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March 19, 2010

Senators Consider 80 Amendments to Reauthorization As Debate Continues 

The Senate continued debating a multiyear reauthorization bill for the Federal Aviation Administration this week, approving 14 amendments while rejecting seven others.

Debate on the measure, HR 1586, began last week. (see March 12 AASHTO Journal story) It continued throughout this week as senators filed 80 amendments, many of which have nothing to do with aviation. Senate rules allow nongermane amendments to be offered and debated to any legislation until cloture (a vote to close debate) has been invoked. Media reports this week have indicated that Senate Majority Leader Harry Reid, D-NV, had hoped to avoid needing to invoke cloture on the FAA bill but might do so next week so the Senate can conclude work on the measure and move on to other business such as modifications to a major healthcare package.

Amendments approved thus far have mostly dealt with projects or studies for specific airports or states. Little of the bill's substance has been modified. In addition, senators overwhelmingly approved an amendment offered by Sen. Russ Feingold, D-WI, to rescind any highway earmarks that are at least 10 years old and that have an unobligated balance of at least 90 percent. (see related story)

FAA's legal authority currently expires March 31. Congress has passed 11 short-term extensions for the FAA since its last long-term reauthorization bill expired Sept. 30, 2007. A 12th short-term extension through July 3 was approved this week by the House of Representatives by voice vote (HR 4853). This extension, if adopted by the Senate before month's end, will give Congress three months to negotiate a final multiyear FAA reauthorization bill. A conference committee will have to reconcile two controversial provisions in the House bill that are not in the Senate bill. The House seeks to increase airport passenger facility charges from $4.50 to $7 per passenger and it to make it easier for employees of FedEx to unionize.

The Senate bill would reauthorize the FAA through Sept. 30, 2011. Additional funding for the $34.5 billion legislation would come by increasing the general aviation jet-fuel tax from 21.9 cents per gallon to 36 cents per gallon. Those extra funds would be directed to an Air Traffic Control System Modernization Account to help pay for the effort to install a satellite-based "next generation" system for guiding aircraft. The tax increase would be authorized through Fiscal Year 2013.

Under the current Senate version, the Airport Improvement Program would be funded at $4 billion during this fiscal year and $4.1 billion in Fiscal Year 2011. The program helps states and localities pay for upgrades to their airports.

Senators Debate DCA Flight Perimeter Exemptions

Eight amendments have been offered by Western senators seeking to expand the number of flights from Washington National Airport (DCA) to cities beyond the 1,250-mile perimeter established by federal law. Current federal law allows 12 daily roundtrip flights beyond the perimeter, which was established by Congress 44 years ago to promote Washington Dulles International Airport (IAD) as the long-haul facility for flights in and out of the national capital area. Many fliers -- including members of Congress from Western states -- prefer the convenience of National, however. That airport is 5 miles from the U.S. Capitol by car compared to the 28 miles it takes to reach Dulles. (The region's third major airport, BWI, is located 31 miles from the Capitol.)

Senators from Maryland and Virginia oppose changing the number of perimiter exemptions, however, concerned additional flights would increase noise for nearby residents. But amendment supporters say they have structured their proposals to ensure any airline that gets a long-distance exemption would have to give up a short-distance flight in exchange, keeping the total number of DCA flights constant.

Bicycle Funding Ban Amendment Approved

An amendment adopted by the Senate to the FAA bill would prohibit airports from using passenger facility charge revenue to build bike storage facilities.

The amendment was offered by Sen. John McCain, R-AZ, and approved by unanimous consent as part of a manager's package.

"Most airline passengers would agree with me that they would rather see more improvements to ensure faster travel times and safer departures and arrivals," McCain said on the Senate floor.

That provision is also likely to be debated during a conference committee with the House as several key representatives, including House Transportation and Infrastructure Committee Chairman James Oberstar, D-MN, are major supporters of bicycling.

"This is just providing another mode of transportation option to people who travel to and from the airport," said Oberstar spokesman Jim Berard. He noted bike parking racks at airports are especially useful given the nation's emphasis on reducing the use of fossil fuels.


Questions regarding this article may be directed to editor@aashtojournal.org.

 
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