H.Res. 664: H.R. 2881 - FAA Reauthorization Act of 2007

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Wednesday September 19, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 218 - 196 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 223 - 189 on Thursday September 20, 2007.

MANAGERS:WELCH/DIAZ-BALART, LINCOLN 

110th Congress 
1st Session

H.RES. 664

Report No. 110-335

 

H.R. 2881 – FAA Reauthorization Act of 2007

  1. Provides for consideration of H.R. 2881 under a structured rule.
  2. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. 
  3. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure. 
  4. Provides, 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 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. 
  5. Waives all points of order against provisions in the bill, as amended. 
  6. Makes in order only those amendments printed in part C of the Rules Committee report accompanying the resolution. 
  7. 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. 
  8. Waives all points of order against the amendments printed in the report except for those arising under clause 9 or 10 of rule XXI. 
  9. Provides one motion to recommit H.R. 2881 with or without instructions. 
  10. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration in the House of H.R. 2881 to a time designated by the Speaker. 

 

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. 2881) to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, 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 amendments considered as adopted by this resolution and shall not exceed one hour equally divided and controlled by the chairman 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.  During consideration in the House of H.R. 2881 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

SUMMARY AND TEXT OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

          For FY08 through FY11, the amendment in the nature of a substitute would authorize $37.2 billion for Federal Aviation Administration (FAA) operations, almost $13 billion for FAA Facilities and Equipment, $15.8 billion for the Airport Improvement Program, and $1.82 billion for Research, Engineering, and Development.  It recommends that Ways and Means provide increases in the general aviation jet fuel tax rate due to inflation, and also recommends that Ways and Means provide an increase in the aviation gasoline tax rate to provide capital funding needed to modernize the Air Traffic Control system and for the Airport and Airway Trust Fund. It also increases the Passenger Facility Charge from a maximum of $4.50 to a maximum of $7.00, increases the number of aviation safety inspectors, and requires airlines and airports to have emergency contingency plans in place to take care of passengers that are involved in long flight and tarmac delays.  It also requires, on a retroactive basis, that the FAA and National Air Traffic Controllers Association go to independent binding arbitration to resolve a contract dispute.  Finally, it would move certain FedEx employees from the Railway Labor Act to the coverage of the National Labor Relations Act.

TEXT OF PART A

SUMMARY AND TEXT OF AMENDMENT IN PART B TO BE CONSIDERED AS ADOPTED  

          The amendment would extend for four years the current 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.  It would increase the taxes applicable to fuel used in noncommercial aviation from 21.8 cents per gallon to 35.9 cents per gallon in the case of aviation-grade kerosene and from 19.3 cents per gallon to 24.1 cents per gallon in the case of aviation gasoline.  (These rates do not include the 0.1 cent per gallon Leaking Underground Storage Tank tax).  The additional revenue due to the tax increase is, subject to appropriation, for air traffic control modernization.

TEXT OF PART B

SUMMARY AND TEXT OF AMENDMENTS IN PART C MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Oberstar (MN):

 

Manager's Amendment. The manager’s amendment requires the Federal Aviation Administration (“FAA”) to begin schedule reduction meetings if aircraft operations exceed hourly maximum arrival and departure rules at airports, calls for an update of the Department of Transportation Inspector General’s 2000 report on air carrier flight delays, cancellations, and causes for such delays and cancellations.  Essential Air Service communities receive additional resources to help their communities continue to receive service, including a repeal of the local participation match, a notice to communities prior to termination of eligibility, procedures for the restoration of eligibility, and the creation of an Office of Rural Aviation.  The manager’s amendment provides for labor integration during airline mergers, directs the FAA to conduct rulemakings on flight time limitations, OSHA standards for flight attendants, and aircraft rescue and firefighting standards, and includes provisions on cabin air quality.

 (10 minutes)

 

 

2. LaTourette (OH):

 

Provides the Secretary the authority to grant Airport Improvement Program funds no greater than $1,220,000 to Lake County for the purpose of purchasing the Lost Nation Airport from the city of Willoughby.

 (10 minutes)

 

 

3. Poe (TX):

 

The amendment will extend drug and alcohol testing to individuals performing maintenance work on U.S. air carriers at foreign aircraft repair stations.

 (10 minutes)

 

 

4. Shays (CT):

 

The amendment requires a GAO report assessing the possibility of utilizing market-based strategies for air congestion reduction, such as incentivizing airlines to move flights to off-peak times, implementing slotting systems for airports or quotas, and comparing these strategies' effectiveness against redesigning airspace.

 (10 minutes)

 

 

5. Waters (CA):

 

The amendment would state that Section 807, which establishes a working group on "Consolidation and Realignment of FAA Facilities," covers consolidation of FAA regional offices.  It would also ensure that the working group could include representatives of the employees of the regional offices.

 (10 minutes)

 

 

6. Udall, Tom (NM):

 

This amendment requires the Secretary of Transportation to issue regulations requiring air carriers to provide initial and annual recurring training for flight attendants and gate attendants regarding serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. The training must include situational training on methods of handling an intoxicated person who is belligerent. 

 (10 minutes)

 

 

7. Klein (FL):

 

The amendment would require, subject to appropriations, that the Secretary of Transportation investigate consumer complaints regarding flight cancellations, overbooking of flights, baggage problems, ticket refund problems, incorrect or incomplete fare information, the rights of frequent flyer passengers, and deceptive or misleading advertising.  The amendment also would require the Secretary to provide, as an annex to the Department's annual budget request, an estimate of resources that would have been needed to investigate all consumer complaints received the previous fiscal year.

 (10 minutes)

 

 

8. Neugebauer (TX):

 

The amendment would require the Administrator of the Federal Aviation Administration to carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the acceptable height and distance that wind turbines may be installed in relation to aviation sites and the level of obstruction such turbines may present to such sites.

 (10 minutes)