[Congressional Record Volume 157, Number 21 (Thursday, February 10, 2011)]
[Senate]
[Pages S646-S650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 60. Ms. SNOWE (for herself and Mr. Pryor) submitted an amendment 
intended to be proposed by her to the bill S. 223, to modernize the air 
traffic control system, improve the safety, reliability, and 
availability of transportation by air in the United States, provide 
modernization of the air traffic

[[Page S647]]

control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 311, between lines 11 and 12, insert the following:

     SEC. 733. REGULATORY FLEXIBILITY.

       (a) Panel Requirement.--Section 609(d) of title 5, United 
     States Code, as amended by section 1100G of the Dodd-Frank 
     Wall Street Reform and Consumer Protection Act (Public Law 
     111-203; 124 Stat. 2112), is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) the Department of Transportation.''.
       (b) Applicability.--Paragraph (4) of section 609(d) of 
     title 5, United States Code, as added by this Act, shall 
     apply on and after the date of enactment of this Act.
                                 ______
                                 
  SA 61. Mr. RUBIO (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 223, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 311, between lines 11 and 12, insert the following:

     SEC. 733. PROHIBITION ON EXPANSION OF FLIGHTS TO LOCATIONS IN 
                   COUNTRIES THAT ARE STATE SPONSORS OF TERRORISM.

       (a) Designated as a State Sponsor of Terrorism Defined.--In 
     this section, the term ``state sponsor of terrorism'' means, 
     with respect to a country, that the Secretary of State has 
     designated the country as a country that has repeatedly 
     provided support for acts of international terrorism for 
     purposes of--
       (1) section 6(j) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.));
       (2) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); and
       (3) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
       (b) Prohibition.--In any fiscal year, the Administrator of 
     the Federal Aviation Administration may not authorize more 
     flights in foreign air commerce (as defined in section 40102 
     of title 49, United States Code) between locations in the 
     United States and locations in countries that are designated 
     as state sponsors of terrorism than were authorized in the 
     last fiscal year ending before the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 62. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 207 and insert the following:

     SEC. 207. FEDERAL SHARE OF AIRPORT IMPROVEMENT PROJECT COSTS.

       Notwithstanding section 47109(a) of title 49, United States 
     Code, section 47109(e) of such title (as added by section 
     204(a)(2) of this Act), or any other provision of law, the 
     United States Government's share of allowable project costs 
     for a grant made under chapter 471 of title 49, United States 
     Code, for an airport improvement project is--
       (1) for fiscal year 2012, 85 percent;
       (2) for fiscal year 2013, 80 percent; and
       (3) for fiscal year 2014, 75 percent.
                                 ______
                                 
  SA 63. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 207 and insert the following:

     SEC. 207. FEDERAL SHARE OF AIRPORT IMPROVEMENT PROJECT COSTS.

       (a) In General.--Section 47109(a) of title 49, United 
     States Code, is amended by striking ``90 percent'' each place 
     it appears and inserting ``75 percent''.
       (b) Project Costs for Airports Transitioning From Small Hub 
     to Medium Hub Airports.--Subsection (e) of section 47109 of 
     title 49, United States Code, as added by section 204(a)(2) 
     of this Act, is further amended by striking ``95 percent'' 
     and inserting ``75 percent''.
                                 ______
                                 
  SA 64. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ORPHAN EARMARKS ACT.

       (a) Short Title.--This section may be cited as the ``Orphan 
     Earmarks Act''.
       (b) Unused Earmarks.--
       (1) Definition.--In this subsection, the term ``earmark'' 
     means the following:
       (A) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (B) A congressional earmark, as defined for purposes of 
     Rule XXI of the Rules of the House of Representatives.
       (2) Rescission.--Any earmark of funds provided for any 
     Federal agency with more than 90 percent of the appropriated 
     amount remaining available for obligation at the end of the 
     9th fiscal year following the fiscal year in which the 
     earmark was made available is rescinded effective at the end 
     of that 9th fiscal year, except that the agency head may 
     delay any such rescission if the agency head determines that 
     an additional obligation of the earmark is likely to occur 
     during the following 12-month period.
       (3) Identification and report.--
       (A) Agency identification.--Each Federal agency shall 
     identify and report every project that is an earmark with an 
     unobligated balance at the end of each fiscal year to the 
     Director of OMB.
       (B) Annual report.--The Director of OMB shall submit to 
     Congress and publically post on the website of OMB an annual 
     report that includes--
       (i) a listing and accounting for earmarks with unobligated 
     balances summarized by agency including the amount of the 
     original earmark, amount of the unobligated balance, and the 
     year when the funding expires, if applicable;
       (ii) the number of rescissions resulting from this section 
     and the annual savings resulting from this section for the 
     previous fiscal year; and
       (iii) a listing and accounting for earmarks provided for 
     Federal agencies scheduled to be rescinded at the end of the 
     current fiscal year.
                                 ______
                                 
  SA 65. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 80, beginning with line 8 strike through line 25 on 
     page 83 and insert the following:
       (a) OEP Airport Procedures.--
       (1) In general.--Within 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall publish a report, after 
     consultation with representatives of appropriate 
     Administration employee groups, airport operators, air 
     carriers, general aviation representatives, aircraft and 
     avionics manufacturers, and third parties that have received 
     letters of qualification from the Administration to design 
     and validate required navigation performance flight paths for 
     public use (in this section referred to as ``qualified third 
     parties'') that includes the following:
       (A) RNP operations.--A list of required navigation 
     performance procedures (as defined in FAA order 8260.52(d)) 
     to be developed, certified, and published, and the air 
     traffic control operational changes, to maximize the 
     efficiency and capacity of NextGen commercial operations at 
     the 137 small, medium, and large hub airports. The 
     Administrator shall clearly identify each required navigation 
     performance operation that is an overlay of an existing 
     instrument flight procedure.
       (B) Coordination and implementation activities.--A 
     description of the activities and operational changes and 
     approvals required to coordinate and to utilize those 
     procedures at each of the airports in subparagraph (A).
       (C) Implementation plan.--A plan for implementation of 
     those procedures that establishes--
       (i) clearly defined budget, schedule, project organization, 
     environmental, and leadership requirements;
       (ii) specific implementation and transition steps;
       (iii) coordination and communications mechanisms with 
     qualified third parties;
       (iv) specific procedures for engaging the appropriate 
     Administration employee groups to ensure that human factors, 
     training and other issues surrounding the adoption of 
     required navigation performance procedures in the en route 
     and terminal environments are addressed;
       (v) baseline and performance metrics for measuring the 
     Administration's progress in implementing the plan, including 
     the percentage utilization of required navigation performance 
     in the National Airspace System;
       (vi) outcome-based performance metrics to measure progress 
     in implementing RNP procedures that reduce fuel burn and 
     emissions;
       (vii) a description of the software and database 
     information, such as a current version

[[Page S648]]

     of the Noise Integrated Routing System or the Integrated 
     Noise Model that the Administration will need to make 
     available to qualified third parties to enable those third 
     parties to design procedures that will meet the broad range 
     of requirements of the Administration;
       (viii) lifecycle management for RNP procedures; and
       (ix) an expedited validation process that allows an air 
     carrier using a RNP procedure validated by the Administrator 
     at an airport for a specific model of aircraft and equipage 
     to transfer all of the information associated with the use of 
     that procedure to another air carrier for use at the same 
     airport for the same model of aircraft and equipage.
       (2) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 30 percent of the required procedures within 18 months 
     after the date of enactment of this Act;
       (B) 60 percent of the procedures within 30 months after the 
     date of enactment of this Act; and
       (C) 100 percent of the procedures before January 1, 2014.
       (b) Other Airports.--
       (1) In general.--Within one year after the date of 
     enactment of this Act, the Administration shall publish a 
     report, after consultation with representatives of 
     appropriate Administration employee groups, airport 
     operators, air carriers, general aviation representatives, 
     aircraft and avionics manufacturers, and qualified third 
     parties, that includes a plan for applying the procedures, 
     requirements, criteria, and metrics described in subsection 
     (a)(1) to other airports across the Nation, with priority 
     given to those airports where procedures developed, 
     certified, and published under this section will provide the 
     greatest benefits in terms of safety, capacity, fuel burn, 
     and emissions.
       (2) Surveying obstacles surrounding regional airports.--Not 
     later than 1 year after the date of enactment of that Act, 
     the Administrator, in consultation with the State secretaries 
     of transportation and state, shall identify options and 
     funding mechanisms for surveying obstacles in areas around 
     airports such that can be used as an input to future RNP 
     procedures.
       (3) Implementation schedule.--The Administration shall 
     certify, publish, and implement--
       (A) 25 percent of the required procedures at such other 
     airports within 18 months after the date of enactment of this 
     Act;
       (B) 50 percent of the procedures at such other airports 
     within 30 months after the date of enactment of this Act;
       (C) 75 percent of the procedures at such other airports 
     within 42 months after the date of enactment of this Act; and
       (D) 100 percent of the procedures before January 1, 2016.
       (c) Establishment of Priorities.--The Administration shall 
     extend the charter of the Performance Based Navigation 
     Aviation Rulemaking Committee as necessary to authorize and 
     request it to establish priorities for the development, 
     certification, publication, and implementation of the 
     navigation performance procedures based on their potential 
     safety, efficiency, and congestion benefits.
       (d) Coordinated and Expedited Review.--Required Navigation 
     Performance and other performance-based navigation procedures 
     developed, certified, published, and implemented under this 
     section that will measurably reduce aircraft emissions and 
     result in an absolute reduction or no net increase in noise 
     levels shall be presumed to have no significant environmental 
     impact and the Administrator shall issue and file a 
     categorical exclusion for such procedures.
                                 ______
                                 
  SA 66. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 252, line 19, strike all through page 
     254, line 2.
                                 ______
                                 
  SA 67. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 733. SECURING AIRPORT TERMINALS.

       (a) Screening Location and Sterile Area Defined.--In this 
     Act, the terms ``screening location'' and ``sterile area'' 
     have the meanings given those terms in section 1540.5 of 
     title 49, Code of Federal Regulations (or any corresponding 
     similar rule or regulation).
       (b) Increased Use of Security Cameras at Airports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall prescribe regulations that--
       (A) require the use of security cameras at all screening 
     locations and all locations where passengers exit the sterile 
     area at airports in the United States;
       (B) set forth requirements for the use, maintenance, and 
     testing of security cameras and other technological devices 
     used for security at airports in the United States; and
       (C) specify that employees of the Transportation Security 
     Administration have access to all security cameras and 
     technological devices described in subparagraph (B) and data 
     or recordings from such cameras and devices that relate to 
     airport security, including standards for--
       (i) the timing of such access;
       (ii) the accessibility of copies and acceptable formats for 
     such data or recordings;
       (iii) the period for which such data or recordings must be 
     maintained; and
       (iv) the permissible uses of such data or recordings.
       (2) Interim regulations.--The Secretary of Homeland 
     Security may issue interim final rules under paragraph (1) 
     without regard to the provisions of chapter 5 of title 5, 
     United States Code.
       (c) Improved Monitoring of Exits From Sterile Areas in 
     Airports.--
       (1) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) shall 
     submit to the committees specified in paragraph (2) a report 
     that--
       (A) makes recommendations for improving the security of 
     each location at an airport where passengers exit the sterile 
     area; and
       (B) assesses--
       (i) differences in configurations of such locations; and
       (ii) options for improving security at such locations, such 
     as increasing personnel assigned to such locations and the 
     use of technology to improve security.
       (2) Committees specified.--The committees specified in this 
     subsection are--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Transportation and Infrastructure and 
     the Committee on Homeland Security of the House of 
     Representatives.
       (3) Regulations.--The Secretary of Homeland Security may 
     prescribe regulations, including interim final rules 
     implemented without regard to the provisions of chapter 5 of 
     title 5, United States Code, requiring standards for security 
     at each location at an airport where passengers exit the 
     sterile area.
       (d) Increased Penalties for Circumventing Security 
     Screening.--
       (1) Civil penalties.--Section 46301(a)(5)(A)(i) of title 
     49, United States Code, is amended--
       (A) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (B) by inserting ``, or section 46314(a)'' after 
     ``44909)''.
       (2) Criminal penalties.--Section 46314(b) of title 49, 
     United States Code, is amended to read as follows:
       ``(b) Criminal Penalty.--A person violating subsection (a) 
     of this section shall be fined under title 18, imprisoned for 
     not more than 10 years, or both.''.
       (3) Notice of penalties.--
       (A) In general.--Each operator of an airport in the United 
     States that is required to establish an air transportation 
     security program pursuant to section 44903(c) of title 49, 
     United States Code, shall ensure that signs that meet such 
     requirements as the Secretary of Homeland Security may 
     prescribe providing notice of the penalties imposed under 
     sections 46301(a)(5)(A)(i) and 46314(b) of title 49, United 
     States Code, as amended by this subsection, are displayed 
     near all screening locations, all locations where passengers 
     exit the sterile area, and such other locations at the 
     airport as the Secretary of Homeland Security determines 
     appropriate.
       (B) Effect of signs on penalties.--An individual shall be 
     subject to a penalty imposed under section 46301(a)(5)(A)(i) 
     or 46314(b) of title 49, United States Code, as amended by 
     this subsection, without regard to whether signs are 
     displayed at an airport as required by subparagraph (A).
                                 ______
                                 
  SA 68. Mrs. MURRAY (for herself, Ms. Cantwell, and Mr. Begich) 
submitted an amendment intended to be proposed by her to the bill S. 
223, to modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 256, between lines 19 and 20, insert the following:

     SEC. 614. AEROSPACE WORKFORCE CENTERS OF EXCELLENCE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation, 
     in coordination with the Administrator of the National 
     Aeronautics and Space Administration and the heads of other 
     Federal agencies, as appropriate, shall leverage existing 
     resources to establish a program to develop

[[Page S649]]

     education and career pathways in occupations within existing 
     or emerging sectors in a regional aerospace industry cluster 
     through grants or other measures, including reimbursable 
     agreements with other Federal agencies.
       (b) Participation in Program.--The Secretary shall ensure 
     that participants in the program established under subsection 
     (a) include--
       (1) employers or employer groups in the regional aerospace 
     industry cluster;
       (2) educational and research institutions that have 
     existing facilities and experience in research, development, 
     and commercialization in the aerospace industry;
       (3) institutions of higher education (including community 
     colleges) with experience providing education and training 
     for aerospace industry occupations;
       (4) high schools with demonstrated experience in providing 
     career and technical education and training in occupations 
     related to the aerospace industry;
       (5) a State or local workforce investment board established 
     under section 111 or 117 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2821 and 2832, as appropriate;
       (6) representatives of workers in the regional aerospace 
     industry cluster; and
       (7) other appropriate organizations.
       (c) Competitive Grant Process.--The Secretary shall require 
     applicants to submit an application, at such time and in such 
     a manner as the Secretary may reasonably require. The 
     application shall contain a description of the eligible 
     participants under subsection (b) and shall require 
     applicants to describe how participants will work together to 
     accomplish the purposes of the program.
       (d) Designation as Centers of Excellence.--
       (1) In general.--The Secretary and the Administrator of the 
     Federal Aviation Administration shall award grants to not 
     fewer than 6 applicants, which shall be designated as 
     Regional Centers of Excellence in Aerospace Career Pathways.
       (2) Considerations.--In making designations under paragraph 
     (1), the Secretary and the Administrator shall--
       (A) consider the existing aerospace industry presence and 
     aerospace-related education, workforce training, and research 
     and development activities in the region; and
       (B) take any necessary measures to ensure--
       (i) an equitable geographic distribution of funds; and
       (ii) an appropriate balance in addressing the needs of 
     aerospace industry segments.
                                 ______
                                 
  SA 69. Mr. WYDEN (for himself, Mr. Merkley, Mrs. Murray, Ms. 
Cantwell, and Mr. Begich) submitted an amendment intended to be 
proposed by him to the bill S. 223, to modernize the air traffic 
control system, improve the safety, reliability, and availability of 
transportation by air in the United States, provide modernization of 
the air traffic control system, reauthorize the Federal Aviation 
Administration, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title VII, add the following:

     SEC. 733. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON 
                   NATIONAL AIRPORT.

       (a) Number of Exemptions.--Section 41718 is amended--
       (1) in subsection (a), by striking ``24'' and inserting 
     ``48'';
       (2) in subsection (b), by striking ``20'' and inserting 
     ``28'';
       (3) in subsection (c)(2), by striking ``3'' and inserting 
     ``6'';
       (4) in subsection (c)(3)(A), by striking ``six'' and 
     inserting ``eight'';
       (5) in subsection (c)(3)(B), by striking ``ten'' and 
     inserting ``twelve''; and
       (6) in subsection (c)(3)(C), by striking ``four'' and 
     inserting ``six''.
       (b) Scheduling Priority.--Section 41718 is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Scheduling Priority.--In administering this section, 
     the Secretary shall afford a scheduling priority to 
     operations conducted by new entrant and limited incumbent air 
     carriers over operations conducted by other air carriers 
     granted exemptions pursuant to this section, with the highest 
     scheduling priority afforded to beyond-perimeter operations 
     conducted by new entrant and limited incumbent air 
     carriers.''.
       (c) Allocation of Beyond-perimeter Exemptions.--Section 
     41718(c) is amended by adding at the end the following:
       ``(5) Slots.--The Administrator of the Federal Aviation 
     Administration shall reduce by 32 the total number of slots 
     available for air carriers at Ronald Reagan Washington 
     National Airport during a 24-hour period by eliminating slots 
     during the 1-hour periods beginning at 6:00 a.m., 10:00 p.m., 
     and 11:00 p.m. that are available for allocation, in order to 
     grant exemptions under subsections (a) and (b).''.
       (d) Within-perimeter Exemption Criteria.--Section 41718(b) 
     is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) to State capitals;''.
       (e) Updating the DCA Access Standard Security Plan.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Administrator of the Transportation Security 
     Administration, in consultation with the Administrator of the 
     Federal Aviation Administration and other relevant agencies, 
     shall--
       (1) assess alternatives to simplify the DCA Access Standard 
     Security Plan for general aviation users who want to fly into 
     Ronald Reagan Washington National Airport that will also 
     ensure a high level of security;
       (2) update and modify the Plan to incorporate the best 
     alternative assessed under paragraph (1); and
       (3) submit a report on the assessment and modification to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
                                 ______
                                 
  SA 70. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 333, between lines 11 and 12, insert the following:

     SEC. 808. FEES FOR CARRY-ON BAGGAGE TREATED AS PAID FOR 
                   TAXABLE TRANSPORTATION.

       (a) In General.--Subsection (e) of section 4261 is amended 
     by adding at the end the following new paragraph:
       ``(6) Amounts paid for carry-on baggage.--Any amount paid 
     for baggage personally carried into the cabin of an aircraft 
     by a person shall be treated for purposes of subsection (a) 
     as an amount paid for taxable transportation.''.
       (b) Effective Date.--The amendment may by this section 
     shall apply to transportation beginning on or after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 71. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 733. CONTROLLING HELICOPTER NOISE POLLUTION IN 
                   RESIDENTIAL AREAS.

       Section 44715 is amended by adding at the end the 
     following:
       ``(g) Controlling Helicopter Noise Pollution in Residential 
     Areas.--
       ``(1) In general.--Notwithstanding section 47502, not later 
     than the date that is 1 year and 90 days after the date of 
     the enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act, the Administrator of the Federal 
     Aviation Administration shall prescribe--
       ``(A) standards to measure helicopter noise; and
       ``(B) regulations to control helicopter noise pollution in 
     residential areas.
       ``(2) Rulemaking with respect to reducing helicopter noise 
     pollution in nassau and suffolk counties in new york state.--
       ``(A) In general.--Not later than 1 year after the date of 
     the enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act, and before finalizing the regulations 
     required by paragraph (1), the Administrator shall prescribe 
     regulations with respect to helicopters operating in the 
     counties of Nassau and Suffolk in the State of New York that 
     include--
       ``(i) requirements with respect to the flight paths and 
     altitudes of helicopters flying over those counties to reduce 
     helicopter noise pollution; and
       ``(ii) penalties for failing to comply with the 
     requirements described in clause (i).
       ``(B) Applicability of certain rulemaking procedures.--The 
     requirements of Executive Order 12866 (58 Fed. Reg. 51735; 
     relating to regulatory planning and review) (or any successor 
     thereto) shall not apply to regulations prescribed under 
     subparagraph (A).
       ``(3) Exceptions for emergency, law enforcement, and 
     military helicopters.--In prescribing standards and 
     regulations under paragraphs (1) and (2), the Administrator 
     may provide for exceptions to any requirements with respect 
     to reducing helicopter noise pollution in residential areas 
     for helicopter activity related to emergency, law 
     enforcement, or military activities.''.
                                 ______
                                 
  SA 72. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

[[Page S650]]

     SEC. 733. NOTIFICATION REQUIREMENT WITH RESPECT TO WILDLIFE 
                   STRIKES ON AIRCRAFT.

       (a) In General.--Chapter 447, as amended by sections 521, 
     558, and 562, is amended by adding at the end the following:

     ``Sec. 44733. Notification of wildlife strikes

       ``The Administrator of the Federal Aviation Administration 
     shall be notified, by the most expeditious means available--
       ``(1) by the operator of a civil aircraft or a public 
     aircraft (other than a public aircraft operated by the armed 
     forces or by an intelligence agency of the United States), if 
     the aircraft collides with 1 or more birds or other wildlife;
       ``(2) by airport personnel or personnel of the operator of 
     an aircraft described in paragraph (1), if such personnel see 
     such a collision; and
       ``(3) by aircraft maintenance personnel, if such personnel 
     identify damage to an aircraft resulting from such a 
     collision.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 447, as amended, is amended by adding at the end the 
     following:

``44733. Notification of wildlife strikes.''.
                                 ______
                                 
  SA 73. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 157, between lines 18 and 19, insert the following:
       (d) Implementation of Flight Attendant Fatigue Study 
     Recommendations.--Within 60 days after the date of enactment 
     of this Act, the Administrator of the Federal Aviation 
     Administration shall initiate a process to carry out the 
     recommendations of the Civil Aerospace Medical Institute 
     study on flight attendant fatigue.

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