[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[House]
[Pages 4844-4915]
[From the U.S. Government Publishing Office, www.gpo.gov]




               FAA REAUTHORIZATION AND REFORM ACT OF 2011

  The SPEAKER pro tempore. Pursuant to House Resolution 189 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 658.

                              {time}  1458


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 658) to amend title 49, United States Code, to authorize 
appropriations for the Federal Aviation Administration for fiscal years 
2011 through 2014, to streamline programs, create efficiencies, reduce 
waste, and improve aviation safety and capacity, to provide stable 
funding for the national aviation system, and for other purposes, with 
Mrs. Emerson in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall be confined to the bill and amendments specified 
in House Resolution 189 and shall not exceed 1 hour, with 40 minutes 
equally divided and controlled by the chair and ranking minority member 
of the Committee on Transportation and Infrastructure, 10 minutes 
equally divided and controlled by the chair and ranking minority member 
of the Committee on Science, Space, and Technology, and 10 minutes 
equally divided and controlled by the chair and ranking minority member 
of the Committee on Ways and Means.
  The gentleman from Florida (Mr. Mica) and the gentleman from West 
Virginia (Mr. Rahall) each will control 20 minutes. The gentleman from 
Texas (Mr. Hall), the gentlewoman from Maryland (Ms. Edwards), the 
gentleman from Michigan (Mr. Camp) and the gentleman from Michigan (Mr. 
Levin) each will control 5 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Mica).

                              {time}  1500

  Mr. MICA. I yield myself such time as I may consume.
  Madam Chairman, the legislation before us now, as the Chair has 
indicated, is the FAA Reauthorization and Reform Act of 2011.
  During the discussion on the rule which brought the measure to the 
floor, I had an opportunity to speak on the fairness of the rule, and 
again I'll cite: Having been here for a number of years and observed 
the process for three decades, I rarely find any time in which everyone 
has had a fair opportunity to offer amendments. Some 48 amendments were 
offered before the Rules Committee. Thirty-three were accepted. Nine 
were withdrawn. So there are only six that were not considered--some 
for germaneness reasons, some for being duplicative--and also, in 
fairness, for Members to have an opportunity to participate. So, again, 
I think the process that we have come forward with is very, very fair. 
The process has been fair and bipartisan in the committee.
  In the last 4 years, as the ranking Republican, Republican leader of 
the committee, I can count on probably less than three fingers the 
number of votes that we had over the 4 years. We had many more votes 
than that in the committee. It was an open process and people had the 
opportunity to participate.
  I also spoke in the rule of how we got ourselves in this predicament. 
I had the honor and privilege of being the chair of the Aviation 
Subcommittee after the beginning of 9/11 and through the fateful time 
of 9/11 for 6 years. In 2003, we passed the last authorization for FAA. 
Now, in order to operate the Federal Government and each of its 
agencies and activities, the Congress must authorize the programs, the 
policies, the agencies, the funding formulas, and the projects that are 
eligible for Federal participation.
  As I also stated, the other side of the aisle for 4 years had huge 
majorities, could pass anything that they wanted to. Very large 
majority in the House, large majority in the Senate. And the last 2 
years, indeed, they controlled the White House, the House, and the 
Senate. They could pass anything they wanted.
  In 2007, the bill that I helped author, a 4-year authorization, 
expired. They did 17 extensions in 4 years. It's no wonder people don't 
have jobs. It's no wonder that people in the aviation industry don't 
know which way the Federal Government is coming or going. It's no 
wonder that you have some disarray in one of our most important 
agencies, the FAA. They had 4 years; we've had less than 4 months. 
We're bringing the bill out.
  We've had a fair process in the committee, and we've had opportunity 
for people to offer amendments and will spend most of today and maybe 
part of tomorrow going through those amendments in, I think, an 
adequate time for debate. The bill does make some reductions in 
spending and it does take us back to the 2008 level of spending.
  Now, the first thing you will hear from the other side is, Oh, the 
Republicans are cutting and slashing important FAA programs and safety 
and security and everything under the sun will be at risk. I can tell 
you that that's not the case. I can tell you that you can do more with 
less, and we can prioritize. In fact, in this bill, to make certain 
that safety is our primary concern--and it must be our primary 
concern--we have put specific provisions in here that if there are cuts 
or reductions--and heaven knows the FAA and the Department of 
Transportation certainly can have reductions in bureaucratic staffing. 
My dad used to say when he was alive, ``Son, it's not how much you 
spend; it's how you spend it.'' And it's just like that with personnel.
  People say, well, we're not going to have enough air traffic 
controllers. We just had the incident out at Reagan. We had an air 
traffic controller with some 20 years' experience, 17 years at DCA, 
came to work I guess at 10 o'clock. There was somebody there until 
almost 10:30. So I understand he was there an hour and 28 minutes and 
either fell asleep or wasn't doing his duty. So, in Washington, what do 
they do? We've got to double up. We've got to have more employees.
  Listen to this statistic. Since before 2001, we have a 21 percent 
decrease. If we go to 2001 to today, we have a 21 percent decrease in 
air traffic movements. Why? Because the industry has consolidated. We 
don't have as many flights. The economy is down. At the same time, we 
have an increase in 20 percent of staffing. If you look at airports 
around the country, you will see some with huge reductions in air 
traffic and still the same number of air traffic controllers. In this 
bill, we give some flexibility so you can hopefully move people around.
  Now, I know there are labor agreements and it's hard to get people to 
move, and some people might not like the warm climes and beauty of 
Florida where the population has expanded--and Arizona and wherever 
else we need them--but, for heaven's sake, do we need to double up? Do 
we need to double up when there's no air traffic at these airports 
between midnight and 5 a.m.? That's the Washington big spending, big 
government. Let's add more.
  So I can tell you that there's plenty of room for doing things 
responsibly,

[[Page 4845]]

doing things with safety in mind. Now let's try a new approach with the 
best interests of the taxpayer.
  They've spent some $5.3 billion in about 24 months more than we take 
in. We're on the verge of having our financial security of this Nation 
at risk and also threatening even the defense security of this Nation.
  Again, 17 times they did these little hiccup extensions, costing 
millions of dollars. Just ask the FAA administrator; the recalculation, 
all the things that had to be done; the inability to move forward with 
safety programs, for that matter.
  So I just want to make the point that we can accomplish what we've 
set out: a reduction in spending and, actually, better performance and 
better safety. I could give more examples. I don't have a lot of time.
  We used to chase developmental programs, and the government would try 
to develop technology for air traffic control, and they take forever. 
And the private sector would develop technologies. They do it sooner, 
faster, better, with more capability, while we're still spending 
billions of dollars recklessly. And we reduced, actually, the amount of 
money in those developmental programs, and we actually have put out 
there the technology faster, better. So there are many areas, and I 
can't spend all my time talking about them.
  This is a job creation bill. 9.2 percent of the gross domestic 
activity in this Nation depends on this industry. We count on this. As 
I said, in less than 4 months, the other body, the Senate, has already 
passed the bill. We're ready to go to conference. We've asked for one 
extension to accomplish this. And this bill has excellent provisions.
  Finally, you will hear them moan and groan about some labor provision 
that someone described that we're taking away democratic rights and all 
of this for union members. It couldn't be further from the truth. We 
have had 70-some years of rules organizing for labor where we've always 
had a majority of those who were affected have to vote in a union. Now 
they want to change it to whoever shows up. They have multiple 
elections. And that's what they're asking for.
  The little caveat here--and I hope everyone is listening, Madam 
Chair. What they didn't do is to decertify to get out of the union. 
They left the old rule in place. There has to be a majority of everyone 
who's affected.
  They'll tell you that they didn't let women vote and all this a long 
time ago, try to mix up the topic at hand and confuse people, but you 
can't think of a more unfair rule than a packed National Mediation 
Board has enacted. Unfair, easy to enter in, cut the provisions for 
entering in, and then put a barrier up to get out.
  Again, I think this is an excellent program. It gives us 
opportunities to look at contract towers and then air traffic control, 
NextGen, the next generation of air traffic control. We can do better. 
We can get technology in place. We'll probably have to use fewer 
people. And we'll always know where the planes are if we can move this 
legislation forward that, again, has been on the shelf for some 4 
years.
  There are excellent provisions in this legislation. I feel confident 
that it deserves the support of the House, and we'll have fair and open 
debate on amendments.

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                   Washington, DC, March 29, 2011.
     Hon. John Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the 
     jurisdictional interest of the Committee on Science, Space, 
     and Technology in H.R. 658, the FAA Reauthorization and 
     Reform Act of 2011.
       H.R. 658 was favorably reported by the Committee on 
     Transportation and Infrastructure on March 10, 2011 and 
     sequentially referred to the Committee on Science, Space, and 
     Technology. I recognize and appreciate your desire to bring 
     this legislation before the House of Representatives in an 
     expeditious manner, and, accordingly, I will waive further 
     consideration of this bill in Committee. This, of course, 
     being conditional on our mutual understanding that Title X of 
     the legislation reported by your Committee will be removed 
     from the legislation and provisions regarding research and 
     development activities at the Federal Aviation Administration 
     developed by the Committee on Science, Space, and Technology 
     will be included in the legislation considered on the Floor. 
     However, agreeing to waive consideration of this bill should 
     not be construed as waiving, reducing or affecting the 
     jurisdiction of the Committee on Science, Space, and 
     Technology.
       Further, I request your support in the appointment of 
     conferees from the Committee on Science, Space, and 
     Technology during any House-Senate conference convened on 
     this, or any similar legislation. I also ask that a copy of 
     this letter and your response be placed in the Congressional 
     Record during consideration of the bill on the House floor.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                    Ralph M. Hall,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                   Washington, DC, March 29, 2011.
     Hon. Ralph M. Hall,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     658, the ``FAA Reauthorization and Reform Act of 2011.'' The 
     Committee on Transportation and Infrastructure recognizes the 
     Committee on Science, Space, and Technology has a 
     jurisdictional interest in H.R. 658, and I appreciate your 
     effort to facilitate consideration of this bill.
       As you wrote in your letter, we have agreed to strike Title 
     X from the Transportation and Infrastructure Committee 
     reported H.R. 658. Provisions regarding research and 
     development activities at the Federal Aviation Administration 
     developed by the Committee on Science, Space, and Technology 
     will be included in the legislation considered on the House 
     Floor.
       I also concur with you that forgoing action on this bill 
     does not in any way prejudice the Committee on Science, 
     Space, and Technology with respect to its jurisdictional 
     prerogatives on this bill or similar legislation in the 
     future, and I would support your effort to seek appointment 
     of an appropriate number of conferees to any House-Senate 
     conference involving this legislation.
       I will include our letters on H.R. 658 in the Congressional 
     Record during House Floor consideration of the bill. Again, I 
     appreciate your cooperation regarding this legislation and I 
     look forward to working with the Committee on Science, Space, 
     and Technology as the bill moves through the legislative 
     process.
           Sincerely,
                                                     John L. Mica,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                   Washington, DC, March 23, 2011.
     Hon. John Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
       Dear Chairman Mica, I am writing concerning H.R. 658, the 
     ``FAA Reauthorization and Reform Act of 2011,'' which is 
     scheduled for floor consideration next week. As a result of 
     your having consulted with us on provisions in H.R. 658 that 
     fall within the Rule X jurisdiction of the Committee on the 
     Judiciary, we are able to agree to forego action on this bill 
     in order that it may proceed expeditiously to the House floor 
     for consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 658 at 
     this time, we do not waive any jurisdiction over subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and 
     requests your support for any such request.
       I would appreciate your response to this letter confirming 
     this understanding with respect to H.R. 658, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration.
           Sincerely,
                                                      Lamar Smith,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                   Washington, DC, March 23, 2011.
     Hon. Lamar Smith,
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     658, the ``FAA Reauthorization and Reform Act of 2011.'' The 
     Committee on Transportation and Infrastructure recognizes the 
     Committee on the Judiciary has a jurisdictional interest in

[[Page 4846]]

     H.R. 658, and I appreciate your effort to facilitate 
     consideration of this bill.
       I also concur with you that forgoing action on this bill 
     does not in any way prejudice the Committee on the Judiciary 
     with respect to its jurisdictional prerogatives on this bill 
     or similar legislation in the future, and I would support 
     your effort to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this 
     legislation.
       I will include our letters on H.R. 658 in the Congressional 
     Record during House Floor consideration of the bill. Again, I 
     appreciate your cooperation regarding this legislation and I 
     look forward to working with the Committee on the Judiciary 
     as the bill moves through the legislative process.
           Sincerely,
                                                     John L. Mica,
                                                         Chairman.

  I reserve the balance of my time.

                              {time}  1510

  Mr. RAHALL. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, it was just last week two airliners landed at Washington 
National Airport without landing clearances because apparently the 
single person in charge of the control tower fell asleep. While 
investigations are ongoing, we certainly have seen accidents in the 
past where controller staffing and fatigue were implicated, such as the 
August 2006 crash of Comair Flight 5191 in Lexington, Kentucky.
  So I was surprised when some of my Republican colleagues used this 
most recent incident at Washington National Airport as an opportunity 
to argue that the FAA should ``do more with less.'' Do more with less: 
that's how the Republicans think the FAA will operate under this bill. 
When we're talking about investing in air traffic control modernization 
or regulating safety or hiring a sufficient number of safety 
inspectors, there's no such thing as ``doing more with less.''
  Under this bill, the FAA will have to do less with less, and you 
would have to be asleep at the controls not to see that.
  The FAA is primarily a safety agency, and virtually all of its 
activities are safety related. As last week's incident should make 
clear, now is not the time to arbitrarily cut almost $4 billion from 
the FAA programs and argue that the agency can do more with less on 
safety. A long-term FAA reauthorization bill must move the aviation 
system into the 21st century, create jobs, strengthen our economy, and 
provide the resources necessary to enhance safety. This legislation, 
unfortunately, does not meet those goals. It will require significant 
changes before it can be enacted into law, and therefore I cannot 
support it.
  One thing we should all be honest about right now: this is not a jobs 
bill. The bill cuts FAA funding by billions of dollars, back to 2008 
levels. You cannot cut funding so dramatically without destroying tens 
of thousands of jobs: Federal jobs, State jobs, local jobs, public and 
private sector jobs.
  In addition to costing jobs, the bill's funding cuts would cause 
delays to air traffic control modernization, meaning more delayed 
flights, a reduction of FAA's safety workforce and delays to FAA safety 
rules.
  Now, aside from the funding levels, there are two particular issues 
that preclude my support for this bill. The first is that the bill 
sunsets the Essential Air Service program for the lower 48 States in 
2013, leaving behind about 110 communities across the country. Yet at 
the same time, the bill extends airport improvements to the Marshall 
Islands, Micronesia, and Palau. We do not even own them. They are 
independent countries.
  Now, I do understand the reasons for providing airport improvement 
funds to these island nations. We do have a compact with them. But in 
seeking to keep faith with our agreements with those countries, the 
majority is more than willing to break the promise to rural America 
right here at home that was made under the Airline Deregulation Act and 
the FAA reauthorization bills that followed.
  EAS is a vital lifeline between rural communities and the global 
network of commerce. Small and rural communities have grown up around 
EAS, which directly supports local jobs. It creates a flow of goods and 
commerce into and out of small-town America. It brings families 
together. It links four communities in my home State of West Virginia 
with other cities and towns around the country and around the world.
  Essential Air Service is an investment; it's not a handout. It is an 
investment in jobs and economic growth for small towns. The majority is 
turning its back on small towns and rural America.
  I will continue to work with my colleagues in a bipartisan fashion to 
honor the promise that Congress has made to the people in rural 
America. I recognize the job-protecting benefits of the EAS program and 
the value of critical Federal investment for rural communities.
  Now, before I conclude, there's another section that has no business 
whatsoever being in this bill, and that is a provision that seeks to 
overturn a rule finalized by the National Mediation Board on fair union 
representation in elections. The rule did away with an unjust and 
undemocratic requirement under which a supermajority of airline and 
railroad workers had to vote in favor of union representation before a 
union could be certified to represent them at the bargaining table. 
Non-votes were counted as ``no'' votes, even though there was no reason 
to conclude workers were against union representation because they were 
sick or on furlough and did not vote.
  The new rule, which this bill would overturn, says that the mediation 
board must count the votes among those employees who voted and must 
determine the will of the workers according to the ``yes'' and ``no'' 
votes actually cast. Now, just as congressional elections turn on a 
majority of those who voted, union representation elections should 
reflect the will of the voters.
  This is a poison pill provision. A provision to overturn that rule 
simply has no business being in this legislation. It has nothing to do 
with safety. It has nothing to do with improving our air transportation 
system. And it has absolutely nothing to do with making air service 
more efficient. Rather, it is a lightning rod of controversy, part of a 
concerted assault, as we've seen too often this year, on collective 
bargaining. Republicans and Democrats alike have opposed it. It barely 
survived in the committee markup by a single vote. This unprovoked and 
unnecessary provision has no place in such critically needed 
legislation to keep the FAA moving forward and the flying public safe.
  When it comes to doing more with less, my friends on the other side 
of the aisle are correct about a few things, I have to admit, when it 
comes to the pending legislation:
  More than 70,000 jobs lost with less funding for the AIP program. 
More risks to the traveling public with less safety personnel and 
initiatives. More assaults on collective bargaining rights for American 
workers. More controversial poison pill provisions with less focus on 
job creation and safety enhancements.
  Yep, that's doing more with less.
  With warning lights flashing and alarm bells ringing, we cannot 
afford to go to sleep at the controls at such an important time for our 
aviation system.
  I reserve the balance of my time.
  Mr. MICA. Reminding everyone that we're borrowing 42 cents out of 
every dollar, I am pleased to yield 4 minutes to the chair of the 
Aviation Subcommittee, the gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. I thank my chairman.
  The legislation before us, H.R. 658, reauthorizes the safety and 
research programs, operations, airport grants, and funding for the 
Federal Aviation Administration for budget years 2011 through 2014. 
It's a 4-year reauthorization, with no earmarks, that will result in 
savings and in greater efficiencies.
  The bill funds the FAA at the fiscal year 2008 funding levels and 
will save $4 billion compared to the current levels. These funding 
levels recognize the state of the Federal budget, but should not affect 
vital safety functions.
  The FAA Administrator is directed to achieve required cost savings 
without cutting safety critical activities.

[[Page 4847]]

The bill requires the FAA to find and eliminate wasteful processes, 
duplicative programs, and unnecessary practices.

                              {time}  1520

  Given current economic times, there is a need to put our limited 
resources where they are most needed and use them efficiently. Although 
we cannot do all that we may have wanted to, when facing budget cuts, 
difficult decisions have to be made. We have worked to preserve the 
ability of the FAA to conduct its safety functions--its most important 
mission and our number one priority.
  The bill will phase out the Essential Air Service Program by 2013, 
resulting in $400 million in savings. The Essential Air Service Program 
was originally created in 1970 as a temporary program in the wake of 
airline deregulation. It was intended to allow airports to adapt to the 
change in the aviation industry and to plan accordingly. However, over 
the years, this program has resulted in taxpayers having to pay 
millions of dollars in subsidies to provide air service to communities 
even as passenger enplanements have declined as other modes of 
transportation have become available.
  With regard to NextGen, H.R. 658 streamlines processes and provides 
sufficient funding, with FAA pursestring tightening, to fund NextGen 
projects planned in the next 4 years. H.R. 658 sets strict goals and 
benchmarks, and includes other measures to accelerate NextGen in order 
to keep the momentum going. NextGen is critical to the U.S.'s ability 
to compete in the global aviation system by providing safer and more 
efficient and environmentally friendly operations.
  The bill allows for the expansion of the cost-effective Contract 
Tower Program, which has the potential to save, roughly, $400 million 
over 4 years. In addition, the legislation provides a clear and 
efficient process for the FAA to rapidly achieve benefits associated 
with the consolidation of old, obsolete and unnecessary FAA facilities, 
with enormous potential savings.
  I would like to commend Chairman Mica for his efforts in developing 
this bill and moving it through the committee.
  Also, while we may have differences on a few provisions, there is 
much in this bill that has bipartisan support. I look forward to 
continuing to work with my aviation partner, Representative Jerry 
Costello, and with our ranking member, Representative Nick Rahall, in 
getting agreement with the Senate so that we can finally send a bill to 
the President.
  I urge my colleagues to support H.R. 658.
  Mr. RAHALL. Madam Chair, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Costello), our leading Democrat on the 
Aviation Subcommittee who has been in the trenches, on the runways, and 
in the towers of this legislation for many years. He has been with the 
takeoffs and the landings of so many extensions.
  Mr. COSTELLO. I thank the ranking member for yielding to me and for 
his kind remarks.
  Madam Chair, we all agree that we need a long-term FAA 
Reauthorization Act. The FAA and the aviation community need stability 
and direction that a multi-year authorization will provide. However, 
it's not this bill.
  It is important for Members to know that H.R. 658 is a different FAA 
reauthorization bill from the bipartisan legislation that my colleagues 
and I worked together on and that passed the House three times during 
the 110th and 111th Congresses. That legislation would have created 
jobs, improved aviation safety, and provided the FAA with the resources 
necessary to modernize airport and air traffic control infrastructure. 
However, while some aspects of H.R. 658 were in prior House-passed 
bills and reflect some of my priorities, there are many troubling 
omissions and newly added provisions in the bill that are unacceptable.
  I think we all agree that we must make every effort to be fiscally 
responsible and cut Federal spending where it makes sense given the 
size of the deficit. At the same time, we also have a responsibility to 
the American people to keep our aviation system safe and secure, to 
make needed improvements to our infrastructure, to strengthen the 
economy, to create jobs, and to remain competitive. However, I share 
the concerns of those in the industry that this legislation includes 
funding cuts that will affect safety and put the flying public at risk, 
devastate the FAA's Next Generation Air Transportation System air 
traffic control modernization effort, and ignore the need to strengthen 
our economy by creating jobs.
  On the jobs issue, let me make it clear. Mr. Rahall said it and I'll 
say it again: This bill does not create jobs. Instead, it cuts, 
roughly, $2 billion over the next 4 years in the FAA's Airport 
Improvement Program. The AIP provides funding to airports across the 
country for infrastructure projects, such as runways and air traffic 
control towers, and these projects create well-paying construction 
jobs. A $2 billion decrease in funding in this bill means about 70,000 
jobs will be lost. I will repeat that: 70,000 jobs will be lost because 
of the $2 billion cut in AIP funds. In fact, it leaves so little AIP 
discretionary funding available that even the most important projects, 
such as completing runway safety areas by the congressionally mandated 
deadline, cannot be funded.
  Second, my Republican colleagues argue that H.R. 658 directs the FAA 
to prioritize and to protect safety-related activities within the 
bill's reduced funding levels. That sounds great, but all the evidence 
suggests that it can't be done.
  In February, the House Aviation Subcommittee held an FAA 
reauthorization hearing to listen to the aviation industry's 
stakeholders. The unified message from the industry was loud and clear: 
Congress cannot roll back FAA funding to 2008 levels without harming 
safety programs or hampering the industry. President Bush's former FAA 
administrator, Marion Blakey, stated, ``The prospect is really 
devastating to jobs and to our future if we really have to roll back to 
2008 levels and stop NextGen in its tracks.''
  A jobs bill? I don't think so--and neither does the person who ran 
the FAA under the Bush administration.
  The FAA is primarily a safety agency, and virtually all of its 
activities are safety-related. This Congress and the American people 
need to know that, if we arbitrarily cut $1 billion a year out of the 
FAA's budget, it absolutely will affect safety. The agency will not do 
more with less. It will be forced to do less with less, and cuts to 
these funding levels will have serious consequences.
  According to the FAA, the funding reductions in this bill will cause 
the agency to furlough the aviation safety workforce by hundreds of 
employees. Fewer safety inspectors, engineers, and support personnel 
will adversely impact air traffic services, aviation safety 
certifications and the implementation of NextGen, which will end up 
costing the taxpayers more in the long run and cause our aviation 
industry to be less competitive globally.
  In addition, a reduction in the workforce will likely mean the delay 
of important safety regulations, such as those mandated by Congress in 
the new aviation safety law that was enacted last year in a bipartisan 
vote in response to the Colgan Flight 3407 tragedy in Buffalo, New 
York. Further, this legislation will force important safety-related 
airport improvement projects to be delayed or abandoned, such as 
wildlife hazard assessment. These types of assessments would help 
airports mitigate hazards like the one that brought down U.S. Airways 
Flight 1549 in 2009 in which Captain Sullenberger and First Officer 
Skiles were forced to land in the Hudson River because a flock of geese 
damaged the plane's engines.
  As Mr. Rahall indicated, just last week, two planes landed safely, 
without clearance, at Washington National Airport because, reportedly, 
a single person in charge at the control tower apparently fell asleep. 
While investigations are ongoing, we have certainly seen accidents in 
the past where air traffic control staffing and fatigue were a factor, 
such as in the August

[[Page 4848]]

2006 crash of Comair Flight 5191 in Lexington, Kentucky.
  I applaud Secretary LaHood's decision to reevaluate staffing needs 
throughout the country. Congress will also need to closely examine air 
traffic control staffing and fatigue going forward; but this incident 
should make it clear: Now is not the time to arbitrarily cut almost $4 
billion from FAA programs and argue that the agency can do more with 
less without compromising safety.
  I know Mr. Rahall and others have talked about a provision in the 
legislation that I believe, too, is a ``poison pill.'' I will not go 
into all of the details as we will have an amendment later; but let me 
just say that the LaTourette-Costello amendment, I hope, will be 
supported by the Members of this body. It is a ``poison pill'' 
provision, section 903 in this legislation, that is certain to hold the 
legislation up in the Senate. There is no way that I see the Senate 
will act on that provision, and the White House, of course, has already 
issued a statement saying that the President will receive 
recommendations from his advisers to veto the bill.

                              {time}  1530

  If we are serious about passing a long-term FAA bill, this provision 
must come out. If it remains in the bill, it will be rejected by the 
Senate and the White House.
  Madam Chair, I will again say--and I have said many times before--I 
will work with my colleagues across the aisle to produce a fair bill 
that cannot only pass the House but also pass the Senate and be signed 
into law by the President. H.R. 658 in its current form will not pass 
the Senate or be signed into law by the President and will require 
significant changes before it's enacted.
  Finally, Madam Chair, let me address a couple of comments that my 
friend the chairman of the full committee led off with in his remarks. 
He indicated that the Democrats when we were in charge for all of these 
years and we weren't able to pass legislation, we had to have 17 
extensions. I would remind my friend that both in 2007, 2009, and in 
2010 we passed bipartisan legislation to reauthorize the FAA. It was 
our friends in the Senate, in fairness, that held the legislation up. 
It took them 3 years to pass an FAA reauthorization bill, and in fact, 
as my friend from Florida will remember, it was the two Senators from 
Tennessee that held the bill up in the Senate, and it was two issues 
that were held up in the Senate, and those issues involved both PFCs 
and DCA, the number of slots at Washington Reagan National airport.
  Madam Chair, I urge my colleagues to vote ``no'' on H.R. 658, the FAA 
Reauthorization and Reform Act, and hope that after we reject this bill 
we can go back and get a bill that accomplishes what we set out to do 
in the legislation, the bipartisan legislation that we passed last 
year.
  Mr. MICA. Madam Chair, can I inquire as to the amount of time 
remaining on each side?
  The CHAIR. The gentleman from Florida has 5\1/2\ minutes remaining. 
The gentleman from West Virginia has 4 minutes remaining.
  Mr. MICA. Madam Chair, I would ask unanimous consent to yield 2\1/2\ 
minutes of my time to the gentleman from Pennsylvania and allow him to 
control it for the purpose of a colloquy.
  The CHAIR. Without objection, the gentleman from Pennsylvania will 
control the time, 2\1/2\ minutes.
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, as you know the EAS program was 
established to ensure that smaller communities across the country, 
including those in my congressional district, retain a link to the 
national air transportation system. I also understand that we have a 
severely constrained Federal budget, and I agree with the chairman that 
we must do more with less and we need to ensure that Federal programs 
actually make sense.
  As a member of the committee, I look forward to working with the 
chairman to get this long overdue FAA bill to the President's desk for 
signature, and I look forward to working with the chairman to make the 
needed changes to the EAS program.
  I would now yield 30 seconds to the gentleman from Pennsylvania (Mr. 
Thompson).
  Mr. THOMPSON of Pennsylvania. Essential Air Service assists over 140 
communities throughout the United States. EAS, Essential Air Service, 
works.
  Let me talk about two airports, real quick. Williamsport, 
Pennsylvania. It was on EAS. It needed it to get their deployments up, 
and frankly, what's happened, it's been successful. It's now off of 
EAS. The program works. These folks are now operating without that.
  Dubois, Pennsylvania. Their deployments are growing at this point, 
and they are on the right track. The EAS is serving the correct purpose 
of what it has. If EAS stops and ends, here is what ends in Dubois, 
Pennsylvania: private sector jobs totaling $9 million in payroll and 
$28.8 million in economic activity.
  I just do my best to encourage the support of the Essential Air 
Service. I do think it's very important for rural America.
  Mr. Chair, the Essential Air Service Program (EAS) assists 140 rural 
communities across the country that otherwise would not have scheduled 
air service.
  As a long-time proponent of the program, I believe Congress has an 
obligation to provide a level playing field for rural Americans when it 
comes to transportation and the economic opportunities that the 
national transportation system provides.
  Opponents of the program claim that it is wasteful or that it does 
not work. Well, I disagree with them on several accounts.
  Pennsylvania along with the rest of the country had suffered from 
severe downsizing of connecting airports, followed by the unfortunate 
impacts of the current recession. Despite these factors, the 
Commonwealth is beginning to see increased economic output as a result 
of the Marcellus Shale natural gas play. The Marcellus has the 
potential to revitalize industry and ancillary businesses throughout 
the region, resulting in amplified air service. In other regions of the 
country the economic climate is also beginning to pick up.
  A prime success story of the EAS program has been the Williamsport-
Lycoming County Airport, which first entered into the program in 2008. 
Today, the airport is no longer participating in the program because of 
increased economic output in the region and the availability of flights 
that make sense for business travelers. This is largely a direct result 
in the community investment in the EAS program, which has lifted them 
out of the program. Today, their direct flight to Houston, Texas lends 
ancillary support to the emerging natural gas industry in Pennsylvania.
  Another pending success story in Pennsylvania's 5th congressional 
district is the Dubois Regional Airport. Dubois Regional has greatly 
benefitted from the EAS program and as a direct result of the air 
service, the airport is responsible for contributing to the local 
workforce with 132 jobs and a payroll of over $9 million, which creates 
a total economic benefit of over $28 million to the region and state.
  Mr. Chair, these stories are not unusual. These stories are 
replicated throughout the communities the EAS Program serves.
  Let me put it this way; there is not an airport in America that does 
not receive some sort of federal assistance for operations or capital 
improvements. Why should this be any different for our rural 
communities?
  The program is not perfect. I believe we need to insert into the law 
incentives which allow for more community involvement. But, Mr. Chair, 
I cannot in good faith support a sunset of the program as included in 
H.R. 658.
  As the legislative process moves forward, I will join with those 
members who share my belief that this program works in weighing in with 
the conferees, to ensure the language which sunsets the program is not 
included in the final product of the FAA authorization.
  Mr. SHUSTER. I agree with the gentleman.
  I yield 30 seconds to the gentleman from North Dakota (Mr. Berg).
  Mr. BERG. This bill will ensure the much-needed long-term stability 
and development of our Nation's aviation infrastructure. However, I am 
incredibly concerned about the provision in this bill that would phase 
out Essential Air Service. EAS is critical to large States like my own. 
Rural regions rely on EAS for vital air transportation. In North 
Dakota, airports like Jamestown and Devil's Lake would not be able to

[[Page 4849]]

provide critical air service without this support.
  I've spoken with Chairman Mica, and I understand the need for the 
process to keep moving forward with this bill. This bill contains many 
good provisions that I support. I also know how vital rural access to 
essential aviation is. So I would ask the gentlemen from Florida and 
Pennsylvania if they'd commit to working with me and other Members to 
support the EAS program.
  Mr. SHUSTER. I thank the gentleman from North Dakota.
  I yield 30 seconds to the gentlelady from South Dakota (Mrs. Noem).
  Mrs. NOEM. I thank the gentleman for yielding.
  Madam Chair, we have spent the last 3 months debating the need to get 
spending under control, and it's a good thing. That's why my 
constituents sent me here, and that's what I plan to continue to do.
  But we also need to remember that we need to look to get spending 
under control and help our economy and create jobs. A large part of 
that is providing certainty for the American people, and like many of 
my colleagues, I represent the rural parts of America. Many of them are 
concerned with the uncertainty that removing this program, Essential 
Air Service, too quickly would bring. Many of the communities in rural 
America, including those in South Dakota, that rely on this program use 
it as an economic development tool. They understand that they won't be 
using EAS forever.
  But I'm concerned, Madam Chair, that we may not be providing them 
with the time that they need to plan under this bill. This issue 
deserves additional consideration. I hope that as we move forward with 
conference conversations with our Senate colleagues that this is given 
much more careful consideration, and I look forward to working on it 
with them.
  Mr. SHUSTER. I thank the gentlelady from South Dakota.
  I look forward to working with the chairman, the gentlelady from 
South Dakota, and the gentlemen from Pennsylvania and North Dakota as 
the bill moves forward on EAS.
  Mr. RAHALL. Madam Chair, I would defer to the Committee on Ways and 
Means.
  Mr. BLUMENAUER. I would claim the time for Ways and Means.
  The CHAIR. The gentleman from Oregon is recognized for 5 minutes.
  Mr. BLUMENAUER. Madam Chairman, I yield myself such time as I may 
consume.
  I have appreciated the debate here on the floor talking about the 
essential services that are included in the FAA reauthorization, but 
sadly, some of the consequences are for significant cuts in vital 
services--I hear some of my friends talking about Essential Air 
Service. It impacts my State. We're looking at significant reduction in 
airport construction, and as we've heard, it would stop NextGen, as the 
former administrator under the Bush administration was quoted as 
saying, ``in its tracks.'' But Madam Chairman, it doesn't need to be 
this way. We can, in fact, respect the concerns about not adding to the 
deficit without shortchanging these essential programs.
  Our friends in the Senate, have provided one of those rare occasions 
where the other body has shown us the way. They have passed in the last 
year, with 93 votes last year and 87-8 votes already in this session, a 
reauthorization that actually adds revenues, but not general taxes, but 
there's been an agreement that has reached overwhelming consensus. You 
don't get 87 votes out of the other body for raising revenue unless 
there's broad acceptance with the industry, with those who are 
regulated and those who are concerned about preserving these essential 
services. There's an agreement within a broad swath of the industry to 
increase the fuel tax, a user fee for the people who benefit.
  Another critical area that the bill is silent on, and in fact we 
haven't adjusted for 10 years, is the ceiling on the passenger facility 
charge. This isn't even a tax that Congress imposes. It is simply an 
authorization for what local authorities can decide makes sense for 
their vital programs.
  Madam Chair, we don't have to choose between tens of thousands of 
jobs lost, putting the traveling public at risk, delaying essential 
efficiency improvements, and cuts to vital programs or increasing the 
deficit. We can simply move forward with simple, commonsense, broadly 
agreed upon proposals to adjust revenues to have the flexibility, to 
make the investment that's going to make a difference for years to 
come, and make the difficult job of the chair and the ranking member 
and the two subcommittees, to make that difficult job much easier.

                              {time}  1540

  I reserve the balance of my time.
  Mr. MICA. Madam Chairman, I am pleased to yield 3 minutes to the very 
distinguished gentleman from Tennessee (Mr. Duncan), the chair of the 
Highways Subcommittee of the Transportation and Infrastructure 
Committee.
  Mr. DUNCAN of Tennessee. I thank the gentleman from Florida for 
yielding me this time.
  I rise in support of this bill and commend Chairman Mica and Chairman 
Petri because, as a former chair of the Aviation Subcommittee, I know 
how difficult it is to bring all the competing interests together to 
produce a bill such as this.
  However, I would like to raise one issue that I still have some 
concerns about. It has been brought to my attention by a former 
outstanding Member of this body, Jim Coyne, a former Congressman from 
Pennsylvania who has been the long-time head of the National Air 
Transportation Association, that some airports are engaging in 
activities that compete with privately owned fixed-base operators. I 
did not file an amendment because the chairman has graciously agreed to 
hold a formal roundtable discussion about this matter and begin working 
to make sure that this does not become commonplace.
  I hope that this is not a trend that will continue because privately 
owned businesses should not have to compete with the government or 
quasi-governmental agencies, such as airport authorities, which do not 
pay taxes and are not subject to all of the rules and regulations that 
private businesses are.
  Each time there has been a White House Conference on Small Business--
and they have held one on average every 5 years since 1955--either the 
number one concern or one of the top three concerns at all these White 
House Conferences on Small Business has been freedom from government 
competition.
  Madam Chair, since the Eisenhower administration in 1955, it has been 
U.S. policy--or was supposed to have been--that ``government should not 
start or carry on any commercial activity to provide a service or 
product for its own use if such a product or service can be procured 
from private enterprise through ordinary business channels.'' So that 
is my concern, and we are going to continue working on that.
  I also want to mention a very commonsense amendment that will be 
filed later by Mr. Shuster on behalf of myself and Mr. Meehan, my two 
colleagues from Pennsylvania. This amendment that we will be filing 
does two very simple things: it states that the FAA should not use a 
one-size-fits-all approach when considering new regulations. It also 
requires the FAA to take into consideration the cost it is imposing on 
the private sector when issuing new regulations.
  This amendment simply codifies much of an executive order issued by 
President Obama on January 18 of this year. Quoting from the 
President's executive order, it said our regulatory system ``must be 
based on the best available science. It must allow for public 
participation and an open exchange of ideas. It must promote 
predictability and reduce uncertainty. It must identify and use the 
best, most innovative, and least burdensome tools for achieving 
regulatory ends. It must take into account benefits and costs, both 
quantitative and qualitative.''
  In addition, FAA Administrator Randy Babbitt has stated that a one-
size-fits-all approach to rulemaking can make aviation less safe. There 
are

[[Page 4850]]

different segments of the aviation industry that face very different 
challenges. I believe that by tailoring the regulations toward these 
different segments of the industry, we can make aviation safer by 
helping address the different challenges that different types of 
businesses face.
  Finally, I would like to say that I agree with the chairman about 
overstaffing with regard to our aviation regulation. I am amazed, Madam 
Chair, at how many Members and private citizens have expressed concerns 
about TSA overstaffing and have mentioned the lines of thousands 
standing around. The number of screeners has gone up, as I understand 
it, from 16,000 prior to 9/11 to 61,000 now. That is simply far, far 
too many; and that needs to be looked into. And I know the chairman 
intends to do that. I urge my colleagues to support this legislation.
  Mr. BLUMENAUER. Madam Chair, may I inquire as to the amount of time 
remaining for Ways and Means.
  The CHAIR. The gentleman from Oregon has 2 minutes remaining.
  Mr. BLUMENAUER. Madam Chair, I would ask unanimous consent that these 
2 minutes be assigned to the gentleman from West Virginia (Mr. Rahall).
  The CHAIR. Without objection, the gentleman from West Virginia will 
control the time.
  There was no objection.
  Mr. RAHALL. Madam Chair, I yield 2 minutes to the distinguished 
gentleman from Oregon (Mr. DeFazio), the lead Democrat on our Highways 
and Transit Subcommittee.
  Mr. DeFAZIO. Unfortunately, this legislation, under the guise of 
being fiscally prudent, is going to delay vital safety and capacity 
needs and enhancements to our aviation system, condemning future air 
travelers to even more congestion, more delays, more wasted fuel. It's 
going to cut an already inadequate inspection force--again, threatening 
safety. And then there are other provisions that are problematic.
  The gentleman from Arizona may ask for a vote on an amendment to 
change the very fair and competitive slot language for National Airport 
in the bill into an unfair earmarked anti-competitive amendment that 
would give potentially 70 percent of long distance flights out of 
National Airport to two airlines, about 50 percent to one airline. And 
he calls it competition. Now I don't know what planet he's from, but 
that's not competition where I come from, an underserved west coast 
market that has very few opportunities for my people to access National 
Airport.
  And then, finally, a labor provision that was thrown in rather 
gratuitously that says that anyone who chooses not to vote in an 
election will be counted as a ``no.'' The interesting thing is, if we 
had that same standard for elections to the United States House of 
Representatives, not one single Member now sitting would have won their 
election because it's not just the people who are registered to vote. 
It's anybody who is eligible to vote. And if they don't vote or don't 
register to vote, they count as a ``no.'' I mean, some people might be 
happy, there would be no House of Representatives. But at least the 
sitting Members would not be here. They want to apply that standard to 
representation for labor unions. That's incredibly unfair, 
shortsighted, and would overrule the National Labor Relations Board.
  Finally, Essential Air Service. We are supposed to have a system of 
universal air transport. It is critical to many small and developing 
communities, rural communities like I represent, to have a continuation 
of Essential Air Service.
  Mr. MICA. Madam Chairman, I understand that the Ways and Means 
Committee is in markup. I would like to ask unanimous consent to claim 
their time, I believe that is 5 minutes on our side, that the 
Transportation and Infrastructure majority be permitted to claim that 
time.
  The CHAIR. Without objection, the gentleman from Florida will control 
the 5 minutes allotted to the Ways and Means Committee.
  There was no objection.
  Mr. MICA. Madam Chairman, I am so pleased to yield 3 minutes to the 
distinguished gentleman from North Carolina (Mr. Coble), one of the 
senior members of the T&I Committee and a leader on the Judiciary 
Committee.
  Mr. COBLE. I thank the chairman for yielding.
  I rise in support of this bill, which is financially sound and with 
no tax or fee increases. Simply put, the measure is long overdue, and 
the aviation sector needs certainty. We need to finish the task at 
hand. The manager's amendment considered later today includes language 
that will provide clarity for musicians who travel with small 
instruments. And I'm not talking, Madam Chair, about stand-up basses or 
harps.
  Current policy varies from airline to airline as to what instruments 
are permitted onboard. The amendment strikes a delicate balance to 
ensure musicians can attain certainty and safety is ensured. I am 
appreciative to the gentleman from Florida (Mr. Mica) and the gentleman 
from West Virginia (Mr. Rahall) and to all staff who worked with me on 
this provision, and I thank them for its inclusion.
  I also support an amendment offered by the gentleman from 
Pennsylvania (Mr. Shuster) that will help FAA regulations conform to 
reasonableness and reality. This amendment requires the FAA to 
recognize distinctions between sectors of the aviation industry and 
tailor regulations to each sector's facts. It also conforms FAA 
rulemaking to a number of good-government principles, such as cost-
benefit analysis, use of the best available information, and 
consideration of regulatory impacts on the economy.
  Finally, later today there will likely be vigorous debate on recent 
action by the National Mediation Board on labor elections. Under 
previous guidelines, a majority of the eligible electorate must vote in 
favor of unionization. Under the new rules, this majority is defined by 
those who actually vote in elections. This action overturns precedent 
that has been in place for the past 70 years that worked well. This 
issue is about fairness to all parties and, in my opinion, the 
appropriate way forward is past policy, not those in place today.

                              {time}  1550

  Mr. RAHALL. Madam Chair, I yield 2 minutes to the gentleman from New 
York (Mr. Nadler), a distinguished member of our Committee on 
Transportation and Infrastructure.
  Mr. NADLER. Madam Chairman, this bill drastically cuts funding for 
FAA programs, threatening the development of the NextGen air traffic 
control system and requiring the furlough of hundreds of safety-related 
employees.
  The bill also would change the National Mediation Board's election 
rules. Airline and railroad workers would no longer vote for union 
representation by a majority of those voting but by a majority of all 
those eligible to vote. It would be extremely undemocratic to thus 
count votes not cast as ``no'' votes. No election in any free country 
does so. And I urge my colleagues to support the LaTourette-Costello 
amendment to strike this provision.
  I also oppose provisions in the manager's amendment providing 
liability immunity for the airlines and limitations on discovery. 
Section 336 would block access to safety-related data through discovery 
and would block use of such information in court. It is virtually 
unheard of for Congress to simply declare that broad categories of 
information cannot be obtained by a party to a lawsuit or even used as 
evidence in a legal proceeding.
  Section 337 provides immunity to airlines and their agents for any 
type of damage resulting from an event contemplated by a safety 
management system. These systems are designed to analyze virtually 
every kind of risk, so granting this immunity would make it virtually 
impossible to hold an airline or individual accountable for negligence 
causing almost any accident. This liability shield would deprive 
injured victims of their rights and would also preempt State tort law.
  We haven't held any hearings on this in the Transportation Committee 
or in the Judiciary Committee, which, frankly, has jurisdiction and the 
proper expertise with which to analyze such

[[Page 4851]]

grants of immunity, and we haven't heard any evidence to justify these 
dangerous restrictions.
  I find it hard to believe that anybody thinks that airlines should be 
allowed to act with negligence and be free from liability should you or 
I or any other American be injured or maimed or killed as a result of 
the negligence.
  For all these reasons, I must oppose the bill.
  However, I do want to thank Chairman Mica and Congressman Coble for 
including language in the manager's amendment to strengthen the 
provisions guaranteeing the right to carry or check musical instruments 
onto an airline. This is an issue I've worked on for many years, and I 
am very pleased to see it finally moving forward.
  I hope that we can continue to find areas of agreement, since passage 
of a long-term FAA authorization bill is long overdue. I look forward 
to working with my colleagues in that spirit. But until the funding 
levels are increased, the safety and worker provisions are in place, 
the poison pill provisions about union votes are removed, I cannot 
support this bill.
  Mr. MICA. Might I inquire as to how much time remains?
  The CHAIR. The gentleman from Florida has 3\1/2\ minutes remaining. 
The gentleman from West Virginia has 2 minutes remaining.
  Mr. MICA. I would like to reserve my time that I acquired on behalf 
of the Ways and Means Committee to close and, I believe, if it's 
appropriate, have the Science Committee, which I think is yielded 5 
minutes on each side, go forward prior to my close.
  Mr. HALL. I yield myself such time as I may consume.
  The CHAIR. The gentleman from Texas is recognized for 5 minutes.
  Mr. HALL. Madam Chair, I rise in strong support of H.R. 658, 
legislation reauthorizing the Federal Aviation Administration through 
fiscal year 2014.
  Title X of H.R. 658 reauthorizes the agency's research and 
development programs. It was drafted by the Committee on Science, 
Space, and Technology as H.R. 970, the Federal Aviation Research and 
Development Reauthorization Act of 2011. On March 17, the committee 
met, amended and approved H.R. 970. The rule accompanying H.R. 658 
fully incorporates the language from our amended bill into title X, 
which we support.
  With regard to funding, title X adheres to the same principles of the 
larger bill, providing authorization levels for the Research, 
Engineering and Development account at the fiscal year 2008 level for 
the fiscal years 2012 through 2014. For fiscal year 2011, the 
authorization is a hybrid of current spending under the continuing 
resolution and the FY 2008 level.
  Further, our bill authorizes spending for research and development 
activities that are funded through the agency's Facilities and 
Equipment and Airports accounts. None of our members relish cutting R&D 
funding, but members on our side of the aisle were passionate in their 
belief, as I am, that we must reduce Federal spending, and the FAA, 
like every other Federal agency, must bear some burden and some measure 
of burden.
  Research and development plays a critical role at FAA, providing the 
agency with the tools and technologies it needs to carry out a diverse 
set of missions. The largest R&D program currently underway supports 
development of a whole host of technologies required to ensure 
successful deployment of the Next Generation Air Transportation System.
  R&D also is fundamental to FAA's role in the safety of air travel, 
giving the agency the insight and data required to develop tools and 
policies guiding the introduction, use and the maintenance of new 
materials and systems incorporated in the modern jet aircraft.
  These technologies are necessary if we're to continue improving the 
national airspace system's safety, efficiency and security, especially 
considering the critical role now played by aviation in our Nation's 
economy and public safety.
  In addition, title X directs FAA to undertake research in a number of 
areas, including the safe operation of unmanned aircraft systems in the 
national airspace, research on runways and engineered material 
restraining systems, research on developing unleaded fuel for the use 
in general aviation piston engine aircraft and on the development and 
certification of jet fuel from alternative sources, and research on the 
effects of aviation on the environment.
  There are many other activities too numerous to mention here, but I 
did want to provide examples to Members of the broad sweep of FAA-
sponsored R&D.
  Finally, I understand Chairman Mica's amendment offered to the bill 
seeks to modify certain provisions while also adding a few. A specific 
provision amends existing law found in title 51 of the United States 
Code regarding the Office of Commercial Space Transportation. I support 
the goal of this language with the understanding that the inclusion of 
this language does not alter the jurisdiction of my committee on this 
issue and that the chairman of the Transportation and Infrastructure 
Committee will work with us to ensure this provision or similar 
provisions are preserved, they are preserved as we continue to move 
through the legislative process on H.R. 658, including any negotiations 
or conference with the other body.
  Madam Chair, in closing, I want to urge all Members to support this 
bill.
  I reserve the balance of my time.
  Ms. EDWARDS. Madam Chair, I yield myself such time as I may consume.
  The CHAIR. The gentlewoman from Maryland is recognized for 5 minutes.
  Ms. EDWARDS. The need for a long-term Federal Aviation 
Administration, FAA, reauthorization act is clear; but H.R. 658 
reauthorizes the FAA for 4 years, and the arbitrary spending cuts that 
our Republican colleagues have imposed on the agency in H.R. 658 will 
devastate FAA's ability to improve flying safety and to modernize the 
Nation's air traffic control system. For this reason, unfortunately, I 
cannot support the bill.
  H.R. 658 proposes a 23 percent--an unbelievable 23 percent--cut to 
FAA's research, engineering and development accounts from the funding 
levels enacted by Congress for fiscal year 2010. These cuts are not 
related in any way to a lack of need for the research. In fact, the 
committee, in multiple hearings, acknowledged the need for the 
research. The Congress heard expert testimony from witnesses who have 
stressed the importance of investing in both research and development 
and in the NextGen modernization initiative, and have warned of the 
negative impact that cuts will have on the Nation's air traffic control 
system and the flying public.
  To cut FAA's R&D efforts so drastically while we're trying to recover 
from a recession and while oil prices every day climb higher risks 
stifling this industry and the millions of jobs it supports.
  But I also want to be clear that the research and development work 
that is done at FAA helps to protect the safety of all the flying 
public. These cuts to aviation safety-related research have a high 
probability of reducing the safety of our air transformation system. 
These effects may not be felt today or tomorrow, but they will be felt, 
and they will have serious consequences for the flying public.
  Madam Chair, Democratic members of the committee attempted to prevent 
the cuts to three key safety research initiatives at our committee's 
markup of H.R. 970. These amendments, if adopted, would have increased 
the 4-year authorization amount by a total of $16 million, or less than 
3 percent of the $600 million authorization in the bill--a small amount 
for such a huge payoff.

                              {time}  1600

  As noted in the committee markup, these costs really pale in 
comparison to even a single major aircraft accident both in terms of 
money and the horrible loss of life. Unfortunately, our Republican 
colleagues voted to reject each of these key safety amendments and 
research amendments that go to safety. And the choice couldn't be more 
clear. Our colleagues chose to make

[[Page 4852]]

the flying public less safe in order to meet a very arbitrary goal for 
cutting Federal spending.
  I share our colleagues' concern about the Nation's deficit, but we 
reject any notion that addressing the Nation's deficit requires us to 
make our Nation's transportation system less safe.
  As we move forward in the negotiations with the Senate over a final 
FAA reauthorization, I remain committed to ensuring the safety of our 
Nation's air transportation system and hope that our Republican 
colleagues will join in this effort.
  In conclusion, I would like to speak to a measure in the provision of 
the underlying bill that has me greatly troubled, and that has to do 
with union elections. It is staggering to me that we have decided that 
we are going to count not voting as a ``no'' vote.
  I just took a look at the winning numbers for our leadership. Our 
Speaker was elected in 2010 with 142,700 votes. His opponents and those 
who weren't registered totaled 482,170 votes. If we had used this same 
theory, this same strategy for our own elections and for the election 
of Speaker Boehner, he would have lost that election by 339,000 votes. 
And that goes for each of us. And perhaps the public wants that. Maybe 
we should all be counting nonvoting as ``no'' votes, and then we could 
completely change this House of Representatives. But that is not the 
way we run elections, and that is not the way we should run union 
elections. So it is unfortunate that the majority has decided to put 
this poison pill into the underlying legislation that makes it 
unsupportable on this side of the aisle.
  With that, I would ask unanimous consent to yield the balance of my 
time to the ranking member on Transportation and Infrastructure, the 
gentleman from West Virginia (Mr. Rahall).
  The Acting CHAIR (Mr. Bass of New Hampshire). Is there objection to 
the request of the gentlewoman from Maryland?
  There was no objection.
  Ms. EDWARDS. And how much time remains?
  The Acting CHAIR. There is 30 seconds remaining for the gentlewoman 
from Maryland.
  Mr. HALL. Mr. Chairman, I yield to the gentleman from Mississippi 
(Mr. Palazzo) such time as he may consume.
  The Acting CHAIR. The gentleman is recognized for 1 minute.
  Mr. PALAZZO. Mr. Chairman, I rise to join Mr. Hall, chairman of the 
House Science, Space, and Technology Committee, to urge all Members to 
support passage of H.R. 658, the FAA Reauthorization and Reform Act of 
2011. This is a good and balanced bill that will help advance important 
modernization of safety programs at the FAA, and do so in a fiscally 
responsible manner.
  The Space and Aeronautics Subcommittee, which I chair, held an 
oversight hearing on February 16 that focused on FAA's research and 
development activities. Witnesses from FAA, industry, an external 
advisory panel to FAA, and the DOT Inspector General spoke in general 
agreement about the importance of FAA's research and development 
portfolio, with the non-agency witnesses also offering constructive 
suggestions for improvement.
  Of chief importance to the agency and industry is development and 
implementation of the Next Generation Air Transportation System 
program. NextGen will modernize our Nation's air traffic control 
system, increasing its capacity, safety, security, and efficiency. But 
this ambitious program will not succeed without a well structured, well 
managed research and development program that will deliver appropriate 
technologies when and where they are required.
  To offer a few examples, currently there is NextGen-related research 
focused on increasing our weather prediction capability, research to 
better understand human factors in a highly automated environment, wake 
turbulence prediction, and research on aircraft technologies.
  What we are asking FAA to do is to prioritize and make choices. Most 
folks in Washington and at home acknowledge that we cannot afford 
business as usual by routinely increasing Federal spending year after 
year. This bill is a responsible approach to pushing the FAA forward, 
but doing so wisely.
  Mr. Chair, I rise to join with Mr. Hall, Chairman of the House 
Science, Space, and Technology Committee, to urge all Members to 
support passage of H.R. 658, the FAA Reauthorization and Reform Act of 
2011. This is a good and balanced bill that will help advance important 
modernization and safety programs at the FAA, and to do so in a 
fiscally responsible manner.
  The Space and Aeronautics Subcommittee, which I chair, held an 
oversight hearing on February 16 that focused on FAA's research and 
development activities. Witnesses from FAA, industry, an external 
advisory panel to FAA, and the DOT Inspector General spoke in general 
agreement about the importance of FAA's research and development 
portfolio, with the non-agency witnesses also offering constructive 
suggestions for improvement.
  Of chief importance to the agency and industry is development and 
implementation of the Next Generation Air Transportation System 
program. NextGen will modernize our nation's air traffic control 
system, increasing its capacity, safety, security, and efficiency, but 
this ambitious program will not succeed without a well-structured, 
well-managed research and development program that will deliver 
appropriate technologies when and where they're required. To offer a 
few examples, currently there is NextGen-related research focused on 
increasing our weather prediction capability; research to better 
understand human factors in a highly automated environment; wake 
turbulence prediction; and research on aircraft technologies. 
Ultimately, tens of billions of dollars are at stake both by government 
and industry if we're to enable the full realization of NextGen, and 
ensure its success the agency needs a strong R&D program.
  Title X of H.R. 658 also supports FAA's traditional safety research, 
and it directs the agency--in coordination with NASA--to assess the 
environmental impact of aviation. To be clear, the environmental 
research will help FAA better measure the effects of aviation, and 
where warranted, to develop technologies to mitigate them. For example, 
using biomass-based feedstock to develop jet fuel. But just as 
importantly, an environmental assessment will also give industry a 
baseline against which progress on impacts can be measured, which is a 
metric we do not have today.
  There are some Members who may argue that this bill is 
counterproductive because it reduces FAA's authorization levels, 
asserting, for instance, that it imperils public safety by eliminating 
safety-related research. To those who raise such claims, I respectfully 
disagree. In this bill, we're not eliminating any program. What we are 
asking FAA to do is to prioritize and make choices. Most folks in 
Washington and at home acknowledge that we cannot afford `business as 
usual' by routinely increasing federal spending year after year. This 
bill is a responsible approach to pushing the FAA forward, but doing so 
wisely.
  The Acting CHAIR. All time has expired for the Committee on Science, 
Space, and Technology.
  Mr. RAHALL. Mr. Chairman, how much time is remaining?
  The Acting CHAIR. The gentleman from West Virginia has 2\1/2\ minutes 
remaining, and the gentleman from Florida has 3\1/2\ minutes.
  Mr. RAHALL. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. Let me applaud the work of this committee, 
and particularly Mr. Rahall and Mr. Costello, whom we work very closely 
with. I serve as a ranking member on the Transportation Security 
Committee, and I can't imagine a more perfect fit than the question of 
safety and security for our traveling public, and I thank the chairman 
of the full committee and others associated with this legislation, 
however disappointed I am in having to come to the floor and raise 
questions about our next steps. And I am particularly devastated about 
the cuts in the FAA's Next Generation Air Traffic System, the NextGen.
  Whenever you think of air traffic controllers, I want you to think of 
them as first responders, of which I will discuss in an amendment that 
I have regarding the issue of ensuring the kind of staffing needs 
necessary to engage in security. But further, since I have one of the 
largest airports in the country, Bush Intercontinental Airport, of 
which we were proud to name, I am disappointed that the FAA Improvement 
Program has been cut and, therefore, construction improving runways, 
taxiways, terminals. There's one

[[Page 4853]]

thing about getting up and getting in the air and having that beautiful 
feeling. But what about coming down and not being able to work?
  The Acting CHAIR. The time of the gentlewoman has expired.
  Mr. RAHALL. I yield an additional 15 seconds.
  Ms. JACKSON LEE of Texas. And let me say I am disappointed that we 
would have a Shuster amendment that would really put a dent in the 
pilot fatigue rulemaking. That is very important. And then of course 
the issue dealing with the Costello-LaTourette amendment, which I 
support. How can you win by 70,000, then you count the people who 
didn't vote, and you lose by 150,000? Let's be fair. Let's have a bill 
that responds to the needs of all.
  Mr. RAHALL. I yield myself the balance of my time.
  Mr. Chairman, I really appreciate the sincere efforts of the chairman 
of my committee Mr. Mica, the subcommittee chairman Mr. Petri, and our 
ranking Democrat on the subcommittee, Mr. Costello.
  There have been serious efforts to work in a bipartisan way, but I 
fully realize that on the majority's side a lot of these decisions, a 
lot of these funding levels are not necessarily made by the chairman of 
the full committee and the chairman of the subcommittee, but rather by 
other forces that are out there on the majority's side. I also 
recognize that a lot of these decisions are made at levels higher than 
the chairman's, at levels higher than even that at which airplanes fly. 
So this is not all necessarily the chairman's fault.
  I think it would be fair to warn the body that the administration has 
issued their position on this legislation. And they say that if the 
funding were appropriated at the levels proposed in the bill, the safe 
and efficient movement of air traffic, on the ground and in the air, 
would be degraded today and in the future.
  And, more importantly, the administration has reiterated its 
opposition to the poison pill labor provisions in this bill, and has 
said if the President is presented with a bill that would not safeguard 
the ability of railroad and airline workers to decide whether or not 
they would be represented by a union based upon a majority of the 
ballots cast in election, or that would degrade safe and efficient air 
travel, his senior advisers would recommend that he veto the bill.
  Mr. Chairman, I urge that the House do not accept this bill. We have 
even further degrading amendments to safety that will come later in the 
amendment process that I want to reference very quickly at this point, 
including one that would allow more flyovers at sports events.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. MICA. I yield the gentleman an additional 15 seconds.
  Mr. RAHALL. I appreciate it. Thank you, Mr. Chairman.
  This would go against a ban instituted after 9/11 that prohibited 
flyovers at sports events for safety reasons. So that comes later on in 
the amendment process. I think it just shows the threats that we are 
posing to the safety of the air traveling public if this bill were to 
pass as it is. I urge its opposition.
  Mr. MICA. Mr. Chairman, as we close debate on the long overdue FAA 
reauthorization, first I have to thank my copartner in this, the 
gentleman from West Virginia (Mr. Rahall). He is a gentleman. It is 
great to work with him. I have to thank also Mr. Petri, the chair of 
the Aviation Subcommittee, he and Mr. Costello, two gentlemen who have 
worked hard to bring the bill to this point. It has been a struggle for 
4 years, and now, to get here. But I am pleased that we are at this 
point. There are differences of opinion about the bill.
  I have to take a moment to thank staff on both sides. They are great, 
and have been working together to get us to this point. And we will 
debate the amendments and the differences, and then we will hopefully 
pass this and get people working and get our aviation policies secure 
for the Nation.

                              {time}  1610

  I have to thank Mr. Hall, the chairman of the Science and Technology 
Committee, for his provisions to make certain that research in aviation 
is done. Mr. Camp brought a proposal here from Ways and Means that 
doesn't raise taxes, that doesn't increase fees. There are no passenger 
facility increases. So those kinds of things.
  We brought a bill. It does have $59 billion over 4 years--this isn't 
small potatoes--and it can, if properly expended and wisely applied, 
can do well for the Nation, ensuring safety in programs that are so 
important and moving jobs that are so critical. 9.3 percent of our 
economy depends on this legislation.
  The colloquy between Mr. Shuster and the gentlelady from South Dakota 
(Mrs. Noem) and the gentleman from North Dakota (Mr. Berg) and the 
gentleman from Pennsylvania (Mr. Thompson) on Essential Air Service, I 
understand their concerns and their great advocacy for their 
constituents and making certain that service is there. We do have a 
sunset provision. We will work with them and we will do our best. But I 
agreed to work with them, and I reconfirm that here.
  Finally, letters of support. You heard the other side state that 
nobody supports this. I have a list of 45 major associations, every 
major organization in the aviation industry, and I will submit that for 
the record. On the question of AIA support, I have a letter of support 
from Marion Blakey, showing their support of this legislation.
  In conclusion, we are doing here something that needs to be done. 
This is very important. It has been left aside. Seventeen extensions. 
When the other side, of course, had huge majorities, they could have 
done this almost by unanimous consent with the President.
  Now, the President threatened to veto this. I am not going to say, 
``Make my day,'' but I want to say that this is a fair provision, fair 
to everyone in labor, fair to everyone who wants to join a labor union, 
to keep 70 years of law that has been on the books and not change it 
because you have jerry-rigged the membership of the National Mediation 
Board. So let's be fair, fair going in and fair coming out. This 
provision that we have in the bill creates fairness.

 Broad Support for H.R. 658--FAA Reauthorization and Reform Act of 2011

       Aerospace Industries Association (AIA); General Aviation 
     Manufacturers Association (GAMA); Air Transport Association 
     (ATA); Experimental Aircraft Association (EAA); International 
     Association of Fire Chiefs; Air Medical Operators Association 
     (AMOA); Association of Air Medical Services (AAMS); 
     Aeronautical Repair Station Association (ARSA); U.S. Chamber 
     of Commerce; Cargo Airline Association (CAA); National 
     Business Aviation Association (NBAA); National Air Transport 
     Association (NATA); National Air Carrier Association (NACA); 
     Association of Unmanned Vehicle Systems International 
     (AUVSI); Alliance for Worker Freedom; AdvaMed; Airforwarders 
     Association; Association of Home Appliance Manufacturers; 
     AT&T Boston Scientific; Consumer Electronics Association.; 
     Consumer Electronics Retailers Coalition; CTIA--The Wireless 
     Association.
       Dangerous Goods Advisory Council; DHL; Express Association 
     of America; FedEx Corporation; Garmin; Hewlett-Packard; 
     International Air Transport Association (IATA); Information 
     Technology Industry Council; Johnson Controls; Motorola 
     Mobility; Motorola Solutions; National Association of 
     Manufacturers; National Electrical Manufacturers Association; 
     National Retail Federation; Power Tool Institute; PRBA--The 
     Rechargeable Battery Association; Retail Industry Leaders 
     Association; Samsung SDI; Security Industry Association; 
     Sony; UPS; The International Air Cargo Association.


                             Aerospace Industries Association,

                                 Arlington, VA, February 16, 2011.
     Hon. John L. Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives.
     Hon. Nick J. Rahall,
     Ranking Member, Committee on Transportation and 
         Infrastructure, House of Representatives.
       Chairman Mica, and Ranking Member Rahall; I write today to 
     express the Aerospace Industries Association's (AIA) support 
     for the Federal Aviation Administration (FAA) Reauthorization 
     and Reform Act of 2011 (H.R. 658), as introduced by the House 
     Transportation and Infrastructure Aviation Subcommittee 
     February 11, 2011.
       During my February 9 testimony, I outlined a number of 
     initiatives the FAA may undertake to reduce duplicative 
     efforts, measure the effectiveness of existing processes, and 
     capitalize on the experience and efficiency of the private 
     sector. These efficiencies are paramount to ensuring the

[[Page 4854]]

     FAA's ability to maintain the highest level of safety, 
     provide oversight responsibilities without delaying 
     manufacturers' ability to compete internationally, and 
     aggressively advance the Next Generation Air Transportation 
     System (NextGen).
       AIA is pleased with the Committee's decision to address key 
     policies such as environmental streamlining, third party 
     performance based navigation procedure design, and the 
     establishment of NextGen performance metrics. Further, the 
     Committee's acknowledgement of the benefits of bilateral 
     aviation safety agreements and a risk based inspection regime 
     when applied to repair station oversight cannot be 
     overstated. These carefully negotiated agreements increase 
     FAA's efficiency, enhance FAA's international safety 
     oversight and help protect U.S. jobs.
       FAA is the global gold standard for aviation safety and 
     standards. U.S. civil aviation manufacturers are the world 
     leaders in advanced aerospace technology, innovative 
     satellite-based procedures and airspace design. The policies 
     outlined in H.R. 658 permit the FAA to not only pursue 
     efficiencies for the flying public but also protect the 
     investment of the American taxpayer.
       If AIA can provide any technical assistance or answer any 
     questions, please do not hesitate to call me directly.
           Sincerely,
     Marion C. Blakey.
                                  ____

                                                  General Aviation


                                    Manufacturers Association,

                                                   Washington, DC.

     Statement of Pete Bunce on Introduction of H.R. 658, the FAA 
                 Reauthorization and Reform Act of 2011

       We welcome the leadership of Chairmen Mica and Petri in 
     developing and introducing this legislation and look forward 
     to working with them and ranking members Rahall and Costello 
     on its passage. There have been far too many delays in 
     reauthorizing the programs of the FAA and we hope that timely 
     action will continue. H.R. 658 contains many provisions 
     important to general aviation manufacturers including:
       (1) strengthening the ability of FAA to implement the 
     procedures, policies, and technology necessary for the 
     success of NextGen;
       (2) enhancing repair station safety oversight through a 
     risk-based approach and leveraging safety resources 
     efficiently;
       (3) supporting a critical safety agreement between the U.S. 
     and Europe;
       (4) reviewing and reforming existing FAA certification 
     processes to streamline and make more efficient the current 
     system without compromising safety; and
       (5) establishing an FAA-industry group to ensure consistent 
     interpretation of regulations and effective communication 
     about potential changes.
       We look forward to continuing to work with all members of 
     Congress to ensure that the funding levels in the bill will 
     support critical NextGen investments and the certification 
     resources necessary to create jobs in this country and 
     maintain our global competitiveness.
                                  ____

                                               Chamber of Commerce


                              of the United States of America,

                                   Washington, DC, March 31, 2011.
       To The Members of the U.S. House of Representatives: The 
     U.S. Chamber of Commerce, the world's largest business 
     federation representing the interests of more than three 
     million businesses and organizations of every size, sector, 
     and region, urges Congress to reauthorize federal aviation 
     programs. H.R. 658, the ``Federal Aviation Administration 
     (FAA) Reauthorization and Reform Act of 2011'' is an 
     important step toward achieving this goal. The Chamber 
     strongly supports several provisions of H.R. 658 and 
     provisions expected to be included in the manager's 
     amendment. However, the Chamber strongly opposes amendments 
     that have been filed regarding lithium-ion batteries and 
     repeal a National Mediation Board rule and supports an 
     amendment to improve the FAA rulemaking process.
       Improving and modernizing the air traffic control system, 
     which is at the heart of America's aviation woes, must be a 
     national priority. The U.S. aviation system must transform to 
     meet the expected 36 percent increase in fliers by 2015 by 
     expediting air traffic control modernization and providing 
     the necessary investment to increase national aviation system 
     capacity. Moreover, investment in America's transportation 
     system is important to U.S. productivity and economic 
     competitiveness in the long run, and investment in 
     transportation infrastructure supports jobs in the near term.
       The Chamber supports several policy related provisions of 
     H.R. 658 and the manager's amendment that would:
       Strengthen the ability of FAA to implement the policies, 
     procedures and technologies needed to fully implement the 
     Next Generation Air Traffic Control system (NextGen).
       Assist the aviation community with aircraft equipage 
     necessary to move NextGen forward. Without ensuring that air 
     infrastructure--advanced technologies installed in aircraft, 
     commonly referred to as equipage--is aligned with ground 
     infrastructure, the benefits of NextGen cannot be realized 
     fully and the return on the investment in the air 
     transportation system will be delayed. Because of the 
     significant costs associated with aircraft equipage, 
     assistance is needed. According to the Air Transport 
     Association, the equipage cost for ADS-B could total between 
     $3.5 and $5 billion. For the aviation community to benefit 
     from these technologies, the FAA must implement more 
     efficient routings and changed procedures and provide federal 
     funding assistance to achieve implementation of such a 
     requirement.
       Preserve the effective and efficient Block Aircraft 
     Registration Request (BARR) program, which allows business 
     aircraft operators with privacy or security concerns for 
     their operations to request that Aircraft Situation Display 
     to Industry (ASDI) data provided to the Federal Aviation 
     Administration be blocked from public dissemination. These 
     requests are routinely honored, and FAA has provided no data 
     to demonstrate that changes to the BARR program are 
     necessary.
       With respect to funding levels, the Chamber strongly 
     supports provisions of the bill that would provide a robust 
     General Fund contribution to aviation programs. Historically, 
     the general fund has been used to pay for a significant 
     portion of the FAA's costs, which provides important public 
     interests including: national defense; emergency 
     preparedness; postal delivery; medical emergencies; and full 
     implementation of a national passenger and freight air 
     transportation system.
       However, the Chamber is concerned with overall reduced 
     funding levels in H.R. 658. Of particular concern are cuts to 
     the Airport Improvement Program. The Airport Improvement 
     Program is an important source of funding for capital 
     projects and contributes to safe, secure, and efficient 
     airport facilities. The proposed funding levels fall short of 
     the amounts needed to maintain, modernize and expand critical 
     aviation infrastructure. In addition, decreased funding for 
     this program would reduce jobs supported by these projects. 
     We urge Congress to address this important issue during the 
     conference.
       The Chamber is concerned with several amendments that may 
     be considered during floor debate of H.R. 658 related to:
       FAA Rulemaking: The Chamber strongly supports an amendment 
     filed by Rep. Shuster that would require FAA to consider 
     different industry segments in its rulemaking proceedings and 
     to perform comprehensive cost-benefit analyses. FAA practice 
     in certain rulemakings has been to overlook significant 
     operational differences within the industry and promulgate 
     rules that impose substantial costs without producing 
     commensurate benefits.
       National Mediation Board: The Chamber strongly opposes an 
     amendment filed by Rep. LaTourette that would remove Section 
     903 of H.R. 658. This section of the bill would repeal recent 
     revisions the National Mediation Board made to its 
     regulations concerning union organizing under the Railway 
     Labor Act. The National Mediation Board's revisions, which 
     were made at the request of the AFL-CIO, overturned more than 
     70 years of precedent and make it possible for a union to be 
     organized without the support of a majority of employees in 
     the craft or class. Strong policy arguments favor the time-
     tested rule jettisoned by the Board. Further, while the Board 
     has made it much easier to form a union it has not addressed 
     the double standard that makes it nearly impossible for 
     employees to decertify an unwanted union. In addition, the 
     regulatory process that led to the adoption of the rule was 
     little more than a sham. The Board majority not only excluded 
     the single minority member from deliberations over the rule, 
     but it censored her dissent. Furthermore, while the rule was 
     contentious enough to draw thousands of comments, the Board 
     did not change a single word of the proposed rule when it was 
     finalized. Simply put, the Board's regulatory process on this 
     process was egregiously flawed. Congress should not permit an 
     agency to set policy in such a manner.
       Lithium Ion batteries: The Chamber strongly opposes an 
     amendment by Rep. Filner, which would prevent harmonization 
     of federal regulations with international standards 
     concerning the shipment of lithium ion batteries. Provisions 
     of the manager's amendment would help ensure that U.S. 
     regulations governing air shipments of lithium batteries and 
     products containing them conform to international standards 
     established by the International Civil Aviation Organization. 
     Such harmonization would enhance safety and minimize the 
     harsh economic consequences and other burdens of complying 
     with multiple or inconsistent requirements for transporting 
     our products to and from the U.S.
       The Chamber urges Congress to approve a multi-year aviation 
     bill, and H.R. 658 is an important step towards achieving 
     this goal. The Chamber will consider including votes on or in 
     relation to the Filner, LaTourette and Shuster amendments in 
     our annual How They Voted Scorecard.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
                                               Government Affairs.

  Mr. PASCRELL. Mr. Chair, I come to the floor to speak about basic 
notions of fairness and democracy.

[[Page 4855]]

  As a former member of the House Transportation Committee, let me 
acknowledge that I understand the importance of a strong and robust FAA 
Reauthorization Bill. Historically, it has been our shared goal of 
modernizing our system, expanding capacity, and putting people to work. 
Unfortunately, by nickel and diming the system, the bill on the floor 
today falls short of achieving these important goals.
  Furthermore, today's bill contains a poison pill for those Americans 
working hard on our airways and railways that would change the method 
of counting votes in a union election.
  Last year, the National Mediation Board rightly decided that union 
elections for workers in the airline and rail industries would be 
counted just as we count every other vote, whether for President, 
Congress or even when voting on legislation here in the House of 
Representatives.
  It's simple: if you show up and vote ``yes,'' it's a yes. If you show 
up and vote ``no,'' it's a no.
  But this legislation would repeal the ruling of the NMB and count 
ghost votes, because if you do not show up, you're considered a ``no.''
  We cannot continue to attack hard working employees across this 
country for political purposes. I urge my colleagues to support the 
LaTourette/Costello Amendment to strike this misguided section of the 
bill and preserve fairness in union elections.
  I am also happy that my friend, Mr. LoBiondo's amendment for the 
NextGen Center of Excellence was agreed to. I have been with my 
colleague from south Jersey to the FAA Tech Center and know that it 
does a fantastic job. Supporting these employees also means providing 
the best training possible, which in turn will make our skies safer and 
the flow of commerce better.
  Finally, I would like to stand with the families of the victims of 
Flight 3407, and oppose the amendment from my friend Mr. Shuster. We 
need to stand behind the law we passed last year to improve safety 
standards, and continue to demand one strong level of safety for the 
entire aviation industry.
  Mr. DINGELL. Mr. Chair, I rise in opposition to H.R. 658 as it 
currently stands. While I support a long-term reauthorization of the 
Federal Aviation Administration, this bill is the wrong approach to 
doing so. I was extremely disappointed in the decision of my Republican 
colleagues to slash funding levels for the FAA by $4 billion over the 
next four years. These proposed cuts would jeopardize the Next 
Generation Air Transportation System air traffic control modernization 
efforts and devastate safety-sensitive programs.
  Worse yet, H.R. 658 slashes the FAA's Airport Improvement Program 
(AIP) by $2 billion through 2014. The AIP program is essential for 
airports to handle current traffic levels as well as build 
infrastructure to address future demand. Not only does it help airports 
build and improve runways, taxiways, and terminals, but it also helps 
airports mitigate noise levels, and improve safety and security at 
their facilities. Please allow me to give you an example of how this 
program has helped the people of Michigan's 15th congressional 
district, and why it deserves proper levels of funding. My district 
contains Detroit Metropolitan Wayne County Airport (DTW), which serves 
over 35 million passengers annually and is one of the newest, most 
operationally-capable, customer-friendly and efficient airports in 
North America with more than 1,200 non-stop flights per day to over 160 
destinations worldwide. Since 2009, DTW airport has received over $21 
million in federal grants from the FAA through the AIP program. These 
grants helped DTW rehabilitate the runaways and taxiways, reduce noise 
levels, install taxiway lighting, install guidance signs, and install 
perimeter fencing. If DTW had not received these grants, it would not 
have made these upgrades.
  Thus, the $4 billion in cuts contained in H.R. 658 will prevent 
airports like DTW from making necessary upgrades to their facilities, 
prevent the implementation of new safety standards, reduce safety 
personnel, and cost 70,000 jobs around the nation. If this bill passes 
with these budget cuts intact, then passengers at airports across the 
nation can expect increased delays, overcrowded airports, decreased 
safety, and crumbling infrastructure. I therefore urge my colleagues to 
reject these cuts, and to protect the critical and successful Airport 
Improvement Program.
  The FAA Reauthorization and Reform Act, as it stands, is nothing more 
than a job loss bill that will inflict serious turbulence on our 
nation's airline industry and transportation infrastructure. I 
understand the need to reduce the deficit, but we should not do so in 
such a way that threatens passenger safety, airport security, and 
airfield maintenance. If my colleagues across the aisle are serious 
about investing in our nation's infrastructure and creating jobs, then 
they should vote to rescind these harmful cuts and maintain funding for 
the FAA at FY 2010 levels.
  Mr. Chair, I strongly urge my colleagues to vote against this bill 
unless the proper funding levels are restored.
  Mr. VAN HOLLEN. Mr. Chair, I rise in opposition to H.R. 658. While we 
need a Federal Aviation Administration reauthorization bill, today's 
legislation takes us in the wrong direction.
  Our nation's aviation infrastructure critically needs rehabilitation. 
On its 2009 Report Card on America's Infrastructure, the American 
Society of Civil Engineers gave aviation infrastructure a ``D.'' 
Investments in improvements--to renovate runways, taxiways, and 
terminals and to implement the Next Generation Air Transportation 
System (NextGen) to modernize air traffic control--would enhance 
passenger safety and reduce delays. They also create jobs--
approximately 35,000 jobs per $1 billion of investment.
  However, rather than making the improvements our aviation system 
requires, this bill cuts funding back to FY2008 levels--a $1 billion 
cut in the first year alone. And funding would stay level, despite 
increasing need, each year until FY2014. Cuts to the Airport 
Improvement Program alone would cost our nation 70,000 jobs over the 
next four years.
  This bill's funding reductions have a very real impact for 
passengers. Cutbacks to FAA operations could result in furloughs for 
hundreds of safety inspectors and slow certification of new equipment. 
A reduced budget could also postpone needed investments in air traffic 
control towers, lighting systems, and navigational aids. And the delays 
to NextGen implementation will result in more delays, more gridlock, 
and more runway incursions that endanger passengers.
  Additionally, this bill contains a poison pill--one that neither the 
President nor the Senate will accept. It repeals a National Mediation 
Board rule, finalized last year, which allows workers to organize based 
on a majority of votes cast--the same way members of Congress are 
elected. Under this legislation, if a worker does not cast a ballot in 
a union election, he or she would be counted as a ``no'' vote. This is 
unfair and undemocratic.
  Mr. Chair, our aviation infrastructure has serious needs. We need a 
serious bill to address them. Let's end arbitrary and damaging cuts and 
poison pill provisions and consider a bill that puts Americans to work 
rebuilding our nation.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I rise today to 
reluctantly oppose the passage of the legislation before us: H.R. 658, 
the FAA Reauthorization and Reform Act of 2011. I say reluctantly 
because the FAA is in urgent need of a long-term authorization to guide 
it in this critical period of air traffic control modernization. As 
most folks know, FAA has been operating under a series of short-term 
extensions, the last of which passed the House on Tuesday. While these 
short-term extension have been necessary, they have made it difficult 
for the agency to engage in long-term planning.
  However, while H.R. 658 reauthorizes the agency for four years, I 
must oppose this bill. There are several reasons for this opposition.
  First, H.R. 658 imposes arbitrary and poorly considered spending 
reductions on the FAA. This bill imposes over 1 billion dollars of 
annual cuts from FY 2010 spending levels. These cuts will lead to 
costly job losses. This is not a ``job-creating'' bill--far from it! As 
Marion Blakey, the FAA Administrator under the Bush Administration, 
said at a hearing earlier this year about this bill, ``the prospect is 
really devastating to jobs and to our future, if we really have to roll 
back [to 2008 levels] and stop NextGen in its tracks.'' As we begin to 
climb out of a deep recession, I question the wisdom of cutting air 
travel infrastructure spending which is critical to the continued 
growth to the industry. And this is an industry, I might add, that 
contributes approximately 1.3 trillion dollars and nearly 11 million 
jobs to our economy.
  These funding cuts occur at a time when air traffic is increasing. It 
defies logic that we can cut funding for air traffic infrastructure and 
safety while at the same time experiencing a growth in civil air 
traffic without leading to reduced levels of safety. You cannot. Let's 
be clear: this bill will reduce the safety of the American flying 
public. Period.
  In the Science, Space, and Technology Committee, where I serve as 
Ranking Member, the Majority pushed through a 23% cut to FAA's research 
account. What got cut? Fire safety research, icing research, and 
research into reducing pilot and ground crew errors--and many other 
important initiatives. My Democratic colleagues on the Committee tried 
to restore funding to the safety programs I just mentioned, at a modest 
cost to the overall bill. However, we were rebuffed in our efforts in 
party line votes. I find it unfortunate that the

[[Page 4856]]

flying public will have to sacrifice their safety so that our 
Republican colleagues can hew to an arbitrary budget cutting number.
  I would also like to express my strong opposition to the provision of 
this bill which repeals the National Mediation Board's Fair Elections 
Rule. The notion that your vote only counts if it is actually cast is a 
fundamental principle of democracy. I am particularly disappointed that 
the Republican Majority has decided to go about attacking worker rights 
in a bill that should be about creating jobs for American workers.
  In addition, I want to comment about an omission in this bill. This 
bill does not address the issue of flight attendant occupational 
hazards. According to 2009 Bureau of Labor Statistics data, air 
transportation workers are exposed to more workplace injuries and 
illnesses than construction workers and workers on factory floors. 
Despite this, flight attendants are not protected by occupational 
safety and health standards. Moreover, flight attendant fatigue has 
been identified by the Civil Aerospace Medical Institute as a safety 
problem, and one that needs to be addressed. Unfortunately, H.R. 658 
addresses neither of these important issues related to flight attendant 
safety.
  There are several provisions in this bill that I do support. Namely, 
I am glad to see that the Airport Access Flexibility Program is 
included in the bill we are considering today. The Airport Access 
Flexibility Program was created through my leadership in 2009 and 
directs the Secretary to establish a pilot program at five airports 
where passenger facility charges may be used to finance the eligible 
cost of an intermodal ground access project. This program is of 
critical importance to Dallas Love Field Airport for a project that 
would link the airport to the Dallas Area Rapid Transit (DART) System. 
Congressional intent is quite clear that Dallas Love Field Airport 
should receive priority consideration to be included in this program. I 
look forward to working to with colleagues in the Senate to ensure that 
this program is retained in the final legislation.
  Finally, in the Manager's amendment there is a provision to prohibit 
any new safety regulations affecting crew or passenger spaceflight 
safety until 2020 or even later. That is bad policy that will have 
adverse consequences for safety if enacted. FAA has notified us that 
they are strongly opposed to the provision, as am I.
  Mr. Chair, I would have liked to support a bipartisan FAA 
reauthorization today. Unfortunately, Majority has decided to bring a 
bill to the floor today that costs American jobs, attacks American 
worker rights, and sacrifices the safety of the American flying public. 
Therefore, I will oppose the bill today, and hope that we can work 
together to fix the problems I have identified in this legislation as 
we move forward.
  Mr. POMPEO. Mr. Chair, I rise in support of H.R. 658, the FAA 
Reauthorization and Reform Act. I appreciate Chairman Mica and Chairman 
Petri for crafting a fiscally conservative bill that meets the 
significant needs of our aviation sector.
  Having previously run an aerospace company for 10 years and now 
having the honor of representing the Air Capital of the World, Wichita, 
Kansas, I know first hand the importance of this legislation.
  First of all, I want to thank Chairman Mica for including a provision 
of mine in the Manager's Amendment that will allow the FAA to increase 
the number of UAS Test Ranges around the country. These Test Ranges are 
essential to fostering innovation and private sector development of the 
Unmanned Aerial System industry. If implemented properly by the FAA, I 
believe research and development and manufacturing hubs will grow up 
around these ranges. I know of several communities in Kansas--including 
El Dorado, Salina, and Herington--where a Test Range not only makes 
sense, but could help stimulate the local economy.
  Second, I want to thank the Chairman for not including something in 
this bill: User Fees. Aviation user fees would devastate the general 
aviation industry. User Fees would place an unnecessary administrative 
burden and unwarranted additional costs on the system users. Simply 
put, these Fees would hurt the General Aviation manufacturing industry, 
which has already lost tens of thousands of employees due to the global 
recession.
  Lastly, I want to highlight the inclusion of a Repair Stations 
provision. This section implements a risk-based inspection regime 
consistent with the U.S.-E.U. aviation safety bilateral agreement. This 
provision supports 130,000 American jobs, including many in my home 
District.
  This is a good bill which deserves this body's strong support. I urge 
my colleagues to join with me in voting for this important legislation.
  Mr. BERG. Mr. Chair, for eight years, Washington has failed to 
provide our nation with a long term and stable plan for our aviation 
infrastructure.
  This bill will ensure the much-needed long-term stability and 
development of our nation's aviation infrastructure.
  However, I'm incredibly concerned about the provision in this bill 
that would phase out Essential Air Service support.
  EAS is critical in large states like my own. Rural regions rely on 
EAS support for vital air transportation. In North Dakota, airports 
like those in Jamestown and Devils Lake would not be able to provide 
critical air service without EAS support.
  I've talked with North Dakotans, and I know how much they rely on 
access to air service. Numerous North Dakotans depend on air travel as 
an essential part of their jobs, and for many rural residents, driving 
in bad North Dakota weather to get to a larger airport simply isn't 
viable.
  Eliminating EAS would have a significant, detrimental effect on my 
state and on North Dakotans' access to air service.
  As we prioritize spending, we also must promote economic development 
and job creation. In areas like North Dakota, maintaining essential air 
service is critical for commerce--we want businesses to invest in our 
cities.
  A Goodrich plant in Jamestown employs nearly 500 North Dakotans. They 
rely on local air service to do business--air service that would not be 
possible if essential air service support was phased out.
  We can't ask companies to invest in our state if we are unable to 
provide the basic infrastructure necessary for them to be competitive 
and do business.
  I've spoken with Congressman Mica and with the Transportation 
committee and I understand the need for this process to keep moving 
forward.
  This bill contains many good provisions that I support. It will 
expand research and development for remotely piloted aircraft, a 
growing field that holds enormous potential not only for our nation's 
military, but also our academic institutions and farmers and border 
security.
  North Dakota has established itself as a leader in the development 
and research of remotely piloted aircraft technology, and I'm confident 
that the creation of new test sites will benefit this technology's 
continued success in our state.
  But while I support these things, I also know how vital rural access 
to essential aviation is. That's why, before it is sent to the 
President, it is critical that the final version of this bill maintains 
EAS support.
  So I ask the gentleman from Florida if he will commit to working with 
me and other concerned members to support the EAS program and maintain 
critical rural air service.
  Mr. MICA. I yield back the balance of my time.
  The Acting CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  In lieu of the amendment in the nature of a substitute recommended by 
the Committee on Transportation and Infrastructure printed in the bill, 
it shall be in order to consider as an original bill for the purpose of 
amendment under the 5-minute rule the amendment in the nature of a 
substitute consisting of the text of the Rules Committee Print dated 
March 22, 2011. The amendment in the nature of a substitute shall be 
considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

                                H.R. 658

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``FAA 
     Reauthorization and Reform Act of 2011''.

       (b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

Sec. 101. Airport planning and development and noise compatibility 
              planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System 
              projects.
Sec. 106. Funding for administrative expenses for airport programs.

                 Subtitle B--Passenger Facility Charges

Sec. 111. Passenger facility charges.

[[Page 4857]]

Sec. 112. Airport access flexibility program.
Sec. 113. GAO study of alternative means of collecting PFCs.
Sec. 114. Qualifications-based selection.

                   Subtitle C--Fees for FAA Services

Sec. 121. Update on overflights.
Sec. 122. Registration fees.

         Subtitle D--Airport Improvement Program Modifications

Sec. 131. Airport master plans.
Sec. 132. Aerotropolis transportation systems.
Sec. 133. AIP definitions.
Sec. 134. Recycling plans for airports.
Sec. 135. Contents of competition plans.
Sec. 136. Grant assurances.
Sec. 137. Agreements granting through-the-fence access to general 
              aviation airports.
Sec. 138. Government share of project costs.
Sec. 139. Allowable project costs.
Sec. 140. Veterans' preference.
Sec. 141. Standardizing certification of disadvantaged business 
              enterprises.
Sec. 142. Special apportionment rules.
Sec. 143. Apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
Sec. 145. Designating current and former military airports.
Sec. 146. Contract tower program.
Sec. 147. Resolution of disputes concerning airport fees.
Sec. 148. Sale of private airports to public sponsors.
Sec. 149. Repeal of certain limitations on Metropolitan Washington 
              Airports Authority.
Sec. 150. Midway Island Airport.
Sec. 151. Miscellaneous amendments.
Sec. 152. Extension of grant authority for compatible land use planning 
              and projects by State and local governments.
Sec. 153. Priority review of construction projects in cold weather 
              States.
Sec. 154. Study on national plan of integrated airport systems.
Sec. 155. Transfers of terminal area air navigation equipment to 
              airport sponsors.
Sec. 156. Airport privatization program.

  TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL 
                             MODERNIZATION

Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable 
              agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and 
              Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control 
              modernization projects.
Sec. 218. Siting of wind farms near FAA navigational aids and other 
              assets.
Sec. 219. Airspace redesign.

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and 
              supplemental type certificates.
Sec. 303. Design and production organization certificates.
Sec. 304. Aircraft certification process review and reform.
Sec. 305. Consistency of regulatory interpretation.
Sec. 306. Runway safety.
Sec. 307. Improved pilot licenses.
Sec. 308. Flight attendant fatigue.
Sec. 309. Flight Standards Evaluation Program.
Sec. 310. Cockpit smoke.
Sec. 311. Safety of air ambulance operations.
Sec. 312. Off-airport, low-altitude aircraft weather observation 
              technology.
Sec. 313. Feasibility of requiring helicopter pilots to use night 
              vision goggles.
Sec. 314. Prohibition on personal use of electronic devices on flight 
              deck.
Sec. 315. Noncertificated maintenance providers.
Sec. 316. Inspection of foreign repair stations.
Sec. 317. Sunset of line check.

                 Subtitle B--Unmanned Aircraft Systems

Sec. 321. Definitions.
Sec. 322. Commercial unmanned aircraft systems integration plan.
Sec. 323. Special rules for certain unmanned aircraft systems.
Sec. 324. Public unmanned aircraft systems.
Sec. 325. Unmanned aircraft systems test ranges.

                   Subtitle C--Safety and Protections

Sec. 331. Postemployment restrictions for flight standards inspectors.
Sec. 332. Review of air transportation oversight system database.
Sec. 333. Improved voluntary disclosure reporting system.
Sec. 334. Aviation Whistleblower Investigation Office.
Sec. 335. Duty periods and flight time limitations applicable to flight 
              crewmembers.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

                   Subtitle A--Essential Air Service

Sec. 401. Essential air service marketing.
Sec. 402. Notice to communities prior to termination of eligibility for 
              subsidized essential air service.
Sec. 403. Essential air service contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Adjustments to compensation for significantly increased 
              costs.
Sec. 407. Repeal of EAS local participation program.
Sec. 408. Sunset of essential air service program.

             Subtitle B--Passenger Air Service Improvements

Sec. 421. Smoking prohibition.
Sec. 422. Monthly air carrier reports.
Sec. 423. Flight operations at Ronald Reagan Washington National 
              Airport.
Sec. 424. Musical instruments.
Sec. 425. Passenger air service improvements.
Sec. 426. Airfares for members of the Armed Forces.
Sec. 427. Review of air carrier flight delays, cancellations, and 
              associated causes.
Sec. 428. Denied boarding compensation.
Sec. 429. Compensation for delayed baggage.
Sec. 430. Schedule reduction.
Sec. 431. DOT airline consumer complaint investigations.
Sec. 432. Study of operators regulated under part 135.
Sec. 433. Use of cell phones on passenger aircraft.

                  TITLE V--ENVIRONMENTAL STREAMLINING

Sec. 501. Overflights of national parks.
Sec. 502. State block grant program.
Sec. 503. NextGen environmental efficiency projects streamlining.
Sec. 504. Airport funding of special studies or reviews.
Sec. 505. Noise compatibility programs.
Sec. 506. Grant eligibility for assessment of flight procedures.
Sec. 507. Determination of fair market value of residential properties.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise levels.
Sec. 509. Aircraft departure queue management pilot program.
Sec. 510. High performance, sustainable, and cost-effective air traffic 
              control facilities.
Sec. 511. Sense of Congress.
Sec. 512. Aviation noise complaints.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
Sec. 603. FAA technical training and staffing.
Sec. 604. Safety critical staffing.
Sec. 605. FAA air traffic controller staffing.
Sec. 606. Air traffic control specialist qualification training.
Sec. 607. Assessment of training programs for air traffic controllers.
Sec. 608. Collegiate training initiative study.
Sec. 609. FAA facility conditions.
Sec. 610. Frontline manager staffing.

                     TITLE VII--AVIATION INSURANCE

Sec. 701. General authority.
Sec. 702. Extension of authority to limit third-party liability of air 
              carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Disclosure of data to Federal agencies in interest of 
              national security.
Sec. 802. FAA access to criminal history records and database systems.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Realignment and consolidation of FAA services and facilities.
Sec. 805. Limiting access to flight decks of all-cargo aircraft.
Sec. 806. Consolidation or elimination of obsolete, redundant, or 
              otherwise unnecessary reports; use of electronic media 
              format.
Sec. 807. Prohibition on use of certain funds.
Sec. 808. Study on aviation fuel prices.
Sec. 809. Wind turbine lighting.
Sec. 810. Air-rail code sharing study.
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.
Sec. 812. FAA review and reform.
Sec. 813. Cylinders of compressed oxygen or other oxidizing gases.

                   TITLE IX--NATIONAL MEDIATION BOARD

Sec. 901. Authority of Inspector General.
Sec. 902. Evaluation and audit of National Mediation Board.
Sec. 903. Repeal of rule.

TITLE X--FEDERAL AVIATION RESEARCH AND DEVELOPMENT REAUTHORIZATION ACT 
                                OF 2011

Sec. 1001. Short title.

[[Page 4858]]

Sec. 1002. Definitions.
Sec. 1003. Authorization of appropriations.
Sec. 1004. Unmanned aircraft systems.
Sec. 1005. Research program on runways.
Sec. 1006. Research on design for certification.
Sec. 1007. Airport cooperative research program.
Sec. 1008. Centers of excellence.
Sec. 1009. Center of excellence for aviation human resource research.
Sec. 1010. Interagency research on aviation and the environment.
Sec. 1011. Aviation fuel research and development program.
Sec. 1012. Research program on alternative jet fuel technology for 
              civil aircraft.
Sec. 1013. Review of FAA's energy- and environment-related research 
              programs.
Sec. 1014. Review of FAA's aviation safety-related research programs.

           TITLE XI--AIRPORT AND AIRWAY TRUST FUND FINANCING

Sec. 1101. Short title.
Sec. 1102. Extension of Airport and Airway Trust Fund expenditure 
              authority.
Sec. 1103. Extension of taxes funding Airport and Airway Trust Fund.

     TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

Sec. 1201. Compliance provision.

     SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 3. EFFECTIVE DATE.

       Except as otherwise expressly provided, this Act and the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.
                        TITLE I--AUTHORIZATIONS
                  Subtitle A--Funding of FAA Programs

     SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
                   COMPATIBILITY PLANNING AND PROGRAMS.

       (a) Authorization.--Section 48103 is amended to read as 
     follows:

     ``Sec. 48103. Airport planning and development and noise 
       compatibility planning and programs

       ``(a) In General.--There shall be available to the 
     Secretary of Transportation out of the Airport and Airway 
     Trust Fund established under section 9502 of the Internal 
     Revenue Code of 1986 to make grants for airport planning and 
     airport development under section 47104, airport noise 
     compatibility planning under section 47505(a)(2), and 
     carrying out noise compatibility programs under section 
     47504(c)--
       ``(1) $3,176,000,000 for fiscal year 2011;
       ``(2) $3,000,000,000 for fiscal year 2012;
       ``(3) $3,000,000,000 for fiscal year 2013; and
       ``(4) $3,000,000,000 for fiscal year 2014.
       ``(b) Availability of Amounts.--Amounts made available 
     under subsection (a) shall remain available until expended.
       ``(c) Limitation.--Amounts made available under subsection 
     (a) may not be used for carrying out the Airport Cooperative 
     Research Program or the Airports Technology Research 
     Program.''.
       (b) Obligational Authority.--Section 47104(c) is amended by 
     striking ``March 31, 2011'' and inserting ``September 30, 
     2014''.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       (a) Authorization of Appropriations.--Section 48101(a) is 
     amended by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) $2,700,000,000 for fiscal year 2011.
       ``(2) $2,600,000,000 for fiscal year 2012.
       ``(3) $2,600,000,000 for fiscal year 2013.
       ``(4) $2,600,000,000 for fiscal year 2014.''.
       (b) Set-Asides.--Section 48101 is amended--
       (1) by striking subsections (c), (d), (e), (h), and (i); 
     and
       (2) by redesignating subsections (f) and (g) as subsections 
     (c) and (d), respectively.

     SEC. 103. FAA OPERATIONS.

       (a) In General.--Section 106(k)(1) is amended by striking 
     subparagraphs (A) through (F) and inserting the following:
       ``(A) $9,403,000,000 for fiscal year 2011;
       ``(B) $9,168,000,000 for fiscal year 2012;
       ``(C) $9,168,000,000 for fiscal year 2013; and
       ``(D) $9,168,000,000 for fiscal year 2014.''.
       (b) Authorized Expenditures.--Section 106(k)(2) is 
     amended--
       (1) by striking subparagraphs (A), (B), (C), and (D);
       (2) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (A), (B), and (C), respectively; and
       (3) in subparagraphs (A), (B), and (C) (as so redesignated) 
     by striking ``2004 through 2007'' and inserting ``2011 
     through 2014''.
       (c) Authority To Transfer Funds.--Section 106(k) is amended 
     by adding at the end the following:
       ``(3) Administering program within available funding.--
     Notwithstanding any other provision of law, in each of fiscal 
     years 2011 through 2014, if the Secretary determines that the 
     funds appropriated under paragraph (1) are insufficient to 
     meet the salary, operations, and maintenance expenses of the 
     Federal Aviation Administration, as authorized by this 
     section, the Secretary shall reduce nonsafety-related 
     activities of the Administration as necessary to reduce such 
     expenses to a level that can be met by the funding available 
     under paragraph (1).''.

     SEC. 104. FUNDING FOR AVIATION PROGRAMS.

       (a) Airport and Airway Trust Fund Guarantee.--Section 
     48114(a)(1)(A) is amended to read as follows:
       ``(A) In general.--The total budget resources made 
     available from the Airport and Airway Trust Fund each fiscal 
     year pursuant to sections 48101, 48102, 48103, and 106(k) 
     shall--
       ``(i) in fiscal year 2011, be equal to 90 percent of the 
     estimated level of receipts plus interest credited to the 
     Airport and Airway Trust Fund for that fiscal year; and
       ``(ii) in fiscal year 2012 and each fiscal year thereafter, 
     be equal to the sum of--

       ``(I) 90 percent of the estimated level of receipts plus 
     interest credited to the Airport and Airway Trust Fund for 
     that fiscal year; and
       ``(II) the actual level of receipts plus interest credited 
     to the Airport and Airway Trust Fund for the second preceding 
     fiscal year minus the total amount made available for 
     obligation from the Airport and Airway Trust Fund for the 
     second preceding fiscal year.

     Such amounts may be used only for aviation investment 
     programs listed in subsection (b).''.
       (b) Additional Authorizations of Appropriations From the 
     General Fund.--Section 48114(a)(2) is amended by striking 
     ``2007'' and inserting ``2014''.
       (c) Estimated Level of Receipts Plus Interest Defined.--
     Section 48114(b)(2) is amended--
       (1) in the paragraph heading by striking ``Level'' and 
     inserting ``Estimated level''; and
       (2) by striking ``level of receipts plus interest'' and 
     inserting ``estimated level of receipts plus interest''.
       (d) Enforcement of Guarantees.--Section 48114(c)(2) is 
     amended by striking ``2007'' and inserting ``2014''.

     SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION 
                   SYSTEM PROJECTS.

       Section 44501(b) is amended--
       (1) in paragraph (3) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (4)(B) by striking ``defense.'' and 
     inserting ``defense; and''; and
       (3) by adding at the end the following:
       ``(5) a list of capital projects that are part of the Next 
     Generation Air Transportation System and funded by amounts 
     appropriated under section 48101(a).''.

     SEC. 106. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT 
                   PROGRAMS.

       (a) In General.--Section 48105 is amended to read as 
     follows:

     ``Sec. 48105. Airport programs administrative expenses

       ``(a) In General.--Of the funds made available under 
     section 48103, the following amounts may be available for 
     administrative expenses of the Federal Aviation 
     Administration described in subsection (b):
       ``(1) $85,987,000 for fiscal year 2011.
       ``(2) $80,676,000 for fiscal year 2012.
       ``(3) $80,676,000 for fiscal year 2013.
       ``(4) $80,676,000 for fiscal year 2014.
       ``(b) Eligible Administrative Expenses.--Amounts made 
     available under subsection (a) may be used for administrative 
     expenses relating to the airport improvement program, 
     passenger facility charge approval and oversight, national 
     airport system planning, airport standards development and 
     enforcement, airport certification, airport-related 
     environmental activities (including legal services), and 
     other airport-related activities.
       ``(c) Availability of Amounts.--Amounts made available 
     under subsection (a) shall remain available until 
     expended.''.
       (b) Clerical Amendment.--The analysis for chapter 481 is 
     amended by striking the item relating to section 48105 and 
     inserting the following:

``48105. Airport programs administrative expenses.''.
                 Subtitle B--Passenger Facility Charges

     SEC. 111. PASSENGER FACILITY CHARGES.

       (a) PFC Defined.--Section 40117(a)(5) is amended to read as 
     follows:
       ``(5) Passenger facility charge.--The term `passenger 
     facility charge' means a charge or fee imposed under this 
     section.''.
       (b) Pilot Program for PFC Authorizations at Nonhub 
     Airports.--Section 40117(l) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (c) Correction of References.--
       (1) Section 40117.--Section 40117 is amended--
       (A) in the section heading by striking ``fees'' and 
     inserting ``charges'';
       (B) in the heading for subsection (e) by striking ``Fees'' 
     and inserting ``Charges'';
       (C) in the heading for subsection (l) by striking ``Fee'' 
     and inserting ``Charge'';
       (D) in the heading for paragraph (5) of subsection (l) by 
     striking ``fee'' and inserting ``charge'';
       (E) in the heading for subsection (m) by striking ``Fees'' 
     and inserting ``Charges'';
       (F) in the heading for paragraph (1) of subsection (m) by 
     striking ``fees'' and inserting ``charges'';
       (G) by striking ``fee'' each place it appears (other than 
     the second sentence of subsection (g)(4)) and inserting 
     ``charge''; and
       (H) by striking ``fees'' each place it appears and 
     inserting ``charges''.
       (2) Other references.--Subtitle VII is amended by striking 
     ``fee'' and inserting ``charge'' each place it appears in 
     each of the following sections:
       (A) Section 47106(f)(1).
       (B) Section 47110(e)(5).

[[Page 4859]]

       (C) Section 47114(f).
       (D) Section 47134(g)(1).
       (E) Section 47139(b).
       (F) Section 47524(e).
       (G) Section 47526(2).
       (3) Clerical amendment.--The analysis for chapter 401 is 
     amended by striking the item relating to section 40117 and 
     inserting the following:

``40117. Passenger facility charges.''.

     SEC. 112. AIRPORT ACCESS FLEXIBILITY PROGRAM.

       Section 40117 is amended by adding at the end the 
     following:
       ``(n) Airport Access Flexibility Program.--
       ``(1) PFC eligibility.--Subject to the requirements of this 
     subsection, the Secretary shall establish a pilot program 
     under which the Secretary may authorize, at no more than 5 
     airports, a passenger facility charge imposed under 
     subsection (b)(1) or (b)(4) to be used to finance the 
     eligible cost of an intermodal ground access project.
       ``(2) Intermodal ground access project defined.--In this 
     subsection, the term `intermodal ground access project' means 
     a project for constructing a local facility owned or operated 
     by an eligible agency that is directly and substantially 
     related to the movement of passengers or property traveling 
     in air transportation.
       ``(3) Eligible costs.--
       ``(A) In general.--For purposes of paragraph (1), the 
     eligible cost of an intermodal ground access project at an 
     airport shall be the total cost of the project multiplied by 
     the ratio that--
       ``(i) the number of individuals projected to use the 
     project to gain access to or depart from the airport; bears 
     to
       ``(ii) the total number of the individuals projected to use 
     the facility.
       ``(B) Determinations regarding projected project use.--
       ``(i) In general.--Except as provided by clause (ii), the 
     Secretary shall determine the projected use of a project for 
     purposes of subparagraph (A) at the time the project is 
     approved under this subsection.
       ``(ii) Public transportation projects.--In the case of a 
     project approved under this section to be financed in part 
     using funds administered by the Federal Transit 
     Administration, the Secretary shall use the travel 
     forecasting model for the project at the time the project is 
     approved by the Federal Transit Administration to enter 
     preliminary engineering to determine the projected use of the 
     project for purposes of subparagraph (A).''.

     SEC. 113. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.

       (a) In General.--The Comptroller General shall conduct a 
     study of alternative means of collecting passenger facility 
     charges imposed under section 40117 of title 49, United 
     States Code, that would permit such charges to be collected 
     without being included in the ticket price. In conducting the 
     study, the Comptroller General shall consider, at a minimum--
       (1) collection options for arriving, connecting, and 
     departing passengers at airports;
       (2) cost sharing or allocation methods based on passenger 
     travel to address connecting traffic; and
       (3) examples of airport charges collected by domestic and 
     international airports that are not included in ticket 
     prices.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the study, including the Comptroller General's findings, 
     conclusions, and recommendations.

     SEC. 114. QUALIFICATIONS-BASED SELECTION.

       (a) Qualifications-based Selection Defined.--In this 
     section, the term ``qualifications-based selection'' means a 
     competitive procurement process under which firms compete for 
     capital improvement projects on the basis of qualifications, 
     past experience, and specific expertise.
       (b) Sense of Congress.--It is the sense of Congress that 
     airports should consider the use of qualifications-based 
     selection in carrying out capital improvement projects funded 
     using passenger facility charges collected under section 
     40117 of title 49, United States Code, with the goal of 
     serving the needs of all stakeholders.
                   Subtitle C--Fees for FAA Services

     SEC. 121. UPDATE ON OVERFLIGHTS.

       (a) Establishment and Adjustment of Fees.--Section 45301(b) 
     is amended to read as follows:
       ``(b) Establishment and Adjustment of Fees.--
       ``(1) In general.--In establishing and adjusting fees under 
     this section, the Administrator shall ensure that the fees 
     are reasonably related to the Administration's costs, as 
     determined by the Administrator, of providing the services 
     rendered.
       ``(2) Services for which costs may be recovered.--Services 
     for which costs may be recovered under this section include 
     the costs of air traffic control, navigation, weather 
     services, training, and emergency services that are available 
     to facilitate safe transportation over the United States and 
     the costs of other services provided by the Administrator, or 
     by programs financed by the Administrator, to flights that 
     neither take off nor land in the United States.
       ``(3) Limitations on judicial review.--Notwithstanding 
     section 702 of title 5 or any other provision of law, the 
     following actions and other matters shall not be subject to 
     judicial review:
       ``(A) The establishment or adjustment of a fee by the 
     Administrator under this section.
       ``(B) The validity of a determination of costs by the 
     Administrator under paragraph (1), and the processes and 
     procedures applied by the Administrator when reaching such 
     determination.
       ``(C) An allocation of costs by the Administrator under 
     paragraph (1) to services provided, and the processes and 
     procedures applied by the Administrator when establishing 
     such allocation.
       ``(4) Adjustment of overflight fees.--In accordance with 
     section 106(f)(3)(A), the Administrator shall adjust the 
     overflight fees established by subsection (a)(1) by issuing a 
     final rule with respect to the notice of proposed rulemaking 
     published in the Federal Register on September 28, 2010 (75 
     Fed. Reg. 59661).
       ``(5) Aircraft altitude.--Nothing in this section shall 
     require the Administrator to take into account aircraft 
     altitude in establishing any fee for aircraft operations in 
     en route or oceanic airspace.
       ``(6) Costs defined.--In this subsection, the term `costs' 
     includes operation and maintenance costs, leasing costs, and 
     overhead expenses associated with the services provided and 
     the facilities and equipment used in providing such services.
       ``(7) Special rule for fiscal years 2011 through 2015.--In 
     each of fiscal years 2011 through 2015, section 45303(c) 
     shall not apply to any increase in fees collected pursuant to 
     a final rule described in paragraph (4).''.
       (b) Adjustment of Fees.--Section 45301 is amended by adding 
     at the end the following:
       ``(e) Adjustment of Fees.--In addition to adjustments under 
     subsection (b), the Administrator may periodically adjust the 
     fees established under this section.''.

     SEC. 122. REGISTRATION FEES.

       (a) In General.--Chapter 453 is amended by adding at the 
     end the following:

     ``Sec. 45305. Registration, certification, and related fees

       ``(a) General Authority and Fees.--Subject to subsection 
     (b), the Administrator of the Federal Aviation Administration 
     shall establish and collect a fee for each of the following 
     services and activities of the Administration that does not 
     exceed the estimated costs of the service or activity:
       ``(1) Registering an aircraft.
       ``(2) Reregistering, replacing, or renewing an aircraft 
     registration certificate.
       ``(3) Issuing an original dealer's aircraft registration 
     certificate.
       ``(4) Issuing an additional dealer's aircraft registration 
     certificate (other than the original).
       ``(5) Issuing a special registration number.
       ``(6) Issuing a renewal of a special registration number 
     reservation.
       ``(7) Recording a security interest in an aircraft or 
     aircraft part.
       ``(8) Issuing an airman certificate.
       ``(9) Issuing a replacement airman certificate.
       ``(10) Issuing an airman medical certificate.
       ``(11) Providing a legal opinion pertaining to aircraft 
     registration or recordation.
       ``(b) Limitation on Collection.--No fee may be collected 
     under this section unless the expenditure of the fee to pay 
     the costs of activities and services for which the fee is 
     imposed is provided for in advance in an appropriations Act.
       ``(c) Fees Credited as Offsetting Collections.--
       ``(1) In general.--Notwithstanding section 3302 of title 
     31, any fee authorized to be collected under this section 
     shall--
       ``(A) be credited as offsetting collections to the account 
     that finances the activities and services for which the fee 
     is imposed;
       ``(B) be available for expenditure only to pay the costs of 
     activities and services for which the fee is imposed, 
     including all costs associated with collecting the fee; and
       ``(C) remain available until expended.
       ``(2) Continuing appropriations.--The Administrator may 
     continue to assess, collect, and spend fees established under 
     this section during any period in which the funding for the 
     Federal Aviation Administration is provided under an Act 
     providing continuing appropriations in lieu of the 
     Administration's regular appropriations.
       ``(3) Adjustments.--The Administrator shall adjust a fee 
     established under subsection (a) for a service or activity if 
     the Administrator determines that the actual cost of the 
     service or activity is higher or lower than was indicated by 
     the cost data used to establish such fee.''.
       (b) Clerical Amendment.--The analysis for chapter 453 is 
     amended by adding at the end the following:

``45305. Registration, certification, and related fees.''.

       (c) Fees Involving Aircraft Not Providing Air 
     Transportation.--Section 45302(e) is amended--
       (1) by striking ``A fee'' and inserting the following:
       ``(1) In general.--A fee''; and
       (2) by adding at the end the following:
       ``(2) Effect of imposition of other fees.--A fee may not be 
     imposed for a service or activity under this section during 
     any period in which a fee for the same service or activity is 
     imposed under section 45305.''.
         Subtitle D--Airport Improvement Program Modifications

     SEC. 131. AIRPORT MASTER PLANS.

       Section 47101(g)(2) is amended--
       (1) in subparagraph (B) by striking ``and'' at the end;

[[Page 4860]]

       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following:
       ``(C) consider passenger convenience, airport ground 
     access, and access to airport facilities; and''.

     SEC. 132. AEROTROPOLIS TRANSPORTATION SYSTEMS.

       Section 47101(g) is amended by adding at the end the 
     following:
       ``(4) Aerotropolis transportation systems.--Encourage the 
     development of aerotropolis transportation systems, which are 
     planned and coordinated multimodal freight and passenger 
     transportation networks that, as determined by the Secretary, 
     provide efficient, cost-effective, sustainable, and 
     intermodal connectivity to a defined region of economic 
     significance centered around a major airport.''.

     SEC. 133. AIP DEFINITIONS.

       (a) Airport Development.--Section 47102(3) is amended--
       (1) in subparagraph (B)(iv) by striking ``20'' and 
     inserting ``9'';
       (2) in subparagraph (G) by inserting ``and including 
     acquiring glycol recovery vehicles,'' after ``aircraft,''; 
     and
       (3) by adding at the end the following:
       ``(M) construction of mobile refueler parking within a fuel 
     farm at a nonprimary airport meeting the requirements of 
     section 112.8 of title 40, Code of Federal Regulations.
       ``(N) terminal development under section 47119(a).
       ``(O) acquiring and installing facilities and equipment to 
     provide air conditioning, heating, or electric power from 
     terminal-based, nonexclusive use facilities to aircraft 
     parked at a public use airport for the purpose of reducing 
     energy use or harmful emissions as compared to the provision 
     of such air conditioning, heating, or electric power from 
     aircraft-based systems.''.
       (b) Airport Planning.--Section 47102(5) is amended to read 
     as follows:
       ``(5) `airport planning' means planning as defined by 
     regulations the Secretary prescribes and includes--
       ``(A) integrated airport system planning;
       ``(B) developing an environmental management system; and
       ``(C) developing a plan for recycling and minimizing the 
     generation of airport solid waste, consistent with applicable 
     State and local recycling laws, including the cost of a waste 
     audit.''.
       (c) General Aviation Airport.--Section 47102 is amended--
       (1) by redesignating paragraphs (23) through (25) as 
     paragraphs (25) through (27), respectively;
       (2) by redesignating paragraphs (8) through (22) as 
     paragraphs (9) through (23), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) `general aviation airport' means a public airport 
     that is located in a State and that, as determined by the 
     Secretary--
       ``(A) does not have scheduled service; or
       ``(B) has scheduled service with less than 2,500 passenger 
     boardings each year.''.
       (d) Revenue Producing Aeronautical Support Facilities.--
     Section 47102 is amended by inserting after paragraph (23) 
     (as redesignated by subsection (c)(2) of this section) the 
     following:
       ``(24) `revenue producing aeronautical support facilities' 
     means fuel farms, hangar buildings, self-service credit card 
     aeronautical fueling systems, airplane wash racks, major 
     rehabilitation of a hangar owned by a sponsor, or other 
     aeronautical support facilities that the Secretary determines 
     will increase the revenue producing ability of the 
     airport.''.
       (e) Terminal Development.--Section 47102 (as amended by 
     subsection (c) of this section) is further amended by adding 
     at the end the following:
       ``(28) `terminal development' means--
       ``(A) development of--
       ``(i) an airport passenger terminal building, including 
     terminal gates;
       ``(ii) access roads servicing exclusively airport traffic 
     that leads directly to or from an airport passenger terminal 
     building; and
       ``(iii) walkways that lead directly to or from an airport 
     passenger terminal building; and
       ``(B) the cost of a vehicle described in section 
     47119(a)(1)(B).''.

     SEC. 134. RECYCLING PLANS FOR AIRPORTS.

       Section 47106(a) is amended--
       (1) in paragraph (4) by striking ``and'' at the end;
       (2) in paragraph (5) by striking ``proposed.'' and 
     inserting ``proposed; and''; and
       (3) by adding at the end the following:
       ``(6) if the project is for an airport that has an airport 
     master plan, the master plan addresses issues relating to 
     solid waste recycling at the airport, including--
       ``(A) the feasibility of solid waste recycling at the 
     airport;
       ``(B) minimizing the generation of solid waste at the 
     airport;
       ``(C) operation and maintenance requirements;
       ``(D) the review of waste management contracts; and
       ``(E) the potential for cost savings or the generation of 
     revenue.''.

     SEC. 135. CONTENTS OF COMPETITION PLANS.

       Section 47106(f)(2) is amended--
       (1) by striking ``patterns of air service,'';
       (2) by inserting ``and'' before ``whether''; and
       (3) by striking ``, and airfare levels'' and all that 
     follows before the period.

     SEC. 136. GRANT ASSURANCES.

       (a) General Written Assurances.--Section 
     47107(a)(16)(D)(ii) is amended by inserting before the 
     semicolon at the end the following: ``, except in the case of 
     a relocation or replacement of an existing airport facility 
     that meets the conditions of section 47110(d)''.
       (b) Written Assurances on Acquiring Land.--
       (1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is 
     amended by striking ``paid to the Secretary'' and all that 
     follows before the semicolon and inserting ``reinvested in 
     another project at the airport or transferred to another 
     airport as the Secretary prescribes under paragraph (4)''.
       (2) Eligible projects.--Section 47107(c) is amended by 
     adding at the end the following:
       ``(4) In approving the reinvestment or transfer of proceeds 
     under paragraph (2)(A)(iii), the Secretary shall give 
     preference, in descending order, to the following actions:
       ``(A) Reinvestment in an approved noise compatibility 
     project.
       ``(B) Reinvestment in an approved project that is eligible 
     for funding under section 47117(e).
       ``(C) Reinvestment in an approved airport development 
     project that is eligible for funding under section 47114, 
     47115, or 47117.
       ``(D) Transfer to a sponsor of another public airport to be 
     reinvested in an approved noise compatibility project at such 
     airport.
       ``(E) Payment to the Secretary for deposit in the Airport 
     and Airway Trust Fund.''.
       (c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is 
     amended by striking ``the Fund'' and inserting ``the Airport 
     and Airway Trust Fund established under section 9502 of the 
     Internal Revenue Code of 1986''.
       (d) Extension of Competitive Access Reports.--Section 
     47107(s) is amended by striking paragraph (3).

     SEC. 137. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO 
                   GENERAL AVIATION AIRPORTS.

       (a) In General.--Section 47107 is amended by adding at the 
     end the following:
       ``(t) Agreements Granting Through-The-Fence Access to 
     General Aviation Airports.--
       ``(1) In general.--Subject to paragraph (2), a sponsor of a 
     general aviation airport shall not be considered to be in 
     violation of this subtitle, or to be in violation of a grant 
     assurance made under this section or under any other 
     provision of law as a condition for the receipt of Federal 
     financial assistance for airport development, solely because 
     the sponsor enters into an agreement that grants to a person 
     that owns residential real property adjacent to the airport 
     access to the airfield of the airport for the following:
       ``(A) Aircraft of the person.
       ``(B) Aircraft authorized by the person.
       ``(2) Through-the-fence agreements.--
       ``(A) In general.--An agreement described in paragraph (1) 
     between an airport sponsor and a property owner shall be a 
     written agreement that prescribes the rights, 
     responsibilities, charges, duration, and other terms the 
     airport sponsor determines are necessary to establish and 
     manage the airport sponsor's relationship with the property 
     owner.
       ``(B) Terms and conditions.--An agreement described in 
     paragraph (1) between an airport sponsor and a property owner 
     shall require the property owner, at minimum--
       ``(i) to pay airport access charges that, as determined by 
     the airport sponsor, are comparable to those charged to 
     tenants and operators on-airport making similar use of the 
     airport;
       ``(ii) to bear the cost of building and maintaining the 
     infrastructure that, as determined by the airport sponsor, is 
     necessary to provide aircraft located on the property 
     adjacent to the airport access to the airfield of the 
     airport;
       ``(iii) to maintain the property for residential, 
     noncommercial use for the duration of the agreement; and
       ``(iv) to prohibit access to the airport from other 
     properties through the property of the property owner.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to an agreement between an airport sponsor and a 
     property owner entered into before, on, or after the date of 
     enactment of this Act.

     SEC. 138. GOVERNMENT SHARE OF PROJECT COSTS.

       Section 47109 is amended--
       (1) in subsection (a) by striking ``provided in subsection 
     (b) or subsection (c) of this section'' and inserting 
     ``otherwise provided in this section''; and
       (2) by adding at the end the following:
       ``(e) Special Rule for Transition From Small Hub to Medium 
     Hub Status.--If the status of a small hub airport changes to 
     a medium hub airport, the Government's share of allowable 
     project costs for the airport may not exceed 90 percent for 
     the first 2 fiscal years following such change in hub status.
       ``(f) Special Rule for Economically Depressed 
     Communities.--The Government's share of allowable project 
     costs shall be 95 percent for a project at an airport that--
       ``(1) is receiving subsidized air service under subchapter 
     II of chapter 417; and
       ``(2) is located in an area that meets one or more of the 
     criteria established in section 301(a) of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 
     determined by the Secretary of Commerce.''.

     SEC. 139. ALLOWABLE PROJECT COSTS.

       (a) Allowable Project Costs.--Section 47110(b)(2)(D) is 
     amended to read as follows:
       ``(D) if the cost is for airport development and is 
     incurred before execution of the grant agreement, but in the 
     same fiscal year as execution of the grant agreement, and 
     if--

[[Page 4861]]

       ``(i) the cost was incurred before execution of the grant 
     agreement due to climactic conditions affecting the 
     construction season in the vicinity of the airport;
       ``(ii) the cost is in accordance with an airport layout 
     plan approved by the Secretary and with all statutory and 
     administrative requirements that would have been applicable 
     to the project if the project had been carried out after 
     execution of the grant agreement, including submission of a 
     complete grant application to the appropriate regional or 
     district office of the Federal Aviation Administration;
       ``(iii) the sponsor notifies the Secretary before 
     authorizing work to commence on the project;
       ``(iv) the sponsor has an alternative funding source 
     available to fund the project; and
       ``(v) the sponsor's decision to proceed with the project in 
     advance of execution of the grant agreement does not affect 
     the priority assigned to the project by the Secretary for the 
     allocation of discretionary funds;''.
       (b) Inclusion of Measures To Improve Efficiency of Airport 
     Buildings in Airport Improvement Projects.--Section 47110(b) 
     is amended--
       (1) in paragraph (5) by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (6) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) if the cost is incurred on a measure to improve the 
     efficiency of an airport building (such as a measure designed 
     to meet one or more of the criteria for being considered a 
     high-performance green building as set forth under section 
     401(13) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17061(13))) and--
       ``(A) the measure is for a project for airport development;
       ``(B) the measure is for an airport building that is 
     otherwise eligible for construction assistance under this 
     subchapter; and
       ``(C) if the measure results in an increase in initial 
     project costs, the increase is justified by expected savings 
     over the life cycle of the project.''.
       (c) Relocation of Airport-Owned Facilities.--Section 
     47110(d) is amended to read as follows:
       ``(d) Relocation of Airport-Owned Facilities.--The 
     Secretary may determine that the costs of relocating or 
     replacing an airport-owned facility are allowable for an 
     airport development project at an airport only if--
       ``(1) the Government's share of such costs will be paid 
     with funds apportioned to the airport sponsor under section 
     47114(c)(1) or 47114(d);
       ``(2) the Secretary determines that the relocation or 
     replacement is required due to a change in the Secretary's 
     design standards; and
       ``(3) the Secretary determines that the change is beyond 
     the control of the airport sponsor.''.
       (d) Nonprimary Airports.--Section 47110(h) is amended--
       (1) by inserting ``construction'' before ``costs of revenue 
     producing''; and
       (2) by striking ``, including fuel farms and hangars,''.

     SEC. 140. VETERANS' PREFERENCE.

       Section 47112(c) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B) by striking ``separated from'' and 
     inserting ``discharged or released from active duty in''; and
       (B) by adding at the end the following:
       ``(C) `Afghanistan-Iraq war veteran' means an individual 
     who served on active duty (as defined in section 101 of title 
     38) in the Armed Forces in support of Operation Enduring 
     Freedom, Operation Iraqi Freedom, or Operation New Dawn for 
     more than 180 consecutive days, any part of which occurred 
     after September 11, 2001, and before the date prescribed by 
     presidential proclamation or by law as the last day of 
     Operation Enduring Freedom, Operation Iraqi Freedom, or 
     Operation New Dawn (whichever is later), and who was 
     discharged or released from active duty in the armed forces 
     under honorable conditions.
       ``(D) `Persian Gulf veteran' means an individual who served 
     on active duty in the Armed Forces in the Southwest Asia 
     theater of operations during the Persian Gulf War for more 
     than 180 consecutive days, any part of which occurred after 
     August 2, 1990, and before the date prescribed by 
     presidential proclamation or by law, and who was discharged 
     or released from active duty in the armed forces under 
     honorable conditions.''; and
       (2) in paragraph (2) by striking ``Vietnam-era veterans and 
     disabled veterans'' and inserting ``Vietnam-era veterans, 
     Persian Gulf veterans, Afghanistan-Iraq war veterans, 
     disabled veterans, and small business concerns (as defined in 
     section 3 of the Small Business Act (15 U.S.C. 632)) owned 
     and controlled by disabled veterans''.

     SEC. 141. STANDARDIZING CERTIFICATION OF DISADVANTAGED 
                   BUSINESS ENTERPRISES.

       Section 47113 is amended by adding at the end the 
     following:
       ``(e) Mandatory Training Program.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall 
     establish a mandatory training program for persons described 
     in paragraph (3) to provide streamlined training on 
     certifying whether a small business concern qualifies as a 
     small business concern owned and controlled by socially and 
     economically disadvantaged individuals under this section and 
     section 47107(e).
       ``(2) Implementation.--The training program may be 
     implemented by one or more private entities approved by the 
     Secretary.
       ``(3) Participants.--A person referred to in paragraph (1) 
     is an official or agent of an airport sponsor--
       ``(A) who is required to provide a written assurance under 
     this section or section 47107(e) that the airport owner or 
     operator will meet the percentage goal of subsection (b) of 
     this section or section 47107(e)(1), as the case may be; or
       ``(B) who is responsible for determining whether or not a 
     small business concern qualifies as a small business concern 
     owned and controlled by socially and economically 
     disadvantaged individuals under this section or section 
     47107(e).''.

     SEC. 142. SPECIAL APPORTIONMENT RULES.

       (a) Eligibility To Receive Primary Airport Minimum 
     Apportionment Amount.--Section 47114(d) is amended by adding 
     at the end the following:
       ``(7) Eligibility to receive primary airport minimum 
     apportionment amount.--Notwithstanding any other provision of 
     this subsection, the Secretary may apportion to an airport 
     sponsor in a fiscal year an amount equal to the minimum 
     apportionment available under subsection (c)(1)(B) if the 
     Secretary finds that the airport--
       ``(A) received scheduled or unscheduled air service from a 
     large certificated air carrier (as defined in part 241 of 
     title 14, Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) in the calendar year used to 
     calculate the apportionment; and
       ``(B) had more than 10,000 passenger boardings in the 
     calendar year used to calculate the apportionment.''.
       (b) Special Rule for Fiscal Years 2011 and 2012.--Section 
     47114(c)(1) is amended--
       (1) by striking subparagraphs (F) and (G); and
       (2) by inserting after subparagraph (E) the following:
       ``(F) Special rule for fiscal years 2011 and 2012.--
     Notwithstanding subparagraph (A), for an airport that had 
     more than 10,000 passenger boardings and scheduled passenger 
     aircraft service in calendar year 2007, but in either 
     calendar year 2009 or 2010, or in both years, the number of 
     passenger boardings decreased to a level below 10,000 
     boardings per year at such airport, the Secretary may 
     apportion in each of fiscal years 2011 and 2012 to the 
     sponsor of such airport an amount equal to the amount 
     apportioned to that sponsor in fiscal year 2009.''.

     SEC. 143. APPORTIONMENTS.

       Chapter 471 is amended by striking ``$3,200,000,000'' and 
     inserting ``$3,000,000,000'' in each of the following 
     sections:
       (1) 47114(c)(1)(C).
       (2) 47114(c)(2)(C).
       (3) 47114(d)(3).
       (4) 47114(e)(4).
       (5) 47117(e)(1)(C).

     SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

       Section 47115(j) is amended by striking ``fiscal years 2004 
     through 2010, and for the portion of fiscal year 2011 ending 
     before April 1, 2011,'' and inserting ``fiscal years 2010 
     through 2014,''.

     SEC. 145. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

       (a) Considerations.--Section 47118(c) is amended--
       (1) in paragraph (1) by striking ``or'' after the 
     semicolon;
       (2) in paragraph (2) by striking ``delays.'' and inserting 
     ``delays; or''; and
       (3) by adding at the end the following:
       ``(3) preserve or enhance minimum airfield infrastructure 
     facilities at former military airports to support emergency 
     diversionary operations for transoceanic flights in 
     locations--
       ``(A) within United States jurisdiction or control; and
       ``(B) where there is a demonstrable lack of diversionary 
     airports within the distance or flight-time required by 
     regulations governing transoceanic flights.''.
       (b) Designation of General Aviation Airports.--Section 
     47118(g) is amended--
       (1) in the subsection heading by striking ``Airport'' and 
     inserting ``Airports''; and
       (2) by striking ``one of the airports bearing a designation 
     under subsection (a) may be a general aviation airport that 
     was a former military installation'' and inserting ``3 of the 
     airports bearing designations under subsection (a) may be 
     general aviation airports that were former military 
     installations''.
       (c) Safety-Critical Airports.--Section 47118 is amended by 
     adding at the end the following:
       ``(h) Safety-Critical Airports.--Notwithstanding any other 
     provision of this chapter, a grant under section 
     47117(e)(1)(B) may be made for a federally owned airport 
     designated under subsection (a) if the grant is for a project 
     that is--
       ``(1) to preserve or enhance minimum airfield 
     infrastructure facilities described in subsection (c)(3); and
       ``(2) necessary to meet the minimum safety and emergency 
     operational requirements established under part 139 of title 
     14, Code of Federal Regulations.''.

     SEC. 146. CONTRACT TOWER PROGRAM.

       (a) Cost-Benefit Requirement.--Section 47124(b) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Contract tower program.--
       ``(A) Continuation and extension.--The Secretary shall 
     continue the low activity (Visual Flight Rules) Level I air 
     traffic control tower contract program established under 
     subsection (a) for towers existing on December 30, 1987, and 
     shall extend the program to other low activity

[[Page 4862]]

     air traffic control towers for which a qualified entity (as 
     determined by the Secretary), a State, or a subdivision of 
     the State meeting the requirements set forth by the Secretary 
     has requested to participate in the program.
       ``(B) Special rule.--If the Secretary determines that a 
     tower already operating under the program continued under 
     this paragraph has a benefit-to-cost ratio of less than 1.0, 
     the airport sponsor or State or local government having 
     jurisdiction over the airport shall not be required to pay 
     the portion of the costs that exceeds the benefit for a 
     period of 18 months after such determination is made.
       ``(C) Use of excess funds.--If the Secretary finds that all 
     or part of an amount made available to carry out the program 
     continued under this paragraph is not required during a 
     fiscal year, the Secretary may use, during such fiscal year, 
     the amount not so required to carry out the program 
     established under paragraph (3).''; and
       (2) by striking ``(2) The Secretary'' and inserting the 
     following:
       ``(2) General authority.--The Secretary''.
       (b) Costs Exceeding Benefits.--Section 47124(b)(3)(D) is 
     amended--
       (1) by striking ``If the costs'' and inserting the 
     following:
       ``(i) Cost sharing.--If the costs''; and
       (2) by adding at the end the following:
       ``(ii) Maximum local cost share.--The maximum allowable 
     local cost share allocated under clause (i) for an airport 
     certified under part 139 of title 14, Code of Federal 
     Regulations, with fewer than 50,000 annual passenger 
     enplanements shall be capped at 20 percent of the cost of 
     operating an air traffic tower under the program.
       ``(iii) Sunset.--Clause (ii) shall not be in effect after 
     September 30, 2014.''.
       (c) Funding; Use of Excess Funds.--Section 47124(b)(3) is 
     amended by striking subparagraph (E) and inserting the 
     following:
       ``(E) Funding.--Of the amounts appropriated pursuant to 
     section 106(k)(1), not more than $8,500,000 for each of 
     fiscal years 2011 through 2014 may be used to carry out this 
     paragraph.
       ``(F) Use of excess funds.--If the Secretary finds that all 
     or part of an amount made available under this paragraph is 
     not required during a fiscal year, the Secretary may use, 
     during such fiscal year, the amount not so required to carry 
     out the program continued under paragraph (1).''.
       (d) Federal Share.--Section 47124(b)(4)(C) is amended by 
     striking ``$1,500,000'' and inserting ``$2,000,000''.
       (e) Safety Audits.--Section 47124 is amended by adding at 
     the end the following:
       ``(c) Safety Audits.--The Secretary shall establish uniform 
     standards and requirements for regular safety assessments of 
     air traffic control towers that receive funding under this 
     section.''.

     SEC. 147. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.

       (a) In General.--Section 47129 is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 47129. Resolution of disputes concerning airport 
       fees'';

       (2) by inserting ``and Foreign Air Carrier'' after 
     ``Carrier'' in the heading for subsection (d);
       (3) by inserting ``and foreign air carrier'' after 
     ``carrier'' in the heading for subsection (d)(2);
       (4) by striking ``air carrier'' each place it appears and 
     inserting ``air carrier or foreign air carrier'';
       (5) by striking ``air carrier's'' each place it appears and 
     inserting ``air carrier's or foreign air carrier's'';
       (6) by striking ``air carriers'' and inserting ``air 
     carriers or foreign air carriers''; and
       (7) by striking ``(as defined in section 40102 of this 
     title)'' in subsection (a) and inserting ``(as those terms 
     are defined in section 40102)''.
       (b) Conforming Amendment.--The analysis for chapter 471 is 
     amended by striking the item relating to section 47129 and 
     inserting the following:

``47129. Resolution of disputes concerning airport fees.''.

     SEC. 148. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.

       (a) In General.--Section 47133(b) is amended--
       (1) by striking ``Subsection (a) shall not apply if'' and 
     inserting the following:
       ``(1) Prior laws and agreements.--Subsection (a) shall not 
     apply if''; and
       (2) by adding at the end the following:
       ``(2) Sale of private airport to public sponsor.--In the 
     case of a privately owned airport, subsection (a) shall not 
     apply to the proceeds from the sale of the airport to a 
     public sponsor if--
       ``(A) the sale is approved by the Secretary;
       ``(B) funding is provided under this subchapter for any 
     portion of the public sponsor's acquisition of airport land; 
     and
       ``(C) an amount equal to the remaining unamortized portion 
     of any airport improvement grant made to that airport for 
     purposes other than land acquisition, amortized over a 20-
     year period, plus an amount equal to the Federal share of the 
     current fair market value of any land acquired with an 
     airport improvement grant made to that airport on or after 
     October 1, 1996, is repaid to the Secretary by the private 
     owner.
       ``(3) Treatment of repayments.--Repayments referred to in 
     paragraph (2)(C) shall be treated as a recovery of prior year 
     obligations.''.
       (b) Applicability to Grants.--The amendments made by 
     subsection (a) shall apply to grants issued on or after 
     October 1, 1996.

     SEC. 149. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN 
                   WASHINGTON AIRPORTS AUTHORITY.

       Section 49108, and the item relating to section 49108 in 
     the analysis for chapter 491, are repealed.

     SEC. 150. MIDWAY ISLAND AIRPORT.

       Section 186(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (117 Stat. 2518) is amended by striking 
     ``October 1, 2010, and for the portion of fiscal year 2011 
     ending before April 1, 2011,'' and inserting ``October 1, 
     2014,''.

     SEC. 151. MISCELLANEOUS AMENDMENTS.

       (a) Technical Changes to National Plan of Integrated 
     Airport Systems.--Section 47103 is amended--
       (1) in subsection (a)--
       (A) by striking ``each airport to--'' and inserting ``the 
     airport system to--'';
       (B) in paragraph (1) by striking ``system in the particular 
     area;'' and inserting ``system, including connection to the 
     surface transportation network; and'';
       (C) in paragraph (2) by striking ``; and'' and inserting a 
     period; and
       (D) by striking paragraph (3);
       (2) in subsection (b)--
       (A) in paragraph (1) by striking the semicolon and 
     inserting ``; and'';
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (C) in paragraph (2) (as so redesignated) by striking ``, 
     Short Takeoff and Landing/Very Short Takeoff and Landing 
     aircraft operations,''; and
       (3) in subsection (d) by striking ``status of the''.
       (b) Consolidation of Terminal Development Provisions.--
     Section 47119 is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (e), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Terminal Development Projects.--
       ``(1) In general.--The Secretary of Transportation may 
     approve a project for terminal development (including 
     multimodal terminal development) in a nonrevenue-producing 
     public-use area of a commercial service airport--
       ``(A) if the sponsor certifies that the airport, on the 
     date the grant application is submitted to the Secretary, 
     has--
       ``(i) all the safety equipment required for certification 
     of the airport under section 44706;
       ``(ii) all the security equipment required by regulation; 
     and
       ``(iii) provided for access by passengers to the area of 
     the airport for boarding or exiting aircraft that are not air 
     carrier aircraft;
       ``(B) if the cost is directly related to moving passengers 
     and baggage in air commerce within the airport, including 
     vehicles for moving passengers between terminal facilities 
     and between terminal facilities and aircraft; and
       ``(C) under terms necessary to protect the interests of the 
     Government.
       ``(2) Project in revenue-producing areas and nonrevenue-
     producing parking lots.--In making a decision under paragraph 
     (1), the Secretary may approve as allowable costs the 
     expenses of terminal development in a revenue-producing area 
     and construction, reconstruction, repair, and improvement in 
     a nonrevenue-producing parking lot if--
       ``(A) except as provided in section 47108(e)(3), the 
     airport does not have more than .05 percent of the total 
     annual passenger boardings in the United States; and
       ``(B) the sponsor certifies that any needed airport 
     development project affecting safety, security, or capacity 
     will not be deferred because of the Secretary's approval.'';
       (3) in subsection (b)(4)(B) (as redesignated by paragraph 
     (1) of this subsection) by striking ``Secretary of 
     Transportation'' and inserting ``Secretary'';
       (4) in subsections (b)(3) and (b)(4)(A) (as redesignated by 
     paragraph (1) of this subsection) by striking ``section 
     47110(d)'' and inserting ``subsection (a)'';
       (5) in subsection (b)(5) (as redesignated by paragraph (1) 
     of this subsection) by striking ``subsection (b)(1) and (2)'' 
     and inserting ``subsections (c)(1) and (c)(2)'';
       (6) in subsections (c)(2)(A), (c)(3), and (c)(4) (as 
     redesignated by paragraph (1) of this subsection) by striking 
     ``section 47110(d) of this title'' and inserting ``subsection 
     (a)'';
       (7) in subsection (c)(2)(B) (as redesignated by paragraph 
     (1) of this subsection) by striking ``section 47110(d)'' and 
     inserting ``subsection (a)'';
       (8) in subsection (c)(5) (as redesignated by paragraph (1) 
     of this subsection) by striking ``section 47110(d)'' and 
     inserting ``subsection (a)''; and
       (9) by adding at the end the following:
       ``(f) Limitation on Discretionary Funds.--The Secretary may 
     distribute not more than $20,000,000 from the discretionary 
     fund established under section 47115 for terminal development 
     projects at a nonhub airport or a small hub airport that is 
     eligible to receive discretionary funds under section 
     47108(e)(3).''.
       (c) Annual Report.--Section 47131(a) is amended--
       (1) by striking ``April 1'' and inserting ``June 1''; and
       (2) by striking paragraphs (1), (2), (3), and (4) and 
     inserting the following:
       ``(1) a summary of airport development and planning 
     completed;
       ``(2) a summary of individual grants issued;
       ``(3) an accounting of discretionary and apportioned funds 
     allocated;

[[Page 4863]]

       ``(4) the allocation of appropriations; and''.
       (d) Correction to Emission Credits Provision.--Section 
     47139 is amended--
       (1) in subsection (a) by striking ``47102(3)(F),''; and
       (2) in subsection (b)--
       (A) by striking ``47102(3)(F),''; and
       (B) by striking ``47103(3)(F),''.
       (e) Conforming Amendment to Civil Penalty Assessment 
     Authority.--Section 46301(d)(2) is amended by inserting 
     ``46319,'' after ``46318,''.
       (f) Other Conforming Amendments.--
       (1) Section 40117(a)(3)(B) is amended by striking ``section 
     47110(d)'' and inserting ``section 47119(a)''.
       (2) Section 47108(e)(3) is amended--
       (A) by striking ``section 47110(d)(2)'' and inserting 
     ``section 47119(a)''; and
       (B) by striking ``section 47110(d)'' and inserting 
     ``section 47119(a)''.
       (g) Correction to Surplus Property Authority.--Section 
     47151(e) is amended by striking ``(other than real property'' 
     and all that follows through ``(10 U.S.C. 2687 note))''.
       (h) Definitions.--
       (1) Congested airport.--Section 47175(2) is amended by 
     striking ``2001'' and inserting ``2004 or any successor 
     report''.
       (2) Joint use airport.--Section 47175 is amended by adding 
     at the end the following:
       ``(7) Joint use airport.--The term `joint use airport' 
     means an airport owned by the Department of Defense, at which 
     both military and civilian aircraft make shared use of the 
     airfield.''.

     SEC. 152. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND 
                   USE PLANNING AND PROJECTS BY STATE AND LOCAL 
                   GOVERNMENTS.

       Section 47141(f) is amended by striking ``March 31, 2011'' 
     and inserting ``September 30, 2014''.

     SEC. 153. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD 
                   WEATHER STATES.

       The Administrator of the Federal Aviation Administration, 
     to the extent practicable, shall schedule the Administrator's 
     review of construction projects so that projects to be 
     carried out in States in which the weather during a typical 
     calendar year prevents major construction projects from being 
     carried out before May 1 are reviewed as early as possible.

     SEC. 154. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT 
                   SYSTEMS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     begin a study to evaluate the formulation of the national 
     plan of integrated airport systems (in this section referred 
     to as the ``plan'') under section 47103 of title 49, United 
     States Code.
       (b) Contents of Study.--The study shall include a review of 
     the following:
       (1) The criteria used for including airports in the plan 
     and the application of such criteria in the most recently 
     published version of the plan.
       (2) The changes in airport capital needs as shown in the 
     2005-2009 and 2007-2011 plans, compared with the amounts 
     apportioned or otherwise made available to individual 
     airports between 2005 and 2010.
       (3) A comparison of the amounts received by airports under 
     the airport improvement program in airport apportionments, 
     State apportionments, and discretionary grants during such 
     fiscal years with capital needs as reported in the plan.
       (4) The effect of transfers of airport apportionments under 
     title 49, United States Code.
       (5) An analysis on the feasibility and advisability of 
     apportioning amounts under section 47114(c)(1) of title 49, 
     United States Code, to the sponsor of each primary airport 
     for each fiscal year an amount that bears the same ratio to 
     the amount subject to the apportionment for fiscal year 2009 
     as the number of passenger boardings at the airport during 
     the prior calendar year bears to the aggregate of all 
     passenger boardings at all primary airports during that 
     calendar year.
       (6) A documentation and review of the methods used by 
     airports to reach the 10,000 passenger enplanement threshold, 
     including whether such airports subsidize commercial flights 
     to reach such threshold, at every airport in the United 
     States that reported between 10,000 and 15,000 passenger 
     enplanements during each of the 2 most recent calendar years 
     for which such data is available.
       (7) Any other matters pertaining to the plan that the 
     Secretary determines appropriate.
       (c) Report to Congress.--
       (1) Submission.--Not later than 36 months after the date 
     that the Secretary begins the study under this section, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the study.
       (2) Contents.--The report shall include--
       (A) the findings of the Secretary on each of the issues 
     described in subsection (b);
       (B) recommendations for any changes to policies and 
     procedures for formulating the plan; and
       (C) recommendations for any changes to the methods of 
     determining the amounts to be apportioned or otherwise made 
     available to individual airports.

     SEC. 155. TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT 
                   TO AIRPORT SPONSORS.

       (a) In General.--Chapter 445 is amended by adding at the 
     end the following:

     ``Sec. 44518. Transfers of terminal area air navigation 
       equipment to airport sponsors

       ``(a) In General.--Subject to the requirements of this 
     section, the Administrator of the Federal Aviation 
     Administrator may carry out a pilot program under which the 
     Administrator may transfer ownership, operating, and 
     maintenance responsibilities for terminal area air navigation 
     equipment at an airport to the airport sponsor.
       ``(b) Participation.--The Administrator may select the 
     sponsors of not more than 3 nonhub airports, 3 small hub 
     airports, 3 medium hub airports, and 1 large hub airport to 
     participate in the pilot program.
       ``(c) Terms and Conditions of Transfer for Airport 
     Sponsors.--As a condition of participating in the pilot 
     program, the airport sponsor shall provide assurances 
     satisfactory to the Administrator that the sponsor will--
       ``(1) operate and maintain the terminal area air navigation 
     equipment transferred to the sponsor under this section in 
     accordance with standards to be established by the 
     Administrator;
       ``(2) permit the Administrator (or a person designated by 
     the Administrator) to conduct inspections of such terminal 
     area air navigation equipment under a schedule established by 
     the Administrator; and
       ``(3) acquire and maintain new terminal area air navigation 
     equipment at the airport as needed to replace equipment at 
     the end of its useful life or to meet new standards 
     established by the Administrator.
       ``(d) Terms and Conditions of Transfer for Administrator.--
     When the Administrator approves an airport sponsor's 
     participation in the pilot program, the Administrator shall 
     transfer, at no cost to the sponsor, all rights, title, and 
     interests of the United States in and to the terminal area 
     air navigation equipment to be transferred to the sponsor 
     under the program, including the real property on which the 
     equipment is located.
       ``(e) Treatment of Airport Costs.--Any costs incurred by an 
     airport sponsor for ownership and maintenance of terminal 
     area air navigation equipment transferred under this section 
     shall be considered a cost of providing airfield facilities 
     and services under standards and guidelines issued by the 
     Secretary of Transportation under section 47129(b)(2) and may 
     be recovered in rates and charges assessed for use of the 
     airport's airfield.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Sponsor.--The term `sponsor' has the meaning given 
     that term in section 47102.
       ``(2) Terminal area air navigation equipment.--The term 
     `terminal area air navigation equipment' means an air 
     navigation facility as defined in section 40102 that exists 
     to provide approach and landing guidance to aircraft, but 
     does not include buildings used for air traffic control 
     functions.
       ``(g) Guidelines.--The Administrator shall issue guidelines 
     on the implementation of the program.''.
       (b) Clerical Amendment.--The analysis for chapter 445 is 
     amended by adding at the end the following:

``44518. Transfers of terminal area air navigation equipment to airport 
              sponsors.''.

     SEC. 156. AIRPORT PRIVATIZATION PROGRAM.

       (a) Approval of Applications.--Section 47134(b) is 
     amended--
       (1) in the matter preceding paragraph (1) by striking ``5 
     airports'' and inserting ``10 airports''; and
       (2) paragraph (1)--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--The Secretary may grant an exemption to 
     an airport sponsor from the requirements of sections 47107(b) 
     and 47133 (and any other law, regulation, or grant assurance) 
     to the extent necessary to permit the sponsor to recover from 
     the sale or lease of the airport such amount as may be 
     approved by the Secretary after the sponsor has consulted--
       ``(i) in the case of a primary airport, with each air 
     carrier and foreign air carrier serving the airport, as 
     determined by the Secretary; and
       ``(ii) in the case of a nonprimary airport, with at least 
     65 percent of the owners of aircraft based at that airport, 
     as determined by the Secretary.''; and
       (B) by striking subparagraph (C).
       (b) Terms and Conditions.--Section 47134(c) is amended--
       (1) by striking paragraphs (4), (5), and (9);
       (2) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (4), (5), and (6), respectively; and
       (3) by adding at the end the following:
       ``(7) A fee imposed by the airport on an air carrier or 
     foreign air carrier may not include any portion for a return 
     on investment or recovery of principal with respect to 
     consideration paid to a public agency for the lease or sale 
     of the airport unless that portion of the fee is approved by 
     the air carrier or foreign air carrier.''.
       (c) Participation of Certain Airports.--Section 47134 is 
     amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e) through (m) as 
     subsections (d) through (l), respectively.
       (d) Applicability.--The amendments made by this section 
     shall apply with respect to an exemption issued to an airport 
     under section 47134 of title 49, United States Code, before, 
     on, or after the date of enactment of this Act.
  TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL 
                             MODERNIZATION

     SEC. 201. DEFINITIONS.

       In this title, the following definitions apply:

[[Page 4864]]

       (1) Nextgen.--The term ``NextGen'' means the Next 
     Generation Air Transportation System.
       (2) ADS-B.--The term ``ADS-B'' means automatic dependent 
     surveillance-broadcast.
       (3) ADS-B out.--The term ``ADS-B Out'' means automatic 
     dependent surveillance-broadcast with the ability to transmit 
     information from the aircraft to ground stations and to other 
     equipped aircraft.
       (4) ADS-B in.--The term ``ADS-B In'' means automatic 
     dependent surveillance-broadcast with the ability to transmit 
     information from the aircraft to ground stations and to other 
     equipped aircraft as well as the ability of the aircraft to 
     receive information from other transmitting aircraft and the 
     ground infrastructure.
       (5) RNAV.--The term ``RNAV'' means area navigation.
       (6) RNP.--The term ``RNP'' means required navigation 
     performance.

     SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.

       In allocating amounts appropriated pursuant to section 
     48101(a) of title 49, United States Code, the Secretary of 
     Transportation shall give priority to the following NextGen 
     activities:
       (1) NextGen demonstrations and infrastructure.
       (2) NextGen trajectory-based operations.
       (3) NextGen reduced weather impact.
       (4) NextGen high-density arrivals/departures.
       (5) NextGen collaborative air traffic management.
       (6) NextGen flexible terminals and airports.
       (7) NextGen safety, security, and environmental reviews.
       (8) NextGen networked facilities.
       (9) The Center for Advanced Aviation System Development.
       (10) NextGen system development.
       (11) Data communications system implementation.
       (12) ADS-B infrastructure deployment and operational 
     implementation.
       (13) Systemwide information management.
       (14) NextGen facility consolidation and realignment.
       (15) En route automation modernization.
       (16) National airspace system voice switch.
       (17) NextGen network enabled weather.

     SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO 
                   REIMBURSABLE AGREEMENTS.

       Section 106(m) is amended in the last sentence by inserting 
     ``with or'' before ``without reimbursement''.

     SEC. 204. CHIEF NEXTGEN OFFICER.

       Section 106 is amended by adding at the end the following:
       ``(s) Chief NextGen Officer.--
       ``(1) In general.--
       ``(A) Appointment.--There shall be a Chief NextGen Officer 
     appointed by the Administrator. The Chief NextGen Officer 
     shall report directly to the Administrator and shall be 
     subject to the authority of the Administrator.
       ``(B) Qualifications.--The Chief NextGen Officer shall have 
     a demonstrated ability in management and knowledge of or 
     experience in aviation and systems engineering.
       ``(C) Term.--The Chief NextGen Officer shall be appointed 
     for a term of 5 years.
       ``(D) Removal.--The Chief NextGen Officer shall serve at 
     the pleasure of the Administrator, except that the 
     Administrator shall make every effort to ensure stability and 
     continuity in the leadership of the implementation of 
     NextGen.
       ``(E) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of Chief NextGen Officer occurring before the 
     expiration of the term for which the individual's predecessor 
     was appointed shall be appointed for the remainder of that 
     term.
       ``(2) Compensation.--
       ``(A) In general.--The Chief NextGen Officer shall be paid 
     at an annual rate of basic pay to be determined by the 
     Administrator. The annual rate may not exceed the annual 
     compensation paid under section 102 of title 3. The Chief 
     NextGen Officer shall be subject to the postemployment 
     provisions of section 207 of title 18 as if the position of 
     Chief NextGen Officer were described in section 
     207(c)(2)(A)(i) of that title.
       ``(B) Bonus.--In addition to the annual rate of basic pay 
     authorized by subparagraph (A), the Chief NextGen Officer may 
     receive a bonus for any calendar year not to exceed 30 
     percent of the annual rate of basic pay, based upon the 
     Administrator's evaluation of the Chief NextGen Officer's 
     performance in relation to the performance goals set forth in 
     the performance agreement described in paragraph (3).
       ``(3) Annual performance agreement.--The Administrator and 
     the Chief NextGen Officer, in consultation with the Federal 
     Aviation Management Advisory Council, shall enter into an 
     annual performance agreement that sets forth measurable 
     organization and individual goals for the Chief NextGen 
     Officer in key operational areas. The agreement shall be 
     subject to review and renegotiation on an annual basis.
       ``(4) Annual performance report.--The Chief NextGen Officer 
     shall prepare and transmit to the Secretary of 
     Transportation, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the Committee 
     on Science and Technology of the House of Representatives, 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate an annual management report containing such 
     information as may be prescribed by the Secretary.
       ``(5) Responsibilities.--The responsibilities of the Chief 
     NextGen Officer include the following:
       ``(A) Implementing NextGen activities and budgets across 
     all program offices of the Federal Aviation Administration.
       ``(B) Coordinating the implementation of NextGen activities 
     with the Office of Management and Budget.
       ``(C) Reviewing and providing advice on the 
     Administration's modernization programs, budget, and cost 
     accounting system with respect to NextGen.
       ``(D) With respect to the budget of the Administration--
       ``(i) developing a budget request of the Administration 
     related to the implementation of NextGen;
       ``(ii) submitting such budget request to the Administrator; 
     and
       ``(iii) ensuring that the budget request supports the 
     annual and long-range strategic plans of the Administration 
     with respect to NextGen.
       ``(E) Consulting with the Administrator on the Capital 
     Investment Plan of the Administration prior to its submission 
     to Congress.
       ``(F) Developing an annual NextGen implementation plan.
       ``(G) Ensuring that NextGen implementation activities are 
     planned in such a manner as to require that system 
     architecture is designed to allow for the incorporation of 
     novel and currently unknown technologies into NextGen in the 
     future and that current decisions do not bias future 
     decisions unfairly in favor of existing technology at the 
     expense of innovation.
       ``(H) Coordinating with the NextGen Joint Planning and 
     Development Office with respect to facilitating cooperation 
     among all Federal agencies whose operations and interests are 
     affected by the implementation of NextGen.
       ``(6) Exception.--If the Administrator appoints as the 
     Chief NextGen Officer, pursuant to paragraph (1)(A), an 
     Executive Schedule employee covered by section 5315 of title 
     5, then paragraphs (1)(B), (1)(C), (2), and (3) of this 
     subsection shall not apply to such employee.
       ``(7) Nextgen defined.--For purposes of this subsection, 
     the term `NextGen' means the Next Generation Air 
     Transportation System.''.

     SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.

       Section 40102(a)(4) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E);
       (2) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) runway lighting and airport surface visual and other 
     navigation aids;
       ``(C) apparatus, equipment, software, or service for 
     distributing aeronautical and meteorological information to 
     air traffic control facilities or aircraft;
       ``(D) communication, navigation, or surveillance equipment 
     for air-to-ground or air-to-air applications;'';
       (3) in subparagraph (E) (as redesignated by paragraph (1) 
     of this section)--
       (A) by striking ``another structure'' and inserting ``any 
     structure, equipment,''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(F) buildings, equipment, and systems dedicated to the 
     national airspace system.''.

     SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

       Section 40110(c) is amended--
       (1) by inserting ``and'' after the semicolon in paragraph 
     (3);
       (2) by striking paragraph (4); and
       (3) by redesignating paragraph (5) as paragraph (4).

     SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

       Section 40113(e) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(whether public or private)'' after 
     ``authorities''; and
       (B) by striking ``safety.'' and inserting ``safety or 
     efficiency. The Administrator is authorized to participate 
     in, and submit offers in response to, competitions to provide 
     these services, and to contract with foreign aviation 
     authorities to provide these services consistent with section 
     106(l)(6).'';
       (2) in paragraph (2) by adding at the end the following: 
     ``The Administrator is authorized, notwithstanding any other 
     provision of law or policy, to accept payments for services 
     provided under this subsection in arrears.''; and
       (3) by striking paragraph (3) and inserting the following:
       ``(3) Crediting appropriations.--Funds received by the 
     Administrator pursuant to this section shall--
       ``(A) be credited to the appropriation current when the 
     amount is received;
       ``(B) be merged with and available for the purposes of such 
     appropriation; and
       ``(C) remain available until expended.''.

     SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT 
                   PLANNING AND DEVELOPMENT OFFICE.

       (a) Redesignation of JPDO Director to Associate 
     Administrator.--
       (1) Associate administrator for next generation air 
     transportation system planning, development, and interagency 
     coordination.--Section 709(a) of the Vision 100--Century of 
     Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 
     2582) is amended--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) The head of the Office shall be the Associate 
     Administrator for Next Generation Air Transportation System 
     Planning, Development, and Interagency Coordination, who 
     shall be appointed by the Administrator of the Federal

[[Page 4865]]

     Aviation Administration. The Administrator shall appoint the 
     Associate Administrator after consulting with the Chairman of 
     the Next Generation Senior Policy Committee and providing 
     advanced notice to the other members of that Committee.''.
       (2) Responsibilities.--Section 709(a)(3) of such Act (as 
     redesignated by paragraph (1) of this subsection) is 
     amended--
       (A) in subparagraph (G) by striking ``; and'' and inserting 
     a semicolon;
       (B) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(I) establishing specific quantitative goals for the 
     safety, capacity, efficiency, performance, and environmental 
     impacts of each phase of Next Generation Air Transportation 
     System planning and development activities and measuring 
     actual operational experience against those goals, taking 
     into account noise pollution reduction concerns of affected 
     communities to the extent practicable in establishing the 
     environmental goals;
       ``(J) working to ensure global interoperability of the Next 
     Generation Air Transportation System;
       ``(K) working to ensure the use of weather information and 
     space weather information in the Next Generation Air 
     Transportation System as soon as possible;
       ``(L) overseeing, with the Administrator and in 
     consultation with the Chief NextGen Officer, the selection of 
     products or outcomes of research and development activities 
     that should be moved to a demonstration phase; and
       ``(M) maintaining a baseline modeling and simulation 
     environment for testing and evaluating alternative concepts 
     to satisfy Next Generation Air Transportation System 
     enterprise architecture requirements.''.
       (3) Cooperation with other federal agencies.--Section 
     709(a)(4) of such Act (as redesignated by paragraph (1) of 
     this subsection) is amended--
       (A) by striking ``(4)'' and inserting ``(4)(A)''; and
       (B) by adding at the end the following:
       ``(B) The Secretary of Defense, the Administrator of the 
     National Aeronautics and Space Administration, the Secretary 
     of Commerce, the Secretary of Homeland Security, and the head 
     of any other Federal agency from which the Secretary of 
     Transportation requests assistance under subparagraph (A) 
     shall designate a senior official in the agency to be 
     responsible for--
       ``(i) carrying out the activities of the agency relating to 
     the Next Generation Air Transportation System in coordination 
     with the Office, including the execution of all aspects of 
     the work of the agency in developing and implementing the 
     integrated work plan described in subsection (b)(5);
       ``(ii) serving as a liaison for the agency in activities of 
     the agency relating to the Next Generation Air Transportation 
     System and coordinating with other Federal agencies involved 
     in activities relating to the System; and
       ``(iii) ensuring that the agency meets its obligations as 
     set forth in any memorandum of understanding executed by or 
     on behalf of the agency relating to the Next Generation Air 
     Transportation System.
       ``(C) The head of a Federal agency referred to in 
     subparagraph (B) shall--
       ``(i) ensure that the responsibilities of the agency 
     relating to the Next Generation Air Transportation System are 
     clearly communicated to the senior official of the agency 
     designated under subparagraph (B);
       ``(ii) ensure that the performance of the senior official 
     in carrying out the responsibilities of the agency relating 
     to the Next Generation Air Transportation System is reflected 
     in the official's annual performance evaluations and 
     compensation;
       ``(iii) establish or designate an office within the agency 
     to carry out its responsibilities under the memorandum of 
     understanding under the supervision of the designated 
     official; and
       ``(iv) ensure that the designated official has sufficient 
     budgetary authority and staff resources to carry out the 
     agency's Next Generation Air Transportation System 
     responsibilities as set forth in the integrated plan under 
     subsection (b).
       ``(D) Not later than 6 months after the date of enactment 
     of this subparagraph, the head of each Federal agency that 
     has responsibility for carrying out any activity under the 
     integrated plan under subsection (b) shall execute a 
     memorandum of understanding with the Office obligating that 
     agency to carry out the activity.''.
       (4) Coordination with omb.--Section 709(a) of such Act (117 
     Stat. 2582) is further amended by adding at the end the 
     following:
       ``(6)(A) The Office shall work with the Director of the 
     Office of Management and Budget to develop a process whereby 
     the Director will identify projects related to the Next 
     Generation Air Transportation System across the agencies 
     referred to in paragraph (4)(A) and consider the Next 
     Generation Air Transportation System as a unified, cross-
     agency program.
       ``(B) The Director of the Office of Management and Budget, 
     to the extent practicable, shall--
       ``(i) ensure that--
       ``(I) each Federal agency covered by the plan has 
     sufficient funds requested in the President's budget, as 
     submitted under section 1105(a) of title 31, United States 
     Code, for each fiscal year covered by the plan to carry out 
     its responsibilities under the plan; and
       ``(II) the development and implementation of the Next 
     Generation Air Transportation System remains on schedule;
       ``(ii) include, in the President's budget, a statement of 
     the portion of the estimated budget of each Federal agency 
     covered by the plan that relates to the activities of the 
     agency under the Next Generation Air Transportation System; 
     and
       ``(iii) identify and justify as part of the President's 
     budget submission any inconsistencies between the plan and 
     amounts requested in the budget.
       ``(7) The Associate Administrator of the Next Generation 
     Air Transportation System Planning, Development, and 
     Interagency Coordination shall be a voting member of the 
     Joint Resources Council of the Federal Aviation 
     Administration.''.
       (b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 
     2583) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``meets air'' and inserting ``meets 
     anticipated future air''; and
       (B) by striking ``beyond those currently included in the 
     Federal Aviation Administration's operational evolution 
     plan'';
       (2) at the end of paragraph (3) by striking ``and'';
       (3) at the end of paragraph (4) by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) a multiagency integrated work plan for the Next 
     Generation Air Transportation System that includes--
       ``(A) an outline of the activities required to achieve the 
     end-state architecture, as expressed in the concept of 
     operations and enterprise architecture documents, that 
     identifies each Federal agency or other entity responsible 
     for each activity in the outline;
       ``(B) details on a year-by-year basis of specific 
     accomplishments, activities, research requirements, 
     rulemakings, policy decisions, and other milestones of 
     progress for each Federal agency or entity conducting 
     activities relating to the Next Generation Air Transportation 
     System;
       ``(C) for each element of the Next Generation Air 
     Transportation System, an outline, on a year-by-year basis, 
     of what is to be accomplished in that year toward meeting the 
     Next Generation Air Transportation System's end-state 
     architecture, as expressed in the concept of operations and 
     enterprise architecture documents, as well as identifying 
     each Federal agency or other entity that will be responsible 
     for each component of any research, development, or 
     implementation program;
       ``(D) an estimate of all necessary expenditures on a year-
     by-year basis, including a statement of each Federal agency 
     or entity's responsibility for costs and available resources, 
     for each stage of development from the basic research stage 
     through the demonstration and implementation phase;
       ``(E) a clear explanation of how each step in the 
     development of the Next Generation Air Transportation System 
     will lead to the following step and of the implications of 
     not successfully completing a step in the time period 
     described in the integrated work plan;
       ``(F) a transition plan for the implementation of the Next 
     Generation Air Transportation System that includes date-
     specific milestones for the implementation of new 
     capabilities into the national airspace system;
       ``(G) date-specific timetables for meeting the 
     environmental goals identified in subsection (a)(3)(I); and
       ``(H) a description of potentially significant operational 
     or workforce changes resulting from deployment of the Next 
     Generation Air Transportation System.''.
       (c) NextGen Implementation Plan.--Section 709(d) of such 
     Act (117 Stat. 2584) is amended to read as follows:
       ``(d) NextGen Implementation Plan.--The Administrator shall 
     develop and publish annually the document known as the 
     NextGen Implementation Plan, or any successor document, that 
     provides a detailed description of how the agency is 
     implementing the Next Generation Air Transportation 
     System.''.
       (d) Contingency Planning.--The Associate Administrator for 
     the Next Generation Air Transportation System Planning, 
     Development, and Interagency Coordination shall, as part of 
     the design of the System, develop contingency plans for 
     dealing with the degradation of the System in the event of a 
     natural disaster, major equipment failure, or act of 
     terrorism.

     SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY 
                   COMMITTEE.

       (a) Meetings.--Section 710(a) of the Vision 100--Century of 
     Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 
     2584) is amended by inserting before the period at the end 
     the following ``and shall meet at least twice each year''.
       (b) Annual Report.--Section 710 of such Act (117 Stat. 
     2584) is amended by adding at the end the following:
       ``(e) Annual Report.--
       ``(1) Submission to congress.--Not later than one year 
     after the date of enactment of this subsection, and annually 
     thereafter on the date of submission of the President's 
     budget request to Congress under section 1105(a) of title 31, 
     United States Code, the Secretary shall submit to Congress a 
     report summarizing the progress made in carrying out the 
     integrated work plan required by section 709(b)(5) and any 
     changes in that plan.
       ``(2) Contents.--The report shall include--
       ``(A) a copy of the updated integrated work plan;
       ``(B) a description of the progress made in carrying out 
     the integrated work plan and any

[[Page 4866]]

     changes in that plan, including any changes based on funding 
     shortfalls and limitations set by the Office of Management 
     and Budget;
       ``(C) a detailed description of--
       ``(i) the success or failure of each item of the integrated 
     work plan for the previous year and relevant information as 
     to why any milestone was not met; and
       ``(ii) the impact of not meeting the milestone and what 
     actions will be taken in the future to account for the 
     failure to complete the milestone;
       ``(D) an explanation of any change to future years in the 
     integrated work plan and the reasons for such change; and
       ``(E) an identification of the levels of funding for each 
     agency participating in the integrated work plan devoted to 
     programs and activities under the plan for the previous 
     fiscal year and in the President's budget request.''.

     SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

       Section 40110(a) is amended by striking paragraphs (2) and 
     (3) and inserting the following:
       ``(2) may construct and improve laboratories and other test 
     facilities; and
       ``(3) may dispose of any interest in property for adequate 
     compensation, and the amount so received shall--
       ``(A) be credited to the appropriation current when the 
     amount is received;
       ``(B) be merged with and available for the purposes of such 
     appropriation; and
       ``(C) remain available until expended.''.

     SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST 
                   SERVICES.

       (a) Review by DOT Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct a review concerning the Federal 
     Aviation Administration's award and oversight of any 
     contracts entered into by the Administration to provide ADS-B 
     services for the national airspace system.
       (2) Contents.--The review shall include, at a minimum--
       (A) an examination of how the Administration manages 
     program risks;
       (B) an assessment of expected benefits attributable to the 
     deployment of ADS-B services, including the Administration's 
     plans for implementation of advanced operational procedures 
     and air-to-air applications, as well as the extent to which 
     ground radar will be retained;
       (C) an assessment of the Administration's analysis of 
     specific operational benefits, and benefit/costs analyses of 
     planned operational benefits conducted by the Administration, 
     for ADS-B In and ADS-B Out avionics equipage for airspace 
     users;
       (C) a determination of whether the Administration has 
     established sufficient mechanisms to ensure that all design, 
     acquisition, operation, and maintenance requirements have 
     been met by the contractor;
       (D) an assessment of whether the Administration and any 
     contractors are meeting cost, schedule, and performance 
     milestones, as measured against the original baseline of the 
     Administration's program for providing ADS-B services;
       (E) an assessment of how security issues are being 
     addressed in the overall design and implementation of the 
     ADS-B system; and
       (F) any other matters or aspects relating to contract 
     implementation and oversight that the Inspector General 
     determines merit attention.
       (3) Reports to congress.--The Inspector General shall 
     submit, periodically (and on at least an annual basis), to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under this subsection.
       (b) Rulemakings.--
       (1) ADS-B in.--Not later than one year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking 
     proceeding to issue guidelines and regulations relating to 
     ADS-B In technology that--
       (A) identify the ADS-B In technology that will be required 
     under NextGen;
       (B) subject to paragraph (2), require all aircraft 
     operating in capacity constrained airspace, at capacity 
     constrained airports, or in any other airspace deemed 
     appropriate by the Administrator to be equipped with ADS-B In 
     technology by 2020; and
       (C) identify--
       (i) the type of avionics required of aircraft for all 
     classes of airspace;
       (ii) the expected costs associated with the avionics; and
       (iii) the expected uses and benefits of the avionics.
       (2) Readiness verification.--Before the date on which all 
     aircraft are required to be equipped with ADS-B In technology 
     pursuant to rulemakings conducted under paragraph (1), the 
     Chief NextGen Officer shall verify that--
       (A) the necessary ground infrastructure is installed and 
     functioning properly;
       (B) certification standards have been approved; and
       (C) appropriate operational platforms interface safely and 
     efficiently.
       (c) Use of ADS-B Technology.--
       (1) Plans.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall develop, in 
     consultation with appropriate employee and industry groups, a 
     plan for the use of ADS-B technology for surveillance and 
     active air traffic control.
       (2) Contents.--The plan shall--
       (A) include provisions to test the use of ADS-B technology 
     for surveillance and active air traffic control in specific 
     regions of the United States with the most congested 
     airspace;
       (B) identify the equipment required at air traffic control 
     facilities and the training required for air traffic 
     controllers;
       (C) identify procedures, to be developed in consultation 
     with appropriate employee and industry groups, to conduct air 
     traffic management in mixed equipage environments; and
       (D) establish a policy in test regions referred to in 
     subparagraph (A), in consultation with appropriate employee 
     and industry groups, to provide incentives for equipage with 
     ADS-B technology, including giving priority to aircraft 
     equipped with such technology before the 2020 equipage 
     deadline.

     SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR 
                   NEXTGEN.

       (a) Review.--The Administrator of the Federal Aviation 
     Administration shall enter into an arrangement with the 
     National Research Council to review the enterprise 
     architecture for the NextGen.
       (b) Contents.--At a minimum, the review to be conducted 
     under subsection (a) shall--
       (1) highlight the technical activities, including human-
     system design, organizational design, and other safety and 
     human factor aspects of the system, that will be necessary to 
     successfully transition current and planned modernization 
     programs to the future system envisioned by the Joint 
     Planning and Development Office of the Administration;
       (2) assess technical, cost, and schedule risk for the 
     software development that will be necessary to achieve the 
     expected benefits from a highly automated air traffic 
     management system and the implications for ongoing 
     modernization projects; and
       (3) determine how risks with automation efforts for the 
     NextGen can be mitigated based on the experiences of other 
     public or private entities in developing complex, software-
     intensive systems.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report containing the 
     results of the review conducted pursuant to subsection (a).

     SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.

       (a) Airport Procedures.--
       (1) In general.--Not later than 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, flight path 
     service providers, and aircraft manufacturers that includes 
     the following:
       (A) RNP/RNAV operations.--The required navigation 
     performance and area navigation operations, including the 
     procedures 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 35 operational evolution partnership airports identified 
     by the Administration.
       (B) Coordination and implementation activities.--A 
     description of the activities and operational changes and 
     approvals required to coordinate and utilize those procedures 
     at those airports.
       (C) Implementation plan.--A plan for implementing those 
     procedures that establishes--
       (i) clearly defined budget, schedule, project organization, 
     and leadership requirements;
       (ii) specific implementation and transition steps; and
       (iii) baseline and performance metrics for--

       (I) measuring the Administration's progress in implementing 
     the plan, including the percentage utilization of required 
     navigation performance in the national airspace system; and
       (II) achieving measurable fuel burn and carbon dioxide 
     emissions reductions compared to current performance; and

       (iv) expedited environmental review procedures for timely 
     environmental approval of area navigation and required 
     navigation performance that offer significant efficiency 
     improvements as determined by baseline and performance 
     metrics under clause (iii).
       (D) Additional procedures.--A process for the 
     identification, certification, and publication of additional 
     required navigation performance and area navigation 
     procedures that may be required at such airports in the 
     future.
       (2) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 30 percent of the required procedures not later than 18 
     months after the date of enactment of this Act;
       (B) 60 percent of the procedures not later than 36 months 
     after the date of enactment of this Act; and
       (C) 100 percent of the procedures before June 30, 2015.
       (b) Establishment of Priorities.--The Administrator shall 
     extend the charter of the Performance Based Navigation 
     Aviation Rulemaking Committee as necessary to establish 
     priorities for the development, certification, publication, 
     and implementation of the navigation performance and area 
     navigation procedures based on their potential safety and 
     efficiency benefits to other airports in the national 
     airspace system, including small and medium hub airports.
       (c) Coordinated and Expedited Review.--Navigation 
     performance and area navigation

[[Page 4867]]

     procedures developed, certified, published, and implemented 
     under this section shall be presumed to be covered by a 
     categorical exclusion (as defined in section 1508.4 of title 
     40, Code of Federal Regulations) under chapter 3 of FAA Order 
     1050.1E unless the Administrator determines that 
     extraordinary circumstances exist with respect to the 
     procedure.
       (d) Deployment Plan for Nationwide Data Communications 
     System.--Not later than one year after the date of enactment 
     of this Act, the Administrator shall submit to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a plan for implementation of a 
     nationwide data communications system. The plan shall 
     include--
       (1) clearly defined budget, schedule, project organization, 
     and leadership requirements;
       (2) specific implementation and transition steps; and
       (3) baseline and performance metrics for measuring the 
     Administration's progress in implementing the plan.
       (e) Improved Performance Standards.--
       (1) Assessment of work being performed under nextgen 
     implementation plan.--The Administrator shall clearly outline 
     in the NextGen Implementation Plan document of the 
     Administration the work being performed under the plan to 
     determine--
       (A) whether utilization of ADS-B, RNP, and other 
     technologies as part of NextGen implementation will display 
     the position of aircraft more accurately and frequently so as 
     to enable a more efficient use of existing airspace and 
     result in reduced consumption of aviation fuel and aircraft 
     engine emissions; and
       (B) the feasibility of reducing aircraft separation 
     standards in a safe manner as a result of the implementation 
     of such technologies.
       (2) Aircraft separation standards.--If the Administrator 
     determines that the standards referred to in paragraph (1)(B) 
     can be reduced safely, the Administrator shall include in the 
     NextGen Implementation Plan a timetable for implementation of 
     such reduced standards.
       (f) Third-Party Usage.--The Administration shall establish 
     a program under which the Administration will use third 
     parties in the development, testing, and maintenance of 
     flight procedures.

     SEC. 214. PERFORMANCE METRICS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish and begin tracking 
     national airspace system performance metrics, including, at a 
     minimum, metrics with respect to--
       (1) actual arrival and departure rates per hour measured 
     against the currently published aircraft arrival rate and 
     aircraft departure rate for the 35 operational evolution 
     partnership airports;
       (2) average gate-to-gate times;
       (3) fuel burned between key city pairs;
       (4) operations using the advanced navigation procedures, 
     including performance based navigation procedures;
       (5) the average distance flown between key city pairs;
       (6) the time between pushing back from the gate and taking 
     off;
       (7) continuous climb or descent;
       (8) average gate arrival delay for all arrivals;
       (9) flown versus filed flight times for key city pairs;
       (10) implementation of NextGen Implementation Plan, or any 
     successor document, capabilities designed to reduce emissions 
     and fuel consumption;
       (11) the Administration's unit cost of providing air 
     traffic control services; and
       (12) runway safety, including runway incursions, 
     operational errors, and loss of standard separation events.
       (b) Baselines.--The Administrator, in consultation with 
     aviation industry stakeholders, shall identify baselines for 
     each of the metrics established under subsection (a) and 
     appropriate methods to measure deviations from the baselines.
       (c) Publication.--The Administrator shall make data 
     obtained under subsection (a) available to the public in a 
     searchable, sortable, and downloadable format through the Web 
     site of the Administration and other appropriate media.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that contains--
       (1) a description of the metrics that will be used to 
     measure the Administration's progress in implementing NextGen 
     capabilities and operational results;
       (2) information on any additional metrics developed; and
       (3) a process for holding the Administration accountable 
     for meeting or exceeding the metrics baselines identified in 
     subsection (b).

     SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall develop a plan to accelerate and streamline the process 
     for certification of NextGen technologies, including--
       (1) establishment of updated project plans and timelines;
       (2) identification of the specific activities needed to 
     certify NextGen technologies, including the establishment of 
     NextGen technical requirements for the manufacture of 
     equipage, installation of equipage, airline operational 
     procedures, pilot training standards, air traffic control 
     procedures, and air traffic controller training;
       (3) identification of staffing requirements for the Air 
     Certification Service and the Flight Standards Service, 
     taking into consideration the leveraging of assistance from 
     third parties and designees;
       (4) establishment of a program under which the 
     Administration will use third parties in the certification 
     process; and
       (5) establishment of performance metrics to measure the 
     Administration's progress.

     SEC. 216. SURFACE SYSTEMS ACCELERATION.

       (a) In General.--The Chief Operating Officer of the Air 
     Traffic Organization shall--
       (1) evaluate the Airport Surface Detection Equipment-Model 
     X program for its potential contribution to implementation of 
     the NextGen initiative;
       (2) evaluate airport surveillance technologies and 
     associated collaborative surface management software for 
     potential contributions to implementation of NextGen surface 
     management;
       (3) accelerate implementation of the program referred to in 
     paragraph (1); and
       (4) carry out such additional duties as the Administrator 
     of the Federal Aviation Administration may require.
       (b) Expedited Certification and Utilization.--The 
     Administrator shall--
       (1) consider options for expediting the certification of 
     Ground-Based Augmentation System technology; and
       (2) develop a plan to utilize such a system at the 35 
     operational evolution partnership airports by September 30, 
     2012.

     SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL 
                   MODERNIZATION PROJECTS.

       (a) Process for Employee Inclusion.--Notwithstanding any 
     other law or agreement, the Administrator of the Federal 
     Aviation Administration shall establish a process or 
     processes for including qualified employees to serve in a 
     collaborative and expert capacity in the planning and 
     development of air traffic control modernization projects, 
     including NextGen.
       (b) Adherence to Deadlines.--Participants in these 
     processes shall adhere to all deadlines and milestones 
     established pursuant to this title.
       (c) No Change in Employee Status.--Participation in these 
     processes by an employee shall not--
       (1) serve as a waiver of any bargaining obligations or 
     rights;
       (2) entitle the employee to any additional compensation or 
     benefits; or
       (3) entitle the employee to prevent or unduly delay the 
     exercise of management prerogatives.
       (d) Working Groups.--Except in extraordinary circumstances, 
     the Administrator shall not pay overtime related to work 
     group participation.
       (e) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall report to 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate concerning the disputes 
     between participating employees and Administration management 
     that have led to delays to the implementation of NextGen, 
     including information on the source of the dispute, the 
     resulting length of delay, and associated cost increases.

     SEC. 218. SITING OF WIND FARMS NEAR FAA NAVIGATIONAL AIDS AND 
                   OTHER ASSETS.

       (a) Survey and Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, in order to address safety and 
     operational concerns associated with the construction, 
     alteration, establishment, or expansion of wind farms in 
     proximity to critical Federal Aviation Administration 
     facilities, the Administrator of the Federal Aviation 
     Administration shall complete a survey and assessment of 
     leases for critical Administration facility sites, 
     including--
       (A) an inventory of the leases that describes, for each 
     such lease--
       (i) the periodic cost, location, site, terms, number of 
     years remaining, and lessor;
       (ii) other Administration facilities that share the 
     leasehold, including surveillance and communications 
     equipment; and
       (iii) the type of transmission services supported, 
     including the terms of service, cost, and support contract 
     obligations for the services; and
       (B) a list of those leases for facilities located in or 
     near areas suitable for the construction and operation of 
     wind farms, as determined by the Administrator in 
     consultation with the Secretary of Energy.
       (2) Memorandum of understanding.--The Administrator and the 
     Secretary of Energy shall enter into a memorandum of 
     understanding regarding the use and distribution of the list 
     referred to in paragraph (1)(B), including considerations of 
     privacy and proprietary information, database development, or 
     other relevant applications.
       (3) Report.--Upon completion of the survey and assessment, 
     the Administrator shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and the Comptroller General containing 
     the Administrator's findings, conclusions, and 
     recommendations.
       (b) GAO Assessment.--Not later than 180 days after 
     receiving the Administrator's report

[[Page 4868]]

     under subsection (a)(3), the Comptroller General, in 
     consultation with the Administrator and other interested 
     parties, shall report on--
       (1) the current and potential impact of wind farms on the 
     national airspace system;
       (2) the extent to which the Department of Defense and the 
     Administration have guidance, processes, and procedures in 
     place to evaluate the impact of wind farms on the 
     implementation of the NextGen air traffic control system; and
       (3) potential mitigation strategies, if necessary, to 
     ensure that wind farms do not have an adverse impact on the 
     implementation of the Next Generation air traffic control 
     system, including the installation of navigational aids 
     associated with that system.
       (c) Issuance of Guidelines.--Not later than 180 days after 
     the Administrator receives the Comptroller's recommendations, 
     the Administrator shall consult with State, Federal, and 
     industry stakeholders and publish guidelines for the 
     construction and operation of wind farms that are to be 
     located in proximity to critical Administration facilities. 
     The guidelines may include--
       (1) the establishment of a zone system for wind farms based 
     on proximity to critical Administration assets;
       (2) the establishment of turbine height and density 
     limitations on such wind farms; and
       (3) any other requirements or recommendations designed to 
     address Administration safety or operational concerns related 
     to the construction, alteration, establishment, or expansion 
     of such wind farms.
       (d) Reports.--The Administrator and the Comptroller General 
     shall provide a copy of reports under subsections (a) and 
     (b), respectively, to--
       (1) the Committee on Commerce, Science, and Transportation, 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on Armed Services of the Senate; and
       (2) the Committee on Transportation and Infrastructure, the 
     Committee on Homeland Security, the Committee on Armed 
     Services, and the Committee on Science and Technology of the 
     House of Representatives.

     SEC. 219. AIRSPACE REDESIGN.

       (a) Findings.--Congress finds the following:
       (1) The airspace redesign efforts of the Federal Aviation 
     Administration will play a critical near-term role in 
     enhancing capacity, reducing delays, transitioning to more 
     flexible routing, and ultimately saving money in fuel costs 
     for airlines and airspace users.
       (2) The critical importance of airspace redesign efforts is 
     underscored by the fact that they are highlighted in 
     strategic plans of the Administration, including Flight Plan 
     2009-2013 and the NextGen Implementation Plan.
       (3) Funding cuts have led to delays and deferrals of 
     critical capacity enhancing airspace redesign efforts.
       (4) Several new runways planned for the period of fiscal 
     years 2011 and 2012 will not provide estimated capacity 
     benefits without additional funds.
       (b) Noise Impacts of New York/New Jersey/Philadelphia 
     Metropolitan Area Airspace Redesign.--
       (1) Monitoring.--The Administrator of the Federal Aviation 
     Administration, in conjunction with the Port Authority of New 
     York and New Jersey and the Philadelphia International 
     Airport, shall monitor the noise impacts of the New York/New 
     Jersey/Philadelphia Metropolitan Area Airspace Redesign.
       (2) Report.--Not later than one year following the first 
     day of completion of the New York/New Jersey/Philadelphia 
     Metropolitan Area Airspace Redesign, the Administrator shall 
     submit to Congress a report on the findings of the 
     Administrator with respect to monitoring conducted under 
     paragraph (1).

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

     SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

       (a) Judicial Review of NTSB Decisions.--Section 44703(d) is 
     amended by adding at the end the following:
       ``(3) A person who is substantially affected by an order of 
     the Board under this subsection, or the Administrator if the 
     Administrator decides that an order of the Board will have a 
     significant adverse impact on carrying out this subtitle, may 
     seek judicial review of the order under section 46110. The 
     Administrator shall be made a party to the judicial review 
     proceedings. The findings of fact of the Board in any such 
     case are conclusive if supported by substantial evidence.''.
       (b) Conforming Amendment.--Section 1153(c) is amended by 
     striking ``section 44709 or'' and inserting ``section 
     44703(d), 44709, or''.

     SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE 
                   CERTIFICATES AND SUPPLEMENTAL TYPE 
                   CERTIFICATES.

       Section 44704(a) is amended by adding at the end the 
     following:
       ``(5) Release of data.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administrator may make available upon request, to a 
     person seeking to maintain the airworthiness or develop 
     product improvements of an aircraft, engine, propeller, or 
     appliance, engineering data in the possession of the 
     Administration relating to a type certificate or a 
     supplemental type certificate for such aircraft, engine, 
     propeller, or appliance, without the consent of the owner of 
     record, if the Administrator determines that--
       ``(i) the certificate containing the requested data has 
     been inactive for 3 or more years, except that the 
     Administrator may reduce this time if required to address an 
     unsafe condition associated with the product;
       ``(ii) after using due diligence, the Administrator is 
     unable to find the owner of record, or the owner of record's 
     heir, of the type certificate or supplemental type 
     certificate; and
       ``(iii) making such data available will enhance aviation 
     safety.
       ``(B) Engineering data defined.--In this section, the term 
     `engineering data' as used with respect to an aircraft, 
     engine, propeller, or appliance means type design drawing and 
     specifications for the entire aircraft, engine, propeller, or 
     appliance or change to the aircraft, engine, propeller, or 
     appliance, including the original design data, and any 
     associated supplier data for individual parts or components 
     approved as part of the particular certificate for the 
     aircraft, engine, propeller, or appliance.
       ``(C) Requirement to maintain data.--The Administrator 
     shall maintain engineering data in the possession of the 
     Administration relating to a type certificate or a 
     supplemental type certificate that has been inactive for 3 or 
     more years.''.

     SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.

       (a) In General.--Section 44704(e) is amended to read as 
     follows:
       ``(e) Design and Production Organization Certificates.--
       ``(1) Issuance.--Beginning January 1, 2013, the 
     Administrator may issue a certificate to a design 
     organization, production organization, or design and 
     production organization to authorize the organization to 
     certify compliance of aircraft, aircraft engines, propellers, 
     and appliances with the requirements and minimum standards 
     prescribed under section 44701(a). An organization holding a 
     certificate issued under this subsection shall be known as a 
     certified design and production organization (in this 
     subsection referred to as a `CDPO').
       ``(2) Applications.--On receiving an application for a CDPO 
     certificate, the Administrator shall examine and rate the 
     organization submitting the application, in accordance with 
     regulations to be prescribed by the Administrator, to 
     determine whether the organization has adequate engineering, 
     design, and production capabilities, standards, and 
     safeguards to make certifications of compliance as described 
     in paragraph (1).
       ``(3) Issuance of certificates based on cdpo findings.--The 
     Administrator may rely on certifications of compliance by a 
     CDPO when making determinations under this section.
       ``(4) Public safety.--The Administrator shall include in a 
     CDPO certificate terms required in the interest of safety.
       ``(5) No effect on power of revocation.--Nothing in this 
     subsection affects the authority of the Secretary of 
     Transportation to revoke a certificate.''.
       (b) Applicability.--Before January 1, 2013, the 
     Administrator of the Federal Aviation Administration may 
     continue to issue certificates under section 44704(e) of 
     title 49, United States Code, as in effect on the day before 
     the date of enactment of this Act.
       (c) Clerical Amendments.--Chapter 447 is amended--
       (1) in the heading for section 44704 by striking ``and 
     design organization certificates'' and inserting ``, and 
     design and production organization certificates''; and
       (2) in the analysis for such chapter by striking the item 
     relating to section 44704 and inserting the following:

       ``44704. Type certificates, production certificates, 
           airworthiness certificates, and design and production 
           organization certificates.''.

     SEC. 304. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.

       (a) General.--The Administrator of the Federal Aviation 
     Administration, in consultation with representatives of the 
     aviation industry, shall conduct an assessment of the 
     certification and approval process under section 44704 of 
     title 49, United States Code.
       (b) Contents.--In conducting the assessment, the 
     Administrator shall consider--
       (1) the expected number of applications for product 
     certifications and approvals the Administrator will receive 
     under section 44704 of such title in the 1-year, 5-year, and 
     10-year periods following the date of enactment of this Act;
       (2) process reforms and improvements necessary to allow the 
     Administrator to review and approve the applications in a 
     fair and timely fashion;
       (3) the status of recommendations made in previous reports 
     on the Administration's certification process;
       (4) methods for enhancing the effective use of delegation 
     systems, including organizational designation authorization;
       (5) methods for training the Administration's field office 
     employees in the safety management system and auditing; and
       (6) the status of updating airworthiness requirements, 
     including implementing recommendations in the 
     Administration's report entitled ``Part 23--Small Airplane 
     Certification Process Study'' (OK-09-3468, dated July 2009).
       (c) Recommendations.--In conducting the assessment, the 
     Administrator shall make recommendations to improve 
     efficiency and reduce costs through streamlining and 
     reengineering the certification process under section 44704 
     of such title to ensure that the Administrator can conduct 
     certifications and approvals under such section in a manner 
     that supports and enables the development of new products and 
     technologies and the global competitiveness of the United 
     States aviation industry.

[[Page 4869]]

       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the assessment, together with an explanation of how the 
     Administrator will implement recommendations made under 
     subsection (c) and measure the effectiveness of the 
     recommendations.
       (e) Implementation of Recommendations.--Not later than one 
     year after the date of enactment of this Act, the 
     Administrator shall begin to implement the recommendations 
     made under subsection (c).

     SEC. 305. CONSISTENCY OF REGULATORY INTERPRETATION.

       (a) Establishment of Advisory Panel.--Not later than 90 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     establish an advisory panel comprised of both Government and 
     industry representatives to--
       (1) review the October 2010 report by the Government 
     Accountability Office on certification and approval processes 
     (GAO-11-14); and
       (2) develop recommendations to address the findings in the 
     report and other concerns raised by interested parties, 
     including representatives of the aviation industry.
       (b) Matters To Be Considered.--The advisory panel shall--
       (1) determine the root causes of inconsistent 
     interpretation of regulations by the Administration's Flight 
     Standards Service and Aircraft Certification Service;
       (2) develop recommendations to improve the consistency of 
     interpreting regulations by the Administration's Flight 
     Standards Service and Aircraft Certification Service; and
       (3) develop recommendations to improve communications 
     between the Administration's Flight Standards Service and 
     Aircraft Certification Service and applicants and certificate 
     and approval holders for the identification and resolution of 
     potentially adverse issues in an expeditious and fair manner.
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall transmit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     findings of the advisory panel, together with an explanation 
     of how the Administrator will implement the recommendations 
     of the advisory panel and measure the effectiveness of the 
     recommendations.

     SEC. 306. RUNWAY SAFETY.

       (a) Strategic Runway Safety Plan.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop and submit to Congress 
     a report containing a strategic runway safety plan.
       (2) Contents of plan.--The strategic runway safety plan--
       (A) shall include, at a minimum--
       (i) goals to improve runway safety;
       (ii) near and long term actions designed to reduce the 
     severity, number, and rate of runway incursions, losses of 
     standard separation, and operational errors;
       (iii) time frames and resources needed for the actions 
     described in clause (ii);
       (iv) a continuous evaluative process to track performance 
     toward the goals referred to in clause (i); and
       (v) a review of every commercial service airport (as 
     defined in section 47102 of title 49, United States Code) in 
     the United States and proposed action to improve airport 
     lighting, provide better signs, and improve runway and 
     taxiway markings; and
       (B) shall address the increased runway safety risk 
     associated with the expected increased volume of air traffic.
       (b) Process.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall develop a 
     process for tracking and investigating operational errors, 
     losses of standard separation, and runway incursions that 
     includes procedures for--
       (1) identifying who is responsible for tracking operational 
     errors, losses of standard separation, and runway incursions, 
     including a process for lower level employees to report to 
     higher supervisory levels and for frontline managers to 
     receive the information in a timely manner;
       (2) conducting periodic random audits of the oversight 
     process; and
       (3) ensuring proper accountability.
       (c) Plan for Installation and Deployment of Systems To 
     Provide Alerts of Potential Runway Incursions.--Not later 
     than December 31, 2011, the Administrator shall submit to 
     Congress a report containing a plan for the installation and 
     deployment of systems the Administrator is installing to 
     alert controllers or flight crewmembers, or both, of 
     potential runway incursions. The plan shall be integrated 
     into the annual NextGen Implementation Plan document of the 
     Administration or any successor document.

     SEC. 307. IMPROVED PILOT LICENSES.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall begin to issue improved pilot 
     licenses consistent with the requirements of title 49, United 
     States Code, and title 14, Code of Federal Regulations.
       (b) Requirements.--Improved pilot licenses issued under 
     subsection (a) shall--
       (1) be resistant to tampering, alteration, and 
     counterfeiting;
       (2) include a photograph of the individual to whom the 
     license is issued; and
       (3) be capable of accommodating a digital photograph, a 
     biometric identifier, and any other unique identifier that 
     the Administrator considers necessary.
       (c) Tampering.--To the extent practical, the Administrator 
     shall develop methods to determine or reveal whether any 
     component or security feature of a license issued under 
     subsection (a) has been tampered with, altered, or 
     counterfeited.
       (d) Use of Designees.--The Administrator may use designees 
     to carry out subsection (a) to the extent feasible in order 
     to minimize the burdens on pilots.
       (e) Report.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the issuance of improved pilot licenses 
     under this section.
       (2) Expiration.--The Administrator shall not be required to 
     submit annual reports under this subsection after the date on 
     which the Administrator begins issuing improved pilot 
     licenses under this section or December 31, 2015, whichever 
     occurs first.

     SEC. 308. FLIGHT ATTENDANT FATIGUE.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration, acting through the Civil Aerospace Medical 
     Institute, shall conduct a study on the issue of flight 
     attendant fatigue.
       (b) Contents.--The study shall include the following:
       (1) A survey of field operations of flight attendants.
       (2) A study of incident reports regarding flight attendant 
     fatigue.
       (3) A review of international policies and practices 
     regarding flight limitations and rest of flight attendants.
       (4) An analysis of potential benefits of training flight 
     attendants regarding fatigue.
       (c) Report.--Not later than September 30, 2012, the 
     Administrator shall submit to Congress a report on the 
     results of the study.

     SEC. 309. FLIGHT STANDARDS EVALUATION PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall modify the Flight Standards 
     Evaluation Program--
       (1) to include periodic and random reviews as part of the 
     Administration's oversight of air carriers; and
       (2) to prohibit an individual from participating in a 
     review or audit of an office with responsibility for an air 
     carrier under the program if the individual, at any time in 
     the 5-year period preceding the date of the review or audit, 
     had responsibility for inspecting, or overseeing the 
     inspection of, the operations of that carrier.
       (b) Annual Report.--Not later than one year after the date 
     of enactment of this Act, and annually thereafter, the 
     Administrator shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the Flight Standards Evaluation 
     Program, including the Administrator's findings and 
     recommendations with respect to the program.
       (c) Flight Standards Evaluation Program Defined.--In this 
     section, the term ``Flight Standards Evaluation Program'' 
     means the program established by the Federal Aviation 
     Administration in FS 1100.1B CHG3, including any subsequent 
     revisions thereto.

     SEC. 310. COCKPIT SMOKE.

       (a) Study.--The Comptroller General shall conduct a study 
     on the effectiveness of oversight activities of the Federal 
     Aviation Administration relating to the use of new 
     technologies to prevent or mitigate the effects of dense, 
     continuous smoke in the cockpit of a commercial aircraft.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 311. SAFETY OF AIR AMBULANCE OPERATIONS.

       (a) In General.--Chapter 447 is amended by adding at the 
     end the following:

     ``Sec. 44730. Helicopter air ambulance operations

       ``(a) Compliance Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     later than 6 months after the date of enactment of this 
     section, part 135 certificate holders providing air ambulance 
     services shall comply, whenever medical personnel are onboard 
     the aircraft, with regulations pertaining to weather minimums 
     and flight and duty time under part 135.
       ``(2) Exception.--If a certificate holder described in 
     paragraph (1) is operating, or carrying out training, under 
     instrument flight rules, the weather reporting requirement at 
     the destination shall not apply until such time as the 
     Administrator of the Federal Aviation Administration 
     determines that portable, reliable, and accurate ground-based 
     weather measuring and reporting systems are available.
       ``(b) Rulemaking.--The Administrator shall conduct a 
     rulemaking proceeding to improve the safety of flight 
     crewmembers, medical personnel, and passengers onboard 
     helicopters providing air ambulance services under part 135.
       ``(c) Matters To Be Addressed.--In conducting the 
     rulemaking proceeding under subsection (b), the Administrator 
     shall address the following:

[[Page 4870]]

       ``(1) Flight request and dispatch procedures, including 
     performance-based flight dispatch procedures.
       ``(2) Pilot training standards, including--
       ``(A) mandatory training requirements, including a minimum 
     time for completing the training requirements;
       ``(B) training subject areas, such as communications 
     procedures and appropriate technology use; and
       ``(C) establishment of training standards in--
       ``(i) crew resource management;
       ``(ii) flight risk evaluation;
       ``(iii) preventing controlled flight into terrain;
       ``(iv) recovery from inadvertent flight into instrument 
     meteorological conditions;
       ``(v) operational control of the pilot in command; and
       ``(vi) use of flight simulation training devices and line-
     oriented flight training.
       ``(3) Safety-enhancing technology and equipment, 
     including--
       ``(A) helicopter terrain awareness and warning systems;
       ``(B) radar altimeters;
       ``(C) devices that perform the function of flight data 
     recorders and cockpit voice recorders, to the extent 
     feasible; and
       ``(D) safety equipment that should be worn or used by 
     flight crewmembers and medical personnel on a flight, 
     including the possible use of shoulder harnesses, helmets, 
     seatbelts, and fire resistant clothing to enhance crash 
     survivability.
       ``(4) Such other matters as the Administrator considers 
     appropriate.
       ``(d) Minimum Requirements.--In issuing a final rule under 
     subsection (b), the Administrator, at a minimum, shall 
     provide for the following:
       ``(1) Flight risk evaluation program.--The Administrator 
     shall ensure that a part 135 certificate holder providing 
     helicopter air ambulance services--
       ``(A) establishes a flight risk evaluation program, based 
     on FAA Notice 8000.301 issued by the Administration on August 
     1, 2005, including any updates thereto;
       ``(B) as part of the flight risk evaluation program, 
     develops a checklist for use by pilots in determining whether 
     a flight request should be accepted; and
       ``(C) requires the pilots of the certificate holder to use 
     the checklist.
       ``(2) Operational control center.--The Administrator shall 
     ensure that a part 135 certificate holder providing 
     helicopter air ambulance services using 10 or more 
     helicopters has an operational control center that meets such 
     requirements as the Administrator may prescribe.
       ``(e) Rulemaking.--The Administrator shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, issue a notice of proposed rulemaking under 
     subsection (b); and
       ``(2) not later than 16 months after the last day of the 
     comment period on the proposed rule, issue a final rule.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Part 135.--The term `part 135' means part 135 of 
     title 14, Code of Federal Regulations.
       ``(2) Part 135 certificate holder.--The term `part 135 
     certificate holder' means a person holding a certificate 
     issued under part 135.

     ``Sec. 44731. Collection of data on helicopter air ambulance 
       operations

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall require a part 135 certificate 
     holder providing helicopter air ambulance services to submit 
     to the Administrator, not later than one year after the date 
     of enactment of this section, and annually thereafter, a 
     report containing, at a minimum, the following data:
       ``(1) The number of helicopters that the certificate holder 
     uses to provide helicopter air ambulance services and the 
     base locations of the helicopters.
       ``(2) The number of flights and hours flown, by 
     registration number, during which helicopters operated by the 
     certificate holder were providing helicopter air ambulance 
     services.
       ``(3) The number of flight requests for a helicopter 
     providing air ambulance services that were accepted or 
     declined by the certificate holder and the type of each such 
     flight request (such as scene response, interfacility 
     transport, organ transport, or ferry or repositioning 
     flight).
       ``(4) The number of accidents, if any, involving 
     helicopters operated by the certificate holder while 
     providing air ambulance services and a description of the 
     accidents.
       ``(5) The number of flights and hours flown under 
     instrument flight rules by helicopters operated by the 
     certificate holder while providing air ambulance services.
       ``(6) The time of day of each flight flown by helicopters 
     operated by the certificate holder while providing air 
     ambulance services.
       ``(7) The number of incidents, if any, in which a 
     helicopter was not directly dispatched and arrived to 
     transport patients but was not utilized for patient 
     transport.
       ``(b) Reporting Period.--Data contained in a report 
     submitted by a part 135 certificate holder under subsection 
     (a) shall relate to such reporting period as the 
     Administrator determines appropriate.
       ``(c) Database.--Not later than 6 months after the date of 
     enactment of this section, the Administrator shall develop a 
     method to collect and store the data collected under 
     subsection (a), including a method to protect the 
     confidentiality of any trade secret or proprietary 
     information provided in response to this section.
       ``(d) Report to Congress.--Not later than 24 months after 
     the date of enactment of this section, and annually 
     thereafter, the Administrator shall submit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing a summary of 
     the data collected under subsection (a).
       ``(e) Part 135 Certificate Holder Defined.--In this 
     section, the term `part 135 certificate holder' means a 
     person holding a certificate issued under part 135 of title 
     14, Code of Federal Regulations.''.
       (b) Authorized Expenditures.--Section 106(k)(2)(C) (as 
     redesignated by this Act) is amended by inserting before the 
     period the following: ``and the development and maintenance 
     of helicopter approach procedures''.
       (c) Clerical Amendment.--The analysis for chapter 447 is 
     amended by adding at the end the following:

``444730. Helicopter air ambulance operations.
``444731. Collection of data on helicopter air ambulance operations.''.

     SEC. 312. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER 
                   OBSERVATION TECHNOLOGY.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a review of off-airport, low-
     altitude aircraft weather observation technologies.
       (b) Specific Review.--The review shall include, at a 
     minimum, an examination of off-airport, low-altitude weather 
     reporting needs, an assessment of technical alternatives 
     (including automated weather observation stations), an 
     investment analysis, and recommendations for improving 
     weather reporting.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report containing the results of the review.

     SEC. 313. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE 
                   NIGHT VISION GOGGLES.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall carry out a study on the feasibility of 
     requiring pilots of helicopters providing air ambulance 
     services under part 135 of title 14, Code of Federal 
     Regulations, to use night vision goggles during nighttime 
     operations.
       (b) Considerations.--In conducting the study, the 
     Administrator shall consult with owners and operators of 
     helicopters providing air ambulance services under such part 
     135 and aviation safety professionals to determine the 
     benefits, financial considerations, and risks associated with 
     requiring the use of night vision goggles.
       (c) Report to Congress.--Not later than one year after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study.

     SEC. 314. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES 
                   ON FLIGHT DECK.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44732. Prohibition on personal use of electronic 
       devices on flight deck

       ``(a) In General.--It is unlawful for a flight crewmember 
     of an aircraft used to provide air transportation under part 
     121 of title 14, Code of Federal Regulations, to use a 
     personal wireless communications device or laptop computer 
     while at the flight crewmember's duty station on the flight 
     deck of such an aircraft while the aircraft is being 
     operated.
       ``(b) Exceptions.--Subsection (a) shall not apply to the 
     use of a personal wireless communications device or laptop 
     computer for a purpose directly related to operation of the 
     aircraft, or for emergency, safety-related, or employment-
     related communications, in accordance with procedures 
     established by the air carrier and the Administrator of the 
     Federal Aviation Administration.
       ``(c) Enforcement.--In addition to the penalties provided 
     under section 46301 applicable to any violation of this 
     section, the Administrator of the Federal Aviation 
     Administration may enforce compliance with this section under 
     section 44709 by amending, modifying, suspending, or revoking 
     a certificate under this chapter.
       ``(d) Personal Wireless Communications Device Defined.--In 
     this section, the term `personal wireless communications 
     device' means a device through which personal wireless 
     services (as defined in section 332(c)(7)(C)(i) of the 
     Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are 
     transmitted.''.
       (b) Penalty.--Section 44711(a) is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (8);
       (2) by striking ``title.'' in paragraph (9) and inserting 
     ``title; or''; and
       (3) by adding at the end the following:
       ``(10) violate section 44732 or any regulation issued 
     thereunder.''.
       (c) Conforming Amendment.--The analysis for chapter 447 (as 
     amended by this Act) is further amended by adding at the end 
     the following:

``44732. Prohibition on personal use of electronic devices on flight 
              deck.''.

       (d) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking procedure 
     for regulations to carry out section 44733 of title 49, 
     United States Code, and shall issue a final rule

[[Page 4871]]

     thereunder not later than 2 years after the date of enactment 
     of this Act.
       (e) Study.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall review relevant air carrier data and 
     carry out a study--
       (A) to identify common sources of distraction for the 
     flight crewmembers on the flight deck of a commercial 
     aircraft; and
       (B) to determine the safety impacts of such distractions.
       (2) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that contains--
       (A) the findings of the study conducted under paragraph 
     (1); and
       (B) recommendations regarding how to reduce distractions 
     for flight crewmembers on the flight deck of a commercial 
     aircraft.

     SEC. 315. NONCERTIFICATED MAINTENANCE PROVIDERS.

       (a) Regulations.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue regulations requiring 
     that covered work on an aircraft used to provide air 
     transportation under part 121 of title 14, Code of Federal 
     Regulations, be performed by persons in accordance with 
     subsection (b).
       (b) Persons Authorized To Perform Certain Work.--A person 
     may perform covered work on aircraft used to provide air 
     transportation under part 121 of title 14, Code of Federal 
     Regulations, only if the person is employed by--
       (1) a part 121 air carrier;
       (2) a part 145 repair station or a person authorized under 
     section 43.17 of title 14, Code of Federal Regulations; or
       (3) subject to subsection (c), a person that--
       (A) provides contract maintenance workers, services, or 
     maintenance functions to a part 145 repair station or part 
     121 air carrier; and
       (B) meets the requirements of the part 121 air carrier or 
     the part 145 repair station.
       (c) Terms and Conditions.--Covered work performed by a 
     person who is employed by a person described in subsection 
     (b)(3) shall be subject to the following terms and 
     conditions:
       (1) The part 121 air carrier or the part 145 repair station 
     shall be directly in charge of the covered work being 
     performed.
       (2) The covered work shall be carried out in accordance 
     with the part 121 air carrier's maintenance manual.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Covered work.--The term ``covered work'' means a 
     required inspection item, as defined by the Administrator.
       (2) Part 121 air carrier.--The term ``part 121 air 
     carrier'' means an air carrier that holds a certificate 
     issued under part 121 of title 14, Code of Federal 
     Regulations.
       (3) Part 145 repair station.--The term ``part 145 repair 
     station'' means a repair station that holds a certificate 
     issued under part 145 of title 14, Code of Federal 
     Regulations.

     SEC. 316. INSPECTION OF FOREIGN REPAIR STATIONS.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44733. Inspection of foreign repair stations

       ``(a) In General.--Not later than one year after the date 
     of enactment of this section, the Administrator of the 
     Federal Aviation Administration shall establish and implement 
     a safety assessment system for each part 145 repair station 
     based on the type, scope, and complexity of work being 
     performed by the repair station, which shall--
       ``(1) ensure that repair stations outside the United States 
     are subject to appropriate inspections that are based on 
     identified risks and consistent with United States 
     requirements;
       ``(2) accept consideration of inspection results and 
     findings submitted by foreign civil aviation authorities 
     operating under a maintenance safety or maintenance 
     implementation agreement with the United States in meeting 
     the requirements of the safety assessment system; and
       ``(3) require all maintenance safety or maintenance 
     implementation agreements with the United States to provide 
     an opportunity for the Federal Aviation Administration to 
     conduct independent inspections of covered part 145 repair 
     stations when safety concerns warrant such inspections.
       ``(b) Notice to Congress of Negotiations.--The 
     Administrator shall notify the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives on or before the 30th day after initiating 
     formal negotiations with a foreign aviation authority or 
     other appropriate foreign government agency on a new 
     maintenance safety or maintenance implementation agreement.
       ``(c) Annual Report.--Not later than one year after the 
     date of enactment of this section, and annually thereafter, 
     the Administrator shall publish a report on the 
     Administration's oversight of part 145 repair stations and 
     implementation of the safety assessment system required by 
     subsection (a), which shall--
       ``(1) describe in detail any improvements in the Federal 
     Aviation Administration's ability to identify and track where 
     part 121 air carrier repair work is performed;
       ``(2) include a staffing model to determine the best 
     placement of inspectors and the number of inspectors needed 
     for the oversight and implementation;
       ``(3) describe the training provided to inspectors with 
     respect to the oversight and implementation;
       ``(4) include an assessment of the quality of monitoring 
     and surveillance by the Federal Aviation Administration of 
     work provided by its inspectors and the inspectors of foreign 
     authorities operating under a maintenance safety or 
     maintenance implementation agreement with the United States; 
     and
       ``(5) specify the number of sample inspections performed by 
     Federal Aviation Administration inspectors at each repair 
     station that is covered by a maintenance safety or 
     maintenance implementation agreement with the United States.
       ``(d) Alcohol and Controlled Substance Testing Program 
     Requirements.--
       ``(1) In general.--The Secretary of State and the Secretary 
     of Transportation shall request, jointly, the governments of 
     foreign countries that are members of the International Civil 
     Aviation Organization to establish international standards 
     for alcohol and controlled substances testing of persons that 
     perform safety-sensitive maintenance functions on commercial 
     air carrier aircraft.
       ``(2) Application to part 121 aircraft work.--Not later 
     than one year after the date of enactment of this section, 
     the Administrator shall promulgate a proposed rule requiring 
     that all part 145 repair station employees responsible for 
     safety-sensitive maintenance functions on part 121 air 
     carrier aircraft are subject to an alcohol and controlled 
     substances testing program that is determined acceptable by 
     the Administrator and is consistent with the applicable laws 
     of the country in which the repair station is located.
       ``(e) Inspections.--The Administrator shall require part 
     145 repair stations to be inspected as frequently as 
     determined warranted by the safety assessment system required 
     by subsection (a), regardless of where the station is 
     located, and in a manner consistent with United States 
     obligations under international agreements.
       ``(f) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Part 121 air carrier.--The term `part 121 air 
     carrier' means an air carrier that holds a certificate issued 
     under part 121 of title 14, Code of Federal Regulations.
       ``(2) Part 145 repair station.--The term `part 145 repair 
     station' means a repair station that holds a certificate 
     issued under part 145 of title 14, Code of Federal 
     Regulations.''.
       (b) Conforming Amendment.--The analysis for chapter 447 (as 
     amended by this Act) is further amended by adding at the end 
     the following:

``44733. Inspection of foreign repair stations.''.

     SEC. 317. SUNSET OF LINE CHECK.

       Section 44729(h) is amended by adding at the end the 
     following:
       ``(4) Sunset of line check.--Paragraph (2) shall cease to 
     be effective following the one-year period beginning on the 
     date of enactment of the FAA Reauthorization and Reform Act 
     of 2011 unless the Secretary certifies that the requirements 
     of paragraph (2) are necessary to ensure safety.''.

                 Subtitle B--Unmanned Aircraft Systems

     SEC. 321. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (1) Certificate of waiver; certificate of authorization.--
     The term ``certificate of waiver'' or ``certificate of 
     authorization'' means a Federal Aviation Administration grant 
     of approval for a specific flight operation.
       (2) Sense and avoid capability.--The term ``sense and avoid 
     capability'' means the capability of an unmanned aircraft to 
     remain a safe distance from and to avoid collisions with 
     other airborne aircraft.
       (3) Public unmanned aircraft system.--The term ``public 
     unmanned aircraft system'' means an unmanned aircraft system 
     that meets the qualifications and conditions required for 
     operation of a public aircraft, as defined by section 40102 
     of title 49, United States Code.
       (4) Small unmanned aircraft.--The term ``small unmanned 
     aircraft'' means an unmanned aircraft weighing less than 55 
     pounds.
       (5) Test range.--The term ``test range'' means a defined 
     geographic area where research and development are conducted.
       (6) Unmanned aircraft.--The term ``unmanned aircraft'' 
     means an aircraft that is operated without the possibility of 
     direct human intervention from within or on the aircraft.
       (7) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' means an unmanned aircraft and associated elements 
     (including communication links and the components that 
     control the unmanned aircraft) that are required for the 
     pilot in command to operate safely and efficiently in the 
     national airspace system.

     SEC. 322. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION 
                   PLAN.

       (a) Integration Plan.--
       (1) Comprehensive plan.--Not later than 270 days after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with representatives of the 
     aviation industry and the unmanned aircraft systems industry, 
     shall develop a comprehensive plan to safely integrate 
     commercial unmanned aircraft systems into the national 
     airspace system.
       (2) Minimum requirements.--In developing the plan under 
     paragraph (1), the Secretary shall, at a minimum--

[[Page 4872]]

       (A) review technologies and research that will assist in 
     facilitating the safe integration of commercial unmanned 
     aircraft systems into the national airspace system;
       (B) provide recommendations or projections for the 
     rulemaking to be conducted under subsection (b)--
       (i) to define the acceptable standards for operations and 
     certification of commercial unmanned aircraft systems;
       (ii) to ensure that commercial unmanned aircraft systems 
     include a sense and avoid capability, if necessary for safety 
     purposes; and
       (iii) to develop standards and requirements for the 
     operator and pilot of a commercial unmanned aircraft system, 
     including standards and requirements for registration and 
     licensing;
       (C) recommend how best to enhance the technologies and 
     subsystems necessary to provide for the safe and routine 
     operations of commercial unmanned aircraft systems in the 
     national airspace system; and
       (D) recommend how a phased-in approach for the integration 
     of commercial unmanned aircraft systems into the national 
     airspace system can best be achieved and a timeline upon 
     which such a phase-in shall occur.
       (3) Deadline.--The plan to be developed under paragraph (1) 
     shall provide for the safe integration of commercial unmanned 
     aircraft systems into the national airspace system not later 
     than September 30, 2015.
       (4) Report to congress.--The Secretary shall submit to 
     Congress--
       (A) not later than one year after the date of enactment of 
     this Act, a copy of the plan developed under paragraph (1); 
     and
       (B) annually thereafter, a report on the activities of the 
     Secretary under this section.
       (b) Rulemaking.--Not later than 18 months after the date on 
     which the integration plan is submitted to Congress under 
     subsection (a)(4), the Administrator of the Federal Aviation 
     Administration shall publish in the Federal Register a notice 
     of proposed rulemaking to implement the recommendations of 
     the integration plan.

     SEC. 323. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT 
                   SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall determine if 
     certain unmanned aircraft systems may operate safely in the 
     national airspace system. The Secretary may make such 
     determination before completion of the plan and rulemaking 
     required by section 322 of this Act or the guidance required 
     by section 324 of this Act.
       (b) Assessment of Unmanned Aircraft Systems.--In making the 
     determination under subsection (a), the Secretary shall 
     determine, at a minimum--
       (1) which types of unmanned aircraft systems, if any, as a 
     result of their size, weight, speed, operational capability, 
     proximity to airports and population areas, and operation 
     within visual line-of-sight do not create a hazard to users 
     of the national airspace system or the public or pose a 
     threat to national security; and
       (2) whether a certificate of waiver, certificate of 
     authorization, or airworthiness certification under section 
     44704 of title 49, United States Code, is required for the 
     operation of unmanned aircraft systems identified under 
     paragraph (1).
       (c) Requirements for Safe Operation.--If the Secretary 
     determines under this section that certain unmanned aircraft 
     systems may operate safely in the national airspace system, 
     the Secretary shall establish requirements for the safe 
     operation of such aircraft systems in the national airspace 
     system.

     SEC. 324. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

       (a) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall issue guidance 
     regarding the operation of public unmanned aircraft systems 
     to--
       (1) expedite the issuance of a certificate of authorization 
     process;
       (2) provide for a collaborative process with public 
     agencies to allow for an incremental expansion of access to 
     the national airspace system as technology matures. the 
     necessary safety analysis and data become available, and 
     until standards are completed and technology issues are 
     resolved; and
       (3) facilitate the capability of public agencies to develop 
     and use test ranges, subject to operating restrictions 
     required by the Federal Aviation Administration, to test and 
     operate unmanned aircraft systems.
       (b) Standards for Operation and Certification.--Not later 
     than December 31, 2015, the Secretary shall develop and 
     implement operational and certification standards for 
     operation of public unmanned aircraft systems.

     SEC. 325. UNMANNED AIRCRAFT SYSTEMS TEST RANGES.

       (a) In General.--Not later than one year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a program to 
     integrate unmanned aircraft systems into the national 
     airspace system at 4 test ranges.
       (b) Program Requirements.--In establishing the program 
     under subsection (a), the Administrator shall--
       (1) safely designate nonexclusionary airspace for 
     integrated manned and unmanned flight operations in the 
     national airspace system;
       (2) develop certification standards and air traffic 
     requirements for unmanned flight operations at test ranges;
       (3) coordinate with and leverage the resources of the 
     National Aeronautics and Space Administration and the 
     Department of Defense;
       (4) address both commercial and public unmanned aircraft 
     systems;
       (5) ensure that the program is coordinated with the Next 
     Generation Air Transportation System; and
       (6) provide for verification of the safety of unmanned 
     aircraft systems and related navigation procedures before 
     integration into the national airspace system.
       (c) Test Range Locations.--In determining the location of 
     the 4 test ranges of the program under subsection (a), the 
     Administrator shall--
       (1) take into consideration geographic and climatic 
     diversity; and
       (2) after consulting with the Administrator of the National 
     Aeronautics and Space Administration and the Secretary of the 
     Air Force, take into consideration the location of available 
     research radars.

                   Subtitle C--Safety and Protections

     SEC. 331. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS 
                   INSPECTORS.

       (a) In General.--Section 44711 is amended by adding at the 
     end the following:
       ``(d) Postemployment Restrictions for Flight Standards 
     Inspectors.--
       ``(1) Prohibition.--A person holding an operating 
     certificate issued under title 14, Code of Federal 
     Regulations, may not knowingly employ, or make a contractual 
     arrangement that permits, an individual to act as an agent or 
     representative of the certificate holder in any matter before 
     the Federal Aviation Administration if the individual, in the 
     preceding 2-year period--
       ``(A) served as, or was responsible for oversight of, a 
     flight standards inspector of the Administration; and
       ``(B) had responsibility to inspect, or oversee inspection 
     of, the operations of the certificate holder.
       ``(2) Written and oral communications.--For purposes of 
     paragraph (1), an individual shall be considered to be acting 
     as an agent or representative of a certificate holder in a 
     matter before the Administration if the individual makes any 
     written or oral communication on behalf of the certificate 
     holder to the Administration (or any of its officers or 
     employees) in connection with a particular matter, whether or 
     not involving a specific party and without regard to whether 
     the individual has participated in, or had responsibility 
     for, the particular matter while serving as a flight 
     standards inspector of the Administration.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not apply to an individual employed by a certificate 
     holder as of the date of enactment of this Act.

     SEC. 332. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
                   DATABASE.

       (a) Reviews.--The Administrator of the Federal Aviation 
     Administration shall establish a process by which the air 
     transportation oversight system database of the 
     Administration is reviewed by regional teams of employees of 
     the Administration, including at least one employee on each 
     team representing aviation safety inspectors, on a monthly 
     basis to ensure that--
       (1) any trends in regulatory compliance are identified; and
       (2) appropriate corrective actions are taken in accordance 
     with Administration regulations, advisory directives, 
     policies, and procedures.
       (b) Monthly Team Reports.--
       (1) In general.--A regional team of employees conducting a 
     monthly review of the air transportation oversight system 
     database under subsection (a) shall submit to the 
     Administrator, the Associate Administrator for Aviation 
     Safety, and the Director of Flight Standards Service a report 
     each month on the results of the review.
       (2) Contents.--A report submitted under paragraph (1) shall 
     identify--
       (A) any trends in regulatory compliance discovered by the 
     team of employees in conducting the monthly review; and
       (B) any corrective actions taken or proposed to be taken in 
     response to the trends.
       (c) Biannual Reports to Congress.--The Administrator, on a 
     biannual basis, shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     reviews of the air transportation oversight system database 
     conducted under this section, including copies of reports 
     received under subsection (b).

     SEC. 333. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

       (a) Voluntary Disclosure Reporting Program Defined.--In 
     this section, the term ``Voluntary Disclosure Reporting 
     Program'' means the program established by the Federal 
     Aviation Administration through Advisory Circular 00-58A, 
     dated September 8, 2006, including any subsequent revisions 
     thereto.
       (b) Verification.--The Administrator of the Federal 
     Aviation Administration shall modify the Voluntary Disclosure 
     Reporting Program to require inspectors to--
       (1) verify that air carriers are implementing comprehensive 
     solutions to correct the underlying causes of the violations 
     voluntarily disclosed by such air carriers; and
       (2) confirm, before approving a final report of a 
     violation, that a violation with the same root causes, has 
     not been previously discovered by an inspector or self-
     disclosed by the air carrier.
       (c) Supervisory Review of Voluntary Self-disclosures.--The 
     Administrator shall establish a process by which voluntary 
     self-disclosures received from air carriers are reviewed and 
     approved by a supervisor after the initial review by an 
     inspector.
       (d) Inspector General Study.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct a

[[Page 4873]]

     study of the Voluntary Disclosure Reporting Program.
       (2) Review.--In conducting the study, the Inspector General 
     shall examine, at a minimum, if the Administration--
       (A) conducts comprehensive reviews of voluntary disclosure 
     reports before closing a voluntary disclosure report under 
     the provisions of the program;
       (B) evaluates the effectiveness of corrective actions taken 
     by air carriers; and
       (C) effectively prevents abuse of the voluntary disclosure 
     reporting program through its secondary review of self-
     disclosures before they are accepted and closed by the 
     Administration.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Inspector General shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study conducted under this section.

     SEC. 334. AVIATION WHISTLEBLOWER INVESTIGATION OFFICE.

       Section 106 (as amended by this Act) is further amended by 
     adding at the end the following:
       ``(t) Aviation Safety Whistleblower Investigation Office.--
       ``(1) Establishment.--There is established in the Federal 
     Aviation Administration (in this section referred to as the 
     `Agency') an Aviation Safety Whistleblower Investigation 
     Office (in this subsection referred to as the `Office').
       ``(2) Director.--
       ``(A) Appointment.--The head of the Office shall be the 
     Director, who shall be appointed by the Secretary of 
     Transportation.
       ``(B) Qualifications.--The Director shall have a 
     demonstrated ability in investigations and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Director shall be appointed for a term of 
     5 years.
       ``(D) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of the Director occurring before the 
     expiration of the term for which the individual's predecessor 
     was appointed shall be appointed for the remainder of that 
     term.
       ``(3) Complaints and investigations.--
       ``(A) Authority of director.--The Director shall--
       ``(i) receive complaints and information submitted by 
     employees of persons holding certificates issued under title 
     14, Code of Federal Regulations, and employees of the Agency 
     concerning the possible existence of an activity relating to 
     a violation of an order, regulation, or standard of the 
     Agency or any other provision of Federal law relating to 
     aviation safety;
       ``(ii) assess complaints and information submitted under 
     clause (i) and determine whether a substantial likelihood 
     exists that a violation of an order, regulation, or standard 
     of the Agency or any other provision of Federal law relating 
     to aviation safety has occurred; and
       ``(iii) based on findings of the assessment conducted under 
     clause (ii), make recommendations to the Administrator in 
     writing for further investigation or corrective actions.
       ``(B) Disclosure of identities.--The Director shall not 
     disclose the identity of an individual who submits a 
     complaint or information under subparagraph (A)(i) unless--
       ``(i) the individual consents to the disclosure in writing; 
     or
       ``(ii) the Director determines, in the course of an 
     investigation, that the disclosure is required by regulation, 
     statute, or court order, or is otherwise unavoidable, in 
     which case the Director shall provide the individual 
     reasonable advanced notice of the disclosure.
       ``(C) Independence of director.--The Secretary, the 
     Administrator, or any officer or employee of the Agency may 
     not prevent or prohibit the Director from initiating, 
     carrying out, or completing any assessment of a complaint or 
     information submitted under subparagraph (A)(i) or from 
     reporting to Congress on any such assessment.
       ``(D) Access to information.--In conducting an assessment 
     of a complaint or information submitted under subparagraph 
     (A)(i), the Director shall have access to all records, 
     reports, audits, reviews, documents, papers, recommendations, 
     and other material necessary to determine whether a 
     substantial likelihood exists that a violation of an order, 
     regulation, or standard of the Agency or any other provision 
     of Federal law relating to aviation safety may have occurred.
       ``(4) Responses to recommendations.--Not later than 60 days 
     after the date on which the Administrator receives a report 
     with respect to an investigation, the Administrator shall 
     respond to a recommendation made by the Director under 
     subparagraph (A)(iii) in writing and retain records related 
     to any further investigations or corrective actions taken in 
     response to the recommendation.
       ``(5) Incident reports.--If the Director determines there 
     is a substantial likelihood that a violation of an order, 
     regulation, or standard of the Agency or any other provision 
     of Federal law relating to aviation safety has occurred that 
     requires immediate corrective action, the Director shall 
     report the potential violation expeditiously to the 
     Administrator and the Inspector General of the Department of 
     Transportation.
       ``(6) Reporting of criminal violations to inspector 
     general.--If the Director has reasonable grounds to believe 
     that there has been a violation of Federal criminal law, the 
     Director shall report the violation expeditiously to the 
     Inspector General.
       ``(7) Annual reports to congress.--Not later than October 1 
     of each year, the Director shall submit to Congress a report 
     containing--
       ``(A) information on the number of submissions of 
     complaints and information received by the Director under 
     paragraph (3)(A)(i) in the preceding 12-month period;
       ``(B) summaries of those submissions;
       ``(C) summaries of further investigations and corrective 
     actions recommended in response to the submissions; and
       ``(D) summaries of the responses of the Administrator to 
     such recommendations.''.

     SEC. 335. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE 
                   TO FLIGHT CREWMEMBERS.

       (a) Rulemaking on Applicability of Part 121 Duty Periods 
     and Flight Time Limitations to Part 91 Operations.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     initiate a rulemaking proceeding, if such a proceeding has 
     not already been initiated, to require a flight crewmember 
     who is employed by an air carrier conducting operations under 
     part 121 of title 14, Code of Federal Regulations, and who 
     accepts an additional assignment for flying under part 91 of 
     such title from the air carrier or from any other air carrier 
     conducting operations under part 121 or 135 of such title, to 
     apply the period of the additional assignment (regardless of 
     whether the assignment is performed by the flight crewmember 
     before or after an assignment to fly under part 121 of such 
     title) toward any limitation applicable to the flight 
     crewmember relating to duty periods or flight times under 
     part 121 of such title.
       (b) Rulemaking on Applicability of Part 135 Duty Periods 
     and Flight Time Limitations to Part 91 Operations.--Not later 
     than one year after the date of enactment of this Act, the 
     Administrator shall initiate a rulemaking proceeding to 
     require a flight crewmember who is employed by an air carrier 
     conducting operations under part 135 of title 14, Code of 
     Federal Regulations, and who accepts an additional assignment 
     for flying under part 91 of such title from the air carrier 
     or any other air carrier conducting operations under part 121 
     or 135 of such title, to apply the period of the additional 
     assignment (regardless of whether the assignment is performed 
     by the flight crewmember before or after an assignment to fly 
     under part 135 of such title) toward any limitation 
     applicable to the flight crewmember relating to duty periods 
     or flight times under part 135 of such title.
       (c) Separate Rulemaking Proceedings Required.--The 
     rulemaking proceeding required under subsection (b) shall be 
     separate from the rulemaking proceeding required under 
     subsection (a).

                   TITLE IV--AIR SERVICE IMPROVEMENTS

                   Subtitle A--Essential Air Service

     SEC. 401. ESSENTIAL AIR SERVICE MARKETING.

       Section 41733(c)(1) is amended--
       (1) by redesignating subparagraph (E) as subparagraph (F);
       (2) by striking ``and'' at the end of subparagraph (D); and
       (3) by inserting after subparagraph (D) the following:
       ``(E) whether the air carrier has included a plan in its 
     proposal to market its services to the community; and''.

     SEC. 402. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF 
                   ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR 
                   SERVICE.

       Section 41733 is amended by adding at the end the 
     following:
       ``(f) Notice to Communities Prior to Termination of 
     Eligibility.--
       ``(1) In general.--The Secretary shall notify each 
     community receiving basic essential air service for which 
     compensation is being paid under this subchapter on or before 
     the 45th day before issuing any final decision to end the 
     payment of such compensation due to a determination by the 
     Secretary that providing such service requires a rate of 
     subsidy per passenger in excess of the subsidy cap.
       ``(2) Procedures to avoid termination.--The Secretary shall 
     establish, by order, procedures by which each community 
     notified of an impending loss of subsidy under paragraph (1) 
     may work directly with an air carrier to ensure that the air 
     carrier is able to submit a proposal to the Secretary to 
     provide essential air service to such community for an amount 
     of compensation that would not exceed the subsidy cap.
       ``(3) Assistance provided.--The Secretary shall provide, by 
     order, to each community notified under paragraph (1) 
     information regarding--
       ``(A) the procedures established pursuant to paragraph (2); 
     and
       ``(B) the maximum amount of compensation that could be 
     provided under this subchapter to an air carrier serving such 
     community that would comply with the subsidy cap.
       ``(4) Subsidy cap defined.--In this subsection, the term 
     `subsidy cap' means the subsidy cap established by section 
     332 of Public Law 106-69 (113 Stat. 1022).''.

     SEC. 403. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.

       (a) Compensation Guidelines.--Section 41737(a)(1) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) in subparagraph (C) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) include provisions under which the Secretary may 
     encourage an air carrier to improve air service for which 
     compensation is being paid

[[Page 4874]]

     under this subchapter by incorporating financial incentives 
     in an essential air service contract based on specified 
     performance goals, including goals related to improving on-
     time performance, reducing the number of flight 
     cancellations, establishing convenient connections to flights 
     providing service beyond hub airports, and increasing 
     marketing efforts; and
       ``(E) include provisions under which the Secretary may 
     execute a long-term essential air service contract to 
     encourage an air carrier to provide air service to an 
     eligible place if it would be in the public interest to do 
     so.''.
       (b) Deadline for Issuance of Revised Guidance.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Secretary of Transportation shall issue revised guidelines 
     governing the rate of compensation payable under subchapter 
     II of chapter 417 of title 49, United States Code, that 
     incorporate the amendments made by this section.
       (c) Report.--Not later than 2 years after the date of 
     issuance of revised guidelines pursuant to subsection (b), 
     the Secretary shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the extent to which the revised guidelines 
     have been implemented and the impact, if any, such 
     implementation has had on air carrier performance and 
     community satisfaction with air service for which 
     compensation is being paid under subchapter II of chapter 417 
     of title 49, United States Code.

     SEC. 404. ESSENTIAL AIR SERVICE REFORM.

       (a) Authorization.--Section 41742(a)(1) is amended--
       (1) by striking ``the sum of $50,000,000 is'' and inserting 
     ``the following sums are''; and
       (2) by striking ``subchapter for each fiscal year.'' and 
     inserting ``subchapter:
       ``(A) $50,000,000 for each fiscal year through fiscal year 
     2013.
       ``(B) The amount necessary, as determined by the Secretary, 
     to carry out the essential air service program in Alaska and 
     Hawaii for fiscal year 2014 and each fiscal year 
     thereafter.''.
       (b) Additional Funds.--Section 41742(a)(2) is amended by 
     striking ``there is authorized to be appropriated $77,000,000 
     for each fiscal year'' and inserting ``there is authorized to 
     be appropriated out of the Airport and Airway Trust Fund 
     established under section 9502 of the Internal Revenue Code 
     of 1986 $97,500,000 for fiscal year 2011, $60,000,000 for 
     fiscal year 2012, and $30,000,000 for fiscal year 2013''.
       (c) Administering Program Within Available Funding.--
     Section 41742(b) is amended to read as follows:
       ``(b) Administering Program Within Available Funding.--
     Notwithstanding any other provision of law, the Secretary is 
     authorized to take such actions as may be necessary to 
     administer the essential air service program under this 
     subchapter within the amount of funding made available for 
     the program.''.

     SEC. 405. SMALL COMMUNITY AIR SERVICE.

       (a) Priorities.--Section 41743(c)(5) is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) in subparagraph (E) by striking ``fashion.'' and 
     inserting ``fashion; and''; and
       (3) by adding at the end the following:
       ``(F) multiple communities cooperate to submit a regional 
     or multistate application to consolidate air service into one 
     regional airport.''.
       (b) Authority To Make Agreements.--Section 41743(e) is 
     amended to read as follows:
       ``(e) Authority To Make Agreements.--Subject to the 
     availability of amounts made available under section 
     41742(a)(4)(A), the Secretary may make agreements to provide 
     assistance under this section.''.

     SEC. 406. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY 
                   INCREASED COSTS.

       (a) Emergency Across-The-Board Adjustment.--Subject to the 
     availability of funds, the Secretary of Transportation may 
     increase the rates of compensation payable to air carriers 
     under subchapter II of chapter 417 of title 49, United States 
     Code, to compensate such carriers for increased aviation fuel 
     costs without regard to any agreement or requirement relating 
     to the renegotiation of contracts or any notice requirement 
     under section 41734 of such title.
       (b) Expedited Process for Adjustments to Individual 
     Contracts.--
       (1) In general.--Section 41734(d) is amended by striking 
     ``continue to pay'' and all that follows through 
     ``compensation sufficient'' and inserting ``provide the 
     carrier with compensation sufficient''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to compensation to air carriers for air service 
     provided after the 30th day following the date of enactment 
     of this Act.
       (c) Subsidy Cap.--Subject to the availability of funds, the 
     Secretary may waive, on a case-by-case basis, the subsidy-
     per-passenger cap established by section 332 of Public Law 
     106-69 (113 Stat. 1022). A waiver issued under this 
     subsection shall remain in effect for a limited period of 
     time, as determined by the Secretary.

     SEC. 407. REPEAL OF EAS LOCAL PARTICIPATION PROGRAM.

       Section 41747, and the item relating to section 41747 in 
     the analysis for chapter 417, are repealed.

     SEC. 408. SUNSET OF ESSENTIAL AIR SERVICE PROGRAM.

       (a) In General.--Subchapter II of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41749. Sunset

       ``(a) In General.--Except as provided in subsection (b), 
     the authority of the Secretary of Transportation to carry out 
     the essential air service program under this subchapter shall 
     sunset on October 1, 2013.
       ``(b) Alaska and Hawaii.--The Secretary may continue to 
     carry out the essential air service program under this 
     subchapter in Alaska and Hawaii following the sunset date 
     specified in subsection (a).''.
       (b) Conforming Amendment.--The analysis for chapter 417 is 
     amended by inserting after the item relating to section 41748 
     the following:

``41749. Sunset.''.

             Subtitle B--Passenger Air Service Improvements

     SEC. 421. SMOKING PROHIBITION.

       (a) In General.--Section 41706 is amended--
       (1) in the section heading by striking ``scheduled'' and 
     inserting ``passenger''; and
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Smoking Prohibition in Interstate and Intrastate Air 
     Transportation.--An individual may not smoke--
       ``(1) in an aircraft in scheduled passenger interstate or 
     intrastate air transportation; or
       ``(2) in an aircraft in nonscheduled passenger interstate 
     or intrastate air transportation, if a flight attendant is a 
     required crewmember on the aircraft (as determined by the 
     Administrator of the Federal Aviation Administration).
       ``(b) Smoking Prohibition in Foreign Air Transportation.--
     The Secretary of Transportation shall require all air 
     carriers and foreign air carriers to prohibit smoking--
       ``(1) in an aircraft in scheduled passenger foreign air 
     transportation; and
       ``(2) in an aircraft in nonscheduled passenger foreign air 
     transportation, if a flight attendant is a required 
     crewmember on the aircraft (as determined by the 
     Administrator or a foreign government).''.
       (b) Clerical Amendment.--The analysis for chapter 417 is 
     amended by striking the item relating to section 41706 and 
     inserting the following:

``41706. Prohibitions against smoking on passenger flights.''.

     SEC. 422. MONTHLY AIR CARRIER REPORTS.

       (a) In General.--Section 41708 is amended by adding at the 
     end the following:
       ``(c) Diverted and Cancelled Flights.--
       ``(1) Monthly reports.--The Secretary shall require an air 
     carrier referred to in paragraph (2) to file with the 
     Secretary a monthly report on each flight of the air carrier 
     that is diverted from its scheduled destination to another 
     airport and each flight of the air carrier that departs the 
     gate at the airport at which the flight originates but is 
     cancelled before wheels-off time.
       ``(2) Applicability.--An air carrier that is required to 
     file a monthly airline service quality performance report 
     pursuant to part 234 of title 14, Code of Federal 
     Regulations, shall be subject to the requirement of paragraph 
     (1).
       ``(3) Contents.--A monthly report filed by an air carrier 
     under paragraph (1) shall include, at a minimum, the 
     following information:
       ``(A) For a diverted flight--
       ``(i) the flight number of the diverted flight;
       ``(ii) the scheduled destination of the flight;
       ``(iii) the date and time of the flight;
       ``(iv) the airport to which the flight was diverted;
       ``(v) wheels-on time at the diverted airport;
       ``(vi) the time, if any, passengers deplaned the aircraft 
     at the diverted airport; and
       ``(vii) if the flight arrives at the scheduled destination 
     airport--

       ``(I) the gate-departure time at the diverted airport;
       ``(II) the wheels-off time at the diverted airport;
       ``(III) the wheels-on time at the scheduled arrival 
     airport; and
       ``(IV) the gate-arrival time at the scheduled arrival 
     airport.

       ``(B) For flights cancelled after gate departure--
       ``(i) the flight number of the cancelled flight;
       ``(ii) the scheduled origin and destination airports of the 
     cancelled flight;
       ``(iii) the date and time of the cancelled flight;
       ``(iv) the gate-departure time of the cancelled flight; and
       ``(v) the time the aircraft returned to the gate.
       ``(4) Publication.--The Secretary shall compile the 
     information provided in the monthly reports filed pursuant to 
     paragraph (1) in a single monthly report and publish such 
     report on the Internet Web site of the Department of 
     Transportation.''.
       (b) Effective Date.--Beginning not later than 90 days after 
     the date of enactment of this Act, the Secretary of 
     Transportation shall require monthly reports pursuant to the 
     amendment made by subsection (a).

     SEC. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON 
                   NATIONAL AIRPORT.

       (a) Beyond-Perimeter Exemptions.--Section 41718(a) is 
     amended--
       (1) by striking ``Secretary'' the first place it appears 
     and inserting ``Secretary of Transportation''; and
       (2) by striking ``24'' and inserting ``34''.
       (b) Limitations.--Section 41718(c)(2) is amended by 
     striking ``3 operations'' and inserting ``5 operations''.
       (c) Slots.--Section 41718(c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Slots.--The Secretary shall reduce the hourly air 
     carrier slot quota for Ronald Reagan

[[Page 4875]]

     Washington National Airport under section 93.123(a) of title 
     14, Code of Federal Regulations, by a total of 10 slots that 
     are available for allocation. Such reductions shall be taken 
     in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. hours, as 
     determined by the Secretary, in order to grant exemptions 
     under subsection (a).''.
       (d) 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.--Operations conducted by new 
     entrant air carriers and limited incumbent air carriers shall 
     be provided a scheduling priority over operations conducted 
     by other air carriers granted exemptions pursuant to this 
     section, with the highest scheduling priority provided to 
     beyond-perimeter operations conducted by the new entrant air 
     carriers and limited incumbent air carriers.''.

     SEC. 424. MUSICAL INSTRUMENTS.

       (a) In General.--Subchapter I of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41724. Musical instruments

       ``(a) Instruments in Passenger Compartment.--An air carrier 
     providing air transportation shall permit a passenger to 
     carry a musical instrument in a closet, baggage compartment, 
     or cargo stowage compartment (approved by the Administrator 
     of the Federal Aviation Administration) in the passenger 
     compartment of the aircraft used to provide such 
     transportation if--
       ``(1) the instrument can be stowed in accordance with the 
     requirements for carriage of carry-on baggage or cargo set 
     forth by the Administrator; and
       ``(2) there is space for such stowage on the aircraft.
       ``(b) Large Instruments in Passenger Compartment.--An air 
     carrier providing air transportation shall permit a passenger 
     to carry a musical instrument that is too large to be secured 
     in a closet, baggage compartment, or cargo stowage 
     compartment pursuant to subsection (a) in the passenger 
     compartment of the aircraft used to provide such 
     transportation if--
       ``(1) the instrument can be stowed in accordance with the 
     requirements for carriage of carry-on baggage or cargo set 
     forth by the Administrator; and
       ``(2) the passenger has purchased a seat to accommodate the 
     instrument.
       ``(c) Instruments as Checked Baggage.--An air carrier 
     providing air transportation shall transport as baggage a 
     musical instrument that may not be carried in the passenger 
     compartment of the aircraft used to provide such 
     transportation pursuant to subsection (a) or (b) and that is 
     the property of a passenger on the aircraft if--
       ``(1) the sum of the length, width, and height of the 
     instrument (measured in inches of the outside linear 
     dimensions of the instrument, including the case) does not 
     exceed 150 inches or the size restrictions for that aircraft;
       ``(2) the weight of the instrument does not exceed 165 
     pounds or the weight restrictions for that aircraft; and
       ``(3) the instrument can be stowed in accordance with the 
     requirements for carriage of baggage or cargo set forth by 
     the Administrator.
       ``(d) Air Carrier Terms.--Nothing in this section shall be 
     construed as prohibiting an air carrier from limiting the 
     carrier's liability for carrying a musical instrument or 
     requiring a passenger to purchase insurance to cover the 
     value of a musical instrument transported by the carrier.''.
       (b) Regulations.--The Secretary of Transportation may 
     prescribe such regulations as may be necessary or appropriate 
     to implement the amendment made by subsection (a).
       (c) Clerical Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:

``41724. Musical instruments.''.

     SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS.

       (a) In General.--Subtitle VII is amended by inserting after 
     chapter 421 the following:

           ``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS

``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.

     ``Sec. 42301. Emergency contingency plans

       ``(a) Submission of Air Carrier and Airport Plans.--Not 
     later than 90 days after the date of enactment of this 
     section, each of the following air carriers and airport 
     operators shall submit to the Secretary of Transportation for 
     review and approval an emergency contingency plan in 
     accordance with the requirements of this section:
       ``(1) An air carrier providing covered air transportation 
     at a large hub or medium hub airport.
       ``(2) An operator of a large hub or medium hub airport.
       ``(3) An operator of an airport used by an air carrier 
     described in paragraph (1) for diversions.
       ``(b) Air Carrier Plans.--
       ``(1) Plans for individual airports.--An air carrier shall 
     submit an emergency contingency plan under subsection (a) 
     for--
       ``(A) each large hub and medium hub airport at which the 
     carrier provides covered air transportation; and
       ``(B) each large hub and medium hub airport at which the 
     carrier has flights for which the carrier has primary 
     responsibility for inventory control.
       ``(2) Contents.--An emergency contingency plan submitted by 
     an air carrier for an airport under subsection (a) shall 
     contain a description of how the carrier will--
       ``(A) provide food, potable water, restroom facilities, and 
     access to medical treatment for passengers onboard an 
     aircraft at the airport that is on the ground for an extended 
     period of time without access to the terminal;
       ``(B) allow passengers to deplane following excessive 
     tarmac delays; and
       ``(C) share facilities and make gates available at the 
     airport in an emergency.
       ``(c) Airport Plans.--An emergency contingency plan 
     submitted by an airport operator under subsection (a) shall 
     contain a description of how the operator, to the maximum 
     extent practicable, will--
       ``(1) provide for the deplanement of passengers following 
     excessive tarmac delays;
       ``(2) provide for the sharing of facilities and make gates 
     available at the airport in an emergency; and
       ``(3) provide a sterile area following excessive tarmac 
     delays for passengers who have not yet cleared U.S. Customs 
     and Border Protection.
       ``(d) Updates.--
       ``(1) Air carriers.--An air carrier shall update the 
     emergency contingency plan submitted by the carrier under 
     subsection (a) every 3 years and submit the update to the 
     Secretary for review and approval.
       ``(2) Airports.--An airport operator shall update the 
     emergency contingency plan submitted by the operator under 
     subsection (a) every 5 years and submit the update to the 
     Secretary for review and approval.
       ``(e) Approval.--
       ``(1) In general.--Not later than 60 days after the date of 
     the receipt of an emergency contingency plan submitted under 
     subsection (a) or an update submitted under subsection (d), 
     the Secretary shall review and approve or, if necessary, 
     require modifications to the plan or update to ensure that 
     the plan or update will effectively address emergencies and 
     provide for the health and safety of passengers.
       ``(2) Failure to approve or require modifications.--If the 
     Secretary fails to approve or require modifications to a plan 
     or update under paragraph (1) within the timeframe specified 
     in that paragraph, the plan or update shall be deemed to be 
     approved.
       ``(3) Adherence required.--An air carrier or airport 
     operator shall adhere to an emergency contingency plan of the 
     carrier or operator approved under this section.
       ``(f) Minimum Standards.--The Secretary may establish, as 
     necessary or desirable, minimum standards for elements in an 
     emergency contingency plan required to be submitted under 
     this section.
       ``(g) Public Access.--An air carrier or airport operator 
     required to submit an emergency contingency plan under this 
     section shall ensure public access to the plan after its 
     approval under this section on the Internet Web site of the 
     carrier or operator or by such other means as determined by 
     the Secretary.
       ``(h) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered air transportation.--The term `covered air 
     transportation' means scheduled or public charter passenger 
     air transportation provided by an air carrier that operates 
     an aircraft that as originally designed has a passenger 
     capacity of 30 or more seats.
       ``(2) Tarmac delay.--The term `tarmac delay' means the 
     period during which passengers are on board an aircraft on 
     the tarmac--
       ``(A) awaiting takeoff after the aircraft doors have been 
     closed or after passengers have been boarded if the 
     passengers have not been advised they are free to deplane; or
       ``(B) awaiting deplaning after the aircraft has landed.

     ``Sec. 42302. Consumer complaints

       ``(a) In General.--The Secretary of Transportation shall 
     establish a consumer complaints toll-free hotline telephone 
     number for the use of passengers in air transportation and 
     shall take actions to notify the public of--
       ``(1) that telephone number; and
       ``(2) the Internet Web site of the Aviation Consumer 
     Protection Division of the Department of Transportation.
       ``(b) Notice to Passengers on the Internet.--An air carrier 
     or foreign air carrier providing scheduled air transportation 
     using any aircraft that as originally designed has a 
     passenger capacity of 30 or more passenger seats shall 
     include on the Internet Web site of the carrier--
       ``(1) the hotline telephone number established under 
     subsection (a);
       ``(2) the email address, telephone number, and mailing 
     address of the air carrier for the submission of complaints 
     by passengers about air travel service problems; and
       ``(3) the Internet Web site and mailing address of the 
     Aviation Consumer Protection Division of the Department of 
     Transportation for the submission of complaints by passengers 
     about air travel service problems.
       ``(c) Notice to Passengers on Boarding Documentation.--An 
     air carrier or foreign air carrier providing scheduled air 
     transportation using any aircraft that as originally designed 
     has a passenger capacity of 30 or more passenger seats shall 
     include the hotline telephone number established under 
     subsection (a) on--
       ``(1) prominently displayed signs of the carrier at the 
     airport ticket counters in the United States where the air 
     carrier operates; and
       ``(2) any electronic confirmation of the purchase of a 
     passenger ticket for air transportation issued by the air 
     carrier.

[[Page 4876]]



     ``Sec. 42303. Use of insecticides in passenger aircraft

       ``(a) Information To Be Provided on the Internet.--The 
     Secretary of Transportation shall establish, and make 
     available to the general public, an Internet Web site that 
     contains a listing of countries that may require an air 
     carrier or foreign air carrier to treat an aircraft passenger 
     cabin with insecticides prior to a flight in foreign air 
     transportation to that country or to apply an aerosol 
     insecticide in an aircraft cabin used for such a flight when 
     the cabin is occupied with passengers.
       ``(b) Required Disclosures.--An air carrier, foreign air 
     carrier, or ticket agent selling, in the United States, a 
     ticket for a flight in foreign air transportation to a 
     country listed on the Internet Web site established under 
     subsection (a) shall refer the purchaser of the ticket to the 
     Internet Web site established under subsection (a) for 
     additional information.''.
       (b) Penalties.--Section 46301 is amended in subsections 
     (a)(1)(A) and (c)(1)(A) by inserting ``chapter 423,'' after 
     ``chapter 421,''.
       (c) Applicability of Requirements.--Except as otherwise 
     provided, the requirements of chapter 423 of title 49, United 
     States Code, as added by this section, shall begin to apply 
     60 days after the date of enactment of this Act.
       (d) Clerical Amendment.--The analysis for subtitle VII is 
     amended by inserting after the item relating to chapter 421 
     the following:

``423. Passenger Air Service Improvements..................42301''.....

     SEC. 426. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

       (a) Findings.--Congress finds that--
       (1) the Armed Forces is comprised of approximately 
     1,450,000 members who are stationed on active duty at more 
     than 6,000 military bases in 146 different countries;
       (2) the United States is indebted to the members of the 
     Armed Forces, many of whom are in grave danger due to their 
     engagement in, or exposure to, combat;
       (3) military service, especially in the current war against 
     terrorism, often requires members of the Armed Forces to be 
     separated from their families on short notice, for long 
     periods of time, and under very stressful conditions;
       (4) the unique demands of military service often preclude 
     members of the Armed Forces from purchasing discounted 
     advance airline tickets in order to visit their loved ones at 
     home; and
       (5) it is the patriotic duty of the people of the United 
     States to support the members of the Armed Forces who are 
     defending the Nation's interests around the world at great 
     personal sacrifice.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) all United States commercial air carriers should seek 
     to lend their support with flexible, generous policies 
     applicable to members of the Armed Forces who are traveling 
     on leave or liberty at their own expense; and
       (2) each United States air carrier, for all members of the 
     Armed Forces who have been granted leave or liberty and who 
     are traveling by air at their own expense, should--
       (A) seek to provide reduced air fares that are comparable 
     to the lowest airfare for ticketed flights and that eliminate 
     to the maximum extent possible advance purchase requirements;
       (B) seek to eliminate change fees or charges and any 
     penalties;
       (C) seek to eliminate or reduce baggage and excess weight 
     fees;
       (D) offer flexible terms that allow members to purchase, 
     modify, or cancel tickets without time restrictions, and to 
     waive fees (including baggage fees), ancillary costs, or 
     penalties; and
       (E) seek to take proactive measures to ensure that all 
     airline employees, particularly those who issue tickets and 
     respond to members of the Armed Forces and their family 
     members, are trained in the policies of the airline aimed at 
     benefitting members of the Armed Forces who are on leave.

     SEC. 427. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, 
                   AND ASSOCIATED CAUSES.

       (a) Review.--The Inspector General of the Department of 
     Transportation shall conduct a review regarding air carrier 
     flight delays, cancellations, and associated causes to update 
     its 2000 report numbered CR-2000-112 and titled ``Audit of 
     Air Carrier Flight Delays and Cancellations''.
       (b) Assessments.--In conducting the review under subsection 
     (a), the Inspector General shall assess--
       (1) the need for an update on delay and cancellation 
     statistics, including with respect to the number of 
     chronically delayed flights and taxi-in and taxi-out times;
       (2) air carriers' scheduling practices;
       (3) the need for a reexamination of capacity benchmarks at 
     the Nation's busiest airports;
       (4) the impact of flight delays and cancellations on air 
     travelers, including recommendations for programs that could 
     be implemented to address the impact of flight delays on air 
     travelers;
       (5) the effect that limited air carrier service options on 
     routes have on the frequency of delays and cancellations on 
     such routes;
       (6) the effect of the rules and regulations of the 
     Department of Transportation on the decisions of air carriers 
     to delay or cancel flights; and
       (7) the impact of flight delays and cancellations on the 
     airline industry.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Inspector General shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under this section, including 
     the assessments described in subsection (b).

     SEC. 428. DENIED BOARDING COMPENSATION.

       (a) Evaluation of Denied Boarding Compensation.--Not later 
     than 6 months after the date of enactment of this Act, and 
     every 2 years thereafter, the Secretary of Transportation 
     shall evaluate the amount provided by air carriers for denied 
     boarding compensation.
       (b) Adjustment of Amount.--If, upon completing an 
     evaluation required under subsection (a), the Secretary 
     determines that the amount provided for denied boarding 
     compensation should be adjusted, the Secretary shall issue a 
     regulation to adjust such compensation.

     SEC. 429. COMPENSATION FOR DELAYED BAGGAGE.

       (a) Study.--The Comptroller General shall conduct a study 
     to--
       (1) examine delays in the delivery of checked baggage to 
     passengers of air carriers; and
       (2) assess the options for and examine the impact of 
     establishing minimum standards to compensate a passenger in 
     the case of an unreasonable delay in the delivery of checked 
     baggage.
       (b) Consideration.--In conducting the study, the 
     Comptroller General shall take into account the additional 
     fees for checked baggage that are imposed by many air 
     carriers and how the additional fees should improve an air 
     carrier's baggage performance.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     to Congress a report on the results of the study.

     SEC. 430. SCHEDULE REDUCTION.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration determines that--
       (1) the aircraft operations of air carriers during any hour 
     at an airport exceed the hourly maximum departure and arrival 
     rate established by the Administrator for such operations; 
     and
       (2) the operations in excess of the maximum departure and 
     arrival rate for such hour at such airport are likely to have 
     a significant adverse effect on the safe and efficient use of 
     navigable airspace,

     the Administrator shall convene a meeting of such carriers to 
     reduce pursuant to section 41722 of title 49, United States 
     Code, on a voluntary basis, the number of such operations so 
     as not to exceed the maximum departure and arrival rate.
       (b) No Agreement.--If the air carriers participating in a 
     meeting with respect to an airport under subsection (a) are 
     not able to agree to a reduction in the number of flights to 
     and from the airport so as not to exceed the maximum 
     departure and arrival rate, the Administrator shall take such 
     action as is necessary to ensure such reduction is 
     implemented.

     SEC. 431. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

       The Secretary of Transportation may investigate consumer 
     complaints regarding--
       (1) flight cancellations;
       (2) compliance with Federal regulations concerning 
     overbooking seats on flights;
       (3) lost, damaged, or delayed baggage, and difficulties 
     with related airline claims procedures;
       (4) problems in obtaining refunds for unused or lost 
     tickets or fare adjustments;
       (5) incorrect or incomplete information about fares, 
     discount fare conditions and availability, overcharges, and 
     fare increases;
       (6) the rights of passengers who hold frequent flyer miles 
     or equivalent redeemable awards earned through customer-
     loyalty programs; and
       (7) deceptive or misleading advertising.

     SEC. 432. STUDY OF OPERATORS REGULATED UNDER PART 135.

       (a) Study Required.--The Administrator of the Federal 
     Aviation Administration, in consultation with interested 
     parties, shall conduct a study of operators regulated under 
     part 135 of title 14, Code of Federal Regulations.
       (b) Contents.--In conducting the study under subsection 
     (a), the Administrator shall analyze the part 135 fleet in 
     the United States, which shall include analysis of--
       (1) the size and type of aircraft in the fleet;
       (2) the equipment utilized by the fleet;
       (3) the hours flown each year by the fleet;
       (4) the utilization rates with respect to the fleet;
       (5) the safety record of various categories of use and 
     aircraft types with respect to the fleet, through a review of 
     the database of the National Transportation Safety Board;
       (6) the sales revenues of the fleet; and
       (7) the number of passengers and airports served by the 
     fleet.
       (c) Report.--
       (1) Initial report.--Not later than 18 months after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study conducted under subsection (a).
       (2) Updates.--Not later than 3 years after the date of the 
     submission of the report required under paragraph (1), and 
     every 2 years thereafter, the Administrator shall update the 
     report required under that paragraph and submit the updated 
     report to the committees specified in that paragraph.

     SEC. 433. USE OF CELL PHONES ON PASSENGER AIRCRAFT.

       (a) Cell Phone Study.--Not later than 120 days after the 
     date of enactment of this Act, the

[[Page 4877]]

     Administrator of the Federal Aviation Administration shall 
     conduct a study on the impact of the use of cell phones for 
     voice communications in an aircraft during a flight in 
     scheduled passenger air transportation where currently 
     permitted by foreign governments in foreign air 
     transportation.
       (b) Contents.--The study shall include--
       (1) a review of foreign government and air carrier policies 
     on the use of cell phones during flight;
       (2) a review of the extent to which passengers use cell 
     phones for voice communications during flight; and
       (3) a summary of any impacts of cell phone use during 
     flight on safety, the quality of the flight experience of 
     passengers, and flight attendants.
       (c) Comment Period.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall publish in 
     the Federal Register the results of the study and allow 60 
     days for public comment.
       (d) Cell Phone Report.--Not later than 270 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study.

                  TITLE V--ENVIRONMENTAL STREAMLINING

     SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.

       (a) General Requirements.--Section 40128(a)(1)(C) is 
     amended by inserting ``or voluntary agreement under 
     subsection (b)(7)'' before ``for the park''.
       (b) Exemption for National Parks With 50 or Fewer Flights 
     Each Year.--Section 40128(a) is amended by adding at the end 
     the following:
       ``(5) Exemption for national parks with 50 or fewer flights 
     each year.--
       ``(A) In general.--Notwithstanding paragraph (1), a 
     national park that has 50 or fewer commercial air tour 
     operations over the park each year shall be exempt from the 
     requirements of this section, except as provided in 
     subparagraph (B).
       ``(B) Withdrawal of exemption.--If the Director determines 
     that an air tour management plan or voluntary agreement is 
     necessary to protect park resources and values or park 
     visitor use and enjoyment, the Director shall withdraw the 
     exemption of a park under subparagraph (A).
       ``(C) List of parks.--
       ``(i) In general.--The Director and Administrator shall 
     jointly publish a list each year of national parks that are 
     covered by the exemption provided under this paragraph.
       ``(ii) Notification of withdrawal of exemption.--The 
     Director shall inform the Administrator, in writing, of each 
     determination to withdraw an exemption under subparagraph 
     (B).
       ``(D) Annual report.--A commercial air tour operator 
     conducting commercial air tour operations over a national 
     park that is exempt from the requirements of this section 
     shall submit to the Administrator and the Director a report 
     each year that includes the number of commercial air tour 
     operations the operator conducted during the preceding one-
     year period over such park.''.
       (c) Air Tour Management Plans.--Section 40128(b) is amended 
     by adding at the end the following:
       ``(7) Voluntary agreements.--
       ``(A) In general.--As an alternative to an air tour 
     management plan, the Director and the Administrator may enter 
     into a voluntary agreement with a commercial air tour 
     operator (including a new entrant commercial air tour 
     operator and an operator that has interim operating 
     authority) that has applied to conduct commercial air tour 
     operations over a national park to manage commercial air tour 
     operations over such national park.
       ``(B) Park protection.--A voluntary agreement under this 
     paragraph with respect to commercial air tour operations over 
     a national park shall address the management issues necessary 
     to protect the resources of such park and visitor use of such 
     park without compromising aviation safety or the air traffic 
     control system and may--
       ``(i) include provisions such as those described in 
     subparagraphs (B) through (E) of paragraph (3);
       ``(ii) include provisions to ensure the stability of, and 
     compliance with, the voluntary agreement; and
       ``(iii) provide for fees for such operations.
       ``(C) Public.--The Director and the Administrator shall 
     provide an opportunity for public review of a proposed 
     voluntary agreement under this paragraph and shall consult 
     with any Indian tribe whose tribal lands are, or may be, 
     flown over by a commercial air tour operator under a 
     voluntary agreement under this paragraph. After such 
     opportunity for public review and consultation, the voluntary 
     agreement may be implemented without further administrative 
     or environmental process beyond that described in this 
     subsection.
       ``(D) Termination.--
       ``(i) In general.--A voluntary agreement under this 
     paragraph may be terminated at any time at the discretion 
     of--

       ``(I) the Director, if the Director determines that the 
     agreement is not adequately protecting park resources or 
     visitor experiences; or
       ``(II) the Administrator, if the Administrator determines 
     that the agreement is adversely affecting aviation safety or 
     the national aviation system.

       ``(ii) Effect of termination.--If a voluntary agreement 
     with respect to a national park is terminated under this 
     subparagraph, the operators shall conform to the requirements 
     for interim operating authority under subsection (c) until an 
     air tour management plan for the park is in effect.''.
       (d) Interim Operating Authority.--Section 40128(c) is 
     amended--
       (1) by striking paragraph (2)(I) and inserting the 
     following:
       ``(I) may allow for modifications of the interim operating 
     authority without further environmental review beyond that 
     described in this subsection, if--
       ``(i) adequate information regarding the existing and 
     proposed operations of the operator under the interim 
     operating authority is provided to the Administrator and the 
     Director;
       ``(ii) the Administrator determines that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees with the modification, based on 
     the professional expertise of the Director regarding the 
     protection of the resources, values, and visitor use and 
     enjoyment of the park.''; and
       (2) in paragraph (3)(A) by striking ``if the Administrator 
     determines'' and all that follows through the period at the 
     end and inserting ``without further environmental process 
     beyond that described in this paragraph, if--
       ``(i) adequate information on the proposed operations of 
     the operator is provided to the Administrator and the 
     Director by the operator making the request;
       ``(ii) the Administrator agrees that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees, based on the Director's 
     professional expertise regarding the protection of park 
     resources and values and visitor use and enjoyment.''.
       (e) Operator Reports.--Section 40128 is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Commercial Air Tour Operator Reports.--
       ``(1) Report.--Each commercial air tour operator conducting 
     a commercial air tour operation over a national park under 
     interim operating authority granted under subsection (c) or 
     in accordance with an air tour management plan or voluntary 
     agreement under subsection (b) shall submit to the 
     Administrator and the Director a report regarding the number 
     of commercial air tour operations over each national park 
     that are conducted by the operator and such other information 
     as the Administrator and Director may request in order to 
     facilitate administering the provisions of this section.
       ``(2) Report submission.--Not later than 90 days after the 
     date of enactment of the FAA Reauthorization and Reform Act 
     of 2011, the Administrator and the Director shall jointly 
     issue an initial request for reports under this subsection. 
     The reports shall be submitted to the Administrator and the 
     Director with a frequency and in a format prescribed by the 
     Administrator and the Director.''.

     SEC. 502. STATE BLOCK GRANT PROGRAM.

       (a) General Requirements.--Section 47128(a) is amended--
       (1) in the first sentence by striking ``prescribe 
     regulations'' and inserting ``issue guidance''; and
       (2) in the second sentence by striking ``regulations'' and 
     inserting ``guidance''.
       (b) Applications and Selection.--Section 47128(b)(4) is 
     amended by inserting before the semicolon the following: ``, 
     including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), State and local environmental policy 
     acts, Executive orders, agency regulations and guidance, and 
     other Federal environmental requirements''.
       (c) Environmental Analysis and Coordination Requirements.--
     Section 47128 is amended by adding at the end the following:
       ``(d) Environmental Analysis and Coordination 
     Requirements.--A Federal agency, other than the Federal 
     Aviation Administration, that is responsible for issuing an 
     approval, license, or permit to ensure compliance with a 
     Federal environmental requirement applicable to a project or 
     activity to be carried out by a State using amounts from a 
     block grant made under this section shall--
       ``(1) coordinate and consult with the State;
       ``(2) use the environmental analysis prepared by the State 
     for the project or activity if such analysis is adequate; and
       ``(3) as necessary, consult with the State to describe the 
     supplemental analysis the State must provide to meet 
     applicable Federal requirements.''.

     SEC. 503. NEXTGEN ENVIRONMENTAL EFFICIENCY PROJECTS 
                   STREAMLINING.

       (a) Aviation Project Review Process.--Section 47171(a) is 
     amended in the matter preceding paragraph (1) by striking 
     ``and aviation security projects'' and inserting ``aviation 
     security projects, and NextGen environmental efficiency 
     projects''.
       (b) Aviation Projects Subject to a Streamlined 
     Environmental Review Process.--Section 47171(b) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Airport capacity enhancement projects at congested 
     airports and certain

[[Page 4878]]

     nextgen environmental efficiency projects.--The following 
     projects shall be subject to the coordinated and expedited 
     environmental review process requirements set forth in this 
     section:
       ``(A) An airport capacity enhancement project at a 
     congested airport.
       ``(B) A NextGen environmental efficiency project at an 
     Operational Evolution Partnership airport or any congested 
     airport.''; and
       (2) in paragraph (2)--
       (A) in the heading by striking ``and aviation security 
     projects'' and inserting ``projects, aviation security 
     projects, and any nextgen environmental efficiency 
     projects'';
       (B) in subparagraph (A) by striking ``or aviation security 
     project'' and inserting ``, an aviation security project, or 
     any NextGen environmental efficiency project''; and
       (C) in subparagraph (B) by striking ``or aviation security 
     project'' and inserting ``, aviation security project, or 
     NextGen environmental efficiency project''.
       (c) High Priority for Environmental Reviews.--Section 
     47171(c)(1) is amended by striking ``an airport capacity 
     enhancement project at a congested airport'' and inserting 
     ``a project described in subsection (b)(1)''.
       (d) Identification of Jurisdictional Agencies.--Section 
     47171(d) is amended by striking ``each airport capacity 
     enhancement project at a congested airport'' and inserting 
     ``a project described in subsection (b)(1)''.
       (e) Lead Agency Responsibility.--Section 47171(h) is 
     amended by striking ``airport capacity enhancement projects 
     at congested airports'' and inserting ``projects described in 
     subsection (b)(1)''.
       (f) Alternatives Analysis.--Section 47171(k) is amended by 
     striking ``an airport capacity enhancement project at a 
     congested airport'' and inserting ``a project described in 
     subsection (b)(1)''.
       (g) Definitions.--Section 47171 is amended by adding at the 
     end the following:
       ``(n) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Congested airport.--The term `congested airport' 
     means an airport that accounted for at least one percent of 
     all delayed aircraft operations in the United States in the 
     most recent year for which data is available and an airport 
     listed in table 1 of the Federal Aviation Administration's 
     Airport Capacity Benchmark Report 2004.
       ``(2) Nextgen environmental efficiency project.--The term 
     `NextGen environmental efficiency project' means a Next 
     Generation Air Transportation System aviation project that--
       ``(A) develops and certifies performance-based navigation 
     procedures; or
       ``(B) develops other environmental mitigation projects the 
     Secretary may designate as facilitating a reduction in noise, 
     fuel consumption, or emissions from air traffic operations.
       ``(3) Performance-based navigation.--The term `performance-
     based navigation' means a framework for defining performance 
     requirements in navigation specifications that--
       ``(A) can be applied to an air traffic route, instrument 
     procedure, or defined airspace; or
       ``(B) provides a basis for the design and implementation of 
     automated flight paths, airspace design, and obstacle 
     clearance.''.

     SEC. 504. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

       Section 47173(a) is amended by striking ``services of 
     consultants in order to'' and all that follows through the 
     period at the end and inserting ``services of consultants--
       ``(1) to facilitate the timely processing, review, and 
     completion of environmental activities associated with an 
     airport development project;
       ``(2) to conduct special environmental studies related to 
     an airport project funded with Federal funds;
       ``(3) to conduct special studies or reviews to support 
     approved noise compatibility measures described in part 150 
     of title 14, Code of Federal Regulations;
       ``(4) to conduct special studies or reviews to support 
     environmental mitigation in a record of decision or finding 
     of no significant impact by the Federal Aviation 
     Administration; and
       ``(5) to facilitate the timely processing, review, and 
     completion of environmental activities associated with new or 
     amended flight procedures, including performance-based 
     navigation procedures, such as required navigation 
     performance procedures and area navigation procedures.''.

     SEC. 505. NOISE COMPATIBILITY PROGRAMS.

       Section 47504(a)(2) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (D);
       (2) by striking ``operations.'' in subparagraph (E) and 
     inserting ``operations; and''; and
       (3) by adding at the end the following:
       ``(F) conducting comprehensive land use planning (including 
     master plans, traffic studies, environmental evaluation, and 
     economic and feasibility studies), jointly with neighboring 
     local jurisdictions undertaking community redevelopment in an 
     area in which land or other property interests have been 
     acquired by the operator pursuant to this section, to 
     encourage and enhance redevelopment opportunities that 
     reflect zoning and uses that will prevent the introduction of 
     additional incompatible uses and enhance redevelopment 
     potential.''.

     SEC. 506. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
                   PROCEDURES.

       Section 47504 is amended by adding at the end the 
     following:
       ``(e) Grants for Assessment of Flight Procedures.--
       ``(1) In general.--In accordance with subsection (c)(1), 
     the Secretary may make a grant to an airport operator to 
     assist in completing environmental review and assessment 
     activities for proposals to implement flight procedures at 
     such airport that have been approved as part of an airport 
     noise compatibility program under subsection (b).
       ``(2) Additional staff.--The Administrator may accept funds 
     from an airport operator, including funds provided to the 
     operator under paragraph (1), to hire additional staff or 
     obtain the services of consultants in order to facilitate the 
     timely processing, review, and completion of environmental 
     activities associated with proposals to implement flight 
     procedures at such airport that have been approved as part of 
     an airport noise compatibility program under subsection (b).
       ``(3) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any funds accepted 
     under this section--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the funds are accepted;
       ``(B) shall be available for expenditure only to pay the 
     costs of activities and services for which the funds are 
     accepted; and
       ``(C) shall remain available until expended.''.

     SEC. 507. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL 
                   PROPERTIES.

       Section 47504 (as amended by this Act) is further amended 
     by adding at the end the following:
       ``(f) Determination of Fair Market Value of Residential 
     Properties.--In approving a project to acquire residential 
     real property using financial assistance made available under 
     this section or chapter 471, the Secretary shall ensure that 
     the appraisal of the property to be acquired disregards any 
     decrease or increase in the fair market value of the real 
     property caused by the project for which the property is to 
     be acquired, or by the likelihood that the property would be 
     acquired for the project, other than that due to physical 
     deterioration within the reasonable control of the owner.''.

     SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 
                   75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 
                   3 NOISE LEVELS.

       (a) In General.--Subchapter II of chapter 475 is amended by 
     adding at the end the following:

     ``Sec. 47534. Prohibition on operating certain aircraft 
       weighing 75,000 pounds or less not complying with stage 3 
       noise levels

       ``(a) Prohibition.--Except as otherwise provided by this 
     section, after December 31, 2014, a person may not operate a 
     civil subsonic jet airplane with a maximum weight of 75,000 
     pounds or less, and for which an airworthiness certificate 
     (other than an experimental certificate) has been issued, to 
     or from an airport in the United States unless the Secretary 
     of Transportation finds that the aircraft complies with stage 
     3 noise levels.
       ``(b) Aircraft Operations Outside 48 Contiguous States.--
     Subsection (a) shall not apply to aircraft operated only 
     outside the 48 contiguous States.
       ``(c) Temporary Operations.--The Secretary may allow 
     temporary operation of an aircraft otherwise prohibited from 
     operation under subsection (a) to or from an airport in the 
     contiguous United States by granting a special flight 
     authorization for one or more of the following circumstances:
       ``(1) To sell, lease, or use the aircraft outside the 48 
     contiguous States.
       ``(2) To scrap the aircraft.
       ``(3) To obtain modifications to the aircraft to meet stage 
     3 noise levels.
       ``(4) To perform scheduled heavy maintenance or significant 
     modifications on the aircraft at a maintenance facility 
     located in the contiguous 48 States.
       ``(5) To deliver the aircraft to an operator leasing the 
     aircraft from the owner or return the aircraft to the lessor.
       ``(6) To prepare, park, or store the aircraft in 
     anticipation of any of the activities described in paragraphs 
     (1) through (5).
       ``(7) To provide transport of persons and goods in the 
     relief of an emergency situation.
       ``(8) To divert the aircraft to an alternative airport in 
     the 48 contiguous States on account of weather, mechanical, 
     fuel, air traffic control, or other safety reasons while 
     conducting a flight in order to perform any of the activities 
     described in paragraphs (1) through (7).
       ``(d) Regulations.--The Secretary may prescribe such 
     regulations or other guidance as may be necessary for the 
     implementation of this section.
       ``(e) Statutory Construction.--
       ``(1) AIP grant assurances.--Noncompliance with subsection 
     (a) shall not be construed as a violation of section 47107 or 
     any regulations prescribed thereunder.
       ``(2) Pending applications.--Nothing in this section may be 
     construed as interfering with, nullifying, or otherwise 
     affecting determinations made by the Federal Aviation 
     Administration, or to be made by the Administration, with 
     respect to applications under part 161 of title 14, Code of 
     Federal Regulations, that were pending on the date of 
     enactment of this section.''.
       (b) Conforming Amendments.--
       (1) Section 47531 is amended--
       (A) in the section heading by striking ``for violating 
     sections 47528-47530''; and
       (B) by striking ``47529, or 47530'' and inserting ``47529, 
     47530, or 47534''.
       (2) Section 47532 is amended by inserting ``or 47534'' 
     after ``47528-47531''.
       (3) The analysis for subchapter II of chapter 475 is 
     amended--
       (A) by striking the item relating to section 47531 and 
     inserting the following:

``47531. Penalties.''; and

[[Page 4879]]

       (B) by adding at the end the following:

``47534. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise 
              levels.''.

     SEC. 509. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

       (a) In General.--The Secretary of Transportation shall 
     carry out a pilot program at not more than 5 public-use 
     airports under which the Federal Aviation Administration 
     shall use funds made available under section 48101(a) to test 
     air traffic flow management tools, methodologies, and 
     procedures that will allow air traffic controllers of the 
     Administration to better manage the flow of aircraft on the 
     ground and reduce the length of ground holds and idling time 
     for aircraft.
       (b) Selection Criteria.--In selecting from among airports 
     at which to conduct the pilot program, the Secretary shall 
     give priority consideration to airports at which improvements 
     in ground control efficiencies are likely to achieve the 
     greatest fuel savings or air quality or other environmental 
     benefits, as measured by the amount of reduced fuel, reduced 
     emissions, or other environmental benefits per dollar of 
     funds expended under the pilot program.
       (c) Maximum Amount.--Not more than a total of $2,500,000 
     may be expended under the pilot program at any single public-
     use airport.

     SEC. 510. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE 
                   AIR TRAFFIC CONTROL FACILITIES.

       The Administrator of the Federal Aviation Administration 
     may implement, to the extent practicable, sustainable 
     practices for the incorporation of energy-efficient design, 
     equipment, systems, and other measures in the construction 
     and major renovation of air traffic control facilities of the 
     Administration in order to reduce energy consumption at, 
     improve the environmental performance of, and reduce the cost 
     of maintenance for such facilities.

     SEC. 511. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the European Union directive extending the European 
     Union's emissions trading proposal to international civil 
     aviation without working through the International Civil 
     Aviation Organization (in this section referred to as the 
     ``ICAO'') in a consensus-based fashion is inconsistent with 
     the Convention on International Civil Aviation, completed in 
     Chicago on December 7, 1944 (TIAS 1591; commonly known as the 
     ``Chicago Convention''), and other relevant air services 
     agreements and antithetical to building international 
     cooperation to address effectively the problem of greenhouse 
     gas emissions by aircraft engaged in international civil 
     aviation; and
       (2) the European Union and its member states should instead 
     work with other contracting states of ICAO to develop a 
     consensual approach to addressing aircraft greenhouse gas 
     emissions through ICAO.

     SEC. 512. AVIATION NOISE COMPLAINTS.

       (a) Telephone Number Posting.--Not later than 90 days after 
     the date of enactment of this Act, each owner or operator of 
     a large hub airport (as defined in section 40102(a) of title 
     49, United States Code) shall publish on an Internet Web site 
     of the airport a telephone number to receive aviation noise 
     complaints related to the airport.
       (b) Summaries and Reports.--Not later than 15 months after 
     the date of enactment of this Act, and annually thereafter, 
     an owner or operator that receives noise complaints from 25 
     individuals during the preceding year under subsection (a) 
     shall submit to the Administrator of the Federal Aviation 
     Administration a report regarding the number of complaints 
     received and a summary regarding the nature of such 
     complaints. The Administrator shall make such information 
     available to the public by electronic means.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

     SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

       (a) Dispute Resolution.--Section 40122(a) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Dispute resolution.--
       ``(A) Mediation.--If the Administrator does not reach an 
     agreement under paragraph (1) or the provisions referred to 
     in subsection (g)(2)(C) with the exclusive bargaining 
     representative of the employees, the Administrator and the 
     bargaining representative--
       ``(i) shall use the services of the Federal Mediation and 
     Conciliation Service to attempt to reach such agreement in 
     accordance with part 1425 of title 29, Code of Federal 
     Regulations (as in effect on the date of enactment of the FAA 
     Reauthorization and Reform Act of 2011); or
       ``(ii) may by mutual agreement adopt alternative procedures 
     for the resolution of disputes or impasses arising in the 
     negotiation of the collective-bargaining agreement.
       ``(B) Mid-term bargaining.--If the services of the Federal 
     Mediation and Conciliation Service under subparagraph (A)(i) 
     do not lead to the resolution of issues in controversy 
     arising from the negotiation of a mid-term collective-
     bargaining agreement, the Federal Service Impasses Panel 
     shall assist the parties in resolving the impasse in 
     accordance with section 7119 of title 5.
       ``(C) Binding arbitration for term bargaining.--
       ``(i) Assistance from federal service impasses panel.--If 
     the services of the Federal Mediation and Conciliation 
     Service under subparagraph (A)(i) do not lead to the 
     resolution of issues in controversy arising from the 
     negotiation of a term collective-bargaining agreement, the 
     Administrator and the exclusive bargaining representative of 
     the employees (in this subparagraph referred to as the 
     `parties') shall submit their issues in controversy to the 
     Federal Service Impasses Panel. The Panel shall assist the 
     parties in resolving the impasse by asserting jurisdiction 
     and ordering binding arbitration by a private arbitration 
     board consisting of 3 members.
       ``(ii) Appointment of arbitration board.--The Executive 
     Director of the Panel shall provide for the appointment of 
     the 3 members of a private arbitration board under clause (i) 
     by requesting the Director of the Federal Mediation and 
     Conciliation Service to prepare a list of not less than 15 
     names of arbitrators with Federal sector experience and by 
     providing the list to the parties. Not later than 10 days 
     after receiving the list, the parties shall each select one 
     person from the list. The 2 arbitrators selected by the 
     parties shall then select a third person from the list not 
     later than 7 days after being selected. If either of the 
     parties fails to select a person or if the 2 arbitrators are 
     unable to agree on the third person in 7 days, the parties 
     shall make the selection by alternately striking names on the 
     list until one arbitrator remains.
       ``(iii) Framing issues in controversy.--If the parties do 
     not agree on the framing of the issues to be submitted for 
     arbitration, the arbitration board shall frame the issues.
       ``(iv) Hearings.--The arbitration board shall give the 
     parties a full and fair hearing, including an opportunity to 
     present evidence in support of their claims and an 
     opportunity to present their case in person, by counsel, or 
     by other representative as they may elect.
       ``(v) Decisions.--The arbitration board shall render its 
     decision within 90 days after the date of its appointment. 
     Decisions of the arbitration board shall be conclusive and 
     binding upon the parties.
       ``(vi) Matters for consideration.--The arbitration board 
     shall take into consideration such factors as--

       ``(I) the effect of its arbitration decisions on the 
     Federal Aviation Administration's ability to attract and 
     retain a qualified workforce;
       ``(II) the effect of its arbitration decisions on the 
     Federal Aviation Administration's budget;
       ``(III) the effect of its arbitration decisions on other 
     Federal Aviation Administration employees; and
       ``(IV) any other factors whose consideration would assist 
     the board in fashioning a fair and equitable award.

       ``(vii) Costs.--The parties shall share costs of the 
     arbitration equally.
       ``(3) Ratification of agreements.--Upon reaching a 
     voluntary agreement or at the conclusion of the binding 
     arbitration under paragraph (2)(C), the final agreement, 
     except for those matters decided by an arbitration board, 
     shall be subject to ratification by the exclusive bargaining 
     representative of the employees, if so requested by the 
     bargaining representative, and the final agreement shall be 
     subject to approval by the head of the agency in accordance 
     with the provisions referred to in subsection (g)(2)(C).''.

     SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.

       Section 40122(g)(2) is amended--
       (1) in subparagraph (G) by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (H) by striking ``Board.'' and 
     inserting ``Board; and''; and
       (3) by adding at the end the following:
       ``(I) subsections (b), (c), and (d) of section 4507 
     (relating to Meritorious Executive or Distinguished Executive 
     rank awards) and subsections (b) and (c) of section 4507a 
     (relating to Meritorious Senior Professional or Distinguished 
     Senior Professional rank awards), except that--
       ``(i) for purposes of applying such provisions to the 
     personnel management system--

       ``(I) the term `agency' means the Department of 
     Transportation;
       ``(II) the term `senior executive' means a Federal Aviation 
     Administration executive;
       ``(III) the term `career appointee' means a Federal 
     Aviation Administration career executive; and
       ``(IV) the term `senior career employee' means a Federal 
     Aviation Administration career senior professional;

       ``(ii) receipt by a career appointee or a senior career 
     employee of the rank of Meritorious Executive or Meritorious 
     Senior Professional entitles the individual to a lump-sum 
     payment of an amount equal to 20 percent of annual basic pay, 
     which shall be in addition to the basic pay paid under the 
     Federal Aviation Administration Executive Compensation Plan; 
     and
       ``(iii) receipt by a career appointee or a senior career 
     employee of the rank of Distinguished Executive or 
     Distinguished Senior Professional entitles the individual to 
     a lump-sum payment of an amount equal to 35 percent of annual 
     basic pay, which shall be in addition to the basic pay paid 
     under the Federal Aviation Administration Executive 
     Compensation Plan.''.

     SEC. 603. FAA TECHNICAL TRAINING AND STAFFING.

       (a) Study.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall conduct a study to assess the adequacy 
     of the Administrator's technical training strategy and 
     improvement plan for airway transportation systems 
     specialists (in this section referred to as ``FAA systems 
     specialists'').

[[Page 4880]]

       (2) Contents.--The study shall include--
       (A) a review of the current technical training strategy and 
     improvement plan for FAA systems specialists;
       (B) recommendations to improve the technical training 
     strategy and improvement plan needed by FAA systems 
     specialists to be proficient in the maintenance of the latest 
     technologies;
       (C) a description of actions that the Administration has 
     undertaken to ensure that FAA systems specialists receive up-
     to-date training on the latest technologies; and
       (D) a recommendation regarding the most cost-effective 
     approach to provide training to FAA systems specialists.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.
       (b) Workload of Systems Specialists.--
       (1) Study by national academy of sciences.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     make appropriate arrangements for the National Academy of 
     Sciences to conduct a study of the assumptions and methods 
     used by the Federal Aviation Administration to estimate 
     staffing needs for FAA systems specialists to ensure proper 
     maintenance and certification of the national airspace system 
     in the most cost effective manner.
       (2) Consultation.--In conducting the study, the National 
     Academy of Sciences shall interview interested parties, 
     including labor, government, and industry representatives.
       (3) Report.--Not later than one year after the initiation 
     of the arrangements under paragraph (1), the National Academy 
     of Sciences shall submit to Congress a report on the results 
     of the study.

     SEC. 604. SAFETY CRITICAL STAFFING.

       (a) In General.--Not later than October 1, 2011, the 
     Administrator of the Federal Aviation Administration shall 
     implement, to the extent practicable and in a cost-effective 
     manner, the staffing model for aviation safety inspectors 
     developed pursuant to the National Academy of Sciences study 
     entitled ``Staffing Standards for Aviation Safety 
     Inspectors''. In doing so, the Administrator shall consult 
     with interested persons, including aviation safety 
     inspectors.
       (b) Report.--Not later than October 1 of each fiscal year 
     beginning after September 30, 2011, the Administrator shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     staffing model described in subsection (a).
       (c) Safety Critical Positions Defined.--In this section, 
     the term ``safety critical positions'' means--
       (1) aviation safety inspectors, safety technical 
     specialists, and operational support positions in the Flight 
     Standards Service (as such terms are used in the 
     Administration's fiscal year 2011 congressional budget 
     justification); and
       (2) manufacturing safety inspectors, pilots, engineers, 
     chief scientific and technical advisors, safety technical 
     specialists, and operational support positions in the 
     Aircraft Certification Service (as such terms are used in the 
     Administration's fiscal year 2011 congressional budget 
     justification).

     SEC. 605. FAA AIR TRAFFIC CONTROLLER STAFFING.

       (a) Study by National Academy of Sciences.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to conduct a study of the air traffic controller 
     standards used by the Federal Aviation Administration (in 
     this section referred to as the ``FAA'') to estimate staffing 
     needs for FAA air traffic controllers to ensure the safe 
     operation of the national airspace system in the most cost 
     effective manner.
       (b) Consultation.--In conducting the study, the National 
     Academy of Sciences shall interview interested parties, 
     including employee, Government, and industry representatives.
       (c) Contents.--The study shall include--
       (1) an examination of representative information on 
     productivity, human factors, traffic activity, and improved 
     technology and equipment used in air traffic control;
       (2) an examination of recent National Academy of Sciences 
     reviews of the complexity model performed by MITRE 
     Corporation that support the staffing standards models for 
     the en route air traffic control environment; and
       (3) consideration of the Administration's current and 
     estimated budgets and the most cost-effective staffing model 
     to best leverage available funding.
       (d) Report.--Not later than 2 years after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     on the results of the study.

     SEC. 606. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION 
                   TRAINING.

       Section 44506 is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Air Traffic Control Specialist Qualification 
     Training.--
       ``(1) Appointment of air traffic control specialists.--The 
     Administrator is authorized to appoint a qualified air 
     traffic control specialist candidate for placement in an 
     airport traffic control facility if the candidate has--
       ``(A) received a control tower operator certification 
     (referred to in this subsection as a `CTO' certificate); and
       ``(B) satisfied all other applicable qualification 
     requirements for an air traffic control specialist position.
       ``(2) Compensation and benefits.--An individual appointed 
     under paragraph (1) shall receive the same compensation and 
     benefits, and be treated in the same manner as, any other 
     individual appointed as a developmental air traffic 
     controller.
       ``(3) Report.--Not later than 18 months after the date of 
     enactment of the FAA Reauthorization and Reform Act of 2011, 
     the Administrator shall submit to Congress a report that 
     evaluates the effectiveness of the air traffic control 
     specialist qualification training provided pursuant to this 
     section, including the graduation rates of candidates who 
     received a CTO certificate and are working in airport traffic 
     control facilities.
       ``(4) Additional appointments.--If the Administrator 
     determines that air traffic control specialists appointed 
     pursuant to this subsection are more successful in carrying 
     out the duties of an air traffic controller than air traffic 
     control specialists hired from the general public without any 
     such certification, the Administrator shall increase the 
     number of appointments of candidates who possess such 
     certification.
       ``(5) Reimbursement for travel expenses associated with 
     certifications.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Administrator may accept reimbursement from an educational 
     entity that provides training to an air traffic control 
     specialist candidate to cover reasonable travel expenses of 
     the Administrator associated with issuing certifications to 
     such candidates.
       ``(B) Treatment of reimbursements.--Notwithstanding section 
     3302 of title 31, any reimbursement authorized to be 
     collected under subparagraph (A) shall--
       ``(i) be credited as offsetting collections to the account 
     that finances the activities and services for which the 
     reimbursement is accepted;
       ``(ii) be available for expenditure only to pay the costs 
     of activities and services for which the reimbursement is 
     accepted, including all costs associated with collecting such 
     reimbursement; and
       ``(iii) remain available until expended.''.

     SEC. 607. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC 
                   CONTROLLERS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study to assess the adequacy 
     of training programs for air traffic controllers, including 
     the Administrator's technical training strategy and 
     improvement plan for air traffic controllers.
       (b) Contents.--The study shall include--
       (1) a review of the current training system for air traffic 
     controllers, including the technical training strategy and 
     improvement plan;
       (2) an analysis of the competencies required of air traffic 
     controllers for successful performance in the current and 
     future projected air traffic control environment;
       (3) an analysis of the competencies projected to be 
     required of air traffic controllers as the Federal Aviation 
     Administration transitions to the Next Generation Air 
     Transportation System;
       (4) an analysis of various training approaches available to 
     satisfy the controller competencies identified under 
     paragraphs (2) and (3);
       (5) recommendations to improve the current training system 
     for air traffic controllers, including the technical training 
     strategy and improvement plan; and
       (6) the most cost-effective approach to provide training to 
     air traffic controllers.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

     SEC. 608. COLLEGIATE TRAINING INITIATIVE STUDY.

       (a) Study.--The Comptroller General shall conduct a study 
     on training options for graduates of the Collegiate Training 
     Initiative program (in this section referred to as ``CTI'' 
     programs) conducted under section 44506(c) of title 49, 
     United States Code.
       (b) Contents.--The study shall analyze the impact of 
     providing as an alternative to the current training provided 
     at the Mike Monroney Aeronautical Center of the Federal 
     Aviation Administration a new controller orientation session 
     at the Mike Monroney Aeronautical Center for graduates of CTI 
     programs followed by on-the-job training for newly hired air 
     traffic controllers who are graduates of CTI programs and 
     shall include an analysis of--
       (1) the cost effectiveness of such an alternative training 
     approach; and
       (2) the effect that such an alternative training approach 
     would have on the overall quality of training received by 
     graduates of CTI programs.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study.

     SEC. 609. FAA FACILITY CONDITIONS.

       (a) Study.--The Comptroller General shall conduct a study 
     of--

[[Page 4881]]

       (1) the conditions of a sampling of Federal Aviation 
     Administration facilities across the United States, including 
     offices, towers, centers, and terminal radar air control;
       (2) reports from employees of the Administration relating 
     to respiratory ailments and other health conditions resulting 
     from exposure to mold, asbestos, poor air quality, radiation, 
     and facility-related hazards in facilities of the 
     Administration;
       (3) conditions of such facilities that could interfere with 
     such employees' ability to effectively and safely perform 
     their duties;
       (4) the ability of managers and supervisors of such 
     employees to promptly document and seek remediation for 
     unsafe facility conditions;
       (5) whether employees of the Administration who report 
     facility-related illnesses are treated appropriately;
       (6) utilization of scientifically approved remediation 
     techniques to mitigate hazardous conditions in accordance 
     with applicable State and local regulations and Occupational 
     Safety and Health Administration practices by the 
     Administration; and
       (7) resources allocated to facility maintenance and 
     renovation by the Administration.
       (b) Facility Condition Indices.--The Comptroller General 
     shall review the facility condition indices of the 
     Administration for inclusion in the recommendations under 
     subsection (c).
       (c) Recommendations.--Based on the results of the study and 
     review of facility condition indices under subsection (a), 
     the Comptroller General shall make such recommendations as 
     the Comptroller General considers necessary to--
       (1) prioritize those facilities needing the most immediate 
     attention based on risks to employee health and safety;
       (2) ensure that the Administration is using scientifically 
     approved remediation techniques in all facilities; and
       (3) assist the Administration in making programmatic 
     changes so that aging facilities do not deteriorate to unsafe 
     levels.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Administrator, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on results of the study, including 
     the recommendations under subsection (c).

     SEC. 610. FRONTLINE MANAGER STAFFING.

       (a) Study.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall commission an independent study 
     on frontline manager staffing requirements in air traffic 
     control facilities.
       (b) Considerations.--In conducting the study, the 
     Administrator may take into consideration--
       (1) the managerial tasks expected to be performed by 
     frontline managers, including employee development, 
     management, and counseling;
       (2) the number of supervisory positions of operation 
     requiring watch coverage in each air traffic control 
     facility;
       (3) coverage requirements in relation to traffic demand;
       (4) facility type;
       (5) complexity of traffic and managerial responsibilities;
       (6) proficiency and training requirements; and
       (7) such other factors as the Administrator considers 
     appropriate.
       (c) Participation.--The Administrator shall ensure the 
     participation of frontline managers who currently work in 
     safety-related operational areas of the Administration.
       (d) Determinations.--The Administrator shall transmit any 
     determinations made as a result of the study to the heads of 
     the appropriate lines of business within the Administration, 
     including the Chief Operating Officer of the Air Traffic 
     Organization.
       (e) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study and a description of any determinations submitted 
     to the Chief Operating Officer under subsection (c).
       (f) Definition.--In this section, the term ``frontline 
     manager'' means first-level, operational supervisors and 
     managers who work in safety-related operational areas of the 
     Administration.

                     TITLE VII--AVIATION INSURANCE

     SEC. 701. GENERAL AUTHORITY.

       (a) Extension of Policies.--Section 44302(f)(1) is amended 
     by striking ``shall extend through'' and all that follows 
     through ``the termination date'' and inserting ``shall extend 
     through September 30, 2013, and may extend through December 
     31, 2013, the termination date''.
       (b) Successor Program.--Section 44302(f) is amended by 
     adding at the end the following:
       ``(3) Successor program.--
       ``(A) In general.--After December 31, 2021, coverage for 
     the risks specified in a policy that has been extended under 
     paragraph (1) shall be provided in an airline industry 
     sponsored risk retention or other risk-sharing arrangement 
     approved by the Secretary.
       ``(B) Transfer of premiums.--
       ``(i) In general.--On December 31, 2021, and except as 
     provided in clause (ii), premiums collected by the Secretary 
     from the airline industry after September 22, 2001, for any 
     policy under this subsection, and interest earned thereon, as 
     determined by the Secretary, shall be transferred to an 
     airline industry sponsored risk retention or other risk-
     sharing arrangement approved by the Secretary.
       ``(ii) Determination of amount transferred.--The amount 
     transferred pursuant to clause (i) shall be less--

       ``(I) the amount of any claims paid out on such policies 
     from September 22, 2001, through December 31, 2021;
       ``(II) the amount of any claims pending under such policies 
     as of December 31, 2021; and
       ``(III) the cost, as determined by the Secretary, of 
     administering the provision of insurance policies under this 
     chapter from September 22, 2001, through December 31, 
     2021.''.

     SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY 
                   LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS 
                   OF TERRORISM.

       The first sentence of section 44303(b) is amended by 
     striking ``ending on'' and all that follows through ``the 
     Secretary may certify'' and inserting ``ending on December 
     31, 2013, the Secretary may certify''.

     SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

       The second sentence of section 44304 is amended by striking 
     ``the carrier'' and inserting ``any insurance carrier''.

     SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

       The second sentence of section 44308(c)(1) is amended by 
     striking ``agent'' and inserting ``agent, or a claims 
     adjuster who is independent of the underwriting agent,''.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST 
                   OF NATIONAL SECURITY.

       Section 40119(b) is amended by adding at the end the 
     following:
       ``(4) Section 552a of title 5 shall not apply to 
     disclosures that the Administrator may make from the systems 
     of records of the Administration to any Federal law 
     enforcement, intelligence, protective service, immigration, 
     or national security official in order to assist the official 
     receiving the information in the performance of official 
     duties.''.

     SEC. 802. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE 
                   SYSTEMS.

       (a) In General.--Chapter 401 is amended by adding at the 
     end the following:

     ``Sec. 40130. FAA access to criminal history records and 
       database systems

       ``(a) Access to Records and Database Systems.--
       ``(1) Access to information.--Notwithstanding section 534 
     of title 28, and regulations issued to implement such 
     section, the Administrator of the Federal Aviation 
     Administration may have direct access to a system of 
     documented criminal justice information maintained by the 
     Department of Justice or by a State, but may do so only for 
     the purpose of carrying out civil and administrative 
     responsibilities of the Administration to protect the safety 
     and security of the national airspace system or to support 
     the missions of the Department of Justice, the Department of 
     Homeland Security, and other law enforcement agencies.
       ``(2) Release of information.--In accessing a system 
     referred to in paragraph (1), the Administrator shall be 
     subject to the same conditions and procedures established by 
     the Department of Justice or the State for other governmental 
     agencies with direct access to the system.
       ``(3) Limitation.--The Administrator may not use the direct 
     access authorized under paragraph (1) to conduct criminal 
     investigations.
       ``(b) Designated Employees.--The Administrator shall 
     designate, by order, employees of the Administration who 
     shall carry out the authority described in subsection (a). 
     The designated employees may--
       ``(1) have direct access to and receive criminal history, 
     driver, vehicle, and other law enforcement information 
     contained in the law enforcement databases of the Department 
     of Justice, or any jurisdiction of a State, in the same 
     manner as a police officer employed by a State or local 
     authority of that State who is certified or commissioned 
     under the laws of that State;
       ``(2) use any radio, data link, or warning system of the 
     Federal Government, and of any jurisdiction in a State, that 
     provides information about wanted persons, be-on-the-lookout 
     notices, warrant status, or other officer safety information 
     to which a police officer employed by a State or local 
     authority in that State who is certified or commissioned 
     under the laws of that State has direct access and in the 
     same manner as such police officer; and
       ``(3) receive Federal, State, or local government 
     communications with a police officer employed by a State or 
     local authority in that State in the same manner as a police 
     officer employed by a State or local authority in that State 
     who is commissioned under the laws of that State.
       ``(c) System of Documented Criminal Justice Information 
     Defined.--In this section, the term `system of documented 
     criminal justice information' means any law enforcement 
     database, system, or communication containing information 
     concerning identification, criminal history, arrests, 
     convictions, arrest warrants, wanted or missing persons, 
     including the National Crime Information Center and its 
     incorporated criminal history databases and the National Law 
     Enforcement Telecommunications System.''.
       (b) Clerical Amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:


[[Page 4882]]


``40130. FAA access to criminal history records and database 
              systems.''.

     SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.

       Section 46301 is amended--
       (1) in subsection (a)(1)(A) by inserting ``chapter 451,'' 
     before ``section 47107(b)'';
       (2) in subsection (a)(5)(A)(i)--
       (A) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (B) by inserting after ``44909)'' the following: ``, or 
     chapter 451'';
       (3) in subsection (d)(2)--
       (A) by inserting after ``44723)'' the following: ``, 
     chapter 451 (except section 45107)'';
       (B) by inserting after ``44909),'' the following: ``section 
     45107,'';
       (C) by striking ``46302'' and inserting ``section 46302''; 
     and
       (D) by striking ``46303'' and inserting ``section 46303''; 
     and
       (4) in subsection (f)(1)(A)(i)--
       (A) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (B) by inserting after ``44909)'' the following: ``, or 
     chapter 451''.

     SEC. 804. REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND 
                   FACILITIES.

       (a) In General.--Chapter 445 (as amended by this Act) is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 44519. Realignment and consolidation of FAA services 
       and facilities

       ``(a) Purpose.--The purpose of this section is to establish 
     a fair process that will result in the realignment and 
     consolidation of FAA services and facilities to help reduce 
     capital, operating, maintenance, and administrative costs and 
     facilitate Next Generation Air Transportation System air 
     traffic control modernization efforts without adversely 
     affecting safety.
       ``(b) General Authority.--Subject to the requirements of 
     this section, the Administrator of the Federal Aviation 
     Administration shall realign and consolidate FAA services and 
     facilities pursuant to recommendations made by the Aviation 
     Facilities and Services Board established under subsection 
     (g).
       ``(c) Administrator's Recommendations.--
       ``(1) Proposed criteria.--
       ``(A) In general.--The Administrator shall develop proposed 
     criteria for use by the Administrator in making 
     recommendations for the realignment and consolidation of FAA 
     services and facilities under this section.
       ``(B) Publication; transmittal to congress.--Not later than 
     30 days after the date of enactment of this section, the 
     Administrator shall publish the proposed criteria in the 
     Federal Register and transmit the proposed criteria to the 
     congressional committees of interest.
       ``(C) Notice and comment.--The Administrator shall provide 
     an opportunity for public comment on the proposed criteria 
     for a period of at least 30 days and shall include notice of 
     that opportunity in the Federal Register.
       ``(2) Final criteria.--
       ``(A) In general.--The Administrator shall establish final 
     criteria based on the proposed criteria developed under 
     paragraph (1).
       ``(B) Publication; transmittal to congress.--Not later than 
     90 days after the date of enactment of this section, the 
     Administrator shall publish the final criteria in the Federal 
     Register and transmit the final criteria to the congressional 
     committees of interest.
       ``(3) Recommendations.--
       ``(A) In general.--The Administrator shall make 
     recommendations for the realignment and consolidation of FAA 
     services and facilities under this section based on the final 
     criteria established under paragraph (2).
       ``(B) Contents.--The recommendations shall consist of a 
     list of FAA services and facilities for realignment and 
     consolidation, together with a justification for each service 
     and facility included on the list.
       ``(C) Publication; transmittal to board and congress.--Not 
     later than 120 days after the date of enactment of this 
     section, the Administrator shall publish the recommendations 
     in the Federal Register and transmit the recommendations to 
     the Board and the congressional committees of interest.
       ``(D) Information.--The Administrator shall make available 
     to the Board and the Comptroller General all information used 
     by the Administrator in establishing the recommendations.
       ``(E) Additional recommendations.--The Administrator is 
     authorized to make additional recommendations under this 
     paragraph every 2 years.
       ``(d) Board's Review and Recommendations.--
       ``(1) Public hearings.--Not later than 30 days after the 
     date of receipt of the Administrator's recommendations under 
     subsection (c), the Board shall conduct public hearings on 
     the recommendations.
       ``(2) Board's recommendations.--
       ``(A) Report to congress.--Based on the Board's review and 
     analysis of the Administrator's recommendations and any 
     public comments received under paragraph (1), the Board shall 
     develop a report containing the Board's findings and 
     conclusions concerning the Administrator's recommendations, 
     together with the Board's recommendations for realignment and 
     consolidation of FAA services and facilities. The Board shall 
     explain and justify in the report any recommendation made by 
     the Board that differs from a recommendation made by the 
     Administrator.
       ``(B) Publication in federal register; transmittal to 
     congress.--Not later than 60 days after the date of receipt 
     of the Administrator's recommendations under subsection (c), 
     the Board shall publish the report in the Federal Register 
     and transmit the report to the congressional committees of 
     interest.
       ``(3) Assistance of comptroller general.--The Comptroller 
     General shall assist the Board, to the extent requested by 
     the Board, in the Board's review and analysis of the 
     Administrator's recommendations.
       ``(e) Realignment and Consolidation of FAA Services and 
     Facilities.--Subject to subsection (f), the Administrator 
     shall--
       ``(1) realign or consolidate the FAA services and 
     facilities recommended for realignment or consolidation by 
     the Board in a report transmitted under subsection (d);
       ``(2) initiate all such realignments and consolidations not 
     later than one year after the date of the report; and
       ``(3) complete all such realignments and consolidations not 
     later than 3 years after the date of the report.
       ``(f) Congressional Disapproval.--
       ``(1) In general.--The Administrator may not carry out a 
     recommendation of the Board for realignment or consolidation 
     of FAA services and facilities that is included in a report 
     transmitted under subsection (d) if a joint resolution of 
     disapproval is enacted disapproving such recommendation 
     before the earlier of--
       ``(A) the last day of the 30-day period beginning on the 
     date of the report; or
       ``(B) the adjournment of Congress sine die for the session 
     during which the report is transmitted.
       ``(2) Computation of 30-day period.--For purposes of 
     paragraph (1)(A), the days on which either house of Congress 
     is not in session because of an adjournment of more than 3 
     days to a day certain shall be excluded in computation of the 
     30-day period.
       ``(g) Aviation Facilities and Services Board.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this section, the Secretary of 
     Transportation shall establish an independent board to be 
     known as the `Aviation Facilities and Services Board'.
       ``(2) Composition.--The Board shall be composed of the 
     following members:
       ``(A) The Secretary (or a designee of the Secretary), who 
     shall be the Chair of the Board.
       ``(B) Two members appointed by the Secretary, who may not 
     be officers or employees of the Federal Government.
       ``(C) The Comptroller General (or a designee of the 
     Comptroller General), who shall be a nonvoting member of the 
     Board.
       ``(3) Duties.--The Board shall carry out the duties 
     specified for the Board in this section.
       ``(4) Term.--The members of the Board to be appointed under 
     paragraph (2)(B) shall each be appointed for a term of 3 
     years.
       ``(5) Vacancies.--A vacancy in the Board shall be filled in 
     the same manner as the original appointment was made, but the 
     individual appointed to fill the vacancy shall serve only for 
     the unexpired portion of the term for which the individual's 
     predecessor was appointed.
       ``(6) Compensation and benefits.--A member of the Board may 
     not receive any compensation or benefits from the Federal 
     Government for serving on the Board, except that--
       ``(A) a member shall receive compensation for work injuries 
     under subchapter I of chapter 81 of title 5; and
       ``(B) a member shall be paid actual travel expenses and per 
     diem in lieu of subsistence expenses when away from the 
     member's usual place of residence in accordance with section 
     5703 of title 5.
       ``(7) Staff.--The Administrator shall make available to the 
     Board such staff, information, and administrative services 
     and assistance as may be reasonably required to enable the 
     Board to carry out its responsibilities under this section. 
     The Board may employ experts and consultants on a temporary 
     or intermittent basis with the approval of the Secretary.
       ``(8) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Board.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Administrator for each of fiscal years 2011 through 
     2014 $200,000 for the Board to carry out its duties.
       ``(2) Availability of amounts.--Amounts appropriated 
     pursuant to paragraph (1) shall remain available until 
     expended.
       ``(i) Effect on Other Authorities.--Nothing in this section 
     shall be construed to affect the authorities provided in 
     section 44503 or the existing authorities or responsibilities 
     of the Administrator under this title to manage the 
     operations of the Federal Aviation Administration, including 
     realignment or consolidation of facilities or services.
       ``(j) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Board.--The term `Board' means the Aviation 
     Facilities and Services Board established under subsection 
     (g).
       ``(2) Congressional committees of interest.--The term 
     `congressional committees of interest' means the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(3) FAA.--The term `FAA' means the Federal Aviation 
     Administration.
       ``(4) Realignment.--The term `realignment' includes any 
     action that relocates functions and personnel positions but 
     does not include an overall reduction in personnel resulting 
     from workload adjustments.''.

[[Page 4883]]

       (b) Clerical Amendment.--The analysis for chapter 445 (as 
     amended by this Act) is further amended by adding at the end 
     the following:

``44519. Realignment and consolidation of FAA services and 
              facilities.''.

     SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO 
                   AIRCRAFT.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, in consultation with appropriate air 
     carriers, aircraft manufacturers, and air carrier labor 
     representatives, shall conduct a study to assess the 
     feasibility of developing a physical means, or a combination 
     of physical and procedural means, to prohibit individuals 
     other than authorized flight crewmembers from accessing the 
     flight deck of an all-cargo aircraft.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

     SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 
                   REDUNDANT, OR OTHERWISE UNNECESSARY REPORTS; 
                   USE OF ELECTRONIC MEDIA FORMAT.

       (a) Consolidation or Elimination of Reports.--Not later 
     than 2 years after the date of enactment of this Act, and 
     every 2 years thereafter, the Administrator of the Federal 
     Aviation Administration shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report containing--
       (1) a list of obsolete, redundant, or otherwise unnecessary 
     reports the Administration is required by law to submit to 
     the Congress or publish that the Administrator recommends 
     eliminating or consolidating with other reports; and
       (2) an estimate of the cost savings that would result from 
     the elimination or consolidation of those reports.
       (b) Use of Electronic Media for Reports.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administration--
       (A) may not publish any report required or authorized by 
     law in printed format; and
       (B) shall publish any such report by posting it on the 
     Administration's Internet Web site in an easily accessible 
     and downloadable electronic format.
       (2) Exception.--Paragraph (1) does not apply to any report 
     with respect to which the Administrator determines that--
       (A) its publication in printed format is essential to the 
     mission of the Federal Aviation Administration; or
       (B) its publication in accordance with the requirements of 
     paragraph (1) would disclose matter--
       (i) described in section 552(b) of title 5, United States 
     Code; or
       (ii) the disclosure of which would have an adverse impact 
     on aviation safety or security, as determined by the 
     Administrator.

     SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.

       The Secretary of Transportation may not use any funds made 
     available pursuant to this Act (including any amendment made 
     by this Act) to name, rename, designate, or redesignate any 
     project or program authorized by this Act (including any 
     amendment made by this Act) for an individual then serving in 
     Congress as a Member, Delegate, Resident Commissioner, or 
     Senator.

     SEC. 808. STUDY ON AVIATION FUEL PRICES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall conduct 
     a study and report to Congress on the impact of increases in 
     aviation fuel prices on the Airport and Airway Trust Fund and 
     the aviation industry in general.
       (b) Contents.--The study shall include an assessment of the 
     impact of increases in aviation fuel prices on--
       (1) general aviation;
       (2) commercial passenger aviation;
       (3) piston aircraft purchase and use;
       (4) the aviation services industry, including repair and 
     maintenance services;
       (5) aviation manufacturing;
       (6) aviation exports; and
       (7) the use of small airport installations.
       (c) Assumptions About Aviation Fuel Prices.--In conducting 
     the study required by subsection (a), the Comptroller General 
     shall use the average aviation fuel price for fiscal year 
     2010 as a baseline and measure the impact of increases in 
     aviation fuel prices that range from 5 percent to 200 percent 
     over the 2010 baseline.

     SEC. 809. WIND TURBINE LIGHTING.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on wind turbine lighting 
     systems.
       (b) Contents.--In conducting the study, the Administrator 
     shall examine the following:
       (1) The aviation safety issues associated with alternative 
     lighting strategies, technologies, and regulations.
       (2) The feasibility of implementing alternative lighting 
     strategies or technologies to improve aviation safety.
       (3) Any other issue relating to wind turbine lighting.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study, including 
     information and recommendations concerning the issues 
     examined under subsection (b).

     SEC. 810. AIR-RAIL CODE SHARING STUDY.

       (a) Code Share Study.--Not later than 180 days after the 
     date of enactment of this Act, the Comptroller General shall 
     initiate a study regarding--
       (1) the existing airline and intercity passenger rail code 
     sharing arrangements; and
       (2) the feasibility, costs to taxpayers and other parties, 
     and benefits of increasing intermodal connectivity of airline 
     and intercity passenger rail facilities and systems to 
     improve passenger travel.
       (b) Considerations.--In conducting the study, the 
     Comptroller General shall consider--
       (1) the potential costs to taxpayers and other parties and 
     benefits of the implementation of more integrated scheduling 
     between airlines and Amtrak or other intercity passenger rail 
     carriers achieved through code sharing arrangements;
       (2) airport and intercity passenger rail operations that 
     can improve connectivity between airports and intercity 
     passenger rail facilities and stations;
       (3) the experience of other countries with airport and 
     intercity passenger rail connectivity; and
       (4) such other issues the Comptroller General considers 
     appropriate.
       (c) Report.--Not later than one year after commencing the 
     study required by subsection (a), the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the results of the study, 
     including any conclusions of the Comptroller General 
     resulting from the study.

     SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.

       (a) Submission of Plan to Congress.--Not later than 180 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of Defense, shall submit to the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a plan for the D.C. Metropolitan Area Special Flight 
     Rules Area.
       (b) Contents of Plan.--The plan shall outline specific 
     changes to the D.C. Metropolitan Area Special Flight Rules 
     Area that will decrease operational impacts and improve 
     general aviation access to airports in the National Capital 
     Region that are currently impacted by the zone.

     SEC. 812. FAA REVIEW AND REFORM.

       (a) Agency Review.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall undertake a thorough review of 
     each program, office, and organization within the 
     Administration, including the Air Traffic Organization, to 
     identify--
       (1) duplicative positions, programs, roles, or offices;
       (2) wasteful practices;
       (3) redundant, obsolete, or unnecessary functions;
       (4) inefficient processes; and
       (5) ineffectual or outdated policies.
       (b) Actions To Streamline and Reform FAA.--Not later than 
     120 days after the date of enactment of this Act, the 
     Administrator shall undertake such actions as may be 
     necessary to address the Administrator's findings under 
     subsection (a), including--
       (1) consolidating, phasing-out, or eliminating duplicative 
     positions, programs, roles, or offices;
       (2) eliminating or streamlining wasteful practices;
       (3) eliminating or phasing-out redundant, obsolete, or 
     unnecessary functions;
       (4) reforming and streamlining inefficient processes so 
     that the activities of the Administration are completed in an 
     expedited and efficient manner; and
       (5) reforming or eliminating ineffectual or outdated 
     policies.
       (c) Authority.--Notwithstanding any other provision of law, 
     the Administrator shall have the authority to undertake the 
     actions required under subsection (b).
       (d) Report to Congress.--Not later than 150 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to Congress a report on the actions taken by the 
     Administrator under this section, including any 
     recommendations for legislative or administrative actions.

     SEC. 813. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING 
                   GASES.

       (a) In General.--Subject to subsection (b), the 
     transportation within the State of Alaska of cylinders of 
     compressed oxygen or other oxidizing gases aboard aircraft 
     shall be exempt from compliance with the regulations 
     described in subsection (c) to the extent that the 
     regulations require that oxidizing gases transported aboard 
     aircraft be enclosed in outer packaging capable of passing 
     the flame penetration and resistance test and the thermal 
     resistance test, without regard to the end use of the 
     cylinders.
       (b) Applicability of Exemption.--The exemption provided by 
     subsection (a) shall apply in circumstances in which 
     transportation of the cylinders by ground or vessel is 
     unavailable and transportation by aircraft is the only 
     practical means for transporting the cylinders to their 
     destination.
       (c) Description of Regulatory Requirements.--The 
     regulations referred to in subsection (a) are the regulations 
     of the Pipeline and Hazardous Materials Safety Administration

[[Page 4884]]

     contained in sections 173.302(f)(3), 173.302(f)(4), 
     173.302(f)(5), 173.304(f)(3), 173.304(f)(4), 173.304(f)(5), 
     and 175.501(b) of title 49, Code of Federal Regulations.

                   TITLE IX--NATIONAL MEDIATION BOARD

     SEC. 901. AUTHORITY OF INSPECTOR GENERAL.

       Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is 
     amended by adding at the end the following:


                    ``authority of inspector general

       ``Sec. 15.  (a) In General.--The Inspector General of the 
     Department of Transportation, in accordance with the mission 
     of the Inspector General to prevent and detect fraud and 
     abuse, is authorized to review the financial management, 
     property management, and business operations of the Mediation 
     Board, including internal accounting and administrative 
     control systems, to determine compliance with applicable 
     Federal laws, rules, and regulations.
       ``(b) Duties.--In carrying out this section, the Inspector 
     General shall--
       ``(1) keep the chairman of the Mediation Board and Congress 
     fully and currently informed about problems relating to 
     administration of the internal accounting and administrative 
     control systems of the Mediation Board;
       ``(2) issue findings and recommendations for actions to 
     address such problems; and
       ``(3) report periodically to Congress on any progress made 
     in implementing actions to address such problems.
       ``(c) Access to Information.--In carrying out this section, 
     the Inspector General may exercise authorities granted to the 
     Inspector General under subsections (a) and (b) of section 6 
     of the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(d) Authorizations of Appropriations.--
       ``(1) Funding.--There is authorized to be appropriated to 
     the Secretary of Transportation for use by the Inspector 
     General of the Department of Transportation not more than 
     $125,000 for each of fiscal years 2011 through 2014 to cover 
     expenses associated with activities pursuant to the authority 
     exercised under this section.
       ``(2) Reimbursable agreement.--In the absence of an 
     appropriation under this subsection for an expense referred 
     to in paragraph (1), the Inspector General and the Mediation 
     Board shall have a reimbursable agreement to cover such 
     expense.''.

     SEC. 902. EVALUATION AND AUDIT OF NATIONAL MEDIATION BOARD.

       Title I of the Railway Labor Act (as amended by section 901 
     of this Act) is further amended by adding at the end the 
     following:


               ``evaluation and audit of mediation board

       ``Sec. 16.  (a) In General.--In order to promote economy, 
     efficiency, and effectiveness in the administration of the 
     programs, operations, and activities of the Mediation Board, 
     the Comptroller General shall evaluate and audit the programs 
     and expenditures of the Mediation Board. Such an evaluation 
     and audit shall be conducted at least annually, but may be 
     conducted as determined necessary by the Comptroller General 
     or the appropriate congressional committees.
       ``(b) Responsibility of Comptroller General.--The 
     Comptroller General shall evaluate and audit Mediation Board 
     programs, operations, and activities, including at a 
     minimum--
       ``(1) information management and security, including 
     privacy protection of personally identifiable information;
       ``(2) resource management;
       ``(3) workforce development;
       ``(4) procurement and contracting planning, practices, and 
     policies;
       ``(5) the extent to which the Mediation Board follows 
     leading practices in selected management areas; and
       ``(6) the processes the Mediation Board follows to address 
     challenges in--
       ``(A) initial investigations of representation 
     applications;
       ``(B) determining and certifying representatives of 
     employees; and
       ``(C) ensuring that the process occurs without 
     interference, influence, or coercion.
       ``(c) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means the Committee on Transportation and Infrastructure of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.''.

     SEC. 903. REPEAL OF RULE.

       Effective January 1, 2011, the rule prescribed by the 
     National Mediation Board relating to representation election 
     procedures published on May 11, 2010 (95 Fed. Reg. 26062) and 
     revising sections 1202 and 1206 of title 29, Code of Federal 
     Regulations, shall have no force or effect.

TITLE X--FEDERAL AVIATION RESEARCH AND DEVELOPMENT REAUTHORIZATION ACT 
                                OF 2011

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Federal Aviation Research 
     and Development Reauthorization Act of 2011''.

     SEC. 1002. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the same meaning 
     given the term in section 101(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1001(a)).
       (4) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.
       (5) National research council.--The term ``National 
     Research Council'' means the National Research Council of the 
     National Academies of Science and Engineering.
       (6) NOAA.--The term ``NOAA'' means the National Oceanic and 
     Atmospheric Administration.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 48102(a) is amended--
       (1) in the matter before paragraph (1) by striking ``of 
     this title'' and inserting ``of this title and, for each of 
     fiscal years 2011 through 2014, under subsection (g)'';
       (2) in paragraph (11)--
       (A) in subparagraph (K) by inserting ``and'' at the end; 
     and
       (B) in subparagraph (L) by striking ``and'' at the end;
       (3) in paragraph (13) by striking ``and'' at the end;
       (4) in paragraph (14) by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following:
       ``(15) for fiscal year 2011, $165,020,000; and
       ``(16) for each of the fiscal years 2012 through 2014, 
     $146,827,000.''.
       (b) Specific Program Limitations.--Section 48102 is amended 
     by inserting after subsection (f) the following:
       ``(g) Specific Authorizations.--The following programs 
     described in the research, engineering, and development 
     account of the national aviation research plan required under 
     section 44501(c) are authorized:
       ``(1) Fire Research and Safety.
       ``(2) Propulsion and Fuel Systems.
       ``(3) Advanced Materials/Structural Safety.
       ``(4) Atmospheric Hazards--Aircraft Icing/Digital System 
     Safety.
       ``(5) Continued Airworthiness.
       ``(6) Aircraft Catastrophic Failure Prevention Research.
       ``(7) Flightdeck/Maintenance/System Integration Human 
     Factors.
       ``(8) System Safety Management.
       ``(9) Air Traffic Control/Technical Operations Human 
     Factors.
       ``(10) Aeromedical Research.
       ``(11) Weather Program.
       ``(12) Unmanned Aircraft Systems Research.
       ``(13) NextGen--Alternative Fuels for General Aviation.
       ``(14) Joint Planning and Development Office.
       ``(15) NextGen--Wake Turbulence Research.
       ``(16) NextGen--Air Ground Integration Human Factors.
       ``(17) NextGen--Self Separation Human Factors.
       ``(18) NextGen--Weather Technology in the Cockpit.
       ``(19) Environment and Energy Research.
       ``(20) NextGen Environmental Research--Aircraft 
     Technologies, Fuels, and Metrics.
       ``(21) System Planning and Resource Management.
       ``(22) The William J. Hughes Technical Center Laboratory 
     Facility.''.
       (c) Program Authorizations.--If the other accounts 
     described in the national aviation research plan required 
     under section 44501(c) of title 49, United States Code, are 
     authorized for each of the fiscal years 2011 through 2014, 
     the following research and development activities are 
     authorized:
       (1) Runway Incursion Reduction.
       (2) System Capacity, Planning, and Improvement.
       (3) Operations Concept Validation.
       (4) NAS Weather Requirements.
       (5) Airspace Management Program.
       (6) NextGen--Air Traffic Control/Technical Operations Human 
     Factors.
       (7) NextGen--Environment and Energy--Environmental 
     Management System and Advanced Noise and Emissions reduction.
       (8) NextGen--New Air Traffic Management Requirements.
       (9) NextGen--Operations Concept Validation--Validation 
     Modeling.
       (10) NextGen--System Safety Management Transformation.
       (11) NextGen--Wake Turbulence--Recategorization.
       (12) NextGen--Operational Assessments.
       (13) NextGen--Staffed NextGen Towers.
       (14) Center for Advanced Aviation System Development.
       (15) Airports Technology Research Program--Capacity.
       (16) Airports Technology Research Program--Safety.
       (17) Airports Technology Research Program--Environment.
       (18) Airport Cooperative Research--Capacity.
       (19) Airport Cooperative Research--Environment.
       (20) Airport Cooperative Research--Safety.

     SEC. 1004. UNMANNED AIRCRAFT SYSTEMS.

       (a) Research Initiative.--Section 44504(b) is amended--
       (1) in paragraph (6) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (7) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) in conjunction with other Federal agencies, as 
     appropriate, to develop technologies and methods to assess 
     the risk of and prevent defects, failures, and malfunctions 
     of products, parts, and processes for use in all classes of 
     unmanned aircraft systems that could result in a catastrophic 
     failure of the unmanned aircraft that would endanger other 
     aircraft in the national airspace system.''.

[[Page 4885]]

       (b) Systems, Procedures, Facilities, and Devices.--Section 
     44505(b) is amended--
       (1) in paragraph (4) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5)(C) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) to develop a better understanding of the relationship 
     between human factors and unmanned aircraft system safety; 
     and
       ``(7) to develop dynamic simulation models for integrating 
     all classes of unmanned aircraft systems into the national 
     airspace system without any degradation of existing levels of 
     safety for all national airspace system users.''.

     SEC. 1005. RESEARCH PROGRAM ON RUNWAYS.

       Section 44505(c) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (5) through (8); and
       (2) by inserting after paragraph (2) the following:
       ``(3) improved runway surfaces;
       ``(4) engineered material restraining systems for runways 
     at both general aviation airports and airports with 
     commercial air carrier operations;''.

     SEC. 1006. RESEARCH ON DESIGN FOR CERTIFICATION.

       Section 44505 is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Research on Design for Certification.--
       ``(1) Research.--Not later than 1 year after the date of 
     enactment of the Federal Aviation Research and Development 
     Reauthorization Act of 2011, the Administrator shall conduct 
     research on methods and procedures to improve both confidence 
     in and the timeliness of certification of new technologies 
     for their introduction into the national airspace system.
       ``(2) Research plan.--Not later than 6 months after the 
     date of enactment of the Federal Aviation Research and 
     Development Reauthorization Act of 2011, the Administrator 
     shall develop a plan for the research under paragraph (1) 
     that contains the objectives, proposed tasks, milestones, and 
     5-year budgetary profile.
       ``(3) Review.--The Administrator shall enter into an 
     arrangement with the National Research Council to conduct an 
     independent review of the plan developed under paragraph (2) 
     and shall provide the results of that review to the Committee 
     on Science, Space, and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 18 months after 
     the date of enactment of the Federal Aviation Research and 
     Development Reauthorization Act of 2011.''.

     SEC. 1007. AIRPORT COOPERATIVE RESEARCH PROGRAM.

       Section 44511(f) is amended--
       (1) in paragraph (1) by striking ``establish a 4-year 
     pilot'' and inserting ``maintain an''; and
       (2) in paragraph (4)--
       (A) by striking ``Not later than 6 months after the 
     expiration of the program under this subsection,'' and 
     inserting ``Not later than September 30, 2012,''; and
       (B) by striking ``program, including recommendations as to 
     the need for establishing a permanent airport cooperative 
     research program'' and inserting ``program''.

     SEC. 1008. CENTERS OF EXCELLENCE.

       (a) Government's Share of Costs.--Section 44513(f) is 
     amended to read as follows:
       ``(f) Government's Share of Costs.--The United States 
     Government's share of establishing and operating a center and 
     all related research activities that grant recipients carry 
     out shall not exceed 50 percent of the costs, except that the 
     Administrator may increase such share to a maximum of 75 
     percent of the costs for any fiscal year if the Administrator 
     determines that a center would be unable to carry out the 
     authorized activities described in this section without 
     additional funds.''.
       (b) Annual Report.--Section 44513 is amended by adding at 
     the end the following:
       ``(h) Annual Report.--The Administrator shall transmit 
     annually to the Committee on Science, Space, and Technology 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate at the 
     time of the President's budget request a report that lists--
       ``(1) the research projects that have been initiated by 
     each center in the preceding year;
       ``(2) the amount of funding for each research project and 
     the funding source;
       ``(3) the institutions participating in each project and 
     their shares of the overall funding for each research 
     project; and
       ``(4) the level of cost-sharing for each research 
     project.''.

     SEC. 1009. CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE 
                   RESEARCH.

       (a) Establishment.--Using amounts made available under 
     section 48102(a) of title 49, United States Code, the 
     Administrator may establish a center of excellence to conduct 
     research on--
       (1) human performance in the air transportation 
     environment, including among air transportation personnel 
     such as air traffic controllers, pilots, and technicians; and
       (2) any other aviation human resource issues pertinent to 
     developing and maintaining a safe and efficient air 
     transportation system.
       (b) Activities.--Activities conducted under this section 
     may include the following:
       (1) Research, development, and evaluation of training 
     programs for air traffic controllers, aviation safety 
     inspectors, airway transportation safety specialists, and 
     engineers.
       (2) Research and development of best practices for 
     recruitment into the aviation field for mission critical 
     positions.
       (3) Research, in consultation with other relevant Federal 
     agencies, to develop a baseline of general aviation 
     employment statistics and an analysis of future needs in the 
     aviation field.
       (4) Research and the development of a comprehensive 
     assessment of the airframe and powerplant technician 
     certification process and its effect on employment trends.
       (5) Evaluation of aviation maintenance technician school 
     environments.
       (6) Research and an assessment of the ability to develop 
     training programs to allow for the transition of recently 
     unemployed and highly skilled mechanics into the aviation 
     field.

     SEC. 1010. INTERAGENCY RESEARCH ON AVIATION AND THE 
                   ENVIRONMENT.

       (a) In General.--Using amounts made available under section 
     48102(a) of title 49, United States Code, the Administrator, 
     in coordination with NASA and after consultation with other 
     relevant agencies, may maintain a research program to assess 
     the potential effect of aviation on the environment and, if 
     warranted, to evaluate approaches to address any such effect.
       (b) Research Plan.--
       (1) In general.--The Administrator, in coordination with 
     NASA and after consultation with other relevant agencies, 
     shall jointly develop a plan to carry out the research under 
     subsection (a).
       (2) Contents.--Such plan shall contain an inventory of 
     current interagency research being undertaken in this area, 
     future research objectives, proposed tasks, milestones, and a 
     5-year budgetary profile.
       (3) Requirements.--Such plan--
       (A) shall be completed not later than 1 year after the date 
     of enactment of this Act;
       (B) shall be submitted to Congress for review; and
       (C) shall be updated, as appropriate, every 3 years after 
     the initial submission.

     SEC. 1011. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--Using amounts made available under section 
     48102(a) of title 49, United States Code, the Administrator, 
     in coordination with the NASA Administrator, shall continue 
     research and development activities into the qualification of 
     an unleaded aviation fuel and safe transition to this fuel 
     for the fleet of piston engine aircraft.
       (b) Requirements.--In carrying out the program under 
     subsection (a), the Administrator shall, at a minimum--
       (1) not later than 120 days after the date of enactment of 
     this Act, develop a research and development plan containing 
     the specific research and development objectives, including 
     consideration of aviation safety, technical feasibility, and 
     other relevant factors, and the anticipated timetable for 
     achieving the objectives;
       (2) assess the methods and processes by which the FAA and 
     industry may expeditiously certify and approve new aircraft 
     and recertify existing aircraft with respect to unleaded 
     aviation fuel;
       (3) assess technologies that modify existing piston engine 
     aircraft to enable safe operation of the aircraft using 
     unleaded aviation fuel and determine the resources necessary 
     to certify those technologies; and
       (4) develop recommendations for appropriate policies and 
     guidelines to facilitate a transition to unleaded aviation 
     fuel for piston engine aircraft.
       (c) Collaborations.--In carrying out the program under 
     subsection (a), the Administrator shall collaborate with--
       (1) industry groups representing aviation consumers, 
     manufacturers, and fuel producers and distributors; and
       (2) other appropriate Federal agencies.
       (d) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall provide a 
     report to the Committee on Science, Space, and Technology of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on the plan, 
     information obtained, and policies and guidelines developed 
     pursuant to subsection (b).

     SEC. 1012. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
                   TECHNOLOGY FOR CIVIL AIRCRAFT.

       (a) Research Program.--Using amounts made available under 
     section 48102(a) of title 49, United States Code, the 
     Secretary shall conduct a research program related to 
     developing and certifying jet fuel from alternative sources 
     (such as coal, natural gas, biomass, ethanol, butanol, and 
     hydrogen) through grants or other measures authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Participation by Stakeholders.--In conducting the 
     program, the Secretary shall provide for participation by 
     educational and research institutions and by industry 
     partners that have existing facilities and experience in the 
     research and development of technology for alternative jet 
     fuels.
       (c) Collaborations.--In conducting the program, the 
     Secretary may collaborate with existing interagency 
     programs--
       (1) to further the research and development of alternative 
     jet fuel technology for civil aircraft, including feasibility 
     studies; and
       (2) to exchange information with the participants in the 
     Commercial Aviation Alternative Fuels Initiative.

[[Page 4886]]



     SEC. 1013. REVIEW OF FAA'S ENERGY- AND ENVIRONMENT-RELATED 
                   RESEARCH PROGRAMS.

       (a) Review.--Using amounts made available under section 
     48102(a) of title 49, United States Code, the Administrator 
     shall conduct a review of FAA energy-related and environment-
     related research programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the energy- 
     and environment-related research programs at NASA, NOAA, and 
     other relevant agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and
       (4) there exist suitable mechanisms for transitioning the 
     research results into FAA's operational technologies and 
     procedures and certification activities.
       (b) Report.--A report containing the results of such review 
     shall be provided to the Committee on Science, Space, and 
     Technology of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate not 
     later than 18 months after the date of enactment of this Act.

     SEC. 1014. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH 
                   PROGRAMS.

       (a) Review.--Using amounts made available under section 
     48102(a) of title 49, United States Code, the Administrator 
     shall conduct a review of the FAA's aviation safety-related 
     research programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the safety 
     research programs of NASA and other relevant Federal 
     agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives;
       (4) the programs should include a determination about 
     whether a survey of participants across the air 
     transportation system is an appropriate way to study safety 
     risks within such system; and
       (5) there exist suitable mechanisms for transitioning the 
     research results from the programs into the FAA's operational 
     technologies and procedures and certification activities in a 
     timely manner.
       (b) Aviation Safety-Related Research Programs To Be 
     Assessed.--The FAA aviation safety-related research programs 
     to be assessed under the review shall include, at a minimum, 
     the following:
       (1) Air traffic control/technical operations human factors.
       (2) Runway incursion reduction.
       (3) Flightdeck/maintenance system integration human 
     factors.
       (4) Airports technology research--safety.
       (5) Airport Cooperative Research Program--safety.
       (6) Weather Program.
       (7) Atmospheric hazards/digital system safety.
       (8) Fire research and safety.
       (9) Propulsion and fuel systems.
       (10) Advanced materials/structural safety.
       (11) Aging aircraft.
       (12) Aircraft catastrophic failure prevention research.
       (13) Aeromedical research.
       (14) Aviation safety risk analysis.
       (15) Unmanned aircraft systems research.
       (c) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of such review.

           TITLE XI--AIRPORT AND AIRWAY TRUST FUND FINANCING

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Airport and Airway Trust 
     Fund Financing Reauthorization Act of 2011''.

     SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
                   EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``April 1, 2011'' and inserting ``October 
     1, 2014'', and
       (2) by inserting ``or the FAA Reauthorization and Reform 
     Act of 2011'' before the semicolon at the end of subparagraph 
     (A).
       (b) Conforming Amendment.--Paragraph (2) of section 9502(e) 
     of such Code is amended by striking ``April 1, 2011'' and 
     inserting ``October 1, 2014''.

     SEC. 1103. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY 
                   TRUST FUND.

       (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``March 31, 2011'' and inserting ``September 30, 2014''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such 
     Code is amended by striking ``March 31, 2011'' and inserting 
     ``September 30, 2014''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``March 31, 2011'' and inserting 
     ``September 30, 2014''.

     TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

     SEC. 1201. COMPLIANCE PROVISION.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The Acting CHAIR. No amendment to that amendment in the nature of a 
substitute shall be in order except those printed in House Report 112-
46. Each such amendment may be offered only in the order printed in the 
report, by a Member designated in the report, shall be considered 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.


                  Amendment No. 1 Offered by Mr. Mica

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 112-46.
  Mr. MICA. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 30, line 25, insert ``or near'' after ``adjacent to''.
       Page 31, line 8, after ``property owner'' insert ``(or an 
     association representing such property owner)''.
       Page 31, line 16, after ``property owner'' insert ``(or an 
     association representing such property owner)''.
       Page 32, line 2, insert ``or near'' after ``adjacent to''.
       Page 32, line 12, after ``property owner'' insert ``(or an 
     association representing such property owner)''.
       Page 87, strike lines 16 through 20 and insert the 
     following:
       (2) Readiness verification.--Before the Administrator 
     completes an ADS-B In equipage rulemaking proceeding or 
     issues and interim or final rule pursuant to paragraph (1), 
     the Chief NextGen Officer shall verify that--
       Page 106, after line 5, insert the following (and conform 
     the table of contents accordingly):

     SEC. 220. NEXTGEN PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Development of Plan.--Not later than 120 days after the 
     date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall develop a plan to 
     expedite the equipage of general aviation and commercial 
     aircraft with NextGen technologies.
       (b) Contents.--At a minimum, the plan shall--
       (1) be based on public-private partnership principles; and
       (2) leverage the use of private sector capital.
       (c) Report.--Not later than 150 days after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report containing the plan.
       Page 118, strike line 11 and all that follows through line 
     5 on page 119 (and redesignate subsequent sections, and 
     conform the table of contents, accordingly).
       Page 130, line 24, strike ``44733'' and insert ``44732''.
       Page 139, line 21, strike ``commercial'' and insert 
     ``civil'' (and conform the table of contents accordingly).
       Page 140, line 4, strike ``commercial'' and insert 
     ``civil''.
       Page 140, line 12, strike ``commercial'' and insert 
     ``civil''.
       Page 140, lines 18 and 19, strike ``commercial'' and insert 
     ``civil''.
       Page 140, line 20, strike ``commercial'' and insert 
     ``civil''.
       Page 141, line 10, strike ``commercial'' and insert 
     ``civil''.
       Page 141, line 16, strike ``commercial'' and insert 
     ``civil''.
       Page 142, line 10, strike ``Secretary'' and insert 
     ``Secretary of Transportation''.
       Page 143, strike line 12, and all that follows through line 
     10 on page 144 and insert the following:

     SEC. 324. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

       (a) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue guidance regarding the operation of public unmanned 
     aircraft systems to--
       (1) expedite the issuance of a certificate of authorization 
     process;
       (2) provide for a collaborative process with public 
     agencies to allow for an incremental expansion of access to 
     the national airspace system as technology matures, as the 
     necessary safety analysis and data become available, and 
     until standards are completed and technology issues are 
     resolved;
       (3) facilitate the capability of public agencies to develop 
     and use test ranges, subject to operating restrictions 
     required by the Federal Aviation Administration, to test and 
     operate unmanned aircraft systems; and
       (4) provide guidance on a public entity's responsibility 
     when operating an unmanned aircraft without a civil 
     airworthiness certificate issued by the Federal Aviation 
     Administration.
       (b) Standards for Operation and Certification.--Not later 
     than December 31, 2015, the Secretary shall develop and 
     implement operational and certification requirements for 
     operational procedures for public unmanned aircraft systems 
     in the national airspace system.

[[Page 4887]]

       (c) Agreements With Government Agencies.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall enter into 
     agreements with appropriate government agencies to simplify 
     the process for issuing certificates of waiver or 
     authorization with respect to applications seeking 
     authorization to operate public unmanned aircraft systems in 
     the national airspace system.
       (2) Contents.--The agreements shall--
       (A) with respect to an application described in paragraph 
     (1)--
       (i) provide for an expedited review of the application;
       (ii) require a decision by the Administrator on approval or 
     disapproval within 60 business days of the date of submission 
     of the application; and
       (iii) allow for an expedited appeal if the application is 
     disapproved;
       (B) allow for a one-time approval of similar operations 
     carried out during a fixed period of time; and
       (C) allow a government public safety agency to operate 
     unmanned aircraft weighing 4.4 pounds or less, within the 
     line of sight of the operator, less than 400 feet above the 
     ground during daylight conditions, within Class G airspace, 
     outside of 5 statute miles from any airport, heliport, 
     seaplane base or spaceport, or any location with aviation 
     activities.
       Page 144, line 16, insert ``not fewer than'' before ``4 
     test ranges''
       Page 145, line 4, strike ``commercial'' and insert 
     ``civil''.
       Page 157, after line 14, insert the following (and conform 
     the table of contents accordingly):

     SEC. 336. DISCLOSURE AND USE OF INFORMATION.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44734. Disclosure and use of information

       ``(a) In General.--Notwithstanding any other provision of 
     law, and except as provided in this section, the following 
     reports and data shall not be subject to discovery or 
     subpoena or admitted into evidence in a Federal or State 
     court proceeding or considered for other purposes in any such 
     proceeding:
       ``(1) A report developed under the Aviation Safety Action 
     Program.
       ``(2) Data produced or collected under the Flight 
     Operational Quality Assurance Program.
       ``(3) A report developed under the Line Operations Safety 
     Audit Program.
       ``(4) Hazard identification, risk assessment, risk control, 
     and safety assurance data produced or collected for purposes 
     of--
       ``(A) assessing and improving aviation safety; or
       ``(B) developing and implementing a safety management 
     system acceptable to the Administrator.
       ``(5) Reports, analyses, and directed studies based in 
     whole or in part on reports or data described in paragraphs 
     (1) through (4), including those prepared under the Aviation 
     Safety Information Analysis and Sharing Program.
       ``(b) Protection of Voluntarily Submitted Information.--Any 
     report or data described in subsection (a) that is 
     voluntarily provided to the Federal Aviation Administration 
     shall be considered to be voluntarily submitted information 
     within the meaning of section 40123, and shall not be 
     disclosed to the public pursuant to section 552(b)(3)(B) of 
     title 5.
       ``(c) FAA Reports.--Notwithstanding any other provision of 
     this section, the Administrator of the Federal Aviation 
     Administration may release documents to the public that 
     include summaries, aggregations, or statistical analyses 
     based on reports or data described in subsection (a).
       ``(d) Safety Recommendations.--Nothing in this section 
     shall be construed to prevent the National Transportation 
     Safety Board, in connection with an ongoing accident 
     investigation, from referring to relevant information 
     contained in reports or data described in subsection (a) in 
     making safety recommendations.
       ``(e) Waiver.--Subsection (a) shall not apply with respect 
     to a report developed, or data produced or collected, by or 
     on behalf of a person if that person waives the privileges 
     provided under subsection (a). A waiver under this subsection 
     shall be made in writing or occasioned by the person's own 
     use of the information in presenting a claim or defense.''.
       (b) Clerical Amendment.--The analysis for such chapter (as 
     amended by this Act) is further amended by adding at the end 
     the following:

``44734. Disclosure and use of information.''.

     SEC. 337. LIABILITY PROTECTION FOR PERSONS IMPLEMENTING 
                   SAFETY MANAGEMENT SYSTEMS.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44735. Liability protection for persons implementing 
       safety management systems

       ``(a) Persons Implementing Safety Management Systems.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a person that is required by the Administrator of the 
     Federal Aviation Administration to implement a safety 
     management system may not be held liable for damages in 
     connection with a claim filed in a State or Federal court 
     (including a claim for compensatory, punitive, contributory, 
     or indemnity damages) relating to the person's preparation or 
     implementation of, or an event or occurrence contemplated by, 
     the safety management system.
       ``(2) Limitation.--Nothing in this section shall relieve a 
     person from liability for damages resulting from the person's 
     own willful or reckless acts or omissions as demonstrated by 
     clear and convincing evidence.
       ``(b) Accountable Executives.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a person who is employed by a person described in 
     subsection (a) and who is responsible for performing the 
     functions of an accountable executive pursuant to a safety 
     management system required by the Administrator--
       ``(A) shall be deemed to be acting in the person's official 
     capacity as an officer or employee of the person described in 
     subsection (a) when performing such functions; and
       ``(B) except as provided in paragraph (2), may not be held 
     personally liable for damages in connection with a claim 
     filed in a State or Federal court (including a claim for 
     compensatory, punitive, contributory, or indemnity damages) 
     relating to the person's responsibilities pursuant to the 
     safety management system.
       ``(2) Limitation.--Nothing in this subsection shall relieve 
     a person performing the functions of an accountable executive 
     pursuant to a safety management system from personal 
     liability for damages resulting from the person's willful or 
     reckless acts or omissions as demonstrated by clear and 
     convincing evidence.''.
       (b) Clerical Amendment.--The analysis for such chapter (as 
     amended by this Act) is further amended by adding at the end 
     the following:

``44735. Liability protection for persons implementing safety 
              management systems.''.
       Page 170, strike line 13 and all that follows before line 
     22 on page 172 and insert the following:

     SEC. 424. MUSICAL INSTRUMENTS.

       (a) In General.--Subchapter I of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41724. Musical instruments

       ``(a) In General.--
       ``(1) Small instruments as carry-on baggage.--An air 
     carrier providing air transportation shall permit a passenger 
     to carry a violin, guitar, or other musical instrument in the 
     aircraft cabin if--
       ``(A) the instrument can be stowed safely in a suitable 
     baggage compartment in the aircraft cabin or under a 
     passenger seat, in accordance with the requirements for 
     carriage of carry-on baggage or cargo established by the 
     Administrator; and
       ``(B) there is space for such stowage at the time the 
     passenger boards the aircraft.
       ``(2) Larger instruments as carry-on baggage.--An air 
     carrier providing air transportation shall permit a passenger 
     to carry a musical instrument that is too large to meet the 
     requirements of paragraph (1) in the aircraft cabin if--
       ``(A) the instrument is contained in a case or covered so 
     as to avoid injury to other passengers;
       ``(B) the weight of the instrument, including the case or 
     covering, does not exceed 165 pounds or the applicable weight 
     restrictions for the aircraft;
       ``(C) the instrument can be stowed in accordance with the 
     requirements for carriage of carry-on baggage or cargo 
     established by the Administrator;
       ``(D) neither the instrument nor the case contains any 
     object not otherwise permitted to be carried in an aircraft 
     cabin because of a law or regulation of the United States; 
     and
       ``(E) the passenger wishing to carry the instrument in the 
     aircraft cabin has purchased an additional seat to 
     accommodate the instrument.
       ``(3) Large instruments as checked baggage.--An air carrier 
     shall transport as baggage a musical instrument that is the 
     property of a passenger traveling in air transportation that 
     may not be carried in the aircraft cabin if--
       ``(A) the sum of the length, width, and height measured in 
     inches of the outside linear dimensions of the instrument 
     (including the case) does not exceed 150 inches or the 
     applicable size restrictions for the aircraft;
       ``(B) the weight of the instrument does not exceed 165 
     pounds or the applicable weight restrictions for the 
     aircraft; and
       ``(C) the instrument can be stowed in accordance with the 
     requirements for carriage of carry-on baggage or cargo 
     established by the Administrator.
       ``(b) Regulations.--Not later than 2 years after the date 
     of enactment of this section, the Secretary shall issue final 
     regulations to carry out subsection (a).
       ``(c) Effective Date.--The requirements of this section 
     shall become effective on the date of issuance of the final 
     regulations under subsection (b).''.
       (b) Conforming Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:

``41724. Musical instruments.''.

       Page 205, line 12, strike ``2014'' and insert ``2016''.

[[Page 4888]]

       Page 210, line 6, strike ``and''.
       Page 210, line 11, strike the period at the end and insert 
     ``; and''.
       Page 210, after line 11, insert the following:
       (3) officials the United States Government, and 
     particularly the Secretary of Transportation and the 
     Administrator of the Federal Aviation Administration, should 
     use all political, diplomatic, and legal tools at the 
     disposal of the United States to ensure that the European 
     Union's emissions trading scheme is not applied to aircraft 
     registered by the United States or the operators of those 
     aircraft, including the mandates that United States carriers 
     provide emissions data to and purchase emissions allowances 
     from or surrender emissions allowances to the European Union 
     Member States.
       Page 211, line 9, strike ``(a) Dispute Resolution.--''.
       Page 234, strike line 13 and all that follows before line 7 
     on page 237 and insert the following (and conform the table 
     of contents accordingly):

     SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD 
                   CHECKS.

       (a) In General.--Chapter 401 is amended by adding at the 
     end the following:

     ``Sec. 40130. FAA authority to conduct criminal history 
       record checks

       ``(a) Criminal History Background Checks.--
       ``(1) Access to information.--The Administrator of the 
     Federal Aviation Administration, for certification purposes 
     of the Administration only, is authorized--
       ``(A) to conduct, in accordance with the established 
     request process, a criminal history background check of an 
     airman in the criminal repositories of the Federal Bureau of 
     Investigation and States by submitting positive 
     identification of the airman to a fingerprint-based 
     repository in compliance with section 217 of the National 
     Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 
     14616); and
       ``(B) to receive relevant criminal history record 
     information regarding the airman checked.
       ``(2) Release of information.--In accessing a repository 
     referred to in paragraph (1), the Administrator shall be 
     subject to the conditions and procedures established by the 
     Department of Justice or the State, as appropriate, for other 
     governmental agencies conducting background checks for 
     noncriminal justice purposes.
       ``(3) Limitation.--The Administrator may not use the 
     authority under paragraph (1) to conduct criminal 
     investigations.
       ``(4) Reimbursement.--The Administrator may collect 
     reimbursement to process the fingerprint-based checks under 
     this subsection, to be used for expenses incurred, including 
     Federal Bureau of Investigation fees, in providing these 
     services.
       ``(b) Designated Employees.--The Administrator shall 
     designate, by order, employees of the Federal Aviation 
     Administration to carry out the authority described in 
     subsection (a).''.
       (b) Clerical Amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

``40130. FAA authority to conduct criminal history record checks.''.

       Page 256, after line 9, insert the following (and conform 
     the table of contents accordingly):

     SEC. 814. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may not issue or enforce any regulation or 
     other requirement regarding the transportation by aircraft of 
     lithium metal cells or batteries or lithium ion cells or 
     batteries, whether transported separately or packed with or 
     contained in equipment, if the requirement is more stringent 
     than the requirements of the International Civil Aviation 
     Organization Technical Instructions for the Safe Transport of 
     Dangerous Goods by Air, 2009-2010 edition, as amended 
     (including amendments adopted after the date of enactment of 
     this Act).
       (b) Exception.--Notwithstanding subsection (a), the 
     Administrator may enforce the prohibition on transporting 
     primary (nonrechargeable) lithium batteries and cells aboard 
     passenger carrying aircraft set forth in special provision 
     A100 of the table contained in section 172.102(c)(2) of title 
     49, Code of Federal Regulations, as in effect on the date of 
     enactment of this Act.

     SEC. 815. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Federal Aviation Administration 
     may declare certain revenue derived from or generated by 
     mineral extraction at a general aviation airport to be 
     revenue greater than the long-term project, operation, 
     maintenance, planning, and capacity needs of the airport.
       (b) Use of Revenue.--Subject to subsection (c), if the 
     Administrator issues a declaration with respect to an airport 
     under subsection (a), the airport sponsor may allocate to 
     itself (or to a governing body within the geographical limits 
     of the airport's locality) the revenues identified in the 
     declaration for use in carrying out a Federal, State, or 
     local transportation infrastructure project.
       (c) Conditions.--Any declaration made under subsection (a) 
     with respect to an airport shall be subject to the following 
     conditions:
       (1) In generating revenue from mineral rights extraction, 
     production, lease, or other means, the airport sponsor shall 
     not charge less than fair market value.
       (2) The airport sponsor and the Administrator shall agree 
     on a 20-year capital improvement program that includes, at a 
     minimum, 20-year projected charges, costs, and fees for the 
     development, improvement, operation, and maintenance of the 
     airport, with consideration for costs and charges adjusted 
     for inflation.
       (3) The airport sponsor shall agree in writing to waive all 
     rights to receive entitlement funds or discretionary funds to 
     be used at the airport under section 47114 or 47115 of title 
     49, United States Code, for a period of 20 years.
       (4) The airport sponsor shall comply, during the 20-year 
     period beginning on the date of enactment of this Act, with 
     all grant assurance obligations in effect as of such date of 
     enactment for the airport under section 47107 of such title.
       (5) The airport sponsor shall agree in writing to comply 
     with sections 47107(b) and 47133 of such title, except for 
     any exemptions specifically granted by the Administrator in 
     accordance with this section, in perpetuity.
       (6) The airport sponsor shall agree in writing to operate 
     the airport as a public-use airport unless the Administrator 
     specifically grants a request to allow the airport to close.
       (7) The airport sponsor shall create a provisional fund for 
     current and future environmental impacts, assessments, and 
     any mitigation plans agreed upon with the Administrator.
       (d) Completion of Determination.--The Administrator shall 
     conduct a review and issue a determination under subsection 
     (a) on or before the 90th day following the date of receipt 
     of an airport sponsor's application and requisite 
     documentation.
       (e) General Aviation Airport Defined.--In this section, the 
     term ``general aviation airport'' means an airport that does 
     not receive scheduled passenger aircraft service.

     SEC. 816. LIABILITY PROTECTION FOR VOLUNTEER PILOT NONPROFIT 
                   ORGANIZATIONS THAT FLY FOR PUBLIC BENEFIT AND 
                   TO PILOTS AND STAFF OF SUCH NONPROFIT 
                   ORGANIZATIONS.

       Section 4 of the Volunteer Protection Act of 1997 (42 
     U.S.C. 14503) is amended--
       (1) in subsection (a)(4) by inserting ``(unless the 
     volunteer was operating an aircraft in furtherance of the 
     purpose of a volunteer pilot nonprofit organization that 
     flies for public benefit and was properly licensed and 
     insured for the operation of such aircraft)'' after 
     ``aircraft'' ; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) No Effect on Liability of Organization or Entity.--
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing in this section shall be construed to affect the 
     liability of any nonprofit organization or governmental 
     entity with respect to harm caused to any person.
       ``(2) Exception.--A volunteer pilot nonprofit organization 
     that flies for public benefit, the staff, mission 
     coordinators, officers, and directors (whether volunteer or 
     otherwise) of such nonprofit organization, and a referring 
     agency of such nonprofit organization shall not be liable for 
     harm caused to any person by a volunteer of such nonprofit 
     organization while such volunteer--
       ``(A) is operating an aircraft in furtherance of the 
     purpose of such nonprofit organization;
       ``(B) is properly licensed for the operation of such 
     aircraft; and
       ``(C) has certified to such nonprofit organization that 
     such volunteer has insurance covering the volunteer's 
     operation of such aircraft.''.

     SEC. 817. AIRCRAFT SITUATIONAL DISPLAY TO INDUSTRY.

       (a) Findings.--Congress finds the following:
       (1) The Federal Government's dissemination to the public of 
     information relating to a noncommercial flight carried out by 
     a private owner or operator of an aircraft, whether during or 
     following the flight, does not serve a public policy 
     objective.
       (2) Upon the request of a private owner or operator of an 
     aircraft, the Federal Government should not disseminate to 
     the public information relating to noncommercial flights 
     carried out by that owner or operator, as the information 
     should be private and confidential.
       (b) Aircraft Situational Display to Industry.--Upon the 
     request of a private owner or operator of an aircraft, the 
     Administrator of the Federal Aviation Administration shall 
     block, with respect to the noncommercial flights of that 
     owner or operator, the display of that owner or operator's 
     aircraft registration number in aircraft situational display 
     data provided by the Administrator to any entity, except a 
     government agency.

     SEC. 818. CONTRACTING.

       The Administrator of the Federal Aviation Administration 
     shall conduct a review and submit to the Committee on 
     Commerce,

[[Page 4889]]

     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report describing how the Federal Aviation 
     Administration weighs the economic vitality of a region when 
     considering contract proposals for training facilities under 
     the general contracting authority of the Federal Aviation 
     Administration.

     SEC. 819. FLOOD PLANNING.

       The Administrator of the Federal Aviation Administration, 
     in consultation with the Administrator of the Federal 
     Emergency Management Agency, shall conduct a review and 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the state of preparedness and 
     response capability for airports located in flood plains to 
     respond to and seek assistance in rebuilding after 
     catastrophic flooding.
       Page 280, after line 2, insert the following (and conform 
     the table of contents accordingly):

                      TITLE XIII--COMMERCIAL SPACE

     SEC. 1301. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.

       Section 50905(c)(3) of title 51, United States Code, is 
     amended by striking ``the date of enactment of the Commercial 
     Space Launch Amendments Act of 2004'' and inserting ``the 
     first licensed launch of a space flight participant''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Florida (Mr. Mica) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MICA. I yield myself as much time as I may consume.
  The manager's amendment is pretty simple. First of all, we have tried 
to accommodate as many Members as we could with their requests and 
include on both sides of the aisle provisions that they requested that 
weren't in the original submission.
  Additionally, the manager's amendment makes technical corrections to 
provisions in the underlying bill, including those related to unmanned 
aircraft systems, ADS-B readiness verification, flight attendant 
fatigue, FAA access to criminal records databases, and also, as Mr. 
Coble said, who was with us earlier, just a small accommodation for 
another Member who wanted musical instruments, some provisions again in 
the bill. So we have tried to accommodate many of the Members who have 
had these questions.
  The manager's amendment also contains provisions regarding public-
private partnerships to advance NextGen. If the government does it, it 
usually doesn't get done. If we have public-private partnerships and 
closely monitor that, we can have great success, reduce costs, and 
bring technology online that makes it even safer for people to fly at 
lower costs and with less personnel.
  We have protections for voluntary safety data submissions. We also 
have a provision that is very important for the European Union 
Emissions Trading scheme. This is very important, because they are 
trying to close us down or tax us as we enter some of their airspace.
  We have agreements at the airport for new revenue liability 
protections for volunteer pilot organizations, for public benefit 
flights, and also for privacy protections for airspace users, and also, 
finally, the safe shipment of lithium batteries.

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                   Washington, DC, March 31, 2011.
     Hon. John L. Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for working with me in 
     preparing the Manager's amendment to H.R. 658, the ``FAA 
     Reauthorization and Reform Act of 2011.'' As you know, the 
     amendment includes provisions related to the Freedom of 
     Information Act within the jurisdiction of the Committee on 
     Oversight and Government Reform.
       I respectfully request your support for the appointment of 
     outside conferees from the Committee on Oversight and 
     Government Reform should this bill or a similar bill be 
     considered in a conference with the Senate. Finally, I 
     request that you include this letter and your response in the 
     Congressional Record during consideration of the legislation 
     on the House floor.
       Thank you for your attention to these matters.
           Sincerely,
                                                     Darrell Issa,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                   Washington, DC, March 31, 2011.
     Hon. Darrell Issa,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Mr. Chairman:  Thank you for your letter regarding the 
     Committee on Oversight and Government Reform's jurisdictional 
     interest in the Manager's amendment to H.R. 658, the ``FAA 
     Reauthorization and Reform Act of 2011.''
       Thank you for your willingness to work with me on Freedom 
     of Information Act provisions within the jurisdiction of the 
     Committee on Oversight and Government Reform Committee. As 
     you have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     Committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of this bill. Thank you again for your 
     cooperation.
           Sincerely,
                                                     John L. Mica,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. RAHALL. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from West Virginia is recognized for 
5 minutes.
  Mr. RAHALL. I oppose this amendment because, for me, it raises two 
key concerns.
  First is that the amendment would basically create a liability shield 
for airlines and airports that are negligent and cause airplane 
crashes.
  Last year, Congress directed the FAA to require airlines to implement 
safety management systems. Using these systems, airlines will use data 
to identify risk and improve safety. The FAA is likely to require 
airports to adopt similar systems.
  Under this amendment, adoption of a safety management system would 
give airlines and airports a total ``pass'' on liability for their 
ordinary negligence. It would deprive passengers and their families of 
the right to seek compensation for damage caused by airline crashes. 
The right to go to court and seek compensation for damage caused by the 
negligence of another person, including an airline or airport, is an 
intrinsic part of our law. This amendment would take that right away, 
and I cannot support it.
  My last concern is about a provision in the amendment dealing with 
lithium batteries. The transport of lithium batteries without 
appropriate safety checks has been proven to present hazards that could 
bring down an airplane. This amendment would lock the United States 
into following international standards on transporting lithium 
batteries that set the floor, not the bar that we should aspire to. It 
would prevent airlines from conducting acceptance checks of battery 
shipments and it would derail essential rulemakings by the Department 
of Transportation to ensure that lithium batteries are transported 
safely.
  For these two reasons, Mr. Chairman, I cannot support the amendment.
  I yield the balance of my time to the gentlelady from Maryland (Ms. 
Edwards).
  The Acting CHAIR. The gentlewoman from Maryland is recognized for 3 
minutes.
  Ms. EDWARDS. Mr. Chairman, I rise in opposition to the manager's 
amendment. This amendment would extend the moratorium on safety 
regulations for human spaceflight launches for 8 years after the first 
licensed human spaceflight launch. With these types of flights likely 
not to begin until 2013, we are talking about delaying safety 
regulations for a decade or more.
  Let me first say that I hope that commercial spaceflight, both manned 
and unmanned, eventually will become a robust sector of our economy. We 
are not quite there yet. But certainly some of these companies in this 
emerging industry openly talk about a business model of flying hundreds 
of paying passengers to space every year. These are ambitious goals, 
and I wish them well. I hope I am one of them.
  But if these companies are successful and start carrying paying 
passengers like me, then what we are talking about with this amendment 
is allowing

[[Page 4890]]

an entire human transportation system to operate for almost a decade 
without any meaningful safety regulation. I find that to be 
unconscionable.
  I would point out that by rejecting the amendment, Congress is not 
dictating that any safety regulations have to be promulgated. On the 
contrary, under current law, an absolute prohibition exists until the 
end of 2012. Even after that point, the agency would not be required to 
move forward with the rulemaking process but would only do so if it saw 
a need. But imposing an arbitrarily prohibition on safety regulations 
for the remainder of the decade, if not longer, really abdicates our 
responsibility to the public.

                              {time}  1620

  If there's a fatal accident later in this decade, if we're carrying 
astronauts and there's an accident in the decade, I don't want it to be 
said that Congress blocked the establishment of safety regulations that 
could have prevented that accident, and I don't think many Members in 
this body would either.
  I'd note that it's my understanding that the Science, Space, and 
Technology Committee is planning on holding hearings this session on 
this very topic, with an eye towards moving a bill to address these 
issues sometime in this Congress.
  So we're really premature here to set in place a moratorium that we 
haven't even had a chance to hear debate on and hear from the industry 
or the FAA or safety experts on the subject. I hope this isn't the kind 
of rush to judgment that we'll come to expect on issues of public 
safety.
  I have some familiarity with these issues on the Science, Space, and 
Technology Committee. The commercial space folks argue that the 
spacecraft designs and operational concepts are not quite mature enough 
and that there's been no operational experience on which to base safety 
regulation. Fair enough. That may be true. But these same people are 
also arguing that the industry is mature enough for the government to 
turn over NASA's transport of astronauts to space to them. You cannot 
have it both ways.
  These notions are mutually exclusive. If the industry is mature 
enough to take on tasks currently performed by the government, then the 
industry is mature enough to be thinking about a safety regime to 
ensure the American public is protected in these activities.
  Mr. Chair, I want to note that, once again, there's no reason to rush 
to judgment on these issues.
  Mr. MICA. To close on the manager's amendment which I have offered 
today, first of all, let me just say that the two objections that have 
been raised again by the minority--and I appreciate their concerns--as 
to the safety reporting, which we put in some years ago, has actually 
resulted in probably the safest system that we've had in the world and 
the safest safety record in history. If you stop and think about it--I 
chaired the Aviation Subcommittee--the last large commercial aircraft 
that we had that went down, unfortunately, was near Veterans Day of 
2001, after 9/11.
  Safety reporting is so important and is done on a voluntary basis, 
and it's so important that the people who collect this data are not 
held liable. They're collecting the data that benefits us to make this 
safe. This has worked. It's kept us safe. And we want to ensure, again, 
that this continues. Some will say we had commuter. Yes, we did have 
commuter. We also passed commuter safety legislation to deal with 
problems we had there. So we have a safe system. We don't want to stop 
that. We don't want the recording of the data to stop or those held 
liable that are collecting the data. That's the first point.
  The second point: lithium batteries. This is a lithium battery. This 
has a lithium battery. This is a pacemaker. This keeps your heart 
going. This has a lithium battery. Laptops have lithium batteries. 
Almost everything has lithium batteries. Leave it to the DOT to try to 
put in place rules that would create stopping granny and grandpa and 
others that need this pacemaker from getting it. If we didn't have this 
provision in here, it would be a $1.1 billion impact on industry. We'd 
reroute the shipment of this stuff through other countries to avoid 
paying and going through the onerous regulations that our government 
would create.
  Countless consumers would be forced to pay more because of silly 
regulations that don't make any sense. A severe supply chain issue and 
limitations on supply would be imposed. We would have delays in 
shipping lifesaving equipment. This little thing here that saves 
hearts, that's what they want to mess up. One more Federal regulation 
to delay shipping. Even our troops, who rely on these lithium 
batteries--their receiving them would be put at risk, the way DOT is 
doing.
  This is a good provision. It needs to be in the bill. We've got to 
keep some of the regulation, those that put us out of business, put 
jobs overseas and put people at risk, out of our way.
  I urge the House to pass the manager's amendment with these sound 
provisions that will make a big difference.

                                  Alliance for Worker Freedom,

                                Washington, DC, February 15, 2011.
       Dear Representative: On behalf of the Alliance for Worker 
     Freedom (AWF), an organization established in 2003 to combat 
     anti-worker legislation and promote free and open labor 
     markets, I urge you to support the Title IX provision in the 
     FAA Reauthorization bill which repeals last year's the 
     unprecedented National Mediation Board (NMB) voting rule 
     change.
       I write this letter in anticipation of an amendment which 
     looks to strip this essential provision from FAA 
     Reauthorization.
       Last year, the National Mediation Board reversed 75 years 
     worth of precedent and numerous Supreme Court rulings, 
     implementing elections rules whereby a majority of voters in 
     a union election are now able to determine whether a 
     collective bargaining unit has been formed. Prior to this 
     ruling, a majority of a workforce was required to certify a 
     union--a long held and well understood practice. The so-
     called ``minority rule'' ruling reveals a contempt for 
     workers' preferences, as well as a clear bias towards union 
     interests.
       The three member NMB is comprised of two former union 
     officials, both President Obama appointees, giving them a 
     stranglehold over the agency's rulemaking process. It is 
     essential that this obscure agency, beholden to union 
     interests, have its power checked via Congressional action.
       Title IX of the FAA Reauthorization legislation addresses 
     the inappropriateness of this administratively imposed rule 
     which aims to facilitate unionization at the expense of 
     workers' preference. Union complaints that it has become too 
     difficult to unionize workers, thus necessitating the NMB's 
     change, are largely unfounded: majority rule has been used in 
     more than 1,850 elections, and unions have won more than 65% 
     of the time.
       Title IX looks to reinstate longstanding union election 
     rules which require a majority of the workplace's consent to 
     certify a union.
       It is for these reasons that I hope you will help ensure 
     that Title IX remains in the final version of the FAA 
     Reauthorization legislation and oppose any amendments that 
     look to remove this provision.
           Sincerely,
                                             Christopher Prandoni,
     Executive Director.
                                  ____


          Cargo Airline Association Urges Passage of H.R. 658

       March 1, 2011.--The Cargo Airline Association, the voice of 
     the nation's all-cargo air carriers, applauds the efforts in 
     the House of Representatives to enact legislation 
     reauthorizing the programs of the Federal Aviation 
     Administration (H.R. 658). Association president, Steve 
     Alterman, noted that, ``This legislation ensures that 
     modernization of our aviation infrastructure can now move 
     forward, with satellite-based technology replacing our 
     decades-old ground-based systems.'' The bill will also 
     authorize important environmental programs that are critical 
     to ensuring that environmental goals can be met and that 
     alternative fuels research and development can continue.
       Mr. Alterman further noted that the provisions of the bill 
     will allow U.S. Carriers to remain competitive in a worldwide 
     economy thereby protecting U.S. jobs and enabling the United 
     States to retain its leadership in aviation technology. He 
     stated that, ``The House proposal provides a long term 
     funding stream for the FAA that will enable the Agency to 
     prioritize and implement the improvements so badly needed by 
     everyone who depends on our aviation system.''
                                  ____



                             National Air Carrier Association,

                                     Arlington, VA, March 1, 2011.
     Hon. John Mica,
     Chairman, House Transportation and Infrastructure Committee, 
         House of Representatives, Washington, DC.
     Hon. Nick Rahall,
     Ranking Member, House Transportation and Infrastructure 
         Committee, House of Representatives, Washington, DC.
       Dear Chairman Mica and Ranking Member Rahall, I wish to 
     take this opportunity

[[Page 4891]]

     to express my strong support for passage of the House's 
     version of the Federal Aviation Administration (FAA) 
     Reauthorization and Reform Act of 2011--HR. 658. Our members 
     appreciate your willingness to move H.R. 658 at such a speedy 
     pace. It has been far too long since Congress has passed a 
     long term Reauthorization bill which is critical to the needs 
     of all aspects of aviation.
       Among the many positive aspects of this legislation is the 
     authorization of an appropriate level of funds to help get 
     ``NextGen'' moving and a part of aviation's future sooner 
     rather than later. While NextGen equipage is a challenge for 
     many aspects of the industry, including NACA carriers, we 
     believe the funding levels authorized in this legislation is 
     a good starting point for the program. NextGen represents 
     tremendous opportunities for airlines and the traveling 
     public to travel in a safer, faster, and more environmentally 
     friendly aviation system.
       Our members also greatly appreciate the risk-based approach 
     to handling the sensitive issue of foreign repair stations. 
     We believe our bilateral agreements demanded a different 
     approach from past versions of FAA Reauthorization and H.R. 
     658 strikes the right balance.
       Thank you for all of your efforts on behalf of the aviation 
     industry. We stand ready to work with you on this legislation 
     as well as all other future challenges facing our industry.
           Sincerely,
                                                 A. Oakley Brooks,
     President.
                                  ____

                                          Association for Unmanned


                                Vehicle Systems International,

                                     Arlington, VA, March 2, 2011.
     Hon. John Mica,
     Chairman, House of Representatives, Transportation and 
         Infrastructure Committee, Washington, DC.
       Dear Chairman Mica: As the President and CEO of the 
     Association for Unmanned Vehicle Systems International 
     (AUVSI), the world's largest non-profit organization 
     dedicated to the advancement of unmanned systems, I thank you 
     for including important provisions in the House Federal 
     Aviation Administration (FAA) Reauthorization and Reform Act 
     of 2011 (H.R. 658) on integrating Unmanned Aircraft Systems 
     (UAS) into the National Airspace System (NAS).
       The UAS market, both defense and civil, is a promising 
     segment in the U.S. aerospace industry, and one that has the 
     potential to create tens of thousands of new jobs in the 
     coming years. However, for these jobs to materialize, federal 
     regulations on the use of UAS in the NAS must be addressed. 
     H.R. 658 requires the FAA to create a comprehensive plan on 
     integrating UAS into the NAS and to have it implemented by 
     September 30, 2015. Although many in the unmanned systems 
     industry would like to see this timeline shortened, the 
     industry is encouraged that the bill also includes language 
     allowing for the expedited integration of certain types of 
     UAS.
       The bill also includes important provisions on the 
     development and implementation of the Next Generation Air 
     Transportation System (NextGen). Like all other users of the 
     NAS, UAS will benefit from the implementation of NextGen, as 
     it will allow manned and unmanned systems to fly in the same 
     airspace.
       Without a doubt, UAS integration will have a tremendous 
     impact on the aerospace industry and aid in driving economic 
     development in many regions across the country. How quickly 
     new job creation and economic benefits become a reality, 
     however, depends on the progress and timeliness of UAS 
     integration efforts.
       The unmanned systems community applauds your efforts to 
     pass this long-overdue piece of legislation, and we look 
     forward to continuing to work with Congress and the FAA on 
     implementing these important UAS provisions. If you have any 
     questions, or need any additional information, please contact 
     AUVSI's Executive Vice President, Gretchen West, at 
     [email protected].
           Sincerely,
                                                  Michael Toscano,
     President and CEO AUVSI.
                                  ____



                            Experimental Aircraft Association,

                                      Oshkosh, WI, March 15, 2011.
     Hon. Thomas Petri,
     Chairman, Transportation and Infrastructure Subcommittee on 
         Aviation, House of Representatives.
     Hon. Jerry Costello,
     Ranking Member, Transportation and Infrastructure 
         Subcommittee on Aviation, House of Representatives.
       Chairman Petri and Ranking Member Costello: The 
     Experimental Aircraft Association (EAA), representing the 
     aviation interests of more than 165,000 members who 
     passionately engage in aviation for the purposes of sport, 
     recreation, and personal transportation, supports the Federal 
     Aviation Administration (FAA) Reauthorization and Reform Act 
     of 2011 (H.R. 658), as passed by the Transportation and 
     Infrastructure Committee on March 10, 2011.
       EAA has long held the view that the FAA needs a stable 
     source of funding based on the well-established, fair, cost-
     effective and successful model of excise taxes on aviation 
     fuels as opposed to the implementation of new user fees. We 
     also maintain that the prolonged period of continuing 
     resolutions funding the agency on short-term extensions has 
     been harmful to the agency, its efforts to modernize the air 
     traffic system, and to the aviation community as a whole. We 
     applaud your leadership in making the FAA reauthorization a 
     top priority in the 112th Congress.
       EAA is particularly pleased with the Committee's decision 
     to address policies of importance to EAA members such as 
     funding of general aviation airports through the Airport 
     Improvement Program, release of vintage aircraft design data 
     in support of aviation safety, and permitting adjacent 
     residential through-the-fence access to airports where 
     appropriate. Above all, we are thrilled that the Committee 
     agrees that the best way for general aviation to fund its 
     share of FAA operations and capital investment is through the 
     use of fuel taxes as opposed to new user fees.
       Thank you for your efforts and EAA stands ready to assist 
     you and your staff in any manner necessary.
           Respectfully,
     Douglas C. Macnair.
                                  ____

                                      International Association of


                                                  Fire Chiefs,

                                      Fairfax, VA, March 29, 2011.
     Hon. John L. Mica,
     Chairman, House Transportation and Infrastructure Committee, 
         Washington, DC.
     Hon. Nick J. Rahall II,
     Ranking Member, House Transportation and Infrastructure 
         Committee, Washington, DC.
       Dear Chairman Mica and Ranking Member Rahall, On behalf of 
     its nearly 13,000 members, the International Association of 
     Fire Chiefs (IAFC) would like to commend your leadership and 
     efforts to improve aviation and, in particular, air medical 
     transport safety.
       The IAFC represents public safety agencies that provide the 
     public with the highest level of service by delivering air 
     medical transport or helicopter emergency medical services 
     (HEMS), search and rescue, homeland security and wildfire 
     suppression in an effective, efficient and safe manner. We 
     appreciate the language in Section 311 of H.R. 658, the FAA 
     Reauthorization and Reform Act of 2011, which demonstrates an 
     understanding that public safety aviation operators operate a 
     mixed fleet of aircraft that in some cases cannot be deemed 
     ``civil aircraft'' due to its origin, type and configuration. 
     We hope that this language remains clear through the 
     legislative process so that public safety agencies performing 
     HEMS operations utilizing agency owned and operated aircraft 
     will not be harmed. In addition, the IAFC appreciates the 
     provision in H.R. 658 which provides the FAA Administrator 
     with the responsibility to ``conduct a rulemaking proceeding 
     to improve the safety of flight crewmembers, medical 
     personnel, and passengers onboard helicopters providing air 
     ambulance services under part 135.''
       Although we believe additional language is needed in 
     conference committee to clarify that the regulations on 
     helicopter air ambulance operations applies to current part 
     135 certificate holders only and not to public safety 
     agencies performing HEMS operations utilizing agency owned 
     and operated aircraft, the IAFC supports the provisions 
     related to the safety of air ambulance operations in H.R. 
     658, the FAA Reauthorization and Reform Act of 2011. Once 
     again, the IAFC would like to thank you and your staffs for 
     your ongoing efforts to effectively address the need to 
     improve safety in the air medical transport industry.
           Sincerely,

                               Chief Jack Parow, MA, EFO, CFO,

                                            President and Chairman
                                                     of the Board.

  Mr. PAULSEN. Mr. Chair, I rise in strong support of the managers 
amendment.
  Currently, the Department of Transportation is working on a rule that 
would require finished medical devices and other products containing 
lithium batteries to be shipped as hazardous cargo.
  The rule would prevent medical devices, like this pacemakers, 
implantable defibrillators, and blood glucose monitors, from being 
shipped by air, until special packaging can be developed. We don't know 
when this would be developed.
  These medical devices are heavily regulated by the Food and Drug 
Administration and undergo extensive testing to assure safety--
including testing to ensure devices withstand the rigors of shipping.
  If the DOT rule passes, it would severely disrupt the medical device 
industry's just-in-time delivery system, lead to bottlenecks in the 
supply chain, and prevent overnight or same-day shipping to patients 
all over the country even though these devices pose no demonstrable 
safety risk.
  It is important to note that the rule wouldn't just negatively impact 
medical devices. It will also have a significant impact on shipping 
everyday technologies such as laptops and cell phones. All in all, the 
rule will cost more than a billion dollars annually.
  The rule would have a devastating impact on patient access to life-
saving medical devices and will increase health care costs.

[[Page 4892]]

Thankfully, the managers amendment remedies this situation, and I 
applaud Chairman Mica for his work.
  Mr. BUCSHON. Mr. Chair, I rise today in support of Chairman Mica's 
manager's amendment to the FAA Reauthorization and Reform Act of 2011.
  Indiana is the second largest producer of medical devices in the 
country with 20,000 jobs in this industry.
  There are 1,200 employees at a Boston Scientific plant in the town of 
Spencer, Indiana which is located in my district. These are Hoosiers 
who work hard every day to make components that are found in 
pacemakers. As a cardiothoracic surgeon, I implanted numerous 
pacemakers into patients that ended up saving their lives.
  A recent rule proposed by the Obama Administration would restrict the 
method in which these pacemakers are shipped across the country because 
of the very small lithium battery they contain. This rule is expected 
to cost Boston Scientific $30 million and it is a cost that will be 
passed onto the consumer.
  This is a device that is safe enough to put in the human body, but 
the Obama Administration does not believe that it's currently safe 
enough to ship across the country, specifically on an airplane. These 
restrictions will result in hospitals waiting longer to receive 
pacemakers and could put human lives in danger.
  There is no evidence that the transport of lithium batteries has ever 
lead to a fire on an aircraft.
  I fully support Chairman Mica's Manager's amendment which would 
require the shipping of lithium batteries to comply with international 
standards which have proven to be very safe and eliminate President 
Obama's proposed rule and I encourage my colleagues to support the 
Manager's Amendment.
  Mr. BRALEY of Iowa. Mr. Chair, I rise in opposition to the Managers 
Amendment, because this amendment is an unprecedented attack on states. 
The amendment gives complete federal government control over air travel 
safety, by radically reducing a state's ability to protect its own 
citizens. Passengers, crew, ground workers, and others have no recourse 
under state law, under this amendment. For those concerned about an 
expansion of the federal government over ordinary activities of 
American citizens--this is it.
  In fact, the amendment gives broad immunity to an entire industry, 
severely limiting every Americans' freedoms under the 7th amendment. 
The 7th amendment is intended as a check on potential abuse of power by 
the government. This amendment injects the government into courthouses 
and into juries. Blanket immunity to an entire industry is simply 
unprecedented.
  Here's what this means: If you or your family gets injured or even 
killed in an airline accident, and it's even clear that airline safety 
professionals were completely negligent in their safety preparations, 
you have no recourse. In that situation, following events even as 
tragic as plane crashes, the United States Government simply leaves you 
and your family behind, contrary to your 7th Amendment rights under the 
Constitution. This type of immunity is completely inappropriate for 
crashes caused by the negligence of those charged with maintaining 
safety.
  I believe that we should be working to improve air safety, not weaken 
it. We should fight to do whatever we can for families who face the 
terrible tragedy of plane crashes, not abandoning them. I oppose this 
amendment, because I stand with American travelers and American 
families, and I urge my colleagues to vote against this attack on the 
7th Amendment to the Constitution.
  Mr. MICA. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Mica).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.


                 Amendment No. 2 Offered by Ms. Waters

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 112-46.
  Ms. WATERS. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 29, after line 2, insert the following (and conform 
     subsequent subsections accordingly):
       (b) Consultation With Communities.--Section 47107(a) is 
     amended--
       (1) in paragraph (20) by striking ``and'' at the end;
       (2) in paragraph (21) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(22) the airport owner or operator will consult on a 
     regular basis regarding airport operations and the impact of 
     such operations on the community with representatives of the 
     community surrounding the airport, including--
       ``(A) residents who are impacted by airport noise and other 
     airport operations; and
       ``(B) any organization, the membership of which includes at 
     least 20 individuals who reside within 10 miles of the 
     airport, that notifies the owner or operator of its desire to 
     be consulted pursuant to this paragraph.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from California (Ms. Waters) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. WATERS. Mr. Chairman, my amendment requires airport operators, as 
a condition for receiving grants under the Airport Improvement Program, 
to consult on a regular basis with representatives of the local 
community regarding airport operations and their impact on the 
community.
  Airports and airport operations have a profound impact on the 
communities that surround them. Airplane takeoffs and landings can make 
noise that interrupts families in their homes and workers in their 
offices. Daytime takeoffs can interrupt school children who are trying 
to learn and teachers who are trying to teach. Nighttime takeoffs can 
make it difficult for local residents to sleep. Jet fuel emissions and 
other harmful pollutants contribute to air pollution, and traffic 
congestion surrounding an airport adds to the noise and to the 
pollution.
  Needless to say, airports play an important role in our economy and 
our society. But airport operators should be good neighbors in their 
communities. Being a good neighbor simply means consulting with the 
local community regarding airport operations. It means minimizing the 
nighttime takeoffs and landings so that residents can sleep. It means 
assisting families with residential noise mitigation programs, such as 
retrofitting windows, doors, siding, and insulation, to help keep 
aircraft noise to a minimum. It means consulting with local residents 
and small businesses regarding plans to expand, upgrade or realign 
runways and other airport facilities, and listening to their concerns.
  My amendment requires airport operators that receive Airport 
Improvement Program grants to consult on a regular basis regarding 
airport operations and their impact on the community. Airport operators 
would be required to include in these consultations local residents who 
are impacted by airport operations. Airport operators would 
specifically be required to include any organization, the membership of 
which includes at least 20 people who reside within 10 miles of the 
airport, that notifies the operator of its desire to be consulted.
  This amendment is not overly burdensome for airports and does not 
cost money for the Federal Government. It merely requires airport 
operators to be good neighbors, and it holds them accountable to the 
communities that they serve.
  Mr. Chairman and Members, I have one of the world's largest airports 
in my district--and they do a good job--but I'm constantly contacted by 
residents in the surrounding community who are raising questions about 
new plans, new operations, airport noise, and other kinds of things 
that, if the airport operators were in communication with the 
communities in some kind of formalized way, they would have a better 
understanding. It's not that these neighbors are saying they don't want 
these airports. As a matter of fact, we're pleased that they have LAX 
in our community. It is job-intensive, and we like the idea that the 
people who work there are able not only to earn a good living but to 
live in the community, and they contribute to the economy of the 
community.
  We're simply talking about urging and encouraging a relationship 
where the airport operators share with the

[[Page 4893]]

schools and with the residents what they're doing. Oftentimes, it would 
just make for a better understanding. It's not always controversial. 
It's not always confrontational. But it is shining a light on what is 
going on and getting people cooperating and understanding the 
operations of the airport.
  With that, I yield back the balance of my time.

                              {time}  1630

  Mr. PETRI. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. PETRI. I would like my colleague from California to know that we 
recognize that this is a very well-intended amendment and it is 
addressing a concern particularly with the tremendous airport in your 
area. You have a later amendment that deals with the same subject that 
we think is more workable and better.
  The concern we have has to do with the fact that there are a number 
of provisions in law already requiring airports to consult with local 
communities in a variety of situations. And we're just afraid that this 
particular amendment could be more of a one-size-fits-all approach 
across the whole country that could create problems rather than solve 
them. Therefore, we're looking forward to working with you on amendment 
No. 32, but I do oppose the current amendment as being too broad.
  Ms. WATERS. Will the gentleman yield?
  Mr. PETRI. I yield to the gentlewoman from California.
  Ms. WATERS. Do I understand that the other amendment that I have 
coming up that's more specific to Los Angeles is something that you 
would be more inclined to cooperate on rather than this amendment?
  Mr. PETRI. Yes.
  Ms. WATERS. Well, that's fine. Because I do know that this amendment 
that I'm offering is a national amendment that would cause all of the 
airports to come into compliance with this kind of cooperative 
amendment. And if, in fact, the gentleman is offering cooperation on 
the next amendment, I would withdraw this one.
  The Acting CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.


                Amendment No. 3 Offered by Mr. Pierluisi

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 112-46.
  Mr. PIERLUISI. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 40, after line 21, insert the following (and 
     redesignate subsequent sections, and conform the table of 
     contents, accordingly):

     SEC. 143. PUERTO RICO MINIMUM GUARANTEE.

       Section 47114 is amended by adding at the end the 
     following:
       ``(g) Supplemental Apportionment for Puerto Rico.--The 
     Secretary shall apportion amounts for airports in Puerto Rico 
     in accordance with this section. This subsection does not 
     prohibit the Secretary from making project grants for 
     airports in Puerto Rico from the discretionary fund under 
     section 47115.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Puerto Rico (Mr. Pierluisi) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Puerto Rico.
  Mr. PIERLUISI. Mr. Chairman, I offer this amendment to codify the 
method by which the Secretary of Transportation is to allocate annual 
formula grants to airports in Puerto Rico for capital development and 
planning. The amendment is simple and straightforward and serves to 
clarify current law. It ensures that, at a minimum, the Secretary will 
allocate formula grants under the Airport Improvement Program to 
airports in Puerto Rico no differently than the Secretary allocates 
such grants to other airports throughout the United States. The 
amendment also ensures that the Secretary will not be precluded for any 
reason from making project grants to airports in Puerto Rico from the 
discretionary fund under the Airport Improvement Program. And the 
amendment makes clear that formula grants and discretionary grants for 
airports in Puerto Rico should not be deemed mutually exclusive.
  It is critical to note that the Airport Improvement Program is funded 
by a variety of user fees and fuel taxes, all of which apply in Puerto 
Rico. So there is no reasonable basis to treat Puerto Rico less than 
equally under the program, especially since aviation serves such a 
critical role on the island.
  Puerto Rico is a non-contiguous U.S. jurisdiction, located over 1,000 
flight miles from the nearest large hub airport in the national air 
transportation network. Accordingly, Puerto Rico is heavily dependent 
on safe and reliable air service to carry passengers and transport 
goods to and from the U.S. mainland. The island's main airport, the 
Luis Munoz Marin International Airport in San Juan, is ranked among the 
top 50 commercial service airports in the United States in terms of the 
number of passenger boardings, averaging over 4\1/2\ million boardings 
each year.
  In addition to travel to and from the mainland United States, 
residents of Puerto Rico and visitors to the island rely on air service 
to travel to points within the main island of Puerto Rico and between 
the main island and the outer island municipalities of Vieques and 
Culebra.
  Apart from San Juan International Airport, Puerto Rico is home to 
five other commercial service airports, located in Aguadilla, Ponce, 
Mayaguez, Isla Grande, and Vieques. And we have five other general 
aviation airports serving smaller communities. According to the FAA, 
approximately $285 million is needed over the next 5 years to bring 
Puerto Rico's airports up to current design standards, add capacity to 
meet projected needs, and to improve safety. My amendment simply 
ensures, Mr. Chairman, that Puerto Rico's public-use airports can 
access essential Federal funding on the same terms as airports 
elsewhere in the country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I claim time in opposition to the amendment.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. Although I claim time in opposition, I am going to speak in 
support of this amendment.
  I have the greatest respect for the delegate Congressman from Puerto 
Rico, also the highest esteem for Governor Fortuno, former delegate 
representative to this body, two great young leaders, and he's here 
today trying to ensure that Puerto Rico is treated like any other 
airport in the United States in terms of airport improvement programs. 
And I think his amendment clarifies that Puerto Rico also remains 
eligible for grants from the AIP discretionary fund.
  I also know Mr. Pierluisi is willing to work with me on his other 
amendment, which deals with essential air service. I had offered to 
work with other Members, and I will state for the record that I will 
work with him, and I am hoping that if he offers it, he'll withdraw it 
because I'm going to support this amendment. I think he has a good 
amendment here, and I would like to work with him on his other 
provision, but I would hope that he would work with us in that regard.
  So this amendment simply provides clear direction to the FAA that 
Puerto Rico Airport should be treated equitably, and I will support 
this amendment at this time and urge a ``yes'' vote.
  Mr. Chair, how much time is remaining on each side?
  The Acting CHAIR. The gentleman from Florida has 3\1/2\ minutes 
remaining, and the gentleman from Puerto Rico has 2 minutes remaining.
  Mr. MICA. I reserve the balance of my time. Maybe the gentleman has a 
little response to my support for his amendment.
  Mr. PIERLUISI. I thank the gentleman from Florida, even though he 
rises in opposition. I'm pleased that as the chairman of the committee 
of jurisdiction, he's supporting this amendment.

[[Page 4894]]

  So under these circumstances, I just ask him if he has any further 
speakers.
  Mr. MICA. I do not. But I was hoping to hear that the gentleman from 
Puerto Rico would be willing to work with me on his other amendment. 
And I'm sure he will. But I still will support his amendment because 
I'm that kind of a guy.
  I yield back the balance of my time.
  Mr. PIERLUISI. I will simply say I will have some time to consider 
your offer to work with you on my other amendment, which is not now on 
the floor. But until then I simply urge my colleagues to support this 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Puerto Rico (Mr. Pierluisi).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Ms. Hirono

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in House Report 112-46.
  Ms. HIRONO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 41, after line 5, insert the following (and 
     redesignate subsequent sections, and conform the table of 
     contents, accordingly):

     SEC. 144. REDUCING APPORTIONMENTS.

       Section 47114(f)(1) is amended by striking subparagraphs 
     (A) and (B) and inserting the following:
       ``(A) in the case of a charge of $3.00 or less--
       ``(i) except as provided in clause (ii), 50 percent of the 
     projected revenues from the charge in the fiscal year but not 
     by more than 50 percent of the amount that otherwise would be 
     apportioned under this section; or
       ``(ii) with respect to an airport in Hawaii, 50 percent of 
     the projected revenues from the charge in the fiscal year but 
     not by more than 50 percent of the excess of--

       ``(I) the amount that otherwise would be apportioned under 
     this section; over
       ``(II) the amount equal to the amount specified in 
     subclause (I) multiplied by the percentage of the total 
     passenger boardings at the applicable airport that are 
     comprised of interisland passengers; and

       ``(B) in the case of a charge of more than $3.00--
       ``(i) except as provided in clause (ii), 75 percent of the 
     projected revenues from the charge in the fiscal year but not 
     by more than 75 percent of the amount that otherwise would be 
     apportioned under this section; or
       ``(ii) with respect to an airport in Hawaii, 75 percent of 
     the projected revenues from the charge in the fiscal year but 
     not by more than 75 percent of the excess of--

       ``(I) the amount that otherwise would be apportioned under 
     this section; over
       ``(II) the amount equal to the amount specified in 
     subclause (I) multiplied by the percentage of the total 
     passenger boardings at the applicable airport that are 
     comprised of interisland passengers.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from Hawaii (Ms. Hirono) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Hawaii.

                              {time}  1640

  Ms. HIRONO. Geographically, Hawaii is the world's most isolated 
archipelago. It is the only U.S. State made up completely of islands. 
There are four counties in Hawaii, all of which are separated by a body 
of water. Air travel is the fastest and most effective means of 
transportation between our islands. It is also the mode of 
transportation that we rely on most for moving goods and other cargo 
and even our daily mail.
  The 15 airports operated by the Airports Division of the Hawaii 
Department of Transportation are responsible for maintaining safe and 
efficient facilities that accommodate approximately 25 million 
passengers a year. This is a tremendous responsibility and an ongoing 
challenge. It is because of the fundamental role that air travel plays 
in the day-to-day lives of the people of Hawaii and in the commerce of 
Hawaii that Congress saw fit to provide the State with an exemption 
from charging passenger facility fees, or PFCs, on interisland flights. 
These are the flights between our islands.
  This exemption is important for Hawaii's residents. Without it, for 
many, the daily commute would be unduly burdensome. I know many people 
who live on O'ahu, for example, who commute to work on one of the other 
islands. It would be as if you, or if any of your constituents, got in 
your car to go to work and then had to pay $4.50, which is our PFC fee, 
just to leave your driveway and then have to pay another $4.50 upon 
your return.
  While we greatly appreciate and seek to preserve this exemption, 
there have been unintended consequences with regard to its impact on 
Federal funds for Hawaii's airports. This is because of the way that 
PFCs impact the formula funding that is apportioned to each State under 
the Airport Improvement Program, or the AIP.
  As my colleagues know, AIP grants are awarded to each State based on 
a formula. For airports that opt to collect PFCs, formula funds are cut 
by either 50 or 75 percent. This reduction depends on the amount 
charged. For airports that assess PFCs on 100 percent of their 
passengers, this arrangement works well. However, in the case of 
Hawaii, the two airports that collect PFCs only collect them on a 
portion of the passengers.
  At our large hub airport in Honolulu, 38 percent of our passengers 
are interisland travelers. Interisland travelers also constitute 51 
percent of the passengers served by our medium hub at Kahului Airport 
on Maui. Therefore, the $4.50 PFC being assessed at Honolulu is only 
being paid by 62 percent of its passengers. On Maui, that number is 
only 49 percent.
  Based on the current formula, the Hawaii Department of Transportation 
calculates that the State is losing approximately $5.7 million this 
year in AIP formula entitlement funds. My amendment would change the 
formula under which Hawaii's PFCs and entitlements are calculated in 
order to correct this inequity.
  I want to be clear to my colleagues: This amendment is intended only 
to ensure that Hawaii gets its full fair share under the AIP program. 
Hawaii's airports would still be subject to the same 75 percent 
reduction as any other airport charging a $4.50 PFC. The calculation 
would simply take into account the percentage of passengers traveling 
interisland and therefore not paying a PFC.
  I also want to point out that this is not a windfall for the State 
or, in my view, an earmark. In fact, House rule XXI, clause 9(e), the 
definition for ``earmark,'' defines an ``earmark'' as essentially any 
member-requested Federal assistance to a targeted entity or locality 
``other than through a statutory or administrative formula-driven or 
competitive award process.''
  Mr. PETRI. Will the gentlewoman yield?
  Ms. HIRONO. I yield to the gentleman from Wisconsin.
  Mr. PETRI. We've reviewed your amendment. Based on the recommendation 
of the FAA, I think Chairman Mica and I are prepared to accept your 
amendment.
  We would also ask, however, that you consider working with us on the 
amendment that you intend to offer later. It's in an area that is 
already within the FAA's jurisdiction where they're working but not as 
hard as you would like, and we think we could continue to work with you 
on that. But we would accept this amendment.
  Ms. HIRONO. I want to thank Subcommittee Chair Petri and Mr. Mica for 
accepting my amendment.
  The Acting CHAIR. The time of the gentlewoman has expired.
  Ms. HIRONO. Thank you very much.
  I do want to offer my other amendment, however.
  Mr. MICA. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. I actually will support the amendment, but I wanted to give 
the gentlelady an additional minute to conclude if she had any remarks. 
As I said, we're very willing to work with her on her next amendment, 
and hope she would consider working with us. We will support this 
amendment.
  I would like to yield, if I may, Mr. Chairman, as much time as she 
needs to finish her statement.
  Ms. HIRONO. Thank you very much, Mr. Chair.
  In view of the fact that you are in agreement with my amendment, if 
you

[[Page 4895]]

would be so kind as to yield a minute of your time to my colleague, 
Colleen Hanabusa, so she may submit her remarks on this amendment.
  Mr. MICA. Mr. Chairman, I am pleased to allow them to submit their 
remarks. We are taking the amendment, and I know she is going to work 
with us.
  I would also be pleased to yield to our colleague from Hawaii.
  Ms. HANABUSA. I thank the chairman of the Transportation and 
Infrastructure Committee for making this wonderful gesture.
  I would like to thank Congresswoman Hirono for offering this 
amendment in that it does address the unique nature of Hawaii.
  Mr. Chairman, Hawaii's people have, really, only one way for 
commercial travel between our islands, and that is by way of air. So 
what this has done is it has leveled the playing field for us in terms 
of the ability to have our fair share of the airport improvements, 
because the best thing we can do is protect our consumers.
  Thank you again for agreeing to the amendment, and thank you to Mazie 
for offering it.
  Mr. MICA. Reclaiming my time, Mr. Chairman, I would like to submit 
these letters in support of the bill for the Record, and unless the 
gentlelady needs more time, I am prepared to support this amendment 
that is pending.

                                    Air Transport Association,

                                Washington, DC, February 23, 2011.
     Hon. John Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Mica: On behalf of the Air Transport 
     Association, I am writing to thank you for your leadership 
     and applaud your success as Chairman, House Transportation 
     and Infrastructure Committee, in successfully obtaining the 
     full Committee's approval of the Federal Aviation 
     Administration Reauthorization and Reform Act of 2011 (H.R. 
     658). After 17 short-term extensions over many years, the 
     vote can only be attributed to your extraordinary leadership, 
     tenacious effort and decisive chairmanship.
       America's airline industry knows how important this bill is 
     to the Federal Aviation Administration and the nation. 
     Certainly, H.R. 658 will move NextGen and other important 
     programs forward at this crucial time, when the airline 
     industry is still rebounding from this nation's devastating 
     economic recession.
       Finally, the Air Transport Association and our airline 
     members stand ready to assist you and your very capable staff 
     as you prepare to conference with the Senate. Please do not 
     hesitate to contact me if I can provide additional support.
           Sincerely,
     Nicholas E. Calio.
                                  ____



                            Air Medical Operators Association,

                                   Alexandria, VA, March 15, 2011.
     Hon. John Mica,
     Chairman, House Transportation and Infrastructure Committee, 
         Rayburn House Office Building, Washington, DC.
       Dear Chairman Mica: The Air Medical Operators Association 
     (AMOA) is committed to providing the highest level of safety 
     in air medical transport and the implementation of 
     technology, procedures, and operating systems that will help 
     ensure the continued safe and effective operation of these 
     services. AMOA is also committed to enhancing current 
     regulations to improve aviation safety and raise clinical 
     standards, as well as promoting additional air medical 
     transport as a life-saving health care intervention and a 
     safe form of transportation.
       The ``FAA Reauthorization and Reform Act of 2011'' (H.R. 
     658) includes key provisions that will advance the safety of 
     air medical transportation:
       Section 311 includes provisions that will support the 
     Federal Aviation Administration's (FAA) rulemaking that is 
     underway. AMOA strongly supports these provisions, which 
     appropriately identify these safety issues as a key 
     congressional priority while granting the FAA the flexibility 
     to implement strong, effective rules. On January 10, 2011, 
     the AMOA submitted its comments to the FAA on its Notice of 
     Proposed Rulemaking on air ambulance safety issues. In our 
     comments we stated: ``AMOA fully supports the FAA's intent in 
     this rulemaking; air medical operators believe many of the 
     requirements proposed . . . most of which we already are 
     implementing, will enhance the safety of air medical 
     transport operations across the air medical operating sector 
     and enthusiastically support them.''
       Section 311 also includes a provision to collect better 
     data on air ambulance operations. AMOA strongly supports more 
     comprehensive data collection on the industry and its 
     operations, and we support the intent and thrust of the 
     provision included in H.R. 658. We do have some concerns 
     regarding the specific language as currently drafted, and 
     would like to work with you and your staff to ensure that the 
     provision leads to the effective and efficient collection of 
     industry data.
       Section 312 requires the FAA to ``conduct a review of off-
     airport, low-altitude aircraft weather observation 
     technologies.'' Low-altitude weather observation and 
     reporting infrastructure located outside of airports is a key 
     tool to enhancing safety for air medical operations. 
     Currently, less than 2,500 automated weather stations report 
     reliable weather data for the surrounding 5 miles to the 
     national database. Based on the area of the United States, 
     that leaves 3,794,101 square miles of the U.S. without 
     weather reporting. This lack of current weather data causes 
     more than 7,000 aborted flights per year due to unknown 
     weather conditions. AMOA strongly supports the inclusion of 
     this provision in H.R. 658.
       Section 313 requires the FAA to conduct ``a study on the 
     feasibility of requiring pilots of helicopters providing air 
     ambulance services . . . to use night vision goggles during 
     nighttime operations.'' AMOA's member companies have been 
     aggressively working to implement night vision goggles (NVG). 
     Our member companies have now equipped more than 80% of their 
     helicopters with NVGs. AMOA supports inclusion of this 
     provision in H.R. 658.
       As the House works to pass H.R. 658 and move to reconcile 
     this legislation with the Senate-passed bill (S. 223), we 
     would like to identify two issues of concern with that 
     legislation:
       Senate language would put a requirement for a terrain 
     awareness device into law rather than in the Code of Federal 
     Regulations; this Senate provision references a very narrow 
     Technical Standard Order (TSO) for Helicopter Terrain Alert 
     Warning Systems (HTAWS). The way that the provision is 
     currently drafted, it could limit the ability of operators to 
     enhance safety with more advanced equipment unless a change 
     in law (not the applicable federal regulation) occurred. The 
     rapid evolution of technology calls for specific technical 
     standards to be set in agency regulations rather than locked 
     in place in statute.
       Senate language potentially creates a statutory requirement 
     that air medical services abide by Federal Aviation 
     Regulation (FAR) Part 135 whenever medical crew is onboard. 
     Air medical services already conduct operations according to 
     Part 135 flight and duty time requirements and weather 
     minimums prescribed by Operations Specification A021--the 
     highest of any aviation operator in the United States. 
     Unintended by this Senate language is that by requiring 
     adherence to Part 135 in statute, air medical operators would 
     be required to abide by Part 135 even if the FAA decides to 
     change the regulatory structure for air medical services by 
     adding a new Part.
       AMOA hopes to work with you and your Senate colleagues to 
     address these issues in S. 223 before a final version of FAA 
     reauthorization legislation is considered.
       AMOA appreciates your leadership and hard work in moving an 
     FAA reauthorization bill through the Transportation and 
     Infrastructure Committee early in the 112th Congress. We 
     strongly support the air medical safety provisions of the 
     legislation and look forward to their enactment into law. 
     AMOA also looks forward to working with you to perfect the 
     data collection provision in H.R. 658.
       Thank you for your efforts to enact strong FAA 
     reauthorization legislation and for your work to help improve 
     the safety of air medical operations.
           Sincerely,
                                                  Howard Ragsdale,
                                                  President, AMOA.
                                              Christopher Eastlee,
     Managing Director, AMOA.
                                  ____

         Regional Air Cargo Carriers Association.
                                     Plymouth, MA, March 16, 2011.
     Hon. John L. Mica,
     Chairman, Committee on Transportation & Infrastructure, 
         Rayburn House Office Building, Washington, DC.
     Hon. Thomas Petri,
     Chairman, Subcommittee on Aviation, Committee on 
         Transportation & Infrastructure, Rayburn House Office 
         Building, Washington, DC.
     Hon. Nick J. Rahall, II,
     Ranking Member, Committee on Transportation & Infrastructure, 
         Rayburn House Office Building, Washington, DC.
     Hon. Jerry F. Costello,
     Ranking Member, Subcommittee on Aviation, Committee on 
         Transportation & Infrastructure, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Mica, Chairman Petri, Ranking Member Rahall, 
     and Ranking Member Costello: Regional Air Cargo Carriers 
     Association (RACCA) represents nearly 50 FAA-certificated air 
     carriers and about 1,000 airplanes, engaged in transportation 
     of high priority cargo chiefly to smaller communities 
     throughout the United States and internationally.
       We are greatly concerned about a measure which has been 
     introduced by Congressmen Schiff, Sherman, and Berman, in 
     another attempt to impose an overnight curfew at Burbank (Bop 
     Hope Airport, BUR) and Van Nuys

[[Page 4896]]

     Airport (VNY), California. This legislation, the Valley-Wide 
     NoiseRelief Act, would permit the cities of Burbank and Van 
     Nuys, California to circumvent provisions of the Airport 
     Noise and Capacity Act of 1990 (ANCA) and the FAA's ruling 
     denying more recent requests for a curfew at BUR.
       While RACCA members are more concerned about BUR, a curfew 
     at either airport would significantly interfere with commerce 
     and quite likely violate grant assurances to which those 
     airports agreed when they accepted federal airport 
     improvement funds.
       At BUR, more than five million dollars were spent upon a 
     Part 161 study submitted in May of 2009--the second one at 
     this airport, attempting to impose a blanket nighttime curfew 
     from 10 p.m. to 6 a.m. The Federal Aviation Administration in 
     both cases concluded that the benefits of an overnight curfew 
     did not balance the disadvantages. The proposed legislation 
     makes a mockery of the Part 161 process, overrides the FAA's 
     ability to regulate aviation in the United States, panders to 
     a very limited--but vociferous--minority of constituents at 
     the expense of the majority, and sets a precedent that would 
     encourage other communities in similar situations to request 
     similar curfews, with results which would reverberate at 
     numerous other airports in the country--resulting in 
     unreasonable access restrictions and abandonment of use 
     agreements intended to make these important public utilities 
     reasonably accessible to the public as a whole.
       In short, this politically motivated proposal covers ground 
     which has previously been explored, studied, and analyzed ad 
     infinitum--with the same conclusion: Overnight curfews at BUR 
     and VNY are not in the overall public interest. We therefore 
     respectfully urge you to reject this proposal when it comes 
     before you.
           Sincerely,
                                             Stanley L. Bernstein,
     President.
                                  ____



                                              Alaska Airlines,

                                      Seattle, WA, March 24, 2011.
     Hon. John L. Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn House Office Building, Washington, DC.
      Hon. Thomas E. Petri,
     Chairman, Subcommittee on Aviation, Committee on 
         Transportation and Infrastructure, Rayburn House Office 
         Building, Washington, DC.
     Hon. Nick J. Rahall,
     Ranking Member, Committee on Transportation and 
         Infrastructure, Rayburn House Office Building, 
         Washington, DC.
     Hon. Jerry F. Costello,
     Ranking Member, Subcommittee on Aviation, Committee on 
         Transportation and Infrastructure, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairmen Mica and Petri and Ranking Members Rahall and 
     Costello: On behalf of Alaska Airlines, thank you for your 
     leadership in moving an FAA reauthorization bill out of the 
     Transportation and Infrastructure Committee. As you prepare 
     to bring this bill to the House floor, we request your 
     consideration of our views, as outlined in this letter, 
     regarding expanding access to Reagan National Airport (DCA). 
     As a new entrant/limited incumbent air carrier, holding just 
     three roundtrip flights (six beyond-perimeter slot 
     exemptions) at DCA, we believe it is important that any 
     legislative changes to the perimeter rule promote fair 
     competition at the airport.
       Alaska Airlines supports the DCA Perimeter Rule language 
     contained in section 423 of the FAA Reauthorization and 
     Modernization Act of 2011 (H.R.658). This proposal creates a 
     small pool of beyond-perimeter slot exemptions (10 slot 
     exemptions/5 roundtrips), to be redistributed from non-peak 
     hours to peak hours, with a scheduling priority given to new 
     entrant/limited incumbent carriers. This language continues 
     precedent established in the prior two FAA reauthorization 
     bills, AIR-21 and VISION-100, and represents an equitable 
     means by which any carrier, regardless of its size at DCA, 
     can apply to the Department of Transportation for a beyond-
     perimeter route. Also, this language recognizes the 
     importance of facilitating new entrant/limited incumbent 
     access to DCA, during commercially viable slot times, in 
     order to enhance competition at the airport and, in turn, 
     provide better fares and greater value for the traveling 
     public. For example, the entry of Alaska Airlines' SEA and 
     LAX service to DCA was the major driver of an 11% and 14% 
     fare decline, respectively, in the SEA-WAS and LAX-WAS 
     markets. In the first year of entry in these two DCA markets, 
     Alaska's lower DCA fares forced other carriers in these same 
     markets to reduce their fares, producing an aggregate 
     consumer fare savings in excess of $25 million. Even more 
     significantly, substantial fare savings continue today 
     because, unlike most other carriers, Alaska Airlines does not 
     charge a fare premium for DCA versus IAD (Dulles) service.
       Alaska Airlines opposes elimination of the DCA Perimeter 
     Rule. By definition, only carriers holding within-perimeter 
     slots can take advantage of such a concept. Similarly, we 
     oppose any form of slot conversion, i.e. converting within-
     perimeter slot exemptions for beyond-perimeter use. Under 
     either an elimination or slot conversion scenario, the large 
     within-perimeter slot holders receive a huge competitive 
     windfall, to the detriment of new entrant/limited incumbent 
     competition and the lower fares such competition promotes.
       In conclusion, we support Section 423 of H.R. 658 regarding 
     flight operations at Reagan National Airport and oppose any 
     changes to it that allow for elimination of the Perimeter 
     Rule or slot conversion. In order to promote the public 
     interest of lower fares and the pro-consumer market dynamics 
     created by robust competition, new entrant/limited incumbent 
     access to DCA must be enhanced.
       Thank you for your consideration of our views.
           Sincerely,
                                                        Bill Ayer.

  Mr. MICA. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Hawaii (Ms. Hirono).
  The amendment was agreed to.


               Amendment No. 5 Offered by Mr. Neugebauer

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in House Report 112-46.
  Mr. NEUGEBAUER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Beginning on page 101, strike line 3 and all that follows 
     through page 104, line 19 (and redesignate any subsequent 
     sections accordingly).
       Page 106, after line 5, insert the following (and conform 
     the table of contents accordingly):

     SEC. 2__. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC 
                   INTERNET WEB-BASED RESOURCE ON LOCATIONS OF 
                   POTENTIAL AVIATION OBSTRUCTIONS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall carry out a study on the feasibility of 
     developing a publicly searchable, Internet Web-based resource 
     that provides information regarding the height and 
     latitudinal and longitudinal locations of guy-wire and free-
     standing tower obstructions.
       (b) Considerations.--In conducting the study, the 
     Administrator shall consult with affected industries and 
     appropriate Federal agencies.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the appropriate committees of Congress on the 
     results of the study.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Texas (Mr. Neugebauer) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. NEUGEBAUER. I want to thank Chairman Mica, Chairman Hall, and 
Congressman Graves for their support of this amendment. I appreciate 
the work of the Transportation and Infrastructure Committee and of 
various stakeholder groups that have helped throughout this amendment 
process.
  Mr. Chairman, in recent years, our lives and our world have changed. 
We have a much more digital world today, and we have a lot more towers 
that provide us cell service and Internet service. We have the new 
industry of wind energy that is basically taking over a big part of my 
district. So, over the countryside, the landscape has changed. We have 
a lot of new towers, windmills, wind turbines, and all sorts of things 
that are beneficial to our economy but that also provide a certain 
amount of hazard for those people in the aviation industry.
  In recent years, we've had a number of fatalities due to low-flying 
aviators who didn't know the existence of one of these obstacles, so 
this amendment really does a commonsense thing: It would direct the FAA 
to conduct a study of how we can put together a database of where these 
new obstacles are, giving their GPS locations and allowing people who 
are going to be flying in that area or utilizing that area to access 
that information. For planning purposes, it would also provide an 
opportunity for new infrastructure in those areas.

                              {time}  1650

  So we really think that this is a very commonsense amendment, 
provides for safety, and that this study hopefully will yield some very 
positive results

[[Page 4897]]

that will be beneficial to the aviation industry.
  With that, I reserve the balance of my time.
  Ms. BROWN of Florida. Mr. Chairman, although I am not opposed to the 
amendment, I ask unanimous consent to claim the time in opposition to 
the amendment offered by the gentleman from Texas.
  The Acting CHAIR. Without objection, the gentlewoman is recognized 
for 5 minutes.
  There was no objection.
  Ms. BROWN of Florida. Mr. Chairman, I want to thank Chairman Mica and 
Ranking Member Rahall for their work in bringing this bill to the 
floor. I think the aviation community deserves a long-term aviation 
bill so they can plan for the future needs of the traveling public. We 
have had 18 extensions already, and it is time for the House and the 
Senate to find a compromise and send a bill to the President.
  Sadly, we're missing a great opportunity to invest in our airports, 
allowing them to prepare for the expected growth in air traffic and put 
people to work improving our aviation infrastructure. Without 
additional PFC revenues and AMT relief, airports will have little 
capital to invest in their facilities. We keep talking about creating 
jobs and rebuilding the economy, but we don't do anything about it.
  My home State of Florida relies on air service to support our 
tourism-based economy. We have 20 primary airports, 22 reliever 
airports, and 57 general aviation airports, with our top three airports 
alone generating nearly 45 million enplanements a year. These airports 
create jobs and help grow the economy, and we're not going to get out 
of the recession we're in by starving our airports of funds for our 
infrastructure.
  This bill does address an important issue in my district by 
preserving access to the Military Airport Program, MAP. The MAP program 
provides critical support to those communities which have been given 
the responsibility of converting closed military bases to civilian use. 
The participation of the Cecil Field Airport, which is just outside of 
Jacksonville, is a prime example of how this program can successfully 
transform former military airfields to commercial service that in turn 
help strengthen the Nation's aviation system. In the case of Cecil 
Field, continuing to include uses by the Air National Guard and Reserve 
units makes this a win-win for the community and for the military. And 
I want to add that we have more landings now than we did before we 
turned the facility over.
  MAP grants also support projects that are generally not eligible for 
AIP funds, but which are typical and needed for successful civilian 
conversion such as surface parking lots, fuel farms, hangars, utility 
systems, access roads, and cargo buildings.
  I know this bill still has a long way to go in the process, so I hope 
we can make improvements as we move to conference.
  I yield back the balance of my time.
  Mr. NEUGEBAUER. Mr. Chairman, I yield 1 minute to the distinguished 
chairman of the House Transportation and Infrastructure Committee, the 
gentleman from Florida (Mr. Mica).
  Mr. MICA. I just rise in strong support of the amendment offered by 
the gentleman from Texas (Mr. Neugebauer).
  He has worked with the committee in drafting this amendment, done an 
excellent job, and we also have the support of FAA on this amendment.
  I ask everyone to join in passage of this well-crafted amendment.
  Mr. NEUGEBAUER. It is also my pleasure now to yield 1 minute to the 
gentleman from Texas (Mr. Farenthold).
  Mr. FARENTHOLD. Thank you very much.
  I rise in support of this amendment as well. With off-the-shelf 
available technology, this type of mapping can be done at little or no 
cost, increasing safety to aviation, especially those involved in rural 
aviation like crop dusters and the like.
  Mr. NEUGEBAUER. Mr. Chairman, I yield 1\1/2\ minutes to the chairman 
of the House Small Business Committee, the gentleman from Missouri (Mr. 
Graves).
  Mr. GRAVES of Missouri. Mr. Chairman, I want to rise in very strong 
support of the gentleman's amendment.
  Having flown for over 20 years, I've had firsthand experience with 
low altitude or low-level obstacles that are out there. I had to make 
some last-minute corrections just to avoid them. If we had some way to 
understand where those obstacles are, a very simple method, it would 
greatly improve safety.
  Just in the crop duster world alone, we've had nine deaths in the 
last 10 years from obstacles that are unmarked, unlighted, and we don't 
have any idea where they are.
  I would very much be in support of this amendment. I thank the 
gentleman for offering it.
  Mr. NEUGEBAUER. I just would close by saying this is a very 
commonsense amendment. I think it uses the technology of today to bring 
air safety to our country, and I would encourage all Members to support 
this amendment.
  Mr. HALL. Mr. Chair, I rise in support of Mr. Neugebauer's amendment 
directing the FAA to carry out a feasibility study on using the 
internet as an information resource for pilots to locate difficult-to-
see obstructions such as guy-wires and free-standing towers.
  As a Navy pilot during World War II, I had firsthand experience 
flying fast and low, and while the prevalence of towers then does not 
compare to the number that exist today, it still created a lot of 
uncertainty to fly low without being fully aware of potential 
obstructions.
  There are many active pilots today who make their living flying 
aircraft at very low altitudes, such as crop dusters, who could make 
excellent use of such a database.
  Mr. Neugebauer's amendment would be a good first step, simply asking 
the FAA to study whether or not an internet-based source of up-to-date 
information on obstructions and towers makes good sense.
  I support his amendment and ask all Members to support it as well.
  Mr. NEUGEBAUER. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Neugebauer).
  The amendment was agreed to.


                Amendment No. 6 Offered by Mr. LoBiondo

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 112-46.
  Mr. LoBIONDO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 106, after line 5, insert the following (and conform 
     the table of contents accordingly):

     SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF 
                   EXCELLENCE.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may enter into an agreement, on a competitive 
     basis, to assist the establishment of a center of excellence 
     for the research and development of NextGen technologies.
       (b) Functions.--The Administrator shall ensure that the 
     center established under subsection (a)--
       (1) leverages resources and partnerships, including 
     appropriate programs of the Administration, to enhance the 
     research and development of NextGen technologies by academia 
     and industry; and
       (2) provides educational, technical, and analytical 
     assistance to the Administration and other Federal 
     departments and agencies with responsibilities to research 
     and develop NextGen technologies.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from New Jersey (Mr. LoBiondo) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Chairman, I would like to start by thanking 
Chairman Mica. I'd like to also thank Mr. Petri and Mr. Costello.
  This is a very simple amendment. It allows the FAA to assist in 
establishing a NextGen Research and Development Center of Excellence. 
The center would leverage the FAA's existing Centers of Excellence 
Program, a program that relies on university partnerships to address 
ongoing FAA research and development challenges.
  The NextGen Research and Development Center of Excellence would 
provide educational, technical, and analytical assistance to the FAA 
and other

[[Page 4898]]

agencies involved in the development of NextGen. In essence, it would 
be a force multiplier.
  NextGen is a complete revamping of our National Airspace System from 
the current radar-based system to a state-of-the-art satellite, or GPS-
based, technology. Once fully implemented, NextGen will provide a host 
of benefits for the more precise tracking of aircraft, fuel savings, 
and noise reduction. As a result, the entire aviation community would 
be benefited, as would the Nation.
  I believe the Centers of Excellence model could be extremely 
beneficial to the FAA's NextGen efforts. Centers of Excellence allow 
the FAA to partner with universities and industry on important aviation 
research issues. Since 1990, 8 Centers of Excellence have been formed 
with more than 60 university partners and over 200 industry and 
government affiliates.
  These Centers have fueled innovative research in a variety of areas 
such as noise and emissions mitigation, airworthiness, and the use of 
advanced materials.
  I believe the FAA would benefit by applying the Centers of Excellence 
model to the challenges of NextGen. My amendment would give the FAA the 
authority to move in this direction.
  I urge my colleagues to support this amendment.
  Mr. PETRI. Will the gentleman yield?
  Mr. LoBIONDO. I yield to the gentleman from Wisconsin, the chairman 
of the subcommittee.
  Mr. PETRI. I thank my colleague from New Jersey (Mr. LoBiondo).
  I rise in support of this amendment, and I know the chairman of the 
full committee has looked at it and supports it as well. It gives the 
FAA administrator the ability to designate a NextGen center on a 
competitive basis, and it would be a good and needed resource for the 
FAA; and, therefore, I would urge a ``yes'' vote on the amendment.
  Mr. LoBIONDO. I reserve the balance of my time.
  Mr. COSTELLO. Mr. Chairman, I claim the time in opposition, although 
I will not oppose the amendment.
  The Acting CHAIR. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. COSTELLO. Mr. Chairman, we support the gentleman's amendment.
  This is a provision that was contained in the FAA bill that was 
passed, H.R. 915 and H.R. 1586, that passed this Congress with 
bipartisan support. We strongly support the gentleman's amendment and 
ask our colleagues to support it as well.
  I yield back the balance of my time.
  Mr. LoBIONDO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. LoBiondo).
  The amendment was agreed to.


                 Amendment No. 7 Offered by Mr. Garrett

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 112-46.
  Mr. GARRETT. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 106, after line 5, insert the following:
       (c) Study.--
       (1) In general.--The Administrator shall conduct a study on 
     additional alternatives to reduce delays at the 4 airports 
     considered under the New York/New Jersey/Philadelphia 
     Metropolitan Redesign Record of Decision, published September 
     5, 2007, by the Administration.
       (2) Contents.--In conducting the study, the Administrator 
     shall determine--
       (A) the effect on flight delays of the overscheduling of 
     flights by air carriers; and
       (B) whether or not altering the size of aircraft used by 
     air carriers would reduce flight delays.
       (3) Report.--The Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study under paragraph (1).
       (d) Prohibition.--The Administrator may not continue with 
     the implementation of the preferred alternative for the New 
     York/New Jersey/Philadelphia Metropolitan Area Airspace 
     Redesign until after the last day of the 60-day period 
     beginning on the date the Administrator submits the report 
     required under subsection (c)(3).

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from New Jersey (Mr. Garrett) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.

                              {time}  1700

  Mr. GARRETT. Mr. Chair, I urge my colleagues to support the Garrett-
Himes-Andrews-Engel amendment. In it, the FAA's New York/New Jersey/
Philadelphia airspace redesign plan would redirect thousands of flights 
per year over the houses of many of my constituents and, actually, the 
constituents of the other sponsors of the bill as well. In looking at 
this, we realize this has a very real and negative impact on the 
region, including a possible decrease in home values.
  The new flight patterns, which would be considered here, over the 
region should not be implemented until a thorough study of alternatives 
is actually presented to Congress. This amendment prohibits the FAA 
from continuing implementation of the airspace redesign until it has 
conducted a study on alternative designs to reduce delays at the four 
airports considered in the redesign.
  Finally, it is imperative that the FAA consider the concerns of the 
people that are and have been afflicted by this action.
  I urge my colleagues to vote ``yes'' on this amendment.
  I reserve the balance of my time.
  Mr. MICA. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. Mr. Chairman, I have the greatest respect for the gentleman 
from New Jersey, and I understand his predicament. He has been one of 
the strongest advocates for his district on some of the potential 
problems that might arise from airspace redesign. I had the opportunity 
to travel to the gentleman's district to meet with his constituents. We 
have raised great concerns about the New York airspace redesign.
  Now, this does put in place another study of the airspace redesign, 
and, unfortunately, it delays the implementation of airspace redesign 
in the Northeast corridor, in that New York airspace, until that's 
complete. So that is why I have to oppose this.
  I will work with the gentleman in trying to make certain that FAA 
treats them fairly and that there are hearings. We have had 120 
hearings. I have been in every jurisdiction from Pennsylvania, 
Philadelphia, all the way up into Connecticut, which is part of the New 
York airspace, in hearings and public meetings. There have been over 
120 FAA meetings. This has been drug through the courts. There were 
suits, and they were all consolidated. The issues, again, were 
resolved, and FAA should go forward with airspace redesign and continue 
to address the concerns of the gentleman.
  Why is this important to everyone here? Because more than 70 percent 
of the chronically delayed flights around the United States start in 
the New York airspace. That means when New York goes down, the whole 
country starts going down.
  Now, you have got to understand that this battle has been going on 
for nearly two decades, in and out of court, and fights and everything 
for the redesign. So what we're left with is a corridor for airspace 
that is sort of like having U.S. 1 going into New York City 20 or 30 
years ago and not expanding or revising the capacity. So that's why we 
have this situation. That's why I strongly urge not the adoption of 
this.
  I am willing to work with the gentlemen to try to, again, make 
certain that their concerns are taken into consideration. We do have 
quieter aircraft. I don't want him, his constituents, or any of the 
others in the New York airspace to suffer. But this has to come to a 
conclusion.
  Again, it affects everyone in the House of Representatives because 
more than 70 percent of our chronically delayed flights start in this 
area, and we have not been able to resolve this question.

[[Page 4899]]

  I reserve the balance of my time.
  Mr. GARRETT. I yield 2 minutes to the gentleman from New York (Mr. 
Engel).
  Mr. ENGEL. I thank the gentleman, and I rise in strong support of the 
Garrett-Himes-Andrews-Engel amendment.
  This amendment will require the Federal Aviation Administration to 
study alternatives for the New York/New Jersey/Philadelphia airspace 
redesign. It will also prohibit the FAA from continuing with the 
implementation of the airspace redesign until the new study is 
submitted to Congress.
  I have to take issue with what my friend, the chairman, said before. 
We have not found that there were hearings for this. They have been 
trying to jam this through and want fewer and fewer people to know 
about it. I forced them to come into my district; but until that 
happened, they didn't want any kind of input from the community.
  I have opposed this airspace redesign from day one, and have fought 
its implementation every step of the way. Time and time again, the FAA 
has pursued the airspace redesign while ignoring the concerns of my 
constituents in Rockland County, New York. This plan will only save 
minutes on flight time, but it will disrupt the lives of thousands of 
residents in my district who live under the new flight path. As my 
constituents noted to me, the noise and air pollution in the area will 
increase. It's unknown how this increase in air pollution will affect 
the disproportionate rate of childhood asthma in my district.
  The modernization of our aviation system is necessary to bring it 
into the 21st century, to keep pace with the increased number of 
flights, and to also maintain our technological advancements by 
implementing new equipment to keep our system the safest in the world. 
However, there are several alternatives to this plan, and I encourage 
my colleagues to support this amendment that would require the FAA to 
take them into consideration.
  We now learn that not only planes landing into Newark would fly over 
my constituents, but planes taking off from Kennedy as well. This is a 
double whammy. It's not fair.
  So I commend Mr. Garrett. I support this amendment, and I will 
continue to oppose the FAA reauthorization until the FAA halts and 
revises the airspace design and reports to Congress. After all, we are 
the ones that report to the people. FAA should report to us.
  Mr. GARRETT. I yield 1\1/2\ minutes to the gentleman from Connecticut 
(Mr. Himes).
  Mr. HIMES. I thank my good friend from New Jersey for yielding.
  Mr. Chair, I rise today in support of the amendment at the desk. This 
amendment addresses the FAA's redesign of the airspace over New York, 
New Jersey, and Philadelphia with noble motives to actually improve our 
air travel. But the fact of the matter is that the redesign was badly 
implemented from the start and used flawed procedures. Plans for this 
redesign have moved forward without proper and appropriate input from 
stakeholders and without regard to the parties who are most affected, 
notably, many of our constituents.
  As planes have been rerouted to fly over southwestern Connecticut 
upon descent into New York's airports, my constituents have begun 
experiencing unnecessary and unprecedented noise levels. A day does not 
go by that I don't hear this concern from my constituents.
  I have joined with my colleagues in a bipartisan effort to call upon 
the FAA to simply study alternatives. We know that there are good 
alternatives. This should be done prudently and carefully. Families who 
have moved to my district to find a quiet refuge are now faced with the 
prospect of daily disturbances. Alternatives must be considered before 
any more action is taken.
  Mr. MICA. Mr. Chairman, how much time do I have remaining?
  The Acting CHAIR. The gentleman has 2 minutes.
  Mr. MICA. Again, I have to say that I have the greatest respect for 
the gentlemen from New Jersey, Mr. Garrett and Mr. Andrews, and the 
gentleman from New York. They all do have interests here, and they are 
trying to protect them. They are concerned about noise with the New 
York airspace redesign. But, again, this has been going on for two 
decades.
  We have a very narrow corridor. We do need to redesign it. We have 
safety questions now. We have chronic delays, and 70 percent of them 
emanate from New York. They start in the New York airspace, and then 
they ripple across the country. So 70 percent of the Members are 
impacted by this particular provision.
  I appreciate their concern in asking for an additional study, but 
what they do in the provisions they have offered is delay 
implementation. We have just finished numerous court cases, which were 
consolidated, which ruled against those in question. I know it's 
difficult, but we've got to get this done.
  Again, I so much appreciate their looking out for their constituents, 
stating their concern and expressing in every way possible. I will 
continue to work with them and make certain that there is fairness to 
the implementation and whatever they adopt does not disturb or unduly 
cause distress for their constituents. That's all I can do. But I do 
have to oppose this amendment in the interest of the committee, the 
country, and the other Members.
  I yield back the balance of my time.

                              {time}  1710

  Mr. GARRETT. Just to conclude then, Mr. Chairman, the FAA's airspace 
redesign plan has not been responsive, as referred to on the floor, to 
the concerns of our constituents, and it's not been comprehensive.
  Secondly, redesigning airspace would have little effect on delays 
while alternatives are considered.
  Finally, I ask the consideration of this bipartisan support to 
conduct a study on alternative designs. I encourage support for this 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR (Mr. Murphy of Pennsylvania). The question is on the 
amendment offered by the gentleman from New Jersey (Mr. Garrett).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. GARRETT. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.
  It is now in order to consider amendment No. 8 printed in House 
Report 112-46.


                 Amendment No. 9 Offered by Mr. DeFazio

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 112-46.
  Mr. DeFAZIO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 138, after line 9, insert the following (and conform 
     the table of contents accordingly):

     SEC. 318. CRIMINAL HISTORY RECORD CHECKS IN DOMESTIC AND 
                   FOREIGN REPAIR STATIONS.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44734. Employee criminal history record checks in 
       domestic and foreign repair stations

       ``(a) In General.--Not later than one year after the date 
     of enactment of this section, the Administrator of the 
     Federal Aviation Administration shall modify the 
     certification requirements under part 145 of title 14, Code 
     of Federal Regulations, to require each repair station that--
       ``(1) is certificated by the Administrator under part 145 
     of such title 14; and
       ``(2) performs work on air carrier aircraft or components, 
     to complete a criminal history record check with respect to 
     any individual who performs a safety-sensitive function at 
     such repair station.
       ``(b) Definitions.--In subsection (a), the following 
     definitions apply:
       ``(1) Individual.--The term `individual' includes an 
     individual working at a repair station of a third party with 
     which an air carrier contracts to perform work on air carrier 
     aircraft or components.
       ``(2) Criminal history record check.--The term `criminal 
     history record check' means an investigation to ascertain an 
     individual's history of criminal convictions, conducted--

[[Page 4900]]

       ``(A) in a manner consistent with criminal history record 
     checks carried out under section 44936; and
       ``(B) in accordance with the applicable laws of the country 
     in which a repair station is located.
       ``(c) Regulatory Authority With Respect to Certain Foreign 
     Repair Stations.--With respect to repair stations that are 
     located in countries that are party to the agreement titled 
     `Agreement between the United States of America and the 
     European Community on Cooperation in the Regulation of Civil 
     Aviation Safety', dated June 30, 2008, the requirements of 
     subsection (a) are an exercise of the rights of the United 
     States under paragraph A of Article 15 of the Agreement, 
     which provides that nothing in the Agreement shall be 
     construed to limit the authority of a party to determine, 
     through its legislative, regulatory, and administrative 
     measures, the level of protection it considers appropriate 
     for civil aviation safety.''.
       (b) Clerical Amendment.--The analysis for such chapter (as 
     amended by this Act) is further amended by adding at the end 
     the following:

       ``44734. Employee criminal history record checks in 
           domestic and foreign repair stations.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Oregon (Mr. DeFazio) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. Mr. Chairman, my amendment is quite simple. It would 
require criminal background checks of mechanics at contract aircraft 
repair stations, both those domestically and those overseas.
  Now, the current law requires that people who repair aircraft at 
airports undergo criminal background checks that are quite extensive 
because there's a concern that they have access to airplanes, that we 
want to know who they are, we want to be sure they don't have a 
criminal background, and they can be denied employment for a large 
range of former felonies or problems, let alone any affiliation with 
terrorist groups.
  Not so at domestic contract repair stations or foreign contract 
repair stations. The employees there undergo no criminal background 
checks, or only criminal background checks at the discretion of the 
employer. They can be certified to do the most critical de-check work, 
overhauls on airplanes.
  Now, just think about it. As John Pistole recently said, he's the 
head of the Transportation Security Administration, ``For more than two 
decades al Qaeda and other terrorist organizations have sought to do 
harm to this country. Many of their plots against the United States 
have focused on the aviation system. It is clear that terrorist intent 
to strike at American targets has not diminished.''
  Yet we're not doing criminal and security background checks of people 
who have access to the innards of the plane. They could replace one 
critical component, a bolt that holds on an engine with one that looks 
like the real bolt but is actually fake and designed to fail. That 
could easily happen, and yet we are not requiring that they have 
background checks.
  Well, why are we requiring it at airports? If it's so critical a 
mechanic who can access a plane at the airport, why isn't it critical 
for people who can get deep inside a plane in an overhaul, overseas, 
far, far away from any prospective oversight by the TSA or the FAA?
  Now, some would say, well, the Transportation Security 
Administration, rather belatedly, 7 years after the fact, is working on 
a rule that will require them to adopt general procedures for security, 
but it will not require criminal or terrorist background checks. They 
will verify background information through confirmation of prior 
employment. Yes, I used to work for Osama bin Laden. You can call him. 
Here's his number. But now I don't work there anymore, and I'm here.
  This is, I think, a commonsense amendment. Now, the industry can say, 
oh, this will drive up the cost of repairs. Come on, it's 60 bucks to 
do a TSA background check. $60. Now, don't you think it's worth $60, 
and is that going to drive contract repair stations in the U.S. or 
overseas out of business if they have to confirm that their employees 
are not criminals or are not terrorists? I don't think so.
  I urge support of the amendment, and I reserve the balance of my 
time.
  Mr. MICA. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. Mr. Chairman, I do appreciate the intent of the gentleman 
who is the distinguished ranking member, former chair of the Aviation 
Subcommittee, but I think that the crafting of this amendment is 
somewhat flawed in that he does now require FAA to take their limited 
resources. FAA is not a security agency. It's an aviation agency. And 
again, we have a jurisdictional question here. We can't put in 
provisions that require TSA to do certain things, but that is their 
responsibility.
  I understand this is also already done where the repair station is at 
the airport. TSA is in the process of promulgating a rule to address 
repair station security. But it, appropriately, is in their realm, not 
FAA. And we do get into trouble in trying to carry out some of these 
missions when we go to agencies that really this is not their 
responsibility, their charter under Congress.
  Again, I think the gentleman's intent is good, but it's misapplied. 
So with that, I have to oppose the amendment as crafted. I'd be willing 
to work with him. There is a possibility of working with him, I think, 
and getting it right.
  I think his intention is good, but the assignment is misplaced, and 
it would cause more problems the way it's crafted than benefit.
  I reserve the balance of my time.
  Mr. DeFAZIO. May I request the balance of time remaining on each 
side?
  The Acting CHAIR. The gentleman from Oregon has 2 minutes. The 
gentleman from Florida has 3 minutes.
  Mr. DeFAZIO. I yield 1 minute to the gentleman from Illinois (Mr. 
Costello), the ranking member of the subcommittee.
  Mr. COSTELLO. I rise in support of the gentleman's amendment. The 
amendment is very clear. It's simple. It's to the point. It requires 
the FAA, when certificating a repair station, whether domestic or 
foreign, to make sure that the repair station carries out a consistent 
screening of its employees for criminal records. I mean, it is very 
clear. It is to the point.
  The amendment complies with all of our obligations under 
international law, and the amendment will move the FAA forward in 
creating one level of safety, both for domestic and international 
repair stations.
  Mr. MICA. I yield myself the balance of my time.
  I believe the gentleman's intention is good. The problem I have is 
with the crafting of the amendment. Now, heaven knows that there's 
probably been no one that's more critical of TSA. I helped create it 
along, actually, with Mr. DeFazio back in 2001. They have a lot of 
important responsibilities. One of them is clearly defined as aviation 
security, and it should be in repair stations.
  Quite frankly, I am concerned about beefing up some of that, getting 
some of the 3,700 bureaucrats that work and earn on average $105,000, 
just within miles of here, relocated to where they can do their 
security function at a place that does pose risk, and that's some of 
these foreign locations. But this doesn't do the job. It complicates 
the assignment we have for FAA. And TSA is in a rulemaking process to 
address this responsibility, which is appropriately located within the 
purview of, and again, the jurisdiction of TSA. So I, again, oppose the 
opposition, will work with the gentleman.
  I yield back the balance of my time.

                              {time}  1720

  Mr. DeFAZIO. I yield myself such time as I may consume.
  I appreciate the chairman, and I have worked together with him well 
and will continue to do that in the future. But we have got to differ 
on this.
  The TSA is not considering requiring criminal terrorist background 
checks as a requirement for overseas repair stations. I think that is 
an unbelievable loophole that should send shudders down the spine of 
anybody who flies planes that are being totally overhauled overseas.

[[Page 4901]]

  And all this does--it is very simple. It doesn't require anybody from 
the FAA to do anything. It just says if a repair station is to be 
certificated by the FAA, the repair station, not the FAA, will have to 
perform background checks on its mechanics. It is as simple as that. 
Any mechanic at an airport has to undergo these background checks. They 
cost $60. How about having the contract repair stations do the same 
thing?
  Do you want a terrorist who is off the airport property to be working 
on an airplane critical component? Do you want a terrorist who is 
overseas working under very little supervision, none by the U.S., to 
have access to the most critical components of a plane?
  The gentleman is an expert on aviation, and he knows you can take a 
critical component--and these are problems we have all the time--like a 
bolt that holds on an engine. We are trying to keep them out of the 
supply chain, because you can make one for $3 that looks real but it 
will break, but a real bolt costs $10,000. So they could easily 
substitute parts designed to fail in critical components when a plane 
has had an overhaul overseas.
  I urge adoption of this commonsense amendment. Let's not have the al 
Qaeda Full Employment Act.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.


                 Amendment No. 10 Offered by Ms. Hirono

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 112-46.
  Ms. HIRONO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 138, after line 9, insert the following (and conform 
     the table of contents accordingly):

     SEC. 318. COCKPIT SMOKE PREVENTION.

       (a) Aviation Rulemaking Committee.--Not later than 90 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration shall convene an aviation 
     rulemaking committee to make recommendations to the 
     Administrator to ensure that any aircraft certified by the 
     Administrator is properly equipped with technology that 
     maintains pilot visibility when dense, continuous smoke is 
     present in the cockpit of the aircraft.
       (b) Composition.--The aviation rulemaking committee shall 
     be composed of subject matter experts, aviation labor 
     representatives, and industry stakeholders.
       (c) Deadline for Recommendations.--Not later than one year 
     after the date of enactment of this Act, the aviation 
     rulemaking committee shall submit to the Administrator a 
     report containing the committee's findings and 
     recommendations for regulatory action.
       (d) Report to Congress.--Not later than 60 days following 
     the date of receipt of the committee's report under 
     subsection (c), the Administrator shall submit to Congress a 
     report on--
       (1) the recommendations of the aviation rulemaking 
     committee; and
       (2) the actions that will be undertaken by the 
     Administrator as a result of those recommendations.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from Hawaii (Ms. Hirono) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Hawaii.
  Ms. HIRONO. I rise to speak in favor of this amendment, and I 
certainly appreciate the opportunity to speak on this amendment.
  The basic idea of this amendment is to ensure the safety of the 
traveling public and those whose job it is to get them safely to their 
destinations, and my amendment has to do with smoke in the cockpit.
  I do note that the FAA reauthorization bill that is under 
consideration today already acknowledges the concern about smoke in the 
cockpit, because it requires the GAO to study what the FAA has done to 
address smoke in the cockpit. So my bill takes this concern to a more 
focused level by establishing an aviation rulemaking committee, an ARC, 
made up of representatives from aviation labor, industry, and other 
experts.
  Their task would be to carefully examine and provide regulatory 
recommendations on the issue of cockpit smoke. This advisory committee 
will not cost the taxpayers any money, and this amendment does not 
mandate rulemaking. The administrator of the FAA would then review the 
recommendations, and report to Congress on the steps that he or she 
will take to address them.
  The problem of smoke in the cockpit is not new. In fact, my colleague 
from Hawaii, Senator Inouye, introduced legislation to address this 
matter as long ago as 1993. And I want to note his introductory remarks 
on the bill because, 20 years later, we still have not adequately 
addressed this problem.
  In introducing his legislation in 1993, he said, ``My colleagues will 
be troubled to learn that over the last 20 years there have been a 
dozen accidents on commercial aircraft in which dense continuous smoke 
in the airline cockpit may have been a factor. In these accidents, over 
850 people have died.''
  That was in 1993. Almost another 20 years has passed. Since then, 
even more lives have been lost in accidents where cockpit smoke was the 
cause or a factor.
  Some will say that, while tragic, incidents such as these are rare 
and that there are already procedures in place to avoid them. 
Fortunately, yes, incidents that end in death are rare. However, I 
believe the available evidence tells a different story about the number 
of times when smoke in the cockpit comes about.
  According to a more recent report, the FAA's Information for 
Operators Bulletin released October 6, 2010, the FAA noted that they 
receive over 900 reports a year of smoke or fumes in the cabin or 
cockpit. An average of 900 incidents in 365 days does not seem to me to 
be a rare occurrence.
  I believe that our national response to this issue has been 
inadequate. We need a comprehensive, up-to-date analysis of the issue 
and real-action next steps to protect our pilots and passengers. 
Therefore, I believe that my amendment is reasonable, logical, does not 
cost money, and it takes us toward resolving this issue. I urge my 
colleagues to support my amendment.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Chair, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. PETRI. I understand the intent behind the amendment. We have 
checked with the people we as citizens pay at the FAA to develop 
expertise in this area, and they advise us that current safety 
standards are sufficient to meet the risk posed by cockpit smoke. 
According to our contacts, the FAA additionally believes that the 
existing performance-based standards for cockpit ventilation 
effectively eliminate the unsafe conditions associated with smoke in 
the flight deck.
  Their current regulations require manufacturers to demonstrate that 
continuously generated cockpit smoke can be evacuated within 3 minutes 
to levels such that the residual smoke does not distract the flight 
crew or interfere with flight operations.
  So on that basis, we oppose and urge the membership to join us in 
opposing this amendment.
  I reserve the balance of my time.
  Ms. HIRONO. I again note that the underlying FAA reauthorization bill 
that we are contemplating tonight acknowledges this concern by asking 
the DOA to assess what the FAA has done in this area. So, to me, that 
says that this is an ongoing concern that is acknowledged in the 
underlying bill.
  In addition, I would like to note that there are any number of 
private airlines that already have these kinds of systems that I am 
talking about in my amendment in their fleets. For example, Jet Blue 
has these systems, UPS. And on the Federal side, I think it is really 
interesting to note that the FAA's VIP fleet has this kind of system in 
its cockpits to make sure that their pilots can see when there is 
continuous dense smoke in the cockpit.

[[Page 4902]]

  So, again, I urge my colleagues to support this amendment as being 
reasonable and taking us to the next steps to address this issue.
  I reserve the balance of my time.
  Mr. PETRI. I would just repeat, current requirements of the FAA 
require that smoke be evacuated from a flight deck within 3 minutes. 
And the feeling of the FAA is that resources can best be utilized to 
focus on the risk that generates the smoke rather than the smoke 
itself, and on getting the smoke out of the way rather than the 
approach that is being urged by this amendment. So I continue to 
recommend opposition.
  I reserve the balance of my time.
  Ms. HIRONO. I would like to close by reiterating once again that I 
think it is interesting that the FAA chooses to focus on the causes of 
cockpit smoke. Frankly, if there is smoke in the cockpit, I don't know 
that we need to be focusing that much on what causes the smoke. Of 
course that is important. But at the same time, what I care about on 
behalf of the pilot and the flying public is, what can we do. What 
systems are already available, what technology is already available, 
being used, I might say, extensively by the private sector as well as 
in government airplanes, that would ensure the safety of our pilots and 
flying public? This is why I continue to press the adoption of my 
amendment.
  I yield back the balance of my time.

                              {time}  1730

  Mr. PETRI. Mr. Chairman, I would just reiterate that according to the 
information provided to the committee by the FAA, no accidents or 
catastrophic events have been tied solely to the presence of smoke in 
the flight deck. An analysis of accident data for the last 15 years 
shows that the equipment that would be required by this amendment would 
not have reduced fatal accidents. Therefore, I urge that we listen to 
the experts, keep our focus on eliminating the cause of the smoke, and 
not adopt the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Hawaii (Ms. Hirono).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Ms. HIRONO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Hawaii 
will be postponed.


          Amendment No. 11 Offered by Ms. Jackson Lee of Texas

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 112-46.
  Ms. JACKSON LEE of Texas. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 138, after line 9, insert the following (and conform 
     the table of contents accordingly):

     SEC. 318. MINIMUM STAFFING OF AIR TRAFFIC CONTROLLERS.

       (a) In General.--The Secretary of Transportation shall take 
     such actions as may be necessary to ensure that, at a covered 
     airport, not fewer than 3 air traffic controllers are on duty 
     at all times during periods of airfield operations.
       (b) Covered Airport.--In this section, the term ``covered 
     airport'' means the 20 largest airports in the United States, 
     in terms of annual passenger enplanements for the most recent 
     calendar year for which data are available.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from Texas (Ms. Jackson Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. Mr. Chairman, at the end of debate, I 
intend to ask unanimous consent to withdraw my amendment.
  First of all, let me indicate to my colleagues the importance of this 
issue. I served as the chairperson of the Transportation Security 
Committee on Homeland Security and I now serve as the ranking member, 
so I have lived through these issues of security for a very long time. 
From the tragic moments of 9/11 and the organization of our Homeland 
Security Committee as a select committee, and then the final committee, 
I have been involved in these issues. So my intent is to discuss why 
this is an important safety issue and an important security issue.
  Again, it is to recognize that our air traffic controllers are really 
our first responders. It is important to note that air traffic 
controllers are in rural airports, in small airports, and in our major 
airports. My amendment would specifically speak to the busiest 
airports, those airports that could document on an annual basis the 
amount of passengers at that airport, such as Bush Intercontinental 
Airport in Houston, Texas, that is number eight.
  Commercial aircraft, for example, always have at least two pilots for 
long hauls. Sometimes there are three for long hauls. Why would we not 
have the same standards for air traffic controllers? I believe it is 
important to ensure the safety of the American public. There are 
notorious incidents that involve pilot fatigue, but there are also 
incidents that reflect upon the lack of air traffic controllers.
  I commend Secretary LaHood for ordering a second air traffic 
controller to be on duty, in particular, overnight at the National 
Airport. And I want to make the point that we are not demonizing air 
traffic controllers, because if you know the story, you know the 
individual that fell asleep had been on duty for three nights in a row. 
The Secretary's action evidences that there is no current mandate for 
multiple air traffic controllers.
  There is legislation in the Senate and there is language in the House 
bill that deals with the study. I frankly believe that we should have a 
more firm assessment, having a minimum of three, and at least two air 
traffic controllers to address this question.
  Why do I say that? The National Air Traffic Controllers Association 
and their president have indicated one-person shifts are unsafe, 
period. The most horrifying proof of this, of course, came on August 
27, 2006. In addition, it has been in the air traffic controllers' 
mission to have at least two people on staff or as air traffic 
controllers for most of their existence.
  So I stand today saying that it is important that we have trained air 
traffic controllers. They are called certified professional 
controllers. But in the top 20 airports, I must ask the question: Why 
do we have a structure that doesn't require minimally three, at least 
two, and at least, if you will, would have the individual there at all 
times who has not been on duty for three nights in a row?
  I think that this is an important step, and I would ask my colleagues 
to work with me as we go forward to ensure the safety and security of 
the Nation's skies. We are all working together, and I look forward 
prospectively to looking at legislation, long-term, that addresses this 
issue of safety and security in the Nation's air traffic control 
towers. They are our public servants.
  Mr. Chair, my amendment calls for staffing minimums of no fewer than 
three air traffic controllers on duty during the period of airfield 
operations at the 20 busiest airports in the country.
  We have all heard about the air traffic Supervisor who reportedly 
fell asleep on the job last week, forcing two airliners carrying more 
than 150 passengers and crew to land without direction at National 
Airport.
  It is a blessing that the pilots had the wherewithal to handle the 
situation safely, securely, and without incident, but this has 
highlighted a serious safety and security issue in our aviation system.
  Although the Supervisor at National Airport was certified to perform 
air traffic control, the fact that a Supervisor for the FAA who is 
responsible for managing air traffic controllers was working alone 
without any frontline air traffic controller(s) on duty, is shocking in 
itself. What is more shocking is that this was his fourth 10 p.m. to 6 
a.m. shift in a row, according to USA Today.
  This is not the first incident at National Airport, where a traffic 
control tower was left unmanned for an extended period of time.
  The vast majority of air traffic controllers are hard working 
dedicated individuals. 365 days a year, air traffic controllers ensure 
that we have the safest aviation system in the world.

[[Page 4903]]

  But Mr. Chair, we are all human and mishaps occur, which is why in 
the aviation system we use multiple layers and duplication to ensure 
for the safety of the public and the crew.
  Commercial aircraft always have at least two pilots, and for long 
haul flights, there are three. Why would we not have similar standards 
for air traffic controllers performing an equally critical function?
  Think about the people flying on the planes across our country. They 
our our grandmothers, husbands, wives and babies. They are American 
passangers and their lives have value. To ensure their safety we must 
insist that Certified Professional Controllers (CPC) are always in the 
tower. We must set a reasonable minimum standard.
  I commend Secretary LaHood for ordering a second air traffic 
controller to be on duty overnight at National Airport. However, the 
Secretary's action simply evidences that there is no current mandate 
for multiple air traffic controllers. The Secretary stated, ``It is not 
acceptable to have just one controller in the tower managing air 
traffic in this critical air space. I have also asked FAA Administrator 
Randy Babbitt to study staffing levels at other airports around the 
country.''
  My amendment calls for a minimum of three air traffic controllers in 
the tower during hours of airfield operation at the Nation's busiest 
airports.
  After 9/11, we witnessed the vital importance of air traffic 
controllers in protecting our domestic airspace. Air Traffic 
Controllers also known as Certified Professional Controllers (CPCs) are 
part of our front line of defense to protect and ensure the safety of 
our airspace. In the shocking aftermath of the 9/11 attacks, it was air 
traffic controllers who monitored the air space above our nation to 
help keep us safe from further attacks.
  Our system is clearly not impervious to the effects of human error, 
and all it takes is one accident for us to regret not taking the proper 
action on this amendment.
  We must not forget the people who are the passengers in those planes 
that fly above American skies. They are our grandmothers, grandfathers, 
husbands, wives and children. They are American passengers and their 
lives have value. To ensure their safety we must insist that air 
traffic controllers are provided with proper staffing levels to do 
their important and necessary jobs of keeping Americans safe.
  Mr. Chair, let me end by quoting from a statement released by the 
National Air Traffic Controllers Association which says:
  ``One-person shifts are unsafe. Period. The most horrifying proof of 
this came on Aug. 27, 2006, when 49 people lost their lives aboard 
Comair Flight 191 in Lexington, Ky., when there was only one controller 
assigned to duty in the tower handling multiple controllers' 
responsibilities alone. One person staffing was wrong then and it's 
wrong now.''
  Mr. Chair, my amendment is essential to ensure that we continue to 
have the safest and most secure aviation system in the world, and I 
urge my colleagues to support it.
  I reserve the balance of my time.
  Mr. MICA. I claim the time in opposition.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. Again, I think the gentlelady's intentions are honorable, 
and I know she is trying to make certain that we are safe and secure. 
However, the way the amendment is crafted with actually requiring three 
air traffic controllers all the time in the top 20 as far as traffic, 
first of all, I would say it doesn't achieve her goals.
  First of all, all of those, we have a list of them, have at least two 
air traffic controllers. Some of them have very few flights. This 
doesn't answer the problem that they had at Ronald Reagan Airport. 
There was a period of time when they have no traffic at many of these 
airports, so what she would be doing the way this is crafted is 
requiring at least three all the time, when we have two already, and 
requiring an additional one.
  These are not cheap, easy-to-come-by air traffic controllers. They 
earn, on average, $163,000. Where I need to put them is where I have 
the air traffic. We always are required by labor organizations and by 
FAA to staff to traffic.
  So her amendment, while maybe well-intended, it actually achieves the 
opposite. All of these, every one that she mentioned, has at least two, 
and then I would be adding more people when they have no traffic as 
opposed to putting them where I need them where they have traffic.
  I understand she is going to withdraw the amendment. I would be glad 
to work with her. We do have provisions in here that will help us, I 
think, with some of the personnel movement and questions of 
professionalism and competency and training that will address some of 
the shortfalls we have seen from a limited number of FAA air traffic 
controllers.
  I yield back the balance of my time.
  Ms. JACKSON LEE of Texas. Let me thank the gentleman, and let me 
thank Mr. Costello, as well, for working on these issues. I think both 
Members know my relationship to the issues of transportation security.
  I would argue that having a statutory framework to work from is the 
appropriate approach to take. You can assess, then, whether you need 
three or two or whether some of the airports already have the standing 
amount. But we have to focus on the security of our skies, if you will, 
and we don't want any more tragedies to occur without some framework.
  I look forward to working with both gentlemen on a framework for our 
air traffic controllers. I intend to work on legislation that embodies 
safety and security in a jurisdictional manner and working with 
Homeland Security, working with the Department of Transportation and 
our respective jurisdictional committees.
  We owe this to the American public. It is my commitment to ensure 
that professionalism is there, that safety and security are there, and 
no more lives are lost because of the potential of an overly tired air 
traffic controller.
  With that, Mr. Chairman, I ask unanimous consent to withdraw this 
amendment.
  The Acting CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.

                              {time}  1740


          Amendment No. 12 Offered by Mrs. Miller of Michigan

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 112-46.
  Mrs. MILLER of Michigan. Mr. Chairman, I have an amendment at the 
desk made in order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 140, line 2, insert after ``industry'' the following: 
     ``, Federal agencies that employ unmanned aircraft systems 
     technology in the national airspace system,''.
       Page 140, line 23, strike ``and''.
       Page 140, after line 23, insert the following:
       (iii) to develop standards and requirements for unmanned 
     aircraft systems sense and avoid performance; and
       Page 140, line 24, strike ``(iii)'' and insert ``(iv)''.
       Page 144, after line 10, insert the following (and 
     redesignate subsequent sections, and conform the table of 
     contents, accordingly):

     SEC. 325. SAFETY STUDIES.

       The Administrator of the Federal Aviation Administration 
     shall carry out all safety studies necessary to support the 
     integration of unmanned aircraft systems into the national 
     airspace system.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from Michigan (Mrs. Miller) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Michigan.
  Mrs. MILLER of Michigan. Thank you, Mr. Chairman. I certainly also 
want to thank Chairman Mica, as well as Chairman Petri and also Ranking 
Member Costello, for all of their hard work and for putting out a bill 
I think will help us move the Nation forward and improve the quality of 
aviation in America.
  My amendment is designed to help expedite and to improve the process 
by which FAA works with government agencies to incorporate unmanned 
aerial vehicles, or UAVs as they're commonly called, into the National 
Airspace System. Currently, Mr. Chairman, law enforcement agencies 
across the country, from Customs and Border Protection to local police 
departments, et cetera, are ready to embrace the new technology and to 
start utilizing UAVs in the pursuit of enforcing the law and protecting 
our border as well.
  However, the FAA has been very hesitant to give authorization to 
these UAVs due to limited air space and restrictions that they have. I 
certainly can appreciate those concerns; but

[[Page 4904]]

when we're talking about Customs and Border Protection or the FBI, what 
have you, we are talking about missions of national security. And 
certainly there's nothing more important than that. It was a very, very 
lengthy exercise to get the FAA to authorize the use of UAVs on the 
southern border. While they're finally being utilized down there, we 
are certainly a long way from fully utilizing these technologies.
  So my amendment does three things. First, it makes sure those 
stakeholders currently using UAVs have a seat at the table during the 
integration process. Second, my amendment would clear up a source of 
confusion in this process and direct the FAA to define exactly what it 
means by ``sense and avoid technology.'' We think this would provide 
very clear-cut criteria in order to ensure compliance.
  Finally, my amendment directs the FAA to conduct the safety studies 
that it is requiring. Currently, the FAA would direct various agencies 
to conduct these studies themselves. However, there is no agency in the 
Federal Government that has the expertise and the competency that FAA 
has when it comes to studying safety in the air. So I think this would 
guarantee that the safety studies that the FAA requires for this 
process are as comprehensive as possible.
  As I said before, we do have some domestic UAV missions in effect. 
There's three in Arizona, there's two in North Dakota, and maritime 
guardians as well in both Florida and Texas. We've made some progress, 
but when we have a situation in this Nation where we don't have 
operational control of either of our borders, either the southern 
border or the northern border, I think that the taxpayers are well-
suited to be able to utilize current DOD technology, off-the-shelf 
hardware that has already been extremely effectively in theatre with 
these UAVs to help us with our border protection.
  UAVs are ready. They work. I think it's past time we utilize them. We 
need to have the FAA help us with this kind of thing as well.
  Mr. PETRI. Will the gentlewoman yield?
  Mrs. MILLER of Michigan. I yield to the gentleman from Wisconsin.
  Mr. PETRI. I thank my colleague from Michigan for yielding. We've 
reviewed her amendment and have no objection to it. We think it's a 
step forward, and I would urge my colleagues to join us in supporting 
this.
  Mrs. MILLER of Michigan. I certainly appreciate Chairman Petri's 
comments on that.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. THOMPSON of California. Mr. Chairman, I rise to claim time in 
opposition to the amendment, although I am not opposed to it.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. THOMPSON of California. Mr. Chairman, if H.R. 658 passes, this 4-
year FAA reauthorization bill would devastate rural communities across 
our great country. This legislation completely phases out the Essential 
Air Service program, rolls back critical funding needed for airport 
improvement programs, fails to adequately protect the rights of air 
passengers, and would cost us close to 70,000 American jobs.
  The EAS, the Essential Air Service program, is necessary to provide 
air service into our country's most rural communities. This year alone, 
110 rural airports in the continental United States were helped by this 
important program. These airports, like the one I represent in Crescent 
City, California, would simply not be in operation if it weren't for 
the EAS program. This legislation would completely phase out the EAS 
program for all airports in the Lower 48 by 2014. This would be 
devastating for small businesses and a public safety disaster.
  I singled out Crescent City Airport in Del Norte County on the west 
coast of California because, as we all know, just a couple of weeks ago 
we had a tsunami. Crescent City, California, was ground zero for that 
tsunami on the Pacific coast. Crescent City received about $40 million 
worth of damage. We lost a life. All the roads were closed in and out 
of the area. The only way to get people in and out--some of those 
people critical public safety individuals, folks who came in to do 
assessments and to help out in this devastating time--were through our 
small airport. If this program is lost, that small airport would not be 
there for my district and all of the other rural districts across the 
country.
  Mr. Chairman, I agree that we've gone too long without a long-term 
FAA reauthorization bill. However, the bill before us, I believe, would 
do more harm than good for our aviation system. For that reason, I urge 
all of my colleagues to vote ``no'' on this bill.
  I yield to my friend from Illinois.
  Mr. COSTELLO. Mr. Chairman, we support the gentlelady's amendment.
  Ms. BUERKLE. Mr. Chair, I rise in strong support of the amendment 
offered by my colleague, Representative Miller of Michigan. It is 
important that the FAA work with other federal agencies, including the 
National Guard, to integrate Unmanned Aerial Systems into the National 
Airspace System.
  My district is the home of the 174th Attack Wing of the Air National 
Guard that uses Hancock Field in Syracuse. They use Unmanned Air 
Vehicles, UAVs, that currently must be transported to and from Fort 
Drum in order to perform their mission.
  It is important that the FAA integrate these UAVs into the National 
Airspace System as quickly and safely as possible. In addition to 
performing a critical mission for national security, the 174th is 
responsible for 1300 jobs in the Syracuse area. Finding a way to get 
the federal agencies to work together to allow UAVs to operate out of 
Hancock Field is important to the economy of this region.
  I strongly support this amendment and encourage the Chairman of the 
Transportation Committee to protect and strengthen this provision in 
conference.
  Mr. HANNA. Mr. Chair, I rise in support of the amendment offered by 
my friend from Michigan and of this fiscally responsible FAA bill.
  I was proud to help include language in the bill requiring the 
establishment of at least four test sites to promote the safe 
integration of remotely piloted aircraft into the national airspace.
  Remotely piloted aircraft are an exciting next chapter in aviation. 
It is time to expand this technology domestically, and this bill 
directs the FAA to establish four test sites with the appropriate 
climate, geography, and access to necessary research radars.
  Remotely piloted aircraft are not new to American airspace, and they 
are certainly not new to the area around my district in Central New 
York.
  The topography of Central New York is as varied as the seasons. A 
diverse climate and varied topography are essential for testing and 
will inform preparations for the safe integration of remotely piloted 
aircraft into the national airspace.
  Mr. Chair, remotely piloted aircraft are not limited to military 
uses. They can assist in search and rescue operations, environmental 
research, forest and fire management, domestic law enforcement 
activities and perhaps most importantly, monitoring our borders for 
illegal activities.
  I encourage my colleagues to vote in favor of the Candice Miller 
Amendment and the underlying bill.
  Mr. THOMPSON of California. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Michigan (Mrs. Miller).
  The amendment was agreed to.


                Amendment No. 13 Offered by Mr. Woodall

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 112-46.
  Mr. WOODALL. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 157, after line 14, insert the following (and conform 
     the table of contents accordingly):

     SEC. 3__ CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST 
                   REQUIREMENTS.

       (a) In General.--Notwithstanding any interpretation issued 
     by the Administrator of the Federal Aviation Administration, 
     the requirements regarding sections 263 and 267(d) of part 
     135 of title 14, Code of Federal Regulations, for part 135 
     certificate holders providing air ambulance services and 
     pilots and flight crewmembers of all-cargo aircraft regarding 
     certain flight times and rest periods shall remain in effect 
     as such requirements were in effect on January 1, 2011.

[[Page 4905]]

       (b) Restriction on Regulations.--The Administrator may not 
     issue, finalize, or implement a rule regarding sections 263 
     and 267(d) of part 135 of title 14, Code of Federal 
     Regulations, as proposed in docket No. FAA-2010-1259, 
     Interpretations of Rest Requirements, published in the 
     Federal Register on December 23, 2010, or any similar rule 
     regarding such sections for part 135 certificate holders 
     providing air ambulance services and pilots and flight 
     crewmembers of all-cargo aircraft.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Georgia (Mr. Woodall) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. WOODALL. My amendment supports a longstanding FAA regulation of 
medical charter flight services under part 135. There's been a lot of 
focus on fatigue and pilot rest and duties. I certainly understand that 
on the passenger side of the equation, but these medical charter 
flights fall into a little different category.
  If you chartered a flight to fly down and pick up a heart for a heart 
transplant, the lifesaving thing to do is to actually keep that flight 
coming back, not to delay it with additional rest and regulations. 
Because of the unique circumstances that these air ambulances are in, 
that these medical charter flights are in--and we even expanded it to 
include cargo because in this increasingly regulatory environment I 
didn't want there to be any confusion that if we had a heart on a 
plane, that was somehow not a medical ambulance flight because there 
was no person there to prevent the FAA from re-regulating this area in 
the same way that they have regulated passenger charter flights.
  This has long been treated under a special part of the regs for a 
special reason because these air ambulance flights provide a critical 
addition to our health care delivery system in this country and because 
the flights that they are involved in are genuinely a matter of life 
and death.
  With that, I would ask my colleagues to support this protection of 
the current regulatory structure of these medical charter flights and 
prevent the reinterpretation of that structure.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. No Member seeking time in opposition, the question 
is on the amendment offered by the gentleman from Georgia (Mr. 
Woodall).
  The amendment was agreed to.


               Amendment No. 14 Offered by Mr. Pierluisi

  The Acting CHAIR. It is now in order to consider amendment No. 14 
printed in House Report 112-46.
  Mr. PIERLUISI. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 161, line 18, strike ``Alaska and Hawaii'' and insert 
     ``Alaska, Hawaii, and Puerto Rico''.
       Page 164, line 19, strike ``Alaska and Hawaii'' and insert 
     ``Alaska, Hawaii, and Puerto Rico''.
       Page 164, line 21, strike ``Alaska and Hawaii'' and insert 
     ``Alaska, Hawaii, and Puerto Rico''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Puerto Rico (Mr. Pierluisi) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Puerto Rico.
  Mr. PIERLUISI. The Essential Air Service program, enacted in the wake 
of airline deregulation in 1978, ensures that smaller communities that 
were served by air carriers before deregulation continue to be served 
so that residents of these communities can access air travel. Nowhere 
is the Essential Air Service program more essential than in 
noncontiguous U.S. jurisdictions, like Puerto Rico, that are separate 
and distant from the U.S. mainland.
  The bill already passed by the other body would make reforms to the 
EAS program going forward, but would continue the program, in effect. 
The bill before us would phase out the EAS program by October 2013, but 
would expressly authorize the Secretary of Transportation, if he or she 
deems it appropriate, to continue the program beyond that date in the 
noncontiguous jurisdictions of Alaska and Hawaii.
  My amendment would provide the Secretary with the same reasonable 
discretion in the case of Puerto Rico. The sound arguments that 
militate in favor of allowing the Secretary this discretion with 
respect to Alaska and Hawaii apply with similar force with respect to 
Puerto Rico.

                              {time}  1750

  Like Alaska and Hawaii, Puerto Rico is a non-contiguous jurisdiction, 
separated by ocean from the U.S. mainland. Puerto Rico consists of 
multiple islands, three of which are home to resident populations and 
active airports: namely, the main island of Puerto Rico and the outer 
islands of Vieques and Culebra.
  As in Alaska and Hawaii, not all communities in Puerto Rico are 
connected by road, and the nearly 4 million U.S. citizens residing in 
the territory rely heavily on aviation to connect to the national air 
transportation network. Federal support under the EAS program has made 
this essential connection possible for many of my constituents who face 
unique geographic challenges.
  Continued operation of the EAS program in Puerto Rico is likely to 
cost the Federal Government only about $1 million a year, roughly .06 
percent of the total cost of the program in 2010. The EAS program is 
funded through FAA overflight fees, which apply to operators of 
aircraft that fly in U.S.-controlled airspace, including Puerto Rico.
  Mr. Chairman, based on an earlier discussion we had on the floor, I 
know my friend, the gentleman from Florida, is willing to work with me 
to address this matter as we move forward.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I rise in opposition, although I am not in 
opposition. I ask unanimous consent to control the time.
  The Acting CHAIR. Without objection, the gentleman from Florida is 
recognized for 5 minutes.
  There was no objection.
  Mr. MICA. First of all, I want to thank the gentleman for his 
leadership in representing so well the people of Puerto Rico. Also, 
again, Governor Fortuno, who preceded the current delegate. I talked to 
them about this situation, and they do indeed have an essential air 
problem. He cited Vieques and Culebra, for example, and I know even 
during the recent season they had ferry boat interruption service. 
There's no other way to get back and forth. And this does constitute 
Essential Air Service.
  As I have said to the gentlewoman and the gentleman from North and 
South Dakota and the gentleman from Pennsylvania and now to the 
gentleman with Puerto Rico, I commit to work with them and will try to 
address their concerns. He has my commitment in that regard.
  I understand he's going to withdraw his amendment, and I'm grateful 
for his cooperation and pledge to work with him.
  I yield back the balance my time.
  Mr. PIERLUISI. Mr. Chairman, I want to thank the gentleman from 
Florida for his kind words and for the commitment he has made to ensure 
that Puerto Rico is not overlooked in the deliberations about the 
Essential Air Service program. I cannot overstate the importance of air 
service for my constituents, especially those living in Ponce and 
Mayaguez, as well as the islands of Vieques and Culebra. Therefore, I 
look forward to working with the gentleman from Florida as well as with 
the ranking member of the committee of jurisdiction on this issue.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The Acting CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.


               Amendment No. 15 Offered by Mr. Schweikert

  The Acting CHAIR. It is now in order to consider amendment No. 15 
printed in House Report 112-46.
  Mr. SCHWEIKERT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:


[[Page 4906]]

       Page 170, after line 12, insert the following:
       (e) Extending Length of Flights From Ronald Reagan 
     Washington National Airport.--Section 41718 (as amended by 
     subsection (d)(1) of this section) is further amended by 
     adding at the end the following:
       ``(h) Use of Airport Slots for Beyond Perimeter Flights.--
     Notwithstanding section 49109 or any other provision of law, 
     any air carrier that holds or operates air carrier slots at 
     Ronald Reagan Washington National Airport as of January 1, 
     2011, pursuant to subparts K and S of part 93 of title 14, 
     Code of Federal Regulations, which are being used as of that 
     date for scheduled service between that airport and a large 
     hub airport may use such slots for service between Ronald 
     Reagan Washington National Airport and any airport located 
     outside of the perimeter restriction described in section 
     49109, except that an air carrier may not use multi-aisle or 
     widebody aircraft to provide the service authorized by this 
     subsection.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Arizona (Mr. Schweikert) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. SCHWEIKERT. Mr. Chairman, first, I really do want to thank the 
chairman here for his hard work. Let's face it. This is a tough bill to 
put together. There's a lot of moving parts. And I truly appreciate the 
diligence that you and your staff have done to ensure that this FAA 
authorization continues to move forward.
  The current DCA slots language in the bill does offer some relief to 
travel restrictions imposed by the DCA perimeter rule. It would make a 
handful of additional--what's the proper term?--``beyond perimeter'' 
opportunities available, and those flying opportunities would probably 
go to new carriers or those with limited presence right now at Reagan 
National.
  But there needs to be, and there really should be, more done. My 
amendment would allow carriers which currently have slots at National 
Airport to convert flights now servicing large hub airports inside the 
perimeter zone into flights serving any airport outside the perimeter 
zone. This approach would result in greater access for communities 
beyond the perimeter zone without adding any new flights and without 
jeopardizing service to small- and medium-sized communities. There is 
substantial support for the idea. There are many other ideas worth 
considering in this basic concept of dealing with this perimeter zone.
  The perimeter rule restriction for flights coming in and out of 
Reagan National really are outdated. It's a vestige of a long time ago 
when the government thought really it should control and manage and, 
shall we say, manipulate markets. Whatever justification there might 
have been a long time ago, the perimeter rule has surely outlived its 
purpose. Our constituents, particularly those in the western part of 
the country, are penalized by continued imposition of this perimeter 
rule. Broader relief of this rule, broader definition, broader 
expansion--this competition would benefit consumers and allow a better 
market to function for all of us.
  I would like this opportunity to work with the chairman to achieve 
the result of more competition. This is a very important bill. This is 
important to us in the West, and I do believe we should broaden the 
scope of the perimeter rule.
  I reserve the balance of my time.
  Mr. COSTELLO. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. COSTELLO. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, I strongly oppose the gentleman's amendment. The 
gentleman may or may not know that this is the one issue that held us 
up from getting an FAA reauthorization bill in the last Congress. In 
fact, we could not get the bill out of the Senate because of this 
issue. It would, in fact, be an earmark for one airline.
  I support the language that is currently in the bill. It's taken 
years for us to negotiate where we are with this issue, and I, again, 
strongly oppose the gentleman's amendment.
  I reserve the balance of my time.
  Mr. SCHWEIKERT. Mr. Chairman, I yield to the gentleman from Florida, 
the chairman of the Transportation Committee.
  Mr. MICA. Again, I do have concerns and share the concerns of Mr. 
Costello. This is a hard-fought provision.
  I will guarantee the gentleman that I am aware of his concerns. I 
will work with him as the bill proceeds hopefully through the 
conference process. And I think you're doing an outstanding job in 
representing the constituencies who are affected who want those longer-
distance services to come into our Nation's Capital.
  Again, he has my strong commitment. I am hoping that he would 
withdraw the amendment at this time. I pledge to work with him, and I 
know Mr. Costello will also work with the gentleman in that regard.
  Mr. SCHWEIKERT. I reserve the balance of my time.
  Mr. COSTELLO. Mr. Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Chairman, I rise to support the chairman of the 
committee, Mr. Mica, and the ranking member on this issue.

                              {time}  1800

  As the ranking member pointed out, this was the single issue. The 
amendment being offered by the gentleman from Arizona was identical to 
the dispute which submarined this bill in the last session of Congress 
in the Senate. Essentially, it's a grab by, principally, one airline, 
but two airlines would get 70 percent of the benefit of his amendment. 
I think that's pretty much an earmark. It's pretty darned targeted.
  What we've proposed and what the chairman has proposed is much more 
modest and builds upon the consensus of the House, the last two 
sessions of this House, and also the last two successful 
reauthorizations of the FAA, which said, let's have real competition. 
So it put up a small pool of slots to be competitively awarded to areas 
that are underserved, not to one airline so it can dictate who will get 
service and who won't, which is what the gentleman's amendment would 
do. This would be a competition for underserved cities and airlines 
which do not now have access to the airport.
  This is very similar to what was done in AIR-21 and Vision-100. I 
believe it is an elegant solution to this that will not cause 
additional noise or problems at the airport, that will not give one 
airline a near monopoly or two airlines pretty much a duopoly. The 
market at National will give consumers on the west coast more options 
in getting to our Nation's capital and in utilizing National Airport.
  So I appreciate the gentleman's advocacy for an airline which serves 
his State, but that airline doesn't serve mine or many other western 
States. I would urge opposition, and let's have a real competitive 
position, which is the position of the committee.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. SCHWEIKERT. Mr. Chairman, in reclaiming whatever time I still may 
have remaining, I actually appreciate the comments.
  My ultimate goal is: more competition, more options, more choices. In 
the quick conversation I just had with the chairman, he assured me that 
he'd be willing to work with all of the parties that want to reach this 
goal.
  And so with unanimous consent, I would like to withdraw the 
amendment.
  The Acting CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.


               Amendment No. 16 Offered by Ms. Richardson

  The Acting CHAIR. It is now in order to consider amendment No. 16 
printed in House Report 112-46.
  Ms. RICHARDSON. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 173, at the end of the matter following line 2, insert 
     the following:
``42304. Notification of flight status by text message or email.
       Page 179, line 23, strike the closing quotation marks and 
     the final period and insert the following:

[[Page 4907]]



     ``Sec. 42304. Notification of flight status by text message 
       or email

       ``Not later than 180 days after the date of enactment of 
     this section, the Secretary of Transportation shall issue 
     regulations to require that each air carrier that has at 
     least one percent of total domestic scheduled-service 
     passenger revenue provide each passenger of the carrier--
       ``(1) an option to receive a text message or email or any 
     other comparable electronic service, subject to any fees 
     applicable under the contract of the passenger for the 
     electronic service, from the air carrier as a means of 
     notification of any change in the status of the flight of the 
     passenger whenever the flight status is changed before the 
     boarding process for the flight commences; and
       ``(2) the notification if the passenger requests the 
     notification.''.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentlewoman 
from California (Ms. Richardson) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. RICHARDSON. Mr. Chairman, I thank you for this opportunity to 
bring my amendment forward. I want to point out that I actually brought 
forward this amendment back in 2009, and it was passed in this House 
back on May 21, 2009.
  My amendment directs the FAA administrator to promulgate regulations 
within 180 days, giving consumers an option--I want to stress an 
``option''--for a text message or an email notification from carriers 
in the event of a delayed or a cancelled flight. The amendment would, 
consistent with existing regulations, apply only to carriers which earn 
at least 1 percent of the domestic passenger service market.
  My purpose today is not to tell the airlines how to run their 
businesses or to instill any burden on the airlines. It is merely to 
ensure that hardworking men and women who are spending their dollars 
flying the airlines are given the basic information that they deserve 
and, as I would say, what they've already paid for. We can all tell 
horror stories of delayed and cancelled flights. Given the advances in 
technology and the widespread use of cell phones and smart phones 
nationwide, it is only reasonable to consider that we would utilize 
21st century solutions for all of the American public, not just for 
some who can pay a little bit more for it.
  My amendment will help to ensure that the traveling public will 
receive timely notifications of any flight delay or cancellation. I 
need not tell you that flight delays and cancellations continue to be a 
problem. In fact, the Bureau of Transportation reported that, in 2010, 
more than one out of every five flights was delayed.
  Major choke points for travelers have taken place at large hubs, but 
they can occur anywhere. It is not uncommon that the airlines have 
prior knowledge of an upcoming delay, and that information should be 
shared appropriately with the public. The airlines can simply send each 
passenger who has requested it an email or a text message, which would 
give those passengers more time to plan alternative routes or to notify 
their families.
  Earlier this year, snow slammed the east coast and the Midwest. In 
the New York region alone, the storm caused thousands of cancelled 
flights at the Newark Airport. Customer service does matter, and in 
this case, it is something that all Americans deserve. Also, consider 
that it is in the economic interest of our country not to have 
thousands and thousands of people who are flying and who, unbeknownst 
to them, end up sleeping on the floor and running out of baby's milk 
and diapers, having a need to get to their final points.
  Let me suffice to say that, in consultation with my colleagues on the 
other side, with Mr. Mica and others as well as with those in the 
industry, I have committed to working with them as we go forward to 
make sure that we can eventually get to a point where we can provide 
the public with the information but not in a way that is burdensome. 
So, today, I will not ask for a recorded vote, but I look forward to 
working with my colleagues on the other side to establish a better 
process going forward, which the industry has also agreed to work with 
me on.
  I reserve the balance of my time.
  Mr. PETRI. I rise in opposition to the amendment.
  The Acting CHAIR (Mr. Simpson). The gentleman from Wisconsin is 
recognized for 5 minutes.
  Mr. PETRI. We really do support the intent of the gentlelady from 
California's amendment, but in our opinion and without further work and 
review of it, it's not something that is wise to codify into law at 
this particular juncture.
  It is my understanding that all of the major air carriers do provide 
electronic notification of flight status. We want to review it to make 
sure of the scope of those, less the major carriers, and as to how this 
would work in practice so that it doesn't result in litigation and not 
really greater consumer convenience. The industry has been moving. 
Since you called this to the attention of the industry back several 
years ago, it has been implemented by all of the major carriers. So 
progress is being made, and we'd like to work with you to make further 
progress, but we do oppose the amendment at this time.
  I reserve the balance of my time.
  The Acting CHAIR. The gentlewoman from California has 2 minutes 
remaining.
  Ms. RICHARDSON. I thank the gentleman on the other side for his 
willingness to work with me.
  As I have just spoken to the industry individuals, actually, not all 
of them have implemented it, so there is room to grow. Also, not 
necessarily all passengers are aware of the service or have access to 
it.
  Suffice to say, I agree with your thoughts. Certainly, we're not 
looking to do anything burdensome, and we're certainly not looking for 
legal issues, but if we can figure out a way to work to get the best 
thing for the American public, that's my objective.
  I reserve the balance of my time.
  Mr. PETRI. I understand the delegate from the District of Columbia 
would like to address this issue. I yield 2 minutes to our colleague, 
Eleanor Holmes Norton.
  Ms. NORTON. I appreciate my friend yielding me 2 minutes. I did not 
get an opportunity to speak on the last amendment. Although I'm from 
the region, I did want to reinforce why the compromise fashioned by the 
chairman and the ranking member is so important. Whenever this bill 
comes up, there is some individual, usually from the other body, who 
wants to expand the perimeter.
  Dulles and Reagan are essentially airports under congressional 
control, and Congress has mandated a balance between Reagan and Dulles, 
and has allocated finances accordingly. Reagan is a short-distance 
airport. Dulles is the long-distance airport. Reagan has one primary 
runway. There were stories in the paper just recently about how hard it 
is, therefore, for planes to land there. Dulles has four times as many. 
The underuse of Dulles would, in fact, waste substantial investment 
that the Congress has put into this balance.

                              {time}  1810

  The compromise language does at least import competition; whereas, 
the original amendment would have been a windfall to one or two 
airlines.
  So I very much appreciate this compromise. Remember, those of us in 
the region would prefer nothing outside of the perimeter, but we're 
always willing to work with the chairman and with others on the 
committee, and I am grateful for the compromise that has been accepted, 
and I'm very grateful that the gentleman from Arizona has been kind 
enough to withdraw his amendment.
  Ms. RICHARDSON. Mr. Chairman, the flying public should have the peace 
of mind of knowing that, if they so choose, they're armed with the 
latest information regarding their flight delays. This is what our 
American public has right now.
  As this bill continues, I pledge to continue to work with Mr. Petri, 
Mr. Mica, and our ranking member, Mr. Costello, as we continue to work 
to make sure that the airlines can come up with a solution that will 
benefit all of the flying public here in America, a solution that does 
not burden the consumers or the industry, that can allow

[[Page 4908]]

us to get to our objective, which is for people to fly safely and to be 
appropriately informed.
  I urge my colleagues to continue to work on this issue.
  I yield back the balance of my time.
  Mr. PETRI. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Ms. Richardson).
  The amendment was rejected.


                Amendment No. 17 Offered by Mr. Capuano

  The Acting CHAIR. It is now in order to consider amendment No. 17 
printed in House Report 112-46.
  Mr. CAPUANO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 189, after line 13, insert the following (and conform 
     the table of contents accordingly):

     SEC. 434. BAGGAGE FEE REFUNDS.

       An air carrier that collects a fee from a passenger for 
     checked baggage on a flight operated by the carrier in 
     scheduled passenger air transportation or intrastate air 
     transportation shall refund the fee, not later than 60 days 
     after the date of the flight, if the baggage is lost, 
     delayed, or damaged. A refund required under this section 
     shall be in addition to compensation required under any other 
     provision of law.

     SEC. 435. NOTIFICATION REQUIREMENTS REGARDING THE SALE OF 
                   AIRLINE TICKETS.

       (a) Notice of Fees.--Section 41712 is amended by adding at 
     the end the following:
       ``(d) Notice of Fees.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for any ticket agent, air 
     carrier, foreign air carrier, or other person offering to 
     sell tickets for air transportation on a flight of an air 
     carrier or foreign air carrier to fail to disclose, whether 
     verbally in oral communication or in writing in written or 
     electronic communication, prior to the purchase of a ticket, 
     the cost of checking one or more pieces of baggage on the 
     flight.
       ``(2) Internet offers.--In the case of an offer to sell 
     tickets described in paragraph (1) on an Internet Web site, 
     disclosure of the information required by paragraph (1) shall 
     be provided by--
       ``(A) requesting the individual purchasing the ticket to 
     indicate the number of bags the individual intends to check 
     on the flight, when the individual is providing other flight 
     and airport information; and
       ``(B) informing the individual of the cost associated with 
     checking such baggage when a fare quote is first provided.''.
       (b) Sharing of Information.--To carry out the amendment 
     made by subsection (a), the Secretary of Transportation shall 
     prescribe any requirements necessary to ensure that consumers 
     are provided with information about baggage fees prior to the 
     sale of a ticket, including requiring that pertinent 
     information is adequately shared between carriers and ticket 
     agents with which carriers have an agency appointment or 
     other contract.
       (c) Contractual Relationships.--Nothing in this section, 
     including the amendments by this section, shall be construed 
     to require--
       (1) an air carrier or foreign air carrier to enter into an 
     agency appointment or other contract with a ticket agent; or
       (2) an air carrier or foreign air carrier to provide 
     information to a ticket agent with which the carrier does not 
     have an agency appointment or other contract.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Massachusetts (Mr. Capuano) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. CAPUANO. Mr. Chairman, this amendment is very simple. It does two 
simple things. We worked with the Department of Transportation to make 
sure that we don't step on any toes.
  Very simply, it requires any airline charging a baggage fee to tell 
us what it is so that when you want to go online and get a hundred 
dollar ticket, you know it's going to cost you $120 for the baggage or 
whatever. Very simple. It also requires them to share that information 
with any other aggregator that they already have a contract with. It 
does not require them to share that information with people that they 
do not do contract work with.
  The second thing it does is it simply says, if you collect a baggage 
fee and you lose that bag, that you have to refund the baggage fee. 
Very simple.
  Two items, consumer protection. Everybody who travels, everybody who 
flies knows that these two issues have become problems. They are being 
unaddressed. DOT is looking at some regulations. They haven't done it 
yet. There is nothing in this bill that would interfere with that 
activity.
  Therefore, Mr. Chairman, I would respectfully request that this 
amendment be adopted.
  I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. First of all, I greatly respect the gentleman's intent. I 
strongly favor the disclosure of fees by airlines. I think that fees 
ought to be refunded when bags arrive late, damaged, or just lost.
  However, as drafted, the amendment goes far beyond that and allows, 
again, some unfairness to contractual agreements, first of all, with 
global distribution systems and ticket agents. This requirement tips 
the scales in favor of global distribution systems and their business 
relationships with airlines, and global distribution systems are not 
charitable organizations. They're owned by private equity firms, hedge 
funds, and exist to make money in the travel industry, and we would tip 
the balance in this requirement for them.
  I favor part of what the gentleman's trying to do, but as crafted, I 
have to oppose the amendment because of that provision.
  I yield back the balance of my time.
  Mr. CAPUANO. Mr. Chairman, I respect the chairman's opinion, but I 
respectfully disagree. There is nothing in this proposal, as drafted at 
the moment, that would require anyone to disclose any information to 
anyone they are not already giving information to. If an airline is 
already doing work with Orbitz or Expedia or KAYAK or any of those, 
they're already giving them all of the information.
  All this says, if when you go onto one of those Web sites, if they 
are already working with them. Some of them don't work with them at 
all. That's their prerogative. There's nothing that requires that. It 
simply says, if you are working with them, you have to add in the 
baggage fee. That's all it does. It's simply allowing people to make 
informed decisions as to how much they want to pay to actually travel 
with their own bags, not a very difficult thing.
  Mr. Chairman, I yield as much time as he may consume to the gentleman 
from Illinois (Mr. Costello), the ranking member.
  Mr. COSTELLO. I thank the gentleman for yielding.
  I think it is worth pointing out that last July Mr. Petri and I held 
a hearing at the Aviation Subcommittee, and we had the GAO come in. It 
was on consumer issues, and not only the GAO but also consumer groups 
came in, and the message was clear from every witness that had 
consumers' interests in mind.
  Number one, these fees were excessive. Two, information about baggage 
fees should be transparent and immediately disclosed so that consumers 
can compare the total cost of flights offered of the different 
carriers.
  So, this legislation helps bring more equity and transparency to the 
process. I urge my colleagues to support it.
  Mr. CAPUANO. Mr. Chairman, I would like to put into the Record a 
letter of support by Flyers Rights, the largest flying public 
representative in the country.
                                                   March 21, 2011.
     Hon. John Mica,
     Chairman, House Transportation and Infrastructure Committee, 
         House of Representatives, Washington, DC.
       Dear Chairman Mica: Congressman Michael E. Capuano recently 
     introduced H.R. 712, which would require air carriers to 
     refund passenger baggage fees if such baggage is lost, 
     delayed, or damaged, and require air carriers and ticket 
     agents to include the actual cost of checked baggage when 
     quoting an airfare. This bill addresses two serious problems 
     for air travellers, and the 33,000 members of 
     FlyersRights.org strongly support this legislation.
       The first problem is all too familiar to anyone who flies 
     frequently. About,10,000 bags a day are mishandled--lost, 
     damaged, or delayed--and passenger recourse has always been 
     limited. Lost or damaged bag incidents may result in some 
     compensation. However, most airlines now charge fees for 
     checked baggage. When a bag is lost, damaged, or delayed, 
     they are under no obligation to return

[[Page 4909]]

     those fees, even though they have failed to perform the 
     contract implied by passengers' paying for bag delivery to 
     destination. Clearly, airlines should not profit from 
     performance failures.
       The second problem is relatively new. Most airlines 
     increasingly turn to unbundled, ancillary fees to boost their 
     profit. These fees, not a part of the advertised ticket 
     price, make it difficult for travellers to determine true 
     trip cost. Mr. Capuano's bill would force airlines to 
     proactively inform consumers of baggage charges before the 
     travellers purchase tickets. This fee disclosure was made 
     mandatory by a May, 2008, DOT rulemaking, but needs to become 
     a part of public law. H.R. 712 complements and builds on 
     DDT's rulemaking by requiring airlines to ask customers if 
     they'll be checking baggage when providing a fare quote, and 
     to then include that fee in their quote. It would also apply 
     to ticket agents and fare aggregators, where it will probably 
     be most useful.
       I again stress that FlyersRights.org strongly supports this 
     legislation and views it as a strong step forward for airline 
     passenger rights.
           Sincerely,

                                                   Kate Hanni,

                                   Founder and Executive Director,
                                                 FlyersRights.org.

  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Capuano).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. CAPUANO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.


           Amendment No. 18 Offered by Mr. Gingrey of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 18 
printed in House Report 112-46.
  Mr. GINGREY of Georgia. Mr. Chairman, I have an amendment at the desk 
made in order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 216, after line 2, insert the following:
       (b) Labor Management Relations.--
       (1) Exclusion from the exception.--Section 40122(g)(2)(C) 
     is amended by inserting after ``chapter 71'' the following: 
     ``(other than subsections (a), (c) and (d) of section 
     7131)''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of enactment of this Act, 
     except that such amendment shall not have the effect of 
     causing official time to be denied or otherwise made 
     unavailable for purposes of--
       (A) the negotiation of a collective bargaining agreement, 
     if commenced before such date of enactment;
       (B) any proceeding before the Federal Labor Relations 
     Authority, if commenced before such date of enactment; or
       (C) any other matter pending on such date of enactment, in 
     connection with which any official time has been used or 
     granted before such date.

  The Acting CHAIR. Pursuant to House Resolution 189, the gentleman 
from Georgia (Mr. Gingrey) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. GINGREY of Georgia. Mr. Chairman, I rise today to offer an 
amendment with my good friend Mr. Todd Rokita from Indiana that will 
increase efficiency in the FAA and uphold the integrity of taxpayer 
dollars.
  In fiscal year 2008, the Office of Personnel Management conducted an 
extensive survey of 61 Federal agencies and found that nearly 3 million 
work-hours and over 120 million taxpayer dollars were spent on union 
activities during official work-related time. This amendment prohibits 
Federal employees of the FAA from using official taxpayer-sponsored 
time on these activities.
  By offering this amendment, I intend to limit Federal activity during 
normal business hours to the people's work and not for constantly 
bargaining with one's employer, arbitrating grievances, or organizing 
and carrying out internal union activities. Labor organizations must 
participate in these actions outside of official time and without the 
use of taxpayers' hard-earned dollars.
  Mr. Chairman, the current collective bargaining agreement between the 
FAA and air traffic controllers allows for nine Federal employees to 
spend their--get this--their entire work year on behalf of the union. 
Let me be abundantly clear. Nine Federal employees are paid by 
taxpayers for absolutely no official work on their behalf.
  So this amendment in no way inhibits an employee's right to 
participate in collective bargaining or arbitration even though union 
representatives generally drag these activities out for months to 
years, costing taxpayers a tremendous amount of money.
  Opponents of this amendment will inevitably say that union 
representatives cannot use any official time for political activity and 
only for work-related purposes. However, Mr. Chairman, during the CR 
debate on H.R. 1 two weeks ago, a Federal employee working for the EPA 
sent Members an email at 2:47 p.m. in the afternoon with a letter 
attached that opposed an amendment, literally stating ``official time 
cannot be used for any political activities.'' I find it hard to 
believe how this letter does not constitute a political activity for 
which this Federal employee clearly evaded his official work 
responsibilities, in the middle of the work day, in order to weigh in 
on a political matter on behalf of his union.

         National Council of EPA Locals Council #238, American 
           Federation of Government Employees (AFL-CIO),
                                   Chicago, IL, February 18, 2011.


                       an open letter to congress

       Dear Honored Member of Congress: As President of the 
     American Federation of Government Employees (AFGE) National 
     Council of EPA Locals #238, representing more than 10,000 
     U.S. Environmental Protection Agency Federal civilian 
     employees across America, I am writing to ask you to oppose 
     any efforts to include in H.R. 1, the FY2011 Continuing 
     Resolution, the Gingrey Amendment #185, the Rokita Amendment 
     #209, or any other amendment to eliminate the use of official 
     time for union representation across the federal government.
       In the 1978 Civil Service Reform Act (the Act), Congress 
     expressly stated its belief that collective bargaining not 
     only ``safeguards the public interest,'' but ``contributes to 
     the effective conduct of public business,'' and ``facilitates 
     and encourages the amicable settlement of disputes . . .'' 
     Under the provisions of the Act, federal employees 
     represented by a union can be granted official time, or the 
     ability to perform representational activities during work 
     hours, for certain activities that are in the joint interest 
     of both the union and the agency. Official time is allowed 
     for negotiating collective bargaining agreements, handling 
     employee grievances, and conducting and receiving training. 
     It cannot be used for conducting internal union matters, 
     organizing workers, soliciting members or any partisan 
     political activities. It promotes efficiency and efficient 
     resolution of complaints within the federal workforce.
       It is important to note that as part of the Act of 1978, 
     Congress requires federal employee unions to work on behalf 
     of all employees in a bargaining unit regardless of whether 
     or not they pay dues. Moreover, the Congress prohibits 
     federal employee representatives from even collecting a fair-
     share payment or fee when they handle grievances for non-
     members or arbitrate cases on their behalf. In other words, 
     non-members get the proverbial free lunch; they contribute 
     not a dime, yet they benefit directly from the hard-fought 
     bargaining gains and skilled representation that 
     organizations representing federal employees are compelled by 
     law to provide equally to both members and non-members.
       In exchange for being saddled with these responsibilities, 
     the Congress allowed federal employee unions to bargain with 
     agencies over official time, by which federal employees who 
     are also union representatives can fulfill obligations to 
     their members and non-members while on duty status. Some 
     Members of Congress have advocated cutting the salaries and 
     benefits of those who serve the public as employees of the 
     federal government. These employees are the individuals who 
     secure our borders, keep terrorists behind bars, get Social 
     Security checks out on time, ensure a safe food supply, make 
     sure Americans have clean water and air, and care for our 
     wounded veterans, but they have been unfairly painted as the 
     cause of our country's economic troubles.
       Use of reasonable amounts of official time has been 
     supported by government officials of both political parties 
     for some 50 years. The recent opposition to official time has 
     nothing to do with deficit reduction and everything to do 
     with taking away Federal Employees' right to union 
     representation. It is an attempt to make the grievance 
     process

[[Page 4910]]

     meaningless so that an employee who has been the victim of 
     race or gender discrimination, sexual harassment, unfair 
     denial of Family Medical Leave Act (FMLA) leave, or unsafe 
     working conditions would have no representative to contact.
       Private industry has known for years that a healthy and 
     effective relationship between labor and management improves 
     customer service and is often the key to survival in a 
     competitive market. The same is true in the federal 
     government. No effort to improve governmental performance--
     whether it's called reinvention, restructuring, or 
     reorganizing--will thrive in the long haul if labor and 
     management maintain an arms-length, adversarial relationship. 
     In an era of downsizing and tight budgets, it is essential 
     that unions have official time so that management and labor 
     have a stable and productive working relationship that allows 
     for collaboration in delivering the highest quality and most 
     effective services to the American people.
       This mean-spirited attack on Federal civilian employees is 
     not only bad policy and demoralizing, but also erodes the 
     faith of the American people that Congress can be counted on 
     to provide them with even basic government services.
       I urge you to vote ``no'' on the Gingrey Amendment #185, 
     the Rokita Amendment #209 and any other amendment to 
     eliminate the use of official time for union representation 
     across the federal government.
           Respectfully,
                                 Charles (``Chuck O'') Orzehoskie,
                                      President, AFGE Council 238.
                                                  John J. O'Grady,
                                      Treasurer, AFGE Council 238.

                              {time}  1820

  I reserve the balance of my time.
  Mr. COSTELLO. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. COSTELLO. The amendment unfairly singles out the FAA unionized 
employees from all other Federal employees. Under Federal law, an 
employee representing a union has a right to receive ``official time'' 
to negotiate a collective bargaining agreement and participate in 
impasse proceedings. In addition, the law permits an agency and a union 
to negotiate the availability of official time as long as the time is 
``reasonable, necessary, and in the public interest.''
  Mr. Chairman, additionally, the purpose of the official time is to 
give Federal employees the opportunity to represent their colleagues on 
issues ranging from discrimination to managerial misconduct and to 
resolve disputes in a cooperative fashion at the lowest level rather 
than resorting to the costly litigation. The cost of arbitrating one 
case is estimated to be at least $10,000, and that does not include the 
salary and expenses for the time spent by the two attorneys the FAA 
uses on every case.
  Mr. Chairman, I would respectfully submit this is an issue that 
should be left to be negotiated between the agency and the employees.
  I reserve the balance of my time.
  Mr. GINGREY of Georgia. Mr. Chairman, I yield 10 seconds to the 
gentleman from Florida (Mr. Mica), the committee chairman.
  Mr. MICA. I would like to submit this letter of support for the 
Record.

                                        Association of Air Medical


                                                     Services,

                                   Alexandria, VA, March 25, 2011.
     Hon. John Mica,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
     Hon. Thomas Petri,
     Chairman, Subcommittee on Aviation, Committee on 
         Transportation and Infrastructure, House of 
         Representatives, Washington, DC.
     Hon. Nick Rahall,
     Ranking Member, Committee on Transportation and 
         Infrastructure, House of Representatives, Washington, DC.
     Hon. Jerry Costello,
     Ranking Member, Subcommittee on Aviation, Committee on 
         Transportation and Infrastructure, House of 
         Representatives, Washington, DC.
       Dear Chairman Mica, Ranking Member Rahall, Chairman Petri, 
     Ranking Member Costello: The Association of Air Medical 
     Services (AAMS) greatly appreciates your efforts to enact an 
     overdue, long-term reauthorization of the Federal Aviation 
     Administration (FAA). We are also appreciative of your 
     comprehensive efforts to address the safety concerns of the 
     air medical industry within the reauthorization legislation.
       Like others in the air medical industry, AAMS is committed 
     to efforts to improve the safety infrastructure for air 
     medical providers, crews, and the patients they serve. Your 
     bill contains a number of provisions that address rapidly-
     emerging technology and other practices that will surely 
     benefit the industry's efforts for increased safety.
       As you know, the FAA has been operating without a long-term 
     authorization since 2007. The uncertainty of operating 
     without a long-term authorization makes it difficult for the 
     FAA to move forward with badly needed investments to improve 
     the aviation infrastructure, and in particular the low-
     altitude infrastructure. As such, it is critical the FAA 
     reauthorization process is completed as quickly as possible. 
     AAMS urges the House to act on FAA reauthorization as soon as 
     possible so that the process can expeditiously move toward 
     completion and bring long-needed stability to FAA operations.
       Again, thank you for your efforts on this important issue. 
     As always, please do not hesitate to call upon AAMS if we can 
     be of further assistance.
           Sincerely,
                                            Daniel G. Hankins, MD,
                                                        President.
                                                     Dawn Mancuso,
     Executive Director/CEO.
                                  ____

                                                   March 30, 2011.
       As proponents of safe and reliable lithium battery 
     transportation regulations, we urge you to support language 
     in the Mica Manager's Amendment to H.R. 658, which would 
     ensure that U.S. regulations governing air shipments of 
     lithium batteries and products containing them conform to 
     international standards established by the International 
     Civil Aviation Organization (ICAO). Harmonization of these 
     regulations will enhance safety and minimize the harsh 
     economic consequences and other burdens of complying with 
     multiple or inconsistent requirements for transporting our 
     products to and from the U.S. For these reasons, we also 
     strongly oppose the Filner Amendment, which would prevent 
     harmonization.
       Over 81% of laptops, 67% of cellular phones and 69% of the 
     lithium batteries used to power these devices that are sold 
     in the U.S. are shipped by air into the U.S. All told, 
     billions of lithium and lithium battery-containing products 
     are shipped safely every year. In fact, there has not been a 
     reported incident in transportation involving such a battery 
     or battery-powered product that was packaged in accordance 
     with the ICAO regulations.
       These batteries and products containing them are used in 
     various forms in nearly every aspect of our lives. We depend 
     on them in our jobs, personal lives, and for life-saving 
     medical procedures. Moreover, the U.S. military uses a 
     significant number of lithium battery-powered products to 
     train soldiers at home and in battlefield operations abroad. 
     Some everyday use products that contain lithium batteries 
     include laptops, cellular phones, portable music/video 
     devices, navigation/GPS systems, cameras, smoke/security 
     alarms and power tools. In addition, a number of life-saving 
     and life-enhancing medical devices are powered by these 
     batteries such as pacemakers, defibrillators, spinal cord 
     stimulators, portable oxygen concentrators and blood glucose 
     monitors.
       Unfortunately, the Department of Transportation (DOT) has 
     published a proposed rulemaking that would require consumer-
     type lithium batteries and products containing them to be 
     shipped as fully-regulated hazardous materials when shipped 
     by air as cargo. We also understand DOT has drafted a second 
     lithium battery rulemaking that may be published later this 
     year. Our coalition believes that DOT's proposed rule on 
     lithium batteries far exceeds what is necessary to achieve 
     safety benefits and will impose drastic costs on consumers, 
     retailers, and manufacturers of batteries, electronic 
     equipment and medical devices. If DOT is allowed to move 
     forward with their rulemakings, the following consequences 
     would likely ensue:
       $1.1 billion impact on industry in the first year of 
     implementation
       Advantage foreign businesses over U.S. businesses
       Delays in shipping lithium batteries and equipment needed 
     by our military
       U.S. consumers will be forced to pay higher prices for 
     consumer electronics and countless other devices that rely on 
     safe lithium batteries for their power source
       Severe supply chain disruptions and delays as well as 
     untold job loss
       Delays in shipping life-saving medical equipment and 
     increased medical costs
       Re-routing of trade to other countries to avoid complying 
     with onerous new U.S. regulations
       Create safety concerns regarding confusion over which rules 
     apply when shipping lithium battery products
       As our nation works to climb out of an economic downturn, 
     these anticipated consequences are unacceptable for 
     manufacturers, technology innovators, retailers, medical-
     device manufacturers, air carriers and other impacted 
     industries. The solution, and the best way to promote safety, 
     is to harmonize U.S. regulations with the ICAO regulations. 
     Again, we urge you to support the Mica Manager's Amendment to 
     H.R. 658 and oppose the Filner Amendment's attempt to prevent 
     harmonization.

       AdvaMed, Airforwarders Association, Air Transport 
     Association, Association of Home

[[Page 4911]]

     Appliance Manufacturers, AT&T, Boston Scientific, Cargo 
     Airline Association, Consumer Electronics Association, 
     Consumer Electronics Retailers Coalition, CTIA--The Wireless 
     Association, Dangerous Goods Advisory Council, DHL, Express 
     Association of America, FedEx Corporation, Garmin, Hewlett-
     Packard, International Air Transport Association.
       Information Technology Industry Council, Johnson Controls, 
     Motorola Mobility, Motorola Solutions, National Association 
     of Manufacturers, National Electrical Manufacturers 
     Association, National Retail Federation, Power Tool 
     Institute, PRBA--The Rechargeable Battery Association, Retail 
     Industry Leaders Association, Samsung SDI, Security Industry 
     Association, Sony, UPS, U.S. Chamber of Commerce, The 
     International Air Cargo Association.

  Mr. GINGREY of Georgia. Mr. Chairman, I yield the balance of my time 
to the gentleman from Indiana (Mr. Rokita).
  The Acting CHAIR. The gentleman from Indiana is recognized for 2\1/4\ 
minutes.
  Mr. ROKITA. Mr. Chairman, I would like to thank the gentleman from 
Georgia, Dr. Gingrey, for yielding me the time.
  The highest honor and privilege of my professional career so far has, 
with all due respect, not been in this Chamber but was the 8 years that 
I served as Indiana's secretary of State. I have run a government 
agency. We run it on 1987 dollars, unadjusted for inflation. The 
secretary of State's office in Indiana right now spends no more money 
than it did in 1987--again, unadjusted for inflation. We had no more 
employees than we did in 1982. From that experience, I can say the 
worst thing you can do for government efficiency, if you really are 
interested in serving the people, is to have your employees distracted 
by anything else but the people's business.
  The scope of this problem at the Federal level I find absolutely 
stunning. According to the Office of Policy Management, in 2008 the 
Federal workers were paid 2.9 million hours spent on union business. 
Let me say that again. We pay, as American taxpayers, for 2.9 million 
hours of union negotiations. That means we have spent $120 million for 
people to negotiate for a different or better job, not for them to even 
do their actual job.
  Certain union representatives at the FAA are allowed to spend 80 
hours each pay period doing union business, not the work of the people 
of this Nation. Last time I checked, that's 2-weeks' worth of work the 
entire pay period. So a union representative could spend each year 
being paid by the taxpayers and only working on union business. How is 
that fair to the American taxpayers, Mr. Chairman, who are footing this 
bill? This must stop.
  In case the Members here haven't heard, this country is broke. We are 
borrowing money at a record pace and assigning the bill to our children 
and grandchildren, Mr. Chairman. We simply cannot continue to waste 
taxpayer dollars on work that benefits only a chosen few.
  Please support this amendment, I urge my colleagues. Put money back 
into the pockets of American families, and let union negotiators work 
on their own time.
  Mr. COSTELLO. Mr. Chairman, I rise in opposition to the amendment, 
and yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Gingrey).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. COSTELLO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 112-46 on 
which further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Mica of Florida.
  Amendment No. 7 by Mr. Garrett of New Jersey.
  Amendment No. 9 by Mr. DeFazio of Oregon.
  Amendment No. 10 by Ms. Hirono of Hawaii.
  Amendment No. 17 by Mr. Capuano of Massachusetts.
  Amendment No. 18 by Mr. Gingrey of Georgia.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


                  Amendment No. 1 Offered by Mr. Mica

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Florida 
(Mr. Mica) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 251, 
noes 168, not voting 13, as follows:

                             [Roll No. 207]

                               AYES--251

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Cuellar
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gardner
     Garrett
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kissell
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Meeks
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Polis
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ruppersberger
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--168

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette

[[Page 4912]]


     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Peters
     Pingree (ME)
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Woolsey
     Wu

                             NOT VOTING--13

     Barton (TX)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Moran
     Pelosi
     Perlmutter
     Richmond
     Wilson (FL)
     Yarmuth

                              {time}  1848

  Ms. ZOE LOFGREN of California and Mr. HOLDEN changed their vote from 
``aye'' to ``no.''
  Messrs. POLIS and ROSS of Arkansas changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. WILSON of Florida. Mr. Chair, on rollcall No. 207, had I been 
present, I would have voted ``no.''


                 Amendment No. 7 Offered by Mr. Garrett

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Jersey 
(Mr. Garrett) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 120, 
noes 303, not voting 9, as follows:

                             [Roll No. 208]

                               AYES--120

     Altmire
     Andrews
     Baca
     Baldwin
     Bartlett
     Bass (CA)
     Becerra
     Berman
     Boren
     Brady (PA)
     Braley (IA)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Coffman (CO)
     Connolly (VA)
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     DeLauro
     Dingell
     Ellison
     Engel
     Eshoo
     Farr
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Garrett
     Gibson
     Gohmert
     Gonzalez
     Grijalva
     Gutierrez
     Hanabusa
     Harris
     Hayworth
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jordan
     Kaptur
     Keating
     Kildee
     Kind
     King (IA)
     Kissell
     Kucinich
     Lance
     Langevin
     Larson (CT)
     Lee (CA)
     Lofgren, Zoe
     Lujan
     Lynch
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCotter
     McDermott
     McNerney
     Meehan
     Miller (NC)
     Miller, George
     Mulvaney
     Murphy (CT)
     Nunes
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Payne
     Peters
     Pingree (ME)
     Pitts
     Polis
     Reyes
     Ribble
     Roskam
     Rothman (NJ)
     Ruppersberger
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Schakowsky
     Schweikert
     Scott (VA)
     Sewell
     Sires
     Slaughter
     Speier
     Thompson (CA)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walsh (IL)
     Watt
     Wilson (FL)
     Woolsey
     Wu

                               NOES--303

     Ackerman
     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Barrow
     Bass (NH)
     Benishek
     Berg
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Blumenauer
     Bonner
     Bono Mack
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Cardoza
     Carson (IN)
     Carter
     Cassidy
     Castor (FL)
     Chabot
     Chaffetz
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cravaack
     Crawford
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Davis (KY)
     DeFazio
     Denham
     Dent
     DesJarlais
     Deutch
     Diaz-Balart
     Dicks
     Doggett
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Edwards
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gardner
     Gibbs
     Gingrey (GA)
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Heck
     Heinrich
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Inslee
     Israel
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Kelly
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maloney
     Manzullo
     Marchant
     Marino
     Markey
     Matheson
     McCaul
     McClintock
     McCollum
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore
     Moran
     Murphy (PA)
     Myrick
     Nadler
     Napolitano
     Neal
     Neugebauer
     Noem
     Nugent
     Nunnelee
     Olson
     Olver
     Owens
     Palazzo
     Paulsen
     Pearce
     Pence
     Perlmutter
     Peterson
     Petri
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Price (NC)
     Quayle
     Quigley
     Rahall
     Rangel
     Reed
     Rehberg
     Reichert
     Renacci
     Richardson
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Ross (AR)
     Ross (FL)
     Roybal-Allard
     Royce
     Runyan
     Rush
     Ryan (OH)
     Sarbanes
     Scalise
     Schiff
     Schilling
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Stark
     Stearns
     Stivers
     Stutzman
     Sullivan
     Sutton
     Terry
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Visclosky
     Walberg
     Walden
     Walz (MN)
     Wasserman Schultz
     Waters
     Waxman
     Webster
     Weiner
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--9

     Barton (TX)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Pelosi
     Richmond


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Thirty seconds remain in this 
vote.

                              {time}  1856

  Mrs. NAPOLITANO, Ms. BROWN of Florida, Ms. RICHARDSON, and Messrs. 
RANGEL, WAXMAN, and RUSH changed their vote from ``aye'' to ``no.''
  Ms. SLAUGHTER and Mr. CICILLINE changed their vote from ``no'' to 
``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. MARKEY. Mr. Chair, during rollcall vote number 208 on H.R. 658, 
on the Garrett of NJ amendment, I mistakenly recorded my vote as ``no'' 
when I should have voted ``yes.''


                 Amendment No. 9 Offered by Mr. DeFazio

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Oregon 
(Mr. DeFazio) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.

[[Page 4913]]

  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 161, 
noes 263, not voting 8, as follows:

                             [Roll No. 209]

                               AYES--161

     Ackerman
     Altmire
     Andrews
     Baldwin
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Cleaver
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Edwards
     Ellison
     Engel
     Eshoo
     Filner
     Fudge
     Garamendi
     Green, Al
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Mack
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McGovern
     McNerney
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Murphy (PA)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Poe (TX)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richardson
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Wu

                               NOES--263

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Baca
     Bachmann
     Bachus
     Barletta
     Barrow
     Bartlett
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Butterfield
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Castor (FL)
     Chabot
     Chaffetz
     Chandler
     Clay
     Clyburn
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Farr
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Gardner
     Garrett
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Gene
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McDermott
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Meeks
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Pastor (AZ)
     Paul
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Reyes
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (OH)
     Ryan (WI)
     Sanchez, Loretta
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Watt
     Webster
     Weiner
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--8

     Barton (TX)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Richmond


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 30 seconds remaining in 
this vote.

                              {time}  1900

  Messrs. RUSH and CONYERS changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Mr. LOEBSACK. Mr. Chair, I mistakenly cast my vote on this measure as 
a ``no'' vote. I intended to cast an ``aye'' vote on this measure.


                 Amendment No. 10 Offered by Ms. Hirono

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Hawaii 
(Ms. Hirono) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 174, 
noes 241, not voting 17, as follows:


                             [Roll No. 210]

                               AYES--174

     Ackerman
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Myrick
     Nadler
     Napolitano
     Neal
     Olver
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Reyes
     Richardson
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Weiner
     Welch
     Wilson (FL)
     Woolsey
     Wu
     Yarmuth

[[Page 4914]]



                               NOES--241

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Bass (NH)
     Benishek
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Cardoza
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gardner
     Garrett
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--17

     Barton (TX)
     Berg
     Bishop (GA)
     Brady (TX)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Herrera Beutler
     Kinzinger (IL)
     Rangel
     Richmond
     Rooney
     Sanchez, Linda T.
     Waxman


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 30 seconds remaining in 
this vote.

                              {time}  1903

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 17 Offered by Mr. Capuano

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Capuano) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 235, not voting 10, as follows:

                             [Roll No. 211]

                               AYES--187

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono Mack
     Boren
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Cassidy
     Castor (FL)
     Chabot
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Griffith (VA)
     Grijalva
     Gutierrez
     Hanabusa
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Pitts
     Platts
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rohrabacher
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Serrano
     Sewell
     Sherman
     Shuler
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Whitfield
     Wilson (FL)
     Wittman
     Woolsey
     Wu
     Yarmuth
     Young (IN)

                               NOES--235

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Carter
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gardner
     Garrett
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Green, Al
     Green, Gene
     Griffin (AR)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Holt
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, E. B.
     Johnson, Sam
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Meeks
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Rothman (NJ)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schrader
     Schweikert
     Scott (SC)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sires
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Tonko
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Wilson (SC)
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Barton (TX)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Gosar
     Myrick
     Richmond

[[Page 4915]]




                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 30 seconds remaining in 
this vote.

                              {time}  1907

  Mr. BOREN changed his vote from ``no'' to ``aye''.
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


           Amendment No. 18 Offered by Mr. Gingrey of Georgia

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Gingrey) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 195, 
noes 227, not voting 10, as follows:

                             [Roll No. 212]

                               AYES--195

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachmann
     Bachus
     Bartlett
     Benishek
     Berg
     Bilbray
     Bilirakis
     Black
     Blackburn
     Bonner
     Bono Mack
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Calvert
     Camp
     Canseco
     Cantor
     Carney
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crenshaw
     Cuellar
     Culberson
     Denham
     DesJarlais
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Gardner
     Garrett
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Griffin (AR)
     Griffith (VA)
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Landry
     Lankford
     Latham
     Latta
     Lewis (CA)
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Mulvaney
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Poe (TX)
     Pompeo
     Price (GA)
     Quayle
     Reed
     Ribble
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Roskam
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Southerland
     Stearns
     Stutzman
     Sullivan
     Thompson (PA)
     Thornberry
     Tipton
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Young (FL)
     Young (IN)

                               NOES--227

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Barletta
     Barrow
     Bass (CA)
     Bass (NH)
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crawford
     Critz
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     DeFazio
     DeGette
     DeLauro
     Dent
     Deutch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Emerson
     Engel
     Eshoo
     Farr
     Filner
     Fitzpatrick
     Frank (MA)
     Fudge
     Garamendi
     Gibbs
     Gibson
     Gonzalez
     Graves (MO)
     Green, Al
     Green, Gene
     Grijalva
     Grimm
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Hultgren
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     King (NY)
     Kissell
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McKinley
     McNerney
     Meehan
     Meeks
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Murphy (PA)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis
     Posey
     Price (NC)
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Renacci
     Reyes
     Richardson
     Rivera
     Ros-Lehtinen
     Ross (AR)
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shimkus
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Speier
     Stark
     Stivers
     Sutton
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wilson (FL)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--10

     Barton (TX)
     Bishop (UT)
     Burton (IN)
     Campbell
     Fattah
     Frelinghuysen
     Gerlach
     Giffords
     Myrick
     Richmond

                              {time}  1911

  Mr. CHABOT and Ms. HERRERA BEUTLER changed their vote from ``no'' to 
``aye.''
  So amendment was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. BURTON of Indiana. Mr. Chair, I was unavoidably detained during 
the last series of rollcall votes. Had I been here, I would have voted 
``yea'' on rollcall vote 207 (Mica Amendment); ``nay'' on rollcall vote 
208 (Garrett Amendment); ``nay'' on rollcall vote 209 (DeFazio 
Amendment); ``nay'' on rollcall vote 210 (Hirono Amendment); ``nay'' on 
rollcall vote 211 (Capuano Amendment); and ``aye'' on rollcall vote 212 
(Gingrey Amendment).
  Mr. WOODALL. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Fleischmann) having assumed the chair, Mr. Simpson, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 658) to 
amend title 49, United States Code, to authorize appropriations for the 
Federal Aviation Administration for fiscal years 2011 through 2014, to 
streamline programs, create efficiencies, reduce waste, and improve 
aviation safety and capacity, to provide stable funding for the 
national aviation system, and for other purposes, had come to no 
resolution thereon.

                          ____________________