H. Res. 464: H.R. 915 - FAA Reauthorization Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday,  May 20, 2009.
FLOOR ACTION:  ADOPTED BY THE HOUSE BY A RECORD VOTE OF 234 – 178 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 246 - 175 on Thursday May 21, 2009

 

MANAGERS: Arcuri/Diaz-Balart

111th Congress 
1st Session

H.RES 464

[Report No. 111-126]

 

Revised

H.R. 915 – FAA Reauthorization Act of 2009

 

  1. Structured rule.
  1. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.
  1. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  1. Provides that, in lieu of the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure, the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution, modified by the amendment printed in part B of the Rules Committee 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 and shall be considered as read.
  1. Waives all points of order against provisions in the bill, as amended.  This does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. Makes in order only those amendments printed in part C of the Rules Committee report accompanying the resolution.
  1. Provides that the amendments made in order 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.
  1. Waives all points of order against the amendments printed in part C of the report except for those arising under clause 9 or 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  1. Authorizes the chair of the Committee on Transportation and Infrastructure to file a supplemental report to accompany H.R. 915.

—————

RESOLUTION

            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.

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE

CONSIDERED AS ADOPTED

            The substitute amendment is identical to the bill as reported by the Committee on Transportation and Infrastructure except that it includes a provision (section 602) that would apply the Back Pay Act to Federal Aviation Administration employees.   In general, the amendment provides funding for FAA capital programs between fiscal year 2009 and FY 2012. The $70 billion provided would allocate $16.2 billion for the Airport Improvement Program (AIP), $13.4 billion for FAA Facilities and Equipment (F&E), $38.9 billion for FAA Operations, and $1.35 billion for Research, Engineering, and Development (RE&D).

Text of the Amendment

SUMMARY OF AMENDMENT IN PART B PROPOSED TO BE

CONSIDERED AS ADOPTED

            The amendment would extend for 3 years the Airport and Airway Trust Fund taxes applicable to the transportation of persons by air, the transportation of property by air, and fuel (aviation-grade kerosene and aviation gasoline) used in commercial aviation.  The amendment would increase the taxes applicable to fuel used in noncommercial aviation from 21.8 cents/gallon to 35.9 cents/gallon in the case of aviation-grade kerosene and from 19.3 cents/gallon to 24.1 cents/gallon for aviation gasoline.  These rates do not include the 0.1 cent/gallon Leaking Underground Storage Tank tax.  The amendment would raise $599 million from fiscal years 2010 to 2014 and raise $1.324 billion from fiscal years 2010 to 2019.

Text of the Amendment

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SUMMARY OF AMENDMENTS IN PART C TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1. Oberstar (MN)

Would (1) make technical corrections; (2) add a new section regarding participation of disadvantaged business enterprises in contracts, subcontracts, and business opportunities funded using passenger facility revenues and in airport concessions; (3) require the FAA to hold discussions with countries that have foreign repair stations to harmonize safety standards; (4) clarify that the foreign repair station section (section 303) is an exercise of the rights of the United States under an international agreement; (5) require the FAA to conduct a rulemaking to improve the safety of flight crewmembers, medical personnel, and passengers aboard helicopters providing air ambulance services under federal regulations; (6) establish within the FAA an Aviation Safety Whistleblower Office to assess and investigate complaints regarding aviation safety; (7) clarify that passengers may not smoke in intrastate and interstate aircraft; (8) require air carriers to permit passengers to carry musical instruments under certain circumstances; (9) permit the Secretary to make grants to airport operators and units of local government for soundproofing certain buildings; (10) require the FAA to initiate research and development work on effective air cleaning and sensor technology for the engine and auxiliary power unit for bleed air supplied to the passenger cabin and flight deck; (11) require the owner or operator of a large hub airport to publish on the Internet a phone number to receive aviation noise complaints and report such complaints to the FAA; (12) authorize the Secretary to grant releases from terms of the August 28, 1973 conveyance from the United States to St. George, Utah, for airport purposes; (13) require the FAA to ensure that any air traffic control tower or facility in operation at Palm Beach International Airport after September 30, 2009, or to replace such tower or facility placed into operation before such date, includes an operating terminal radar approach control; (14) addresses the safety concerns at Santa Monica Airport.

(20 minutes)

2. Lee, Christopher (NY)/
Slaughter (NY)/
Higgins (NY)

Would require GAO, within 3 months of enactment, to initiate a study into commercial airline pilot training and certification programs.  The GAO shall submit the report to Congress within 12 months of the study's initiation.

(10 minutes)

3. Richardson (CA)

Would require the Transportation Secretary, within 180 days of enactment, to issue regulations to require each air carrier to provide each of its passengers an option to receive a text message (or other comparable electronic service), subject to any fees applicable under the contract of the passenger for the electronic service, from the air carrier consisting of a notification of any change in the status of the flight of such passenger prior to boarding.  This would only apply to air carriers that earn at least one-percent of the domestic passenger service revenue.

(10 minutes)

4. Burgess (TX)

Would express the sense of Congress that FAA whistleblowers be granted the full protection of the law.

(10 minutes)

5. Cuellar (TX)/
Ortiz (TX)/
McCaul (TX)

Would direct the FAA Administrator to study  the FAA radar signal locations and their impact on the development of renewable energy technologies, and to make recommendations as necessary for relocation of FAA radars and testing and deployment as needed.

(10 minutes)

6. McCaul (TX)

Would prohibit authorized funds from being used to name a project or program for an individual then serving as a Member, Delegate, Resident Commissioner, or Senator of the United States Congress.

(10 minutes)

7. Murphy, Christopher (CT)

Would provide that when conducting an appraisal for purchase or property under the Airport Improvement Program, the appraisal must not consider either the increased or decreased value of the property due to the property’s inclusion in a potential project. 

(10 minutes)

8. Cassidy (LA)

Would amend section 417 (review of air carrier flight delays, cancellations, and associated causes) so that the Inspector General study includes the effect that limited air carrier service operations on routes have on the frequency of delays and cancellations on such routes.

(10 minutes)

9. Kilroy (OH)

Would require the GAO to study, within one year of enactment, the effectiveness of FAA oversight activities related to preventing or mitigating the effects of dense continuous smoke in the cockpit of commercial aircraft.

(10 minutes)

10. Frelinghuysen (NJ)

Would require the FAA to study the proposed New York/New Jersey/Philadelphia Class B modification design change.  The study shall determine the effect of the change on the environment, with an emphasis on airplane noise.  The study shall state whether the change was considered in conjunction with the New York/New Jersey/Philadelphia Airspace Redesign.

(10 minutes)

11. Lowey (NY)/
Engel (NY)/
Hall, John (NY)

Would direct the FAA to initiate a rulemaking process to determine the authorization of Westchester County Airport to reinstate limits on overnight aircraft operations.

(10 minutes)

12. Ackerman (NY)/ Crowley (NY)

 

(Added as a result of committee action) Would provide that Congress finds the FAA did not follow FAA policy statements in determining whether the proposed College Point Marine Transfer Station in New York if constructed would constitute a hazard to air navigation. It also would require the FAA Administrator to take such actions as may be necessary to designate the proposed College Point Marine Transfer Station in New York City, New York , as a hazard to air navigation.

(10 minutes)