN GENERAL.—Chapter 453 is amended and inserting ‘‘9’’; and SEC. 133. AMENDMENTS TO GRANT ASSURANCES. by adding at the end the following: (2) by adding at the end the following: (a) GENERAL WRITTEN ASSURANCES.—Sec- ‘‘§ 45305. Registration, certification, and re- ‘‘(M) construction of mobile refueler park- tion 47107(a)(16)(D)(ii) is amended by insert- lated fees ing within a fuel farm at a nonprimary air- ing before the semicolon at the end the fol- port meeting the requirements of section lowing: ‘‘, except in the case of a relocation ‘‘(a) GENERAL AUTHORITY AND FEES.—Sub- 112.8 of title 40, Code of Federal Regulations. or replacement of an existing airport facility ject to subsection (b), the Administrator of ‘‘(N) terminal development under section that meets the conditions of section the Federal Aviation Administration shall 47119(a). 47110(d)’’. establish the following fees for services and ‘‘(O) acquiring and installing facilities and (b) WRITTEN ASSURANCES ON ACQUIRING activities of the Administration: equipment to provide air conditioning, heat- LAND.— ‘‘(1) $130 for registering an aircraft. ing, or electric power from terminal-based, (1) USE OF PROCEEDS.—Section ‘‘(2) $45 for replacing an aircraft registra- non-exclusive use facilities to aircraft 47107(c)(2)(A)(iii) is amended by striking tion. parked at a public use airport for the pur- ‘‘paid to the Secretary’’ and all that follows ‘‘(3) $130 for issuing an original dealer’s air- pose of reducing energy use or harmful emis- before the semicolon and inserting ‘‘rein- craft certificate. sions as compared to the provision of such vested in another project at the airport or ‘‘(4) $105 for issuing an aircraft certificate air conditioning, heating, or electric power transferred to another airport as the Sec- (other than an original dealer’s aircraft cer- from aircraft-based systems.’’. retary prescribes under paragraph (4)’’. tificate). (b) AIRPORT PLANNING.—Section 47102(5) is (2) ELIGIBLE PROJECTS.—Section 47107(c) is ‘‘(5) $80 for issuing a special registration amended by inserting before the period at amended by adding at the end the following: number. the end the following: ‘‘, developing an envi- ‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap- ‘‘(6) $50 for issuing a renewal of a special ronmental management system’’. proving the reinvestment or transfer of pro- registration number. (c) GENERAL AVIATION AIRPORT.—Section ceeds under subsection (c)(2)(A)(iii), the Sec- ‘‘(7) $130 for recording a security interest 47102 is amended— retary shall give preference, in descending in an aircraft or aircraft part. (1) by redesignating paragraphs (23) order, to the following actions: ‘‘(8) $50 for issuing an airman certificate. through (25) as paragraphs (25) through (27), ‘‘(A) Reinvestment in an approved noise ‘‘(9) $25 for issuing a replacement airman respectively; compatibility project. certificate. (2) by redesignating paragraphs (8) through ‘‘(B) Reinvestment in an approved project ‘‘(10) $42 for issuing an airman medical cer- (22) as paragraphs (9) through (23), respec- that is eligible for funding under section tificate. tively; and 47117(e).

VerDate Nov 24 2008 04:14 May 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5933 ‘‘(C) Reinvestment in an approved airport (1) by inserting ‘‘construction of’’ before year thereafter, the personal net worth cap development project that is eligible for fund- ‘‘revenue producing’’; and to account for changes, occurring in the pre- ing under section 47114, 47115, or 47117. (2) by striking ‘‘, including fuel farms and ceding 12-month period, in the Consumer ‘‘(D) Transfer to a sponsor of another pub- hangars,’’. Price Index of All Urban Consumers (United lic airport to be reinvested in an approved SEC. 136. UNIFORM CERTIFICATION TRAINING States city average, all items) published by noise compatibility project at such airport. FOR AIRPORT CONCESSIONS UNDER the Secretary of Labor.’’. ‘‘(E) Payment to the Secretary for deposit DISADVANTAGED BUSINESS ENTER- SEC. 139. CALCULATION OF STATE APPORTION- in the Airport and Airway Trust Fund.’’. PRISE PROGRAM. MENT FUND. (a) IN GENERAL.—Section 47107(e) is amend- (c) CLERICAL AMENDMENT.—Section Section 47114(d) is amended— ed— 47107(c)(2)(B)(iii) is amended by striking ‘‘the (1) in paragraph (2)— (1) by redesignating paragraph (8) as para- Fund’’ and inserting ‘‘the Airport and Air- (A) by striking ‘‘Except as provided in graph (9); and way Trust Fund established under section paragraph (3), the Secretary’’ and inserting (2) by inserting after paragraph (7) the fol- 9502 of the Internal Revenue Code of 1986 (26 ‘‘The Secretary’’; and lowing: U.S.C. 9502)’’. (B) by striking ‘‘18.5 percent’’ and inserting ‘‘(8) MANDATORY TRAINING PROGRAM FOR SEC. 134. GOVERNMENT SHARE OF PROJECT ‘‘10 percent’’; and AIRPORT CONCESSIONS.— COSTS. (2) by striking paragraph (3) and inserting Section 47109 is amended— ‘‘(A) IN GENERAL.—Not later than one year the following: (1) in subsection (a) by striking ‘‘provided after the date of enactment of the FAA Re- ‘‘(3) ADDITIONAL AMOUNT.— in subsection (b) or subsection (c) of this sec- authorization Act of 2009, the Secretary shall ‘‘(A) IN GENERAL.—In addition to amounts establish a mandatory training program for tion’’ and inserting ‘‘otherwise specifically apportioned under paragraph (2), and subject persons described in subparagraph (C) on the provided in this section’’; and to subparagraph (B), the Secretary shall ap- certification of whether a small business (2) by adding at the end the following: portion to each airport, excluding primary ‘‘(e) SPECIAL RULE FOR TRANSITION FROM concern in airport concessions qualifies as a airports but including reliever and nonpri- SMALL HUB TO MEDIUM HUB STATUS.—If the small business concern owned and controlled mary commercial service airports, in States status of a small hub airport changes to a by a socially and economically disadvan- the lesser of— medium hub airport, the Government’s share taged individual for purposes of paragraph ‘‘(i) $150,000; or of allowable project costs for the airport (1). ‘‘(ii) 1⁄5 of the most recently published esti- may not exceed 90 percent for the first 2 fis- ‘‘(B) IMPLEMENTATION.—The training pro- mate of the 5-year costs for airport improve- cal years following such change in hub sta- gram may be implemented by one or more ment for the airport, as listed in the na- tus. private entities approved by the Secretary. tional plan of integrated airport systems de- ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DE- ‘‘(C) PARTICIPANTS.—A person referred to veloped by the Federal Aviation Administra- PRESSED COMMUNITIES.—The Government’s in paragraph (1) is an official or agent of an tion under section 47103. share of allowable project costs shall be 95 airport owner or operator who is required to ‘‘(B) REDUCTION.—In any fiscal year in percent for a project at an airport that— provide a written assurance under paragraph which the total amount made available for ‘‘(1) is receiving subsidized air service (1) that the airport owner or operator will apportionment under paragraph (2) is less under subchapter II of chapter 417; and meet the percentage goal of paragraph (1) or than $300,000,000, the Secretary shall reduce, ‘‘(2) is located in an area that meets one or who is responsible for determining whether on a prorated basis, the amount to be appor- more of the criteria established in section or not a small business concern in airport tioned under subparagraph (A) and make 301(a) of the Public Works and Economic De- concessions qualifies as a small business con- such reduction available to be apportioned velopment Act of 1965 (42 U.S.C. 3161(a)), as cern owned and controlled by a socially and under paragraph (2), so as to apportion under determined by the Secretary of Commerce.’’. economically disadvantaged individual for paragraph (2) a minimum of $300,000,000.’’. SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. purposes of paragraph (1). (a) ALLOWABLE PROJECT COSTS.—Section ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— SEC. 140. REDUCING APPORTIONMENTS. 47110(b)(2)(D) is amended to read as follows: There are authorized to be appropriated such Section 47114(f)(1) is amended— ‘‘(D) if the cost is for airport development sums as may be necessary to carry out this (1) by striking ‘‘and’’ at the end of subpara- and is incurred before execution of the grant paragraph.’’. graph (A); agreement, but in the same fiscal year as (b) REPORT.—Not later than 24 months (2) in subparagraph (B)— execution of the grant agreement, and if— after the date of enactment of this Act, the (A) by inserting ‘‘except as provided by ‘‘(i) the cost was incurred before execution Secretary shall submit to the Committee on subparagraph (C),’’ before ‘‘in the case’’; and of the grant agreement due to the short con- Transportation and Infrastructure of the (B) by striking the period at the end and struction season in the vicinity of the air- House of Representatives, the Committee on inserting ‘‘; and’’; and port; Commerce, Science, and Transportation of (3) by adding at the end the following: ‘‘(ii) the cost is in accordance with an air- the Senate, and other appropriate commit- ‘‘(C) in the case of a charge of more than port layout plan approved by the Secretary tees of Congress a report on the results of $4.50 imposed by the sponsor of an airport en- and with all statutory and administrative re- the training program conducted under the planing at least one percent of the total quirements that would have been applicable amendment made by subsection (a). number of boardings each year in the United to the project if the project had been carried SEC. 137. PREFERENCE FOR SMALL BUSINESS States, 100 percent of the projected revenues out after execution of the grant agreement; CONCERNS OWNED AND CON- from the charge in the fiscal year but not ‘‘(iii) the sponsor notifies the Secretary be- TROLLED BY DISABLED VETERANS. more than 100 percent of the amount that fore authorizing work to commence on the Section 47112(c) is amended by adding at otherwise would be apportioned under this project; and the end the following: section.’’. ‘‘(iv) the sponsor’s decision to proceed with ‘‘(3) A contract involving labor for car- SEC. 141. MINIMUM AMOUNT FOR DISCRE- the project in advance of execution of the rying out an airport development project TIONARY FUND. grant agreement does not affect the priority under a grant agreement under this sub- Section 47115(g)(1) is amended by striking assigned to the project by the Secretary for chapter must require that a preference be ‘‘sum of—’’ and all that follows through the the allocation of discretionary funds;’’. given to the use of small business concerns period at the end of subparagraph (B) and in- (b) RELOCATION OF AIRPORT-OWNED FACILI- (as defined in section 3 of the Small Business serting ‘‘sum of $520,000,000.’’. TIES.—Section 47110(d) is amended to read as Act (15 U.S.C. 1632)) owned and controlled by disabled veterans.’’. SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND follows: PALAU. ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI- SEC. 138. MINORITY AND DISADVANTAGED BUSI- Section 47115(j) is amended by striking TIES.—The Secretary may determine that NESS PARTICIPATION. the costs of relocating or replacing an air- Section 47113 is amended by adding at the ‘‘fiscal years 2004 through 2008, and for the port-owned facility are allowable for an air- end the following: portion of fiscal year 2009 ending before April 1, 2009,’’ and inserting, ‘‘fiscal years 2008 port development project at an airport only ‘‘(e) PERSONAL NET WORTH CAP.— through 2012,’’. if— ‘‘(1) REGULATIONS.—Not later than 180 days ‘‘(1) the Government’s share of such costs after the date of enactment of this sub- SEC. 143. USE OF APPORTIONED AMOUNTS. will be paid with funds apportioned to the section, the Secretary shall issue final regu- Section 47117(e)(1)(A) is amended— airport sponsor under section 47114(c)(1) or lations to adjust the personal net worth cap (1) in the first sentence— 47114(d); used in determining whether an individual is (A) by striking ‘‘35 percent’’ and inserting ‘‘(2) the Secretary determines that the re- economically disadvantaged for purposes of ‘‘$300,000,000’’; location or replacement is required due to a qualifying under the definition contained in (B) by striking ‘‘and’’ after ‘‘47141,’’; and change in the Secretary’s design standards; subsection (a)(2). The regulations shall cor- (C) by inserting before the period at the and rect for the impact of inflation since the end the following: ‘‘, and for water quality ‘‘(3) the Secretary determines that the Small Business Administration established mitigation projects to comply with the Fed- change is beyond the control of the airport the personal net worth cap at $750,000 in 1989. eral Water Pollution Control Act (33 U.S.C. sponsor.’’. ‘‘(2) ANNUAL ADJUSTMENT.—Following the 1251 et seq.) as approved in an environmental (c) NONPRIMARY AIRPORTS.—Section initial adjustment under paragraph (1), the record of decision for an airport development 47110(h) is amended— Secretary shall adjust, on June 30 of each project under this title’’; and

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5934 CONGRESSIONAL RECORD — HOUSE May 21, 2009

(2) in the second sentence by striking ‘‘(2) PROJECT SELECTION.—The Secretary (C) in paragraph (2) by striking ‘‘; and’’ and ‘‘such 35 percent requirement is’’ and insert- shall select projects under this subsection inserting a period; and ing ‘‘the requirements of the preceding sen- that— (D) by striking paragraph (3); tence are’’. ‘‘(A) evaluate and test the benefits of inno- (2) in subsection (b)— SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC vative aviation security systems or related (A) in paragraph (1) by striking the semi- SPONSOR. technology, including explosives detection colon and inserting ‘‘; and’’; (a) IN GENERAL.—Section 47133(b) is amend- systems, for the purpose of improving avia- (B) by striking paragraph (2) and redesig- ed— tion and aircraft physical security, access nating paragraph (3) as paragraph (2); and (1) by striking ‘‘Subsection (a) shall not control, and passenger and baggage screen- (C) in paragraph (2) (as so redesignated) by apply if’’ and inserting the following: ing; and striking ‘‘, Short Takeoff and Landing/Very ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Sub- ‘‘(B) provide testing and evaluation of air- Short Takeoff and Landing aircraft oper- section (a) shall not apply if’’; and port security systems and technology in an ations,’’; and (2) by adding at the end the following: operational, testbed environment.’’. (3) in subsection (d) by striking ‘‘status of ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC (c) MATCHING SHARE.—Section 47137(c) is the’’. SPONSOR.—In the case of a privately owned amended by inserting after ‘‘section 47109’’ (b) UPDATE VETERANS PREFERENCE DEFINI- airport, subsection (a) shall not apply to the the following: ‘‘or any other provision of TION.—Section 47112(c) is amended— proceeds from the sale of the airport to a law’’. (1) in paragraph (1)— public sponsor if— (d) ADMINISTRATION.—Section 47137(e) is (A) in subparagraph (B) by striking ‘‘sepa- ‘‘(A) the sale is approved by the Secretary; amended by adding at the end the following: rated from’’ and inserting ‘‘discharged or re- ‘‘(B) funding is provided under this subtitle ‘‘The Secretary may enter into an agreement leased from active duty in’’; and for any portion of the public sponsor’s acqui- in accordance with section 106(m) to provide (B) by adding at the end the following: sition of airport land; and for the administration of any project under ‘‘(C) ‘Afghanistan-Iraq war veteran’ means ‘‘(C) an amount equal to the remaining the program.’’. an individual who served on active duty (as unamortized portion of any airport improve- (e) ELIGIBLE SPONSOR.—Section 47137 is defined by section 101 of title 38) in the ment grant made to that airport for purposes amended by striking subsection (f) and re- Armed Forces for a period of more than 180 other than land acquisition, amortized over designating subsection (g) as subsection (f). consecutive days, any part of which occurred a 20-year period, plus an amount equal to the (f) AUTHORIZATION OF APPROPRIATIONS.— during the period beginning on September 11, Federal share of the current fair market Section 47137(f) (as so redesignated) is 2001, and ending on the date prescribed by value of any land acquired with an airport amended by striking ‘‘$5,000,000’’ and insert- presidential proclamation or by law as the improvement grant made to that airport on ing ‘‘$8,500,000’’. last date of Operation Iraqi Freedom, and or after October 1, 1996, is repaid to the Sec- SEC. 147. SUNSET OF PILOT PROGRAM FOR PUR- who was separated from the Armed Forces retary by the private owner. CHASE OF AIRPORT DEVELOPMENT under honorable conditions.’’; and RIGHTS. (2) in paragraph (2) by striking ‘‘veterans ‘‘(3) TREATMENT OF REPAYMENTS.—Repay- Section 47138 is amended by adding at the ments referred to in paragraph (2)(C) shall be and’’ and inserting ‘‘veterans, Afghanistan- end the following: treated as a recovery of prior year obliga- Iraq war veterans, and’’. ‘‘(f) SUNSET.—This section shall not be in (c) CONSOLIDATION OF TERMINAL DEVELOP- tions.’’. effect after September 30, 2008.’’. MENT PROVISIONS.—Section 47119 is amend- (b) APPLICABILITY TO GRANTS.—The amend- ed— ments made by subsection (a) shall apply to SEC. 148. EXTENSION OF GRANT AUTHORITY FOR grants issued on or after October 1, 1996. COMPATIBLE LAND USE PLANNING (1) by redesignating subsections (a), (b), AND PROJECTS BY STATE AND (c), and (d) as subsections (b), (c), (d), and (e), SEC. 145. AIRPORT PRIVATIZATION PILOT PRO- LOCAL GOVERNMENTS. GRAM. respectively; and Section 47141(f) is amended by striking (2) by inserting before subsection (b) (as so (a) APPROVAL REQUIREMENTS.—Section ‘‘March 31, 2009’’ and inserting ‘‘September 47134 is amended in subsections (b)(1)(A)(i), redesignated) the following: 30, 2012’’. ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by strik- SEC. 149. REPEAL OF LIMITATIONS ON METRO- ‘‘(1) IN GENERAL.—The Secretary may ap- ing ‘‘65 percent’’ each place it appears and POLITAN WASHINGTON AIRPORTS prove a project for terminal development (in- inserting ‘‘75 percent’’. AUTHORITY. cluding multimodal terminal development) (b) PROHIBITION ON RECEIPT OF FUNDS.— Section 49108, and the item relating to (1) SECTION 47134.—Section 47134 is amended in a nonrevenue-producing public-use area of such section in the analysis for chapter 491, a commercial service airport— by adding at the end the following: are repealed. ‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN ‘‘(A) if the sponsor certifies that the air- SEC. 150. MIDWAY ISLAND AIRPORT. FUNDS.—An airport receiving an exemption port, on the date the grant application is Section 186(d) of the Vision 100—Century of under subsection (b) shall be prohibited from submitted to the Secretary, has— Aviation Reauthorization Act (117 Stat. 2518) receiving apportionments under section 47114 ‘‘(i) all the safety equipment required for is amended by striking ‘‘for fiscal years end- or discretionary funds under section 47115.’’. certification of the airport under section ing before October 1, 2008, and for the portion (2) CONFORMING AMENDMENTS.—Section 44706; of fiscal year 2009 ending before April 1, 47134(g) is amended— ‘‘(ii) all the security equipment required by 2009,’’ and inserting ‘‘October 1, 2012,’’. (A) in the subsection heading by striking regulation; and SEC. 151. PUERTO RICO MINIMUM GUARANTEE. ‘‘APPORTIONMENTS;’’; ‘‘(iii) provided for access by passengers to (B) in paragraph (1) by striking the semi- Section 47114(e) is amended— the area of the airport for boarding or colon at the end and inserting ‘‘; or’’; (1) in the subsection heading by inserting exiting aircraft that are not air carrier air- (C) by striking paragraph (2); and ‘‘AND PUERTO RICO’’ after ‘‘ALASKA’’; and craft; (D) by redesignating paragraph (3) as para- (2) by adding at the end the following: ‘‘(B) if the cost is directly related to mov- graph (2). ‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In ing passengers and baggage in air commerce (c) FEDERAL SHARE OF PROJECT COSTS.— any fiscal year in which the total amount within the airport, including vehicles for Section 47109(a) is amended— apportioned to airports in Puerto Rico under moving passengers between terminal facili- (1) by striking the semicolon at the end of subsections (c) and (d) is less than 1.5 percent ties and between terminal facilities and air- paragraph (3) and inserting ‘‘; and’’; of the total amount apportioned to all air- craft; and (2) by striking paragraph (4); and ports under subsections (c) and (d), the Sec- ‘‘(C) under terms necessary to protect the (3) by redesignating paragraph (5) as para- retary shall apportion to the Puerto Rico interests of the Government. graph (4). Ports Authority for airport development ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS SEC. 146. AIRPORT SECURITY PROGRAM. projects in such fiscal year an amount equal AND NONREVENUE-PRODUCING PARKING LOTS.— (a) GENERAL AUTHORITY.—Section 47137(a) to the difference between 1.5 percent of the In making a decision under paragraph (1), is amended by inserting ‘‘, in consultation total amounts apportioned under subsections the Secretary may approve as allowable with the Secretary of Homeland Security,’’ (c) and (d) in such fiscal year and the amount costs the expenses of terminal development after ‘‘Transportation’’. otherwise apportioned under subsections (c) in a revenue-producing area and construc- (b) IMPLEMENTATION.—Section 47137(b) is and (d) to airports in Puerto Rico in such fis- tion, reconstruction, repair, and improve- amended to read as follows: cal year.’’. ment in a nonrevenue-producing parking lot ‘‘(b) IMPLEMENTATION.— SEC. 152. MISCELLANEOUS AMENDMENTS. if— ‘‘(1) IN GENERAL.—In carrying out this sec- (a) TECHNICAL CHANGES TO NATIONAL PLAN ‘‘(A) except as provided in section tion, the Secretary of Transportation shall OF INTEGRATED AIRPORT SYSTEMS.—Section 47108(e)(3), the airport does not have more provide funding through a grant, contract, or 47103 is amended— than .05 percent of the total annual pas- another agreement described in section (1) in subsection (a)— senger boardings in the United States; and 106(l)(6) to a nonprofit consortium that— (A) by striking ‘‘each airport to—’’ and in- ‘‘(B) the sponsor certifies that any needed ‘‘(A) is composed of public and private per- serting ‘‘the airport system to—’’; airport development project affecting safety, sons, including an airport sponsor; and (B) in paragraph (1) by striking ‘‘system in security, or capacity will not be deferred be- ‘‘(B) has at least 10 years of demonstrated the particular area;’’ and inserting ‘‘system, cause of the Secretary’s approval.’’; experience in testing and evaluating anti- including connection to the surface transpor- (3) in paragraphs (3) and (4)(A) of sub- terrorist technologies at airports. tation network; and’’; section (b) (as redesignated by paragraph (1)

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.045 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5935 of this subsection) by striking ‘‘section TITLE II—NEXT GENERATION AIR TRANS- SEC. 202. NEXT GENERATION AIR TRANSPOR- 47110(d)’’ and inserting ‘‘subsection (a)’’; PORTATION SYSTEM AND AIR TRAFFIC TATION SYSTEM JOINT PLANNING (4) in paragraph (5) of subsection (b) (as re- CONTROL MODERNIZATION AND DEVELOPMENT OFFICE. designated by paragraph (1) of this sub- (a) ESTABLISHMENT.— section) by striking ‘‘subsection (b)(1) and SEC. 201. MISSION STATEMENT; SENSE OF CON- (1) ASSOCIATE ADMINISTRATOR FOR THE NEXT GRESS. (2)’’ and inserting ‘‘subsections (c)(1) and GENERATION AIR TRANSPORTATION SYSTEM.— (c)(2)’’; (a) FINDINGS.—Congress finds the fol- Section 709(a) of Vision 100—Century of Avia- (5) in paragraphs (2)(A), (3), and (4) of sub- lowing: tion Reauthorization Act (49 U.S.C. 40101 section (c) (as redesignated by paragraph (1) (1) The United States faces a great na- note; 117 Stat. 2582) is amended— of this subsection) by striking ‘‘section tional challenge as the Nation’s aviation in- (A) by redesignating paragraphs (2), (3), 47110(d) of this title’’ and inserting ‘‘sub- frastructure is at a crossroads. and (4) as paragraphs (3), (4), and (5), respec- section (a)’’; (2) The demand for aviation services, a tively; and (6) in paragraph (2)(B) of subsection (c) (as critical element of the United States econ- (B) by inserting after paragraph (1) the fol- redesignated by paragraph (1) of this sub- omy, vital in supporting the quality of life of lowing: ‘‘(2) The director of the Office shall be the section) by striking ‘‘section 47110(d)’’ and the people of the United States, and critical Associate Administrator for the Next Gen- inserting ‘‘subsection (a)’’; in support of the Nation’s defense and na- eration Air Transportation System, who (7) in subsection (c)(5) (as redesignated by tional security, is growing at an ever in- shall be appointed by the Administrator of paragraph (1) of this subsection) by striking creasing rate. At the same time, the ability the Federal Aviation Administration. The ‘‘section 47110(d)’’ and inserting ‘‘subsection of the United States air transportation sys- Associate Administrator shall report to the (a)’’; and tem to expand and change to meet this in- Administrator.’’. (8) by adding at the end the following: creasing demand is limited. (2) RESPONSIBILITIES.—Section 709(a)(3) of (3) The aviation industry accounts for ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.— such Act (as redesignated by paragraph (1) of more than 11,000,000 jobs in the United States The Secretary may distribute not more than this subsection) is amended— and contributes approximately $20,000,000 from the discretionary fund estab- (A) in subparagraph (G) by striking ‘‘; and’’ $741,000,000,000 annually to the United States lished under section 47115 for terminal devel- and inserting a semicolon; gross domestic product. opment projects at a nonhub airport or a (B) in subparagraph (H) by striking the pe- (4) The United States air transportation small hub airport that is eligible to receive riod at the end and inserting a semicolon; system continues to drive economic growth discretionary funds under section and in the United States and will continue to be 47108(e)(3).’’. (C) by adding at the end the following: a major economic driver as air traffic triples ‘‘(I) establishing specific quantitative (d) ANNUAL REPORT.—Section 47131(a) is over the next 20 years. goals for the safety, capacity, efficiency, per- amended— (5) The Next Generation Air Transpor- formance, and environmental impacts of (1) by striking ‘‘April 1’’ and inserting tation System (in this section referred to as each phase of Next Generation Air Transpor- ‘‘June 1’’; and the ‘‘NextGen System’’) is the system for tation System implementation activities (2) by striking paragraphs (1), (2), (3), and achieving long-term transformation of the and measuring actual operational experience (4) and inserting the following: United States air transportation system that against those goals, taking into account ‘‘(1) a summary of airport development and focuses on developing and implementing new noise pollution reduction concerns of af- planning completed; technologies and that will set the stage for fected communities to the greatest extent ‘‘(2) a summary of individual grants issued; the long-term development of a scalable and practicable in establishing the environ- ‘‘(3) an accounting of discretionary and ap- more flexible air transportation system mental goals; portioned funds allocated; without compromising the unprecedented ‘‘(J) working to ensure global interoper- ‘‘(4) the allocation of appropriations; and’’. safety record of United States aviation. ability of the Next Generation Air Transpor- (e) CORRECTION TO EMISSION CREDITS PROVI- (6) The benefits of the NextGen System, in tation System; SION.—Section 47139 is amended— terms of promoting economic growth and de- ‘‘(K) working to ensure the use of weather (1) in subsection (a) by striking velopment, are enormous. information and space weather information ‘‘47102(3)(F),’’; and (7) The NextGen System will guide the in the Next Generation Air Transportation (2) in subsection (b)— path of the United States air transportation System as soon as possible; (A) by striking ‘‘47102(3)(F),’’; and system in the challenging years ahead. ‘‘(L) overseeing, with the Administrator of (B) by striking ‘‘47103(3)(F),’’. (b) SENSE OF CONGRESS.—It is the sense of the Federal Aviation Administration, the se- (f) CONFORMING AMENDMENT TO CIVIL PEN- Congress that— lection of products or outcomes of research ALTY ASSESSMENT AUTHORITY.—Section (1) modernizing the air transportation sys- and development activities that would be 46301(d)(2) is amended by inserting ‘‘46319,’’ tem is a national priority and the United moved to the next stage of a demonstration after ‘‘46318,’’. States must make a commitment to revital- project; and (g) OTHER CONFORMING AMENDMENTS.— izing this essential component of the Na- ‘‘(M) maintaining a baseline modeling and (1) Sections 40117(a)(3)(B) is amended by tion’s transportation infrastructure; simulation environment for testing and eval- striking ‘‘section 47110(d)’’ and inserting (2) one fundamental requirement for the uating alternative concepts to satisfy Next ‘‘section 47119(a)’’. success of the NextGen System is strong Generation Air Transportation enterprise ar- (2) Section 47108(e)(3) is amended— leadership and sufficient resources; chitecture requirements.’’. (A) by striking ‘‘section 47110(d)(2)’’ and in- (3) the Joint Planning and Development (3) COOPERATION WITH OTHER FEDERAL AGEN- serting ‘‘section 47119(a)’’; and Office of the Federal Aviation Administra- CIES.—Section 709(a)(4) of such Act (as redes- (B) by striking ‘‘section 47110(d)’’ and in- tion and the Next Generation Air Transpor- ignated by paragraph (1) of this subsection) serting ‘‘section 47119(a)’’. tation System Senior Policy Committee, is amended— each established by Congress in 2003, will (h) CORRECTION TO SURPLUS PROPERTY AU- (A) by striking ‘‘(4)’’ and inserting lead and facilitate this important national THORITY.—Section 47151(e) is amended by ‘‘(4)(A)’’; and mission to ensure that the programs and ca- striking ‘‘(other than real property’’ and all (B) by adding at the end the following: pabilities of the NextGen System are care- ‘‘(B) The Secretary of Defense, the Admin- that follows through ‘‘(10 U.S.C. 2687 note))’’. fully integrated and aligned; istrator of the National Aeronautics and (i) AIRPORT CAPACITY BENCHMARK RE- (4) Government agencies and industry Space Administration, the Secretary of Com- PORTS.—Section 47175(2) is amended by strik- must work together, carefully integrating merce, the Secretary of Homeland Security, ing ‘‘Airport Capacity Benchmark Report and aligning their work to meet the needs of and the head of any other Federal agency 2001’’ and inserting ‘‘2001 and 2004 Airport Ca- the NextGen System in the development of from which the Secretary of Transportation pacity Benchmark Reports or table 1 of the budgets, programs, planning, and research; requests assistance under subparagraph (A) Federal Aviation Administration’s most re- (5) the Department of Transportation, the shall designate a senior official in the agen- cent airport capacity benchmark report’’. Federal Aviation Administration, the De- cy to be responsible for— SEC. 153. AIRPORT MASTER PLANS. partment of Defense, the Department of ‘‘(i) carrying out the activities of the agen- Homeland Security, the Department of Com- cy relating to the Next Generation Air Section 47101 is amended by adding at the merce, and the National Aeronautics and Transportation System in coordination with end the following: Space Administration must work in coopera- the Office, including the execution of all as- ‘‘(i) ADDITIONAL GOALS FOR AIRPORT MAS- tion and make transformational improve- pects of the work of the agency in developing TER PLANS.—In addition to the goals set ments to the United States air transpor- and implementing the integrated work plan forth in subsection (g)(2), the Secretary shall tation infrastructure a priority; and described in subsection (b)(5); encourage airport sponsors and State and (6) due to the critical importance of the ‘‘(ii) serving as a liaison for the agency in local officials, through Federal Aviation Ad- NextGen System to the economic and na- activities of the agency relating to the Next ministration advisory circulars, to consider tional security of the United States, partner Generation Air Transportation System and customer convenience, airport ground ac- departments and agencies must be provided coordinating with other Federal agencies in- cess, and access to airport facilities in air- with the resources required to complete the volved in activities relating to the System; port master plans.’’. implementation of the NextGen System. and

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.046 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5936 CONGRESSIONAL RECORD — HOUSE May 21, 2009

‘‘(iii) ensuring that the agency meets its (3) by striking the period at the end of (b) ANNUAL REPORT.—Section 710 of such obligations as set forth in any memorandum paragraph (4) and inserting ‘‘; and’’; and Act (117 Stat. 2584) is amended by adding at of understanding executed by or on behalf of (4) by adding at the end the following: the end the following: the agency relating to the Next Generation ‘‘(5) a multiagency integrated work plan ‘‘(e) ANNUAL REPORT.— Air Transportation System. for the Next Generation Air Transportation ‘‘(1) SUBMISSION TO CONGRESS.—Not later ‘‘(C) The head of a Federal agency referred System that includes— than one year after the date of enactment of to in subparagraph (B) shall ensure that— ‘‘(A) an outline of the activities required to this subsection, and annually thereafter on ‘‘(i) the responsibilities of the agency re- achieve the end-state architecture, as ex- the date of submission of the President’s lating to the Next Generation Air Transpor- pressed in the concept of operations and en- budget request to Congress under section tation System are clearly communicated to terprise architecture documents, that identi- 1105(a) of title 31, United States Code, the the senior official of the agency designated fies each Federal agency or other entity re- Secretary shall submit to the Committee on under subparagraph (B); and sponsible for each activity in the outline; Transportation and Infrastructure and the ‘‘(ii) the performance of the senior official ‘‘(B) details on a year-by-year basis of spe- Committee on Science and Technology of the in carrying out the responsibilities of the cific accomplishments, activities, research House of Representatives and the Committee agency relating to the Next Generation Air requirements, rulemakings, policy decisions, on Commerce, Science, and Transportation Transportation System is reflected in the of- and other milestones of progress for each of the Senate a report summarizing the ficial’s annual performance evaluations and Federal agency or entity conducting activi- progress made in carrying out the integrated compensation. ties relating to the Next Generation Air work plan required by section 709(b)(5) and ‘‘(D) The head of a Federal agency referred Transportation System; any changes in that plan. to in subparagraph (B) shall— ‘‘(C) for each element of the Next Genera- ‘‘(2) CONTENTS.—The report shall include— ‘‘(i) establish or designate an office within tion Air Transportation System, an outline, ‘‘(A) a copy of the updated integrated work the agency to carry out its responsibilities on a year-by-year basis, of what is to be ac- plan; under the memorandum of understanding complished in that year toward meeting the ‘‘(B) a description of the progress made in under the supervision of the designated offi- Next Generation Air Transportation Sys- carrying out the integrated work plan and cial; and tem’s end-state architecture, as expressed in any changes in that plan, including any ‘‘(ii) ensure that the designated official has the concept of operations and enterprise ar- changes based on funding shortfalls and limi- sufficient budgetary authority and staff re- tations set by the Office of Management and chitecture documents, as well as identifying sources to carry out the agency’s Next Gen- Budget; each Federal agency or other entity that will eration Air Transportation System respon- ‘‘(C) a detailed description of— be responsible for each component of any re- sibilities as set forth in the integrated plan ‘‘(i) the success or failure of each item of search, development, or implementation pro- under subsection (b). the integrated work plan for the previous gram; ‘‘(E) Not later than 6 months after the date year and relevant information as to why any ‘‘(D) an estimate of all necessary expendi- of enactment of this subparagraph, the head milestone was not met; and tures on a year-by-year basis, including a of each Federal agency that has responsi- ‘‘(ii) the impact of not meeting the mile- statement of each Federal agency or entity’s bility for carrying out any activity under stone and what actions will be taken in the responsibility for costs and available re- the integrated plan under subsection (b) future to account for the failure to complete sources, for each stage of development from shall execute a memorandum of under- the milestone; the basic research stage through the dem- standing with the Office obligating that ‘‘(D) an explanation of any change to fu- onstration and implementation phase; agency to carry out the activity.’’. ture years in the integrated work plan and ‘‘(E) a clear explanation of how each step (4) COORDINATION WITH OMB.—Section 709(a) the reasons for such change; and in the development of the Next Generation of such Act (117 Stat. 2582) is further amend- ‘‘(E) an identification of the levels of fund- ed by adding at the end the following: Air Transportation System will lead to the ing for each agency participating in the inte- ‘‘(6)(A) The Office shall work with the Di- following step and of the implications of not grated work plan devoted to programs and rector of the Office of Management and successfully completing a step in the time activities under the plan for the previous fis- Budget to develop a process whereby the Di- period described in the integrated work plan; cal year and in the President’s budget re- rector will identify projects related to the ‘‘(F) a transition plan for the implementa- quest.’’. Next Generation Air Transportation System tion of the Next Generation Air Transpor- across the agencies referred to in paragraph tation System that includes date-specific SEC. 204. AUTOMATIC DEPENDENT SURVEIL- LANCE-BROADCAST SERVICES. (4)(A) and consider the Next Generation Air milestones for the implementation of new (a) REPORT ON FAA PROGRAM AND SCHED- Transportation System as a unified, cross- capabilities into the national airspace sys- ULE.— agency program. tem; (1) IN GENERAL.—The Administrator of the ‘‘(B) The Director, to the maximum extent ‘‘(G) date-specific timetables for meeting Federal Aviation Administration shall pre- practicable, shall— the environmental goals identified in sub- pare a report detailing the program and ‘‘(i) ensure that— section (a)(3)(I); and schedule for integrating automatic depend- ‘‘(I) each Federal agency covered by the ‘‘(H) a description of potentially signifi- ent surveillance-broadcast (in this section plan has sufficient funds requested in the cant operational or workforce changes re- referred to as ‘‘ADS-B’’) technology into the President’s budget, as submitted under sec- sulting from deployment of the Next Genera- national airspace system. tion 1105(a) of title 31, United States Code, tion Air Transportation System.’’. (2) CONTENTS.—The report shall include— for each fiscal year covered by the plan to (c) NEXTGEN IMPLEMENTATION PLAN.—Sec- carry out its responsibilities under the plan; tion 709(d) of such Act (117 Stat. 2584) is (A) a description of segment 1 and segment and amended to read as follows: 2 activity to acquire ADS-B services; ‘‘(II) the development and implementation ‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The (B) a description of plans for implementa- of the Next Generation Air Transportation Administrator of the Federal Aviation Ad- tion of advanced operational procedures and System remains on schedule; ministration shall develop and publish annu- ADS-B air-to-air applications; and ‘‘(ii) include, in the President’s budget, a ally the document known as the ‘NextGen (C) a detailed description of the protec- statement of the portion of the estimated Implementation Plan’, or any successor doc- tions that the Administration will require as budget of each Federal agency covered by ument, that provides a detailed description part of any contract or program in the event the plan that relates to the activities of the of how the agency is implementing the Next of a contractor’s default, bankruptcy, acqui- agency under the Next Generation Air Generation Air Transportation System.’’. sition by another entity, or any other event Transportation System initiative; and (d) AUTHORIZATION OF APPROPRIATIONS.— jeopardizing the uninterrupted provision of ‘‘(iii) identify and justify as part of the Section 709(e) of such Act (117 Stat. 2584) is ADS-B services. President’s budget submission any inconsist- amended by striking ‘‘2010’’ and inserting (3) SUBMISSION TO CONGRESS.—Not later encies between the plan and amounts re- ‘‘2012’’. than 90 days after the date of enactment of quested in the budget. (e) CONTINGENCY PLANNING.—The Associate this Act, the Administrator shall submit to ‘‘(7) The Associate Administrator of the Administrator for the Next Generation Air the Committee on Transportation and Infra- Next Generation Air Transportation System Transportation System shall, as part of the structure of the House of Representatives shall be a voting member of the Joint Re- design of the System, develop contingency and the Committee on Commerce, Science, sources Council of the Federal Aviation Ad- plans for dealing with the degradation of the and Transportation of the Senate the report ministration.’’. System in the event of a natural disaster, prepared under paragraph (1). (b) INTEGRATED PLAN.—Section 709(b) of major equipment failure, or act of terrorism. (b) REQUIREMENTS OF FAA CONTRACTS FOR such Act (117 Stat. 2583) is amended— SEC. 203. NEXT GENERATION AIR TRANSPOR- ADS-B SERVICES.—Any contract entered into (1) in the matter preceding paragraph (1)— TATION SENIOR POLICY COM- by the Administrator with an entity to ac- (A) by striking ‘‘meets air’’ and inserting MITTEE. quire ADS-B services shall contain terms ‘‘meets anticipated future air’’; and (a) MEETINGS.—Section 710(a) of Vision and conditions that— (B) by striking ‘‘beyond those currently in- 100—Century of Aviation Reauthorization (1) require approval by the Administrator cluded in the Federal Aviation Administra- Act (49 U.S.C. 40101 note; 117 Stat. 2584) is before the contract may be assigned to or as- tion’s operational evolution plan’’; amended by inserting before the period at sumed by another entity, including any suc- (2) by striking ‘‘and’’ at the end of para- the end the following ‘‘and shall meet at cessor entity, subsidiary of the contractor, graph (3); least twice each year’’. or other corporate entity;

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.046 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5937

(2) provide that the assets, equipment, the Administration who are likely to be im- (2) PERIODIC REPORTS TO CONGRESS ON RE- hardware, and software used in the perform- pacted by such planning, development, and SULTS OF THE REVIEW.—The Comptroller Gen- ance of the contract be designated as critical deployment. eral shall periodically submit to the commit- national infrastructure for national security (b) PARTICIPATION.— tees referred to in paragraph (1) a report on and related purposes; (1) BARGAINING OBLIGATIONS AND RIGHTS.— the results of the review conducted under (3) require the contractor to provide con- Participation in the process described in sub- this section. tinued broadcast services for a reasonable section (a) shall not be construed as a waiver SEC. 207. GAO REVIEW OF NEXT GENERATION AIR period, as determined by the Administrator, of any bargaining obligations or rights under TRANSPORTATION SYSTEM ACQUISI- until the provision of such services can be section 40122(a)(1) or 40122(g)(2)(C) of title 49, TION AND PROCEDURES DEVELOP- transferred to another vendor or to the Gov- United States Code. MENT. ernment in the event of a termination of the (2) CAPACITY AND COMPENSATION.—Exclu- (a) STUDY.—The Comptroller General shall contract; sive collective bargaining representatives conduct a review of the progress made and (4) require the contractor to provide con- and selected employees participating in the challenges related to the acquisition of des- tinued broadcast services for a reasonable process described in subsection (a) shall— ignated technologies and the development of period, as determined by the Administrator, (A) serve in a collaborative and advisory procedures for the Next Generation Air until the provision of such services can be capacity; and Transportation System (in this section re- transferred to another vendor or to the Gov- (B) receive appropriate travel and per diem ferred to as the ‘‘NextGen System’’). ernment in the event of material non- expenses in accordance with the travel poli- (b) SPECIFIC SYSTEMS REVIEW.—The review performance, as determined by the Adminis- cies of the Administration in addition to any shall include, at a minimum, an examination trator; and regular compensation and benefits. of the acquisition costs, schedule, and other (5) permit the Government to acquire or (c) REPORT.—Not later than 180 days after relevant considerations for the following sys- utilize for a reasonable period, as determined the date of enactment of this Act, the Ad- tems: by the Administrator, the assets, equipment, ministrator shall submit to the Committee (1) En Route Automation Modernization hardware, and software necessary to ensure on Transportation and Infrastructure of the (ERAM). the continued and uninterrupted provision of House of Representatives and the Committee (2) Standard Terminal Automation Re- ADS-B services and to have ready access to on Commerce, Science, and Transportation placement System/Common Automated such assets, equipment, hardware, and soft- of the Senate a report on the implementa- Radar Terminal System (STARS/CARTS). ware through its own personnel, agents, or tion of this section. (3) Automatic Dependent Surveillance- others, if the Administrator provides reason- SEC. 206. GAO REVIEW OF CHALLENGES ASSOCI- Broadcast (ADS-B). able compensation for such acquisition or ATED WITH TRANSFORMING TO THE (4) System Wide Information Management utilization. NEXT GENERATION AIR TRANSPOR- (SWIM). TATION SYSTEM. (c) REVIEW BY DOT INSPECTOR GENERAL.— (5) Traffic Flow Management Moderniza- (a) IN GENERAL.—The Comptroller General (1) IN GENERAL.—The Inspector General of tion (TFM-M). the Department of Transportation shall con- shall conduct a review of the progress and (c) REVIEW.—The review shall include, at a duct a review concerning the Federal Avia- challenges associated with transforming the Nation’s air traffic control system into the minimum, an assessment of the progress and tion Administration’s award and oversight of challenges related to the development of any contract entered into by the Adminis- Next Generation Air Transportation System (in this section referred to as the ‘‘NextGen standards, regulations, and procedures that tration to provide ADS-B services for the na- will be necessary to implement the NextGen tional airspace system. System’’). (b) REVIEW.—The review shall include the System, including required navigation per- (2) CONTENTS.—The review shall include, at formance, area navigation, the airspace a minimum— following: (1) An evaluation of the continued imple- management program, and other programs (A) an examination of how program risks and procedures that the Comptroller General are being managed; mentation and institutionalization of the processes that are key to the ability of the identifies as relevant to the transformation (B) an assessment of expected benefits at- of the air traffic system. tributable to the deployment of ADS-B serv- Air Traffic Organization to effectively main- (d) PERIODIC REPORTS TO CONGRESS ON RE- ices, including the implementation of ad- tain management structures and systems ac- SULTS OF THE REVIEW.—The Comptroller vanced operational procedures and air-to-air quisitions procedures utilized under the cur- General shall periodically submit to the applications as well as to the extent to rent air traffic control modernization pro- Committee on Transportation and Infra- which ground radar will be retained; gram as a basis for the NextGen System. structure and the Committee on Science and (C) a determination of whether the Admin- (2) An assessment of the progress and chal- Technology of the House of Representatives istration has established sufficient mecha- lenges associated with collaboration and and the Committee on Commerce, Science, nisms to ensure that all design, acquisition, contributions of the partner agencies work- and Transportation of the Senate a report on operation, and maintenance requirements ing with the Joint Planning and Develop- the results of the review conducted under have been met by the contractor; ment Office of the Federal Aviation Admin- this section. (D) an assessment of whether the Adminis- istration (in this section referred to as the tration and any contractors are meeting ‘‘JPDO’’) in planning and implementing the SEC. 208. DOT INSPECTOR GENERAL REVIEW OF cost, schedule, and performance milestones, NextGen System. OPERATIONAL AND APPROACH PRO- CEDURES BY A THIRD PARTY. as measured against the original baseline of (3) The progress and challenges associated (a) REVIEW.—The Inspector General of the the Administration’s program for providing with coordinating government and industry Department of Transportation shall conduct ADS-B services; stakeholders in activities relating to the a review regarding the effectiveness of the (E) an assessment of whether security NextGen System, including an assessment of oversight activities conducted by the Fed- issues are being adequately addressed in the the contributions of the NextGen Institute. eral Aviation Administration in connection overall design and implementation of the (4) An assessment of planning and imple- with any agreement with or delegation of au- ADS-B system; and mentation of the NextGen System against thority to a third party for the development (F) any other matters or aspects relating established schedules, milestones, and budg- of flight procedures, including public use to contract implementation and oversight ets. procedures, for the national airspace system. that the Inspector General determines merit (5) An evaluation of the recently modified attention. organizational structure of the JPDO. (b) ASSESSMENTS.—The Inspector General shall include, at a minimum, in the review— (3) REPORTS TO CONGRESS.—The Inspector (6) An examination of transition planning General shall periodically, on at least an an- by the Air Traffic Organization and the (1) an assessment of the extent to which nual basis, submit to the Committee on JPDO. the Federal Aviation Administration is rely- Transportation and Infrastructure of the (7) Any other matters or aspects of plan- ing or intends to rely on a third party for the House of Representatives and the Committee ning and coordination of the NextGen Sys- development of new procedures and a deter- on Commerce, Science, and Transportation tem by the Federal Aviation Administration mination of whether the Administration has of the Senate a report on the results of the and the JPDO that the Comptroller General established sufficient mechanisms and staff- review conducted under this subsection. determines appropriate. ing to provide safety oversight functions, (c) REPORTS.— which may include quality assurance proc- SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION (1) REPORT TO CONGRESS ON PRIORITIES.— esses, flight checks, integration of proce- PROJECTS. Not later than one year after the date of en- dures into the National Aviation System, (a) IN GENERAL.—The Administrator of the actment of this Act, the Comptroller General and operational assessments of procedures Federal Aviation Administration shall estab- shall determine the priority of topics to be developed by third parties; and lish a process for including in the planning, reviewed under this section and report such (2) an assessment regarding whether the development, and deployment of air traffic priorities to the Committee on Transpor- Administration has sufficient existing per- control modernization projects (including tation and Infrastructure and the Committee sonnel and technical resources or mecha- the Next Generation Air Transportation Sys- on Science and Technology of the House of nisms to develop such flight procedures in a tem) and collaborating with qualified em- Representatives and the Committee on Com- safe and efficient manner to meet the de- ployees selected by each exclusive collective merce, Science, and Transportation of the mands of the national airspace system with- bargaining representative of employees of Senate. out the use of third party resources.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.046 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5938 CONGRESSIONAL RECORD — HOUSE May 21, 2009

(c) REPORT.—Not later than one year after ‘‘(D) communication, navigation, or sur- SEC. 217. FLIGHT SERVICE STATIONS. the date of enactment of this Act, the In- veillance equipment for air-to-ground or air- (a) ESTABLISHMENT OF MONITORING SYS- spector General shall submit to the Com- to-air applications;’’; TEM.—Not later than 60 days after the date of mittee on Transportation and Infrastructure (3) in subparagraph (E) (as redesignated by enactment of this Act, the Administrator of of the House of Representatives and the paragraph (1) of this section)— the Federal Aviation Administration shall Committee on Commerce, Science, and (A) by striking ‘‘another structure’’ and in- develop and implement a monitoring system Transportation of the Senate a report on the serting ‘‘any structure, equipment,’’; and for flight service specialist staffing and results of the review conducted under this (B) by striking the period at the end and training under service contracts for flight section, including the assessments described inserting ‘‘; and’’; and service stations. in subsection (b). (4) by adding at the end the following: (b) COMPONENTS.—At a minimum, the mon- itoring system shall include mechanisms to SEC. 209. EXPERT REVIEW OF ENTERPRISE AR- ‘‘(F) buildings, equipment, and systems CHITECTURE FOR NEXT GENERA- dedicated to the national airspace system.’’. monitor— TION AIR TRANSPORTATION SYS- SEC. 213. IMPROVED MANAGEMENT OF PROP- (1) flight specialist staffing plans for indi- TEM. ERTY INVENTORY. vidual facilities; (a) REVIEW.—The Administrator of the Section 40110(a)(2) is amended by striking (2) actual staffing levels for individual fa- Federal Aviation Administration shall enter ‘‘compensation’’ and inserting ‘‘compensa- cilities; into an arrangement with the National Re- tion, and the amount received shall be cred- (3) the initial and recurrent certification search Council to review the enterprise ar- ited as an offsetting collection to the ac- and training of flight service specialists on chitecture for the Next Generation Air count from which the amount was expended the safety, operational, and technological as- Transportation System. and shall remain available until expended’’. pects of flight services, including any certifi- (b) CONTENTS.—At a minimum, the review SEC. 214. CLARIFICATION TO ACQUISITION RE- cation and training necessary to meet user to be conducted under subsection (a) shall— FORM AUTHORITY. demand; and (1) highlight the technical activities, in- Section 40110(c) is amended— (4) system outages, excessive hold times, cluding human-system design, organiza- (1) by striking the semicolon at the end of dropped calls, poor quality briefings, and any tional design, and other safety and human paragraph (3) and inserting ‘‘; and’’; other safety or customer service issues under factor aspects of the system, that will be (2) by striking paragraph (4); and a contract for flight service station services. necessary to successfully transition current (3) by redesignating paragraph (5) as para- (c) REPORT TO CONGRESS.—Not later than and planned modernization programs to the graph (4). 90 days after the date of enactment of this future system envisioned by the Joint Plan- SEC. 215. ASSISTANCE TO FOREIGN AVIATION AU- Act, the Administrator shall submit to the ning and Development Office of the Adminis- THORITIES. Committee on Transportation and Infra- tration; Section 40113(e) is amended— structure of the House of Representatives (2) assess technical, cost, and schedule risk (1) in paragraph (1)— and the Committee on Commerce, Science, for the software development that will be (A) by inserting ‘‘public and private’’ be- and Transportation of the Senate a report necessary to achieve the expected benefits fore ‘‘foreign aviation authorities’’; and containing— from a highly automated air traffic manage- (B) by striking the period at the end of the (1) a description of monitoring system; ment system and the implications for ongo- first sentence and inserting ‘‘or efficiency. (2) if the Administrator determines that ing modernization projects; and The Administrator may participate in, and contractual changes or corrective actions (3) include judgments on how risks with submit offers in response to, competitions to are required for the Administration to en- automation efforts for the Next Generation provide such services and may contract with sure that the vendor under a contract for Air Transportation System can be mitigated foreign aviation authorities to provide such flight service station services provides safe based on the experiences of other public or services consistent with section 106(l)(6). and high quality service to consumers, a de- private entities in developing complex, soft- Notwithstanding any other provision of law scription of the changes or actions required; ware-intensive systems. or policy, the Administrator may accept and (3) a description of the contingency plans (c) REPORT.—Not later than one year after payments received under this subsection in the date of enactment of this Act, the Ad- arrears.’’; and of the Administrator and the protections ministrator shall submit to Congress a re- (2) in paragraph (3) by striking ‘‘credited’’ that the Administrator will have in place to port containing the results of the review and all that follows through the period at provide uninterrupted flight service station conducted pursuant to subsection (a). the end and inserting ‘‘credited as an offset- services in the event of— (A) material non-performance of the con- SEC. 210. NEXTGEN TECHNOLOGY TESTBED. ting collection to the account from which the expenses were incurred in providing such tract; Of amounts appropriated under section (B) a vendor’s default, bankruptcy, or ac- 48101(a) of title 49, United States Code, the services and shall remain available until ex- pended.’’. quisition by another entity; or Administrator of the Federal Aviation Ad- (C) any other event that could jeopardize ministration shall use such sums as may be SEC. 216. FRONT LINE MANAGER STAFFING. (a) STUDY.—Not later than 90 days after the uninterrupted provision of flight service necessary for each of the fiscal years 2009 station services. through 2012 to contribute to the establish- the date of enactment of this Act, the Ad- ministrator of the Federal Aviation Admin- SEC. 218. NEXTGEN RESEARCH AND DEVELOP- ment by a public-private partnership (includ- MENT CENTER OF EXCELLENCE. ing a university component with significant istration shall initiate a study on front line manager staffing requirements in air traffic (a) ESTABLISHMENT.—Of the amount appro- aviation expertise in air traffic management, priated under section 48101(a) of title 49, simulation, meteorology, and engineering control facilities. (b) CONSIDERATIONS.—In conducting the United States Code, the Administrator of the and aviation business) an airport-based test- study, the Administrator shall take into Federal Aviation Administration shall use ing site for existing Next Generation Air consideration— such sums as may be necessary for each of Transport System technologies. The Admin- (1) the number of supervisory positions of fiscal years 2009 through 2012 to contribute istrator shall ensure that next generation air operation requiring watch coverage in each to the establishment of a center of excel- traffic control integrated systems developed air traffic control facility; lence for the research and development of by private industries are installed at the site (2) coverage requirements in relation to Next Generation Air Transportation System for demonstration, operational research, and traffic demand; technologies. evaluation by the Administration. The test- (3) facility type; (b) FUNCTIONS.—The center established ing site shall serve a mix of general aviation (4) complexity of traffic and managerial re- under subsection (a) shall— and commercial traffic. sponsibilities; (1) leverage the centers of excellence pro- SEC. 211. CLARIFICATION OF AUTHORITY TO (5) proficiency and training requirements; gram of the Federal Aviation Administra- ENTER INTO REIMBURSABLE and tion, as well as other resources and partner- AGREEMENTS. (6) such other factors as the Administrator ships, to enhance the development of Next Section 106(m) is amended in the last sen- considers appropriate. Generation Air Transportation System tech- tence by inserting ‘‘with or’’ before ‘‘without (c) DETERMINATIONS.—The Administrator nologies within academia and industry; and reimbursement’’. shall transmit any determinations made as a (2) provide educational, technical, and ana- SEC. 212. DEFINITION OF AIR NAVIGATION FACIL- result of the study to the Chief Operating Of- lytical assistance to the Federal Aviation ITY. ficer for the air traffic control system. Administration and other Federal agencies Section 40102(a)(4) is amended— (d) REPORT.—Not later than one year after with responsibilities to research and develop (1) by redesignating subparagraph (D) as the date of enactment of this Act, the Ad- Next Generation Air Transportation System subparagraph (E); ministrator shall submit to the Committee technologies. (2) by striking subparagraphs (B) and (C) on Transportation and Infrastructure of the SEC. 219. AIRSPACE REDESIGN. and inserting the following: House of Representatives and the Committee (a) FINDINGS.—Congress finds the fol- ‘‘(B) runway lighting and airport surface on Commerce, Science, and Transportation lowing: visual and other navigation aids; of the Senate a report on the results of the (1) The airspace redesign efforts of the Fed- ‘‘(C) aeronautical and meteorological in- study and a description of any determina- eral Aviation Administration will play a formation to air traffic control facilities or tions submitted to the Chief Operating Offi- critical near-term role in enhancing capac- aircraft; cer under subsection (c). ity, reducing delays, transitioning to more

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.046 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5939 flexible routing, and ultimately saving specifications for the entire aircraft, engine, pilot licenses consistent with the require- money in fuel costs for airlines and airspace propeller, or appliance or change to the air- ments of title 49, United States Code, and users. craft, engine, propeller, or appliance, includ- title 14, Code of Federal Regulations. (2) The critical importance of airspace re- ing the original design data, and any associ- (b) REQUIREMENTS.—Improved pilots li- design efforts is underscored by the fact that ated supplier data for individual parts or censes issued under subsection (a) shall— they are highlighted in strategic plans of the components approved as part of the par- (1) be resistant to tampering, alteration, Administration, including Flight Plan 2009– ticular certificate for the aircraft engine, and counterfeiting; 2013 and the document known as the propeller, or appliance.’’. (2) include a photograph of the individual ‘‘NextGen Implementation Plan’’. (b) DESIGN ORGANIZATION CERTIFICATES.— to whom the license is issued; and (3) Funding cuts have led to delays and de- Section 44704(e)(1) is amended by striking (3) be capable of accommodating a digital ferrals of critical capacity enhancing air- ‘‘Beginning 7 years after the date of enact- photograph, a biometric identifier, or any space redesign efforts. ment of this subsection,’’ and inserting ‘‘Be- other unique identifier that the Adminis- (4) Several new runways planned for the ginning January 1, 2014,’’. trator considers necessary. period of fiscal years 2009 to 2012 will not SEC. 303. INSPECTION OF FOREIGN REPAIR STA- (c) TAMPERING.—To the extent practical, provide estimated capacity benefits without TIONS. the Administrator shall develop methods to additional funds. (a) IN GENERAL.—Chapter 447 is amended determine or reveal whether any component (b) AUTHORIZATION OF APPROPRIATIONS.—In by adding at the end the following: or security feature of a license issued under addition to amounts authorized by section ‘‘§ 44730. Inspection of foreign repair stations subsection (a) has been tampered, altered, or 106(k) of title 49, United States Code, there counterfeited. ‘‘Not later than one year after the date of are authorized to be appropriated to the Ad- (d) USE OF DESIGNEES.—The Administrator ministrator of the Federal Aviation Admin- enactment of this section, and annually may use designees to carry out subsection istration $14,500,000 for fiscal year 2009 and thereafter, the Administrator of the Federal (a) to the extent feasible in order to mini- $20,000,000 for each of fiscal years 2010, 2011, Aviation Administration shall— mize the burdens on pilots. ‘‘(1) submit to Congress a certification that and 2012 to carry out such airspace redesign (e) REPORT.—Not later than 9 months after initiatives as the Administrator determines each foreign repair station that is certified the date of enactment of this Act and every appropriate. by the Administrator under part 145 of title 6 months thereafter until September 30, 2012, 14, Code of Federal Regulations, and per- (c) ADDITIONAL AMOUNTS.—Of the amounts the Administrator shall submit to the Com- appropriated under section 48101(a) of such forms work on air carrier aircraft or compo- mittee on Transportation and Infrastructure title, the Administrator may use $5,000,000 nents has been inspected by safety inspectors of the House of Representatives and the for each of fiscal years 2009, 2010, 2011, and of the Administration not fewer than 2 times Committee on Commerce, Science, and 2012 to carry out such airspace redesign ini- in the preceding calendar year; and Transportation of the Senate a report on the tiatives as the Administrator determines ap- ‘‘(2) modify the certification requirements issuance of improved pilot licenses under propriate. under such part to include testing for the use this section. of alcohol or a controlled substance in ac- TITLE III—SAFETY cordance with section 45102 of any individual SEC. 306. FLIGHT CREW FATIGUE. Subtitle A—General Provisions performing a safety-sensitive function at a (a) IN GENERAL.—Not later than 3 months SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIR- foreign aircraft repair station, including an after the date of enactment of this Act, the MAN CERTIFICATES. individual working at a station of a third- Administrator of the Federal Aviation Ad- (a) JUDICIAL REVIEW OF NTSB DECISIONS.— party with whom an air carrier contracts to ministration shall conclude arrangements Section 44703(d) is amended by adding at the perform work on air carrier aircraft or com- with the National Academy of Sciences for a end the following: ponents.’’. study of pilot fatigue. ‘‘(3) JUDICIAL REVIEW.—A person who is (b) CLERICAL AMENDMENT.—The analysis (b) STUDY.—The study shall include consid- substantially affected by an order of the for such chapter is amended by adding at the eration of— Board under this subsection, or the Adminis- end the following: (1) research on pilot fatigue, sleep, and cir- cadian rhythms; trator if the Administrator decides that an ‘‘44730. Inspection of foreign repair sta- (2) sleep and rest requirements of pilots order of the Board will have a significant ad- tions.’’. verse impact on carrying out this subtitle, recommended by the National Aeronautics SEC. 304. RUNWAY SAFETY. may seek judicial review of the order under and Space Administration and the National (a) STRATEGIC RUNWAY SAFETY PLAN.— section 46110. The Administrator shall be Transportation Safety Board; and (1) IN GENERAL.—Not later than 6 months made a party to the judicial review pro- (3) Federal Aviation Administration and after the date of enactment of this Act, the ceedings. The findings of fact of the Board in international standards regarding flight lim- Administrator of the Federal Aviation Ad- any such case are conclusive if supported by itations and rest for pilots. ministration shall develop and submit to substantial evidence.’’. (c) REPORT.—Not later than 18 months Congress a report containing a strategic run- (b) CONFORMING AMENDMENT.—Section after initiating the study, the National 1153(c) is amended by striking ‘‘section 44709 way safety plan. Academy of Sciences shall submit to the Ad- ONTENTS OF PLAN.—The strategic run- or’’ and inserting ‘‘section 44703(d), 44709, (2) C ministrator a report containing its findings way safety plan— or’’. and recommendations regarding the study (A) shall include, at a minimum— under subsections (a) and (b), including rec- SEC. 302. RELEASE OF DATA RELATING TO ABAN- (i) goals to improve runway safety; DONED TYPE CERTIFICATES AND ommendations with respect to Federal Avia- SUPPLEMENTAL TYPE CERTIFI- (ii) near- and longer-term actions designed tion Administration regulations governing CATES. to reduce the severity, number, and rate of flight time limitations and rest require- (a) RELEASE OF DATA.—Section 44704(a) is runway incursions; ments for pilots. amended by adding at the end the following: (iii) timeframes and resources needed for (d) RULEMAKING.—After the Administrator ‘‘(5) RELEASE OF DATA.— the actions described in clause (ii); and receives the report of the National Academy ‘‘(A) IN GENERAL.—Notwithstanding any (iv) a continuous evaluative process to of Sciences, the Administrator shall consider other provision of law, the Administrator track performance toward the goals referred the findings in the report and update as ap- may make available upon request to a person to in clause (i); and propriate based on scientific data Federal seeking to maintain the airworthiness of an (B) shall address the increased runway Aviation Administration regulations gov- aircraft, engine, propeller, or appliance, en- safety risk associated with the expected in- erning flight time limitations and rest re- gineering data in the possession of the Ad- creased volume of air traffic. quirements for pilots. ministration relating to a type certificate or (b) PLAN FOR INSTALLATION AND DEPLOY- (e) FLIGHT ATTENDANT FATIGUE.— a supplemental type certificate for such air- MENT OF SYSTEMS TO PROVIDE ALERTS OF PO- (1) STUDY.—The Administrator, acting craft, engine, propeller, or appliance, with- TENTIAL RUNWAY INCURSIONS.—Not later than through the Civil Aerospace Medical Insti- out the consent of the owner of record, if the December 31, 2009, the Administrator of the tute, shall conduct a study on the issue of Administrator determines that— Federal Aviation Administration shall sub- flight attendant fatigue. ‘‘(i) the certificate containing the re- mit to Congress a report containing a plan (2) CONTENTS.—The study shall include the quested data has been inactive for 3 or more for the installation and deployment of sys- following: years; tems the Administration is installing to (A) A survey of field operations of flight ‘‘(ii) after using due diligence, the Admin- alert controllers or flight crews, or both, of attendants. istrator is unable to find the owner of record, potential runway incursions. The plan shall (B) A study of incident reports regarding or the owner of record’s heir, of the type cer- be integrated into the annual NextGen Im- flight attendant fatigue. tificate or supplemental certificate; and plementation Plan document of the Adminis- (C) Field research on the effects of such fa- ‘‘(iii) making such data available will en- tration or any successor document. tigue. hance aviation safety. SEC. 305. IMPROVED PILOT LICENSES. (D) A validation of models for assessing ‘‘(B) ENGINEERING DATA DEFINED.—In this (a) IN GENERAL.—Not later than 6 months flight attendant fatigue. section, the term ‘engineering data’ as used after the date of enactment of this Act, the (E) A review of international policies and with respect to an aircraft, engine, propeller, Administrator of the Federal Aviation Ad- practices regarding flight limitations and or appliance means type design drawing and ministration shall begin to issue improved rest of flight attendants.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.046 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5940 CONGRESSIONAL RECORD — HOUSE May 21, 2009 (F) An analysis of potential benefits of of air carrier programs implemented under (B) works under the direct supervision and training flight attendants regarding fatigue. this section. control of the part 145 repair station or part (3) REPORT.—Not later than June 30, 2010, ‘‘(g) CONSULTATION.—In developing regula- 121 air carrier; and the Administrator shall submit to Congress tions under this section, the Administrator (C) carries out the work in accordance with a report on the results of the study. shall consult with the Administrator of the the part 121 air carrier’s maintenance man- (f) AUTHORIZATION OF APPROPRIATIONS.— Occupational Safety and Health Administra- ual and, if applicable, the part 145 certificate There are authorized to be appropriated such tion, labor organizations representing flight holder’s repair station and quality control sums as may be necessary to carry out this attendants, air carriers, and other interested manuals. section. persons. (c) PLAN.— SEC. 307. OCCUPATIONAL SAFETY AND HEALTH ‘‘(h) SAFETY PRIORITY.—In developing and (1) DEVELOPMENT.—The Administrator STANDARDS FOR FLIGHT ATTEND- implementing regulations under this section, shall develop a plan to— ANTS ON BOARD AIRCRAFT. the Administrator shall give priority to the (A) require air carriers to identify and pro- (a) IN GENERAL.—Chapter 447 (as amended safe operation and maintenance of an air- vide to the Administrator a complete listing by section 303 of this Act) is further amended craft. of all noncertificated maintenance providers by adding at the end the following: ‘‘(i) FLIGHT ATTENDANT DEFINED.—In this that perform, before the effective date of the ‘‘§ 44731. Occupational safety and health section, the term ‘flight attendant’ has the regulations to be issued under subsection (a), standards for flight attendants on board meaning given that term by section 44728. covered maintenance work on aircraft used aircraft ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— to provide air transportation under part 121 There is authorized to be appropriated such of title 14, Code of Federal Regulations; ‘‘(a) IN GENERAL.—The Administrator of sums as may be necessary to carry out this (B) validate the lists that air carriers pro- the Federal Aviation Administration shall section. Such sums shall remain available vide under subparagraph (A) by sampling air prescribe and enforce standards and regula- until expended.’’. carrier records, such as maintenance activ- tions to ensure the occupational safety and (b) CLERICAL AMENDMENT.—The analysis ity reports and general vendor listings; and health of individuals serving as flight at- for chapter 447 is amended by adding at the (C) include surveillance and oversight by tendants in the cabin of an aircraft of an air end the following: field inspectors of the Federal Aviation Ad- carrier. ministration for all noncertificated mainte- ‘‘(b) STANDARDS AND REGULATIONS.—Stand- ‘‘44731. Occupational safety and health stand- nance providers that perform covered main- ards and regulations issued under this sec- ards for flight attendants on tenance work on aircraft used to provide air tion shall require each air carrier operating board aircraft.’’. transportation in accordance with such part an aircraft in air transportation— SEC. 308. AIRCRAFT SURVEILLANCE IN MOUN- 121. ‘‘(1) to provide for an environment in the TAINOUS AREAS. (2) REPORT TO CONGRESS.—Not later than 6 cabin of the aircraft that is free from haz- (a) ESTABLISHMENT.—The Administrator of months after the date of enactment of this ards that could cause physical harm to a the Federal Aviation Administration may es- Act, the Administrator shall transmit to flight attendant working in the cabin; and tablish a pilot program to improve safety Congress a report containing the plan devel- ‘‘(2) to meet minimum standards for the and efficiency by providing surveillance for oped under paragraph (1). occupational safety and health of flight at- aircraft flying outside of radar coverage in mountainous areas. (d) DEFINITIONS.—In this section, the fol- tendants who work in the cabin of the air- lowing definitions apply: craft. (b) AUTHORIZATION OF APPROPRIATIONS.— (1) COVERED MAINTENANCE WORK.—The term ‘‘(c) RULEMAKING.—In carrying out this There is authorized to be appropriated such ‘‘covered maintenance work’’ means mainte- section, the Administrator shall conduct a sums as may be necessary to carry out this nance work that is essential, regularly rulemaking proceeding to address, at a min- section. Such sums shall remain available scheduled, or a required inspection item, as imum, the following areas: until expended. determined by the Administrator. ‘‘(1) Record keeping. SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIR- (2) PART 121 AIR CARRIER.—The term ‘‘part ‘‘(2) Blood borne pathogens. CRAFT WEATHER OBSERVATION 121 air carrier’’ means an air carrier that ‘‘(3) Noise. TECHNOLOGY. holds a certificate issued under part 121 of ‘‘(4) Sanitation. (a) STUDY.—The Administrator of the Fed- title 14, Code of Federal Regulations. ‘‘(5) Hazard communication. eral Aviation Administration shall conduct a (3) PART 145 REPAIR STATION.—The term ‘‘(6) Anti-discrimination. review of off-airport, low-altitude aircraft ‘‘part 145 repair station’’ means a repair sta- ‘‘(7) Access to employee exposure and med- weather observation technologies. tion that holds a certificate issued under ical records. (b) SPECIFIC REVIEW.—The review shall in- part 145 of title 14, Code of Federal Regula- ‘‘(8) Temperature standards for the aircraft clude, at a minimum, an examination of off- tions. cabin. airport, low-altitude weather reporting (4) NONCERTIFICATED MAINTENANCE PRO- ‘‘(d) REGULATIONS.— needs, an assessment of technical alter- VIDER.—The term ‘‘noncertificated mainte- ‘‘(1) DEADLINE.—Not later than 3 years natives (including automated weather obser- nance provider’’ means a maintenance pro- after the date of enactment of this section, vation stations), an investment analysis, and vider that does not hold a certificate issued the Administrator shall issue final regula- recommendations for improving weather re- under part 121 or part 145 of title 14 Code of tions to carry out this section. porting. Federal Regulations. ‘‘(2) CONTENTS.—Regulations issued under (c) REPORT.—Not later than one year after (e) AUTHORIZATION OF APPROPRIATIONS.— the date of enactment of this Act, the Ad- this subsection shall address each of the There is authorized to be appropriated such ministrator shall submit to Congress a re- issues identified in subsection (c) and others sums as may be necessary for the Adminis- port containing the results of the review. aspects of the environment of an aircraft trator to hire additional field safety inspec- cabin that may cause illness or injury to a SEC. 310. NONCERTIFICATED MAINTENANCE tors to ensure adequate and timely inspec- flight attendant working in the cabin. PROVIDERS. tion of maintenance providers that perform ‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA- (a) ISSUANCE OF REGULATIONS.—Not later covered maintenance work. than 3 years after the date of enactment of TIONAL SAFETY AND HEALTH HAZARDS.—Regu- SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING lations issued under this subsection shall set this Act, the Administrator of the Federal STANDARDS. forth clearly the circumstances under which Aviation Administration shall issue regula- (a) RULEMAKING PROCEEDING.—Not later an air carrier is required to take action to tions requiring that all covered maintenance than 180 days after the date of enactment of address occupational safety and health haz- work on aircraft used to provide air trans- this Act, the Administrator of the Federal ards. portation under part 121 of title 14, Code of Aviation Administration shall initiate a ‘‘(e) ADDITIONAL RULEMAKING PRO- Federal Regulations, be performed by indi- rulemaking proceeding for the purpose of CEEDINGS.—After issuing regulations under viduals in accordance with subsection (b). issuing a proposed and final rule that revises subsection (c), the Administrator may con- (b) PERSONS AUTHORIZED TO PERFORM CER- the aircraft rescue and firefighting standards duct additional rulemaking proceedings as TAIN WORK.—Covered maintenance work for (‘‘ARFF’’) under part 139 of title 14, Code of the Administrator determines appropriate to a part 121 air carrier shall only be performed Federal Regulations, to improve the protec- carry out this section. by— tion of the traveling public, other persons, ‘‘(f) OVERSIGHT.— (1) an individual employed by the air car- aircraft, buildings, and the environment ‘‘(1) CABIN OCCUPATIONAL SAFETY AND rier; from fires and hazardous materials incidents. HEALTH INSPECTORS.—The Administrator (2) an individual employed by another part (b) CONTENTS OF PROPOSED AND FINAL shall establish the position of Cabin Occupa- 121 air carrier; RULE.—The proposed and final rule to be tional Safety and Health Inspector within (3) an individual employed by a part 145 re- issued under subsection (a) shall address the the Federal Aviation Administration and pair station; or following: shall employ individuals with appropriate (4) an individual employed by a company (1) The mission of aircraft rescue and fire- qualifications and expertise to serve in the that provides contract maintenance workers fighting personnel, including responsibilities position. to a part 145 repair station or part 121 air for passenger egress in the context of other ‘‘(2) RESPONSIBILITIES.—Inspectors em- carrier, if the individual— Administration requirements. ployed under this subsection shall be solely (A) meets the requirements of the part 145 (2) The proper level of staffing. responsible for conducting proper oversight repair station or the part 121 air carrier; (3) The timeliness of a response.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5941

(4) The handling of hazardous materials in- is submitted to Congress under subsection (5) TEST RANGE.—The term ‘‘test range’’ cidents at airports. (a)(4), the Administrator of the Federal Avia- means a defined geographic area where re- (5) Proper vehicle deployment. tion Administration shall publish in the Fed- search and development are conducted. (6) The need for equipment modernization. eral Register a notice of proposed rule- (6) UNMANNED AIRCRAFT.—The term ‘‘un- (c) CONSISTENCY WITH VOLUNTARY CON- making to implement the recommendations manned aircraft’’ means an aircraft that is SENSUS STANDARDS.—The proposed and final of the integration plan. operated without the possibility of direct rule issued under subsection (a) shall be, to (c) AUTHORIZATION.—There are authorized human intervention from within or on the the extent practical, consistent with na- to be appropriated such sums as may be nec- aircraft. tional voluntary consensus standards for air- essary to carry out this section. (7) UNMANNED AIRCRAFT SYSTEM.—The term craft rescue and firefighting services at air- SEC. 322. SPECIAL RULES FOR CERTAIN UN- ‘‘unmanned aircraft system’’ means an un- ports. MANNED AIRCRAFT SYSTEMS. manned aircraft and associated elements (d) ASSESSMENTS OF POTENTIAL IMPACTS.— (such as communication links and a ground (a) IN GENERAL.—Notwithstanding the re- In the rulemaking proceeding initiated quirements of sections 321 and 323, and not control station) that are required to operate under subsection (a), the Administrator shall later than 6 months after the date of enact- safely and efficiently in the national air- assess the potential impact of any revisions ment of this Act, the Secretary shall deter- space system. to the firefighting standards on airports and mine if certain unmanned aircraft systems Subtitle C—Safety and Protections air transportation service. may operate safely in the national airspace (e) INCONSISTENCY WITH STANDARDS.—If the system before completion of the plan and SEC. 331. AVIATION SAFETY WHISTLEBLOWER IN- proposed or final rule issued under sub- VESTIGATION OFFICE. rulemaking required by section 321 or the section (a) is not consistent with national guidance required by section 323. Section 106 of title 49, United States Code, voluntary consensus standards for aircraft is amended by adding at the end the fol- (b) ASSESSMENT OF UNMANNED AIRCRAFT rescue and firefighting services at airports, lowing: SYSTEMS.—In making the determination the Administrator shall submit to the Office ‘‘(s) AVIATION SAFETY WHISTLEBLOWER IN- of Management and Budget an explanation of under subsection (a), the Secretary shall de- termine, at a minimum— VESTIGATION OFFICE.— the reasons for such inconsistency in accord- ‘‘(1) ESTABLISHMENT.—There is established ance with section 12(d) of the National Tech- (1) which types of unmanned aircraft sys- tems, if any, as a result of their size, weight, in the Federal Aviation Administration (in nology Transfer and Advancement Act of this section referred to as the ‘Agency’) an 1995 (15 U.S.C. 272 note; 110 Stat. 783). speed, operational capability, proximity to airports and population areas, and operation Aviation Safety Whistleblower Investigation (f) FINAL RULE.—Not later than 24 months within visual line-of-sight do not create a Office (in this subsection referred to as the after the date of enactment of this Act, the ‘Office’). Administrator shall issue the final rule re- hazard to users of the national airspace sys- ‘‘(2) DIRECTOR.— quired by subsection (a). tem or the public or pose a threat to na- tional security; and ‘‘(A) APPOINTMENT.—The head of the Office Subtitle B—Unmanned Aircraft Systems (2) whether a certificate of authorization shall be the Director, who shall be appointed SEC. 321. COMMERCIAL UNMANNED AIRCRAFT or an airworthiness certification under sec- by the Secretary of Transportation. SYSTEMS INTEGRATION PLAN. tion 44704 of title 49, United States Code, is ‘‘(B) QUALIFICATIONS.—The Director shall (a) INTEGRATION PLAN.— required for the operation of unmanned air- have a demonstrated ability in investiga- (1) COMPREHENSIVE PLAN.—Not later than 9 craft systems identified under paragraph (1). tions and knowledge of or experience in avia- months after the date of enactment of this (c) REQUIREMENTS FOR SAFE OPERATION.—If tion. Act, the Secretary, in consultation with rep- the Secretary determines under this section ‘‘(C) TERM.—The Director shall be ap- resentatives of the aviation industry, shall that certain unmanned aircraft systems may pointed for a term of 5 years. develop a comprehensive plan to safely inte- operate safely in the national airspace sys- ‘‘(D) VACANCY.—Any individual appointed grate commercial unmanned aircraft sys- tem, the Secretary shall establish require- to fill a vacancy in the position of the Direc- tems into the national airspace system. ments for the safe operation of such aircraft tor occurring before the expiration of the (2) MINIMUM REQUIREMENTS.—In developing systems in the national airspace system. term for which the individual’s predecessor the plan under paragraph (1), the Secretary was appointed shall be appointed for the re- shall, at a minimum— SEC. 323. PUBLIC UNMANNED AIRCRAFT SYS- mainder of that term. TEMS. (A) review technologies and research that ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— Not later than 9 months after the date of will assist in facilitating the safe integration ‘‘(A) AUTHORITY OF DIRECTOR.—The Direc- of commercial unmanned aircraft systems enactment of this Act, the Secretary shall tor shall— into the national airspace system; issue guidance regarding the operation of ‘‘(i) receive complaints and information (B) provide recommendations or projec- public unmanned aircraft systems to— submitted by employees of persons holding tions for the rulemaking to be conducted (1) expedite the issuance of a certificate of certificates issued under title 14, Code of under subsection (b) to— authorization process; Federal Regulations, and employees of the (i) define the acceptable standards for op- (2) provide for a collaborative process with Agency concerning the possible existence of erations and certification of commercial un- public agencies to allow for an incremental an activity relating to a violation of an manned aircraft systems; expansion of access to the national airspace order, regulation, or standard of the Agency (ii) ensure that any commercial unmanned system as technology matures and the nec- or any other provision of Federal law relat- aircraft system includes a detect, sense, and essary safety analysis and data become ing to aviation safety; avoid capability; and available and until standards are completed ‘‘(ii) assess complaints and information (iii) develop standards and requirements and technology issues are resolved; and submitted under clause (i) and determine for the operator, pilot, and programmer of a (3) facilitate the capability of public agen- whether a substantial likelihood exists that commercial unmanned aircraft system, in- cies to develop and use test ranges, subject a violation of an order, regulation, or stand- cluding standards and requirements for reg- to operating restrictions required by the ard of the Agency or any other provision of istration and licensing; Federal Aviation Administration, to test and Federal law relating to aviation safety may (C) recommend how best to enhance the operate unmanned aircraft systems. have occurred; and technologies and subsystems necessary to ef- SEC. 324. DEFINITIONS. ‘‘(iii) based on findings of the assessment fect the safe and routine operations of com- In this subtitle, the following definitions conducted under clause (ii), make rec- mercial unmanned aircraft systems in the apply: ommendations to the Administrator in writ- national airspace system; and (1) CERTIFICATE OF AUTHORIZATION.—The ing for further investigation or corrective (D) recommend how a phased-in approach term ‘‘certificate of authorization’’ means a actions. to the integration of commercial unmanned Federal Aviation Administration grant of ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di- aircraft systems into the national airspace approval for a specific flight operation. rector shall not disclose the identity of an system can best be achieved and a timeline (2) DETECT, SENSE, AND AVOID CAPABILITY.— individual who submits a complaint or infor- upon which such a phase-in shall occur. The term ‘‘detect, sense, and avoid capa- mation under subparagraph (A)(i) unless— (3) DEADLINE.—The plan to be developed bility’’ means the technical capability to ‘‘(i) the individual consents to the disclo- under paragraph (1) shall provide for the safe perform separation assurance and collision sure in writing; or integration of commercial unmanned air- avoidance, as defined by the Federal Avia- ‘‘(ii) the Director determines, in the course craft systems into the national airspace sys- tion Administration. of an investigation, that the disclosure is un- tem as soon as possible, but not later than (3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— avoidable. September 30, 2013. The term ‘‘public unmanned aircraft sys- ‘‘(C) INDEPENDENCE OF DIRECTOR.—The Sec- (4) REPORT TO CONGRESS.—Not later than tem’’ means an unmanned aircraft system retary, the Administrator, or any officer or one year after the date of enactment of this that meets the qualifications and conditions employee of the Agency may not prevent or Act, the Secretary shall submit to Congress required for operation of a public aircraft, as prohibit the Director from initiating, car- a copy of the plan developed under paragraph defined by section 40102 of title 49, United rying out, or completing any assessment of a (1). States Code. complaint or information submitted sub- (b) RULEMAKING.—Not later than 18 months (4) SECRETARY.—The term ‘‘Secretary’’ paragraph (A)(i) or from reporting to Con- after the date on which the integration plan means the Secretary of Transportation. gress on any such assessment.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5942 CONGRESSIONAL RECORD — HOUSE May 21, 2009

‘‘(D) ACCESS TO INFORMATION.—In con- (b) MODIFICATION OF INITIATIVE.—Not later (d) AUTHORIZATION OF APPROPRIATIONS.— ducting an assessment of a complaint or in- than 90 days after the date of enactment of There are authorized to be appropriated to formation submitted under subparagraph this Act, the Administrator of the Federal the Administrator such sums as may be nec- (A)(i), the Director shall have access to all Aviation Administration shall modify the essary to carry out this section. records, reports, audits, reviews, documents, customer service initiative, mission and vi- SEC. 335. HEADQUARTERS REVIEW OF AIR papers, recommendations, and other mate- sion statements, and other statements of TRANSPORTATION OVERSIGHT SYS- rial necessary to determine whether a sub- policy of the Agency— TEM DATABASE. stantial likelihood exists that a violation of (1) to remove any reference to air carriers (a) REVIEWS.—The Administrator of the an order, regulation, or standard of the or other entities regulated by the Agency as Federal Aviation Administration shall estab- Agency or any other provision of Federal law ‘‘customers’’; lish a process by which the air transpor- relating to aviation safety may have oc- (2) to clarify that in regulating safety the tation oversight system database of the Fed- curred. only customers of the Agency are individuals eral Aviation Administration (in this section ‘‘(4) RESPONSES TO RECOMMENDATIONS.—The traveling on aircraft; and referred to as the ‘‘Agency’’) is reviewed by Administrator shall respond to a rec- (3) to clarify that air carriers and other en- a team of employees of the Agency on a ommendation made by the Director under tities regulated by the Agency do not have monthly basis to ensure that— subparagraph (A)(iii) in writing and retain the right to select the employees of the (1) any trends in regulatory compliance are records related to any further investigations Agency who will inspect their operations. identified; and or corrective actions taken in response to (c) SAFETY PRIORITY.—In carrying out the (2) appropriate corrective actions are the recommendation. Administrator’s responsibilities, the Admin- taken in accordance with Agency regula- istrator shall ensure that safety is given a ‘‘(5) INCIDENT REPORTS.—If the Director de- tions, advisory directives, policies, and pro- termines there is a substantial likelihood higher priority than preventing the dis- cedures. that a violation of an order, regulation, or satisfaction of an air carrier or other entity (b) MONTHLY TEAM REPORTS.— regulated by the Agency with an employee of standard of the Agency or any other provi- (1) IN GENERAL.—The team of employees the Agency. sion of Federal law relating to aviation safe- conducting a monthly review of the air ty may have occurred that requires imme- SEC. 333. POST-EMPLOYMENT RESTRICTIONS transportation oversight system database FOR FLIGHT STANDARDS INSPEC- under subsection (a) shall submit to the Ad- diate corrective action, the Director shall re- TORS. port the potential violation expeditiously to ministrator, the Associate Administrator for (a) IN GENERAL.—Section 44711 of title 49, Aviation Safety, and the Director of Flight the Administrator and the Inspector General United States Code, is amended by adding at of the Department of Transportation. Standards a report on the results of the re- the end the following: view. ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR (2) CONTENTS.—A report submitted under INSPECTOR GENERAL.—If the Director has rea- FLIGHT STANDARDS INSPECTORS.— paragraph (1) shall identify— sonable grounds to believe that there has ‘‘(1) PROHIBITION.—A person holding an op- (A) any trends in regulatory compliance been a violation of Federal criminal law, the erating certificate issued under title 14, Code discovered by the team of employees in con- Director shall report the violation expedi- of Federal Regulations, may not knowingly ducting the monthly review; and tiously to the Inspector General. employ, or make a contractual arrangement (B) any corrective actions taken or pro- ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not which permits, an individual to act as an posed to be taken in response to the trends. later than October 1 of each year, the Direc- agent or representative of the certificate (c) QUARTERLY REPORTS TO CONGRESS.—The tor shall submit to Congress a report con- holder in any matter before the Federal Administrator, on a quarterly basis, shall taining— Aviation Administration (in this subsection submit to the Committee on Transportation ‘‘(A) information on the number of submis- referred to as the ‘Agency’) if the individual, and Infrastructure of the House of Rep- sions of complaints and information received in the preceding 2-year period— resentatives and the Committee on Com- by the Director under paragraph (3)(A)(i) in ‘‘(A) served as, or was responsible for over- merce, Science, and Transportation of the the preceding 12-month period; sight of, a flight standards inspector of the Senate a report on the results of reviews of ‘‘(B) summaries of those submissions; Agency; and the air transportation oversight system ‘‘(C) summaries of further investigations ‘‘(B) had responsibility to inspect, or over- database conducted under this section, in- and corrective actions recommended in re- see inspection of, the operations of the cer- cluding copies of reports received under sub- sponse to the submissions; and tificate holder. section (b). ‘‘(D) summaries of the responses of the Ad- ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— ministrator to such recommendations.’’. SEC. 336. IMPROVED VOLUNTARY DISCLOSURE For purposes of paragraph (1), an individual REPORTING SYSTEM. shall be considered to be acting as an agent SEC. 332. MODIFICATION OF CUSTOMER SERVICE (a) VOLUNTARY DISCLOSURE REPORTING INITIATIVE. or representative of a certificate holder in a PROGRAM DEFINED.—In this section, the term (a) FINDINGS.—Congress finds the fol- matter before the Agency if the individual ‘‘Voluntary Disclosure Reporting Program’’ lowing: makes any written or oral communication means the program established by the Fed- (1) Subsections (a) and (d) of section 40101 on behalf of the certificate holder to the eral Aviation Administration through Advi- of title 49, United States Code, directs the Agency (or any of its officers or employees) sory Circular 00–58A, dated September 8, Federal Aviation Administration (in this in connection with a particular matter, 2006, including any subsequent revisions section referred to as the ‘‘Agency’’) to make whether or not involving a specific party and thereto. safety its highest priority. without regard to whether the individual has (b) VERIFICATION.—The Administrator of (2) In 1996, to ensure that there would be no participated in, or had responsibility for, the the Federal Aviation Administration shall appearance of a conflict of interest for the particular matter while serving as a flight modify the Voluntary Disclosure Reporting Agency in carrying out its safety respon- standards inspector of the Agency.’’. Program to require inspectors to— sibilities, Congress amended section 40101(d) (b) APPLICABILITY.—The amendment made (1) verify that air carriers implement com- of such title to remove the responsibilities of by subsection (a) shall not apply to an indi- prehensive solutions to correct the under- the Agency to promote airlines. vidual employed by a certificate holder as of lying causes of the violations voluntarily the date of enactment of this Act. (3) Despite these directives from Congress disclosed by such air carriers; and regarding the priority of safety, the Agency SEC. 334. ASSIGNMENT OF PRINCIPAL SUPER- (2) confirm, before approving a final report VISORY INSPECTORS. issued a vision statement in which it stated of a violation, that the violation, or another (a) IN GENERAL.—An individual serving as a that it has a ‘‘vision’’ of ‘‘being responsive to violation occurring under the same cir- our customers and accountable to the pub- principal supervisory inspector of the Fed- eral Aviation Administration (in this section cumstances, has not been previously discov- lic’’ and, in 2003, issued a customer service ered by an inspector or self-disclosed by the initiative that required aviation inspectors referred to as the ‘‘Agency’’) may not be re- sponsible for overseeing the operations of a air carrier. to treat air carriers and other aviation cer- UPERVISORY REVIEW OF VOLUNTARY single air carrier for a continuous period of (c) S tificate holders as ‘‘customers’’ rather than more than 5 years. SELF DISCLOSURES.—The Administrator shall regulated entities. (b) TRANSITIONAL PROVISION.—An indi- establish a process by which voluntary self- (4) The initiatives described in paragraph vidual serving as a principal supervisory in- disclosures received from air carriers are re- (3) appear to have given regulated entities spector of the Agency with respect to an air viewed and approved by a supervisor after and Agency inspectors the impression that carrier as of the date of enactment of this the initial review by an inspector. the management of the Agency gives an un- Act may be responsible for overseeing the (d) GAO STUDY.— duly high priority to the satisfaction of reg- operations of the carrier until the last day of (1) IN GENERAL.—The Comptroller General ulated entities regarding its inspection and the 5-year period specified in subsection (a) shall conduct a study of the Voluntary Dis- certification decisions and other lawful ac- or last day of the 2-year period beginning on closure Reporting Program. tions of its safety inspectors. such date of enactment, whichever is later. (2) REVIEW.—In conducting the study, the (5) As a result of the emphasis on customer (c) ISSUANCE OF ORDER.—Not later than 30 Comptroller General shall examine, at a satisfaction, some managers of the Agency days after the date of enactment of this Act, minimum, whether— have discouraged vigorous enforcement and the Administrator of the Federal Aviation (A) there is evidence that voluntary disclo- replaced inspectors whose lawful actions ad- Administration shall issue an order to carry sure is resulting in regulated entities discov- versely affected an air carrier. out this section. ering and correcting violations to a greater

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5943

extent than would otherwise occur if there ‘‘(4) PUBLICATION.—The Secretary shall title 49, United States Code, that incorporate was no program for immunity from enforce- compile the information provided in the the amendments made by subsection (a). ment action; monthly reports filed pursuant to paragraph (c) REPORT.—Not later than 2 years after (B) the voluntary disclosure program (1) in a single monthly report and publish the date of issuance of revised guidelines makes the Federal Aviation Administration such report on the website of the Depart- pursuant to subsection (b), the Secretary (FAA) aware of violations that the FAA ment of Transportation.’’. shall submit to the Committee on Transpor- would not have discovered if there was not a (b) EFFECTIVE DATE.—The Secretary of tation and Infrastructure of the House of program, and if a violation is disclosed vol- Transportation shall require monthly re- Representatives and the Committee on Com- untarily, whether the FAA insists on strong- ports pursuant to the amendment made by merce, Science, and Transportation of the er corrective actions than would have oc- subsection (a) beginning not later than 90 Senate a report on the extent to which the curred if the regulated entity knew of a vio- days after the date of enactment of this Act. revised guidelines have been implemented lation, but FAA did not; SEC. 402. FLIGHT OPERATIONS AT REAGAN NA- and the impact, if any, such implementation (C) the information the FAA gets under TIONAL AIRPORT. has had on air carrier performance and com- the program leads to fewer violations by (a) BEYOND PERIMETER EXEMPTIONS.—Sec- munity satisfaction with air service for other entities, either because the informa- tion 41718(a) is amended by striking ‘‘24’’ and which compensation is being paid under sub- tion leads other entities to look for similar inserting ‘‘34’’. chapter II of chapter 417 of title 49, United violations or because the information leads (b) LIMITATIONS.—Section 41718(c)(2) is States Code. FAA investigators to look for similar viola- amended by striking ‘‘3 operations’’ and in- SEC. 404. ESSENTIAL AIR SERVICE REFORM. tions at other entities; and serting ‘‘5 operations’’. (a) AUTHORIZATION OF APPROPRIATIONS.— (D) there is any evidence that voluntary (c) ALLOCATION OF BEYOND-PERIMETER EX- Section 41742(a)(2) of title 49, United States disclosure has improved compliance with EMPTIONS.—Section 41718(c) is amended— Code, is amended by striking ‘‘there is au- regulations, either for the entities making (1) by redesignating paragraphs (3) and (4) thorized to be appropriated $77,000,000’’ and disclosures or for the industry generally. as paragraphs (4) and (5), respectively; and inserting ‘‘there is authorized to be appro- (3) REPORT.—Not later than one year after (2) by inserting after paragraph (2) the fol- priated out of the Airport and Airway Trust the date of enactment of this Act, the Comp- lowing: Fund $150,000,000’’. troller General shall submit to the Com- ‘‘(3) SLOTS.—The Administrator of the Fed- (b) DISTRIBUTION OF EXCESS FUNDS.— mittee on Transportation and Infrastructure eral Aviation Administration shall reduce (1) IN GENERAL.—Section 41742(a) is amend- of the House of Representatives and Com- the hourly air carrier slot quota for Ronald ed by adding at the end the following: mittee on Commerce, Science, and Transpor- Reagan Washington National Airport in sec- ‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the tation of the Senate a report on the results tion 93.123(a) of title 14, Code of Federal Reg- funds, if any, credited to the account estab- of the study conducted under this section. ulations, by a total of 10 slots that are avail- lished under section 45303 in a fiscal year TITLE IV—AIR SERVICE IMPROVEMENTS able for allocation. Such reductions shall be that exceed the $50,000,000 made available for SEC. 401. MONTHLY AIR CARRIER REPORTS. taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. such fiscal year under paragraph (1)— (a) IN GENERAL.—Section 41708 is amended hours, as determined by the Administrator, ‘‘(A) one-half shall be made available im- by adding at the end the following: in order to grant exemptions under sub- mediately for obligation and expenditure to ‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— section (a).’’. carry out section 41743; and ‘‘(1) MONTHLY REPORTS.—The Secretary (d) SCHEDULING PRIORITY.—Section 41718 is ‘‘(B) one-half shall be made available im- shall require an air carrier referred to in amended— mediately for obligation and expenditure to paragraph (2) to file with the Secretary a (1) by redesignating subsections (e) and (f) carry out subsection (b).’’. monthly report on each flight of the air car- as subsections (f) and (g), respectively; and (2) CONFORMING AMENDMENT.—Section rier that is diverted from its scheduled des- (2) by inserting after subsection (d) the fol- 41742(b) is amended— tination to another airport and each flight of lowing: (A) in the first sentence by striking ‘‘mon- the air carrier that departs the gate at the ‘‘(e) SCHEDULING PRIORITY.—Operations eys credited’’ and all that follows before airport at which the flight originates but is conducted by new entrant air carriers and ‘‘shall be used’’ and inserting ‘‘amounts cancelled before wheels-off time. limited incumbent air carriers shall be af- made available under subsection (a)(4)(B)’’; ‘‘(2) APPLICABILITY.—An air carrier that is forded a scheduling priority over operations and required to file a monthly airline service conducted by other air carriers granted ex- (B) in the second sentence by striking ‘‘any quality performance report under subsection emptions pursuant to this section, with the amounts from those fees’’ and inserting ‘‘any (b) shall be subject to the requirement of highest scheduling priority to be afforded to of such amounts’’. paragraph (1). beyond-perimeter operations conducted by SEC. 405. SMALL COMMUNITY AIR SERVICE. ‘‘(3) CONTENTS.—A monthly report filed by new entrant air carriers and limited incum- (a) PRIORITIES.—Section 41743(c)(5) is an air carrier under paragraph (1) shall in- bent air carriers.’’. amended— clude, at a minimum, the following informa- SEC. 403. EAS CONTRACT GUIDELINES. (1) by striking ‘‘and’’ at the end of subpara- tion: (a) COMPENSATION GUIDELINES.—Section graph (D); ‘‘(A) For a diverted flight— 41737(a)(1) is amended— (2) in subparagraph (E) by striking ‘‘fash- ‘‘(i) the flight number of the diverted (1) by striking ‘‘and’’ at the end of subpara- ion.’’ and inserting ‘‘fashion; and’’; and flight; graph (B); (3) by adding at the end the following: ‘‘(ii) the scheduled destination of the (2) in subparagraph (C) by striking the pe- ‘‘(F) multiple communities cooperate to flight; riod at the end and inserting a semicolon; submit a regional or multistate application ‘‘(iii) the date and time of the flight; and to improve air service.’’. ‘‘(iv) the airport to which the flight was di- (3) by adding at the end the following: (b) EXTENSION OF AUTHORIZATION.—Section verted; ‘‘(D) include provisions under which the 41743(e)(2) is amended by striking ‘‘2009’’ and ‘‘(v) wheels-on time at the diverted airport; Secretary may encourage an air carrier to inserting ‘‘2012’’. ‘‘(vi) the time, if any, passengers deplaned improve air service for which compensation SEC. 406. AIR PASSENGER SERVICE IMPROVE- the aircraft at the diverted airport; and is being paid under this subchapter by incor- MENTS. ‘‘(vii) if the flight arrives at the scheduled porating financial incentives in an essential (a) IN GENERAL.—Subtitle VII is amended destination airport— air service contract based on specified per- by inserting after chapter 421 the following: ‘‘(I) the gate-departure time at the di- formance goals, including goals related to ‘‘CHAPTER 423—AIR PASSENGER SERVICE verted airport; improving on-time performance, reducing IMPROVEMENTS ‘‘(II) the wheels-off time at the diverted the number of flight cancellations, estab- airport; lishing reasonable fares (including joint ‘‘Sec. ‘‘(III) the wheels-on time at the scheduled fares beyond the hub airport), establishing ‘‘42301. Emergency contingency plans. ‘‘42302. Consumer complaints. arrival airport; and convenient connections to flights providing ‘‘42303. Use of insecticides in passenger air- ‘‘(IV) the gate arrival time at the sched- service beyond hub airports, and increasing craft. uled arrival airport. marketing efforts; and ‘‘(B) For flights cancelled after gate depar- ‘‘(E) include provisions under which the ‘‘§ 42301. Emergency contingency plans ture— Secretary may execute a long-term essential ‘‘(a) SUBMISSION OF AIR CARRIER AND AIR- ‘‘(i) the flight number of the cancelled air service contract to encourage an air car- PORT PLANS.—Not later than 90 days after flight; rier to provide air service to an eligible place the date of enactment of this section, each ‘‘(ii) the scheduled origin and destination if it would be in the public interest to do air carrier providing covered air transpor- airports of the cancelled flight; so.’’. tation at a large hub airport or medium hub ‘‘(iii) the date and time of the cancelled (b) DEADLINE FOR ISSUANCE OF REVISED airport and each operator of a large hub air- flight; GUIDANCE.—Not later than 90 days after the port or medium hub airport shall submit to ‘‘(iv) the gate-departure time of the can- date of enactment of this Act, the Secretary the Secretary of Transportation for review celled flight; and of Transportation shall issue revised guide- and approval an emergency contingency plan ‘‘(v) the time the aircraft returned to the lines governing the rate of compensation in accordance with the requirements of this gate. payable under subchapter II of chapter 417 of section.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5944 CONGRESSIONAL RECORD — HOUSE May 21, 2009

‘‘(b) COVERED AIR TRANSPORTATION DE- the carrier or airport or by such other means SEC. 408. EXTENSION OF COMPETITIVE ACCESS FINED.—In this section, the term ‘covered air as determined by the Secretary. REPORTS. Section 47107(s)(3) is amended by striking transportation’ means scheduled passenger ‘‘§ 42302. Consumer complaints air transportation provided by an air carrier ‘‘April 1, 2009’’ and inserting ‘‘September 30, using aircraft with more than 30 seats. ‘‘(a) CONSUMER COMPLAINTS HOTLINE TELE- 2012’’. ‘‘(c) AIR CARRIER PLANS.— PHONE NUMBER.—The Secretary of Transpor- SEC. 409. CONTRACT TOWER PROGRAM. ‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An tation shall establish a consumer complaints (a) COST-BENEFIT REQUIREMENT.—Section air carrier shall submit an emergency con- hotline telephone number for the use of pas- 47124(b) is amended— tingency plan under subsection (a) for— sengers in air transportation. (1) by striking ‘‘(1) The Secretary’’ and in- ‘‘(A) each large hub airport and medium ‘‘(b) PUBLIC NOTICE.—The Secretary shall serting the following: hub airport at which the carrier provides notify the public of the telephone number es- ‘‘(1) CONTRACT TOWER PROGRAM.— covered air transportation; and tablished under subsection (a). ‘‘(A) CONTINUATION AND EXTENSION.—The ‘‘(B) each large hub airport and medium ‘‘(c) NOTICE TO PASSENGERS OF AIR CAR- Secretary’’; hub airport at which the carrier has flights RIERS.—An air carrier providing scheduled (2) by adding at the end of paragraph (1) for which it has primary responsibility for air transportation using aircraft with 30 or the following: inventory control. more seats shall include on the Internet Web ‘‘(B) SPECIAL RULE.—If the Secretary deter- ‘‘(2) CONTENTS.—An emergency contin- site of the carrier and on any ticket con- mines that a tower already operating under gency plan submitted by an air carrier for an firmation and boarding pass issued by the air the program continued under this paragraph airport under subsection (a) shall contain a carrier— has a benefit to cost ratio of less than 1.0, description of how the air carrier will— ‘‘(1) the hotline telephone number estab- the airport sponsor or State or local govern- ‘‘(A) provide food, water that meets the lished under subsection (a); ment having jurisdiction over the airport standards of the Safe Drinking Water Act (42 ‘‘(2) the email address, telephone number, shall not be required to pay the portion of U.S.C. 300f et seq.), restroom facilities, cabin and mailing address of the air carrier; and the costs that exceeds the benefit for a pe- ventilation, and access to medical treatment ‘‘(3) the email address, telephone number, riod of 18 months after such determination is for passengers onboard an aircraft at the air- and mailing address of the Aviation Con- made. port that is on the ground for an extended sumer Protection Division of the Depart- ‘‘(C) USE OF EXCESS FUNDS.—If the Sec- period of time without access to the ter- ment of Transportation for the submission of retary finds that all or part of an amount minal; reports by passengers about air travel serv- made available to carry out the program ‘‘(B) allow passengers to deplane following ice problems. continued under this paragraph is not re- excessive delays; and ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— quired during a fiscal year, the Secretary ‘‘(C) share facilities and make gates avail- There are authorized to be appropriated such may use, during such fiscal year, the amount able at the airport in an emergency. sums as may be necessary to carry out this not so required to carry out the program es- ‘‘(d) AIRPORT PLANS.—An emergency con- section. Such sums shall remain available tablished under paragraph (3).’’; and tingency plan submitted by an airport oper- until expended. (3) by striking ‘‘(2) The Secretary’’ and in- ator under subsection (a) shall contain— ‘‘§ 42303. Use of insecticides in passenger air- serting the following: ‘‘(1) a description of how the airport oper- craft ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. ator, to the maximum extent practicable, (b) CONTRACT AIR TRAFFIC CONTROL TOWER ‘‘(a) INFORMATION TO BE PROVIDED ON THE will provide for the deplanement of pas- COST-SHARING PROGRAM.— INTERNET.—The Secretary shall establish, sengers following excessive delays and will (1) FUNDING.—Section 47124(b)(3)(E) is and make available to the general public, an provide for the sharing of facilities and make amended— Internet Web site that contains a listing of gates available at the airport in an emer- (A) by striking ‘‘and’’; and countries that may require an air carrier or gency; and (B) by inserting ‘‘, $8,500,000 for fiscal year foreign air carrier to treat an aircraft pas- ‘‘(2) in the case of an airport that is used 2008, $9,000,000 for fiscal year 2009, $9,500,000 senger cabin with insecticides prior to a by an air carrier or foreign air carrier for for fiscal year 2010, $10,000,000 for fiscal year flight in foreign air transportation to that flights in foreign air transportation, a de- 2011, and $10,000,000 for fiscal year 2012’’ after country or to apply an aerosol insecticide in scription of how the airport operator will ‘‘2007’’. an aircraft cabin used for such a flight when provide for use of the airport’s terminal, to (2) USE OF EXCESS FUNDS.—Section the cabin is occupied with passengers. the maximum extent practicable, for the 47124(b)(3) is amended— processing of passengers arriving at the air- ‘‘(b) REQUIRED DISCLOSURES.—An air car- (A) by redesignating subparagraph (E) (as port on such a flight in the case of an exces- rier, foreign air carrier, or ticket agent sell- amended by paragraph (1) of this subsection) sive tarmac delay. ing, in the United States, a ticket for a as subparagraph (F); and ‘‘(e) UPDATES.— flight in foreign air transportation to a (B) by inserting after subparagraph (D) the ‘‘(1) AIR CARRIERS.—An air carrier shall up- country listed on the Internet Web site es- following: tablished under subsection (a) shall— date the emergency contingency plan sub- ‘‘(E) USE OF EXCESS FUNDS.—If the Sec- mitted by the air carrier under subsection ‘‘(1) disclose, on its own Internet Web site retary finds that all or part of an amount (a) every 3 years and submit the update to or through other means, that the destination made available under this subparagraph is the Secretary for review and approval. country may require the air carrier or for- not required during a fiscal year to carry out ‘‘(2) AIRPORTS.—An airport operator shall eign air carrier to treat an aircraft passenger this paragraph, the Secretary may use, dur- update the emergency contingency plan sub- cabin with insecticides prior to the flight or ing such fiscal year, the amount not so re- mitted by the airport operator under sub- to apply an aerosol insecticide in an aircraft quired to carry out the program continued section (a) every 5 years and submit the up- cabin used for such a flight when the cabin is under paragraph (1).’’. date to the Secretary for review and ap- occupied with passengers; and (c) FEDERAL SHARE.—Section 47124(b)(4)(C) proval. ‘‘(2) refer the purchaser of the ticket to the is amended by striking ‘‘$1,500,000’’ and in- ‘‘(f) APPROVAL.— Internet Web site established under sub- serting ‘‘$2,000,000’’. ‘‘(1) IN GENERAL.—Not later than 9 months section (a) for additional information.’’. (d) SAFETY AUDITS.—Section 47124 is after the date of enactment of this section, (b) CLERICAL AMENDMENT.—The analysis amended by adding at the end the following: the Secretary shall review and approve or re- for subtitle VII is amended by inserting after ‘‘(c) SAFETY AUDITS.—The Secretary shall quire modifications to emergency contin- the item relating to chapter 421 the fol- establish uniform standards and require- gency plans submitted under subsection (a) lowing: ments for safety assessments of air traffic and updates submitted under subsection (e) ‘‘423. Air Passenger Service Improve- control towers that receive funding under to ensure that the plans and updates will ef- ments ...... 42301’’. this section.’’. fectively address emergencies and provide SEC. 410. AIRFARES FOR MEMBERS OF THE (c) PENALTIES.—Section 46301 is amended for the health and safety of passengers. ARMED FORCES. in subsections (a)(1)(A) and (c)(1)(A) by in- (a) FINDINGS.—Congress finds that— ‘‘(2) CIVIL PENALTIES.—The Secretary may serting ‘‘chapter 423,’’ after ‘‘chapter 421,’’. assess a civil penalty under section 46301 (1) the Armed Forces is comprised of ap- (d) APPLICABILITY OF REQUIREMENTS.—Ex- proximately 1,400,000 members who are sta- against an air carrier or airport that does cept as otherwise specifically provided, the not adhere to an emergency contingency tioned on active duty at more than 6,000 requirements of chapter 423 of title 49, military bases in 146 different countries; plan approved under this subsection. United States Code, as added by this section, ‘‘(g) MINIMUM STANDARDS.—The Secretary (2) the United States is indebted to the shall begin to apply 60 days after the date of may establish, as necessary or desirable, members of the Armed Forces, many of enactment of this Act. minimum standards for elements in an emer- whom are in grave danger due to their en- gency contingency plan required to be sub- SEC. 407. CONTENTS OF COMPETITION PLANS. gagement in, or exposure to, combat; mitted under this section. Section 47106(f)(2) is amended— (3) military service, especially in the cur- ‘‘(h) PUBLIC ACCESS.—An air carrier or air- (1) by striking ‘‘patterns of air service,’’; rent war against terrorism, often requires port required to submit emergency contin- (2) by inserting ‘‘and’’ before ‘‘whether’’; members of the Armed Forces to be sepa- gency plans under this section shall ensure and rated from their families on short notice, for public access to such plan after its approval (3) by striking ‘‘, and airfare levels’’ and all long periods of time, and under very stressful under this section on the Internet website of that follows before the period. conditions;

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5945

(4) the unique demands of military service ‘‘(3) ASSISTANCE PROVIDED.—The Secretary to any agreement or requirement relating to often preclude members of the Armed Forces shall provide, by order, to each community the renegotiation of contracts or any notice from purchasing discounted advance airline notified under paragraph (1) information re- requirement under section 41734 of such title. tickets in order to visit their loved ones at garding— (b) EXPEDITED PROCESS FOR ADJUSTMENTS home and require members of the Armed ‘‘(A) the procedures established pursuant TO INDIVIDUAL CONTRACTS.— Forces to travel with heavy bags; and to paragraph (2); and (1) IN GENERAL.—Section 41734(d) of title 49, (5) it is the patriotic duty of the people of ‘‘(B) the maximum amount of compensa- United States Code, is amended by striking the United States to support the members of tion that could be provided under this sub- ‘‘continue to pay’’ and all that follows the Armed Forces who are defending the Na- chapter to an air carrier serving such com- through ‘‘compensation sufficient—’’ and in- tion’s interests around the world at great munity that would comply with the subsidy serting ‘‘provide the carrier with compensa- personal sacrifice. cap. tion sufficient—’’. (b) SENSE OF CONGRESS.—It is the sense of ‘‘(4) SUBSIDY CAP DEFINED.—In this sub- (2) EFFECTIVE DATE.—The amendment Congress that each United States air carrier section, the term ‘subsidy cap’ means the made by paragraph (1) shall apply to com- should— subsidy cap established by section 332 of pensation to air carriers for air service pro- (1) establish for all members of the Armed Public Law 106–69, including any increase to vided after the 30th day following the date of Forces on active duty reduced air fares that that subsidy cap established by the Sec- enactment of this Act. are comparable to the lowest airfare for retary pursuant to the FAA Reauthorization SEC. 417. REVIEW OF AIR CARRIER FLIGHT ticketed flights; and Act of 2009.’’. DELAYS, CANCELLATIONS, AND AS- SOCIATED CAUSES. (2) offer flexible terms that allow members SEC. 414. RESTORATION OF ELIGIBILITY TO A of the Armed Forces on active duty to pur- PLACE DETERMINED BY THE SEC- (a) REVIEW.—The Inspector General of the chase, modify, or cancel tickets without RETARY TO BE INELIGIBLE FOR Department of Transportation shall conduct time restrictions, fees, and penalties and SUBSIDIZED ESSENTIAL AIR SERV- a review regarding air carrier flight delays, waive baggage fees for a minimum of 3 bags. ICE. cancellations, and associated causes to up- SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE Section 41733 (as amended by section 413 of date its 2000 report numbered CR–2000–112 LOCAL PARTICIPATION PROGRAM. this Act) is further amended by adding at the and entitled ‘‘Audit of Air Carrier Flight (a) REPEAL.—Section 41747 of title 49, end the following: Delays and Cancellations’’. United States Code, and the item relating to ‘‘(g) PROPOSALS OF STATE AND LOCAL GOV- (b) ASSESSMENTS.—In conducting the re- such section in the analysis for chapter 417 ERNMENTS TO RESTORE ELIGIBILITY.— view under subsection (a), the Inspector Gen- of such title, are repealed. ‘‘(1) IN GENERAL.—If the Secretary, after eral shall assess— (b) APPLICABILITY.—Title 49, United States the date of enactment of this subsection, (1) the need for an update on delay and Code, shall be applied as if section 41747 of ends payment of compensation to an air car- cancellation statistics, such as number of such title had not been enacted. rier for providing basic essential air service chronically delayed flights and taxi-in and SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO RE- to an eligible place because the Secretary taxi-out times; FLECT INCREASED FUEL COSTS. has determined that providing such service (2) air carriers’ scheduling practices; (a) IN GENERAL.—The $200 per passenger requires a rate of subsidy per passenger in (3) the need for a re-examination of capac- subsidy cap initially established by Public excess of the subsidy cap (as defined in sub- ity benchmarks at the Nation’s busiest air- Law 103–122 (107 Stat. 1198; 1201) and made section (f)), a State or local government may ports; and permanent by section 332 of Public Law 106– submit to the Secretary a proposal for re- (4) the impact of flight delays and can- 69 (113 Stat. 1022) shall be increased by an storing compensation for such service. Such cellations on air travelers, including rec- amount necessary to account for the in- proposal shall be a joint proposal of the ommendations for programs that could be crease, if any, in the cost of aviation fuel in State or local government and an air carrier. implemented to address the impact of flight the 24 months preceding the date of enact- ‘‘(2) DETERMINATION BY SECRETARY.—If a delays on air travelers. ment of this Act, as determined by the Sec- State or local government submits to the (c) REPORT.—Not later than one year after retary. Secretary a proposal under paragraph (1) the date of enactment of this Act, the In- (b) ADJUSTMENT OF CAP.—Not later than 60 with respect to an eligible place, and the spector General shall submit to the Com- days after the date of enactment of this Act, Secretary determines that— mittee on Transportation and Infrastructure the Secretary shall publish in the Federal ‘‘(A) the rate of subsidy per passenger of the House of Representatives and the Register the increased subsidy cap as an in- under the proposal does not exceed the sub- Committee on Commerce, Science, and terim final rule, pursuant to which public sidy cap (as defined in subsection (f)); and Transportation of the Senate a report on the comment will be sought and a final rule ‘‘(B) the proposal is consistent with the results of the review conducted under this issued. legal and regulatory requirements of the es- section, including the assessments described (c) LIMITATION ON ELIGIBILITY.—A commu- sential air service program, in subsection (b). nity that has been determined, pursuant to a SEC. 418. EUROPEAN UNION RULES FOR PAS- final order issued by the Department of the Secretary shall issue an order restoring SENGER RIGHTS. Transportation before the date of enactment the eligibility of the otherwise eligible place (a) IN GENERAL.—The Comptroller General of this Act, to be ineligible for subsidized air to receive basic essential air service by an shall conduct a study to evaluate and com- service under subchapter II of chapter 417 of air carrier for compensation under sub- pare the regulations of the European Union title 49, United States Code, shall not be eli- section (c).’’. and the United States on compensation and gible for the increased subsidy cap estab- SEC. 415. OFFICE OF RURAL AVIATION. other consideration offered to passengers lished pursuant to this section. (a) IN GENERAL.—Subchapter II of chapter who are denied boarding or whose flights are SEC. 413. NOTICE TO COMMUNITIES PRIOR TO 417 is amended by adding at the end the fol- cancelled or delayed. TERMINATION OF ELIGIBILITY FOR lowing: (b) SPECIFIC STUDY REQUIREMENTS.—The SUBSIDIZED ESSENTIAL AIR SERV- study shall include an evaluation and com- ICE. ‘‘§ 41749. Office of Rural Aviation parison of the regulations based on costs to Section 41733 of title 49, United States ‘‘(a) ESTABLISHMENT.—The Secretary of the air carriers, preferences of passengers for Code, is amended by adding at the end the Transportation shall establish within the compensation or other consideration, and following: Department of Transportation an office to be forms of compensation. In conducting the ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TER- known as the ‘Office of Rural Aviation’ (in study, the Comptroller General shall also MINATION OF ELIGIBILITY.— this section referred to as the ‘Office’). take into account the differences in struc- ‘‘(1) IN GENERAL.—The Secretary shall no- ‘‘(b) FUNCTIONS.—The Office shall— tify each community receiving basic essen- ‘‘(1) monitor the status of air service to ture and size of the aviation systems of the European Union and the United States. tial air service for which compensation is small communities; (c) REPORT.—Not later than one year after ‘‘(2) develop proposals to improve air serv- being paid under this subchapter on or before the date of enactment of this Act, the Comp- ice to small communities; and the 45th day before issuing any final decision troller General shall submit a report to Con- ‘‘(3) carry out such other functions as the to end the payment of such compensation gress on the results of the study. due to a determination by the Secretary that Secretary considers appropriate.’’. SEC. 419. ESTABLISHMENT OF ADVISORY COM- providing such service requires a rate of sub- (b) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 417 is amended MITTEE FOR AVIATION CONSUMER sidy per passenger in excess of the subsidy PROTECTION. by adding at the end the following: cap. (a) IN GENERAL.—The Secretary of Trans- ‘‘(2) PROCEDURES TO AVOID TERMINATION.— ‘‘41749. Office of Rural Aviation.’’. portation shall establish an advisory com- The Secretary shall establish, by order, pro- SEC. 416. ADJUSTMENTS TO COMPENSATION FOR mittee for aviation consumer protection (in cedures by which each community notified of SIGNIFICANTLY INCREASED COSTS. this section referred to as the ‘‘advisory an impending loss of subsidy under para- (a) EMERGENCY ACROSS-THE-BOARD ADJUST- committee’’) to advise the Secretary in car- graph (1) may work directly with an air car- MENT.—Subject to the availability of funds, rying out air passenger service improve- rier to ensure that the air carrier is able to the Secretary may increase the rates of com- ments, including those required by chapter submit a proposal to the Secretary to pro- pensation payable to air carriers under sub- 423 of title 49, United States Code. vide essential air service to such community chapter II of chapter 417 of title 49, United (b) MEMBERSHIP.—The Secretary shall ap- for an amount of compensation that would States Code, to compensate such carriers for point 8 members to the advisory committee not exceed the subsidy cap. increased aviation fuel costs, without regard as follows:

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.047 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5946 CONGRESSIONAL RECORD — HOUSE May 21, 2009 (1) Two representatives of air carriers re- national or regional airspace system, the Ad- foreign air carriers to adopt the prohibition quired to submit emergency contingency ministrator shall convene a conference of described in subsection (a) with respect to plans pursuant to section 42301 of title 49, such carriers to reduce pursuant to section the operation of an aircraft in scheduled pas- United States Code. 41722, on a voluntary basis, the number of senger foreign air transportation. (2) Two representatives of the airport oper- such operations to less than such maximum ‘‘(2) ALTERNATE PROHIBITION.—If a foreign ators required to submit emergency contin- departure and arrival rate. government objects to the application of gency plans pursuant to section 42301 of such (b) NO AGREEMENT.—If the air carriers par- paragraph (1) on the basis that paragraph (1) title. ticipating in a conference with respect to an provides for an extraterritorial application (3) Two representatives of State and local airport under subsection (a) are not able to of the laws of the United States, the Sec- governments who have expertise in aviation agree to a reduction in the number of flights retary may waive the application of para- consumer protection matters. to and from the airport to less than the max- graph (1) to a foreign air carrier licensed by (4) Two representatives of nonprofit public imum departure and arrival rate, the Admin- that foreign government until such time as interest groups who have expertise in avia- istrator shall take such action as is nec- an alternative prohibition on voice commu- tion consumer protection matters. essary to ensure such reduction is imple- nications using a mobile communications de- (c) VACANCIES.—A vacancy in the advisory mented. vice during flight is negotiated by the Sec- committee shall be filled in the manner in (c) QUARTERLY REPORTS.—Beginning 3 retary with such foreign government which the original appointment was made. months after the date of enactment of this through bilateral negotiations. (d) TRAVEL EXPENSES.—Members of the ad- Act and every 3 months thereafter, the Ad- ‘‘(c) DEFINITIONS.—In this section, the fol- visory committee shall serve without pay ministrator shall submit to Congress a re- lowing definitions apply: but shall receive travel expenses, including port regarding scheduling at the 35 airports ‘‘(1) FLIGHT.—The term ‘flight’ means the per diem in lieu of subsistence, in accordance that have the greatest number of passenger period beginning when an aircraft takes off with subchapter I of chapter 57 of title 5, enplanements, including each occurrence in and ending when an aircraft lands. United States Code. which hourly scheduled aircraft operations ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE (e) CHAIRPERSON.—The Secretary shall des- of air carriers at such an airport exceed the COMMUNICATIONS DEVICE.— ignate, from among the individuals ap- hourly maximum departure and arrival rate ‘‘(A) INCLUSIONS.—The term ‘voice commu- pointed under subsection (b), an individual at any such airport. nications using a mobile communications de- to serve as chairperson of the advisory com- SEC. 423. EXPANSION OF DOT AIRLINE CON- vice’ includes voice communications using— mittee. SUMER COMPLAINT INVESTIGA- ‘‘(i) a commercial mobile radio service or (f) DUTIES.—The duties of the advisory TIONS. other wireless communications device; committee shall include the following: (a) IN GENERAL.—Subject to the avail- ‘‘(ii) a broadband wireless device or other (1) Evaluating existing aviation consumer ability of appropriations, the Secretary of wireless device that transmits data packets protection programs and providing rec- Transportation shall investigate consumer using the Internet Protocol or comparable ommendations for the improvement of such complaints regarding— technical standard; or programs, if needed. (1) flight cancellations; ‘‘(iii) a device having voice override capa- (2) Providing recommendations to estab- (2) compliance with Federal regulations bility. lish additional aviation consumer protection concerning overbooking seats on flights; ‘‘(B) EXCLUSION.—Such term does not in- programs, if needed. (3) lost, damaged, or delayed baggage, and clude voice communications using a phone (g) REPORT.—Not later than February 1 of difficulties with related airline claims proce- installed on an aircraft. each year beginning after the date of enact- dures; ‘‘(d) SAFETY REGULATIONS.—This section ment of this Act, the Secretary shall trans- (4) problems in obtaining refunds for un- shall not be construed to affect the author- mit to Congress a report containing— used or lost tickets or fare adjustments; ity of the Secretary to impose limitations on (1) each recommendation made by the ad- (5) incorrect or incomplete information voice communications using a mobile com- visory committee during the preceding cal- about fares, discount fare conditions and munications device for safety reasons. endar year; and availability, overcharges, and fare increases; ‘‘(e) REGULATIONS.—The Secretary shall (2) an explanation of how the Secretary has (6) the rights of passengers who hold fre- prescribe such regulations as are necessary implemented each recommendation and, for quent flier miles or equivalent redeemable to carry out this section.’’. each recommendation not implemented, the awards earned through customer-loyalty (b) CLERICAL AMENDMENT.—The analysis Secretary’s reason for not implementing the programs; and for such subchapter is amended by adding at recommendation. (7) deceptive or misleading advertising. the end the following: SEC. 420. DENIED BOARDING COMPENSATION. (b) BUDGET NEEDS REPORT.—The Secretary ‘‘41724. Prohibitions against voice commu- Not later than May 19, 2010, and every 2 shall provide, as an annex to its annual nications using mobile commu- years thereafter, the Secretary shall evalu- budget request, an estimate of resources nications devices on scheduled ate the amount provided for denied boarding which would have been sufficient to inves- flights.’’. compensation and issue a regulation to ad- tigate all such claims the Department of SEC. 425. ANTITRUST EXEMPTIONS. just such compensation as necessary. Transportation received in the previous fis- (a) STUDY.—The Comptroller General shall SEC. 421. COMPENSATION FOR DELAYED BAG- cal year. The annex shall be transmitted to conduct a study of the legal requirements GAGE. Congress when the President submits the and policies followed by the Department in (a) STUDY.—The Comptroller General shall budget of the United States to the Congress deciding whether to approve international conduct a study to— under section 1105 of title 31, United States alliances under section 41309 of title 49, (1) examine delays in the delivery of Code. United States Code, and grant exemptions checked baggage to passengers of air car- SEC. 424. PROHIBITIONS AGAINST VOICE COMMU- from the antitrust laws under section 41308 riers; and NICATIONS USING MOBILE COMMU- of such title in connection with such inter- (2) make recommendations for establishing NICATIONS DEVICES ON SCHED- national alliances. ULED FLIGHTS. minimum standards to compensate a pas- (b) ISSUES TO BE CONSIDERED.—In con- (a) IN GENERAL.—Subchapter I of chapter senger in the case of an unreasonable delay ducting the study under subsection (a), the 417 of title 49, United States Code, is amend- in the delivery of checked baggage. Comptroller General, at a minimum, shall ed by adding at the end the following: (b) CONSIDERATION.—In conducting the examine the following: study, the Comptroller General shall take ‘‘§ 41724. Prohibitions against voice commu- (1) Whether granting exemptions from the into account the additional fees for checked nications using mobile communications de- antitrust laws in connection with inter- baggage that are imposed by many air car- vices on scheduled flights national alliances has resulted in public ben- riers and how the additional fees should im- ‘‘(a) INTERSTATE AND INTRASTATE AIR efits, including an analysis of whether such prove an air carrier’s baggage performance. TRANSPORTATION.— benefits could have been achieved by inter- (c) REPORT.—Not later than 180 days after ‘‘(1) IN GENERAL.—An individual may not national alliances not receiving exemptions the date of enactment of this Act, the Comp- engage in voice communications using a mo- from the antitrust laws. troller General shall transmit to Congress a bile communications device in an aircraft (2) Whether granting exemptions from the report on the results of the study. during a flight in scheduled passenger inter- antitrust laws in connection with inter- SEC. 422. SCHEDULE REDUCTION. state air transportation or scheduled pas- national alliances has resulted in reduced (a) IN GENERAL.—If the Administrator of senger intrastate air transportation. competition, increased prices in markets, or the Federal Aviation Administration deter- ‘‘(2) EXCEPTIONS.—The prohibition de- other adverse effects. mines that: (1) the aircraft operations of air scribed in paragraph (1) shall not apply to— (3) Whether international alliances that carriers during any hour at an airport ex- ‘‘(A) a member of the flight crew or flight have been granted exemptions from the anti- ceeds the hourly maximum departure and ar- attendants on an aircraft; or trust laws have implemented pricing or rival rate established by the Administrator ‘‘(B) a Federal law enforcement officer act- other practices with respect to the hub air- for such operations; and (2) the operations in ing in an official capacity. ports at which the alliances operate that excess of the maximum departure and arrival ‘‘(b) FOREIGN AIR TRANSPORTATION.— have resulted in increased costs for con- rate for such hour at such airport are likely ‘‘(1) IN GENERAL.—The Secretary of Trans- sumers or foreclosed competition by rival to have a significant adverse effect on the portation shall require all air carriers and (nonalliance) air carriers at such airports.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5947 (4) Whether increased network size result- retary issues a written determination under issues necessary to protect the resources of ing from additional international alliance subsection (d). such park and visitor use of such park with- members will adversely affect competition (3) STANDARDS FOR RENEWALS.—The Sec- out compromising aviation safety or the air between international alliances. retary shall make a decision on whether to traffic control system and may— (5) The areas in which immunized inter- renew an exemption under paragraph (1) ‘‘(i) include provisions such as those de- national alliances compete and whether based on the policies of the Department in scribed in subparagraphs (B) through (E) of there is sufficient competition among immu- effect after the Secretary issues a written paragraph (3); nized international alliances to ensure that determination under subsection (d). ‘‘(ii) include provisions to ensure the sta- consumers will receive benefits of at least (f) DEFINITIONS.—In this section, the fol- bility of, and compliance with, the voluntary the same magnitude as those that consumers lowing definitions apply: agreement; and would receive if there were no immunized (1) EXEMPTION FROM THE ANTITRUST LAWS.— ‘‘(iii) provide for fees for such operations. international alliances. The term ‘‘exemption from the antitrust ‘‘(C) PUBLIC.—The Director and the Admin- (6) The minimum number of international laws’’ means an exemption from the anti- istrator shall provide an opportunity for alliances that is necessary to ensure robust trust laws granted by the Secretary under public review of a proposed voluntary agree- competition and benefits to consumers on section 41308 of title 49, United States Code. ment under this paragraph and shall consult major international routes. (2) IMMUNIZED INTERNATIONAL ALLIANCE.— with any Indian tribe whose tribal lands are, (7) Whether the different regulatory and The term ‘‘immunized international alli- or may be, flown over by a commercial air antitrust responsibilities of the Secretary ance’’ means an international alliance for tour operator under a voluntary agreement and the Attorney General with respect to which the Secretary has granted an exemp- under this paragraph. After such opportunity international alliances have created any sig- tion from the antitrust laws. for public review and consultation, the vol- nificant conflicting agency recommenda- (3) INTERNATIONAL ALLIANCE.—The term untary agreement may be implemented tions, such as the conditions imposed in ‘‘international alliance’’ means a coopera- without further administrative or environ- granting exemptions from the antitrust tive agreement between an air carrier and a mental process beyond that described in this laws. foreign air carrier to provide foreign air subsection. (8) Whether, from an antitrust standpoint, transportation subject to approval or dis- ‘‘(D) TERMINATION.—A voluntary agree- requests for exemptions from the antitrust approval by the Secretary under section ment under this paragraph may be termi- laws in connection with international alli- 41309 of title 49, United States Code. nated at any time at the discretion of the Di- ances should be treated as mergers, and (4) DEPARTMENT.—The term ‘‘Department’’ rector or the Administrator if the Director therefore be exclusively subject to a tradi- means the Department of Transportation. determines that the agreement is not ade- tional merger analysis by the Attorney Gen- (5) SECRETARY.—The term ‘‘Secretary’’ quately protecting park resources or visitor eral and be subject to advance notification means the Secretary of Transportation. experiences or the Administrator determines requirements and a confidential review proc- TITLE V—ENVIRONMENTAL that the agreement is adversely affecting ess similar to those required under section STEWARDSHIP AND STREAMLINING aviation safety or the national aviation sys- 7A of the Clayton Act (15 U.S.C. 18a). SEC. 501. AMENDMENTS TO AIR TOUR MANAGE- tem. If a voluntary agreement for a national (9) Whether the Secretary should amend, MENT PROGRAM. park is terminated, the operators shall con- modify, or revoke any exemption from the Section 40128 is amended— form to the requirements for interim oper- antitrust laws granted by the Secretary in (1) in subsection (a)(1)(C) by inserting ‘‘or ating authority under subsection (c) until an connection with an international alliance. voluntary agreement under subsection air tour management plan for the park is in (10) The effect of international alliances on (b)(7)’’ before ‘‘for the park’’; effect.’’; the number and quality of jobs for United (2) in subsection (a) by adding at the end (4) in subsection (c) by striking paragraph States air carrier flight crew employees, in- the following: (2)(I) and inserting the following: cluding the share of alliance flying done by ‘‘(5) EXEMPTION.— ‘‘(I) may allow for modifications of the in- those employees. ‘‘(A) IN GENERAL.—Notwithstanding para- terim operating authority without further (c) REPORT.—Not later than one year after graph (1), a national park that has 50 or environmental review beyond that described the date of enactment of this Act, the Comp- fewer commercial air tour flights a year in this section if— troller General shall submit to the Secretary shall be exempt from the requirements of ‘‘(i) adequate information regarding the of Transportation, the Committee on Trans- this section, except as provided in subpara- operator’s existing and proposed operations portation and Infrastructure of the House of graph (B). under the interim operating authority is pro- Representatives, and the Committee on ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the vided to the Administrator and the Director; Commerce, Science, and Transportation of Director determines that an air tour man- ‘‘(ii) the Administrator determines that the Senate a report on the results of the agement plan or voluntary agreement is nec- there would be no adverse impact on avia- study under subsection (a), including any essary to protect park resources and values tion safety or the air traffic control system; recommendations of the Comptroller Gen- or park visitor use and enjoyment, the Direc- and eral as to whether there should be changes in tor shall withdraw the exemption of a park ‘‘(iii) the Director agrees with the modi- the authority of the Secretary under title 49, under subparagraph (A). fication, based on the Director’s professional United States Code, or policy changes that ‘‘(C) LIST OF PARKS.—The Director shall in- expertise regarding the protection of the the Secretary can implement administra- form the Administrator, in writing, of each park resources and values and visitor use tively, with respect to approving inter- determination under subparagraph (B). The and enjoyment.’’; national alliances and granting exemptions Director and Administrator shall publish an (5) in subsection (c)(3)(A) by striking ‘‘if from the antitrust laws in connection with annual list of national parks that are cov- the Administrator determines’’ and all that such international alliances. ered by the exemption provided by this para- follows through the period at the end and in- (d) ADOPTION OF RECOMMENDED POLICY graph. serting ‘‘without further environmental CHANGES.—Not later than one year after the ‘‘(D) ANNUAL REPORT.—A commercial air process beyond that described in this para- date of receipt of the report under subsection tour operator conducting commercial air graph if— (c), and after providing notice and an oppor- tours in a national park that is exempt from ‘‘(i) adequate information on the operator’s tunity for public comment, the Secretary the requirements of this section shall submit proposed operations is provided to the Ad- shall issue a written determination as to to the Administrator and the Director an an- ministrator and the Director by the operator whether the Secretary will adopt the policy nual report regarding the number of com- making the request; changes, if any, recommended by the Comp- mercial air tour flights it conducts each year ‘‘(ii) the Administrator agrees that there troller General in the report or make any in such park.’’; would be no adverse impact on aviation safe- other policy changes with respect to approv- (3) in subsection (b) by adding at the end ty or the air traffic control system; and ing international alliances and granting ex- the following: ‘‘(iii) the Director agrees, based on the Di- emptions from the antitrust laws in connec- ‘‘(7) VOLUNTARY AGREEMENTS.— rector’s professional expertise regarding the tion with such international alliances. ‘‘(A) IN GENERAL.—As an alternative to an protection of park resources and values and (e) SUNSET PROVISION.— air tour management plan, the Director and visitor use and enjoyment.’’; (1) IN GENERAL.—An exemption from the the Administrator may enter into a vol- (6) by redesignating subsections (d), (e), antitrust laws granted by the Secretary on untary agreement with a commercial air and (f) as subsections (e), (f), and (g), respec- or before the last day of the 3-year period be- tour operator (including a new entrant appli- tively; and ginning on the date of enactment of this Act cant and an operator that has interim oper- (7) by inserting after subsection (c) the fol- in connection with an international alliance, ating authority) that has applied to conduct lowing: including an exemption granted before the air tour operations over a national park to ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE- date of enactment of this Act, shall cease to manage commercial air tour operations over PORTS.— be effective after such last day unless the ex- such national park. ‘‘(1) REPORT.—Each commercial air tour emption is renewed by the Secretary. ‘‘(B) PARK PROTECTION.—A voluntary operator providing a commercial air tour (2) TIMING FOR RENEWALS.—The Secretary agreement under this paragraph with respect over a national park under interim operating may not renew an exemption under para- to commercial air tour operations over a na- authority granted under subsection (c) or in graph (1) before the date on which the Sec- tional park shall address the management accordance with an air tour management

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5948 CONGRESSIONAL RECORD — HOUSE May 21, 2009

plan under subsection (b) shall submit a re- ‘‘(2) ADDITIONAL STAFF.—The Adminis- ‘‘(1) $20,000,000 for fiscal year 2009. port to the Administrator and Director re- trator may accept funds from an airport op- ‘‘(2) $25,000,000 for fiscal year 2010. garding the number of its commercial air erator, including funds provided to the oper- ‘‘(3) $33,000,000 for fiscal year 2011. tour operations over each national park and ator under paragraph (1), to hire additional ‘‘(4) $50,000,000 for fiscal year 2012. such other information as the Administrator staff or obtain the services of consultants in ‘‘(e) REPORT.—Beginning in fiscal year 2010, and Director may request in order to facili- order to facilitate the timely processing, re- the Administrator of the Federal Aviation tate administering the provisions of this sec- view, and completion of environmental ac- Administration shall publish an annual re- tion. tivities associated with proposals to imple- port on the program established under this ‘‘(2) REPORT SUBMISSION.—Not later than 3 ment flight procedures at such airport that section until completion of the program.’’. months after the date of enactment of the have been approved as part of an airport (b) CLERICAL AMENDMENT.—The analysis FAA Reauthorization Act of 2009, the Admin- noise compatibility program under sub- for such subchapter is amended by adding at istrator and Director shall jointly issue an section (b). the end the following: initial request for reports under this sub- ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL- ‘‘47511. CLEEN research, development, and section. The reports shall be submitted to LECTIONS.—Notwithstanding section 3302 of implementation partnership.’’. the Administrator and Director on a fre- title 31, any funds accepted under this sec- SEC. 506. PROHIBITION ON OPERATING CERTAIN quency and in a format prescribed by the Ad- tion— AIRCRAFT WEIGHING 75,000 POUNDS ministrator and Director.’’. ‘‘(A) shall be credited as offsetting collec- OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS. SEC. 502. STATE BLOCK GRANT PROGRAM. tions to the account that finances the activi- (a) IN GENERAL.—Subchapter II of chapter (a) GENERAL REQUIREMENTS.—Section ties and services for which the funds are ac- 475 is amended by adding at the end the fol- 47128(a) is amended— cepted; lowing: (1) in the first sentence by striking ‘‘pre- ‘‘(B) shall be available for expenditure only scribe regulations’’ and inserting ‘‘issue to pay the costs of activities and services for ‘‘§ 47534. Prohibition on operating certain air- guidance’’; and which the funds are accepted; and craft weighing 75,000 pounds or less not (2) in the second sentence by striking ‘‘reg- ‘‘(C) shall remain available until ex- complying with stage 3 noise levels ulations’’ and inserting ‘‘guidance’’. pended.’’. ‘‘(a) PROHIBITION.—Except as provided in (b) APPLICATIONS AND SELECTION.—Section SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND subsection (b), (c), or (d), after December 31, 47128(b)(4) is amended by inserting before the IMPLEMENTATION PARTNERSHIP. 2013, a person may not operate a civil sub- semicolon the following: ‘‘, including the Na- (a) COOPERATIVE AGREEMENT.—Subchapter sonic jet airplane with a maximum weight of tional Environmental Policy Act of 1969 (42 I of chapter 475 is amended by adding at the 75,000 pounds or less, and for which an air- U.S.C. 4321 et seq.), State and local environ- end the following: worthiness certificate (other than an experi- mental certificate) has been issued, to or mental policy acts, Executive orders, agency ‘‘§ 47511. CLEEN research, development, and from an airport in the United States unless regulations and guidance, and other Federal implementation partnership environmental requirements’’. the Secretary of Transportation finds that (c) ENVIRONMENTAL ANALYSIS AND COORDI- ‘‘(a) IN GENERAL.—The Administrator of the aircraft complies with stage 3 noise lev- NATION REQUIREMENTS.—Section 47128 is the Federal Aviation Administration, in co- els. amended by adding at the end the following: ordination with the Administrator of the Na- ‘‘(b) EXCEPTION.—Subsection (a) shall not ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDI- tional Aeronautics and Space Administra- apply to aircraft operated only outside the 48 NATION REQUIREMENTS.—A Federal agency, tion, shall enter into a cooperative agree- contiguous States. other than the Federal Aviation Administra- ment, using a competitive process, with an ‘‘(c) EXCEPTIONS.—The Secretary may tion, that is responsible for issuing an ap- institution, entity, or consortium to carry allow temporary operation of an airplane proval, license, or permit to ensure compli- out a program for the development, matur- otherwise prohibited from operation under ance with a Federal environmental require- ing, and certification of CLEEN engine and subsection (a) to or from an airport in the ment applicable to a project or activity to be airframe technology for aircraft over the contiguous United States by granting a spe- carried out by a State using amounts from a next 10 years. cial flight authorization for one or more of block grant made under this section shall— ‘‘(b) CLEEN ENGINE AND AIRFRAME TECH- the following circumstances: ‘‘(1) coordinate and consult with the State; NOLOGY DEFINED.—In this section, the term ‘‘(1) To sell, lease, or use the aircraft out- ‘‘(2) use the environmental analysis pre- ‘CLEEN engine and airframe technology’ side the 48 contiguous States. pared by the State for the project or activity means continuous lower energy, emissions, ‘‘(2) To scrap the aircraft. if such analysis is adequate; and and noise engine and airframe technology. ‘‘(3) To obtain modifications to the aircraft ‘‘(3) supplement such analysis, as nec- ‘‘(c) PERFORMANCE OBJECTIVE.—The Ad- to meet stage 3 noise levels. essary, to meet applicable Federal require- ministrator of the Federal Aviation Admin- ‘‘(4) To perform scheduled heavy mainte- ments.’’. istration, in coordination with the Adminis- nance or significant modifications on the SEC. 503. AIRPORT FUNDING OF SPECIAL STUD- trator of the National Aeronautics and Space aircraft at a maintenance facility located in IES OR REVIEWS. Administration, shall establish the following the contiguous 48 States. Section 47173(a) is amended by striking performance objectives for the program, to ‘‘(5) To deliver the aircraft to an operator ‘‘services of consultants in order to’’ and all be achieved by September 30, 2016: leasing the aircraft from the owner or return that follows through the period at the end ‘‘(1) Development of certifiable aircraft the aircraft to the lessor. and inserting ‘‘services of consultants— technology that reduces fuel burn by 33 per- ‘‘(6) To prepare, park, or store the aircraft ‘‘(1) to facilitate the timely processing, re- cent compared to current technology, reduc- in anticipation of any of the activities de- view, and completion of environmental ac- ing energy consumption and greenhouse gas scribed in paragraphs (1) through (5). tivities associated with an airport develop- emissions. ‘‘(7) To provide transport of persons and ment project; ‘‘(2) Development of certifiable engine goods in the relief of emergency situations. ‘‘(2) to conduct special environmental stud- technology that reduces landing and takeoff ‘‘(8) To divert the aircraft to an alternative ies related to an airport project funded with cycle nitrogen oxide emissions by 60 percent, air port in the 48 contiguous States on ac- Federal funds; at a pressure ratio of 30, over the Inter- count of weather, mechanical, fuel, air traf- ‘‘(3) to conduct special studies or reviews national Civil Aviation Organization stand- fic control, or other safety reasons while to support approved noise compatibility ard adopted at the 6th Meeting of the Com- conducting a flight in order to perform any measures described in part 150 of title 14, mittee on Aviation Environmental Protec- of the activities described in paragraphs (1) Code of Federal Regulations; or tion, with commensurate reductions over the through (7). ‘‘(4) to conduct special studies or reviews full pressure ratio range, while limiting or ‘‘(d) STATUTORY CONSTRUCTION.—Nothing to support environmental mitigation in a reducing other gaseous or particle emissions. in the section may be construed as inter- record of decision or finding of no significant ‘‘(3) Development of certifiable aircraft fering with, nullifying, or otherwise affect- impact by the Federal Aviation Administra- technology that reduces noise levels by 32 ing determinations made by the Federal tion.’’. Effective Perceived Noise Level in Decibels Aviation Administration, or to be made by SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT cumulative, relative to Stage 4 standards. the Administration, with respect to applica- OF FLIGHT PROCEDURES. ‘‘(4) Determination of the feasibility of the tions under part 161 of title 14, Code of Fed- Section 47504 is amended by adding at the use of alternative fuels in aircraft systems, eral Regulations, that were pending on the end the following: including successful demonstration and date of enactment of this section.’’. ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT quantification of the benefits of such fuels. (b) CONFORMING AMENDMENTS.— PROCEDURES.— ‘‘(5) Determination of the extent to which (1) Section 47531 is amended— ‘‘(1) IN GENERAL.—In accordance with sub- new engine and aircraft technologies may be (A) in the section heading by striking ‘‘for section (c)(1), the Secretary may make a used to retrofit or re-engine aircraft to in- violating sections 47528–47530’’; and grant to an airport operator to assist in com- crease the integration of retrofitted and re- (B) by striking ‘‘47529, or 47530’’ and insert- pleting environmental review and assess- engined aircraft into the commercial fleet. ing ‘‘47529, 47530, or 47534’’. ment activities for proposals to implement ‘‘(d) FUNDING.—Of amounts appropriated (2) Section 47532 is amended by inserting flight procedures at such airport that have under section 48102(a), not more than the fol- ‘‘or 47534’’ after ‘‘47528–47531’’. been approved as part of an airport noise lowing amounts may be used to carry out (3) The analysis for chapter 475 is amend- compatibility program under subsection (b). this section: ed—

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5949 (A) by striking the item relating to section have already been proven in laboratory dem- necessary may be used to carry out this sec- 47531 and inserting the following: onstrations; tion. ‘‘47531. Penalties.’’; (B) utilizes methods for efficient adapta- SEC. 510. REGULATORY RESPONSIBILITY FOR and tion or integration of innovative concepts to AIRCRAFT ENGINE NOISE AND EMIS- (B) by inserting after the item relating to airport operations; and SIONS STANDARDS. (C) demonstrates whether a technique or section 47533 the following: (a) INDEPENDENT REVIEW.—The Adminis- ‘‘47534. Prohibition on operating certain air- technology for environmental mitigation trator of the FAA shall make appropriate ar- craft weighing 75,000 pounds or identified in research is— rangements for the National Academy of less not complying with stage 3 (i) practical to implement at or near mul- Public Administration or another qualified noise levels.’’. tiple public-use airports; and independent entity to review, in consulta- (ii) capable of reducing noise, airport emis- tion with the FAA and the EPA, whether it SEC. 507. ENVIRONMENTAL MITIGATION PILOT sions, greenhouse gas emissions, or water PROGRAM. is desirable to locate the regulatory respon- quality impacts in measurably significant (a) ESTABLISHMENT.—The Secretary of sibility for the establishment of engine noise amounts. Transportation shall establish a pilot pro- and emissions standards for civil aircraft gram to carry out not more than 6 environ- SEC. 508. AIRCRAFT DEPARTURE QUEUE MAN- within one of the agencies. AGEMENT PILOT PROGRAM. mental mitigation demonstration projects at (a) IN GENERAL.—The Secretary of Trans- (b) CONSIDERATIONS.—The review shall be public-use airports. portation shall carry out a pilot program at conducted so as to take into account— (b) GRANTS.—In implementing the pro- not more than 5 public-use airports under (1) the interrelationships between aircraft gram, the Secretary may make a grant to which the Federal Aviation Administration engine noise and emissions; the sponsor of a public-use airport from shall use funds made available under section (2) the need for aircraft engine noise and funds apportioned under section 48101(a) to test air traffic flow management emissions to be evaluated and addressed in 47117(e)(1)(A) of title 49, United States Code, tools, methodologies, and procedures that an integrated and comprehensive manner; to carry out an environmental mitigation will allow air traffic controllers of the Ad- (3) the scientific expertise of the FAA and demonstration project to measurably reduce ministration to better manage the flow of the EPA to evaluate aircraft engine emis- or mitigate aviation impacts on noise, air aircraft on the ground and reduce the length sions and noise impacts on the environment; quality, or water quality in the vicinity of of ground holds and idling time for aircraft. (4) expertise to interface environmental the airport. (b) SELECTION CRITERIA.—In selecting from performance with ensuring the highest safe (c) ELIGIBILITY FOR PASSENGER FACILITY among airports at which to conduct the pilot and reliable engine performance of aircraft FEES.—An environmental mitigation dem- program, the Secretary shall give priority in flight; onstration project that receives funds made consideration to airports at which improve- (5) consistency of the regulatory responsi- available under this section may be consid- ments in ground control efficiencies are like- bility with other missions of the FAA and ered an eligible airport-related project for ly to achieve the greatest fuel savings or air the EPA; purposes of section 40117 of such title. quality or other environmental benefits, as (6) past effectiveness of the FAA and the (d) SELECTION CRITERIA.—In selecting measured by the amount of reduced fuel, re- EPA in carrying out the aviation environ- among applicants for participation in the duced emissions, or other environmental mental responsibilities assigned to the agen- program, the Secretary shall give priority benefits per dollar of funds expended under cy; and consideration to applicants proposing to the pilot program. (7) the international responsibility to rep- carry out environmental mitigation dem- (c) MAXIMUM AMOUNT.—Not more than a resent the United States with respect to onstration projects that will— total of $5,000,000 may be expended under the both engine noise and emissions standards (1) achieve the greatest reductions in air- pilot program at any single public-use air- for civil aircraft. craft noise, airport emissions, or airport port. (c) REPORT TO CONGRESS.—Not later than 6 water quality impacts either on an absolute (d) REPORT TO CONGRESS.—Not later than 3 months after the date of enactment of this basis or on a per dollar of funds expended years after the date of the enactment of this Act, the Administrator of the FAA shall sub- basis; and section, the Secretary shall submit to the mit to Congress a report on the results of the (2) be implemented by an eligible consor- Committee on Transportation and Infra- review. The report shall include any rec- tium. structure of the House of Representatives ommendations developed as a result of the (e) FEDERAL SHARE.—Notwithstanding any and the Committee on Commerce, Science, review and, if a transfer of responsibilities is provision of subchapter I of chapter 471 of and Transportation of the Senate a report recommended, a description of the steps and such title, the United States Government containing— timeline for implementation of the transfer. share of allowable project costs of an envi- (1) an evaluation of the effectiveness of the (d) DEFINITIONS.—In this section, the fol- ronmental mitigation demonstration project pilot program, including an assessment of lowing definitions apply: carried out under this section shall be 50 per- the tools, methodologies, and procedures (1) EPA.—The term ‘‘EPA’’ means the En- cent. that provided the greatest fuel savings and vironmental Protection Agency. (f) MAXIMUM AMOUNT.—The Secretary may air quality and other environmental bene- (2) FAA.—The term ‘‘FAA’’ means the Fed- not make grants for a single environmental fits, and any impacts on safety, capacity, or eral Aviation Administration. mitigation demonstration project under this efficiency of the air traffic control system or section in a total amount that exceeds the airports at which affected aircraft were SEC. 511. CONTINUATION OF AIR QUALITY SAM- $2,500,000. operating; PLING. (g) PUBLICATION OF INFORMATION.—The Sec- (2) an identification of anticipated benefits The Administrator of the Federal Aviation retary may develop and publish information from implementation of the tools, meth- Administration shall complete the air qual- on the results of environmental mitigation odologies, and procedures developed under ity studies and analysis started pursuant to demonstration projects carried out under the pilot program at other airports; section 815 of the Vision 100—Century of this section, including information identi- (3) a plan for implementing the tools, Aviation Reauthorization Act (49 U.S.C. 40101 fying best practices for reducing or miti- methodologies, and procedures developed note; 117 Stat. 2592), including the collection gating aviation impacts on noise, air qual- under the pilot program at other airports or of samples of the air onboard passenger air- ity, or water quality in the vicinity of air- the Secretary’s reasons for not imple- craft by flight attendants and the testing ports. menting such measures at other airports; and analyzation of such samples for contami- (h) DEFINITIONS.—In this section, the fol- and nants. lowing definitions apply: (4) such other information as the Secretary SEC. 512. SENSE OF CONGRESS. (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi- considers appropriate. ble consortium’’ means a consortium of 2 or SEC. 509. HIGH PERFORMANCE AND SUSTAIN- It is the sense of Congress that— more of the following entities: ABLE AIR TRAFFIC CONTROL FA- (1) the proposed European Union directive (A) A business incorporated in the United CILITIES. extending the European Union’s emissions States. (a) IN GENERAL.—The Administrator of the trading proposal to international civil avia- (B) A public or private educational or re- Federal Aviation Administration shall im- tion without working through the Inter- search organization located in the United plement, to the maximum extent prac- national Civil Aviation Organization (in this States. ticable, sustainable practices for the incor- section referred to as the ‘‘ICAO’’) in a con- (C) An entity of a State or local govern- poration of energy-efficient design, equip- sensus-based fashion is inconsistent with the ment. ment, systems, and other measures in the Convention on International Civil Aviation, (D) A Federal laboratory. construction and major renovation of air done at Chicago on December 7, 1944 (TIAS (2) ENVIRONMENTAL MITIGATION DEMONSTRA- traffic control facilities of the Administra- 1591; commonly known as ‘‘Chicago Conven- TION PROJECT.—The term ‘‘environmental tion in order to reduce energy consumption tion’’), and other relevant air services agree- mitigation demonstration project’’ means a and improve the environmental performance ments and antithetical to building inter- project that— of such facilities. national cooperation to address effectively (A) demonstrates at a public-use airport (b) AUTHORIZATION.—Of amounts appro- the problem of greenhouse gas emissions by environmental mitigation techniques or priated under section 48101(a) of title 49, aircraft engaged in international civil avia- technologies with associated benefits, which United States Code, such sums as may be tion; and

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5950 CONGRESSIONAL RECORD — HOUSE May 21, 2009 (2) the European Union and its member ties. Within 10 days of receiving the list, the Code (as amended by subsection (a) of this states should instead work with other con- parties shall each select one person from the section). tracting states of the ICAO to develop a con- list. The 2 arbitrators selected by the parties (c) SAVINGS CLAUSE.—All cost of living ad- sensual approach to addressing aircraft shall then select a third person from the list justments and other pay increases, lump sum greenhouse gas emissions through the ICAO. within 7 days. If either of the parties fails to payments to employees, and leave and other SEC. 513. AIRPORT NOISE COMPATIBILITY PLAN- select a person or if the 2 arbitrators are un- benefit accruals implemented as part of the NING STUDY, PORT AUTHORITY OF able to agree on the third person within 7 changes referred to in subsection (b) may not NEW YORK AND NEW JERSEY. days, the parties shall make the selection by be reversed unless such reversal is part of It is the sense of the House of Representa- alternately striking names on the list until the calculation of back pay under subsection tives that the Port Authority of New York one arbitrator remains. (d). The Administrator shall waive any over- and New Jersey should undertake an airport ‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If payment paid to, and not collect any funds noise compatibility planning study under the parties do not agree on the framing of for such overpayment, from former employ- part 150 of title 14, Code of Federal Regula- the issues to be submitted for arbitration, ees of the Administration who received lump tions, for the airports that the Port Author- the arbitration board shall frame the issues. sum payments prior to their separation from the Administration. ity operates as of November 2, 2009. In under- ‘‘(iv) HEARINGS.—The arbitration board (d) BACK PAY.— taking the study, the Port Authority should shall give the parties a full and fair hearing, (1) IN GENERAL.—Employees subject to pay particular attention to the impact of including an opportunity to present evidence changes referred to in subsection (b) that are noise on affected neighborhoods, including in support of their claims and an oppor- determined to be null and void under sub- homes, businesses, and places of worship sur- tunity to present their case in person, by section (b) shall be eligible for pay that the rounding LaGuardia Airport, Newark Lib- counsel, or by other representative as they employees would have received under the erty Airport, and JFK Airport. may elect. last mutual agreement between the Adminis- SEC. 514. GAO STUDY ON COMPLIANCE WITH FAA ‘‘(v) DECISIONS.—The arbitration board trator and the exclusive bargaining rep- RECORD OF DECISION. shall render its decision within 90 days after resentative of such employees before the (a) STUDY.—The Comptroller General shall the date of its appointment. Decisions of the date of enactment of this Act and any conduct a study to determine whether the arbitration board shall be conclusive and changes were implemented without agree- Federal Aviation Administration and the binding upon the parties. ment of the bargaining representative. The Massachusetts Port Authority are complying ‘‘(vi) COSTS.—The parties shall share costs Administrator shall pay the employees such with the requirements of the Federal Avia- of the arbitration equally. pay subject to the availability of amounts tion Administration’s record of decision ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon appropriated to carry out this subsection. If dated August 2, 2002. reaching a voluntary agreement or at the the appropriated funds do not cover all (b) REPORT.—Not later than one year after conclusion of the binding arbitration under claims of the employees for such pay, the the date of the enactment of this Act, the paragraph (2)(B), the final agreement, except Administrator and the bargaining represent- Comptroller General shall submit to Con- for those matters decided by an arbitration ative, pursuant to negotiations conducted in gress a report on the results of the study. board, shall be subject to ratification by the accordance with section 40122(a) of title 49, TITLE VI—FAA EMPLOYEES AND exclusive bargaining representative of the United States Code (as amended by sub- ORGANIZATION employees, if so requested by the bargaining section (a) of this section), shall determine SEC. 601. FEDERAL AVIATION ADMINISTRATION representative, and approval by the head of the allocation of the appropriated funds PERSONNEL MANAGEMENT SYSTEM. the agency in accordance with the provisions among the employees on a pro rata basis. (a) DISPUTE RESOLUTION.—Section 40122(a) referred to in subsection (g)(2)(C). (2) AUTHORIZATION OF APPROPRIATIONS.— is amended— ‘‘(4) ENFORCEMENT.— There is authorized to be appropriated (1) by redesignating paragraphs (3) and (4) ‘‘(A) ENFORCEMENT ACTIONS IN UNITED $20,000,000 to carry out this subsection. as paragraphs (5) and (6), respectively; and STATES COURTS.—Each United States district (e) INTERIM AGREEMENT.—If the Adminis- (2) by striking paragraph (2) and inserting court and each United States court of a place trator and the exclusive bargaining rep- the following: subject to the jurisdiction of the United resentative of the employees subject to the ‘‘(2) DISPUTE RESOLUTION.— States shall have jurisdiction of enforcement changes referred to in subsection (b) reach a ‘‘(A) MEDIATION.—If the Administrator actions brought under this section. Such an final and binding agreement with respect to does not reach an agreement under para- action may be brought in any judicial dis- such changes before the date of enactment of graph (1) or the provisions referred to in sub- trict in the State in which the violation of this Act, such agreement shall supersede any section (g)(2)(C) with the exclusive bar- this section is alleged to have been com- changes implemented by the Administrator gaining representative of the employees, the mitted, the judicial district in which the under section 40122(a) of title 49, United Administrator and the bargaining represent- Federal Aviation Administration has its States Code (as in effect on the day before such date of enactment), without the agree- ative— principal office, or the District of Columbia. ment of the bargaining representative, and ‘‘(i) shall use the services of the Federal ‘‘(B) ATTORNEY FEES.—The court may as- subsections (b) and (c) shall not take effect. Mediation and Conciliation Service to at- sess against the Federal Aviation Adminis- tempt to reach such agreement in accord- tration reasonable attorney fees and other SEC. 602. APPLICABILITY OF BACK PAY REQUIRE- MENTS. ance with part 1425 of title 29, Code of Fed- litigation costs reasonably incurred in any (a) APPLICABILITY OF BACK PAY REQUIRE- eral Regulations (as in effect on the date of case under this section in which the com- plainant has substantially prevailed.’’. MENTS.—Section 40122(g)(2) is amended— enactment of the FAA Reauthorization Act (1) by striking ‘‘and’’ at the end of subpara- of 2009); or (b) APPLICATION.—On and after the date of graph (G); ‘‘(ii) may by mutual agreement adopt al- enactment of this Act, any changes imple- (2) by striking the period at the end of sub- ternative procedures for the resolution of mented by the Administrator of the Federal paragraph (H) and inserting ‘‘; and’’; and disputes or impasses arising in the negotia- Aviation Administration on and after July (3) by adding at the end the following: tion of the collective-bargaining agreement. 10, 2005, under section 40122(a) of title 49, ‘‘(I) section 5596, relating to back pay.’’. ‘‘(B) BINDING ARBITRATION.— United States Code (as in effect on the day (b) APPLICABILITY.— ‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IM- before such date of enactment), without the (1) IN GENERAL.—The amendment made by PASSES PANEL.—If the services of the Federal agreement of the exclusive bargaining rep- subsection (a) shall apply to— Mediation and Conciliation Service under resentative of the employees of the Adminis- (A) all proceedings pending on, or com- subparagraph (A)(i) do not lead to an agree- tration certified under section 7111 of title 5, menced after, the date of enactment of this ment, the Administrator and the exclusive United States Code, shall be null and void Act in which an employee of the Federal bargaining representative of the employees and the parties shall be governed by their Aviation Administration is seeking relief (in this subparagraph referred to as the ‘par- last mutual agreement before the implemen- under section 5596 of title 5, United States ties’) shall submit their issues in con- tation of such changes. The Administrator Code, that was available as of March 31, 1996; troversy to the Federal Service Impasses and the bargaining representative shall re- and Panel. The Panel shall assist the parties in sume negotiations promptly, and, subject to (B) subject to paragraph (2), personnel ac- resolving the impasse by asserting jurisdic- subsection (c), their last mutual agreement tions of the Federal Aviation Administration tion and ordering binding arbitration by a shall be in effect until a new contract is under section 5596 of such title occurring be- private arbitration board consisting of 3 adopted by the Administrator and the bar- fore the date of enactment of this Act. members. gaining representative. If an agreement is (2) SPECIAL RULE.—The authority of the ‘‘(ii) APPOINTMENT OF ARBITRATION not reached within 45 days after the date on Merit Systems Protection Board to provide a BOARD.—The Executive Director of the Panel which negotiations resume, the Adminis- remedy under section 5596 of such title, with shall provide for the appointment of the 3 trator and the bargaining representative respect to a personnel action of the Federal members of a private arbitration board shall submit their issues in controversy to Aviation Administration occurring before under clause (i) by requesting the Director of the Federal Service Impasses Panel in ac- the date of enactment of this Act, shall be the Federal Mediation and Conciliation cordance with section 7119 of title 5, United limited to cases in which— Service to prepare a list of not less than 15 States Code, for binding arbitration in ac- (A) the Board, before such date of enact- names of arbitrators with Federal sector ex- cordance with paragraphs (2)(B), (3), and (4) ment, found that the Federal Aviation Ad- perience and by providing the list to the par- of section 40122(a) of title 49, United States ministration committed an unjustified or

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.048 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5951

unwarranted personnel action but ruled that (4) REPORT.—Not later than one year after may be necessary to support the number of the Board did not have the authority to pro- the initiation of the arrangements under aviation safety inspectors, safety technical vide a remedy for the personnel action under subsection (a), the National Academy of specialists, and operation support positions section 5596 of such title; and Sciences shall submit to Congress a report that such model determines are required to (B) a petition for review is filed with the on the results of the study. meet the responsibilities of the Flight clerk of the Board not later than 6 months SEC. 605. DESIGNEE PROGRAM. Standards Service. after such date of enactment. (a) REPORT.—Not later than 18 months (d) SAFETY CRITICAL POSITIONS DEFINED.— SEC. 603. MSPB REMEDIAL AUTHORITY FOR FAA after the date of enactment of this Act, the In this section, the term ‘‘safety critical po- EMPLOYEES. Comptroller General shall submit to the sitions’’ means— Section 40122(g)(3) of title 49, United States Committee on Transportation and Infra- (1) aviation safety inspectors, safety tech- Code, is amended by adding at the end the structure of the House of Representatives nical specialists, and operations support po- following: ‘‘Notwithstanding any other pro- and the Committee on Commerce, Science, sitions in the Flight Standards Service (as vision of law, retroactive to April 1, 1996, the and Transportation of the Senate a report on such terms are used in the Administration’s Board shall have the same remedial author- the status of recommendations made by the fiscal year 2009 congressional budget jus- ity over such employee appeals that it had as Government Accountability Office in its Oc- tification); and of March 31, 1996.’’. tober 2004 report, ‘‘Aviation Safety: FAA (2) manufacturing safety inspectors, pilots, SEC. 604. FAA TECHNICAL TRAINING AND STAFF- Needs to Strengthen Management of Its Des- engineers, Chief Scientist Technical Advi- ING. ignee Programs’’ (GAO–05–40). sors, safety technical specialists, and oper- (a) STUDY.— (b) CONTENTS.—The report shall include— ational support positions in the Aircraft Cer- (1) IN GENERAL.—The Comptroller General (1) an assessment of the extent to which tification Service (as such terms are used in shall conduct a study on the training of the the Federal Aviation Administration has re- the Administration’s fiscal year 2009 con- airway transportation systems specialists of sponded to recommendations of the Govern- gressional budget justification). the Federal Aviation Administration (in this ment Accountability Office referred to in SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFF- section referred to as ‘‘FAA systems special- subsection (a); ING. ists’’). (2) an identification of improvements, if (a) STUDY BY NATIONAL ACADEMY OF (2) CONTENTS.—The study shall— any, that have been made to the designee SCIENCES.—Not later than 90 days after the (A) include an analysis of the type of train- programs referred to in the report of the Of- date of enactment of this Act, the Adminis- ing provided to FAA systems specialists; fice as a result of such recommendations; trator of the Federal Aviation Administra- (B) include an analysis of the type of train- (3) an identification of further action that tion shall enter into appropriate arrange- ing that FAA systems specialists need to be is needed to implement such recommenda- ments with the National Academy of proficient on the maintenance of latest tech- tions, improve the Administration’s manage- Sciences to conduct a study of the assump- nologies; ment control of the designee programs, and tions and methods used by the Federal Avia- (C) include a description of actions that increase assurance that designees meet the tion Administration (in this section referred the Administration has undertaken to en- Administration’s performance standards; and to as the ‘‘FAA’’) to estimate staffing needs sure that FAA systems specialists receive (4) an assessment of the Administration’s for FAA air traffic controllers to ensure the up-to-date training on the latest tech- organizational delegation and designee pro- safe operation of the national airspace sys- nologies; grams and a determination as to whether the tem. (D) identify the amount and cost of FAA Administration has sufficient monitoring (b) CONSULTATION.—In conducting the systems specialists training provided by ven- and surveillance programs in place to prop- study, the National Academy of Sciences dors; erly oversee these programs. shall consult with the exclusive bargaining (E) identify the amount and cost of FAA SEC. 606. STAFFING MODEL FOR AVIATION SAFE- representative of employees of the FAA cer- systems specialists training provided by the TY INSPECTORS. tified under section 7111 of title 5, United Administration after developing courses for (a) IN GENERAL.—Not later than October 31, States Code, the Administrator of the Fed- the training of such specialists; 2009, the Administrator of the Federal Avia- eral Aviation Administration, and represent- (F) identify the amount and cost of travel tion Administration shall develop a staffing atives of the Civil Aeronautical Medical In- that is required of FAA systems specialists model for aviation safety inspectors. In de- stitute. in receiving training; and veloping the model, the Administrator shall (c) CONTENTS.—The study shall include an (G) include a recommendation regarding follow the recommendations outlined in the examination of representative information the most cost-effective approach to pro- 2007 study released by the National Academy on human factors, traffic activity, and the viding FAA systems specialists training. of Sciences entitled ‘‘Staffing Standards for technology and equipment used in air traffic (3) REPORT.—Not later than 1 year after Aviation Safety Inspectors’’ and consult control. the date of enactment of this Act, the Comp- with interested persons, including the exclu- (d) RECOMMENDATIONS AND ESTIMATES.—In troller General shall submit to the Com- sive collective bargaining representative of conducting the study, the National Academy mittee on Transportation and Infrastructure the aviation safety inspectors. of Sciences shall develop— of the House of Representatives and the (b) AUTHORIZATION OF APPROPRIATIONS.— (1) recommendations for the development Committee on Commerce, Science, and There are authorized to be appropriated such by the FAA of objective staffing standards to Transportation of the Senate a report on the sums as may be necessary to carry out this maintain the safety and efficiency of the na- results of the study. section. tional airspace system with current and fu- (b) WORKLOAD OF SYSTEMS SPECIALISTS.— SEC. 607. SAFETY CRITICAL STAFFING. ture projected air traffic levels; and (1) STUDY BY NATIONAL ACADEMY OF (a) SAFETY INSPECTORS.—The Adminis- (2) estimates of cost and schedule for the SCIENCES.—Not later than 90 days after the trator of the Federal Aviation Administra- development of such standards by the FAA date of enactment of this Act, the Adminis- tion shall increase the number of safety crit- or its contractors. trator of the Federal Aviation Administra- ical positions in the Flight Standards Serv- (e) REPORT.—Not later than 18 months tion shall make appropriate arrangements ice and Aircraft Certification Service for a after the date of enactment of this Act, the for the National Academy of Sciences to con- fiscal year commensurate with the funding National Academy of Sciences shall submit duct a study of the assumptions and methods levels provided in subsection (b) for the fis- to the Committee on Transportation and In- used by the Federal Aviation Administration cal year. Such increases shall be measured frastructure of the House of Representatives to estimate staffing needs for FAA systems relative to the number of persons serving in and the Committee on Commerce, Science, specialists to ensure proper maintenance and safety critical positions as of September 30, and Transportation of the Senate a report on certification of the national airspace system. 2008. the results of the study. (2) CONTENTS.—The study shall be con- (b) AUTHORIZATION OF APPROPRIATIONS.—In SEC. 609. ASSESSMENT OF TRAINING PROGRAMS ducted so as to provide the following: addition to amounts authorized by section FOR AIR TRAFFIC CONTROLLERS. (A) A suggested method of modifying FAA 106(k) of title 49, United States Code, there is (a) STUDY.—The Administrator of the Fed- systems specialists staffing models for appli- authorized to be appropriated to carry out eral Aviation Administration shall conduct a cation to current local conditions or apply- subsection (a)— study to assess the adequacy of training pro- ing some other approach to developing an ob- (1) $45,000,000 for fiscal year 2010; grams for air traffic controllers. jective staffing standard. (2) $138,000,000 for fiscal year 2011; and (b) CONTENTS.—The study shall include— (B) The approximate cost and length of (3) $235,000,000 for fiscal year 2012. (1) a review of the current training system time for developing such models. Such sums shall remain available until ex- for air traffic controllers; (3) CONSULTATION.—In conducting the pended. (2) an analysis of the competencies re- study, the National Academy of Sciences (c) IMPLEMENTATION OF STAFFING STAND- quired of air traffic controllers for successful shall consult with the exclusive bargaining ARDS.—Notwithstanding any other provision performance in the current air traffic con- representative of employees of the Federal of this section, upon completion of the flight trol environment; Aviation Administration certified under sec- standards service staffing model under sec- (3) an analysis of competencies required of tion 7111 of title 5, United States Code, and tion 605 of this Act, and validation of the air traffic controllers as the Federal Avia- the Administrator of the Federal Aviation model by the Administrator, there are au- tion Administration transitions to the Next Administration. thorized to be appropriated such sums as Generation Air Transportation System; and

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.049 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5952 CONGRESSIONAL RECORD — HOUSE May 21, 2009

(4) an analysis of various training ap- (1) STAFF.—The Task Force may appoint Force, including the recommendations of the proaches available to satisfy the controller and fix the pay of such personnel as it con- Task Force under subsection (g). competencies identified under paragraphs (2) siders appropriate. (i) IMPLEMENTATION.—Within 30 days of the and (3). (2) STAFF OF FEDERAL AGENCIES.—Upon re- receipt of the Task Force report under sub- (c) REPORT.—Not later than 180 days after quest of the Chairperson of the Task Force, section (h), the Administrator shall submit the date of enactment of this Act, the Ad- the head of any department or agency of the to the Committee on Transportation and In- ministrator shall submit to the Committee United States may detail, on a reimbursable frastructure of the House of Representatives on Transportation and Infrastructure of the basis, any of the personnel of that depart- and the Committee on Commerce, Science, House of Representatives and the Committee ment or agency to the Task Force to assist and Transportation of the Senate a report on Commerce, Science, and Transportation it in carrying out its duties under this sec- that includes a plan and timeline to imple- of the Senate a report on the results of the tion. ment the recommendations of the Task study. (3) OTHER STAFF AND SUPPORT.—Upon re- Force and to align future budgets and prior- SEC. 610. COLLEGIATE TRAINING INITIATIVE quest of the Task Force or a panel of the ities of the Administration accordingly. STUDY. Task Force, the Administrator shall provide (j) TERMINATION.—The Task Force shall (a) STUDY.—The Administrator of the Fed- the Task Force or panel with professional terminate on the last day of the 30-day pe- eral Aviation Administration shall conduct a and administrative staff and other support, riod beginning on the date on which the re- study on training options for graduates of on a reimbursable basis, to the Task Force port under subsection (h) was submitted. the Collegiate Training Initiative program to assist it in carrying out its duties under (k) APPLICABILITY OF THE FEDERAL ADVI- conducted under section 44506(c) of title 49 this section. SORY COMMITTEE ACT.—The Federal Advisory United States Code. The study shall analyze (e) OBTAINING OFFICIAL DATA.—The Task Committee Act (5 U.S.C. App.) shall not the impact of providing as an alternative to Force may secure directly from any depart- apply to the Task Force. the current training provided at the Mike ment or agency of the United States infor- (l) AUTHORIZATION OF APPROPRIATIONS.— Monroney Aeronautical Center of the Ad- mation (other than information required by There are authorized to be appropriated to ministration a new controller orientation any statute of the United States to be kept the Secretary of Transportation $250,000 to session for graduates of such programs at the confidential by such department or agency) carry out this section. necessary for the Task Force to carry out its Mike Monroney Aeronautical Center fol- TITLE VII—AVIATION INSURANCE lowed by on-the-job training for newly hired duties under this section. Upon request of air traffic controllers who are graduates of the chairperson of the Task Force, the head SEC. 701. GENERAL AUTHORITY. such program and shall include— of that department or agency shall furnish (a) EXTENSION OF POLICIES.—Section (1) the cost effectiveness of such an alter- such information to the Task Force. 44302(f)(1) is amended— (f) DUTIES.— native training approach; and (1) by striking ‘‘March 31, 2009’’ and insert- (1) STUDY.—The Task Force shall under- (2) the effect that such an alternative ing ‘‘September 30, 2012’’; and take a study of— training approach would have on the overall (2) by striking ‘‘May 31, 2009’’ and inserting (A) the conditions of all air traffic control quality of training received by graduates of ‘‘December 31, 2019’’. facilities across the Nation, including tow- such programs. (b) SUCCESSOR PROGRAM.—Section 44302(f) ers, centers, and terminal radar air control; (b) REPORT.—Not later than 180 days after is amended by adding at the end the fol- (B) reports from employees of the Adminis- the date of enactment of this Act, the Ad- lowing: tration relating to respiratory ailments and ministrator shall submit to the Committee ‘‘(3) SUCCESSOR PROGRAM.— other health conditions resulting from expo- on Transportation and Infrastructure of the ‘‘(A) IN GENERAL.—After December 31, 2019, sure to mold, asbestos, poor air quality, radi- House of Representatives and to the Com- coverage for the risks specified in a policy ation and facility-related hazards in facili- mittee on Commerce, Science, and Transpor- that has been extended under paragraph (1) ties of the Administration; tation of the Senate a report on the results shall be provided in an airline industry spon- (C) conditions of such facilities that could of the study. sored risk retention or other risk-sharing ar- interfere with such employees’ ability to ef- SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CON- rangement approved by the Secretary. fectively and safely perform their duties; ‘‘(B) TRANSFER OF PREMIUMS.— TROL FACILITY CONDITIONS. (D) the ability of managers and supervisors (a) ESTABLISHMENT.—The Administrator of ‘‘(i) IN GENERAL.—On December 31, 2019, of such employees to promptly document and and except as provided in clause (ii), pre- the Federal Aviation Administration shall seek remediation for unsafe facility condi- establish a special task force to be known as miums that are collected by the Secretary tions; from the airline industry after September 22, the ‘‘FAA Task Force on Air Traffic Control (E) whether employees of the Administra- Facility Conditions’’ (in this section referred 2001, for any policy under this subsection, tion who report facility-related illnesses are and interest earned thereon, as determined to as the ‘‘Task Force’’). treated fairly; (b) MEMBERSHIP.— by the Secretary, shall be transferred to an (F) utilization of scientifically approved airline industry sponsored risk retention or (1) COMPOSITION.—The Task Force shall be remediation techniques in a timely fashion composed of 12 members of whom— other risk-sharing arrangement approved by once hazardous conditions are identified in a the Secretary. (A) 8 members shall be appointed by the facility of the Administration; and Administrator; and ‘‘(ii) DETERMINATION OF AMOUNT TRANS- (G) resources allocated to facility mainte- FERRED.—The amount transferred pursuant (B) 4 members shall be appointed by labor nance and renovation by the Administration. unions representing employees who work at to clause (i) shall be less— (2) FACILITY CONDITION INDICIES (FCI).—The ‘‘(I) the amount of any claims paid out on field facilities of the Administration. Task Force shall review the facility condi- (2) QUALIFICATIONS.—Of the members ap- such policies from September 22, 2001, tion indicies of the Administration (in this through December 31, 2019; pointed by the Administrator under para- section referred to as the ‘‘FCI’’) for inclu- graph (1)(A)— ‘‘(II) the amount of any claims pending sion in the recommendations under sub- under such policies as of December 31, 2019; (A) 4 members shall be specialists on toxic section (g). mold abatement, ‘‘sick building syndrome,’’ and (g) RECOMMENDATIONS.—Based on the re- ‘‘(III) the cost, as determined by the Sec- and other hazardous building conditions that sults of the study and review of the FCI retary, of administering the provision of in- can lead to employee health concerns and under subsection (f), the Task Force shall surance policies under this chapter from shall be appointed by the Administrator in make recommendations as it considers nec- September 22, 2001, through December 31, consultation with the Director of the Na- essary to— 2019.’’. tional Institute for Occupational Safety and (1) prioritize those facilities needing the Health; and most immediate attention in order of the SEC. 702. EXTENSION OF AUTHORITY TO LIMIT (B) 2 members shall be specialists on the greatest risk to employee health and safety; THIRD PARTY LIABILITY OF AIR rehabilitation of aging buildings. CARRIERS ARISING OUT OF ACTS OF (2) ensure that the Administration is using TERRORISM. (3) TERMS.—Members shall be appointed for scientifically approved remediation tech- the life of the Task Force. Section 44303(b) is amended by striking niques in all facilities; and ‘‘May 31, 2009’’ and inserting ‘‘December 31, (4) VACANCIES.—A vacancy in the Task (3) assist the Administration in making 2012’’. Force shall be filled in the manner in which programmatic changes so that aging air traf- the original appointment was made. fic control facilities do not deteriorate to SEC. 703. CLARIFICATION OF REINSURANCE AU- THORITY. (5) TRAVEL EXPENSES.—Members shall unsafe levels. serve without pay but shall receive travel ex- (h) REPORT.—Not later than 6 months after Section 44304 is amended in the second sen- penses, including per diem in lieu of subsist- the date on which initial appointments of tence by striking ‘‘the carrier’’ and inserting ence, in accordance with subchapter I of members to the Task Force are completed, ‘‘any insurance carrier’’. chapter 57 of title 5, United States Code. the Task Force shall submit to the Adminis- SEC. 704. USE OF INDEPENDENT CLAIMS ADJUST- (c) CHAIRPERSON.—The Administrator shall trator, the Committee on Transportation ERS. designate, from among the individuals ap- and Infrastructure of the House of Rep- Section 44308(c)(1) is amended in the sec- pointed under subsection (b)(1), an individual resentatives, and the Committee on Com- ond sentence by striking ‘‘agent’’ and insert- to serve as chairperson of the Task Force. merce, Science, and Transportation of the ing ‘‘agent, or a claims adjuster who is inde- (d) TASK FORCE PERSONNEL MATTERS.— Senate a report on the activities of the Task pendent of the underwriting agent,’’.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.049 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5953 SEC. 705. EXTENSION OF PROGRAM AUTHORITY. ficer employed by a State or local authority (4) The effect of transfers of airport appor- Section 44310 is amended by striking ‘‘De- in that State who is certified or commission tionments under title 49, United States Code. cember 31, 2013’’ and inserting ‘‘December 31, under the laws of that State has access and (5) Any other matters pertaining to the 2019’’. in the same manner as such police officer; or plan that the Secretary determines appro- TITLE VIII—MISCELLANEOUS ‘‘(3) receive Federal, State, or local govern- priate. ment communications with a police officer (c) REPORT TO CONGRESS.— SEC. 801. AIR CARRIER CITIZENSHIP. employed by a State or local authority in (1) SUBMISSION.—Not later than 36 months Section 40102(a)(15) is amended by adding that State in the same manner as a police of- after the date of initiation of the study, the at the end the following: ficer employed by a State or local authority Secretary shall submit to the Committee on ‘‘For purposes of subparagraph (C), an air in that State who is commissioned under the Transportation and Infrastructure of the carrier shall not be deemed to be under the laws of that State. House of Representatives and the Committee actual control of citizens of the United ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUS- on Commerce, Science, and Transportation States unless citizens of the United States TICE INFORMATION DEFINED.—In this section, of the Senate a report on the results of the control all matters pertaining to the busi- the term ‘system of documented criminal study. ness and structure of the air carrier, includ- justice information’ means any law enforce- (2) CONTENTS.—The report shall include— ing operational matters such as marketing, ment database, system, or communication (A) the findings of the Secretary on each of branding, fleet composition, route selection, containing information concerning identi- the subjects listed in subsection (b); pricing, and labor relations.’’. fication, criminal history, arrests, convic- (B) recommendations for any changes to SEC. 802. DISCLOSURE OF DATA TO FEDERAL tions, arrest warrants, wanted or missing policies and procedures for formulating the AGENCIES IN INTEREST OF NA- persons, including the National Crime Infor- plan; and TIONAL SECURITY. mation Center and its incorporated criminal (C) recommendations for any changes to Section 40119(b) is amended by adding at history databases and the National Law En- the methods of determining the amounts to the end the following: forcement Telecommunications System.’’. be apportioned or otherwise made available (b) CLERICAL AMENDMENT.—The analysis ‘‘(3) LIMITATION ON APPLICABILITY OF FREE- to individual airports. DOM OF INFORMATION ACT.—Section 552a of for chapter 401 is amended by adding at the end the following: SEC. 806. EXPRESS CARRIER EMPLOYEE PROTEC- title 5, United States Code, shall not apply TION. to disclosures that the Administrator of the ‘‘40130. FAA access to criminal history (a) IN GENERAL.—Section 201 of the Rail- records or databases systems.’’. Federal Aviation Administration may make way Labor Act (45 U.S.C. 181) is amended— from the systems of records of the Adminis- SEC. 804. CLARIFICATION OF AIR CARRIER FEE (1) by striking ‘‘All’’ and inserting ‘‘(a) IN tration to any Federal law enforcement, in- DISPUTES. GENERAL.—All’’; telligence, protective service, immigration, (a) IN GENERAL.—Section 47129 is amend- ed— (2) by inserting ‘‘and every express carrier’’ or national security official in order to assist after ‘‘common carrier by air’’; and (1) in the section heading by striking ‘‘air the official receiving the information in the (3) by adding at the end the following: performance of official duties.’’. carrier’’ and inserting ‘‘carrier’’; (2) in subsection (a) by striking ‘‘(as de- ‘‘(b) SPECIAL RULES FOR EXPRESS CAR- SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RIERS.— RECORDS AND DATABASE SYSTEMS. fined in section 40102 of this title)’’ and in- serting ‘‘(as such terms are defined in sec- ‘‘(1) IN GENERAL.—An employee of an ex- (a) IN GENERAL.—Chapter 401 is amended press carrier shall be covered by this Act by adding at the end the following: tion 40102)’’; (3) in the heading for subsection (d) by only if that employee is in a position that is ‘‘§ 40130. FAA access to criminal history eligible for certification under part 61, 63, or striking ‘‘AIR CARRIER’’ and inserting ‘‘AIR records or databases systems 65 of title 14, Code of Federal Regulations, CARRIER AND FOREIGN AIR CARRIER’’; ‘‘(a) ACCESS TO RECORDS OR DATABASES (4) in the heading for paragraph (2) of sub- and only if that employee performs duties for the express carrier that are eligible for SYSTEMS.— section (d) by striking ‘‘AIR CARRIER’’ and in- such certification. All other employees of an ‘‘(1) ACCESS TO INFORMATION.—Notwith- serting ‘‘AIR CARRIER AND FOREIGN AIR CAR- express carrier shall be covered by the provi- standing section 534 of title 28, and regula- RIER’’; tions issued to implement such section, the (5) by striking ‘‘air carriers’’ each place it sions of the National Labor Relations Act (29 Administrator of the Federal Aviation Ad- appears and inserting ‘‘air carriers or foreign U.S.C. 151 et seq.). ministration may access a system of docu- air carriers’’; ‘‘(2) AIR CARRIER STATUS.—Any person that mented criminal justice information main- (6) by striking ‘‘air carrier’’ each place it is an express carrier shall be governed by tained by the Department of Justice or by a appears and inserting ‘‘air carrier or foreign paragraph (1) notwithstanding any finding State but may do so only for the purpose of air carrier’’; and that the person is also a common carrier by carrying out civil and administrative respon- (7) by striking ‘‘air carrier’s’’ each place it air. sibilities of the Administration to protect appears and inserting ‘‘air carrier’s or for- ‘‘(3) EXPRESS CARRIER DEFINED.—In this the safety and security of the national air- eign air carrier’s’’. section, the term ‘express carrier’ means any space system or to support the missions of (b) CLERICAL AMENDMENT.—The analysis person (or persons affiliated through com- the Department of Justice, the Department for chapter 471 is amended by striking the mon control or ownership) whose primary of Homeland Security, and other law en- item relating to section 47129 and inserting business is the express shipment of freight or forcement agencies. the following: packages through an integrated network of ‘‘(2) RELEASE OF INFORMATION.—In access- ‘‘47129. Resolution of airport-carrier disputes air and surface transportation.’’. ing a system referred to in paragraph (1), the concerning airport fees.’’. (b) CONFORMING AMENDMENT.—Section 1 of such Act (45 U.S.C. 151) is amended in the Administrator shall be subject to the same SEC. 805. STUDY ON NATIONAL PLAN OF INTE- conditions and procedures established by the GRATED AIRPORT SYSTEMS. first paragraph by striking ‘‘, any express Department of Justice or the State for other (a) IN GENERAL.—Not later than 90 days company that would have been subject to governmental agencies with access to the after the date of enactment of this Act, the subtitle IV of title 49, United States Code, as system. Secretary of Transportation shall initiate a of December 31, 1995,’’. ‘‘(3) LIMITATION.—The Administrator may study to evaluate the formulation of the Na- SEC. 807. CONSOLIDATION AND REALIGNMENT not use the access authorized under para- tional Plan of Integrated Airport Systems OF FAA FACILITIES. graph (1) to conduct criminal investigations. (in this section referred to as the ‘‘plan’’) (a) ESTABLISHMENT OF WORKING GROUP.— ‘‘(b) DESIGNATED EMPLOYEES.—The Admin- under section 47103 of title 49, United States Not later than 9 months after the date of en- istrator shall designate, by order, employees Code. actment of this Act, the Secretary of Trans- of the Administration who shall carry out (b) CONTENTS OF STUDY.—The study shall portation shall establish within the Federal the authority described in subsection (a). include a review of the following: Aviation Administration (in this section re- The designated employees may— (1) The criteria used for including airports ferred to as the ‘‘FAA’’) a working group to ‘‘(1) have access to and receive criminal in the plan and the application of such cri- develop criteria and make recommendations history, driver, vehicle, and other law en- teria in the most recently published version for the realignment of services and facilities forcement information contained in the law of the plan. (including regional offices) of the FAA to as- enforcement databases of the Department of (2) The changes in airport capital needs be- sist in the transition to next generation fa- Justice, or any jurisdiction of a State, in the tween fiscal years 2003 and 2008, as reported cilities and to help reduce capital, operating, same manner as a police officer employed by in the plan, as compared with the amounts maintenance, and administrative costs in in- a State or local authority of that State who apportioned or otherwise made available to stances in which cost reductions can be im- is certified or commissioned under the laws individual airports over the same period of plemented without adversely affecting safe- of that State; time. ty. ‘‘(2) use any radio, data link, or warning (3) A comparison of the amounts received (b) MEMBERSHIP.—The working group shall system of the Federal Government, and of by airports under the airport improvement be composed of— any jurisdiction in a State, that provides in- program in airport apportionments, State (1) the Administrator of the FAA; formation about wanted persons, be-on-the- apportionments, and discretionary grants (2) 2 representatives of air carriers; lookout notices, warrant status, or other of- during such fiscal years with capital needs as (3) 2 representatives of the general aviation ficer safety information to which a police of- reported in the plan. community;

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.049 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5954 CONGRESSIONAL RECORD — HOUSE May 21, 2009

(4) 2 representatives of labor unions rep- ‘‘(A) be considered additional pay or allow- (c) TREATMENT OF PROCEEDS FROM SALE.— resenting employees who work at regional or ances for purposes of section 5536 of title 5; The Secretary may grant to the city of field facilities of the FAA; and or Willoughby an exemption from the provi- (5) 2 representatives of the airport commu- ‘‘(B) offset any benefits an employee may sions of sections 47107 and 47133 of such title, nity. have as a result of government service, in- any grant obligations of the city of (c) REPORT TO CONGRESS CONTAINING REC- cluding compensation under chapter 81 of Willoughby, and regulations and policies of OMMENDATIONS OF THE WORKING GROUP.— title 5. the Federal Aviation Administration to the (1) SUBMISSION.—Not later than 6 months ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— extent necessary to allow the city of after convening the working group, the Ad- Nothing in this subsection shall be construed Willoughby to use the proceeds from the sale ministrator shall submit to the Committee as affecting the entitlement of an employee approved under subsection (a) for any pur- on Transportation and Infrastructure of the to insurance under section 8704(b) of title 5.’’. pose authorized by the city of Willoughby. House of Representatives and the Committee SEC. 809. GAO STUDY ON COOPERATION OF AIR- SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOU- on Commerce, Science, and Transportation LINE INDUSTRY IN INTERNATIONAL ISIANA. of the Senate a report containing the cri- CHILD ABDUCTION CASES. (a) FINDINGS.—Congress finds that— teria and recommendations developed by the (a) STUDY.—The Comptroller General shall (1) Pollock Municipal Airport located in working group under this section. conduct a study to help determine how the Pollock, Louisiana (in this section referred (2) CONTENTS.—The report shall include a Federal Aviation Administration (in this to as the ‘‘airport’’), has never been included justification for each recommendation to section referred to as the ‘‘FAA’’) could bet- in the National Plan of Integrated Airport consolidate or realign a service or facility ter ensure the collaboration and cooperation Systems pursuant to section 47103 of title 49, (including a regional office) and a descrip- of air carriers and foreign air carriers pro- United States Code, and is therefore not con- tion of the costs and savings associated with viding air transportation and relevant Fed- sidered necessary to meet the current or fu- eral agencies to develop and enforce child the consolidation or realignment. ture needs of the national aviation system; safety control for adults traveling inter- (d) PUBLIC NOTICE AND COMMENT.—The Ad- and nationally with children. ministrator shall publish the report sub- (2) closing the airport will not adversely (b) CONTENTS.—In conducting the study, mitted under subsection (c) in the Federal the Comptroller General shall examine— affect aviation safety, aviation capacity, or Register and allow 45 days for the submis- (1) the nature and scope of exit policies and air commerce. sion of public comments. In addition, the Ad- procedures of the FAA, air carriers, and for- (b) REQUEST FOR CLOSURE.— ministrator upon request shall hold a public eign air carriers and how the enforcement of (1) APPROVAL.—Notwithstanding any other hearing in a community that would be af- such policies and procedures is monitored, provision of law, requirement, or agreement fected by a recommendation in the report. including ticketing and boarding procedures; and subject to the requirements of this sec- (e) OBJECTIONS.—Any interested person (2) the extent to which air carriers and for- tion, the Administrator of the Federal Avia- may file with the Administrator a written eign air carriers cooperate in the investiga- tion Administration shall— objection to a recommendation of the work- tions of international child abduction cases, (A) approve a request from the town of Pol- ing group. including cooperation with the National Cen- lock, Louisiana, to close the airport as a (f) REPORT TO CONGRESS CONTAINING REC- ter for Missing and Exploited Children and public airport; and OMMENDATIONS OF THE ADMINISTRATOR.—Not relevant Federal, State, and local agencies; (B) release the town from any term, condi- later than 60 days after the last day of the (3) any effective practices, procedures, or tion, reservation, or restriction contained in period for public comment under subsection lessons learned from the assessment of cur- a surplus property conveyance or transfer (d), the Administrator shall submit to the rent practices and procedures of air carriers, document, and from any order or finding by committees referred to in subsection (c)(1) a foreign air carriers, and operators of other the Department of Transportation on the use report containing the recommendations of transportation modes that could improve the and repayment of airport revenue applicable the Administrator on realignment of services ability of the aviation community to ensure to the airport, that would otherwise prevent and facilities (including regional offices) of the safety of children traveling internation- the closure of the airport and redevelopment the FAA and copies of any public comments ally with adults and, as appropriate, enhance of the facilities to nonaeronautical uses. and objections received by the Administrator the capability of air carriers and foreign air (2) CONTINUED AIRPORT OPERATION PRIOR TO under this section. carriers to cooperate in the investigations of APPROVAL.—The town of Pollock shall con- (g) LIMITATION ON IMPLEMENTATION OF RE- international child abduction cases; and tinue to operate and maintain the airport ALIGNMENTS AND CONSOLIDATIONS.—The Ad- (4) any liability issues associated with pro- until the Administrator grants the town’s re- ministrator may not realign or consolidate viding assistance in such investigations. quest for closure of the airport. any services or facilities (including regional (c) REPORT.—Not later than one year after (3) USE OF PROCEEDS FROM SALE OF AIR- offices) of the FAA before the Administrator the date of the enactment of this Act, the PORT.—Upon the approval of the request to has submitted the report under subsection Comptroller General shall submit to Con- close the airport, the town of Pollock shall (f). gress a report on the results of the study. obtain fair market value for the sale of the (h) FAA DEFINED.—In this section, the SEC. 810. LOST NATION AIRPORT, OHIO. airport property and shall immediately upon term ‘‘FAA’’ means the Federal Aviation Ad- (a) APPROVAL OF SALE.—The Secretary of receipt transfer all such proceeds from the ministration. Transportation may approve the sale of Lost sale of the airport property to the sponsor of a public airport designated by the Adminis- SEC. 808. ACCIDENTAL DEATH AND DISMEMBER- Nation Airport from the city of Willoughby, MENT INSURANCE FOR NATIONAL Ohio, to Lake County, Ohio, if— trator to be used for the development or im- TRANSPORTATION SAFETY BOARD (1) Lake County meets all applicable re- provement of such airport. EMPLOYEES. quirements for sponsorship of the airport; (4) RELOCATION OF AIRCRAFT.—Before clo- Section 1113 is amended by adding at the and sure of the airport, the town of Pollock shall end the following: (2) Lake County agrees to assume the obli- provide adequate time for any airport-based ‘‘(i) ACCIDENTAL DEATH AND DISMEMBER- gations and assurances of the grant agree- aircraft to relocate. MENT INSURANCE.— ments relating to the airport executed by SEC. 812. HUMAN INTERVENTION AND MOTIVA- ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.— the city of Willoughby under chapter 471 of TION STUDY PROGRAM. The Board may procure accidental death and title 49, United States Code, and to operate (a) IN GENERAL.—Not later than 6 months dismemberment insurance for an employee and maintain the airport in accordance with after the date of enactment of this Act, the of the Board who travels for an accident in- such obligations and assurances. Administrator of the Federal Aviation Ad- vestigation or other activity of the Board (b) GRANTS.— ministration shall develop a human inter- outside the United States or inside the (1) IN GENERAL.—The Secretary may make vention and motivation study program for United States under hazardous cir- a grant, from funds made available under flight crewmembers involved in air carrier cumstances, as defined by the Board. section 48103 of title 49, United States Code, operations in the United States under part ‘‘(2) CREDITING OF INSURANCE BENEFITS TO to Lake County to assist in Lake County’s 121 of title 14, Code of Federal Regulations. OFFSET UNITED STATES TORT LIABILITY.—Any purchase of the Lost Nation Airport under (b) AUTHORIZATION OF APPROPRIATIONS.— amounts paid to a person under insurance subsection (a). There are authorized to be appropriated to coverage procured under this subsection (2) FEDERAL SHARE.—The Federal share of carry out this section such sums as may be shall be credited as offsetting any liability of the grant under this subsection shall be for necessary for each of fiscal years 2009 the United States to pay damages to that 90 percent of the cost of Lake County’s pur- through 2012. Such sums shall remain avail- person under section 1346(b) of title 28, chap- chase of the Lost Nation Airport, but in no able until expended. ter 171 of title 28, chapter 163 of title 10, or event may the Federal share of the grant ex- SEC. 813. WASHINGTON, DC, AIR DEFENSE IDEN- any other provision of law authorizing recov- ceed $1,220,000. TIFICATION ZONE. ery based upon tort liability of the United (3) APPROVAL.—The Secretary may make a (a) SUBMISSION OF PLAN TO CONGRESS.—Not States in connection with the injury or grant under this subsection only if the Sec- later than 90 days after the date of enact- death resulting in the insurance payment. retary receives such written assurances as ment of this Act, the Administrator of the ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— the Secretary may require under section Federal Aviation Administration, in con- Any amounts paid under insurance coverage 47107 of title 49, United States Code, with re- sultation with Secretary of Homeland Secu- procured under this subsection shall not— spect to the grant and Lost Nation Airport. rity and Secretary of Defense, shall submit

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5955 to the Committee on Transportation and In- ations under part 135 of title 14, Code of Fed- tion 47117(e) of title 49, United States Code, frastructure and Committee on Homeland eral Regulations, and who accepts an addi- may be expended under this pilot program at Security of the House of Representatives and tional assignment for flying under part 91 of any single public-use airport. the Committee on Commerce, Science, and such title from the air carrier or any other (f) SPECIAL RULES FOR REPAID FUNDS.—The Transportation of the Senate a plan for the air carrier conducting operations under part amounts repaid to the Administrator with Washington, DC, Air Defense Identification 121 or 135 of such title, to apply the period of respect to an airport under subsection Zone. the additional assignment (regardless of (c)(3)— (b) CONTENTS OF PLAN.—The plan shall out- whether the assignment is performed by the (1) shall be available to the Administrator line specific changes to the Washington, DC, flight crewmember before or after an assign- for the following actions giving preference to Air Defense Identification Zone that will de- ment to fly under part 135 of such title) to- such actions in descending order: crease operational impacts and improve gen- ward any limitation applicable to the flight (A) reinvestment in an approved noise eral aviation access to airports in the Na- crewmember relating to duty periods or compatibility project at the airport; tional Capital Region that are currently im- flight times under part 135 of such title. (B) reinvestment in another project at the pacted by the zone. SEC. 817. PILOT PROGRAM FOR REDEVELOP- airport that is available for funding under SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, MENT OF AIRPORT PROPERTIES. section 47117(e) of title 49, United States ALASKA. (a) IN GENERAL.—Not later than one year Code; (a) IN GENERAL.—Notwithstanding any after the date of enactment of this Act, the (C) reinvestment in an approved airport de- other provision of law, including the Federal Administrator of the Federal Aviation Ad- velopment project at the airport that is eli- Airport Act (as in effect on August 8, 1958), ministration shall establish a pilot program gible for funding under section 47114, 47115, the United States releases, without mone- at up to 4 public-use airports (as defined in or 47117 of such title; tary consideration, all restrictions, condi- section 47102 of title 49, United States Code) (D) reinvestment in approved noise com- tions, and limitations on the use, encum- that have a noise compatibility program ap- patibility project at any other public air- brance, or conveyance of certain land lo- proved by the Administrator under section port; and cated in the municipality of Anchorage, 47504 of such title. (E) deposit in the Airport and Airway Alaska, more particularly described as (b) GRANTS.—Under the pilot program, the Trust Fund established under section 9502 of Tracts 22 and 24 of the Fourth Addition to Administrator may make a grant in a fiscal the Internal Revenue Code of 1986 (26 U.S.C. the Town Site of Anchorage, Alaska, as year, from funds made available under sec- 9502); shown on the plat of U.S. Survey No. 1456, tion 47117(e)(1)(A) of such title, to the oper- (2) shall be in addition to amounts author- accepted June 13, 1923, on file in the Bureau ator of an airport participating in the pilot ized under section 48103 of title 49, United of Land Management, Department of Inte- program— States Code; and rior. (1) to support joint planning (including (3) shall remain available until expended. (b) GRANTS.—Notwithstanding any other planning described in section 47504(a)(2)(F) of (g) USE OF PASSENGER FACILITY REVENUE.— such title), engineering design, and environ- provision of law, the municipality of Anchor- An operator of an airport participating in mental permitting for the assembly and re- age shall be released from the repayment of the pilot program may use passenger facility development of real property purchased with any outstanding grant obligations owed by revenue collected for the airport under sec- noise mitigation funds made available under the municipality to the Federal Aviation Ad- tion 40117 of title 49, United States Code, to section 48103 or passenger facility revenues ministration with respect to any land de- pay the portion of the total cost of a project collected for the airport under section 40117 scribed in subsection (a) that is subsequently carried out by the operator under the pilot of such title; and conveyed to or used by the Department of program that are not allowable under sub- (2) to encourage compatible land uses with Transportation and Public Facilities of the section (e)(2). State of Alaska for the construction or re- the airport and generate economic benefits (h) SUNSET.—The Administrator may not construction of a federally subsidized high- to the airport operator and an affected local make a grant under the pilot program after way project. jurisdiction. September 30, 2012. SEC. 815. 1940 AIR TERMINAL MUSEUM AT WIL- (c) GRANT REQUIREMENTS.—The Adminis- (i) REPORT TO CONGRESS.—Not later than LIAM P. HOBBY AIRPORT, HOUSTON, trator may not make a grant under this sec- TEXAS. tion unless the grant is made— the last day of the 30th month following the It is the sense of Congress that the Na- (1) to enable the airport operator and an date on which the first grant is made under tion— affected local jurisdiction to expedite their this section, the Administrator shall report (1) supports the goals and ideals of the 1940 noise mitigation redevelopment efforts with to Congress on the effectiveness of the pilot Air Terminal Museum located at William P. respect to real property described in sub- program on returning real property pur- Hobby Airport in the city of Houston, Texas; section (b)(1); chased with noise mitigation funds made (2) congratulates the city of Houston and (2) subject to a requirement that the af- available under section 47117(e)(1)(A) or 47505 the 1940 Air Terminal Museum on the 80-year fected local jurisdiction has adopted zoning or passenger facility revenues to productive history of William P. Hobby Airport and the regulations that permit compatible redevel- use. vital role of the airport in Houston’s and the opment of real property described in sub- (j) NOISE COMPATIBILITY MEASURES.—Sec- Nation’s transportation infrastructure; and section (b)(1); and tion 47504(a)(2) is amended— (3) recognizes the 1940 Air Terminal Mu- (3) subject to a requirement that funds (1) by striking ‘‘and’’ at the end of subpara- seum for its importance to the Nation in the made available under section 47117(e)(1)(A) graph (D); preservation and presentation of civil avia- with respect to real property assembled and (2) by striking the period at the end of sub- tion heritage and recognizes the importance redeveloped under subsection (b)(1) plus the paragraph (E) and inserting ‘‘; and’’; and of civil aviation to the Nation’s history and amount of any grants made for acquisition of (3) by adding at the end the following: economy. such property under section 47504 of such ‘‘(F) joint comprehensive land use plan- SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMI- title are repaid to the Administrator upon ning, including master plans, traffic studies, TATIONS APPLICABLE TO FLIGHT the sale of such property. environmental evaluation and economic and CREWMEMBERS. (d) COOPERATION WITH LOCAL AFFECTED JU- feasibility studies, with neighboring local ju- Not later than 180 days after the date of RISDICTION.—An airport operator may use risdictions undertaking community redevel- enactment of this Act, the Administrator of funds granted under this section for a pur- opment in the area where any land or other the Federal Aviation Administration shall pose described in subsection (b) only in co- property interest acquired by the airport op- initiate a rulemaking proceeding for the fol- operation with an affected local jurisdiction. erator under this subsection is located, to lowing purposes: (e) UNITED STATES GOVERNMENT SHARE.— encourage and enhance redevelopment op- (1) To require a flight crewmember who is (1) IN GENERAL.—The United States Gov- portunities that reflect zoning and uses that employed by an air carrier conducting oper- ernment share of the allowable costs of a will prevent the introduction of additional ations under part 121 of title 14, Code of Fed- project carried out under the pilot program incompatible uses and enhance redevelop- eral Regulations, and who accepts an addi- shall be 80 percent. ment potential.’’. tional assignment for flying under part 91 of (2) DETERMINATION.—In determining the al- SEC. 818. HELICOPTER OPERATIONS OVER LONG such title from the air carrier or from any lowable project costs of a project carried out ISLAND AND STATEN ISLAND, NEW other air carrier conducting operations under the pilot program for purposes of this YORK. under part 121 or 135 of such title, to apply subsection, the Administrator shall deduct (a) STUDY.—The Administrator of the Fed- the period of the additional assignment (re- from the total costs of the project that por- eral Aviation Administration shall conduct a gardless of whether the assignment is per- tion of the total costs of the project that are study on helicopter operations over Long Is- formed by the flight crewmember before or incurred with respect to real property that is land and Staten Island, New York. after an assignment to fly under part 121 of not owned or to be acquired by the airport (b) CONTENTS.—In conducting the study, such title) toward any limitation applicable operator pursuant to the noise compatibility the Administrator shall examine, at a min- to the flight crewmember relating to duty program for the airport or that is not owned imum, the following: periods or flight times under part 121 of such by an affected local jurisdiction or other (1) The effect of helicopter operations on title. public entity. residential areas, including— (2) To require a flight crewmember who is (3) MAXIMUM AMOUNT.—Not more than (A) safety issues relating to helicopter op- employed by an air carrier conducting oper- $5,000,000 in funds made available under sec- erations;

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5956 CONGRESSIONAL RECORD — HOUSE May 21, 2009 (B) noise levels relating to helicopter oper- eral shall conduct a study and submit a re- (3) Potential energy savings associated ations and ways to abate the noise levels; port to Congress regarding effective strate- with alternative lighting strategies, tech- and gies to alleviate congestion in the national nologies, and regulations. (C) any other issue relating to helicopter airspace at airports during peak travel (4) The feasibility of implementing alter- operations on residential areas. times, by evaluating the effectiveness of re- native lighting strategies or technologies. (2) The feasibility of diverting helicopters ducing flight schedules and staggering (5) Any other issue relating to wind tur- from residential areas. flights, developing incentives for airlines to bine lighting. (3) The feasibility of creating specific air reduce the number of flights offered, and in- (c) REPORT.—Not later than 180 days after lanes for helicopter operations. stituting slots and quotas at airports. In ad- the date of enactment of this Act, the Ad- (4) The feasibility of establishing altitude dition, the Comptroller General shall com- ministrator shall submit to Congress a re- limits for helicopter operations. pare the efficiency of implementing the port on the results of the study, including in- (c) EXCEPTIONS.—Any determination under strategies in the preceding sentence with re- formation and recommendations concerning this section on the feasibility of establishing designing airspace and evaluate any legal ob- the issues examined under subsection (b). limitations or restrictions for helicopter op- stacles to implementing such strategies. SEC. 825. LIMITING ACCESS TO FLIGHT DECKS OF erations over Long Island and Staten Island, SEC. 822. AIRLINE PERSONNEL TRAINING EN- ALL-CARGO AIRCRAFT. New York, shall not apply to helicopters per- HANCEMENT. (a) STUDY.—Not later than 180 days after forming operations for news organizations, Not later than one year after the date of the date of enactment of this Act, the Ad- the military, law enforcement, or providers enactment of this Act, the Secretary of ministrator of the Federal Aviation Admin- of emergency services. Transportation shall issue regulations under istration, in consultation with appropriate (d) LIMITATION ON STATUTORY CONSTRUC- chapter 447 of title 49, United States Code, air carriers, aircraft manufacturers, and air TION.—Nothing in this section shall be con- that require air carriers to provide initial carrier labor representatives, shall conduct a strued to interfere with the Federal Aviation and annual recurring training for flight at- study to identify a physical means, or a com- Administration’s authority to ensure the tendants and gate attendants regarding serv- bination of physical and procedural means, safe and efficient use of the national air- ing alcohol, dealing with disruptive pas- of limiting access to the flight decks of all- space system. sengers, and recognizing intoxicated persons. cargo aircraft to authorized flight crew (e) REPORT.—Not later than 6 months after The training shall include situational train- members. the date of the enactment of this Act, the ing on methods of handling an intoxicated (b) REPORT.—Not later than one year after Administrator shall submit to Congress a re- person who is belligerent. the date of enactment of this Act, the Ad- port on the results of the study, including in- ministrator shall submit to Congress a re- formation and recommendations concerning SEC. 823. STUDY ON FEASIBILITY OF DEVELOP- port on the results of the study. the issues examined under subsection (b). MENT OF A PUBLIC INTERNET WEB- BASED SEARCH ENGINE ON WIND SEC. 819. CABIN TEMPERATURE STANDARDS TITLE IX—FEDERAL AVIATION RESEARCH TURBINE INSTALLATION OBSTRUC- AND DEVELOPMENT STUDY. TION. (a) STUDY.—Not later than 6 months after (a) STUDY.—The Administrator of the Fed- SEC. 901. SHORT TITLE. the date of enactment of this Act, the Ad- eral Aviation Administration shall carry out This title may be cited as the ‘‘Federal ministrator of the Federal Aviation Admin- a study on the feasibility of developing a Aviation Research and Development Reau- istration shall conduct a study to determine publicly searchable, Internet Web-based re- thorization Act of 2009’’. whether onboard temperature standards are source that provides information regarding SEC. 902. DEFINITIONS. necessary to protect cabin and cockpit crew the acceptable height and distance that wind As used in this title, the following defini- members and passengers on an aircraft of an turbines may be installed in relation to avia- tion apply: air carrier used to provide air transportation tion sites and the level of obstruction such (1) ADMINISTRATOR.—The term ‘‘Adminis- from excessive heat onboard such aircraft turbines may present to such sites. trator’’ means the Administrator of the Fed- during standard operations or during an ex- (b) CONSIDERATIONS.—In conducting the eral Aviation Administration. cessive flight delay. study, the Administrator shall consult, if ap- (2) FAA.—The term ‘‘FAA’’ means the Fed- (b) TEMPERATURE REVIEW.—In conducting propriate, with the Secretaries of the Army, eral Aviation Administration. the study under subsection (a), the Adminis- Navy and Air Force, Homeland Security, Ag- (3) NASA.—The term ‘‘NASA’’ means the trator shall— riculture, and Energy to coordinate the re- National Aeronautics and Space Administra- (1) survey onboard cabin and cockpit tem- quirements of each agency for future air tion. peratures of a representative sampling of dif- space needs, determine what the acceptable (4) NATIONAL RESEARCH COUNCIL.—The term ferent aircraft types and operations; risks are to existing infrastructure of each ‘‘National Research Council’’ means the Na- (2) address the appropriate placement of agency, and define the different levels of risk tional Research Council of the National temperature monitoring devices onboard the for such infrastructure. Academies of Science and Engineering. aircraft to determine the most accurate (c) IMPACT OF WIND TURBINES ON RADAR (5) NOAA.—The term ‘‘NOAA’’ means the measurement of onboard temperature and SIGNALS.—In conducting the study, the Ad- National Oceanic and Atmospheric Adminis- develop a system for the reporting of exces- ministrator shall consider the impact of the tration. sive temperature onboard passenger aircraft operation of wind turbines, individually and (6) NSF.—The term ‘‘NSF’’ means the Na- by cockpit and cabin crew members; and in collections, on radar signals and evaluate tional Science Foundation. (3) review the impact of implementing such the feasibility of providing quantifiable (7) SECRETARY.—The term ‘‘Secretary’’ onboard temperature standards on the envi- measures of numbers of turbines and dis- means the Secretary of Transportation. ronment, fuel economy, and avionics and de- tance from radars that are acceptable. termine the costs associated with such im- SEC. 903. INTERAGENCY RESEARCH INITIATIVE (d) REPORT.—Not later than one year after plementation and the feasibility of using ON THE IMPACT OF AVIATION ON the date of enactment of this Act, the Sec- THE CLIMATE. ground equipment or other mitigation meas- retary shall submit a report on the results of (a) IN GENERAL.—The Administrator, in co- ures to offset any such costs. the study to the Committee on Transpor- ordination with NASA and the United States (c) REPORT TO CONGRESS.—Not later than 18 months after the date of enactment of this tation and Infrastructure, Committee on Climate Change Science Program, shall Act, the Administrator shall submit to Con- Homeland Security, Committee on Armed carry out a research initiative to assess the gress a report on the findings of the study. Services, Committee on Agriculture, and impact of aviation on the climate and, if Committee on Science and Technology of the warranted, to evaluate approaches to miti- SEC. 820. CIVIL PENALTIES TECHNICAL AMEND- MENTS. House of Representatives and the Committee gate that impact. Section 46301 is amended— on Commerce, Science, and Transportation, (b) RESEARCH PLAN.—Not later than one (1) in subsection (a)(1)(A) by inserting Committee on Homeland Security and Gov- year after the date of enactment of this Act, ‘‘chapter 451,’’ before ‘‘section 47107(b)’’; ernmental Affairs, Committee on Agri- the participating Federal entities shall (2) in subsection (a)(5)(A)(i)— culture, Nutrition, and Forestry, jointly develop a plan for the research pro- (A) by striking ‘‘or chapter 449’’ and insert- andCommittee on Armed Services of the gram that contains the objectives, proposed ing ‘‘chapter 449’’; and Senate. tasks, milestones, and 5-year budgetary pro- (B) by inserting after ‘‘44909)’’ the fol- SEC. 824. WIND TURBINE LIGHTING. file. lowing: ‘‘, or chapter 451’’; and (a) STUDY.—The Administrator of the Fed- SEC. 904. RESEARCH PROGRAM ON RUNWAYS. (3) in subsection (d)(2)— eral Aviation Administration shall conduct a (a) RESEARCH PROGRAM.—The Adminis- (A) by inserting after ‘‘44723)’’ the fol- study on wind turbine lighting systems. trator shall maintain a program of research lowing: ‘‘, chapter 451 (except section 45107)’’; (b) CONTENTS.—In conducting the study, grants to universities and nonprofit research and the Administrator shall examine the fol- foundations for research and technology (B) by inserting after ‘‘44909),’’ the fol- lowing: demonstrations related to— lowing: ‘‘section 45107 or’’. (1) The effect of wind turbine lighting on (1) improved runway surfaces; and SEC. 821. STUDY AND REPORT ON ALLEVIATING residential areas. (2) engineered material restraining sys- CONGESTION. (2) The safety issues associated with alter- tems for runways at both general aviation Not later than 18 months after the date of native lighting strategies, technologies, and airports and airports with commercial air enactment of this Act, the Comptroller Gen- regulations. carrier operations.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5957

(b) AUTHORIZATION OF APPROPRIATIONS.— nologies and methods to assess the risk of SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVI- There is authorized to be appropriated such and prevent defects, failures, and malfunc- RONMENT-RELATED RESEARCH sums as may be necessary for each of the fis- tions of products, parts, and processes, for PROGRAMS. cal years 2009 through 2012 to carry out this use in all classes of unmanned aircraft sys- (a) STUDY.—The Administrator shall enter section. tems that could result in a catastrophic fail- into an arrangement with the National Re- SEC. 905. RESEARCH ON DESIGN FOR CERTIFI- ure of the unmanned aircraft that would en- search Council for a review of the FAA’s CATION. danger other aircraft in the national air- energy- and environment-related research (a) ESTABLISHMENT OF PROGRAM.—Not later space system.’’. programs. The review shall assess whether— than 6 months after the date of enactment of (b) SYSTEMS, PROCEDURES, FACILITIES, AND (1) the programs have well-defined, this Act, the FAA, in consultation with DEVICES.—Section 44505(b) is amended— prioritized, and appropriate research objec- other agencies as appropriate, shall establish (1) in paragraph (4) by striking ‘‘and’’ after tives; a research program on methods to improve the semicolon; (2) the programs are properly coordinated both confidence in and the timeliness of cer- (2) in paragraph (5)(C) by striking the pe- with the energy- and environment-related re- tification of new technologies for their intro- riod at the end and inserting a semicolon; search programs of NASA, NOAA, and other duction into the national airspace system. and relevant agencies; (b) RESEARCH PLAN.—Not later than 1 year (3) by adding at the end the following: (3) the programs have allocated appro- after the date of enactment of this Act, as ‘‘(6) to develop a better understanding of priate resources to each of the research ob- part of the activity described in subsection the relationship between human factors and jectives; and (a), the FAA shall develop a plan for the re- unmanned aircraft systems safety; and (4) there exist suitable mechanisms for search program that contains the objectives, ‘‘(7) to develop dynamic simulation models transitioning the research results into the proposed tasks, milestones, and five-year for integrating all classes of unmanned air- FAA’s operational technologies and proce- budgetary profile. craft systems into the national airspace sys- dures and certification activities. (c) REVIEW.—The Administrator shall have tem without any degradation of existing lev- (b) REPORT.—A report containing the re- the National Research Council conduct an els of safety for all national airspace system sults of the review shall be provided to the independent review of the research program users.’’. Committee on Science and Technology of the plan and provide the results of that review to SEC. 909. RESEARCH GRANTS PROGRAM INVOLV- House of Representatives and the Committee the Committee on Science and Technology ING UNDERGRADUATE STUDENTS. on Commerce, Science, and Transportation and the Committee on Transportation and (a) IN GENERAL.—The Administrator shall of the Senate within 18 months of the enact- Infrastructure of the House of Representa- establish a program to utilize colleges and ment of this Act. tives and the Committee on Commerce, universities, including Historically Black Science, and Transportation of the Senate SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RE- Colleges and Universities, Hispanic serving not later than 18 months after the date of en- LATED RESEARCH PROGRAMS. institutions, tribally controlled colleges and actment of this Act. universities, and Alaska Native and Native (a) REVIEW.—The Administrator shall enter SEC. 906. CENTERS OF EXCELLENCE. Hawaiian serving institutions in conducting into an arrangement with the National Re- (a) GOVERNMENT’S SHARE OF COSTS.—Sec- research by undergraduate students on sub- search Council for an independent review of tion 44513(f) is amended to read as follows: jects of relevance to the FAA. Grants may be the FAA’s aviation safety-related research ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The awarded under this section for— programs. The review shall assess whether— United States Government’s share of estab- (1) research projects to be carried out pri- (1) the programs have well-defined, lishing and operating the center and all re- marily by undergraduate students; prioritized, and appropriate research objec- lated research activities that grant recipi- (2) research projects that combine under- tives; ents carry out shall not exceed 75 percent of graduate research with other research sup- (2) the programs are properly coordinated the costs. The United States Government’s ported by the FAA; with the safety research programs of NASA share of an individual grant under this sec- (3) research on future training require- and other relevant Federal agencies; tion shall not exceed 90 percent of the ments related to projected changes in regu- (3) the programs have allocated appro- costs.’’. latory requirements for aircraft mainte- priate resources to each of the research ob- (b) ANNUAL REPORT.—The Administrator nance and power plant licensees; and jectives; and shall transmit annually to the Committee on (4) research on the impact of new tech- (4) there exist suitable mechanisms for Science and Technology and the Committee nologies and procedures, particularly those transitioning the research results from the on Transportation and Infrastructure of the related to aircraft flight deck and air traffic programs into the FAA’s operational tech- House of Representatives and the Committee management functions, and on training re- nologies and procedures and certification ac- on Commerce, Science, and Transportation quirements for pilots and air traffic control- tivities in a timely manner. of the Senate at the time of the President’s lers. (b) AVIATION SAFETY-RELATED RESEARCH budget request a report that lists— (b) AUTHORIZATION OF APPROPRIATIONS.— PROGRAMS TO BE ASSESSED.—The FAA avia- (1) the research projects that have been There is authorized to be appropriated tion safety-related research programs to be initiated by each Center of Excellence in the $5,000,000 for each of the fiscal years 2009 assessed under the review shall include, at a preceding year; through 2012, for research grants under this minimum, the following: (2) the amount of funding for each research section. (1) Air traffic control/technical operations project and the funding source; human factors. (3) the institutions participating in each SEC. 910. AVIATION GAS RESEARCH AND DEVEL- (2) Runway incursion reduction. project and their shares of the overall fund- OPMENT PROGRAM. (3) Flightdeck/maintenance system inte- ing for each research project; and (a) CONTINUATION OF PROGRAM.—The Ad- gration human factors. (4) the level of cost-sharing for each re- ministrator, in coordination with the NASA (4) Airports technology research—safety. search project. Administrator, shall continue research and development activities into technologies for (5) Airport cooperative research program— SEC. 907. AIRPORT COOPERATIVE RESEARCH safety. PROGRAM. modification of existing general aviation pis- (6) Weather program. Section 44511(f) is amended— ton engines to enable their safe operation (7) Atmospheric hazards/digital system (1) in paragraph (1) by striking ‘‘establish a using unleaded aviation fuel. safety. 4-year pilot’’ and inserting ‘‘maintain an’’; (b) ROADMAP.—Not later than 120 days (8) Fire research and safety. and after the date of enactment of this Act, the (9) Propulsion and fuel systems. (2) in paragraph (4)— Administrator shall develop a research and (10) Advanced materials/structural safety. (A) by striking ‘‘expiration of the pro- development roadmap for the program con- (11) Aging aircraft. gram’’ and inserting ‘‘expiration of the pilot tinued in subsection (a), containing the spe- (12) Aircraft catastrophic failure preven- program’’; and cific research and development objectives tion research. (B) by striking ‘‘program, including rec- and the anticipated timetable for achieving (13) Aeromedical research. ommendations as to the need for estab- the objectives. (14) Aviation safety risk analysis. lishing a permanent airport cooperative re- (c) REPORT.—Not later than 130 days after (15) Unmanned aircraft systems research. search program’’ and inserting ‘‘program’’. the date of enactment of this Act, the Ad- SEC. 908. UNMANNED AIRCRAFT SYSTEMS. ministrator shall provide the roadmap speci- (c) REPORT.—Not later than 14 months (a) RESEARCH INITIATIVE.—Section 44504(b) fied in subsection (b) to the Committee on after the date of enactment of this Act, the is amended— Science and Technology of the House of Rep- Administrator shall submit to Congress a re- (1) in paragraph (6) by striking ‘‘and’’ after resentatives and the Committee on Com- port on the results of the review. the semicolon; merce, Science, and Transportation of the (d) AUTHORIZATION OF APPROPRIATIONS.—In (2) in paragraph (7) by striking the period Senate. addition to amounts authorized to be appro- at the end and inserting ‘‘; and’’; and (d) AUTHORIZATION OF APPROPRIATIONS.— priated by the amendments made by this (3) by adding at the end the following: There is authorized to be appropriated Act, there is authorized to be appropriated ‘‘(8) in conjunction with other Federal $750,000 for each of the fiscal years 2009 $700,000 for fiscal year 2009 to carry out this agencies, as appropriate, to develop tech- through 2012 to carry out this section. section.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5958 CONGRESSIONAL RECORD — HOUSE May 21, 2009 SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE the Administrator such sums as may be nec- (1) by striking ‘‘kerosene’’ and inserting JET FUEL TECHNOLOGY FOR CIVIL essary to carry out this section. Such sums ‘‘aviation-grade kerosene’’, AIRCRAFT. shall remain available until expended. (2) by striking ‘‘section 4081(a)(2)(A)(iii)’’ (a) ESTABLISHMENT OF RESEARCH PRO- and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and GRAM.—Using amounts made available under TITLE X—AIRPORT AND AIRWAY TRUST (3) by striking ‘‘KEROSENE’’ in the heading section 48102(a) of title 49, United States FUND FINANCING and inserting ‘‘AVIATION-GRADE KEROSENE’’. Code, the Secretary of Transportation shall SEC. 1001. SHORT TITLE. conduct a research program related to devel- This title may be cited as the ‘‘Airport and (d) RETAIL TAX ON AVIATION FUEL.— oping jet fuel from alternative sources (such Airway Trust Fund Financing Act of 2009’’. (1) EXEMPTION FOR PREVIOUSLY TAXED as coal, natural gas, biomass, ethanol, buta- SEC. 1002. EXTENSION AND MODIFICATION OF FUEL.—Paragraph (2) of section 4041(c) of nol, and hydrogen) through grants or other TAXES FUNDING AIRPORT AND AIR- such Code is amended by inserting ‘‘at the measures authorized under section 106(l)(6) of WAY TRUST FUND. rate specified in subsection (a)(2)(A)(iv) such title, including reimbursable agree- (a) RATE OF TAX ON AVIATION-GRADE KER- thereof’’ after ‘‘section 4081’’. ments with other Federal agencies. OSENE AND AVIATION GASOLINE.— (2) RATE OF TAX.—Paragraph (3) of section (b) PARTICIPATION BY EDUCATIONAL AND RE- (1) AVIATION-GRADE KEROSENE.—Subpara- 4041(c) of such Code is amended to read as SEARCH INSTITUTIONS.—In conducting the graph (A) of section 4081(a)(2) of the Internal follows: program, the Secretary shall provide for par- Revenue Code of 1986 (relating to rates of ‘‘(3) RATE OF TAX.—The rate of tax imposed ticipation by educational and research insti- tax) is amended by striking ‘‘and’’ at the end by this subsection shall be the rate of tax in tutions that have existing facilities and ex- of clause (ii), by striking the period at the effect under section 4081(a)(2)(A)(iv) (4.3 perience in the development and deployment end of clause (iii) and inserting ‘‘, and’’, and cents per gallon with respect to any sale or of technology for alternative jet fuels. by adding at the end the following new use for commercial aviation).’’. (c) DESIGNATION OF INSTITUTE AS A CENTER clause: (e) REFUNDS RELATING TO AVIATION-GRADE OF EXCELLENCE.—Not later than 6 months ‘‘(iv) in the case of aviation-grade ker- KEROSENE.— after the date of enactment of this Act, the osene, 35.9 cents per gallon.’’. Administrator of the Federal Aviation Ad- (1) KEROSENE USED IN COMMERCIAL AVIA- (2) AVIATION GASOLINE.—Clause (ii) of sec- TION.—Clause (ii) of section 6427(l)(4)(A) of ministration shall designate an institution tion 4081(a)(2)(A) of such Code is amended by described in subsection (a) as a Center of Ex- such Code is amended by striking ‘‘specified striking ‘‘19.3 cents’’ and inserting ‘‘24.1 cellence for Alternative Jet Fuel Research. in section 4041(c) or 4081(a)(2)(A)(iii), as the cents’’. SEC. 914. CENTER FOR EXCELLENCE IN AVIATION case may be,’’ and inserting ‘‘so imposed’’. (3) FUEL REMOVED DIRECTLY INTO FUEL TANK EMPLOYMENT. (2) KEROSENE USED IN AVIATION.—Paragraph OF AIRPLANE USED IN NONCOMMERCIAL AVIA- (a) ESTABLISHMENT.—The Administrator (4) of section 6427(l) of such Code is amend- TION.—Subparagraph (C) of section 4081(a)(2) shall establish a Center for Excellence in ed— of such Code is amended to read as follows: Aviation Employment (in this section re- (A) by striking subparagraph (B) and redes- ‘‘(C) TAXES IMPOSED ON FUEL USED IN COM- ferred to as the ‘‘Center’’). ignating subparagraph (C) as subparagraph MERCIAL AVIATION.—In the case of aviation- (b) APPLIED RESEARCH AND TRAINING.—The (B), and grade kerosene which is removed from any Center shall conduct applied research and (B) by amending subparagraph (B), as re- refinery or terminal directly into the fuel training on— designated by subparagraph (A), to read as tank of an aircraft for use in commercial (1) human performance in the air transpor- follows: aviation by a person registered for such use tation environment; ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED under section 4101, the rate of tax under sub- (2) air transportation personnel, including VENDOR.—With respect to any kerosene used paragraph (A)(iv) shall be 4.3 cents per gal- air traffic controllers, pilots, and techni- in aviation (other than kerosene to which lon.’’. cians; and paragraph (6) applies), if the ultimate pur- (4) CONFORMING AMENDMENTS.— (3) any other aviation human resource chaser of such kerosene waives (at such time (A) Clause (iii) of section 4081(a)(2)(A) of issues pertinent to developing and maintain- and in such form and manner as the Sec- such Code is amended by inserting ‘‘other ing a safe and efficient air transportation retary shall prescribe) the right to payment than aviation-grade kerosene’’ after ‘‘ker- system. under paragraph (1) and assigns such right to (c) DUTIES.—The Center shall— osene’’. the ultimate vendor, then the Secretary (1) in conjunction with the Collegiate (B) The following provisions of such Code shall pay (without interest) the amount Training Initiative and other air traffic con- are each amended by striking ‘‘kerosene’’ which would be paid under paragraph (1) to troller training programs, develop, imple- and inserting ‘‘aviation-grade kerosene’’: such ultimate vendor, but only if such ulti- ment, and evaluate a comprehensive, best- (i) Section 4081(a)(3)(A)(ii). mate vendor— practices based training program for air traf- (ii) Section 4081(a)(3)(A)(iv). ‘‘(i) is registered under section 4101, and fic controllers; (iii) Section 4081(a)(3)(D). ‘‘(ii) meets the requirements of subpara- (2) work with the Office of Human Re- (C) Section 4081(a)(3)(D) of such Code is graph (A), (B), or (D) of section 6416(a)(1).’’. source Management of the FAA as that of- amended— (3) AVIATION-GRADE KEROSENE NOT USED IN fice develops and implements a strategic re- (i) by striking ‘‘paragraph (2)(C)(i)’’ in AVIATION.—Subsection (l) of section 6427 of cruitment and marketing program to help clause (i) and inserting ‘‘paragraph (2)(C)’’, such Code is amended by redesignating para- the FAA compete for the best qualified em- and graph (5) as paragraph (6) and by inserting ployees and incorporate an employee value (ii) by striking ‘‘paragraph (2)(C)(ii)’’ in after paragraph (4) the following new para- proposition process that results in attracting clause (ii) and inserting ‘‘paragraph graph: a broad-based and diverse aviation workforce (2)(A)(iv)’’. ‘‘(5) REFUNDS FOR AVIATION-GRADE KER- in mission critical positions, including air (D) Section 4081(a)(4) of such Code is OSENE NOT USED IN AVIATION.—If tax has been traffic controller, aviation safety inspector, amended— imposed under section 4081 at the rate speci- airway transportation safety specialist, and (i) by striking ‘‘paragraph (2)(C)(i)’’ and in- fied in section 4081(a)(2)(A)(iv) and the fuel is engineer; serting ‘‘paragraph (2)(C)’’, and used other than in an aircraft, the Secretary (3) through industry surveys and other re- (ii) by striking ‘‘KEROSENE’’ in the heading shall pay (without interest) to the ultimate search methodologies and in partnership and inserting ‘‘AVIATION-GRADE KEROSENE’’. purchaser of such fuel an amount equal to with the ‘‘Taskforce on the Future of the (E) Section 4081(d)(2) of such Code is the amount of tax imposed on such fuel re- Aerospace Workforce’’ and the Secretary of amended by inserting ‘‘, (a)(2)(A)(iv),’’ after duced by the amount of tax that would be Labor, establish a baseline of general avia- ‘‘subsections (a)(2)(A)(ii)’’. imposed under section 4041 if no tax under tion employment statistics for purposes of (b) EXTENSION.— section 4081 had been imposed.’’. projecting and anticipating future workforce (1) FUELS TAXES.—Paragraph (2) of section (4) CONFORMING AMENDMENTS.— needs and demonstrating the economic im- 4081(d) of such Code is amended by striking (A) Section 6427(i)(4) of such Code is pact of general aviation employment; ‘‘gallon—’’ and all that follows and inserting amended— (4) conduct a comprehensive analysis of the ‘‘gallon after September 30, 2012’’. (i) by striking ‘‘paragraph (4)(C) or (5)’’ airframe and powerplant technician certifi- (2) TAXES ON TRANSPORTATION OF PERSONS both places it appears and inserting ‘‘para- cation process and employment trends for AND PROPERTY.— graph (4)(B) or (6)’’, and maintenance repair organization facilities, (A) PERSONS.—Clause (ii) of section (ii) by striking ‘‘, (l)(4)(C)(ii), and (l)(5)’’ certificated repair stations, and general 4261(j)(1)(A) of such Code is amended by and inserting ‘‘and (l)(6)’’. aviation maintenance organizations; striking ‘‘September 30, 2009’’ and inserting (B) Section 6427(l)(1) of such Code is (5) establish a best practices model in avia- ‘‘September 30, 2012’’. amended by striking ‘‘paragraph (4)(C)(i)’’ tion maintenance technician school environ- (B) PROPERTY.—Clause (ii) of section and inserting ‘‘paragraph (4)(B)(i)’’. ments; and 4271(d)(1)(A) of such Code is amended by (C) Section 4082(d)(2)(B) of such Code is (6) establish a workforce retraining pro- striking ‘‘September 30, 2009’’ and inserting amended by striking ‘‘6427(l)(5)(B)’’ and in- gram to allow for transition of recently un- ‘‘September 30, 2012’’. serting ‘‘6427(l)(6)(B)’’. employed and highly skilled mechanics into (c) EXEMPTION FOR AVIATION-GRADE KER- aviation employment. OSENE REMOVED INTO AN AIRCRAFT.—Sub- (f) AIRPORT AND AIRWAY TRUST FUND.— (d) AUTHORIZATION OF APPROPRIATIONS.— section (e) of section 4082 of such Code is (1) EXTENSION OF TRUST FUND AUTHORI- There are authorized to be appropriated to amended— TIES.—

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.050 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5959

(A) EXPENDITURES FROM TRUST FUND.— (1) MODIFICATIONS.—Except as provided in (II) CONTROLLED GROUP.—The term ‘‘con- Paragraph (1) of section 9502(d) of such Code paragraph (2), the amendments made by this trolled group’’ has the meaning given to such is amended— section shall apply to fuels removed, entered, term by subsection (a) of section 1563 of such (i) by striking ‘‘October 1, 2009’’ in the or sold after December 31, 2009. Code; except that for such purposes the matter preceding subparagraph (A) and in- (2) EXTENSIONS.—The amendments made by phrase ‘‘more than 50 percent’’ shall be sub- serting ‘‘October 1, 2012’’, and subsections (b) and (f)(1) shall take effect on stituted for the phrase ‘‘at least 80 percent’’ (ii) by inserting ‘‘or the FAA Reauthoriza- the date of the enactment of this Act. each place it appears in such subsection. tion Act of 2009’’ before the semicolon at the (h) FLOOR STOCKS TAX.— (ii) NONINCORPORATED PERSONS UNDER COM- end of subparagraph (A). (1) IMPOSITION OF TAX.—In the case of avia- MON CONTROL.—Under regulations prescribed (B) LIMITATION ON TRANSFERS TO TRUST tion fuel which is held on January 1, 2010, by by the Secretary, principles similar to the FUND.—Paragraph (2) of section 9502(e) of any person, there is hereby imposed a floor principles of subparagraph (A) shall apply to such Code is amended by striking ‘‘October 1, stocks tax on aviation fuel equal to— a group of persons under common control if 2009’’ and inserting ‘‘October 1, 2012’’. (A) the tax which would have been imposed 1 or more of such persons is not a corpora- (2) TRANSFERS TO TRUST FUND.—Subpara- before such date on such fuel had the amend- tion. graph (C) of section 9502(b)(1) of such Code is ments made by this section been in effect at (7) OTHER LAWS APPLICABLE.—All provi- amended to read as follows: all times before such date, reduced by sions of law, including penalties, applicable ‘‘(C) section 4081 with respect to aviation (B) the sum of— with respect to the taxes imposed by section gasoline and aviation-grade kerosene, and’’. (i) the tax imposed before such date on 4081 of such Code on the aviation fuel in- (3) TRANSFERS ON ACCOUNT OF CERTAIN RE- such fuel under section 4081 of the Internal volved shall, insofar as applicable and not in- FUNDS.— Revenue Code of 1986, as in effect on such consistent with the provisions of this sub- (A) IN GENERAL.—Subsection (d) of section date, and section, apply with respect to the floor stock 9502 of such Code is amended— (ii) in the case of kerosene held exclusively taxes imposed by paragraph (1) to the same (i) by striking ‘‘(other than subsection for such person’s own use, the amount which extent as if such taxes were imposed by such (l)(4) thereof)’’ in paragraph (2), and such person would (but for this clause) rea- section. (ii) by striking ‘‘(other than payments sonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code The CHAIR. No further amendment made by reason of paragraph (4) of section to the bill, as amended, is in order ex- 6427(l))’’ in paragraph (3). with respect to such kerosene. (2) LIABILITY FOR TAX AND METHOD OF PAY- cept those printed in part C of the re- (B) CONFORMING AMENDMENTS.— MENT.— (i) Section 9503(b)(4) of such Code is amend- port. Each further amendment may be (A) LIABILITY FOR TAX.—A person holding ed by striking ‘‘or’’ at the end of subpara- offered only in the order printed in the aviation fuel on January 1, 2010, shall be lia- graph (C), by striking the period at the end report, by a Member designated in the ble for such tax. of subparagraph (D) and inserting a comma, report, shall be considered read, shall (B) TIME AND METHOD OF PAYMENT.—The and by inserting after subparagraph (D) the tax imposed by paragraph (1) shall be paid on be debatable for the time specified in following: April 30, 2010, and in such manner as the Sec- the report, equally divided and con- ‘‘(E) section 4081 to the extent attributable retary of the Treasury shall prescribe. trolled by the proponent and an oppo- to the rate specified in clause (ii) or (iv) of (3) TRANSFER OF FLOOR STOCK TAX REVE- section 4081(a)(2)(A), or nent, shall not be subject to amend- NUES TO TRUST FUNDS.—For purposes of de- ‘‘(F) section 4041(c).’’. ment, and shall not be subject to a de- termining the amount transferred to the Air- mand for division of the question. (ii) Section 9503(c) of such Code is amended port and Airway Trust Fund, the tax im- AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR by striking the last paragraph (relating to posed by this subsection shall be treated as transfers from the Trust Fund for certain imposed by the provision of section 4081 of The Acting CHAIR (Mr. JACKSON of aviation fuel taxes). the Internal Revenue Code of 1986 which ap- Illinois). It is now in order to consider (iii) Section 9502(a) of such Code is amend- plies with respect to the aviation fuel in- amendment No. 1 printed in part C of ed by striking ‘‘, section 9503(c)(7),’’. volved. House Report 111–126. (4) TRANSFERS ON ACCOUNT OF AVIATION- (4) DEFINITIONS.—For purposes of this sub- Mr. OBERSTAR. Mr. Chairman, I GRADE KEROSENE NOT USED IN AVIATION.—Sec- section— tion 9502(d) of such Code is amended by add- have an amendment at the desk. (A) AVIATION FUEL.—The term ‘‘aviation The Acting CHAIR. The Clerk will ing at the end the following new paragraph: fuel’’ means aviation-grade kerosene and ‘‘(7) TRANSFERS FROM AIRPORT AND AIRWAY aviation gasoline, as such terms are used designate the amendment. TRUST FUND ON ACCOUNT OF AVIATION-GRADE within the meaning of section 4081 of the In- The text of the amendment is as fol- KEROSENE NOT USED IN AVIATION.—The Sec- ternal Revenue Code of 1986. lows: retary of the Treasury shall pay from time (B) HELD BY A PERSON.—Aviation fuel shall Amendment No. 1 offered by Mr. OBER- to time from the Airport and Airway Trust be considered as held by a person if title STAR: Fund into the Highway Trust Fund amounts thereto has passed to such person (whether Page 6, strike line 18. as determined by the Secretary of the Treas- or not delivery to the person has been made). Page 6, line 19, strike ‘‘(2)’’ and insert ury equivalent to amounts transferred to the (C) SECRETARY.—The term ‘‘Secretary’’ ‘‘(1)’’. Airport and Airway Trust Fund with respect means the Secretary of the Treasury or the Page 6, line 20, strike ‘‘(3)’’ and insert to aviation-grade kerosene not used in avia- Secretary’s delegate. ‘‘(2)’’. tion.’’. (5) EXCEPTION FOR EXEMPT USES.—The tax Page 6, line 21, strike ‘‘(4)’’ and insert (5) EXPENDITURES FOR AIR TRAFFIC CONTROL imposed by paragraph (1) shall not apply to ‘‘(3)’’. MODERNIZATION.—Section 9502(d) of such any aviation fuel held by any person exclu- Page 7, line 7, strike ‘‘2009’’ and insert Code, as amended by this title, is amended sively for any use to the extent a credit or ‘‘2010’’. by adding at the end the following new para- refund of the tax is allowable under the In- Page 7, line 12, strike ‘‘2009’’ and insert graph: ternal Revenue Code of 1986 for such use. ‘‘2010’’. Page 7, line 16, strike ‘‘March 31’’ and in- ‘‘(8) EXPENDITURES FOR AIR TRAFFIC CON- (6) EXCEPTION FOR CERTAIN AMOUNTS OF sert ‘‘September 30’’. TROL MODERNIZATION.—The following FUEL.— Page 7, after line 17, insert the following: amounts may be used only for making ex- (A) IN GENERAL.—No tax shall be imposed (d) RESCISSION OF UNOBLIGATED BAL- penditures to carry out air traffic control by paragraph (1) on any aviation fuel held on ANCES.—Of the amounts authorized under modernization: January 1, 2010, by any person if the aggre- ‘‘(A) So much of the amounts appropriated sections 48103 and 48112 of title 49, United gate amount of such aviation fuel held by States Code, for fiscal year 2009, $305,500,000 under subsection (b)(1)(C) as the Secretary such person on such date does not exceed estimates are attributable to— are hereby rescinded. Of the unobligated bal- 2,000 gallons. The preceding sentence shall ances from funds available under such sec- ‘‘(i) 14.1 cents per gallon of the tax imposed apply only if such person submits to the Sec- at the rate specified in section tions for fiscal years prior to fiscal year 2009, retary (at the time and in the manner re- $102,000,000 are hereby rescinded. 4081(a)(2)(A)(iv) in the case of aviation-grade quired by the Secretary) such information as kerosene used other than in commercial Page 7, strike line 22. the Secretary shall require for purposes of Page 7, line 23, strike ‘‘(2)’’ and insert aviation (as defined in section 4083(b)), and this subparagraph. ‘‘(1)’’. ‘‘(ii) 4.8 cents per gallon of the tax imposed (B) EXEMPT FUEL.—For purposes of sub- Page 7, line 24, strike ‘‘(3)’’ and insert at the rate specified in section paragraph (A), there shall not be taken into ‘‘(2)’’. 4081(a)(2)(A)(ii) in the case of aviation gaso- account any aviation fuel held by any person Page 7, line 25, strike ‘‘(4)’’ and insert line used other than in commercial aviation which is exempt from the tax imposed by ‘‘(3)’’. (as so defined). paragraph (1) by reason of paragraph (6). Page 8, line 6, strike ‘‘2009’’ and insert ‘‘(B) Any amounts credited to the Airport (C) CONTROLLED GROUPS.—For purposes of ‘‘2010’’. and Airway Trust Fund under section 9602(b) this subsection— Page 8, line 12, strike ‘‘2009’’ and insert with respect to amounts described in this (i) CORPORATIONS.— ‘‘2010’’. paragraph.’’. (I) IN GENERAL.—All persons treated as a Page 9, line 9, strike ‘‘2009’’ and insert (g) EFFECTIVE DATE.— controlled group shall be treated as 1 person. ‘‘2010’’.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.051 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5960 CONGRESSIONAL RECORD — HOUSE May 21, 2009

Page 9, line 13, strike ‘‘$10,000,000 for fiscal ‘‘(4) DEFINITIONS.—In this subsection, the and women-owned businesses in airport re- year 2009,’’. following definitions apply: lated industries; Page 9, lines 19 and 20, strike ‘‘$50,000,000 ‘‘(A) AIRPORT CONCESSIONS DISADVANTAGED (C) research compiling anecdotal reports of for fiscal year 2009,’’. BUSINESS ENTERPRISE.—The term ‘airport discrimination by individual minority and Page 10, line 1, strike ‘‘$41,400,000 for fiscal concessions disadvantaged business enter- women business owners; year 2009,’’. prise’ has the meaning given that term in (D) individual reports of discrimination by Page 10, lines 6 and 7, strike ‘‘$28,000,000 for part 23 of title 49, Code of Federal Regula- minority and women business owners and fiscal year 2009,’’. tions (or a successor regulation). the organizations and individuals who rep- Page 10, line 13, strike ‘‘$76,000,000 for fiscal ‘‘(B) DISADVANTAGED BUSINESS ENTER- resent minority and women business owners; year 2009,’’. PRISE.—The term ‘disadvantaged business en- (E) analyses demonstrating significant re- Page 10, lines 18 and 19, strike ‘‘$21,900,000 terprise’ has the meaning given that term in ductions in the participation of minority and for fiscal year 2009,’’. part 26 of title 49, Code of Federal Regula- women businesses in jurisdictions that have Page 11, strike line 6. tions (or a successor regulation).’’. reduced or eliminated their minority- and Page 11, line 7, strike ‘‘(B)’’ and insert Page 30, line 13, strike ‘‘May 1, 2009’’ and women-owned business programs; ‘‘(A)’’. insert ‘‘September 1, 2009’’. (F) statistical analyses showing significant Page 11, line 8, strike ‘‘(C)’’ and insert Page 42, strike line 9 and all that follows disparities in the credit available to ‘‘(B)’’. through line 5 on page 44 (with the correct minority- and women-owned businesses; Page 11, line 10, strike ‘‘(D)’’ and insert sequential provision designations [replacing (G) research and statistical analyses dem- the numbers currently shown for such des- ‘‘(C)’’. onstrating how discrimination negatively ignations]) and conform the table of contents Page 11, line 17, strike ‘‘2009’’ and insert impacts firm formation, growth, and success; ‘‘2010’’. accordingly. Page 44, line 15, strike ‘‘1632’’ and insert (H) experience of airports and other local- Page 12, line 6, strike ‘‘2009’’ and insert ‘‘632’’. ities demonstrating that race- and gender- ‘‘2010’’. Page 44, strike line 17 and all that follows neutral efforts alone are insufficient to rem- Page 12, line 15, strike ‘‘2009,’’. through line 14 on page 45 and insert the fol- edy discrimination; and Page 13, strike line 3 and all that follows lowing (with the correct sequential provision (I) other qualitative and quantitative evi- through line 19 on page 14. designations [replacing the numbers cur- dence of discrimination against minority- Page 14, line 20, strike ‘‘(14)’’ and insert rently shown for such designations]) and and women-owned businesses in airport-re- ‘‘(13)’’. conform the table of contents accordingly: lated industries. Page 16, line 12, strike ‘‘(15)’’ and insert SEC. 138. AIRPORT DISADVANTAGED BUSINESS (6) All of this evidence provides a strong ‘‘(14)’’. ENTERPRISE PROGRAM. basis for the continuation of the airport dis- Page 18, line 6, strike ‘‘(16)’’ and insert (a) PURPOSE.—It is the purpose of the air- advantaged business enterprise program and ‘‘(15)’’. port disadvantaged business program to en- the airport concessions disadvantaged busi- Page 20, lines 10 and 11, strike ‘‘in each of sure that minority- and women-owned busi- ness enterprise program. fiscal years 2009 and 2010,’’ and insert ‘‘in fis- nesses have a full and fair opportunity to (7) Congress has received and reviewed re- cal year 2010,’’. compete in federally assisted airport con- cent comprehensive and compelling evidence Page 27, after line 4, insert the following tracts and concessions and to ensure that the of discrimination from many different (with the correct sequential provision des- Federal Government does not subsidize dis- sources, including congressional hearings ignations [replacing the numbers currently crimination in private or locally funded air- and roundtables, scientific reports, reports shown for such designations]) and conform port-related industries. issued by public and private agencies, news the table of contents accordingly: (b) FINDINGS.—Congress finds the fol- stories, reports of discrimination by organi- SEC. 115. PARTICIPATION OF DISADVANTAGED lowing: zations and individuals, and discrimination BUSINESS ENTERPRISES IN CON- (1) While significant progress has occurred lawsuits. TRACTS, SUBCONTRACTS, AND BUSI- due to the enactment of the airport dis- NESS OPPORTUNITIES FUNDED advantaged business enterprise program (49 (c) DISADVANTAGED BUSINESS ENTERPRISE USING PASSENGER FACILITY REVE- U.S.C. 47107(e) and 47113), discrimination con- PERSONAL NET WORTH CAP; BONDING RE- NUES AND IN AIRPORT CONCES- tinues to be a significant barrier for QUIREMENTS.—Section 47113 is amended by SIONS. minority- and women-owned businesses seek- adding at the end the following: Section 40117 (as amended by this Act) is ing to do business in airport-related mar- ‘‘(e) PERSONAL NET WORTH CAP.— further amended by adding at the end the kets. This continuing discrimination merits ‘‘(1) REGULATIONS.—Not later than 180 days following: the continuation of the airport disadvan- after the date of enactment of this sub- ‘‘(o) PARTICIPATION BY DISADVANTAGED taged business enterprise program. section, the Secretary shall issue final regu- BUSINESS ENTERPRISES.— (2) Discrimination poses serious barriers to lations to adjust the personal net worth cap ‘‘(1) APPLICABILITY OF REQUIREMENTS.—Ex- the full participation in airport-related busi- used in determining whether an individual is cept to the extent otherwise provided by the nesses of women business owners and minor- economically disadvantaged for purposes of Secretary, requirements relating to dis- ity business owners, including African Amer- qualifying under the definition contained in advantaged business enterprises, as set forth icans, Hispanic Americans, Asian Americans, subsection (a)(2) and under section 47107(e). in parts 23 and 26 of title 49, Code of Federal and Native Americans. The regulations shall correct for the impact Regulations (or a successor regulation), shall (3) Discrimination impacts minority and of inflation since the Small Business Admin- apply to an airport collecting passenger fa- women business owners in every geographic istration established the personal net worth cility revenue. region of the United States and in every air- cap at $750,000 in 1989. ‘‘(2) REGULATIONS.—The Secretary shall port-related industry. ‘‘(2) ANNUAL ADJUSTMENT.—Following the issue any regulations necessary to imple- (4) Discrimination has impacted many as- initial adjustment under paragraph (1), the ment this subsection, including— pects of airport-related business, including— Secretary shall adjust, on June 30 of each ‘‘(A) goal setting requirements for an eligi- (A) the availability of venture capital and year thereafter, the personal net worth cap ble agency to ensure that contracts, sub- credit; to account for changes, occurring in the pre- contracts, and business opportunities funded (B) the availability of bonding and insur- ceding 12-month period, in the Consumer using passenger facility revenues, and air- ance; Price Index of All Urban Consumers (United port concessions, are awarded consistent (C) the ability to obtain licensing and cer- States city average, all items) published by with the levels of participation of disadvan- tification; the Secretary of Labor. taged business enterprises and airport con- (D) public and private bidding and quoting cessions disadvantaged business enterprises procedures; ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— that would be expected in the absence of dis- (E) the pricing of supplies and services; ‘‘(1) IN GENERAL.—In calculating a business crimination; (F) business training, education, and ap- owner’s personal net worth, any funds held ‘‘(B) provision for an assurance that re- prenticeship programs; and in a qualified retirement account owned by quires that an eligible agency will not dis- (G) professional support organizations and the business owner shall be excluded, subject criminate on the basis of race, color, na- informal networks through which business to regulations to be issued by the Secretary. tional origin, or sex in the award and per- opportunities are often established. ‘‘(2) REGULATIONS.—Not later than one formance of any contract funded using pas- (5) Congress has received voluminous evi- year after the date of enactment of this sub- senger facility revenues; and dence of discrimination against minority section, the Secretary shall issue final regu- ‘‘(C) a requirement that an eligible agency and women business owners in airport-re- lations to implement paragraph (1), includ- will take all necessary and reasonable steps lated industries, including— ing consideration of appropriate safeguards, to ensure nondiscrimination in the award (A) statistical analyses demonstrating sig- such as a limit on the amount of such ac- and administration of contracts funded using nificant disparities in the utilization of counts, to prevent circumvention of personal passenger facility revenues. minority- and women-owned businesses in net worth requirements. ‘‘(3) EFFECTIVE DATE.—Paragraph (1) shall federally and locally funded airport related ‘‘(g) PROHIBITION ON EXCESSIVE OR DIS- take effect on the day following the date on contracting; CRIMINATORY BONDING REQUIREMENTS.— which the Secretary issues final regulations (B) statistical analyses of private sector ‘‘(1) IN GENERAL.—The Secretary shall es- under paragraph (2). disparities in business success by minority- tablish a program to eliminate barriers to

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5961 small business participation in airport-re- for the portion of fiscal year 2009 ending be- ‘‘(C) establishment of training standards lated contracts and concessions by prohib- fore April 1, 2009,’’ and insert ‘‘October 1, in— iting excessive, unreasonable, or discrimina- 2009,’’. ‘‘(i) crew resource management; tory bonding requirements for any project Page 76, line 12, strike ‘‘and’’ at the end. ‘‘(ii) flight risk evaluation; funded under this chapter or using passenger Page 76, after line 12, insert the following: ‘‘(iii) preventing controlled flight into ter- facility revenues under section 40117. (C) a description of possible options for ex- rain; ‘‘(2) REGULATIONS.—Not later than one panding surveillance coverage beyond the ‘‘(iv) recovery from inadvertent flight into year after the date of enactment of this sub- ground stations currently under contract, in- instrument meteorological conditions; section, the Secretary shall issue a final rule cluding enhanced ground signal coverage at ‘‘(v) operational control of the pilot in to establish the program under paragraph airports; and command; and (1).’’. Page 76, line 13, strike ‘‘(C)’’ and insert ‘‘(vi) use of flight simulation training de- Page 45, after line 14, insert the following ‘‘(D)’’. vices and line oriented flight training. (with the correct sequential provision des- Page 88, line 11, strike ‘‘2009’’ and insert ‘‘(3) Safety-enhancing technology and ignations [replacing the numbers currently ‘‘2010’’. equipment, including— shown for such designations]) and conform Page 94, line 22, strike ‘‘2009’’ and insert ‘‘(A) helicopter terrain awareness and the table of contents accordingly: ‘‘2010’’. warning systems; Page 96, line 7, strike ‘‘2009’’ and insert SEC. 139. TRAINING PROGRAM FOR CERTIFI- ‘‘(B) radar altimeters; CATION OF DISADVANTAGED BUSI- ‘‘2010’’. ‘‘(C) devices that perform the function of NESS ENTERPRISES. Page 96, line 13, strike ‘‘$14,500,000 for fiscal flight data recorders and cockpit voice re- (a) MANDATORY TRAINING PROGRAM.—Sec- year 2009 and’’. corders, to the extent feasible; and tion 47113 (as amended by this Act) is further Page 96, line 19, strike ‘‘2009,’’. ‘‘(D) safety equipment that should be worn Page 99, line 16, insert ‘‘(a) IN GENERAL.— amended— or used by flight crewmembers and medical ’’ before ‘‘Not later than’’. (1) in subsection (b) by striking ‘‘Sec- personnel on a flight, including the possible Page 99, line 25, strike ‘‘and’’ at the end. use of shoulder harnesses, helmets, seatbelts, retary’’ and inserting ‘‘Secretary of Trans- Page 100, line 9, strike the first period and and fire resistant clothing to enhance crash portation’’; and all that follows through the final period and survivability. (2) by adding at the end the following: insert ‘‘; and’’. ‘‘(h) MANDATORY TRAINING PROGRAM.— Page 100, after line 9, insert the following: ‘‘(4) Such other matters as the Adminis- ‘‘(1) IN GENERAL.—Not later than one year ‘‘(3) continue to hold discussions with trator considers appropriate. after the date of enactment of this sub- ‘‘(c) MINIMUM REQUIREMENTS.—In issuing a countries that have foreign repair stations final rule under subsection (a), the Adminis- section, the Secretary shall establish a man- that perform work on air carrier aircraft and datory training program for persons de- trator, at a minimum, shall provide for the components to ensure harmonization of the following: scribed in paragraph (3) on certifying wheth- safety standards of such countries with those er a small business concern qualifies as a ‘‘(1) FLIGHT RISK EVALUATION PROGRAM.— of the United States, including standards The Administrator shall ensure that a part small business concern owned and controlled governing maintenance requirements, edu- by socially and economically disadvantaged 135 certificate holder providing helicopter air cation and licensing of maintenance per- ambulance services— individuals under this section and section sonnel, training, oversight, and mutual in- 47107(e). ‘‘(A) establishes a flight risk evaluation spection of work sites. program, based on FAA Notice 8000.301 issued ‘‘(2) IMPLEMENTATION.—The training pro- ‘‘(b) REGULATORY AUTHORITY WITH RESPECT by the Administration on August 1, 2005, in- gram may be implemented by one or more TO CERTAIN FOREIGN REPAIR STATIONS.—With cluding any updates thereto; private entities approved by the Secretary. respect to repair stations that are located in ‘‘(B) as part of the flight risk evaluation ‘‘(3) PARTICIPANTS.—A person referred to in countries that are party to the agreement program, develops a checklist for use by pi- paragraph (1) is an official or agent of an air- entitled ‘‘Agreement between the United lots in determining whether a flight request port sponsor— States of America and the European Commu- should be accepted; and ‘‘(A) who is required to provide a written nity on Cooperation in the Regulation of ‘‘(C) requires the pilots of the certificate assurance under this section or section Civil Aviation Safety’’, dated June 30, 2008, holder to use the checklist. 47107(e) that the airport owner or operator the requirements of subsection (a) are an ex- ‘‘(2) OPERATIONAL CONTROL CENTER.—The will meet the percentage goal of subsection ercise of the rights of the United States Administrator shall ensure that a part 135 (b) or section 47107(e)(1); or under paragraph A of Article 15 of the Agree- certificate holder providing helicopter air ‘‘(B) who is responsible for determining ment, which provides that nothing in the ambulance services using 10 or more heli- whether or not a small business concern Agreement shall be construed to limit the copters has an operational control center qualifies as a small business concern owned authority of a party to determine through that meets such requirements as the Admin- and controlled by socially and economically its legislative, regulatory, and administra- istrator may prescribe. disadvantaged individuals under this section tive measures, the level of protection it con- ‘‘(3) COMPLIANCE.—The Administrator shall or section 47107(e). siders appropriate for civil aviation safety.’’. ensure that a part 135 certificate holder pro- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— Page 115, after line 7, insert the following viding helicopter air ambulance services Out of amounts appropriated under section (with the correct sequential provision des- complies with applicable regulations under 106(k), not less than $2,000,000 for each of fis- ignations [replacing the numbers currently part 135 of title 14, Code of Federal Regula- cal years 2010, 2011, and 2012 shall be used to shown for such designations]) and conform tions, including regulations on weather carry out this subsection and to support the table of contents accordingly: other programs and activities of the Sec- minima and flight and duty time whenever SEC. 312. SAFETY OF HELICOPTER AIR AMBU- medical personnel are onboard the aircraft. retary related to the participation of small LANCE OPERATIONS. ‘‘(d) DEADLINES.—The Administrator business concerns owned and controlled by (a) IN GENERAL.—Chapter 447 (as amended socially and economically disadvantaged in- shall— by this Act) is further amended by adding at ‘‘(1) not later than 180 days after the date dividuals in airport related contracts or con- the end the following: cessions.’’. of enactment of this section, issue a notice ‘‘§ 44732. Helicopter air ambulance operations (b) REPORT.—Not later than 24 months of proposed rulemaking under subsection (a); after the date of enactment of this Act, the ‘‘(a) RULEMAKING.—The Administrator of and Secretary shall submit to the Committee on the Federal Aviation Administration shall ‘‘(2) not later than 16 months after the Transportation and Infrastructure of the conduct a rulemaking proceeding to improve close of the comment period on the proposed House of Representatives, the Committee on the safety of flight crewmembers, medical rule, issue a final rule. Commerce, Science, and Transportation of personnel, and passengers onboard heli- ‘‘(e) PART 135 CERTIFICATE HOLDER DE- the Senate, and other appropriate commit- copters providing helicopter air ambulance FINED.—In this section, the term ‘part 135 tees of Congress a report on the results of services under part 135 of title 14, Code of certificate holder’ means a person holding a certificate issued under part 135 of title 14, the training program conducted under the Federal Regulations. Code of Federal Regulations. amendment made by subsection (b). ‘‘(b) MATTERS TO BE ADDRESSED.—In con- Page 47, line 23 through page 48, line 1, ducting the rulemaking proceeding under ‘‘§ 44733. Collection of data on helicopter air strike ‘‘fiscal years 2004 through 2008, and for subsection (a), the Administrator shall ad- ambulance operations the portion of fiscal year 2009 ending before dress the following: ‘‘(a) IN GENERAL.—The Administrator of April 1, 2009,’’ and insert ‘‘fiscal years 2004 ‘‘(1) Flight request and dispatch proce- the Federal Aviation Administration shall through 2009,’’. dures, including performance-based flight require a part 135 certificate holder pro- Page 48, line 1, strike ‘‘inserting,’’ and in- dispatch procedures. viding helicopter air ambulance services to sert ‘‘inserting’’. ‘‘(2) Pilot training standards, including— submit to the Administrator, not later than Page 48, line 2, strike ‘‘2008’’ and insert ‘‘(A) mandatory training requirements, in- one year after the date of enactment of this ‘‘2010’’. cluding a minimum time for completing the section, and annually thereafter, a report Page 53, line 6, strike ‘‘March 31’’ and in- training requirements; containing, at a minimum, the following sert ‘‘September 30’’. ‘‘(B) training subject areas, such as com- data: Page 53, lines 15 through 17, strike ‘‘for fis- munications procedures and appropriate ‘‘(1) The number of helicopters that the cal years ending before October 1, 2008, and technology use; certificate holder uses to provide helicopter

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5962 CONGRESSIONAL RECORD — HOUSE May 21, 2009 air ambulance services and the base loca- SEC. 314. STUDY OF HELICOPTER AND FIXED (3) whether systemic or other problems tions of the helicopters. WING AIR AMBULANCE SERVICES. exist on a statewide, regional, or national ‘‘(2) The number of flights and hours flown, (a) IN GENERAL.—The Comptroller General basis with the current system governing air by registration number, during which heli- shall conduct a study of the helicopter and ambulances. copters operated by the certificate holder fixed-wing air ambulance industry. The (d) REPORT.—Not later than June 1, 2010, were providing helicopter air ambulance study shall include information, analysis, the Comptroller General shall submit to the services. and recommendations pertinent to ensuring Secretary of Transportation and the appro- ‘‘(3) The number of flight requests for a a safe air ambulance industry. priate committees of Congress a report con- (b) REQUIRED INFORMATION.—In conducting helicopter providing helicopter air ambu- taining its findings and recommendations re- the study, the Comptroller General shall ob- lance services that were accepted or declined garding the study under this section. tain detailed information on the following by the certificate holder and the type of each (e) ADOPTION OF RECOMMENDED POLICY aspects of the air ambulance industry: such flight request (such as scene response, CHANGES.—Not later than 60 days after the (1) A review of the industry, for part 135 inter-facility transport, organ transport, or date of receipt of the report under subsection certificate holders and indirect carriers pro- ferry or repositioning flight). (d), the Secretary shall issue a report to the viding helicopter and fixed-wing air ambu- ‘‘(4) The number of accidents involving hel- appropriate committees of Congress, that— lance services, including— icopters operated by the certificate holder (1) specifies which, if any, policy changes (A) a listing of the number, size, and loca- while providing helicopter air ambulance recommended by the Comptroller General tion of helicopter and fixed-wing aircraft and services and a description of the accidents. and any other policy changes with respect to their flight bases; ‘‘(5) The number of flights and hours flown air ambulances the Secretary will adopt and (B) affiliations of certificate holders and under instrument flight rules by helicopters implement; and indirect carriers with hospitals, govern- operated by the certificate holder while pro- (2) includes recommendations for legisla- ments, and other entities; viding helicopter air ambulance services. tive change, if appropriate. (C) coordination of air ambulance services, ‘‘(6) The time of day of each flight flown by (f) PART 135 CERTIFICATE HOLDER DE- with each other, State and local emergency helicopters operated by the certificate hold- FINED.—In this section, the term ‘‘part 135 medical services systems, referring entities, certificate holder’’ means a person holding a er while providing helicopter air ambulance and receiving hospitals; certificate issued under part 135 of title 14, services. (D) nature of services contracts, sources of Code of Federal Regulations. ‘‘(b) REPORTING PERIOD.—Data contained in Page 121, strike line 2 and all that follows a report submitted by a part 135 certificate payment, financial relationships between through line 15 on page 125 and insert the fol- holder under subsection (a) shall relate to certificate holders and indirect carriers pro- lowing (with the correct sequential provision such reporting period as the Administrator viding air ambulance services and referring designations [replacing the numbers cur- determines appropriate. entities, and costs of operations; and rently shown for such designations]) and ‘‘(c) DATABASE.—Not later than 6 months (E) a survey of business models for air am- after the date of enactment of this section, bulance operations, including expenses, conform the table of contents accordingly: the Administrator shall develop a method to structure, and sources of income. SEC. 331. AVIATION SAFETY WHISTLEBLOWER IN- collect and store the data collected under (2) Air ambulance request and dispatch VESTIGATION OFFICE. Section 106 is amended by adding at the subsection (a), including a method to protect practices, including the various types of pro- end the following: the confidentiality of any trade secret or tocols, models, training, certifications, and ‘‘(s) AVIATION SAFETY WHISTLEBLOWER IN- proprietary information provided in response air medical communications centers relating VESTIGATION OFFICE.— to this section. to part 135 certificate holders and indirect ‘‘(1) ESTABLISHMENT.—There is established ‘‘(d) REPORT TO CONGRESS.—Not later than carriers providing helicopter and fixed-wing in the Federal Aviation Administration (in 24 months after the date of enactment of this air ambulance services, including— this subsection referred to as the ‘Agency’) section, and annually thereafter, the Admin- (A) the practices that emergency and med- an Aviation Safety Whistleblower Investiga- istrator shall submit to the Committee on ical officials use to request an air ambu- tion Office (in this subsection referred to as Transportation and Infrastructure of the lance; the ‘Office’). House of Representatives and the Committee (B) information on whether economic or ‘‘(2) DIRECTOR.— on Commerce, Science, and Transportation other nonmedical factors lead to air ambu- ‘‘(A) APPOINTMENT.—The head of the Office of the Senate a report containing a summary lance transport when it is not medically shall be the Director, who shall be appointed of the data collected under subsection (a). needed, appropriate, or safe; and by the Secretary of Transportation. ‘‘(e) PART 135 CERTIFICATE HOLDER DE- (C) the cause, occurrence, and extent of ‘‘(B) REPORTS AND RECOMMENDATIONS TO FINED.—In this section, the term ‘part 135 delays in air ambulance transport. certificate holder’ means a person holding a (3) Economic and medical issues relating SECRETARY.—The Director shall provide reg- certificate issued under part 135 of title 14, to the air ambulance industry, including— ular reports to the Secretary of Transpor- Code of Federal Regulations.’’. (A) licensing; tation. The Director may recommend that (b) CLERICAL AMENDMENT.—The analysis (B) certificates of need; the Secretary take any action necessary for for chapter 447 (as amended by this Act) is (C) public convenience and necessity re- the Office to carry out its functions, includ- further amended by adding at the end the quirements; ing protection of complainants and wit- following: (D) assignment of geographic coverage nesses. ‘‘Sec. 44732. Helicopter air ambulance op- areas; ‘‘(C) QUALIFICATIONS.—The Director shall erations. (E) accreditation requirements; have a demonstrated ability in investiga- ‘‘Sec. 44733. Collection of data on heli- (F) compliance with dispatch procedures; tions and knowledge of or experience in avia- copter air ambulance operations.’’. and tion. ERM SEC. 313. FEASIBILITY OF REQUIRING HELI- (G) requirements for medical equipment ‘‘(D) T .—The Director shall be ap- COPTER PILOTS TO USE NIGHT VI- and personnel onboard the aircraft. pointed for a term of 5 years. SION GOGGLES. (4) Such other matters as the Comptroller ‘‘(E) VACANCY.—Any individual appointed (a) STUDY.—The Administrator of the Fed- General considers relevant to the purpose of to fill a vacancy in the position of the Direc- eral Aviation Administration shall carry out the study. tor occurring before the expiration of the a study on the feasibility of requiring pilots (c) ANALYSIS AND RECOMMENDATIONS.— term for which the individual’s predecessor of helicopters providing helicopter air ambu- Based on information obtained under sub- was appointed shall be appointed for the re- lance services under part 135 of title 14, Code section (b) and other information the Comp- mainder of that term. of Federal Regulations, to use night vision troller General considers appropriate, the re- ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— goggles during nighttime operations. port shall also include an analysis and spe- ‘‘(A) AUTHORITY OF DIRECTOR.—The Direc- (b) CONSIDERATIONS.—In conducting the cific recommendations, as appropriate, re- tor shall— study, the Administrator shall consult with lated to— ‘‘(i) receive complaints and information owners and operators of helicopters pro- (1) the relationship between State regula- submitted by employees of persons holding viding helicopter air ambulance services tion and Federal preemption of rates, routes, certificates issued under title 14, Code of under such part 135 and aviation safety pro- and services of air ambulances; Federal Regulations, and employees of the fessionals to determine the benefits, finan- (2) the extent to which Federal law may Agency concerning the possible existence of cial considerations, and risks associated impact existing State regulation of air am- an activity relating to a violation of an with requiring the use of night vision gog- bulances and the potential effect of greater order, regulation, or standard of the Agency gles. State regulation— or any other provision of Federal law relat- (c) REPORT TO CONGRESS.—Not later than (A) in the air ambulance industry, on the ing to aviation safety; one year after the date of enactment of this economic viability of air ambulance services, ‘‘(ii) assess complaints and information Act, the Administrator shall submit to the the availability and coordination of service, submitted under clause (i) and determine Committee on Transportation and Infra- and costs of operations both in rural and whether a substantial likelihood exists that structure of the House of Representatives highly populated areas; a violation of an order, regulation, or stand- and the Committee on Commerce, Science, (B) on the quality of patient care and out- ard of the Agency or any other provision of and Transportation of the Senate a report on comes; and Federal law relating to aviation safety may the results of the study. (C) on competition and safety; and have occurred; and

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5963 ‘‘(iii) based on findings of the assessment vestigations under this subsection. The Sec- mined by the Administrator or a foreign gov- conducted under clause (ii), make rec- retary shall respond in a timely manner and ernment).’’. ommendations to the Secretary and Admin- shall share the responses with the appro- (b) CLERICAL AMENDMENT.—The analysis istrator in writing for— priate committees of Congress. for chapter 417 is amended by striking the ‘‘(I) further investigation by the Office, the ‘‘(8) DISCIPLINARY ACTIONS.—The Secretary item relating to section 41706 and inserting Inspector General of the Department of shall exercise the Secretary’s authority the following: Transportation, or other appropriate inves- under section 2302 of title 5 for the preven- ‘‘41706. Prohibitions against smoking on tigative body; or tion of prohibited personnel actions in any flights.’’. ‘‘(II) corrective actions. case in which the prohibited personnel ac- Page 147, line 3, strike ‘‘Secretary’’ and in- ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di- tion is taken against an employee of the sert ‘‘Secretary of Transportation’’. rector shall not disclose the identity or iden- Agency who, in good faith, has reported the Page 148, lines 19 and 20, strike ‘‘April 1, tifying information of an individual who sub- possible existence of an activity relating to 2009’’ and insert ‘‘October 1, 2009’’. mits a complaint or information under sub- a violation of an order, regulation, or stand- Page 150, strike lines 1 through 10 and in- paragraph (A)(i) unless— ard of the Agency or any other provision of sert the following: ‘‘(i) the individual consents to the disclo- Federal law relating to aviation safety. In (1) Section 47124(b)(3)(E) is amended to sure in writing; or exercising such authority, the Secretary read as follows: ‘‘(ii) the Director determines, in the course may subject an employee of the Agency who ‘‘(E) FUNDING.—Of the amounts appro- of an investigation, that the disclosure is un- has taken or failed to take, or threatened to priated pursuant to section 106(k), not more avoidable, in which case the Director shall take or fail to take, a personnel action in than $9,500,000 for fiscal year 2010, $10,000,000 provide the individual with reasonable ad- violation of such section to a disciplinary ac- for fiscal year 2011, and $10,000,000 for fiscal vance notice. tion up to and including termination. year 2012 may be used to carry out this para- ‘‘(C) INDEPENDENCE OF DIRECTOR.—The Sec- ‘‘(9) ANNUAL REPORTS TO CONGRESS.—Not graph.’’. retary, the Administrator, or any officer or later than October 1 of each year, the Direc- Page 174, after line 4, insert the following employee of the Agency may not prevent or tor shall submit to Congress a public report (with the correct sequential provision des- prohibit the Director from initiating, car- containing— ignations [replacing the numbers currently rying out, or completing any assessment of a ‘‘(A) information on the number of submis- shown for such designations]) and conform complaint or information submitted under sions of complaints and information received the table of contents accordingly: subparagraph (A)(i) or from reporting to by the Director under paragraph (3)(A)(i) in SEC. 426. MUSICAL INSTRUMENTS. Congress on any such assessment. the preceding 12-month period; (a) IN GENERAL.—Subchapter I of chapter ‘‘(D) ACCESS TO INFORMATION.—In con- ‘‘(B) summaries of those submissions; 417 (as amended by this Act) is further ducting an assessment of a complaint or in- ‘‘(C) summaries of further investigations, amended by adding at the end the following: formation submitted under subparagraph corrective actions recommended, and refer- ‘‘§ 41725. Musical instruments (A)(i), the Director shall have access to, and rals in response to the submissions; and ‘‘(a) IN GENERAL.— can order the retention of, all records, re- ‘‘(D) summaries of the responses of the Ad- ‘‘(1) INSTRUMENTS IN THE PASSENGER COM- ports, audits, reviews, documents, papers, ministrator to such recommendations; and PARTMENT.—An air carrier providing air recommendations, and other material nec- ‘‘(E) an evaluation of personnel and re- transportation shall permit a passenger to essary to determine whether a substantial sources necessary to effectively support the carry a musical instrument in the aircraft likelihood exists that a violation of an order, mandate of the Office.’’. passenger compartment in a closet, baggage, regulation, or standard of the Agency or any Page 130, line 17, after ‘‘Agency’’ insert ‘‘, or cargo stowage compartment approved by other provision of Federal law relating to including at least one employee selected by the Administrator without charge if— aviation safety may have occurred. The Di- the exclusive bargaining representative for ‘‘(A) the instrument can be stowed in ac- rector may order sworn testimony from ap- aviation safety inspectors,’’. cordance with the requirements for carriage propriate witnesses during the course of an Page 132, line 21, strike ‘‘GAO’’ and insert of carry-on baggage or cargo set forth by the investigation. ‘‘INSPECTOR GENERAL’’. Administrator of the Federal Aviation Ad- ‘‘(E) PROCEDURE.—The Office shall estab- ministration; and lish procedures equivalent to sections 1213(d) Page 132, line 22, strike ‘‘Comptroller Gen- eral’’ and insert ‘‘Inspector General of the ‘‘(B) there is space for such stowage on the and 1213(e) of title 5 for investigation, report, aircraft. employee comment, and evaluation by the Department of Transportation’’. Page 133, line 2, strike ‘‘Comptroller Gen- ‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER Secretary for any investigation conducted COMPARTMENT.—An air carrier providing air pursuant to paragraph (3)(A). eral’’ and insert ‘‘Inspector General’’. Page 134, lines 6 and 7, strike ‘‘Comptroller transportation shall permit a passenger to ‘‘(4) RESPONSES TO RECOMMENDATIONS.—The carry a musical instrument in the aircraft Administrator shall— General’’ and insert ‘‘Inspector General’’. Page 134, after line 13, insert the following passenger compartment that is too large to ‘‘(A) respond within 60 days to a rec- be secured in a closet, baggage, or cargo ommendation made by the Director under (with the correct sequential provision des- ignations [replacing the numbers currently stowage compartment approved by the Ad- paragraph (3)(A)(iii) in writing and retain ministrator, if— records related to any further investigations shown for such designations]) and conform the table of contents accordingly: ‘‘(A) the instrument can be stowed in a or corrective actions taken in response to seat, in accordance with the requirements the recommendation, in accordance with es- SEC. 401. SMOKING PROHIBITION. for carriage of carry-on baggage or cargo set tablished record retention requirements; and (a) IN GENERAL.—Section 41706 is amend- forth by the Administrator for such stowage; ‘‘(B) ensure that the findings of all refer- ed— and rals for further investigation or corrective (1) in the section heading by striking ‘‘(B) the passenger wishing to carry the in- actions taken are reported to the Director. ‘‘SCHEDULED’’ and inserting ‘‘PAS- strument in the aircraft cabin has purchased ‘‘(5) INCIDENT REPORTS.—If the Director de- SENGER’’; and a seat to accommodate the instrument. termines there is a substantial likelihood (2) by striking subsections (a) and (b) and ‘‘(3) INSTRUMENTS AS CHECKED BAGGAGE.— that a violation of an order, regulation, or inserting the following: An air carrier shall transport as baggage a standard of the Agency or any other provi- ‘‘(a) SMOKING PROHIBITION IN INTRASTATE musical instrument that is the property of a sion of Federal law relating to aviation safe- AND INTERSTATE TRANSPORTATION BY AIR- passenger on a flight and that may not be ty may have occurred that requires imme- CRAFT.—An individual may not smoke in an carried in the aircraft passenger compart- diate corrective action, the Director shall re- aircraft — ment if— port the potential violation expeditiously to ‘‘(1) in scheduled passenger interstate air ‘‘(A) the sum of the length, width, and the Secretary, the Administrator, and the transportation or scheduled passenger intra- height measured in inches of the outside lin- Inspector General of the Department of state air transportation; and ear dimensions of the instrument (including Transportation. ‘‘(2) in nonscheduled intrastate or inter- the case) does not exceed 150 inches and the ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO state transportation of passengers by air- size restrictions for that aircraft; INSPECTOR GENERAL.—If the Director has rea- craft for compensation, if a flight attendant ‘‘(B) the weight of the instrument does not sonable grounds to believe that there has is a required crewmember on the aircraft (as exceed 165 pounds and the weight restric- been a violation of Federal criminal law, the determined by the Administrator of the Fed- tions for that aircraft; and Director shall report the violation expedi- eral Aviation Administration). ‘‘(C) the instrument can be stowed in ac- tiously to the Inspector General. ‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR cordance with the requirements for carriage ‘‘(7) RETALIATION AGAINST AGENCY EMPLOY- TRANSPORTATION.—The Secretary of Trans- of baggage or cargo set forth by the Adminis- EES.—Any retaliatory action taken or portation shall require all air carriers and trator for such stowage. threatened against an employee of the Agen- foreign air carriers to prohibit smoking in an ‘‘(4) AIR CARRIER TERMS.—Nothing in this cy for good faith participation in activities aircraft— section shall be construed as prohibiting an under this subsection is prohibited. The Di- ‘‘(1) in scheduled passenger foreign air air carrier from limiting its liability for car- rector shall make all policy recommenda- transportation; and rying a musical instrument or requiring a tions and specific requests to the Secretary ‘‘(2) in nonscheduled passenger foreign air passenger to purchase insurance to cover the for relief necessary to protect employees of transportation, if a flight attendant is a re- value of a musical instrument transported the Agency who initiate or participate in in- quired crewmember on the aircraft (as deter- by the air carrier.

VerDate Nov 24 2008 05:06 May 22, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5964 CONGRESSIONAL RECORD — HOUSE May 21, 2009

‘‘(b) REGULATIONS.—The Secretary may Page 196, strike line 23 and all that follows Page 225, line 16, strike ‘‘May 31’’ and in- prescribe such regulations as may be nec- through line 6 on page 197 and insert the fol- sert ‘‘December 31’’. essary or appropriate to implement sub- lowing (with the correct sequential provision Page 236, strike lines 19 and 20 and insert section (a).’’. designations [replacing the numbers cur- the following: (b) CLERICAL AMENDMENT.—The analysis rently shown for such designations]) and (h) DEFINITIONS.—In this section, the fol- for such subchapter is amended by adding at conform the table of contents accordingly: lowing definitions apply: the end the following: SEC. 511. CABIN AIR QUALITY TECHNOLOGY. (1) FAA.—The term ‘‘FAA’’ means the Fed- ‘‘41725. Musical instruments.’’. (a) IN GENERAL.—Not later than 180 days eral Aviation Administration. (c) EFFECTIVE DATE.—The amendments after the date of enactment of this Act, the (2) REALIGNMENT; CONSOLIDATION.— made by this section shall take effect 30 days Administrator of the Federal Aviation Ad- (A) IN GENERAL.—The terms ‘‘realignment’’ after the date of enactment of this Act. ministration shall initiate research and de- and ‘‘consolidation’’ include any action Page 183, after line 21, insert the following velopment work on effective air cleaning and that— (with the correct sequential provision des- sensor technology for the engine and auxil- (i) relocates functions, services, or per- ignations [replacing the numbers currently iary power unit for bleed air supplied to the sonnel positions; shown for such designations]) and conform passenger cabin and flight deck of a pressur- (ii) severs existing facility functions or the table of contents accordingly: ized aircraft. services; or SEC. 505. SOUNDPROOFING OF RESIDENCES. (b) TECHNOLOGY REQUIREMENTS.—The tech- (iii) any combination thereof. (B) EXCLUSION.—The term does not include (a) SOUNDPROOFING AND ACQUISITION OF nology should, at a minimum, be capable a reduction in personnel resulting from CERTAIN RESIDENTIAL BUILDINGS AND PROP- of— workload adjustments. ERTIES.—Section 47504(c)(2)(D) is amended to (1) removing oil-based contaminants from Page 243, lines 15 and 16, strike ‘‘flight read as follows: the bleed air supplied to the passenger cabin crew members’’ and insert ‘‘pilots and flight ‘‘(D) to an airport operator and unit of and flight deck; and attendants’’. local government referred to in paragraph (2) detecting and recording oil-based con- Page 243, line 22, strike ‘‘2009’’ and insert (1)(A) or (1)(B) to soundproof— taminants in the bleed air fraction of the ‘‘2010’’. total air supplied to the passenger cabin and ‘‘(i) a building in the noise impact area Page 254, line 1, strike ‘‘temperature’’ and in- flight deck. surrounding the airport that is used pri- sert ‘‘temperature and humidity’’ (and conform (c) REPORT.—Not later than 3 years after marily for educational or medical purposes the table of contents accordingly). and that the Secretary decides is adversely the date of enactment of this Act, the Ad- Page 254, line 8, insert ‘‘and humidity’’ be- affected by airport noise; and ministrator shall transmit to Congress a re- fore ‘‘onboard’’. ‘‘(ii) residential buildings located on resi- port on the results of the research and devel- Page 254, lines 13 and 14, strike ‘‘tempera- dential properties in the noise impact area opment work carried out under this section. tures’’ and insert ‘‘temperature and humid- surrounding the airport that the Secretary (d) AUTHORIZATION OF APPROPRIATIONS.— ity’’. decides is adversely affected by airport There is authorized to be appropriated such Page 254, line 19, strike ‘‘temperature’’ and noise, if— sums as may be necessary to carry out this insert ‘‘temperature and humidity’’. ‘‘(I) the residential properties are within section. Page 254, line 20, strike ‘‘temperature’’ and airport noise contours prepared by the air- Page 197, line 9, strike ‘‘proposed’’. insert ‘‘temperature and humidity’’. port owner or operator using the Secretary’s Page 198, after line 25, insert the following Page 254, line 23, strike ‘‘temperature’’ and methodology and guidance, and the noise (with the correct sequential provision des- insert ‘‘temperature and humidity’’. contours have been found acceptable by the ignations [replacing the numbers currently Page 259, after line 22, insert the following Secretary; shown for such designations]) and conform (with the correct sequential provision des- ‘‘(II) the residential properties cannot be the table of contents accordingly: ignations [replacing the numbers currently removed from airport noise contours for at SEC. 515. AVIATION NOISE COMPLAINTS. shown for such designations]) and conform least a 5-year period by changes in airport (a) TELEPHONE NUMBER POSTING.—Not later the table of contents accordingly: configuration or flight procedures; than 3 months after the date of enactment of SEC. 826. ST. GEORGE, UTAH. ‘‘(III) the land use jurisdiction has taken, this Act, each owner or operator of a large (a) IN GENERAL.—Notwithstanding section or will take, appropriate action, including hub airport (as defined in section 40102(a) of 16 of the Federal Airport Act (as in effect on the adoption of zoning laws, to the extent title 49, United States Code) shall publish on August 28, 1973) or sections 47125 and 47153 of reasonable to restrict the use of land to uses an Internet Web site of the airport a tele- title 49, United States Code, the Secretary of that are compatible with normal airport op- phone number to receive aviation noise com- Transportation is authorized, subject to sub- erations; and plaints related to the airport. section (b), to grant releases from any of the ‘‘(IV) the Secretary determines that the (b) SUMMARIES AND REPORTS.—Not later terms, conditions, reservations, and restric- project is compatible with the purposes of than one year after the last day of the 3- tions contained in the deed of conveyance this chapter; and’’ month period referred to in subsection (a), dated August 28, 1973, under which the (b) REQUIREMENTS APPLICABLE TO CERTAIN and annually thereafter, an owner or oper- United States conveyed certain property to GRANTS.—Section 44705 (as amended by this ator that receives one or more noise com- the city of St. George, Utah, for airport pur- Act) is further amended by adding at the end plaints under subsection (a) shall submit to poses. the following: the Administrator of the Federal Aviation (b) CONDITION.—Any release granted by the ‘‘(f) REQUIREMENTS APPLICABLE TO CERTAIN Administration a report regarding the num- Secretary under the subsection (a) shall be GRANTS.— ber of complaints received and a summary subject to the following conditions: ‘‘(1) ESTABLISHMENT OF CRITERIA.—Before regarding the nature of such complaints. The (1) The city of St. George shall agree that awarding a grant under subsection (c)(2)(D), Administrator shall make such information in conveying any interest in the property the Secretary shall establish criteria to de- available to the public by print and elec- that the United States conveyed to the city termine which residences in the 65 DNL area tronic means. by deed dated August 28, 1973, the city will suffer the greatest noise impact. Page 206, after line 6, insert the following receive an amount for such interest that is ‘‘(2) ANALYSIS FROM COMPTROLLER GEN- (with the correct sequential provision des- equal to the fair market value. ERAL.—Prior to making a final decision on ignations [replacing the numbers currently (2) Any such amount so received by the the criteria required by paragraph (1), the shown for such designations]) and conform city of St. George shall be used by the city Secretary shall develop proposed criteria and the table of contents accordingly: for the development, improvement, oper- obtain an analysis from the Comptroller SEC. 602. MERIT SYSTEM PRINCIPLES AND PRO- ation, or maintenance of a replacement pub- General as to the reasonableness and valid- HIBITED PERSONNEL PRACTICES. lic airport. ity of the criteria. Section 40122(g)(2)(A) is amended to read as SEC. 827. REPLACEMENT OF TERMINAL RADAR ‘‘(3) PRIORITY.—If the Secretary determines follows: APPROACH CONTROL AT PALM that the grants likely to be awarded under ‘‘(A) sections 2301 and 2302, relating to BEACH INTERNATIONAL AIRPORT. subsection (c)(2)(D) in fiscal years 2010 merit system principles and prohibited per- The Administrator of the Federal Aviation though 2012 will not be sufficient to sound- sonnel practices, including the provisions for Administration shall take such actions as proof all residences in the 65 DNL area, the investigation and enforcement as provided in may be necessary to ensure that any air traf- Secretary shall first award grants to sound- chapter 12 of title 5;’’. fic control tower or facility placed into oper- proof those residences suffering the greatest Page 207, strike line 21 and all that follows ation at Palm Beach International Airport noise impact under the criteria established through line 3 on page 208 (with the correct after September 30, 2009, to replace an air under paragraph (1).’’. sequential provision designations [replacing traffic control tower or facility placed into Page 186, strike line 6. the numbers currently shown for such des- operation before September 30, 2009, includes Page 186, line 7, strike ‘‘(2)’’ and insert ignations]) and conform the table of contents an operating terminal radar approach con- ‘‘(1)’’. accordingly. trol. Page 186, line 8, strike ‘‘(3)’’ and insert Page 223, line 24, strike ‘‘March 31’’ and in- SEC. 828. SANTA MONICA AIRPORT, CALIFORNIA. ‘‘(2)’’. sert ‘‘September 30’’. It is the sense of Congress that the Admin- Page 186, line 9, strike ‘‘(4)’’ and insert Page 224, line 1, strike ‘‘May 31’’ and insert istrator of the Federal Aviation Administra- ‘‘(3)’’. ‘‘December 31’’. tion should enter into good faith discussions

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5965 with the city of Santa Monica, California, to facility revenue. It provides more pro- rently to inspect all of the stations achieve runway safety area solutions con- tection from noise for airport neigh- that would be required to be inspected. sistent with Federal Aviation Administra- bors. Under existing law, the FAA is And so we would revoke the certifi- tion design guidelines to address safety con- not permitted to fund soundproofing of cates for repair stations that are not cerns at Santa Monica Airport. Page 261, line 24, strike ‘‘2009’’ and insert residences to reduce airport noise un- inspected and the Europeans would not ‘‘2010’’. less the airport undertakes an exten- be able to do that in our country. The Page 266, line 19, strike ‘‘2009’’ and insert sive analysis, a Part 150 Study. The result would be that a lot of work—all ‘‘2010’’. amendment allows grants for sound- around, both parties to the agree- Page 267, line 18, strike ‘‘2009’’ and insert proofing without a Part 150 Study if ment—would be moved around, at ‘‘2010’’. the airport takes certain actions, such least; and the net loss, so far as be- Page 270, line 14, strike ‘‘2009’’ and insert as preparing noise contours and imple- tween the United States and Europe is ‘‘2010’’. menting land-use zoning restrictions. concerned would, it’s my under- The Acting CHAIR. Pursuant to I reserve the balance of my time. standing, fall on American stations be- House Resolution 464, the gentleman Mr. PETRI. Mr. Chairman, I rise in cause currently a lot of European from Minnesota (Mr. OBERSTAR) and a opposition to the amendment offered equipment is in fact maintained here Member opposed each will control 10 by the gentleman from Minnesota. in the United States. That’s where the minutes. The Acting CHAIR. The gentleman threat to the jobs comes from. The Chair recognizes the gentleman from Wisconsin is recognized for 10 b 1515 from Minnesota. minutes. Mr. OBERSTAR. Thank you, Mr. Mr. PETRI. Thank you. The provisions in the amendment Chairman. While there are clearly many useful having to do with inspection of sta- Because the fiscal year 2009 Omnibus provisions in the manager’s amend- tions is opposed by the airline indus- Appropriations Act was already en- ment which we do support, there are, try; the aviation associations that acted in March, P.L. 111–8, this amend- unfortunately, several which we do have looked at it; the United States ment strikes the 2009 funding author- not. And the most important, or one of Chamber of Commerce; airline manu- ization in the base bill. Therefore, with the important areas has been men- facturers; as I mentioned, the Euro- adoption of the manager’s amendment, tioned on a number of occasions al- pean Union; and some 50 of our col- total funding provided for Federal ready on this floor as we’ve gone for- leagues, who signed a letter in opposi- Aviation Administration programs in ward, and that’s the foreign repair sta- tion, I think probably inspired by con- H.R. 915 is approximately $53.5 billion, tion inspection language. cern about the jobs in their district at including $12.3 billion for the airport The manager’s amendment continues repair stations and dislocation of work improvement program, $10.1 billion for to require twice annual inspections of at these stations, particularly the facilities and equipment, $794 million repair stations in Europe. What does smaller ones, that was circulated by for research and development, and $30.3 this mean? It means that the European our colleague Mr. BARROW. There are a number of other concerns billion for operations. Union will and does oppose this provi- about the amendment, particularly The manager’s amendment also ad- sion and has suggested that the provi- some concerns about the clarity of the dresses safety, the Airport Disadvan- sion will nullify the need for the bilat- whistleblower amendments and how taged Business Enterprise System, and eral aviation safety agreement. It cer- those would actually be put into effect. noise. tainly violates the spirit of the United On the safety provision, it includes a Also, a concern about realignment and States-European Union Bilateral Avia- consolidation language which ties the requirement that FAA initiate a rule- tion Safety Agreement. making to improve the safety of flight FAA’s hands. Under that agreement in section 15, The major concern we have, as I said, crew members, of medical personnel, countries are always allowed to inspect is especially in these tense times, passengers, and helicopters providing the other country’s territory based on where a small match could ignite a big air ambulance services. The FAA must safety concerns. So there is flexibility fire in terms of trade relations. We are issue a final rule on these issues within and this is within the letter of the law really playing with fire in the language 16 months after date of enactment of of the treaty, as the chairman has that’s contained in the manager’s the act. pointed out. But it’s certainly not amendment having to do with inspec- The manager’s amendment requires within the spirit of the treaty. Our tion on a mandatory basis twice a year the Comptroller General to study heli- government is never going to concede of all of these repair stations. copter and fixed-wing air ambulance jurisdiction over safety of American I reserve the balance of my time. service, including the state of the in- equipment and people and planes. And Mr. OBERSTAR. I yield such time as dustry to request and dispatch prac- if there is a legitimate reason to in- he may consume to the distinguished tices and economic and medical issues spect, we reserve the right to do it Chair of the Aviation Subcommittee, and report back to the Committee on under that treaty. But not just auto- the gentleman from Illinois (Mr. Transportation and Infrastructure matic inspections whether there is any COSTELLO). within 1 year. reason or not, which is what the Mr. COSTELLO. Thank you, Chair- DOT is required to review the study, amendment provides for. man OBERSTAR. I rise in support of the to issue a report to the committee indi- This section 15 provides for inspec- manager’s amendment. Let me address cating policy changes it intends to tion, but it does not envisage twice-an- a couple of issues that my friend, Mr. make as a result of the study. It nual inspections absent a legitimate PETRI, and Mr. MICA spoke about as far strengthens the aviation safety whis- risk-based safety concern. And that’s as the agreement that we have and the tleblower protection office. the logic of the language of the treaty. foreign repair stations—the mandate The manager’s amendment includes If we don’t abide by the spirit of the that we inspect those repair stations at very specific language with reference treaty, the EU has—and I believe will— least twice a year. to the foreign repair station issue cit- walk away from the bilateral agree- Number one, the FAA not only has a ing the agreement, the bilateral avia- ment and we will have to renegotiate right, but they have a responsibility to tion agreement, which I’ve already another agreement which may end up the flying public in the United States cited. I don’t need to cite it again. The giving us less, rather than more, flexi- not only to inspect those repair sta- amendment makes clear that the lan- bility to inspect when we determine tions when there is a problem or a com- guage in this bill is in keeping not only based on information or concerns that plaint or an issue that is brought up, with the language of, but the spirit of, have come forward that a particular in- but they have a responsibility to in- the U.S./EU aviation agreement. spection of a particular facility is war- spect those repair stations and make The amendment applies the Dis- ranted, which we have the right to do sure that all of the repair stations both advantaged Business Enterprise pro- at any time under this treaty. here in the United States and abroad gram and the Airport Concessions Dis- The Europeans do not have the per- are meeting the FAA regulations. advantaged Business Enterprise pro- sonnel to conduct—well, I don’t think I wonder if the groups and organiza- gram to airports collecting passenger our government has the personnel cur- tions who wrote letters in opposition

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.038 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5966 CONGRESSIONAL RECORD — HOUSE May 21, 2009 to this read the Department of Trans- just finally say again that we have the copter medical services industry and portation Inspector General’s report Department of Transportation inspec- prevent unnecessary deaths and inju- where, and I quote, ‘‘The DOT inspec- tor general report. We understand that ries among our country’s most vulner- tor general stated that foreign inspec- there are a number of inspections that able medical patients. tors oftentimes do not provide the FAA take place by other agencies outside of I look forward to working with the with sufficient information to deter- the FAA. Department of Transportation fol- mine the items inspected, problems But let me again read to you from lowing this study to fully implement discovered, and corrective actions the Department of Transportation in- these issues literally of life and death. taken.’’ spector general. ‘‘In the files that the Mr. OBERSTAR. Mr. Chairman, I The report goes on to say, ‘‘In the DOT IG reviewed, the inspection docu- will close to say that although we have files that the Department of Transpor- mentation provided to the FAA was in- beaten this repair station horse to tation inspector general reviewed, the complete or incomprehensible 88 per- death with 30-second cameo com- inspection documents provided to the cent of the time, hampering the FAA’s mentaries about threats of job losses, FAA were incomplete or incomprehen- ability to verify that inspections con- the point is safety. We must never ne- sible 88 percent of the time, hampering ducted on its behalf adhered to FAA gotiate away the right of the United the FAA’s ability to verify the inspec- safety standards.’’ States FAA, the gold standard for safe- tions conducted on its behalf adhered What we are simply saying is that we ty in the world, to assure that aircraft to FAA safety standards.’’ want the FAA to go to foreign repair on which our fellow citizens travel are So let me just say that for those who stations and physically inspect them maintained properly and in accord with are concerned about this requirement twice a year. And we are saying to our FAA standards and with certificated of having two physical inspections of friends in Europe if they want to in- facilities and properly certificated foreign repair stations, this is the same spect repair stations that they are maintenance personnel. And our right language that was in the bill that was using here in the United States twice a to inspect them should not be inhib- passed by this House by a vote of 267 year, or more than twice a year, they ited. Members in favor of the legislation. It are more than welcome to do that. The previous administration should is the exact same language—to have We believe that we have the right— never have negotiated away any such two inspections per year of foreign re- not only the right, but an obligation to right or presumed to limit our ability. pair stations. the flying public to require these in- We are acting in this language in this The final point that I would make is spections. bill under the authority of the U.S.-EU we, again, in this legislation provide I would also finally note we’re talk- Aviation Agreement. It specifically additional funding to the FAA to hire ing about agreements that were nego- says so. And for us to come in and in- additional inspectors to carry out tiated by the past administration with spect only when there is a problem is these inspections. our friends in Europe, and the past ad- the graveyard mentality that got the Mr. PETRI. I would like to speak for ministration did not consult the Avia- FAA out of problems and fatalities in a brief moment on a comment my col- tion Subcommittee or the Transpor- the eighties. We’re not going to repeat league just made, and that is there is a tation Committee or the Congress that in the future. bit of an impression being left that if when they negotiated these agree- Mr. PETRI. The concern about this we don’t have these two inspections a ments. amendment is that we do have the abil- year of these foreign European repair So we believe this is a reasonable ity to inspect if there’s a reason now to stations, they won’t be inspected. thing to do. It was in the last bill that inspect. It’s very unlikely if this were They are inspected. In fact, in a num- passed the Congress in September, 2007; to become law we would immediately ber of jurisdictions, the standards that 267 Members voted in favor of that bill have in place the inspectors necessary are imposed on these facilities by the with this provision in it. And we be- to inspect all of these European sta- European Union and the governments lieve that it is the right thing to do tions twice a year. As a result, the cer- and jurisdictions in which they exist and a reasonable thing to do, and it’s tification of many of them would be are stricter than our own standards an obligation we have to ensure the pulled. It would force retaliation by are. the Europeans on our own stations. So we do reserve the right now to in- safety of the flying public. Mr. PETRI. I understand that since If it was a sincere amendment, it spect those stations if there is a prob- the gentleman from Minnesota is would provide that it not go into effect lem. But to go ahead and require two amending the bill and I’m a member of until the government had an oppor- inspections a year of stations that are the committee, I have the right to tunity to inspect all of these stations already inspected by standards that we close. twice. And it does not do that. We have concluded after experts have The Acting CHAIR. The gentleman know how effective government is. It looked at it are perfectly adequate is does have the right to close. will take them years to man up and really setting up a dynamic which will The gentleman from Minnesota has find all of these European stations. end up being disruptive to the industry approximately 2 minutes remaining. And so we oppose the amendment. and to good cooperative relations with Mr. OBERSTAR. I yield 1 minute to I yield back the balance of my time. our European allies. the distinguished gentleman from The Acting CHAIR. The question is I reserve the balance of my time. on the amendment offered by the gen- Mr. OBERSTAR. I reserve the right Pennsylvania (Mr. ALTMIRE). tleman from Minnesota (Mr. OBER- to close. Mr. ALTMIRE. I rise to highlight my provision in the manager’s amendment STAR). The Acting CHAIR. The gentleman The amendment was agreed to. from Wisconsin has the right to close. of the FAA authorization which directs Mr. OBERSTAR. It’s my amendment. the GAO to conduct a nationwide study AMENDMENT NO. 2 OFFERED BY MR. LEE OF NEW YORK The Acting CHAIR. The gentleman of helicopter medical services. The Acting CHAIR. It is now in order from Wisconsin has the right to close. On April 22, the Aviation Sub- to consider amendment No. 2 printed in PARLIAMENTARY INQUIRY committee held a hearing on oversight part C of House Report 111–126. Mr. OBERSTAR. Parliamentary in- of medical helicopters, which con- Mr. LEE of New York. I have an quiry. Is the right to close reserved to firmed my concerns about this indus- try. A recent and disturbing increase in amendment at the desk. the opposition to the amendment? The Acting CHAIR. The Clerk will The Acting CHAIR. A manager in op- safety-related incidents involving heli- copter medical services impacts real designate the amendment. position to the amendment has the The text of the amendment is as fol- patients who have been harmed or put right to close. Mr. PETRI is a manager lows: in opposition. at risk in areas where there is fierce Mr. OBERSTAR. I yield 1 minute to and unregulated competition among Amendment No. 2 offered by Mr. LEE of New York: the gentleman from Illinois (Mr. medical helicopters. Page 259, after line 22, insert the following COSTELLO). The language that I provided Chair- (with the correct sequential designations and Mr. COSTELLO. I thank Chairman man OBERSTAR provides for a study to conform the table of contents of the bill ac- OBERSTAR again. Mr. PETRI, I would illuminate the troubles in the heli- cordingly):

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.066 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5967 SEC. 826. PILOT TRAINING AND CERTIFICATION. gional carrier, Colgan Air, operating this amendment to require a Govern- (a) INITIATION OF STUDY.—Not later than 3 under the banner of a major commer- ment Accountability Office study of months after the date of enactment of this cial airline. So the passengers were fly- commercial airline pilot training and Act, the Comptroller General shall initiate a ing on a Colgan plane but were holding certification programs. study on commercial airline pilot training On February 12, 2009, 50 lives were and certification programs. The study shall Continental Airline tickets. This is not include the data collected under subsection unusual. In fact, regional carriers now lost when Continental Connection (b). make up almost half of the Nation’s flight 3407 crashed into a house in Clar- (b) DATA COLLECTED.—In conducting the daily flights. These revelations, com- ence, New York, 5 miles from the Buf- study, the Comptroller General shall collect bined with the fact that all of the mul- falo Niagara International Airport. data on— tiple fatality commercial plane crashes What was to be a joyous reuniting of (1) commercial pilot training and certifi- that have occurred in this country family and friends became a time of cation programs at United States air car- since 2002 have been on regional car- unspeakable grief and sorrow. It is a riers, including regional and commuter air riers, have left the families and the tragedy our community continues to carriers; grapple with today. (2) the number of training hours required public with more questions than an- for pilots operating new aircraft types before swers. Last week, the National Transpor- assuming pilot in command duties; This amendment would instruct the tation Safety Board held public hear- (3) how United States air carriers update GAO to conduct a thorough investiga- ings on the crash. The investigation and train pilots on new technologies in air- tion of all commercial airline pilots’ raised the issue that the crew’s level of craft types in which they hold certifications; training and certification programs, in- hands-on training and experience with (4) what remedial actions are taken in cluding the standards the FAA uses for the plane’s safety system may have cases of repeated unsatisfactory check-rides contributed to the crash. Given these by commercial airline pilots; such programs, how quickly air car- riers update and train pilots on new findings, we must conduct a com- (5) what stall warning systems are included prehensive review of the procedures in flight simulator training compared to technologies, and what warning tech- classroom instruction; and nologies are in place to signal impend- governing the certification and train- (6) the information required to be provided ing danger. This top-to-bottom review ing of pilots. This review will deter- by pilots on their job applications and the will provide the American people with mine whether our pilots are receiving ability of United States air carriers to verify an independent look at the disparity in the training and experience they need the information provided. training between the regional carriers to operate their aircraft under times of (c) CONTENTS OF STUDY.—The study shall extreme difficulty and stress. We have include, at a minimum— and major commercial airlines and, more importantly, what impact it has an obligation to ensure that they are (1) a review of Federal Aviation Adminis- properly prepared to prevent, respond on passenger safety. tration and international standards regard- to and recover from the emergencies ing commercial airline pilot training and I want to submit a message from certification programs; Kevin Kuwik, whose girlfriend lost her and circumstances they may encounter (2) the results of interviews that the Comp- life in the crash. Kevin has been speak- in flight. This amendment will provide Con- troller General shall conduct with United ing on behalf of the families. gress with the information and anal- States air carriers, pilot organizations, the ‘‘In the past 3 months, our group of ysis we need to determine whether National Transportation Safety Board, the families has struggled to come to Federal Aviation Administration, and such pilot training and certification regula- terms with the fact that this tragic ac- other parties as the Comptroller General de- tions are sufficient, or whether and cident was, seemingly, very prevent- termines appropriate; and how they should be strengthened. The able. This action represents an impor- (3) such other matters as the Comptroller devastation felt in the aftermath of General determines are appropriate. tant step in ensuring that all pilots are this tragedy can never be undone. But (d) REPORT.—Not later than 12 months trained at the highest level possible, we owe it to the families of the victims after the date of initiation of the study, the especially in the critical areas of stall Comptroller General shall submit to the Ad- and to all air passengers to learn from recovery and cold weather operations, this experience and to gather informa- ministrator, the Committee on Transpor- to prevent other families from having tation and Infrastructure of the House of tion that we can use to change the sys- Representatives, and the Committee on to suffer through what we have.’’ tem and improve flight safety. Commerce, Science, and Transportation of I want to echo the forward-looking I thank Congressman CHRIS LEE for the Senate a report on the results of the aspect of Kevin’s statement. This is his leadership and for bringing this study, together with the findings and rec- not about assigning blame to any one amendment to the floor. This is a good, ommendations of the Comptroller General individual or entity. While it is horri- commonsense amendment. I urge its regarding the study. fying to think that this tragedy may adoption. b 1530 have been avoided, this comprehensive I reserve the balance of my time. review would expose information that The Acting CHAIR. The gentleman The Acting CHAIR. Pursuant to would help the aviation industry re- from New York (Mr. LEE) has 2 minutes House Resolution 464, the gentleman form its training practices to ensure remaining. from New York (Mr. LEE) and a Mem- passenger safety and confidence. Mr. LEE of New York. I would like to ber opposed each will control 5 min- I want to close by again thanking my yield 1 minute to the distinguished utes. colleagues from western New York, Ms. gentleman from Wisconsin (Mr. PETRI). The Chair recognizes the gentleman SLAUGHTER and Mr. HIGGINS, for agree- Mr. PETRI. I thank my colleague from New York. ing that there is a need for this action CHRIS LEE from New York for yielding Mr. LEE of New York. Thank you. and, more importantly, for the support and rise in support of his amendment. I want to start by thanking my col- they have given to our community in It’s an important step to prevent simi- leagues from western New York, Ms. the months since the tragedy occurred. lar accidents in the future. It is some- SLAUGHTER and Mr. HIGGINS, for sign- I urge the adoption of this amendment. thing that we need to do, and I very ing on to this amendment and the sup- I reserve the balance of my time. much appreciate his offering the port they have given to the families of Mr. HIGGINS. I rise to claim the amendment at this time. the victims of flight 3407. The need for time in opposition, although I am not Mr. BOCCIERI. Mr. Chair, the resolution this amendment arose due to the rev- opposed to the amendment. seeks a GAO study on all commercial airline elations that came out of the NTSB The Acting CHAIR. Without objec- pilot training and certification programs in the hearings held last week and the causes tion, the gentleman from New York is wake of new revelations surrounding the of the crash. As I’m sure many Mem- recognized for 5 minutes. events that led up to the Continental Connec- bers of this distinguished body know by There was no objection. tion Flight 13407 tragedy. now, the crew of flight 3407 was not Mr. HIGGINS. I yield myself as much FAA minimum pilot standards are long over- adequately trained to execute maneu- time as I may consume. due for an overhaul. vers that may have prevented this Mr. Chairman, I am pleased to join It is my hope Congress will take a com- tragedy. All 49 people onboard lost my western New York colleagues, Con- prehensive look at these standards and make their lives in addition to one person on gressman CHRIS LEE and Congress- necessary changes. This study will help us de- the ground. Here we had a case of a re- woman LOUISE SLAUGHTER, in offering termine what shortcomings currently exist.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\A21MY7.052 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5968 CONGRESSIONAL RECORD — HOUSE May 21, 2009 The Colgan Air crash in Buffalo underscored The Chair recognizes the gentle- celled until she had already made the long the danger of not having fully trained pilots in woman from California. trek to LaGuardia. ‘‘I’m not unhappy about the the cockpit. Ms. RICHARDSON. Mr. Chairman, I snow,’’ she said. ‘‘I’m unhappy about the fact The flying public has a reasonable expecta- have offered an amendment today they don’t notify you.’’ tions that pilots will have all the critical training which would give the FAA adminis- Customer service matters. Why? It is in the necessary to protect their lives in the air and trator 180 days to issue regulations to economic interests of this nation for the con- make in-flight adjustments based on condi- mandate giving consumers an option tinuation of a stable aviation industry while tions; while investigations are ongoing—it is for text message and/or e-mail notifica- protecting their customers and providing them becoming clear Colgan did not meet those ex- tion from carriers in the event of a with the tools to make informed traveling deci- pectations in the Buffalo crash. delay or canceled flight. The amend- sions. The summer travel season is coming (1) Commercial pilot training and certifi- ment would, consistent with the exist- and it is important for every American busi- cation programs at United States air carriers, ing regulations, apply to 18 major car- ness, large and small, that folks travel around including regional and commuter air carriers; riers who earn at least 1 percent of the the country to keep our tourism sector strong. (2) The number of training hours required domestic passenger service revenue and It is important to note that this amendment for pilots operating new aircraft types before in that way those carriers could, in does not call for the aviation carriers to pro- assuming pilot in command duties; fact, provide a commonsense option for vide the service at no cost; similar to if some- (3) How United States air carriers update all passengers. one makes a 4–1–1 information call on their and train pilots on new technologies in aircraft The reason for the amendment is cell phone, passengers will pay whatever their types in which they hold certifications; that a limited number of carriers offer telecommunications or electronic plan re- (4) What remedial actions are taken in this service, and those who do often quires. But, passengers should have the piece cases of repeated unsatisfactory check-rides only provide the service to those who of mind to know that if they choose, they will by commercial airline pilots; are willing to participate in member- be armed with the latest information. (5) What stall warning systems are included ship clubs or incentives to join. With I want to thank Chairman OBERSTAR and in-flight simulator training compared to class- well-known horror stories of delayed Chairman COSTELLO for their feedback on this room instruction; and canceled flights, combined with amendment. I urge all my colleagues to sup- (6) The information required to be provided the widespread capabilities for the use port this commonsense amendment. by pilots on their job applications and the abil- of cell phones and BlackBerrys nation- Mr. COSTELLO. Will the gentle- ity of United States air carriers to verify the in- wide, it’s time to provide a 21st cen- woman yield? Ms. RICHARDSON. I yield to the formation provided. tury solution to the American flying Mr. HIGGINS. Mr. Chairman, I yield gentleman from Illinois. public. Americans and worldwide trav- Mr. COSTELLO. Let me say that you back the balance of my time. elers are calling for solutions that Mr. LEE of New York. I yield back have made a very strong case, and we would enable critical information peo- accept your amendment. the balance of my time. ple need to ensure proper planning in The Acting CHAIR. The question is Ms. RICHARDSON. I reserve the bal- the case of a delay or cancellation. ance of my time. on the amendment offered by the gen- There is overwhelming evidence that delays Mr. PETRI. Mr. Chairman, I rise with tleman from New York (Mr. LEE). and cancellations continue to be a common concerns about the amendment. The amendment was agreed to. nuisance. The Acting CHAIR. The gentleman AMENDMENT NO. 3 OFFERED BY MS. RICHARDSON About 24 percent of all flights, that is almost from Wisconsin is recognized for 5 min- The Acting CHAIR. It is now in order 1 out of 4, were delayed or cancelled in 2008. utes in opposition. to consider amendment No. 3 printed in In a 2006 example that garnered media atten- Mr. PETRI. I think we can all agree part C of House Report 111–126. tion, thunderstorms shut down American Air- that notifying passengers of their Ms. RICHARDSON. I have an amend- lines’ operations in Dallas-Fort Worth and pas- flight’s status is quite important. But I ment at the desk. sengers were stranded for nine hours or more. would like to express a number of con- The Acting CHAIR. The Clerk will Major chokepoints for travelers have been cerns about the amendment. It’s an im- designate the amendment. large, hub airports. Even when Chicago, New portant area, and we would like to The text of the amendment is as fol- York, Atlanta or San Francisco is not your final work on it, but we want it to be an ef- lows: destination, thousands of passengers are rout- fective amendment that would not Amendment No. 3 offered by Ms. RICHARD- ed through those hubs for a connection. have unintended consequences. So it is SON: Although, with a decline in air traffic due to in that spirit that I express concerns Page 142, at the end of the matter fol- our economic condition, progress is still slow lowing line 5, insert the following: about the amendment. in many of our major airports such as JFK or We worry that the amendment will 42304. Notification of flight status by text LaGuardia in New York, or Chicago’s O’Hare. have negative, as I said, unintended message or email. Even worse, San Francisco International actu- consequences on some air carriers. Al- Page 147, line 25, strike the closing ally saw an increase in delay times by 6 per- quotation marks and the final period and in- though it only applies to carriers that sert the following: cent from 2007 to 2008. earn at least 1 percent of domestic pas- There are many reasons that a delay could senger service revenue, this amend- ‘‘§ 42304. Notification of flight status by text occur and unfortunately most passengers are message or email ment will still affect many regional not aware, for example, of poor weather con- ‘‘Not later than 180 days after the date of carriers that do not have the capability enactment of this section, the Secretary of ditions in other cities that indirectly affect their of carrying out the mandates of the Transportation shall issue regulations to re- flight. In one example, a direct flight last year amendment. The vast majority of re- quire that each air carrier that has at least from Denver to Alabama was delayed 8 hours gional carriers do not issue tickets. 1 percent of total domestic scheduled-service because the airline did not have a plane avail- This is done by their mainline air part- passenger revenue provide each passenger of able. The plane was grounded in Aspen, Colo- ner. Thus, these regional carriers do the carrier— rado due to snow and could not make the trip not even have their passengers’ contact ‘‘(1) an option to receive a text message or to Denver. information, making the requirement email or any other comparable electronic This is a common example of an airline hav- impossible to adhere to by them. They service, subject to any fees applicable under the contract of the passenger for the elec- ing prior notice of an upcoming delay. The air- would have to be relying on their main- tronic service, from the air carrier a notifi- line could have sent each passenger who re- line partner. cation of any change in the status of the quested it an email or text message, and The Regional Airline Association be- flight of the passenger whenever the flight those passengers could have more time to lieves that this amendment, as cur- status is changed before the boarding process plan a different route or contact their family rently written, would require a funda- for the flight commences; and with the news. mental restructuring of the contracts ‘‘(2) the notification if the passenger re- This past March, snow slammed the East and partnership language between the quests the notification.’’. Coast unexpectedly. In the New York region regionals and the mainline carriers The Acting CHAIR. Pursuant to alone, the storm caused 350 cancelled flights that could affect the relationships in a House Resolution 464, the gentlewoman at Newark Airport, 115 at JFK, and 450 at number of ways. from California (Ms. RICHARDSON) and a LaGuardia. I hope that my colleagues will join Member opposed each will control 5 One woman, Ms. Marreta Rashad, did not me in working as we go forward to re- minutes. find out her flight home to Houston was can- fine this amendment so that it

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.044 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5969 achieves its intended notification to Today Congress will vote on H.R. 915, our continued safety must be recog- passengers without economically dam- which will reauthorize the funding and nized and protected. If any element of aging consequences on the balance of Safety Oversight Program of the Fed- safety is compromised, then we deserve power between the small regionals and eral Aviation Administration for 4 to know. the mainline partners that they have. years. This will cost the American tax- The amendment I offer today does Mr. OBERSTAR. Will the gentleman payers $70 billion. Yet again, another not give whistleblowers any new laws yield? omnibus bill for yet another historic to pursue legal action. The amendment Mr. PETRI. I yield to the gentleman amount of money, and this time spent only proposes to preserve the laws that from Minnesota. for the FAA. Where will this money they already have and certainly not Mr. OBERSTAR. Could the gen- come from? The money will not come give them any less. They should not be tleman explain whether his position is from large commercial airlines. These faced with retaliatory firings. They just raising questions or is he in oppo- fees will not be generated alone by should not have retribution taken in sition to the amendment? labor and the efforts of big businesses. their private, non-work lives. Mr. PETRI. We’re just raising ques- These fees will come from the average Individuals in the world of the Fed- tions. We agree the amendment is an American already struggling to make eral Aviation Administration should be important one, and it addresses a real ends meet. For instance, this bill will able to speak up and speak out when need. We just want it not to have the increase the Passenger Facility Charge safety is being compromised. Whether unintended consequence of benefiting on airline flights from $4.50 to $7. So it is the Federal Government, a private the mainline ticket processing oper- every American flying will now have to company, or their fellow colleagues ations at the expense of the small re- pay $2.50 more for each trip. In these who compromise safety, these brave gional carriers which, if it was a man- tough and trying economic times, people are entitled to the full protec- date, it might have the effect of doing. every dollar counts. So how can we jus- tion of the law when they inform the tify making our constituents and air- It is not the intention of it, but it public as to how our safety is com- line consumers pay more money to fly would be an unintended consequence promised. and visit their relatives? In my district we have had several because these people would need to get This bill will also create new fees for instances of constituents who have the information to comply from some- registering an aircraft. A new fee for acted as whistleblowers. Some have one else, and that person, foreseeably, the issuance of aircraft certificates, a had their claims fully investigated and could affect the contract relationship. new fee for the issuance of special reg- overseen by the FAA. Some have not. Mr. OBERSTAR. If the gentleman istrations, a new fee for recording secu- Some have been punished for speaking would further yield, it’s a legitimate rity interests, and a new fee for legal out. Some have not. We must make concern, and we will address that con- opinions for aircraft registration or certain that every whistleblower is cern—I assure the gentleman—as we recordation. There is even a new fee for treated fairly and equally. Each and move forward to hopefully conference replacing or issuing airman certifi- every claim reported to the FAA with the Senate. I would like the dis- cates. It begs the question, what won’t should be properly reviewed. I asked in tinguished ranking member to give us we be imposing a new fee upon? November of 2008 to conduct an over- some further elaboration of these At least with this bill, a vote for it sight and investigations hearing focus- issues. We will address those. will affect everyone. Everyday trav- ing on whistleblowers. Mr. PETRI. With the assurance of elers, tourists, small businesses and I would like for this letter that I sent the chairman, at this time we would be large businesses alike will have their to my Subcommittee of Oversight and happy to see the amendment move for- pocketbooks affected. I refer specifi- Investigations to be included in the ward, knowing that it will be refined as cally to the language in this bill re- RECORD. we go forward. garding the antitrust immunity sunset, NOVEMBER 18, 2008. I yield back the balance of my time. which would terminate airline code- Hon. BART STUPAK, Ms. RICHARDSON. I yield back the sharing alliance agreements between Chairman, Oversight and Investigations, balance of my time. airlines and the United States Govern- Washington, DC. The Acting CHAIR. The question is ment. Most major U.S. airlines are DEAR CHAIRMAN STUPAK, When we spoke a on the amendment offered by the gen- members of one of three partnerships. few weeks ago, I mentioned a situation relat- tlewoman from California (Ms. RICH- They entered into these alliance agree- ing to the Dallas-Fort Worth’s Terminal Radar Approach Control (DFW TRACON) ARDSON). ments in the late eighties and the early nineties under both Republican and that could place the safety of the flying pub- The amendment was agreed to. lic at risk. I believe that this issue should be AMENDMENT NO. 4 OFFERED BY MR. BURGESS Democratic Presidential leadership, of interest to you as Chairman of the Energy The Acting CHAIR. It is now in order with full review of the U.S. Depart- and Commerce Committee’s Oversight and to consider amendment No. 4 printed in ment of Transportation as well as the Investigation Subcommittee as an example part C of House Report 111–126. Antitrust Division of the U.S. Depart- of how certain whistleblowers courageously reported abuses of the public trust in an at- Mr. BURGESS. I have an amendment ment of Justice. Now it has been estimated that these tempt to change FAA’s safety and manage- at the desk. airlines will lose almost $5 billion in ment culture. If you are contemplating a The Acting CHAIR. The Clerk will 2009 alone due to the precipitous drop hearing during the 111th Congress focusing designate the amendment. in passengers. on federal whistleblowers, I believe the addi- The text of the amendment is as fol- Mr. OBERSTAR. Will the gentleman tion of any one of the brave Americans in- lows: volved in this particular situation would pro- yield? vide a valuable perspective. Amendment No. 4 offered by Mr. BURGESS: Mr. BURGESS. No. Let me continue This dangerous situation came to light Page 259, after line 22, insert the following because my time is short. when one of my constituents, Anne White- (with the correct sequential designations and We are punishing the American con- man, raised concerns about the Federal conform the table of contents of the bill ac- sumer by increasing the Passenger Fa- Aviation Administration management at cordingly): cility Charge, and now we’re punishing DFW TRACON. Her concerns were that sen- SEC. 826. WHISTLEBLOWERS AT FAA. the American consumer by inconven- ior managers and air-traffic controllers in- It is the sense of Congress that whistle- iencing their ability to book travel. I tentionally misclassified near-miss events as blowers at the Federal Aviation Administra- can only begin to imagine the increase pilot error when in fact they were due to tion be granted the full protection of the controller error in order to avoid investiga- law. in costs when we eradicate these alli- ances. However, there is one issue in tion of these incidents and potential discipli- The Acting CHAIR. Pursuant to nary action. The Office of the Inspector Gen- the bill which is clearly bipartisan and House Resolution 464, the gentleman eral at the Department of Transportation, at which none of us would ever stand in the direction of the Office of Special Council, from Texas (Mr. BURGESS) and a Mem- disagreement upon, and that is the ber opposed each will control 5 min- initiated an investigation and in April 2008 issue of safety. they concluded that Anne Whiteman’s con- utes. b 1545 cerns were well-founded. Their report con- The Chair recognizes the gentleman firmed that senior management officials at from Texas. Every citizen should be safe when the FAA jeopardized the safety of our citi- Mr. BURGESS. Thank you. they fly, and those who act to ensure zens by misclassifying air traffic events

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.075 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5970 CONGRESSIONAL RECORD — HOUSE May 21, 2009 merely so they could falsely improve their We accept the whistleblower amend- AMENDMENT NO. 5 OFFERED BY MR. CUELLAR, quality ranking. ment. However, the gentleman is mis- AS MODIFIED As per DOT procedure, this report by the guided about the passenger facility The Acting CHAIR. It is now in order DOT’s OIG was referred to the Office of Spe- to consider amendment No. 5 printed in cial Counsel, and on November 14, 2008, they charge. We do not require airports to issued their report also finding Anne White- impose passenger facility charges, Mr. part C of House Report 111–126. man’s facts to be reasonable. OSC found that Chairman. It is a local option. They ei- Mr. CUELLAR. Mr. Chairman, I have the DFW TRACON acted to systematically ther do or they do not as airport needs an amendment at the desk. mischaracterize operational errors as pilot require. If they want to expand airport The Acting CHAIR. The Clerk will errors. The OSC found this systematic be- runway capacity, taxiway capacity, designate the amendment. havior directly resulted from a general lack parking apron capacity on the air side The text of the amendment is as fol- of oversight at the FAA and also made rec- lows: ommendations to mitigate and avoid this of airports and need, in addition to the type of situation in the future. I have in- airport improvement funds, additional Amendment No. 5 offered by Mr. CUELLAR: cluded a copy of the OSC final report and the revenues to do that, they will have to Page 258, after line 11, insert the following OIG April 2008 Memorandum for your review. justify to their board, to their commu- (with the correct sequential provision des- Thank you for your consideration of this nity, to those who use that airport, ignations [replacing the numbers currently request. As always, it is a pleasure working they have to justify their proposal to shown for such designations]) and conform the table of contents accordingly: with you. Even though we do not always see increase the passenger facility charge, eye-to-eye on every issue, I know both you show how it is going to be used, show SEC. 824. FAA RADAR SIGNAL LOCATIONS. and I share a desire to ensure that those en- (a) STUDY.—The Administrator of the Fed- trusted with the public’s safety are held ac- how the revenues will contribute to im- eral Aviation Administration shall conduct a countable. provement of aviation service and do it study on the locations of Federal Aviation Sincerely, all in a public process. Administration radar signals (in this section MICHAEL C BURGESS, I’m puzzled as to the gentleman’s referred to as ‘‘FAA radars’’) in the United Member of Congress. concerns about that provision and States, including the impact of such loca- I wanted this Congress to look into many others. tions on— how certain courageous whistleblowers I yield to the gentleman from Illi- (1) the development and installation of re- report abuses of the public trust and nois, the Chair of the subcommittee. newable energy technologies, including wind how the FAA’s safety and management Mr. COSTELLO. I thank you for turbines; and culture responds. (2) the ability of State and local authori- yielding, Mr. Chairman. ties to identify and plan for the location of Now, I am well aware that we have The point that I would make about such renewable energy technologies. stopgap funding for the FAA. Perhaps the passenger facility charges is ex- (b) CONSULTATION.—In conducting the as a result of this, the FAA has not had actly the point that Chairman OBER- study, the Administrator may consult with the time, the energy, or the resources STAR just made. It is permissive. It is the heads of appropriate agencies as needed. to do proper oversight and investiga- up to the local airport authority. And (c) REPORT.—Not later than 18 months tions. Perhaps they have not had a if, in fact, there is a passenger facility after the date of enactment of this Act, the chance to look into each and every charge collected, it stays there at the Administrator shall transmit to Congress a report on the results of the study. whistleblower action. If this is the local airport. case, then the solution is not to create (d) ADMINISTRATIVE PROCESS.—The Admin- Mr. PAYNE: Mr. Chair, I rise in strong sup- istrator shall develop an effective adminis- new laws, thus new actions for the FAA port of the Burgess amendment to ensure trative process for relocation of FAA radars, to undergo. The solution is not to give whistleblower protection for FAA employees, as necessary, and testing and deployment of them unheard of amounts of money by and I commend Dr. BURGESS for offering this alternate solutions, as necessary. taxing consumers. amendment. I have been deeply disturbed at The Acting CHAIR. Pursuant to Instead, let us give the FAA the re- the situation at Newark Liberty International House Resolution 464, the gentleman sources they need to do the proper Airport in my congressional district of Newark, from Texas (Mr. CUELLAR) and a Mem- oversight and investigations and en- New Jersey. The safety concerns raised by a ber opposed each will control 5 min- sure that the safety of our citizens is number of our air traffic controllers, the profes- our first and foremost concern. My utes. sionals we rely on to get us safely to and from The Chair recognizes the gentleman amendment will recognize the role our destinations, have been virtually ignored. whistleblowers play in creating a safe from Texas. We have a situation where wrong turns Mr. CUELLAR. Mr. Chairman, I ask flying environment, and I hope Mem- caused by pilots’ confusion over the FAA’s bers will join me in supporting their for unanimous consent to modify the new procedure have resulted in near-colli- amendment with the modification at important role. sions. Yet, when the air traffic controllers have Mr. PETRI. Will the gentleman the desk. expressed alarm, the response of FAA man- yield? The Acting CHAIR. The Clerk will re- Mr. BURGESS. I yield to the gen- agement has been to retaliate against the em- port the modification. tleman from Wisconsin. ployees who are trying to guard the safety of The Clerk read as follows: Mr. PETRI. The amendment affirms the flying public. Let me also add that I am Amendment No. 5 Offered by Mr. CUELLAR, the sense of Congress that whistle- disappointed that New Jersey communities, as modified: blowers at the FAA should be fully pro- especially those in Essex and Union counties Page 258, after line 11, insert the following tected by law, and we support the in my congressional district, are being forced (with the correct sequential provision des- amendment. to bear an unfair share of the noise burden ignations [replacing the numbers currently The Acting CHAIRMAN. The time of under the airspace redesign plan. I hope that shown for such designations]) and conform the table of contents accordingly: the gentleman from Texas has expired. the new FAA administrator will address both Mr. OBERSTAR. I ask unanimous the whistleblower protection issue and the SEC. 824. FAA RADAR SIGNAL LOCATIONS. consent to claim time in opposition to need to reexamine the airspace redesign plan. (a) STUDY.—The Administrator of the Fed- eral Aviation Administration shall conduct a the amendment, although I do not in- Mr. OBERSTAR. I yield back the bal- ance of my time. study on the locations of Federal Aviation tend to oppose the amendment. Administration radar signals (in this section The Acting CHAIRMAN. Without ob- The Acting CHAIR. The question is referred to as ‘‘FAA radars’’) in the United jection, the gentleman from Minnesota on the amendment offered by the gen- States, including the impact of such loca- is recognized for 5 minutes. tleman from Texas (Mr. BURGESS). tions on— There was no objection. The question was taken; and the Act- (1) the development and installation of re- Mr. OBERSTAR. It was unclear to ing Chair announced that the ayes ap- newable energy technologies, including wind me what the gentleman was proposing. peared to have it. turbines; and His amendment deals with whistle- Mr. OBERSTAR. Mr. Chairman, I de- (2) the ability of State and local authori- blowers, but his conversation rambled mand a recorded vote. ties to identify and plan for the location of all over the lot on other provisions of The Acting CHAIR. Pursuant to such renewable energy technologies. (b) CONSULTATION.—In conducting the the bill, and I was simply going to ask clause 6 of rule XVIII, further pro- study, the Administrator may consult with the gentleman if he was ever going to ceedings on the amendment offered by the heads of appropriate agencies as needed. get to his amendment. And eventually the gentleman from Texas will be post- (c) REPORT.—Not later than 18 months he did. poned. after the date of enactment of this Act, the

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.056 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5971 Administrator shall transmit to Congress a has been delayed because such farms This perception feeds the belief that report on the results of the study. interfere with radars used by the FAA. Members of Congress are arrogant and (d) ADMINISTRATIVE PROCESS.—The Admin- The amendment is simple. It requires out of touch with the American people istrator shall develop an effective adminis- the FAA to study and report to the that we represent. This is a problem trative process for relocation of FAA radars, when appropriate, and testing and deploy- Congress on the impact radar replace- that exists in other areas of the Fed- ment of alternate solutions, as necessary. ment can have on the development of eral Government as well. There are (e) LIMITATION ON STATUTORY CONSTRUC- renewable energy facilities. If they can courthouses, such as the ones named TION.—Nothing in this section shall be con- still achieve their national security after Senator THAD COCHRAN of Mis- strued to affect the authority of the Admin- and public safety goals from an alter- sissippi, and then there is the Charlie istrator to issue hazard determinations. native location while still accommo- Rangel Center for Public Service. Mr. CUELLAR (during the reading). dating the development of renewable There are also various roads and Mr. Chairman, I ask unanimous con- energy, then Congress should know bridges across the country named after sent to dispense with the reading of the this so we can then take appropriate Members of Congress and everything modification. action. from schools to clinics to prisons in The Acting CHAIR. Is there objection Mr. CUELLAR. I just want to thank West Virginia named for Senator BYRD. to the request of the gentleman from Mr. OBERSTAR and Mr. COSTELLO for Unlike the bill I have introduced to Texas? their time and Mr. MCCAUL, Mr. ORTIZ, end this practice, this amendment is There was no objection. and Mr. RODRIGUEZ, who also cospon- limited only to the scope of projects The Acting CHAIR. Without objec- sored this amendment. authorized by the underlying bill. But tion, the amendment is modified. I yield back the balance of my time. with this first step, we can start to cor- There was no objection. The Acting CHAIR. Does any Member rect this and hopefully begin anew to Mr. CUELLAR. Mr. Chairman, I yield seek time in opposition? restore some of the standing that this myself such time as I may consume. If not, the question is on the amend- great institution has lost with the peo- Mr. Chairman, I want to thank first, ment, as modified, offered by the gen- ple that it serves. of course, our chairman, Mr. OBERSTAR, tleman from Texas (Mr. CUELLAR). I ask my colleagues to support this for his leadership on this bill. The amendment, as modified, was amendment, and I reserve the balance My amendment will assess the effect agreed to. of my time. of the FAA’s radars and alternative AMENDMENT NO. 6 OFFERED BY MR. MCCAUL I yield to the gentleman from Wis- technology development especially on The Acting CHAIR. It is now in order consin (Mr. PETRI). wind farm development and when ap- to consider amendment No. 6 printed in Mr. PETRI. The amendment that the propriate direct the administrator to part C of House Report 111–126. gentleman offered would help restore develop a process for the relocation of Mr. MCCAUL. Mr. Chairman, I have confidence in the public’s mind that those radars if a suitable alternative an amendment at the desk. the projects and programs included in The Acting CHAIR. The Clerk will site is identified. This bipartisan the authorization bill are for the public amendment was bourn out of conversa- designate the amendment. The text of the amendment is as fol- benefit. tion with the FAA and the Transpor- I would like to thank you for offering lows: tation and Infrastructure’s Aviation the amendment. Amendment No. 6 offered by Mr. MCCAUL: Subcommittee. I certainly want to Page 259, after line 9, insert the following I urge my colleagues to support the thank the chairman also. (with the correct sequential provision des- amendment. Mr. Chairman, I want to be clear that ignations [replacing the numbers currently The Acting CHAIR. The gentleman nothing in this amendment shall be shown for such designations]) and conform from Texas reserves the balance of his construed to constrain the issuing of a the table of contents accordingly: time. determination of no hazard to air navi- SEC. 826. PROHIBITION ON USE OF CERTAIN Mr. OBERSTAR. I ask unanimous gation for wind construction projects FUNDS. consent to claim time in opposition to while the study is underway. I have in- The Secretary may not use any funds au- thorized in this Act to name, rename, des- the amendment, although I think I do cluded clarifying language in my modi- ignate, or redesignate any project or pro- not intend to oppose it. fied amendment, and I intend to work gram under this act for an individual then The Acting CHAIR. Without objec- with Chairman OBERSTAR and the Sen- serving as a Member, Delegate, Resident tion, the gentleman from Minnesota is ate in the conference to ensure that Commissioner, or Senator of the United recognized for 5 minutes. the legislative intent of this amend- States Congress. There was no objection. ment stays there so we don’t halt the The Acting CHAIR. Pursuant to Mr. OBERSTAR. I just want to make issuance of permits for wind tech- House Resolution 464, the gentleman it clear that the language of the nology. from Texas (Mr. MCCAUL) and a Mem- amendment is general in nature. And Mr. COSTELLO. I ask the gentleman ber opposed each will control 5 min- Mr. Chairman, I ask of the offeror of to yield. utes. The Chair recognizes the gen- the amendment, although he ref- Mr. CUELLAR. Yes, sir. tleman from Texas. erenced sitting Members of the House Mr. COSTELLO. The gentleman has Mr. MCCAUL. Mr. Chairman, I rise and Senate, he does not intend this made a strong case. We accept the today to offer this amendment that language to apply to any specific Mem- amendment, and we will submit a would prohibit naming airports, Fed- ber, is that correct? statement in the RECORD. eral programs, and other projects Mr. MCCAUL. Will the gentleman Mr. CUELLAR. I would like to yield under the FAA’s jurisdiction after sit- yield? 1 minute to Mr. MCCAUL. ting Members of Congress. Although Mr. OBERSTAR. I yield to the gen- The Acting CHAIR. The gentleman such instances are rare, this practice tleman. from Texas is recognized for 1 minute. further erodes the public trust in this Mr. MCCAUL. This amendment is not Mr. MCCAUL. I thank the gentleman institution and its Members. intended to be applied retroactively. It from Texas, my good friend, Mr. Recent press reports from the John would only apply to then Members— CUELLAR. Murtha Johnstown-Cambria County Mr. OBERSTAR. The language is not Mr. Chairman, I rise in support of Airport highlight this problem. The intended to apply, my question is, to this amendment that I’m proud to co- airport received $800,000 from the stim- any specific Member? sponsor. I urge its adoption. As we all ulus package to upgrade its alternative Mr. MCCAUL. That’s correct. know, the development of alternative runway. Whether or not that is a wise Mr. OBERSTAR. It was a few years energy is of supreme importance to use of money is not the question this ago, quite a few years ago, 1996 to be this country both as an economic and a amendment is intended to address. exact, that the Republican majority national security issue. I believe in the Rather, the problem is that the percep- foisted upon the Washington Airport all-of-the-above energy policy that in- tion of the American people is that this Authority a requirement to designate, cludes more energy domestically. little airport is getting special treat- redesignate the name of the airport Unfortunately, in our home State of ment because it is named after Con- serving the Nation’s capital. They Texas, the construction of wind farms gressman MURTHA. started out this amendment by the

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.063 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5972 CONGRESSIONAL RECORD — HOUSE May 21, 2009 gentleman from Georgia, Mr. Barr, to the naming, and I thought it was very Every year, the FAA works with name it ‘‘Reagan National Airport.’’ fitting to have named it after Presi- local communities and local airports to We pointed out that is renaming the dent Reagan, as it would be if a Mem- address and try to remediate noise and airport. It is named for the first Presi- ber of Congress retires from this insti- safety issues. In my district, that’s dent of the United States. tution and the Congress decides to happening with respect to the Water- That language was changed to call it name a building after a retired Member bury-Oxford Airport, which has the ‘‘Washington-Reagan National Air- of Congress. changed over time: a lot more jet traf- port.’’ Not only did the amendment re- But it is entirely inappropriate for a fic, a lot more noise and increased safe- quire the Washington National Airport Member of Congress to use taxpayer ty concerns for, in particular, a neigh- Authority to change the name of the dollars to name a building after him- borhood, the Triangle Hills neighbor- airport, but it was made very clear to self or herself to glorify themselves. hood, which sits in the town of me that if they did not do that, and if So, with that, I thank the chairman Middlebury. they did not change the signs at their for his bipartisanship on this issue. We are undergoing a process right expense, that funds would be withheld I yield back the balance of my time. now to potentially purchase and relo- from Washington National Airport. The Acting CHAIR. The question is cate some of the people who live in That was mean. That was vicious. It on the amendment offered by the gen- that neighborhood. A problem, though, was done because there was the power tleman from Texas (Mr. MCCAUL). potentially arises in that during the to do it. And it was the wrong thing to The question was taken; and the Act- process of notifying the neighborhood do. ing Chair announced that the ayes ap- and the community about a relocation Now we should not be naming facili- peared to have it. effort, the value of those homes is ties for sitting Members of the House Mr. MCCAUL. Mr. Chairman, I de- going to normally drop. It is standard or of the other body. The plain lan- mand a recorded vote. practice in the FAA to make sure that guage of the amendment is right, and The Acting CHAIR. Pursuant to in assessing the value of those homes that is the practice that we have fol- clause 6 of rule XVIII, further pro- that you do not allow for the decrease lowed. And I accept that. But I would ceedings on the amendment offered by in value due to the notice regarding a just point out, as I did in that debate the gentleman from Texas will be post- potential relocation. This amendment in 1996, that when the question of nam- poned. simply seeks to take that standard ing the new airport in Loudoun County AMENDMENT NO. 7 OFFERED BY MR. MURPHY OF practice issued in guidelines to local came up, Senator Dole offered the CONNECTICUT Departments of Transportation and put amendment to give the Washington Na- The Acting CHAIR. It is now in order it into statute. tional Airport Authority the authority to consider amendment No. 7 printed in This is going to make sure that these to designate a name for that airport. part C of House Report 111–126. processes of relocation ensure that peo- He did not say what name it should be. Mr. MURPHY of Connecticut. Mr. ple in the Triangle Hills neighborhood The airport authority named it. Chairman, I have an amendment at the and like neighborhoods around the I was of a mind to include such lan- desk made in order under the rule. country get the fair market value for guage in this bill, but I withheld doing The Acting CHAIR. The Clerk will their homes, but also, I think it will it, to reestablish the power of the designate the amendment. allow this program to work more effi- Washington National Airport Author- The text of the amendment is as fol- ciently as it goes forward. I think resi- ity to rename that airport, should they lows: dents will be much more willing to choose to do so. It is their authority. It Amendment No. 7 offered by Mr. MURPHY enter into these type of noise remedi- is not ours. And the then-majority ran of Connecticut: ation and safety remediation plans if roughshod. And I said to the gentleman Page 183, after line 21, insert the following they have some assurance that they from Georgia, you would scream to (with the correct sequential provision des- are going to get a fair price for their high heaven if the Congress tried to do ignations [replacing the numbers currently homes. this to an airport in your community, shown for such designations]) and conform So I thank again the chairman and in your district. You would scream to the table of contents accordingly: the ranking member for working with high heaven if we told you what name SEC. 505. DETERMINATION OF FAIR MARKET us on this amendment; and on behalf of VALUE OF RESIDENTIAL PROP- to give it and to change the signs ERTIES. the dozens of residents of the Triangle around the airport at your expense. Section 47504 (as amended by this Act) is Hills neighborhood, we thank you for But you are doing it out of harshness further amended by adding at the end the allowing us to bring this amendment to the Nation’s capital. following: before us. ‘‘(g) DETERMINATION OF FAIR MARKET I reserve the balance of my time. b 1600 VALUE OF RESIDENTIAL PROPERTIES.—In ap- Mr. OBERSTAR. Mr. Chairman, I ask That’s the wrong attitude, and the proving a project to acquire residential real unanimous consent to claim time in gentleman’s amendment is in the right property using financial assistance made opposition, though I do not intend to spirit. available under this section or chapter 471, oppose. But I just want to say for some of the the Secretary shall ensure that the appraisal of the property to be acquired disregards any The Acting CHAIR. Without objec- interventions that I’ve heard on this decrease or increase in the fair market value tion, the gentleman from Minnesota is floor that I’ve had it a little bit with of the real property caused by the project for recognized for 5 minutes. posturing. This is not posturing. This which the property is to be acquired, or by There was no objection. is right. This is fair. We ought to do it, the likelihood that the property would be ac- Mr. OBERSTAR. We accept the gen- and we accept the amendment, but just quired for the project, other than that due to tleman’s amendment, if the gentleman know that there is a painful history physical deterioration within the reasonable is prepared to yield his time. and a wrong history about naming fa- control of the owner.’’. Mr. MURPHY of Connecticut. I yield cilities. The Acting CHAIR. Pursuant to back the balance of my time. I yield back the balance of my time. House Resolution 464, the gentleman Mr. OBERSTAR. I yield back the bal- Mr. MCCAUL. Mr. Chairman, I share from Connecticut (Mr. MURPHY) and a ance of my time. in the same spirit with Chairman Member opposed each will control 5 The Acting CHAIR. The question is OBERSTAR. I think it’s the height of ar- minutes. on the amendment offered by the gen- rogance for us to name, at taxpayer ex- The Chair recognizes the gentleman tleman from Connecticut (Mr. MUR- pense, buildings after sitting Members from Connecticut. PHY). of Congress, people in the Congress, Mr. MURPHY of Connecticut. I yield The amendment was agreed to. currently serving, and that’s what the myself such time as I may consume. AMENDMENT NO. 8 OFFERED BY MR. CASSIDY American people resent about this in- I’d like to thank Chairman OBERSTAR The Acting CHAIR. It is now in order stitution. And I appreciate the biparti- and Chairman COSTELLO and the mi- to consider amendment No. 8 printed in sanship you bring to this. nority members on the committee for part C of House Report 111–126. I would also say that President allowing this amendment to come be- Mr. CASSIDY. Mr. Chairman, I have Reagan was not in office at the time of fore us today. an amendment at the desk.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.084 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5973 The Acting CHAIR. The Clerk will There was no objection. Today, I look forward to voting for designate the amendment. Mr. OBERSTAR. We accept the this important reauthorization of the The text of the amendment is as fol- amendment. If the gentleman is pre- FAA. I want to thank Chairman OBER- lows: pared to conclude his remarks and STAR and Chairman COSTELLO for their Amendment No. 8 offered by Mr. CASSIDY: yield back, we can proceed. I yield excellent work on this bill, including Page 159, line 8, strike ‘‘and’’. back. protections and rights guaranteed to Page 159, line 12, strike the period at the Mr. CASSIDY. I yield back. the 2 million airline passengers that fly end and insert ‘‘; and’’. The Acting CHAIR. The question is in this country every day. The Com- Page 159, after line 12, insert the following: on the amendment offered by the gen- (5) the effect that limited air carrier serv- mittee on Transportation and Infra- ice options on routes have on the frequency tleman from Louisiana (Mr. CASSIDY). structure and the Aviation Sub- of delays and cancellations on such routes. The amendment was agreed to. committee have taken historic steps to The Acting CHAIR. Pursuant to AMENDMENT NO. 9 OFFERED BY MS. KILROY improve flying experiences for pas- House Resolution 464, the gentleman The Acting CHAIR. It is now in order sengers, as well as invest in modern- to consider amendment No. 9 printed in from Louisiana (Mr. CASSIDY) and a izing critical safety systems like air Member opposed each will control 5 part C of House Report 111–126. traffic control. minutes. Ms. KILROY. Mr. Chairman, I have Once a plane has taken off and is in The Chair recognizes the gentleman an amendment at the desk. control of the pilot, smoke in the cock- from Louisiana. The Acting CHAIR. The Clerk will pit can be deadly. There will be noth- Mr. CASSIDY. Mr. Chairman, like designate the amendment. ing our safety systems on the ground many Members of the House, I rep- The text of the amendment is as fol- or air traffic controllers in the tower resent a city with a small hub airport. lows: could do to help. While multiple airlines provide service Amendment No. 9 offered by Ms. KILROY: Mr. Chairman, I reserve the balance Page 115, after line 7, insert the following at small hub airports, most flight of my time. (with the correct sequential provision des- Mr. COSTELLO. I claim time in op- routes have only one airline option. ignations [replacing the numbers currently Many of my constituents perceive that shown for such designations]) and conform position, although I do not intend to this lack of competition creates a high- the table of contents accordingly: oppose the gentlelady’s amendment. er rate of delayed flights. I share their SEC. 312. COCKPIT SMOKE. The Acting CHAIR. For what purpose concern and offer this amendment to (a) STUDY.—The Comptroller General shall does the gentleman from Wisconsin require the Department of Transpor- conduct a study on the effectiveness of over- rise? tation to study the issue. sight activities of the Federal Aviation Ad- Mr. PETRI. Well, I was going to rise Specifically, the Department would ministration relating to preventing or miti- in opposition, even though I don’t op- gating the effects of dense continuous smoke analyze whether the lack of competi- pose the amendment either. We would in the cockpit of a commercial aircraft. support the amendment and urge its tive flight options on some routes af- (b) REPORT.—Not later than one year after fects the frequency of delays and can- the date of enactment of this Act, the Comp- speedy passage. cellations. The Department is already troller General shall submit to Congress a This amendment seeks to improve aviation required to report on flight delays and report on the results of the study. safety by requiring the Government Account- cancellations, and my amendment The Acting CHAIR. Pursuant to ability Office (GAO) to conduct a study on would strengthen this report. House Resolution 464, the gentlewoman FAA oversight of programs intended to pre- Mr. Chairman, the availability of from Ohio (Ms. KILROY) and a Member vent or mitigate the dangerous effects of competitive options on flight routes is opposed each will control 5 minutes. smoke in airline cockpits. affected by a number of factors which The Chair recognizes the gentle- Cockpit smoke can occur due to a variety of may include industry consolidation woman from Ohio. reasons, some which are not always imminent and lack of competition on certain Ms. KILROY. Mr. Chairman, I yield threats. routes, as well as the size of the com- myself 2 minutes. While the FAA has approved several tech- munity served. I rise today in support of my amend- nologies to deal with cockpit smoke, such as This amendment would give us great- ment to raise the profile of dangerous specially designed pilot goggles, not every er understanding about the cause of incidents involving smoke in the cock- technology is appropriate for all types of air- flight delays at small and medium hub pits of aircraft. Smoke in cockpits is a craft or pilot skill levels. The study proposed airports so that we may continue to factor in an unscheduled emergency or by Ms. KILROY’s amendment will assist FAA in improve air service for those commu- emergency landing every single day in determining the most smoke mitigation tech- nities. I urge adoption of the amend- North America. This dangerous in- nology for various operators and aircrafts. ment. flight occurrence has already claimed I thank my colleague for her efforts to im- Mr. PETRI. Would the gentleman over 1,230 lives. prove aviation safety and ask all Members to yield? In 2007, a top NASCAR official and support this amendment. Mr. CASSIDY. I would yield to the his pilot were killed after their plane The Acting CHAIR. Without objec- gentleman from Wisconsin. crashed within minutes of radioing an tion, the gentleman from Illinois (Mr. Mr. PETRI. I thank my colleague for emergency because of smoke cascading COSTELLO) is recognized for 5 minutes. yielding to me. into the cockpit. The crash also killed There was no objection. The amendment he has offered sup- a mother, her 6-month-old infant and a Mr. COSTELLO. Mr. Chairman, we plements a Department of Transpor- 4-year-old next-door neighbor when the commend the gentlewoman on her tation Inspector General study on plane struck into the heart of their amendment. We accept it and yield flight delays and cancellations in the Florida neighborhood. back the balance of our time. base bill by adding to the Inspector The National Transportation Safety Ms. HIRONO. Mr. Chair, I rise today in sup- General’s review a requirement to as- Board has addressed the issue and con- port of the Kilroy amendment to H.R. 916, the sess the effect limited air carrier serv- siders smoke inside the cockpit and FAA Reauthorization Act, which directs the ice options has on the frequency of cabins to be a ‘‘serious issue.’’ The GAO to study, within one year of enactment, delays and cancelations on such routes. NTSB has made recommendations to the effectiveness of FAA oversight activities This is a useful amendment and im- the Federal Aviation Administration related to preventing or mitigating the effects portant to many service airports in our for decades on this very issue. The FAA of dense continuous smoke in the cockpit of country, and I support the amendment does not consider smoke interfering commercial aircraft. and urge its adoption. with the pilot’s vision as a ‘‘unsafe There are several incidents every week Mr. OBERSTAR. Mr. Speaker, I ask condition,’’ despite more than 70 major where an aircraft must land due to the pres- unanimous consent to claim time in events in the last 4 decades and NTSB ence of smoke in the cockpit. In the great ma- opposition, though I do not intend to recommendations. jority of these cases, pilots are able to land oppose. This amendment would gather the the aircraft or disperse the smoke before a The Acting CHAIR. Without objec- data that could prove the need for bet- catastrophic accident results. There have, tion, the gentleman from Minnesota is ter equipment and save thousands of however, been several accidents over the recognized for 5 minutes. lives in the future. years caused by the inability of pilots to see

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 9920 E:\CR\FM\K21MY7.088 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5974 CONGRESSIONAL RECORD — HOUSE May 21, 2009 due to the presence of unstoppable, dense, of such proposed change on the environment, from the gentleman from Florida, who continuous smoke. and, in particular, with regard to airplane appealed many times to the FAA, and Interestingly, the aircraft of the Secretary of noise, and shall state whether this proposed got no response to his concerns. Transportation, the Secretary of Homeland Se- change was considered in conjunction with This process of redesign of the east the on-going New York/New Jersey/Philadel- coast airspace has been going on for 9 curity, senior military leaders, and the Federal phia Metropolitan Airspace Redesign. Aviation Administration have technology (c) REPORT.—The Administrator shall sub- years, this particular plan. There are aboard that ensures that, even in cases of mit to the Committee on Transportation and other plans that have been going on for dense unstoppable blinding smoke, pilots can Infrastructure of the House of Representa- 20 years. They should have been ade- see. tives and the Committee on Commerce, quately discussed in the public domain. I was surprised to learn, however, that there Science, and Transportation of the Senate a The Members of Congress should have is no FAA requirement that passenger airliners report on the results of the study under sub- been engaged in the process, and we’re or military aircraft have an equivalent system section (a) not later than 30 days after the going to change that. We’re going to to ensure that pilots can see under these con- date of enactment of this Act. make this happen. ditions. The technology in question costs ap- The Acting CHAIR. Pursuant to And I want to assure the gentleman proximately $25,000 to $30,000 per aircraft— House Resolution 464, the gentleman that we will work hand-in-glove with which equates to a penny or so per ticket over from New Jersey (Mr. FRELINGHUYSEN) the gentleman, the chairman of the the life of the system. and a Member opposed each will con- Aviation Subcommittee, the distin- As I understand it, the FAA’s minimum safe- trol 5 minutes. guished ranking member of the sub- ty standard is that any failure of systems or The Chair recognizes the gentleman committee, the ranking member of the components that result in catastrophic con- from New Jersey. full committee. sequences must be ‘‘extremely improbable,’’ Mr. FRELINGHUYSEN. Mr. Chair- I would just like to inquire of the and that ‘‘extremely improbable’’ is defined by man, I rise to engage in a colloquy gentleman about Atlantic City airport. the FAA as not one catastrophic event in one with the chairman of the Committee Is that in the gentleman’s district? billion flight hours. on Transportation and Infrastructure, b 1615 According to Boeing data, American certified Mr. OBERSTAR. Mr. FRELINGHUYSEN. That’s a lit- planes have not flown one billion flight hours Mr. Chairman, as you know, I have long been concerned about aircraft tle farther south from where I live. worldwide in the last 50 years. There have, Mr. OBERSTAR. If service were rout- however, been numerous catastrophic fatal noise over northern New Jersey. How- ever, time and time again the Federal ed to Atlantic City, would that divert airliner accidents in which smoke in the cock- noise from the gentleman’s constitu- pit has been a cause or a factor during that Aviation Administration has turned a deaf ear to the tremendous impact air ents? period. Mr. FRELINGHUYSEN. We’ve al- noise has made on our quality of life. Like with U.S. Airways Flight 1549, seconds ways believed in an ocean route. Lately, there has been considerable count. Fortunately, in that case the pilot could Whether the people in the Atlantic discussion about increasing trans- see to land, even if under very difficult condi- would want to have what we’ve been parency in our government. However, tions. If the emergency had been continuous, having to bear, I would doubt it. unstoppable smoke in the cockpit and the pilot it has been extremely difficult to ob- Mr. OBERSTAR. Well, I think there had been unable to see, it is unlikely we tain information from the FAA about is additional capacity. This is the would have had such a happy outcome. proposals that will have significant world’s busiest airspace. The New York I raised this issue during a Transportation negative impacts on my constituents. TRACON handles more aircraft move- and Infrastructure Committee hearing on the I offer this amendment because there ment than all of Europe combined. bill in February. The FAA contends that exist- have been conflicting reports about the Finding places for those aircraft to ap- ing systems and procedures are adequate. I proposed changes by the FAA to the proach and depart is extremely dif- am not convinced, and I welcome an inves- Class B airspace in the New York and ficult. But there is capacity at Stuart tigation of this issue by the GAO. New Jersey metropolitan area. Air Force Base, which is a joint use fa- Ms. KILROY. Mr. Chairman, I appre- Following several inquiries to the cility, and there is capacity at Atlantic ciate the support, and I yield back the FAA, including a letter from the gen- City. All it needs is a surface rail line. balance of my time. tleman from New Jersey (Mr. GARRETT) And that would allow ocean approaches The Acting CHAIR. The question is and me to FAA Acting Administrator that would take noise away from the on the amendment offered by the gen- Lynne Osmus, the FAA has not been gentleman’s constituencies, and from tlewoman from Ohio (Ms. KILROY). forthcoming with its plans about this those in New York and from elsewhere. The amendment was agreed to. proposed airspace change. I’m going on way too long because we AMENDMENT NO. 10 OFFERED BY MR. Together, with many of my col- want to conclude this debate and get to FRELINGHUYSEN leagues in the region, I feel very the final votes. The Acting CHAIR. It is now in order strongly that the FAA must make its But I know that the gentleman’s col- to consider amendment No. 10 printed plans public and be held accountable league, Mr. LOBIONDO, is very strong in in part C of House Report 111–126. for the effects. As the FAA continues support of service from Atlantic City. Mr. FRELINGHUYSEN. Mr. Chair- to redesign the airspace in our region, It would relieve noise from the gentle- man, I have an amendment at the desk it cannot push forward another pro- man’s airport to move aircraft in that that I intend to withdraw at the appro- posal that may lead to even more noise facility. It has a 10,000 foot runway. It priate time. for my constituents on the ground. has a taxiway. It has unused capacity. The Acting CHAIR. The Clerk will They have a right to know what designate the amendment. And it could relieve the New York air- changes are being considered and cer- port situation, relieve the noise from The text of the amendment is as fol- tainly what changes are being imple- lows: the gentleman’s constituency. mented, as these changes will affect So let’s work together. Let’s have Amendment No. 10 offered by Mr. FRELING- their lives and livelihoods. the FAA in for some discussions and HUYSEN: I look forward to working with the Page 259, after line 22, insert the following pursue this matter further. (with the correct sequential provision des- chairman and the ranking member in I thank the gentleman for yielding. ignations [replacing the numbers currently the future to get information on these Mr. FRELINGHUYSEN. I thank the shown for such designations]) and conform proposals and to ensure that all of our chairman very much for his time, as the table of contents accordingly: constituents are fully informed about well as Mr. COSTELLO’s interest. I was SEC. 826. NEW YORK/NEW JERSEY/PHILADELPHIA the FAA’s future plans. involved in helping fund through the METROPOLITAN AIRSPACE. I yield to the chairman. appropriations process this air design. (a) IN GENERAL.—The Administrator of the Mr. OBERSTAR. I thank the gen- So when we’re shut out of the process Federal Aviation Administration shall con- tleman for yielding, Mr. Chairman, and when they’re making plans, I think we duct a study on the proposed New York/New Jersey/Philadelphia Class B modification de- want to commend him for pursuing so have a right to be concerned. sign change. vigorously this issue, and I deplore the If I may, I would like to yield to the (b) CONTENTS.—In conducting the study, lack of response from the FAA, as we gentleman from Wisconsin, the ranking the Administrator shall determine the effect heard earlier in the day on the rule member.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.069 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5975 The Acting CHAIR. The gentleman Westchester County, in conjunction with its All this amendment does is direct it has 5 seconds. commercial carriers, has imposed limits on ter- to be studied. It directs it to be stud- Mr. PETRI. I would like to give my minal capacity. Yet, with business and cor- ied. It’s not implementing the changes. hardworking and conscientious col- porate jets comprising fifty percent of the esti- I reserve the balance of my time. league from New Jersey every assur- mated 167,000 take offs and landings at the Mr. PETRI. I yield to my colleague ance that I will work with him. airport this year, the agreed upon guidelines from Florida. Mr. FRELINGHUYSEN. I ask unani- and voluntary restrictions have not been fully Mr. MICA. Mr. Chairman, and gentle- mous consent to withdraw my amend- honored. lady from New York, I just want to ex- ment. This amendment directs FAA to evaluate press, through the Chair, that we do The Acting CHAIR. Is there objection Westchester County’s request to reinstate its have concerns. We’ve expressed con- to the request of the gentleman from overnight curfew, potentially easing congestion cerns. We are willing to work with the New Jersey? in the heavily-trafficked New York airspace gentlelady and accept her amendment There was no objection. and providing the residents in both New York at this time. But our reservations have The Acting CHAIR. The amendment and Connecticut with needed relief from over- been noted for the record. is withdrawn. night operations. I urge my colleagues to sup- Mr. PETRI. I yield back the balance AMENDMENT NO. 11 OFFERED BY MRS. LOWEY port it. of my time. The Acting CHAIR. It is now in order Mr. OBERSTAR. Will the gentle- Mrs. LOWEY. I thank the chairman to consider amendment No. 11 printed woman yield? for accepting the amendment. in part C of House Report 111–126. Mrs. LOWEY. I would be delighted to Mr. ENGEL. Mr. Chair, for over 25 years the Mrs. LOWEY. Mr. Chairman, I have yield. overnight flight restrictions at Westchester an amendment at the desk. Mr. OBERSTAR. We are prepared to County Airport have been voluntary. Unfortu- The Acting CHAIR. The Clerk will accept the gentlewoman’s amendment. nately some airlines have disregarded the vol- designate the amendment. It’s a reasonable and thoughtful ap- untary restrictions and have scheduled flights The text of the amendment is as fol- proach, and it will work. And we will between midnight and 6:30 a.m. lows: support the gentlewoman. It is because of these few airlines dis- Amendment No. 11 offered by Mrs. LOWEY: Mrs. LOWEY. Thank you so much, respecting the residents of Westchester Coun- Page 198, after line 25, insert the following Mr. Chairman. I have always been im- ty and disrespecting the airlines who do com- (with the correct sequential provision des- pressed with your wisdom and your ply with the voluntary curfew that this amend- ignations [replacing the numbers currently thoughtfulness, and I thank you very ment is needed. shown for such designations]) and conform much for accepting this amendment. It would direct the FAA to follow the proper the table of contents accordingly: I reserve the balance of my time. processes to determine if the Westchester SEC. 515. WESTCHESTER COUNTY AIRPORT, NEW YORK. Mr. PETRI. Mr. Chairman, I rise in County Airport should receive the authority to (a) RULEMAKING.—The Administrator of opposition to the amendment offered make the overnight flight curfew mandatory. the Federal Aviation Administration shall by my esteemed colleague from New While I recognize that the Westchester conduct a rulemaking proceeding to deter- York (Mrs. LOWEY). County Airport is vital to the economy of the mine whether Westchester County Airport The Acting CHAIRMAN. The gen- region, I don’t believe that the residents should be authorized to limit aircraft oper- tleman from Wisconsin is recognized should have to endure the noise of planes tak- ations between the hours of 12 a.m. and 6:30 for 5 minutes. ing off and landing at 3 a.m. a.m. Mr. PETRI. In 1981, Westchester Additionally, allowing more planes to take (b) DEADLINES.—The Administrator shall— off and land at all hors of the night will in- (1) not later than 180 days after the date of County enacted a curfew that banned enactment of this Act, issue a notice of pro- all aircraft from operating between the crease not just noise pollution, but air and posed rulemaking under subsection (a); and hours of midnight and 7 a.m. This cur- water too. (2) not later than 16 months after the close few was made against the advice of the On another matter: the FAA concocted the of the comment period on the proposed rule, FAA, and was immediately struck New York, New Jersey, Philadelphia airspace issue a final rule. down by a Federal court. The Court redesign with zero input from the residents it The Acting CHAIR. Pursuant to also issued a permanent injunction in harms the most, especially because it would House Resolution 464, the gentlewoman part because Westchester was unable to put an additional 200–400 flights a day over from New York (Mrs. LOWEY) and a justify the curfew with any evidence of my constituents in Rockland County. This New Member opposed each will control 5 a noise problem. Furthermore, the York. New Jersey, Philadelphia airspace rede- minutes. Court found that the curfew was in vio- sign should be scrapped. The Chair recognizes the gentle- lation of the commerce clause because The hundreds of additional planes flying woman from New York. it imposed an undue burden on New over Rockland will contribute to the already in- Mrs. LOWEY. Mr. Chairman, this York metropolitan air transportation. creasing pollution levels in the area. The noise amendment would initiate a rule- Simply put, this amendment would level will also be substantially increased, yet making process by the FAA to deter- remove the permanent injunction on the FAA has been unable to give me or the af- mine whether Westchester County Air- this unjustified curfew and arbitrarily fected residents the information on how loud port may reinstate its overnight air- restrict airspace access without requir- each plan will be, just 24-hour averages. craft restrictions. ing Westchester County to make its It is likely that first responders would have Owned and operated by Westchester Coun- case. This matter has been dealt with to be trained for the event of an airplane ty, the airport has had voluntary restrictions in the appropriate place, the Federal crash, causing added costs to local police, between midnight and 6:30 a.m. since its courts. The airport has a process avail- fire, and EMT departments that are already mandatory curfew was removed in the early able to make its case for such a restric- stretched thin. In addition, we have not gotten 1980’s. For nearly twenty years, all of the op- tion, but has chosen not to comply. a clear signal whether the flight plans will erators at the airport were abiding by the vol- The amendment sidesteps a process route commercial aircraft over Indian Point, an untary curfew. However, business at the air- that applies to every other airport and extremely dangerous scenario. This airspace port has expanded tremendously, with more would disrupt air travel in the New redesign proposal for New York, New Jersey, and more flights disregarding the curfew, York area airspace. On those grounds, I and Philadelphia should not be implemented. which disrupts communities throughout the urge my colleagues to join me in oppos- Mrs. LOWEY. I yield back the bal- overnight hours and makes the County’s envi- ing the amendment. ance of my time. ronmental upkeep in the area more demand- The Acting CHAIRMAN. The gentle- The Acting CHAIR. The question is ing. woman from New York has 41⁄2 minutes on the amendment offered by the gen- Just miles from New York City, this airport remaining. tlewoman from New York (Mrs. is an important gateway for commercial and Mrs. LOWEY. I’d like to thank the LOWEY). business aircraft in the area. However, it was chairman for accepting this amend- The amendment was agreed to. never designed to accommodate so many air- ment. I would be delighted to work AMENDMENT NO. 12 OFFERED BY MR. ACKERMAN craft. Bound by the borders of New York and with Mr. PETRI and Mr. MICA, who also The Acting CHAIR. It is now in order Connecticut, the airport’s physical infrastruc- said that although he had concerns, he to consider amendment No. 12 printed ture cannot expand further. wouldn’t object to the amendment. in part C of House Report 111–126.

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.095 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5976 CONGRESSIONAL RECORD — HOUSE May 21, 2009 Mr. ACKERMAN. I rise in support of the FAA, which is what we’re asking So therefore, I am not going to call the amendment which I have at the for in this amendment to be imple- for a vote. I’m not going to actively op- desk. mented and utilized, say that you pose. I probably will quietly say no to The Acting CHAIR. The Clerk will should not put a garbage treatment this and let it pass. designate the amendment. plant anywhere near the runway pro- I reserve the balance of my time. The text of the amendment is as fol- tection zone which is currently 2,000 Mr. ACKERMAN. I yield briefly to lows: feet away. This is 2,000 feet—less than the Congressman from New York (Mr. Amendment No. 12 offered by Mr. ACKER- that—according to this map which we CROWLEY). MAN: downloaded from Google. Mr. CROWLEY. I thank the gen- Page 259, after line 22, insert the following There will be a new flight slope plan tleman for yielding. I listened very (with the correct sequential provision des- implemented that the FAA has ap- carefully to the objections. And let me ignations [replacing the numbers currently proved which says it can’t be within just say that if LaGuardia Airport is shown for such designations]) and conform the table of contents accordingly: 2,500 feet. Why would you put a garbage forced to close for 10 minutes, it sets facility, an attractant to birds, less off an explosion that affects the entire SEC. 826. COLLEGE POINT MARINE TRANSFER STATION, NEW YORK. than 2,000 feet away from one of the flight paths of the Eastern seacoast. So (a) FINDING.—Congress finds that the Fed- most active runways? whatever does happen, we were very eral Aviation Administration, in deter- The gentleman from New York (Mr. fortunate that we had Captain mining whether the proposed College Point HALL) requested of the FAA, they de- Sullenberger, who was able to land Marine Transfer Station in New York City, clined, and Secretary of Transpor- Flight 1549 safely. New York, if constructed, would constitute a tation LaHood overruled them and re- This is not just a local concern. This hazard to air navigation, has not followed leased the number of bird strikes at is a concern, I think nationally as well. published policy statements of the Federal Aviation Administration, including— airports around the country. Last year The number of geese or fowl that dis- (1) Advisory Circular Number 150/5200-33B there were 87 bird strikes at LaGuardia rupt air travel happens more often 2, entitled ‘‘Hazardous Wildlife Attractants Airport alone. than the public was led to believe. on or Near Airports’’; Now, our pilots are good. You might I think that building a facility for (2) Advisory Circular Number 150/5300-13, have seen a little news report that said waste transfer within 2,000 feet of the entitled ‘‘Airport Design’’; and they can even land on water. And in- runway is simply ludicrous. We (3) the publication entitled ‘‘Policies and deed, that’s what happened when one of shouldn’t be doing that. I think that Procedures Memorandum—Airports Divi- our jets was struck by birds. the City of New York and the Depart- sion’’, Number 5300.1B, dated Feb. 5, 1999. Garbage is an attractant to birds. (b) DESIGNATION OF TRANSFER STATION AS ment of Sanitation needs to rethink HAZARD TO AIR NAVIGATION.—The Adminis- The FAA rules and recommendations this one and send it back to the draw- trator of the Federal Aviation Administra- say don’t put these things in the run- ing board. tion shall take such actions as may be nec- way protection zone. Our amendment GARY ACKERMAN and myself are call- essary to designate the proposed College simply says to the FAA, you have to ing foul right now. This should not Point Marine Transfer Station in New York follow your own guidelines. happen. We’re sending that message City, New York, as a hazard to air naviga- Put it anywhere else. There’s a polit- home to our folks back in New York. tion. ical concern here, and the political Mr. MICA. I reserve the balance of The Acting CHAIRMAN. Pursuant to concern is not a NIMBY concern. This my time to close. House Resolution 464, the gentleman will most likely be in mine or Mr. Mr. ACKERMAN. I would yield back from New York (Mr. ACKERMAN) and a CROWLEY’s district. It borders both of the balance of my time. Member opposed each will control 5 our districts right now. Mr. MICA. Mr. Chairman, might I in- minutes. This site is the least politically dam- quire as to the time remaining? The Chair recognizes the gentleman aging to us because it’s in a commer- The Acting CHAIRMAN. The gen- from New York. cial area. Any other place that they tleman from Florida has 31⁄2 minutes Mr. ACKERMAN. Mr. Chairman, I will move it will cause us some polit- remaining. offer this simple amendment on behalf ical concerns. But those political con- Mr. MICA. I yield myself the balance of myself and the gentleman from New cerns that we will have to suffer if they of my time. York (Mr. CROWLEY). This has to do move this anywhere up and down the b 1630 with safety trumping garbage. It has to coast in either of our districts is not as do with common sense. important to the safety of the flying Well, this is the conclusion, really, The City of New York Department of public. on the debate of the FAA authoriza- Sanitation has proposed a marine I reserve the balance of my time. tion. It ends with a question of whether transfer station. These are generally Mr. MICA. I rise in opposition to the we should close the dump or keep the built on the shoreline because trash is amendment. dump open. compacted there and put on barges and The Acting CHAIRMAN. The gen- As I said, I have the greatest respect then carted away on the Long Island tleman from Florida is recognized for 5 for Mr. ACKERMAN and also for Mr. Sound or the East River or the Hudson minutes. CROWLEY, and I know what they’re try- River. Mr. MICA. This amendment, unfortu- ing to do for their constituents. So I Of all the shoreline places to build nately, is a local issue that we’re put- rise in very quiet opposition, but I do this, would you suspect the one place ting into a Federal piece of legislation have to state the facts, that this is not that would be picked by the Depart- that is very important for safety; and a matter that really should be in the ment of Sanitation would be directly the gentleman, who I greatly respect, bill, but we’ll try to assist our col- opposite one of the biggest active run- Mr. ACKERMAN, is trying to do the best leagues as they’re trying to do the best ways, one of the most active runways he can to make arguments that this they can for their constituents. in the whole United States of America, dump poses safety concerns and haz- On the larger question of the bill, Mr. where planes take off and land approxi- ards to aviation. I don’t have the capa- Chairman and my colleagues, I also mately every 20 seconds. I’m talking bility of making that determination, rise in opposition to the bill, somewhat about LaGuardia Airport, the airport nor does Congress. We rely on the FAA. quietly. Every Member can vote the with the largest number of flights in They have looked at this. They say way they’d like. I’m not telling or ask- New York City. that it does not pose a hazard to air ing Republican Members to vote one This is an aerial view of the airport. navigation. way or another, but you do have to be This is LaGuardia Airport’s runway. That being said, I like Mr. ACKER- the judge of what we’re doing here LaGuardia Airport, most people don’t MAN, and sometimes I find myself in today. It is important that we do reau- know, has only two runways for all of the situation like Mr. ACKERMAN, and thorize the Federal Aviation Adminis- these great number of flights. you try to use any means you can to tration. We’ve had a 2-year delay, not The garbage plant is planned right satisfy concerns about a project, of any fault of my colleagues under the over here, opposite the runway, 2,000 whether it be local, State or Federal to great leadership of Mr. OBERSTAR, Mr. feet away. The rules and regulations of the best benefit of your constituents. COSTELLO, and Mr. PETRI, our ranking

VerDate Nov 24 2008 03:44 May 22, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.099 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5977 member. We’ve done our level best to vote on the amendment offered by the LoBiondo Olson Shadegg Loebsack Olver Shea-Porter make certain that we have the policy, gentleman from Texas (Mr. BURGESS) Lowey Ortiz Sherman the projects, and the funding to have on which further proceedings were Lucas Pallone Shimkus the safest aviation system in the postponed and on which the ayes pre- Luetkemeyer Pascrell Shuler world. They can be very proud of their vailed by voice vote. Luja´ n Pastor (AZ) Shuster Lummis Paul work. Simpson The Clerk will redesignate the Lungren, Daniel Paulsen Sires Now, we do have some differences of amendment. E. Payne Skelton opinion on some particular provisions. The Clerk redesignated the amend- Lynch Pence Slaughter This was voted on before, and some cir- Mack Perriello Smith (NE) ment. Maffei Peters cumstances have changed. We have a Smith (NJ) RECORDED VOTE Maloney Peterson Smith (TX) new President. He is trying to resolve a Manzullo Petri The Acting CHAIR. A recorded vote Smith (WA) very contentious labor issue. I don’t Marchant Pierluisi Snyder has been demanded. Markey (MA) Pingree (ME) like putting that issue in now. That’s Souder A recorded vote was ordered. Marshall Pitts Space different than when we voted on it be- Massa Platts The vote was taken by electronic de- Spratt fore. We did have a different President Matheson Poe (TX) Stearns and a different situation. So here I am, vice, and there were—ayes 420, noes 0, Matsui Polis (CO) Stupak not voting 19, as follows: McCarthy (CA) Pomeroy Sullivan a Republican, saying we need to sup- McCarthy (NY) Posey [Roll No. 288] Sutton port our President, but we need to do McCaul Price (GA) Tanner that and to not set a bad precedence AYES—420 McClintock Price (NC) Tauscher McCollum Putnam Taylor for all labor issues to be drug before Abercrombie Cleaver Griffith McCotter Quigley Teague Congress in this manner. Ackerman Clyburn Grijalva McDermott Radanovich Terry Aderholt Coble Guthrie McGovern Rahall Then, on the question of job creation Thompson (CA) Adler (NJ) Coffman (CO) Gutierrez McHenry Rangel and job killing, I don’t know how many Thompson (MS) Akin Cohen Hall (NY) McIntyre Rehberg Thompson (PA) jobs are in the provisions for insisting Alexander Cole Hall (TX) McKeon Reichert Thornberry on this mandated inspection of foreign Altmire Conaway Halvorson McMahon Reyes Tiahrt Arcuri Connolly (VA) Hare McMorris Richardson repair stations. That sounds good, but Tiberi Austria Conyers Harman Rodgers Rodriguez Tierney it reverts us back to a time when we Baca Cooper Harper McNerney Roe (TN) used to do that in the United States. Bachus Costa Hastings (FL) Meek (FL) Rogers (AL) Titus Twice a year, we would inspect every Baird Costello Hastings (WA) Meeks (NY) Rogers (KY) Tonko Baldwin Courtney Heinrich Towns one of these stations whether we need- Melancon Rogers (MI) Barrow Crenshaw Heller Mica Rohrabacher Tsongas ed to or not, and that was a diversion Bartlett Crowley Hensarling Michaud Rooney Turner of our resources. We changed that to a Barton (TX) Cuellar Herger Miller (FL) Ros-Lehtinen Upton Bean Culberson Herseth Sandlin Miller (MI) Roskam Van Hollen risk-based system, and that’s what we ´ Becerra Cummings Higgins Miller (NC) Ross Velazquez need to maintain both domestically Berman Dahlkemper Hill Miller, Gary Rothman (NJ) Visclosky and internationally. Berry Davis (AL) Himes Miller, George Roybal-Allard Walden Finally, 95 percent of this bill was de- Biggert Davis (CA) Hinchey Minnick Royce Walz bated before. There is an antitrust im- Bilbray Davis (IL) Hinojosa Mitchell Ruppersberger Wamp Bilirakis Davis (KY) Hirono Mollohan Rush Wasserman munity provision that does repeal some Bishop (GA) Davis (TN) Hodes Moore (KS) Ryan (OH) Schultz provisions we’ve given to airline alli- Bishop (NY) DeFazio Hoekstra Moore (WI) Ryan (WI) Waters ances. It’s a job killer. It’s estimated Bishop (UT) DeGette Holden Moran (KS) Salazar Watson Blackburn Delahunt Holt to be over 100,000 jobs. I don’t know Moran (VA) Sanchez, Loretta Watt Blumenauer DeLauro Honda Murphy (CT) Sarbanes Waxman how many. At a time when people will Blunt Dent Hoyer Murphy (NY) Scalise Weiner come to us as we return to our districts Boccieri Diaz-Balart, L. Hunter Murphy, Patrick Schakowsky Welch over Memorial Day weekend, we can’t Boehner Diaz-Balart, M. Inglis Murphy, Tim Schauer Westmoreland Bonner Dicks Inslee Murtha Schiff Wexler leave here and say that we’ve elimi- Bono Mack Dingell Israel Myrick Schmidt Whitfield nated more jobs. Many of these jobs, Boozman Doggett Issa Nadler (NY) Schock Wilson (OH) whether they’re repair stations or the Bordallo Donnelly (IN) Jackson (IL) Napolitano Schrader Wilson (SC) Boren Doyle Jackson-Lee airline industry, are good-paying jobs Neal (MA) Schwartz Wittman Boswell Dreier (TX) Neugebauer Scott (GA) Wolf that people need so desperately today. Boucher Duncan Jenkins Norton Scott (VA) Woolsey So the question before us is how we Boustany Edwards (MD) Johnson (IL) Nunes Sensenbrenner Wu vote on this particular legislation at Brady (PA) Edwards (TX) Johnson, E. B. Nye Serrano Yarmuth Brady (TX) Ehlers Johnson, Sam this time and place and with these par- Oberstar Sessions Young (AK) Braley (IA) Ellison Jones Obey Sestak Young (FL) ticular provisions. Some are good. Bright Ellsworth Jordan (OH) Some are bad. I choose to vote ‘‘no’’ Broun (GA) Emerson Kagen NOT VOTING—19 Brown (SC) Engel Kanjorski Andrews Flake Perlmutter today. I’m sorry. Brown, Corrine Eshoo Kennedy Bachmann Johnson (GA) Sablan I yield back the balance of my time. Brown-Waite, Etheridge Kildee Barrett (SC) Kaptur ´ Ginny Faleomavaega Kilpatrick (MI) Sanchez, Linda The Acting CHAIR. The question is Berkley Kingston Buchanan Fallin Kilroy T. on the amendment offered by the gen- Boyd Lofgren, Zoe Burgess Farr Kind Speier Deal (GA) Markey (CO) tleman from New York (Mr. ACKER- Burton (IN) Fattah King (IA) Stark Driehaus McHugh MAN). Butterfield Filner King (NY) The amendment was agreed to. Buyer Fleming Kirk The Acting CHAIR. There are 2 min- Calvert Forbes Kirkpatrick (AZ) ANNOUNCEMENT BY THE ACTING CHAIR utes remaining in this vote. Camp Fortenberry Kissell The Acting CHAIR. Pursuant to Campbell Foster Klein (FL) clause 6 of rule XVIII, proceedings will Cantor Foxx Kline (MN) b 1659 now resume on those amendments Cao Frank (MA) Kosmas printed in part C of House Report 111– Capito Franks (AZ) Kratovil Messrs. ALTMIRE, BUTTERFIELD, Capps Frelinghuysen Kucinich and MINNICK changed their vote from 126 on which further proceedings were Capuano Fudge Lamborn postponed, in the following order: Cardoza Gallegly Lance ‘‘no’’ to ‘‘aye.’’ Amendment No. 4 by Mr. BURGESS of Carnahan Garrett (NJ) Langevin So the amendment was agreed to. Carney Gerlach Larsen (WA) The result of the vote was announced Texas. Carson (IN) Giffords Larson (CT) Amendment No. 6 by Mr. MCCAUL of Carter Gingrey (GA) Latham as above recorded. Texas. Cassidy Gohmert LaTourette AMENDMENT NO. 6 OFFERED BY MR. MC CAUL The Chair will reduce to 5 minutes Castle Gonzalez Latta Castor (FL) Goodlatte Lee (CA) The Acting CHAIR. The unfinished the time for any electronic vote after Chaffetz Gordon (TN) Lee (NY) business is the demand for a recorded the first vote in this series. Chandler Granger Levin vote on amendment No. 6 printed in AMENDMENT NO. 4 OFFERED BY MR. BURGESS Childers Graves Lewis (CA) part C of House Report 111–126 by the Christensen Grayson Lewis (GA) The Acting CHAIR. The unfinished Clarke Green, Al Linder gentleman from Texas (Mr. MCCAUL) business is the demand for a recorded Clay Green, Gene Lipinski on which further proceedings were

VerDate Nov 24 2008 05:06 May 22, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.102 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5978 CONGRESSIONAL RECORD — HOUSE May 21, 2009 postponed and on which the ayes pre- Markey (MA) Peters Simpson Administration for fiscal years 2009 vailed by voice vote. Marshall Peterson Sires through 2012, to improve aviation safe- Massa Petri Skelton The Clerk will redesignate the Matheson Pierluisi Slaughter ty and capacity, to provide stable fund- amendment. Matsui Pingree (ME) Smith (NE) ing for the national aviation system, McCarthy (CA) Pitts RECORDED VOTE Smith (NJ) and for other purposes, pursuant to McCarthy (NY) Platts Smith (TX) House Resolution 464, he reported the The Acting CHAIR. A recorded vote McCaul Poe (TX) Smith (WA) has been demanded. McClintock Polis (CO) Snyder bill back to the House with sundry A recorded vote was ordered. McCollum Pomeroy Souder amendments adopted by the Com- McCotter Posey Space mittee of the Whole. The Acting CHAIR. This will be a 5- McDermott Price (GA) minute vote. Spratt The SPEAKER pro tempore. Under McGovern Price (NC) Stearns The vote was taken by electronic de- McHenry Putnam Stupak the rule, the previous question is or- vice, and there were—ayes 417, noes 2, McIntyre Quigley Sullivan dered. McKeon Radanovich Sutton not voting 20, as follows: McMahon Rangel Is a separate vote demanded on any [Roll No. 289] Tanner amendment reported from the Com- McMorris Rehberg Tauscher Rodgers Reichert AYES—417 Taylor mittee of the Whole? If not, the Chair McNerney Reyes Teague will put them en gros. Abercrombie Cole Hastings (FL) Meek (FL) Richardson Terry Ackerman Conaway Hastings (WA) Meeks (NY) Rodriguez The amendments were agreed to. Thompson (CA) Aderholt Connolly (VA) Heinrich Melancon Roe (TN) The SPEAKER pro tempore. The Thompson (MS) Adler (NJ) Conyers Heller Mica Rogers (AL) Thompson (PA) question is on the engrossment and Akin Cooper Hensarling Michaud Rogers (KY) Thornberry third reading of the bill. Alexander Costa Herger Miller (FL) Rogers (MI) Tiahrt Altmire Costello Herseth Sandlin Miller (MI) Rohrabacher The bill was ordered to be engrossed Tiberi Andrews Courtney Hill Miller (NC) Rooney and read a third time, and was read the Tierney Arcuri Crenshaw Himes Miller, Gary Ros-Lehtinen third time. Austria Crowley Hinchey Miller, George Roskam Titus Baca Cuellar Hinojosa Minnick Ross Tonko MOTION TO RECOMMIT Towns Bachus Culberson Hirono Mitchell Rothman (NJ) Mr. CAMPBELL. Mr. Speaker, I have Baird Cummings Hodes Mollohan Roybal-Allard Tsongas Baldwin Dahlkemper Hoekstra Moore (KS) Royce Turner a motion to recommit at the desk. Barrow Davis (AL) Holden Moore (WI) Ruppersberger Upton The SPEAKER pro tempore. Is the Bartlett Davis (CA) Holt Moran (KS) Rush Van Hollen gentleman opposed to the bill? Barton (TX) Davis (IL) Honda Vela´ zquez Murphy (CT) Ryan (OH) Mr. CAMPBELL. I am, in its current Bean Davis (KY) Hoyer Murphy (NY) Ryan (WI) Visclosky Becerra Davis (TN) Hunter Murphy, Patrick Salazar Walden form. Berman DeFazio Inglis Murphy, Tim Sanchez, Loretta Walz The SPEAKER pro tempore. The Berry DeGette Inslee Murtha Sarbanes Wamp Clerk will report the motion to recom- Biggert Delahunt Israel Myrick Scalise Wasserman Bilbray DeLauro Issa Nadler (NY) Schakowsky Schultz mit. Bilirakis Dent Jackson (IL) Napolitano Schauer Waters The Clerk read as follows: Bishop (GA) Diaz-Balart, L. Jackson-Lee Neal (MA) Schiff Watson Bishop (NY) Diaz-Balart, M. (TX) Watt Mr. Campbell moves to recommit the bill Neugebauer Schmidt H.R. 915 to the Committee on Transportation Bishop (UT) Dicks Jenkins Norton Schock Waxman Blackburn Dingell Johnson (GA) Nye Schrader Weiner and Infrastructure with instructions to re- Blumenauer Doggett Johnson (IL) Oberstar Schwartz Welch port the same back to the House forthwith Blunt Donnelly (IN) Johnson, E. B. Obey Scott (GA) Westmoreland with the following amendment: Boccieri Doyle Johnson, Sam Olson Scott (VA) Wexler At the end of title IV of the bill, add the Boehner Dreier Jones Olver Sensenbrenner Whitfield following (with the correct sequential provi- Bonner Duncan Jordan (OH) Ortiz Serrano Wilson (OH) sion designations [replacing the numbers Bono Mack Edwards (MD) Kagen Pallone Sessions Wilson (SC) Boozman Edwards (TX) Kanjorski currently shown for such designations]) and Pascrell Sestak Wittman conform the table of contents accordingly: Bordallo Ehlers Kennedy Pastor (AZ) Shadegg Wolf Boren Ellison Kildee Paul Shea-Porter Woolsey SEC. 426. PROHIBITION OF FUNDING FOR OTHER- Boswell Ellsworth Kilpatrick (MI) Paulsen Sherman Wu WISE ELIGIBLE PLACE. Boucher Emerson Kilroy Payne Shimkus Yarmuth (a) FINDINGS.—Congress finds the fol- Boustany Engel Kind Pence Shuler Young (AK) lowing: Brady (PA) Eshoo King (IA) Perriello Shuster Young (FL) Brady (TX) Etheridge King (NY) (1) When the Airline Deregulation Act of Braley (IA) Faleomavaega Kirk NOES—2 1978 (Public Law 95–504) was enacted, 746 Bright Fallin Kirkpatrick (AZ) Moran (VA) Rahall communities in the United States and its Broun (GA) Farr Kissell territories were listed on air carrier certifi- Brown (SC) Fattah Klein (FL) NOT VOTING—20 cates issued under the Federal Aviation Act Brown, Corrine Filner Kline (MN) Bachmann Flake Nunes of 1958 (Public Law 85–726). Brown-Waite, Fleming Kosmas Barrett (SC) Higgins Perlmutter (2) In order to address concern that com- Ginny Forbes Kratovil Berkley Kaptur Sablan munities with lower traffic levels would lose Buchanan Fortenberry Kucinich ´ Boyd Kingston Sanchez, Linda service entirely, Congress created a program Burgess Foster Lamborn Clay Lofgren, Zoe T. Burton (IN) Foxx Lance Deal (GA) Markey (CO) Speier where, as needed, the Department of Trans- Butterfield Frank (MA) Langevin Driehaus McHugh Stark portation pays a subsidy to an air carrier to Buyer Franks (AZ) Larsen (WA) ensure that the specified level of service is Calvert Frelinghuysen Larson (CT) ANNOUNCEMENT BY THE ACTING CHAIR provided. Camp Fudge Latham The Acting CHAIR (during the vote). (5) Most of the small communities eligible Campbell Gallegly LaTourette There are 2 minutes remaining in this for the program do not require subsidized Cantor Garrett (NJ) Latta vote. Cao Gerlach Lee (CA) service. Capito Giffords Lee (NY) b 1707 (6) As of April 1, 2009, the Department of Capps Gingrey (GA) Levin Transportation was subsidizing service at 108 Capuano Gohmert Lewis (CA) So the amendment was agreed to. communities in the contiguous 48 States, Cardoza Gonzalez Lewis (GA) The result of the vote was announced Hawaii, and Puerto Rico and 45 communities Carnahan Goodlatte Linder as above recorded. in Alaska. Carney Gordon (TN) Lipinski The Acting CHAIR. There being no (7) Air service to Johnstown, Pennsyl- Carson (IN) Granger LoBiondo further amendments, under the rule, vania, is subsidized by the United States tax- Carter Graves Loebsack Cassidy Grayson Lowey the Committee rises. payer. Each week, 6 commercial flights take Castle Green, Al Lucas Accordingly, the Committee rose; off from or land at the John Murtha Johns- Castor (FL) Green, Gene Luetkemeyer and the Speaker pro tempore (Mr. town-Cambria County Airport to or from Chaffetz Griffith Luja´ n WEINER) having assumed the chair, Mr. Washington Dulles International Airport. Chandler Grijalva Lummis JACKSON of Illinois, Acting Chair of the (8) Service to John Murtha Johnstown- Childers Guthrie Lungren, Daniel Committee of the Whole House on the Cambria County Airport is subsidized at a Christensen Gutierrez E. rate of $1,394,000 a year through June 30, 2010. Clarke Hall (NY) Lynch state of the Union, reported that that (9) Since 1990, the John Murtha Johnstown- Cleaver Hall (TX) Mack Committee, having had under consider- Cambria County Airport has undergone Clyburn Halvorson Maffei ation the bill (H.R. 915) to amend title Coble Hare Maloney $160,000,000 in improvements that include air- Coffman (CO) Harman Manzullo 49, United States Code, to authorize ap- port improvement program, military, com- Cohen Harper Marchant propriations for the Federal Aviation mercial, and infrastructure projects.

VerDate Nov 24 2008 05:06 May 22, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.105 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5979 (10) The total Federal investment in air- every year for improvements since 2004. residents who had commercial air serv- port projects at John Murtha Johnstown- And that’s just for the capital improve- ice prior to deregulation in 1978—I’m Cambria County Airport has been approxi- ments. the author of that provision in the Air- mately $150,000,000. In addition, the Federal taxpayer line Deregulation Act of 1978—to en- (11) Over the last 10 years, the John Mur- tha Johnstown-Cambria County Airport has spends $1,394,000 every year in subsidies sure that small towns in rural areas received Federal funding, including— to the single air carrier making, re- would not be cut out of America’s na- (A) $800,000 for a grant under the American member, less than one flight a day out tional system of airports and airport Recovery and Reinvestment Act of 2009 (Pub- of this airport. That, by the way, com- service and airline service. It has lic Law 111-5) to rehabilitate a runway; putes to nearly $5,000 in subsidy per worked effectively. Congress has (B) $20,000,000 for a runway extension flight, which takes less than 45 min- trimmed it back where it’s been nec- project; utes since it’s only 3 hours’ drive away. essary. (C) $750,000 for a 99-year lease of adjoining The defenders of this airport say that These contracts are awarded by the airport land; it has military use in addition; and in (D) $6,000,000 for a state-of-the-art digital Department of Transportation for 2 radar surveillance system; fact, it does. The defenders of this air- years at a time, revocable, subject to (E) $5,000,000 for a new air traffic control port point out that there were 28 mili- termination at the end of the 2-year pe- tower; tary deployments out of this airport riod, and reviewed again by the Depart- (F) $14,000,000 for Marine Corps helicopter over the last decade. That would be ment of Transportation. If the airport, hangar and reserve training center; three deployments per year. So six the airline, the community are not (G) $1,200,000 in 2007 for airport improve- flights a day, three deployments per using the funds effectively, DOT can ment projects; year. We all know about the bridge to and has terminated EAS service where (H) $2,760,000 in 2006 for airport improve- nowhere. Mr. Speaker, there was a ment projects; that service does not meet the stand- (I) $1,000,000 in 2005 for airport improve- bridge to nowhere, and this is surely ards of their contract. ment projects; the airport for no one. By act of Congress to say we’re going (J) $1,600,000 in 2004 for airport improve- To say that this is wasteful under- to terminate essential air service fund- ment projects; and states how bad it is. I wish we could get ing to a rural community in this Amer- (K) $739,452 in 2003 for airport improvement all our money back, but we can’t. But ica, 150 of us are at risk. If by legisla- projects. what we can do is pass this motion to tive fiat you can say no to funding this (12) It is both wasteful and irresponsible to recommit, which simply says that no community, no to the people in rural use United States taxpayer dollars to con- money in this bill is going to be used to tinue to subsidize air service to an airport America who want access to greater that has received approximately $150,000,000 further subsidize or improve the John America, then we’re all at risk. This is in Federal funding, but has achieved no im- Murtha Johnstown-Cambria County wrong. This is mean-spirited. Vote it provement in commercial service provided to Airport. down. the airport without subsidization. Mr. Speaker, we have debts and defi- I yield back the balance of my time. (b) PROHIBITION OF FUNDING FOR OTHERWISE cits as far as the eye can see. If we The SPEAKER pro tempore. Without ELIGIBLE PLACE.—Section 41742(a) is amend- can’t stop wasting the taxpayers’ objection, the previous question is or- ed by adding at the end the following: money on boondoggles as obvious as ‘‘(4) PROHIBITION ON FUNDING FOR OTHER- dered on the motion to recommit. this one, why should the public trust us WISE ELIGIBLE PLACE.—Notwithstanding any There was no objection. other provision in law, no amounts author- at all with any of their money? The SPEAKER pro tempore. The Please support this motion to recom- ized under paragraphs (1) and (2) shall be question is on the motion to recommit. mit. used for the provision of subsidized air serv- The question was taken; and the ice to an otherwise eligible place if the eligi- I yield back the balance of my time. ble place has a public airport located 3 miles Mr. OBERSTAR. I rise in opposition Speaker pro tempore announced that northeast of Johnstown, Pennsylvania, that to the amendment. the noes appeared to have it. offers scheduled commercial air carrier serv- The SPEAKER pro tempore. The gen- RECORDED VOTE ice and general aviation service and has a tleman from Minnesota is recognized Mr. CAMPBELL. Mr. Speaker, I de- joint military control tower.’’. for 5 minutes. mand a recorded vote. The SPEAKER pro tempore. Pursu- Mr. OBERSTAR. This is a surprising A recorded vote was ordered. ant to the rule, the gentleman from amendment. This is the first negative The SPEAKER pro tempore. Pursu- California is recognized for 5 minutes earmarking that I have witnessed in ant to clause 9 of rule XX, the Chair in support of his motion. Congress. It is no less than an assault will reduce to 5 minutes the minimum b 1715 upon essential air service to rural time for any electronic vote on the Mr. CAMPBELL. Mr. Speaker, as of America. To those on the other side, question of passage. April 1, 2009, the Department of Trans- Mr. Speaker, who are laughing now, I The vote was taken by electronic de- portation subsidized air service to 108 wonder what their reaction will be vice, and there were—ayes 154, noes 263, communities in 48 the continental when another amendment comes to not voting 16, as follows: United States, Hawaii and Puerto Rico deny funding for essential air service [Roll No. 290] and 45 communities in Alaska. One of to an airport in their communities. AYES—154 They won’t be laughing. those subsidized airports is the John Akin Cantor Gerlach Murtha Johnstown-Cambria County This is essentially a harsh amend- Austria Capito Gingrey (GA) Airport in Johnstown, Pennsylvania. ment. It’s aimed at an airport named Bachus Carter Gohmert This airport handles six commercial for a sitting Member of Congress. The Barton (TX) Cassidy Goodlatte airport was not named by action of the Biggert Castle Granger flights a week—six a week—to one Bilbray Chaffetz Graves place, Washington, D.C., a location all Congress. It was not named by a Fed- Bilirakis Coble Guthrie of 3 hours’ drive from Johnstown, eral agency. It was named by the coun- Bishop (UT) Coffman (CO) Halvorson Pennsylvania. But for those six com- ty commissioners of Cambria County. Blackburn Cole Harper Blunt Conaway Hastings (WA) mercial flights a week, less than one a This airport serves 1,000 military per- Boehner Cooper Heller day to a place only 3 hours’ drive away, sonnel. It serves the Pennsylvania Na- Bono Mack Culberson Hensarling the Federal taxpayer has spent $150 tional Guard. It serves the U.S. Marine Boozman Davis (KY) Herger Corps Reserve and the U.S. Army Re- Boustany Diaz-Balart, L. Hoekstra million in improvements since 1990. In- Brady (TX) Diaz-Balart, M. Hunter cluded in that $150 million is $20 mil- serve, and these units have been de- Bright Dreier Inglis lion for a runway extension, making ployed 28 times in the last 10 years in Broun (GA) Duncan Issa the runway large enough to accommo- service of the United States abroad. Brown-Waite, Ehlers Jenkins Ginny Fallin Johnson (IL) date any aircraft in North America, The amendment provides that no Buchanan Fleming Johnson, Sam $800,000 in the most recent stimulus amount authorized under paragraphs 1 Burgess Forbes Jordan (OH) package for runway rehabilitation, $6 and 2, meaning paragraphs 1 and 2 of Burton (IN) Fortenberry Kilroy million for a radar surveillance sys- the essential air service act now in law, Buyer Foxx King (IA) Calvert Franks (AZ) King (NY) tem, $5 million for a new air traffic may be used. That’s funding for air- Camp Gallegly Kirk control tower, and over $1 million ports in small communities and their Campbell Garrett (NJ) Kirkpatrick (AZ)

VerDate Nov 24 2008 04:00 May 22, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.075 H21MYPT1 wwoods2 on PRODPC68 with HOUSE H5980 CONGRESSIONAL RECORD — HOUSE May 21, 2009 Kissell Miller (MI) Ryan (WI) Schiff Speier Walz to me about this. And I agree with you. Kline (MN) Miller, Gary Scalise Schrader Spratt Wasserman I count myself in this, so I’m not point- Kosmas Minnick Schmidt Schwartz Stupak Schultz Lamborn Mitchell Schock Scott (GA) Sutton Waters ing fingers at anybody exclusively. But Lance Moran (KS) Sensenbrenner Scott (VA) Tanner Watson frankly, all of us have gotten into a Latham Myrick Sessions Serrano Tauscher Watt syndrome that when the bells ring, we Sestak Taylor Latta Neugebauer Shadegg Waxman watch how many have voted rather Lee (NY) Olson Shimkus Shea-Porter Teague Weiner Sherman Thompson (CA) Linder Paulsen Smith (NE) Welch than how much time is left. That obvi- Lucas Pence Shuler Thompson (MS) Smith (TX) Wexler ously is not thoughtful to those who do Luetkemeyer Perriello Shuster Thompson (PA) Souder Whitfield come here to vote within the time Lummis Petri Simpson Tiahrt Lungren, Daniel Pitts Stearns Sires Tierney Wilson (OH) frame available. And very importantly, E. Poe (TX) Sullivan Skelton Tonko Woolsey to the extent that the votes drag out, Terry Wu Mack Posey Slaughter Towns we have our committees in session Manzullo Price (GA) Thornberry Smith (NJ) Tsongas Yarmuth Marchant Putnam Tiberi Smith (WA) Van Hollen Young (AK) with hearings that have taken a break. McCarthy (CA) Radanovich Titus Snyder Vela´ zquez Young (FL) Chairman FRANK and a number of McCaul Reichert Turner Space Visclosky other Members have talked to me McClintock Roe (TN) Upton about it. We leave secretaries of de- McCotter Rogers (AL) Walden NOT VOTING—16 McHenry Rogers (MI) Wamp Bachmann Flake Nunes partments and other very busy and im- McKeon Rohrabacher Westmoreland Barrett (SC) Kaptur Perlmutter portant witnesses, and all of our wit- McMorris Rooney Wilson (SC) Berkley Kingston Sa´ nchez, Linda nesses are treated without courtesy. Rodgers Ros-Lehtinen Wittman Boyd Lofgren, Zoe T. That is not a good thing for any of us Mica Roskam Wolf Deal (GA) Markey (CO) Stark Miller (FL) Royce Driehaus McHugh to do.

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NOES—263 b 1745 Abercrombie Edwards (TX) Luja´ n The SPEAKER pro tempore (during Ackerman Ellison Lynch the vote). Members are reminded there So I say when we come back—and Aderholt Ellsworth Maffei are less than 2 minutes to vote. we’ve tried this before and it’s very dif- Adler (NJ) Emerson Maloney ficult, but Members obviously don’t get Alexander Engel Markey (MA) b 1741 Altmire Eshoo Marshall there on time, and some of you are Andrews Etheridge Massa Messrs. WHITFIELD and TEAGUE going to be angry with me on both Arcuri Farr Matheson changed their vote from ‘‘aye’’ to ‘‘no.’’ sides of the aisle, but I’m going to try Baca Fattah Matsui Messrs. BUYER and BACHUS to work with our presiding officers so Baird Filner McCarthy (NY) Baldwin Foster McCollum changed their vote from ‘‘no’’ to ‘‘aye.’’ that we keep to a much shorter period Barrow Frank (MA) McDermott So the motion to recommit was re- of time. We have been averaging 25, 26 Bartlett Frelinghuysen McGovern jected. minutes; and I would hope that all of Bean Fudge McIntyre The result of the vote was announced Becerra Giffords McMahon us would cooperate with one another as Berman Gonzalez McNerney as above recorded. a courtesy to each of us, our witnesses, Berry Gordon (TN) Meek (FL) (By unanimous consent, Mr. HOYER and the work of this House. Bishop (GA) Grayson Meeks (NY) was allowed to speak out of order.) I hope you have a wonderful Memo- Bishop (NY) Green, Al Melancon Blumenauer Green, Gene Michaud LEGISLATIVE PROGRAM rial Day break. Come back ready to re- Boccieri Griffith Miller (NC) Mr. HOYER. Mr. Speaker, ladies and port on time. Thank you very much. Bonner Grijalva Miller, George gentlemen of the House, we will not ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boren Gutierrez Mollohan Boswell Hall (NY) Moore (KS) have a closing colloquy, obviously, be- The SPEAKER pro tempore. Without Boucher Hall (TX) Moore (WI) cause we are going on a break. We end objection, 5-minute voting will resume. Brady (PA) Hare Moran (VA) what was, from the perspective of There was no objection. Braley (IA) Harman Murphy (CT) Brown (SC) Hastings (FL) Murphy (NY) many, agree or disagree, a very produc- The SPEAKER pro tempore. The Brown, Corrine Heinrich Murphy, Patrick tive period. As we face now this Memo- question is on the passage of the bill. Butterfield Herseth Sandlin Murphy, Tim rial Day break, I want to thank all the The question was taken; and the Cao Higgins Murtha Members. Capps Hill Nadler (NY) Speaker pro tempore announced that Capuano Himes Napolitano I think we have done a lot of work the ayes appeared to have it. Cardoza Hinchey Neal (MA) over the last 5 months. I think it has RECORDED VOTE Carnahan Hinojosa Nye been a very humane schedule. I hope Carney Hirono Oberstar Mr. PETRI. Mr. Speaker, I demand a Carson (IN) Hodes Obey all of you believe that, as well, that we recorded vote. Castor (FL) Holden Olver have pretty much done it in a time A recorded vote was ordered. Chandler Holt Ortiz frame. That is the good news. The SPEAKER pro tempore. This Childers Honda Pallone The bad news is we are going to be Clarke Hoyer Pascrell will be a 5-minute vote exactly. Clay Inslee Pastor (AZ) moving into June and July. I want to The vote was taken by electronic de- Cleaver Israel Paul put all of you on notice, as I have told vice, and there were—ayes 277, noes 136, Clyburn Jackson (IL) Payne many Members, that I expect June and not voting 20, as follows: Cohen Jackson-Lee Peters July to be very busy months with Connolly (VA) (TX) Peterson [Roll No. 291] Conyers Johnson (GA) Pingree (ME) much work and authorization bills AYES—277 Costa Johnson, E. B. Platts coming out of committees, and I also Costello Jones Polis (CO) expect for us to do the appropriation Abercrombie Boucher Connolly (VA) Courtney Kagen Pomeroy Ackerman Brady (PA) Conyers Crenshaw Kanjorski Price (NC) bills during the months of June and Adler (NJ) Braley (IA) Cooper Crowley Kennedy Quigley July. Altmire Brown, Corrine Costa Cuellar Kildee Rahall The reason I rise is to say, as you Andrews Butterfield Costello Cummings Kilpatrick (MI) Rangel Arcuri Buyer Courtney Dahlkemper Kind Rehberg know, that most Fridays in June and Baca Cao Crowley Davis (AL) Klein (FL) Reyes July, with the Fourth of July break, of Baird Capito Cuellar Davis (CA) Kratovil Richardson course, being the exception, most Fri- Baldwin Capps Cummings Davis (IL) Kucinich Rodriguez days will be days that my expectation Barrow Capuano Dahlkemper Davis (TN) Langevin Rogers (KY) Bean Cardoza Davis (AL) DeFazio Larsen (WA) Ross is we will be doing work. This Friday Becerra Carnahan Davis (CA) DeGette Larson (CT) Rothman (NJ) was a day that we were going to work, Berman Carney Davis (IL) Delahunt LaTourette Roybal-Allard but we won’t be doing work. The sup- Berry Carson (IN) Davis (KY) DeLauro Lee (CA) Ruppersberger Biggert Castle Davis (TN) Dent Levin Rush plemental is not able to be considered Bishop (GA) Castor (FL) DeFazio Dicks Lewis (CA) Ryan (OH) at this point in time. Bishop (NY) Chandler DeGette Dingell Lewis (GA) Salazar The other thing that I wanted to rise Blumenauer Childers Delahunt Doggett Lipinski Sanchez, Loretta and tell all Members is that we have Boccieri Clarke DeLauro Donnelly (IN) LoBiondo Sarbanes Bono Mack Clay Dent Doyle Loebsack Schakowsky gotten into a syndrome. Many of you Boren Cleaver Diaz-Balart, L. Edwards (MD) Lowey Schauer on both sides of the aisle have talked Boswell Clyburn Diaz-Balart, M.

VerDate Nov 24 2008 04:00 May 22, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.072 H21MYPT1 wwoods2 on PRODPC68 with HOUSE May 21, 2009 CONGRESSIONAL RECORD — HOUSE H5981 Dicks Lance Rangel Lummis Paulsen Sestak grossment of H.R. 915, the Clerk be au- Dingell Langevin Reichert Lungren, Daniel Pence Shadegg thorized to correct section numbers, Doggett Larsen (WA) Reyes E. Petri Shuster Donnelly (IN) Larson (CT) Richardson Mack Pitts Simpson punctuation, cross-references, and to Doyle LaTourette Rodriguez Manzullo Poe (TX) Smith (NE) make such other technical and con- Duncan Lee (CA) Rogers (KY) Marchant Posey Smith (TX) forming changes as may be necessary McCarthy (CA) Price (GA) Edwards (MD) Lee (NY) Ros-Lehtinen Souder to accurately reflect the actions of the Edwards (TX) Levin Ross McCaul Putnam Stearns McClintock Rehberg Ellison Lewis (CA) Rothman (NJ) Sullivan House. Ellsworth Lewis (GA) Roybal-Allard McHenry Roe (TN) Terry The SPEAKER pro tempore (Ms. Engel Lipinski Ruppersberger McKeon Rogers (AL) Thornberry FUDGE). Is there objection to the re- Eshoo LoBiondo Rush McMorris Rogers (MI) Tiberi Etheridge Loebsack Ryan (OH) Rodgers Rohrabacher quest of the gentleman from Min- Farr Lowey Salazar Mica Rooney Turner nesota? Upton Fattah Luja´ n Sanchez, Loretta Miller (FL) Roskam There was no objection. Filner Lynch Sarbanes Miller, Gary Royce Wamp Foster Maffei Schakowsky Minnick Ryan (WI) Westmoreland f Frank (MA) Maloney Schiff Myrick Scalise Whitfield Fudge Markey (MA) Schrader Neugebauer Schmidt Wilson (SC) MESSAGE FROM THE PRESIDENT Gerlach Marshall Schwartz Olson Sensenbrenner Young (FL) A message in writing from the Presi- Paul Sessions Giffords Massa Scott (GA) dent of the United States was commu- Gonzalez Matheson Scott (VA) NOT VOTING—20 Gordon (TN) Matsui Serrano nicated to the House by Ms. Wanda Grayson McCarthy (NY) Shea-Porter Bachmann Kaptur Pomeroy Evans, one of his secretaries. Green, Al McCollum Sherman Barrett (SC) Kingston Sa´ nchez, Linda Green, Gene McCotter Shimkus Berkley Lofgren, Zoe T. f Griffith McDermott Shuler Boyd Markey (CO) Schauer REPORT ON RESOLUTION PRO- Grijalva McGovern Sires Deal (GA) McHugh Schock Gutierrez McIntyre Skelton Driehaus Nunes Stark VIDING FOR CONSIDERATION OF Hall (NY) McMahon Slaughter Flake Perlmutter Walden H.R. 2200, TRANSPORTATION SE- Halvorson McNerney Smith (NJ) b 1753 CURITY ADMINISTRATION AU- Hare Meek (FL) Smith (WA) THORIZATION ACT Harman Meeks (NY) Snyder So the bill was passed. Hastings (FL) Melancon Space The result of the vote was announced Ms. PINGREE of Maine, from the Com- Heinrich Michaud Speier Herseth Sandlin Miller (MI) Spratt as above recorded. mittee on Rules, submitted a privi- Higgins Miller (NC) Stupak The title was amended so as to read: leged report (Rept. No. 111–127) on the Hill Miller, George Sutton ‘‘A bill to amend title 49, United States resolution (H. Res. 474) providing for Himes Mitchell Tanner consideration of the bill (H.R. 2200) to Hinchey Mollohan Tauscher Code, to authorize appropriations for Hinojosa Moore (KS) Taylor the Federal Aviation Administration authorize the Transportation Security Hirono Moore (WI) Teague for fiscal years 2010 through 2012, to Administration’s programs relating to Hodes Moran (KS) Thompson (CA) improve aviation safety and capacity, the provision of transportation secu- Holden Moran (VA) Thompson (MS) Holt Murphy (CT) Thompson (PA) to provide stable funding for the na- rity, and for other purposes, which was Honda Murphy (NY) Tiahrt tional aviation system, and for other referred to the House Calendar and or- Hoyer Murphy, Patrick Tierney purposes.’’. dered to be printed. Inslee Murphy, Tim Titus A motion to reconsider was laid on Israel Murtha Tonko f the table. Jackson (IL) Nadler (NY) Towns IRAN’S LAUNCH OF A LONG-RANGE Jackson-Lee Napolitano Tsongas Stated for: (TX) Neal (MA) Van Hollen Mr. BOYD. Mr. Speaker, due to personal MISSILE Jenkins Nye Vela´ zquez reasons, I was unable to attend to a vote. Had (Mr. QUIGLEY asked and was given Johnson (GA) Oberstar Visclosky Johnson (IL) Obey Walz I been present, my vote would have been permission to address the House for 1 Johnson, E. B. Olver Wasserman ‘‘aye’’ on H.R. 915, FAA Reauthorization Act minute and to revise and extend his re- Kagen Ortiz Schultz of 2009. marks.) Kanjorski Pallone Waters Kennedy Pascrell Watson f Mr. QUIGLEY. Madam Speaker, ear- Kildee Pastor (AZ) Watt PERSONAL EXPLANATION lier this week, Iran tested a new long- Kilpatrick (MI) Payne Waxman range missile. This missile has a range Kilroy Perriello Weiner Mr. DRIEHAUS. Mr. Speaker, I regret that I of up to 1,200 miles and can reach our Kind Peters Welch was unable to cast a series of votes today on King (NY) Peterson Wexler troops in the region, as well as many of Kirk Pingree (ME) Wilson (OH) the floor of the House of Representatives. our allies, including Israel. Kirkpatrick (AZ) Platts Wittman Had I been present to vote on rollcall No. This was not done in the name of Kissell Polis (CO) Wolf 286, Final Passage of the Conference Report peace. Rather, this launch was a grab Klein (FL) Price (NC) Woolsey on S. 454, I would have voted ‘‘aye’’ on the Kosmas Quigley Wu at power, an attempt to threaten Israel Kratovil Radanovich Yarmuth question. and our other allies in the region. Now, Had I been present to vote on rollcall No. Kucinich Rahall Young (AK) more than ever, we must stand by our 287, a Motion to Suspend the Rules and friends. NOES—136 Pass, as Amended, H.R. 1676, I would have Iran, on the other hand, can only re- Aderholt Camp Gohmert voted ‘‘aye’’ on the question. Akin Campbell Goodlatte Had I been present to vote on rollcall No. join the society of nations with an Alexander Cantor Granger 288, a Burgess (TX) Amendment to H.R. 915, olive branch, not a ballistic missile. We Austria Carter Graves must not allow our allies in Israel and Bachus Cassidy Guthrie I would have voted ‘‘aye’’ on the question. Bartlett Chaffetz Hall (TX) Had I been present to vote on rollcall No. across the Middle East to fall under the Barton (TX) Coble Harper 289, a McCaul (TX) Amendment to H.R. 915, threat of a nuclear Iran, nor can we Bilbray Coffman (CO) Hastings (WA) I would have voted ‘‘aye’’ on the question. allow Iran to achieve a dominant posi- Bilirakis Cohen Heller tion in the region through intimida- Bishop (UT) Cole Hensarling Had I been present to vote on rollcall No. Blackburn Conaway Herger 290, a Motion to Recommit H.R. 915, I would tion. Blunt Crenshaw Hoekstra have voted ‘‘no’’ on the question. The safety and security of millions of Boehner Culberson Hunter Had I been present to vote on rollcall No. people depend on a strong and deter- Bonner Dreier Inglis Boozman Ehlers Issa 291, Final Passage of H.R. 915, I would have mined stance by the American people Boustany Emerson Johnson, Sam voted ‘‘aye’’ on the question. and all of the community of nations. Brady (TX) Fallin Jones f f Bright Fleming Jordan (OH) Broun (GA) Forbes King (IA) AUTHORIZING THE CLERK TO CONGRATULATING THE PENN Brown (SC) Fortenberry Kline (MN) STATE LADIES RUGBY TEAM Brown-Waite, Foxx Lamborn MAKE CORRECTIONS IN EN- Ginny Franks (AZ) Latham GROSSMENT OF H.R. 915, FAA RE- (Mr. THOMPSON of Pennsylvania Buchanan Frelinghuysen Latta AUTHORIZATION ACT OF 2009 asked and was given permission to ad- Burgess Gallegly Linder Burton (IN) Garrett (NJ) Lucas Mr. OBERSTAR. Madam Speaker, I dress the House for 1 minute and to re- Calvert Gingrey (GA) Luetkemeyer ask unanimous consent that in the en- vise and extend his remarks.)

VerDate Nov 24 2008 04:00 May 22, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.082 H21MYPT1 wwoods2 on PRODPC68 with HOUSE