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“PROVIDING FOR CONSIDERATION OF H.R. 915, FAA REAUTHORIZATION ACT OF 2009” mentioning the U.S. Dept. of Transportation was published in the House of Representatives section on pages H5901-H5904 on May 21, 2009.
The publication is reproduced in full below:
PROVIDING FOR CONSIDERATION OF H.R. 915, FAA REAUTHORIZATION ACT OF
2009
Mr. ARCURI. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 464 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 464
Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 915) to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and the amendment considered as adopted by this resolution and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, modified by the amendment printed in part B of such report, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part C of the report of the Committee on Rules. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 2. The chair of the Committee on Transportation and Infrastructure is authorized, on behalf of the committee, to file a supplemental report to accompany H.R. 915.
The SPEAKER pro tempore. The gentleman from New York is recognized for 1 hour.
Mr. ARCURI. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Lincoln Diaz-
Balart). All time yielded during consideration of the rule is for debate only.
General Leave
Mr. ARCURI. I ask unanimous consent that all Members be given 5 legislative days within which to revise and extend their remarks and insert extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York?
There was no objection.
Mr. ARCURI. Mr. Speaker, I yield such time as I may consume.
Mr. Speaker, H. Res. 464 provides for a structured rule for consideration of H.R. 915, the FAA Reauthorization Act of 2009.
I would like to acknowledge Chairman Oberstar and Ranking Member Mica of the full Committee on Transportation and Infrastructure and Chairman Costello and Ranking Member Petri of the Aviation Subcommittee and thank them for their bipartisan work on H.R. 915. As a member of the full committee, I take great pride in being a part of the cooperative atmosphere, and I believe that it yields positive results, both for Congress and the American people.
Mr. Speaker, we are here today to consider H.R. 915, the FAA Reauthorization Act of 2009. In many ways, it is unfortunate that we must consider this bill because the reauthorization of the FAA and its programs expired over 3 years ago. The House passed a reauthorization bill in September of 2007 that was very similar to the measure we will consider today. Unfortunately, the Senate was unable to move the FAA reauthorization last Congress, and so we are forced to take the lead once more, affording the Senate even more time to act than we did in the previous Congress.
The American public cannot afford to wait any longer for this legislation. The bill makes essential increases in aviation funding and safety improvements that are long overdue. In the past few months, we have seen, in New York State alone, my home, two crashes involving regional jets, and the investigations into those crashes have revealed that greater safety oversight is needed.
H.R. 915 includes a number of provisions that will make air travel safer for the American public, such as a requirement that the FAA increase the number of aviation safety inspectors and increase funding for programs that reduce runway incursions. The bill requires the FAA to inspect foreign repair stations at least twice a year and perform drug and alcohol testing on those individuals working on U.S. aircraft, to ensure that aircraft maintenance is performed in a safe and responsible manner. The bill also directs the FAA to begin an administrative rulemaking process to revise existing aircraft rescue and fire fighting standards that have not been updated in 21 years.
Many of those safety improvements come with increased costs. I have personally heard from a number of smaller airports in my district that are concerned that the cost of complying with the new fire fighting standards will pose a severe economic hardship on them, possibly causing a reduction in air service. I would like to thank Chairman Oberstar and Chairman Costello for addressing my concerns on this matter during yesterday's Rules Committee hearing.
The provisions related to the aircraft rescue and fire fighting rulemaking specifically require that the Secretary of Transportation conduct an assessment of potential impacts associated with the revisions; that is to say, that they will review the rulemaking and make a determination on how smaller airports, if there is a question with their ability to comply, how they can comply and continue the service to the region that they represent. In addition, the rulemaking process will involve a public comment period for impacted airports to weigh in on the proposed changes.
The bill also includes increased funding that will help airports comply with these new safety measures. The bill includes $16.2 billion over the life of the bill for the Airport Improvement Program, also known as AIP. Airports can use AIP funding to make safety improvements or purchase emergency equipment.
In addition, the bill includes an increase on the maximum passenger facility charge that airports can assess on travelers. Airports can use PFC revenue to preserve or enhance the safety, security, or capacity of the national air transportation system; to reduce or mitigate noise impacts resulting from an airport; or to provide opportunities for enhanced competition among or between carriers. In order to take advantage of this increase, major airports will have to forego a portion of their AIP funds which will be designated for projects at smaller airports.
The FAA Reauthorization Act also includes $70 billion for the FAA's capital programs between fiscal year 2009 and fiscal year 2012 so the FAA can make needed repairs and replace some existing facilities and equipment. This will improve airline capacity and efficiency and, at the same time, improve safety, reduce environmental impacts, and increase user access.
Mr. Speaker, this legislation is long overdue. The President has urged us to pass it. And it is especially timely that we approve a reauthorization of the FAA now, before the summer flight congestion and weather-related delays create even more havoc for the traveling public.
I urge my colleagues to vote ``yes'' on the rule and to support the underlying legislation.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. I'd like to thank my friend the gentleman from New York (Mr. Arcuri) for the time, and I yield myself such time as I may consume.
Mr. Speaker, south Florida has a rich and proud flying history. Aviation's entry into south Florida came in 1911 when the Wright brothers delivered a biplane for Miami's 15th anniversary celebration.
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After World War I, the city rapidly developed as an aviation center. By 1928, Pan American Airways had moved its headquarters to Miami, followed soon by Eastern Airlines and National Airlines.
In 1937, Amelia Earhart took off from Miami Airport in Hialeah on her final fateful around-the-world flight.
During World War II, Miami transformed into a training base and departure point for the theaters of war. Following the victory, commercial aviation experienced an explosion in growth and development, and Miami International Airport rose to prominence. Today, that airport continues to be one of the busiest in the Nation and a major gateway to the Americas.
In 2008, almost 34 million passenger passed through Miami International Airport. Almost half of them were international passengers.
MIA is not only a hub for international travel, it also plays an integral role in global trade. The airport is among the Nation's top air cargo handlers, with almost 2 million tons handled last year, and a record 2.1 million tons processed in 2006. Also, MIA handled nearly 80 percent of all air cargo imports and exports between the United States and Latin America.
Because it is both an international hub for passengers and cargo, the airport provides the south Florida community with an economic contribution of over $26 billion annually, generating almost 300,000 jobs, almost $700 million in Federal aviation tax revenue, and almost
$1 billion dollars in State, county and municipal tax revenue.
However, if MIA is going to continue to play such an important role as a trade gateway, it obviously must continue to grow. The airport is currently in the midst of a $6.2 billion capital improvement program that has made progress. It's had some problems, but it's made progress, despite costly delays and large cost increases.
This capital program, when completed in 2011, will expand the terminal and concourses by over 3.9 million square feet, for a total of 7.4 million square feet, with added cargo facilities increasing from 2.7 million square feet of space and 17 buildings to nearly 3.5 million square feet and 20 cargo processing buildings.
If U.S. air travel is to continue its fundamental role in our economy, we have to make certain that we have the safest, most modern and efficient transportation system in the world. By reauthorizing the Federal Aviation Administration funding and safety oversight programs, the underlying legislation that is being brought to the floor takes an important step toward that goal.
H.R. 915 helps airports meet the challenges of congestion and delays by, among other things, authorizing over $16 billion for the Airport Improvement Program. That program provides grants to airports to help them with capacity and infrastructure problems.
The bill also provides over $13 billion for facilities and equipment programs to expedite the deployment of the Next Generation Air Transportation System, and to assist airports in repairing, replacing and upgrading existing equipment and facilities.
Currently, there is a contract dispute between the air traffic controllers and the Federal Aviation Administration. Now, I admire air traffic controllers. They are highly trained, hardworking professionals. I'm honored to know those who are in south Florida, the air traffic controllers, and I'm very proud of them. I'm very proud of them for their extraordinary work and their dedication. Under great pressure, with no room for error, they manage our skies and keep the traveling public safe. I'm pleased that the distinguished chairman has acknowledged the dispute and taken steps to resolve the issue.
Although I support the underlying legislation, Mr. Speaker, very important underlying legislation, I must oppose the rule that is bringing it to the floor because it blocks, that rule blocks a complete and fair debate unnecessarily, once again and unfortunately, once again.
The rule brought forth by the majority today forbids the House from considering amendments from Members on both sides of the aisle. Yes, it allows four out of six Republican amendments that were introduced in the Rules Committee, but it blocks, it prohibits, a total of 21 amendments. Some of those amendments are bipartisan amendments, and most are amendments from the majority party. I may not have voted for all those amendments that were blocked by the majority on the Rules Committee, but I certainly believe that this House should have had the opportunity to debate them, to consider them, and to vote on all the amendments.
I don't know why, Mr. Speaker. I'm not sure why the majority, each time a bill comes up for consideration under a rule, it consistently, the majority consistently blocks amendments from debate. Why? Why is the majority blocking amendments? Is it that they're afraid of debate? Are they afraid of losing the vote on some amendments? Are they protecting their Members from what they consider to be tough, difficult votes? Are they afraid of the democratic process? Or is it all of the above?
I reserve.
Mr. ARCURI. Mr. Speaker, I thank my friend from Florida for his comments, and my colleague from the Rules Committee, and thank you for the history of the Miami Airport. I was not familiar with the importance that it played in the history of the aviation of our country, but I thank you for that.
I just want to point out that, with respect to your comment about amendments, that there were, in all, eight Republican amendments submitted to the committee, of which five were made in order. Yet the Democrats submitted 22 amendments, and only seven of those were made in order. So I would say that the percentage was more than fair on both sides of the aisle.
With that, Mr. Speaker, I yield 4 minutes to the gentleman from Florida, my colleague from the Rules Committee, Mr. Hastings.
Mr. HASTINGS of Florida. I thank my colleague from the Rules Committee for yielding me the time. And I also would like to refer to my friend, and he is my good friend from Florida, who asks the question, why would the majority, quoting him, ``block legislation.''
My friend, when he was in the majority, knows that I served on the committee with him for a number of years, and I suffered the frustration of being in the minority, and perhaps that is what you suffer.
But beyond that, I have the distinct recollection of even being on the Rules Committee and not even having my amendments made in order; so it is not only the general body, even the members of the Rules Committee, it is the function and the way that the House works, and that is that the majority rules.
Mr. Speaker, H.R. 915, the FAA authorization action of 2009, has been delayed for almost 3 years. This, in my opinion, is far too long for such a critical issue. Essential increases in aviation funding and safety improvement have been allowed to languish.
Under the Bush Administration there was another attempt made to approve this legislation, but it was delayed yet again by the Senate.
I believe the time has come for action. For years I have fought, along with colleagues, for a new tower at Palm Beach International Airport. And yet, with all their infinite wisdom, the Federal Aviation Administration approved plans for a new tower that is under construction that is in abatement at this moment, but intends to strip the state-of-the-art TRACON radar out of Palm Beach International and move it to Miami.
By placing all of south Florida's major radar functions under one roof in Miami, the FAA is creating an extremely dangerous scenario, especially in light of the fact that Florida is vulnerable to hurricanes and has been designated as a high-risk urban area.
If a hurricane were to barrel through Miami-Dade County and damage MIA's control tower and subsequent radar system, as Hurricane Andrew did, then it's highly possible, indeed likely, that emergency efforts in Palm Beach and south Florida could be dramatically hindered.
The FAA's contingency plan would require that controllers in Jacksonville, an airport more than 350 miles away, direct approaching aircraft, not only in their assigned region, but throughout all of south Florida and virtually the entire State, without additional staff and technology.
For my constituents, H.R. 915 contains a provision that I consider very important, and worked hard to make sure that it was included. I thank Chairman Oberstar and Subcommittee Chair Costello and especially their staffs for the extraordinary work that they have done on this overall bill, and I'm deeply appreciative that they included this language, and I hope the FAA gets it.
The administrator of the Federal Aviation Administration shall take such actions as may be necessary to ensure that any air traffic control tower or facility placed into operation at Palm Beach International Airport after September 30, 2009, to replace an air traffic control tower or facility placed into operation before September 30, 2009, includes an operating Terminal Radar Approach Control. It creates a process to ensure that these realignment efforts are properly reviewed and evaluated, and that stakeholders are involved throughout the entire process. This will help ensure that realignment decisions are not arbitrary nor are they made with only financial considerations taken into account.
The SPEAKER pro tempore (Mr. Clay). The time of the gentleman has expired.
Mr. ARCURI. I yield the gentleman an additional 2 minutes.
Mr. HASTINGS of Florida. Throughout my career, rarely have I seen a Federal agency as dysfunctional, unorganized, or downright incompetent, certainly totally irresponsible as it pertains to this issue, and unresponsive to my and the efforts of others to see to it that this matter is concluded in a positive manner.
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The way that they functioned under the Bush administration certainly is not to be admired. For years, I've been fighting the FAA to stop the consolidation and the realignment of south Florida air traffic control facilities, and the same holds for other areas of the country where appropriate studies are needed before such decisions are taken.
As my constituents know, I take this very personally. Simply put, the lives of millions of people all across this country are in the hands of air traffic controllers every single day. I'm sorry, but we can't play politics with one's personal safety.
My good friend from Florida referenced the air traffic controllers. On Monday, I received, as before did Mr. Oberstar and Mr. Costello, the Sentinel of Safety Award. I thank my friends that are National Air Traffic Controllers Association members, particularly those who have worked with me on this project--Mitch and Shane and others in the area--and my former staff person, David Goldenberg. I would like to shout out to him and thank him and Alex Johnson on my staff for the extraordinary work that they have done.
I urge the adoption of this rule and the passage of this underlying legislation.
I would ask my friend from Florida, since he, like me, is a fan of the National Air Traffic Controllers Association, if he supports their quality of life issues and their increase in appropriate pay.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I appreciate my dear friend and colleague and the fact that he shares also my admiration for the air traffic controllers and my support for the measures to increase their quality of life and to recognize the extraordinary work that they do each day and the importance of the extraordinary work that they do each day.
With regard to the fact that when he was in the minority he experienced some of his amendments being denied, I've also had that experience. Obviously, it's a lot more challenging to be in the minority than it is to be in the majority. Of course, I'm always hopeful because, in the next bill that's going to be considered by the Rules Committee, I'm going to introduce another amendment. So there's hope. There's hope. I never lose hope that there will be additional fairness in the next rule.
I say to my good friend Mr. Arcuri--and he is my friend, as Mr. Hastings is--that, yes, I recognize, on this particular rule a significant number of Republican amendments were made in order. What I fail to understand is the logic in opening up the process on legislation, especially on legislation that obviously enjoys almost consensus support. I recognize the obligations of the majority to frame debate here and to organize the floor. I recognize that. I had the privilege for many years of being on the Rules Committee in the majority. We've had closed rule after closed rule after closed rule, not in this case, as this is a structured rule where there have been more amendments authorized, but the amount of very strictly organized rules and especially the amount of closed rules has been really extraordinary and, I think, unnecessary. That's the point that I've been making.
I would inquire of Mr. Arcuri if he has any additional speakers.
Mr. ARCURI. No, we have no further speakers, and I would be ready to close.
Mr. LINCOLN DIAZ-BALART of Florida. We thought we did, but we don't. So at this point we will be urging a ``no'' vote on the previous question and a ``no'' vote on the adoption of the rule.
Again, Mr. Speaker, the underlying legislation is important, and it's going to enjoy great bipartisan support, but we think that the process of debate should have been fully open, so that's why we'll be asking for a ``no'' vote on the previous question as well as on the rule.
At this point, I yield back the balance of my time.
Mr. ARCURI. I thank the gentleman from Florida, my good friend and colleague from the Rules Committee, for his very capable handling of this rule.
Mr. Speaker, in closing, I would like to say that the need to pass this legislation could not be clearer. We're about to enter the summer travel season, and as we saw last summer, the typical increase in passenger travel, coupled with summer thunderstorms, can wreak havoc on our air traffic system and on passengers' travel plans.
H.R. 915 will address the congestion and capacity issues by providing funding to accelerate the implementation of the Next Generation Air Transportation System, commonly known as NextGen, which will replace outdated technology with emerging technologies and automated flight capabilities.
The FAA Reauthorization Act also contains important consumer protection measures that will provide relief to passengers who find themselves helplessly caught in the air traffic system. The bill requires airlines and airports to have emergency contingency plans approved by the U.S. Department of Transportation detailing how airlines and airports will deplane passengers following excessive delays.
The Department of Transportation will have the authority to assess civil penalties against an airline or an airport that fails to adhere to an approved contingency plan. Airlines will also be required to include on their Web sites and on electronic boarding passes the U.S. DOT Consumer Complaint Hotline number and the contact information for both the U.S. DOT's Consumer Protection Division and airline. The bill also requires the U.S. DOT Inspector General to review airlines' flight delays, cancellations, and their associated causes and report back to Congress.
These are important protections that the American public desperately deserves against the often indifferent giant airlines. Let's work together today to see that they are implemented in a timely manner. I urge a ``yes'' vote on the previous question and on the rule.
I yield back the balance of my time, and I move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous question.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed.
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