[House Report 112-46]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-46
======================================================================
PROVIDING FOR 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
_______
March 30, 2011.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Webster, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 189]
The Committee on Rules, having had under consideration
House Resolution 189, by a record vote of 5 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 658, the
FAA Reauthorization and Reform Act of 2011 under a structured
rule. The resolution provides one hour of general debate 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 resolution waives all points
of order against consideration of the bill. The resolution
provides that in lieu of the amendment in the nature of a
substitute recommended by the Committee on Transportation and
Infrastructure now printed in the bill, it shall be in order to
consider as an original bill for the purpose of amendment under
the five-minute rule an 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 resolution waives all points of order
against the amendment in the nature of a substitute. The
resolution makes in order only those amendments printed in this
report. Each such amendment may be offered only in the order
printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. All points of order against the
amendments printed in this report are waived. Finally, the
resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic.
The waiver of all points of order against the Rules
Committee Print of H.R. 658 dated March 22, 2011 includes a
waiver of clause 5(a) of rule XXI, prohibiting the
consideration of a tax or tariff measure in an amendment to a
bill not reported by a committee having jurisdiction over tax
or tariff measures. The waiver of all points of order against
the Rules Committee Print also includes a waiver of clause 7 of
rule XVI, prohibiting the consideration of non-germane
measures. Both waivers are necessary, because the Rules
Committee Print incorporates the text of H.R. 970 as ordered
reported by the Committee on Science, Space, and Technology and
the text of H.R. 1034 as ordered reported by the Committee on
Ways and Means.
Although the resolution waives all points of order against
the amendment printed in this report, the Committee is not
aware of any points of order against the amendments. The waiver
of all points or order against the amendments is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 58
Motion by Mr. McGovern to report an open rule. Defeated: 4-
5
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Scott of South Carolina..................... Nay Mr. Hastings of Florida........... Yea
Mr. Webster..................................... Nay Mr. Polis......................... Yea
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 59
Motion by Mr. Woodall to report the rule. Adopted: 5-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Scott of South Carolina..................... Yea Mr. Hastings of Florida........... Nay
Mr. Webster..................................... Yea Mr. Polis......................... Nay
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Mica (FL): Would make technical corrections to
provisions in the underlying bill, including those related to
Residential Through-the-Fence Agreements, ADS-B Readiness
Verification, Stage II aircraft noise requirements, Unmanned
Aircraft Systems, musical instruments aboard aircraft, and FAA
access to criminal records databases. The Amendment also
contains provisions regarding public-private partnerships to
advance NextGen, protections for voluntary safety data
submissions, the European Union Emissions Trading Scheme, the
regulation of lithium batteries, agreements at airports for new
revenue, liability protections for volunteer pilot
organizations, privacy protections for airspace users, FAA
contract evaluation considerations, a review of airports'
ability to respond to catastrophic flooding, and an extension
of the FAA's commercial space regulation authority. (10
minutes)
2. Waters (CA): Would require airport operators, as a
condition for receiving grants under the Airport Improvement
Program, to consult with representatives of the community
surrounding the airport regarding airport operations and their
impact on the community. (10 minutes)
3. Pierluisi (PR): Would ensure that airports in Puerto
Rico are apportioned amounts under the Airport Improvement
Program (AlP), while also remaining eligible for discretionary
grants under the Program. (10 minutes)
4. Hirono (HI): Would exempt Hawaii's large and medium hub
airports from collecting PFCs from interisland travelers due to
the unique everyday travel circumstances the island state
presents. Would also change the formula under which Hawaii's
annual federal apportionments are reduced when the State's
large and medium hub airports collect passenger facility
charges from overseas travelers. (10 minutes)
5. Neugebauer (TX): Would direct the Administrator of the
Federal Aviation Administration to conduct a feasibility study
on the development of an online public resource that would list
the location and height of potential low-altitude aviation
obstructions, such as guy-wire and free-standing towers. Would
also give the Administrator one year to conduct the study and
report to Congress. (10 minutes)
6. LoBiondo (NJ): Would allow 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 several
university consortia to address ongoing FAA research and
development challenges. The Center would provide educational,
technical, and analytical assistance to the FAA and other
agencies involved in the development of NextGen. (10 minutes)
7. Garrett (NJ), Himes (CT), Andrews (NJ), Engel (NY):
Would require the FAA to study alternatives to the New York/New
Jersey/Philadelphia airspace redesign to reduce delays at the 4
airports included in the redesign. Would also prohibit the FAA
from continuing with the implementation of the airspace
redesign until the study is submitted to Congress. (10 minutes)
8. Filner (CA): Would restrict the carriage of primary,
non-rechargeable Lithium-metal batteries and cells on cargo
aircraft until safe packaging materials are available--and
proven to contain a fire--and the cargo aircraft is equipped
with an effective fire suppression system. The amendment will
also require cargo aircraft be equipped with smoke suppression
systems that maintain cockpit visibility sufficient to allow
the pilots to see basic flight instruments and the outside
environment at all times during emergencies when dense,
continuous smoke is in the cockpit. (10 minutes)
9. DeFazio (OR): Would require mechanics at contract repair
stations certificated by the Federal Aviation Administration in
the U.S. and in foreign countries to undergo the same criminal
background checks required for mechanics and other aviation
employees at U.S. airports. (10 minutes)
10. Hirono (HI): Would establish an Aviation Rulemaking
Committee (ARC) to study and provide regulatory recommendations
to the Federal Aviation Administrator to ensure that all
certified aircraft is properly equipped with technology that
maintains pilot visibility when dense, continuous smoke is
present in the cockpit. The ARC would be directed to complete
its work in one year and provide its recommendations to the
Administrator who must inform Congress of the recommendations
and outline what actions the agency will take on the basis of
those recommendations. (10 minutes)
11. Jackson Lee (TX): Would require a minimum of three on
duty air traffic controllers. (10 minutes)
12. Miller, Candice (MI): Would direct the FAA to work with
various federal agencies to integrate Unmanned Aerial Systems
into the National Airspace System more expeditiously. (10
minutes)
13. Woodall (GA): Would prohibit implementation by the FAA
of a new rule interpretation relating to 14 CFR 135, sections
263 and 267(d) so far as it relates to air ambulances and air
cargo charter pilot rest requirements. Sets the interpretation
of those sections at the state they were on January 1, 2011.
(10 minutes)
14. Pierluisi (PR): Would authorize the Secretary of
Transportation to continue the essential air service program in
Puerto Rico following the sunset date of October 1, 2013. The
bill authorizes continuation for Alaska and Hawaii. (10
minutes)
15. Schweikert (AZ): Would allow airlines currently
operating out of DCA to convert flights to and from large hub
airports located within the DCA perimeter to any airport
outside of the DCA perimeter. (10 minutes)
16. Richardson (CA): Would require air carriers to provide
an option for passengers to receive a notification via
electronic service if there are any changes to the status of
their flight. (10 minutes)
17. Capuano (MA): Would require greater disclosure of a
passenger's baggage fees when a fare is quoted to an airline
passenger and require refunds for baggage that is lost,
damaged, or delayed. The Secretary of Transportation would
prescribe any requirements necessary to implement the baggage
fee disclosures by ensuring that necessary information is
shared between carriers and ticket agents that have an already
existing agency appointment or contract. (10 minutes)
18. Gingrey (GA), Rokita (IN): Would prohibit FAA employees
from using official--taxpayer sponsored--time for union
activities during the official work day. It would not repeal
the right of any FAA employee to collectively bargain or
arbitrate. (10 minutes)
19. Graves (MO): Would clarify Congressional intent of 49
U.S.C. 40116(d)(2)(A)(iv) to prohibit taxes on businesses
located at an airport when such revenue is not used for airport
purposes. (10 minutes)
20. Sessions (TX): Would prevent any funds from this act to
be used to administer or enforce Davis Bacon. (10 minutes)
21. LaTourette (OH), Costello (IL): Would strike section
903. Section 903 repeals a National Mediation Board (NMB) rule,
finalized last year, which provides for union representation
elections among airline and railroad workers covered by the
Railway Labor Act. (10 minutes)
22. Graves (MO): Provides relief for an air show in
Cleveland, Ohio from complying with certain airspace
restrictions. (10 minutes)
23. Waxman (CA): Would encourage the FAA to work with the
City of Santa Monica to achieve safety improvements at Santa
Monica Airport, a general aviation facility that has no runway
safety areas. (10 minutes)
24. Shuster (PA): Would improve Federal Aviation
Administration (FAA) rulemaking activities by requiring the
Agency to recognize that the United States aviation industry is
composed of a variety of different segments with different
operating characteristics and requiring the FAA to tailor
regulations to address the unique characteristics of each
industry segment. The amendment also requires the FAA to
conduct appropriate cost/benefit studies on all proposed
regulations and only enact regulations upon a finding that the
costs are justified by the benefits. (10 minutes)
25. Moore, Gwen (WI): Would require the Inspector General
of the Department of Transportation to report to Congress on
the number of new small business concerns, including those
owned by veterans and other disadvantaged groups, that
participate in the projects carried out throughout the duration
of this reauthorization. The report would list the top 25 and
bottom 25 large and medium hub airports using such small
businesses, assess the reasons why airports have been
successful in using such small businesses, and make
recommendations to the FAA and Congress on how those successes
can be replicated. (10 minutes)
26. Graves (MO): Would prohibit the Federal Aviation
Administration from destroying vintage aircraft type
certificate data and would require such data to be made
available to the public, for non-commercial purposes, upon a
Freedom of Information Act Request. (10 minutes)
27. Pearce (NM): Would authorize an equitable transfer of
land and property (a road) between Dona Ana County in New
Mexico and Verde Corporate Realty Services. Dona Ana County
would continue to use the land for airport purposes. (10
minutes)
28. Rothman (NJ): Would ensure local control of weight
restrictions that have been in place since 1967 at Teterboro
Airport, located in Teterboro, New Jersey. (10 minutes)
29. Schiff (CA), Sherman (CA), Berman (CA): Would allow
airports that meet specific requirements--already had at least
a partial curfew in effect before the 1990 Airport Noise and
Control Act (ANCA)--to implement mandatory nighttime curfews.
Would define a nighttime curfew (10 PM to 7 AM), establishes
the process for implementing and administrating the curfew and
is not intended to open the door to any further exemptions from
ANCA. (10 minutes)
30. Matheson (UT), Pearce (NM): Would allow the Secretary
of Transportation to release any terms, conditions,
reservations, or restrictions on deeds which the United States
conveyed to an airport, city, county property for airport
purposes as long as the release results in furthering other
airport purposes. (10 minutes)
31. Waters (CA): Would include Sense of Congress language
that the operator of Los Angeles International Airport (LAX)
should consult with representatives of the community
surrounding LAX regarding LAX operations and expansion plans.
(10 minutes)
32. Moore, Gwen (WI): Would give the FAA administrator the
authority to conduct demonstration projects in support of
``aerotropolis'' zones that assist in better coordinating
transportation around airports and funding of projects to
reduce congestion, improve, and increase the flow of freight
and passengers to and through the airport through multiple
transportation modes. (10 minutes)
33. Crowley (NY): Would encourage the Port Authority of New
York and New Jersey and the Philadelphia International Airport
to undertake a part 150 noise compatibility study of the
airport and airport-related noise emanating from the airports
under their jurisdiction on the surrounding communities. (10
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Mica, John of Florida
or His Designee, Debatable for 10 Minutes
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.
(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 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,
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''.
----------
2. An Amendment To Be Offered by Representative Waters, Maxine of
California or Her Designee, Debatable for 10 Minutes
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.''.
----------
3. An Amendment To Be Offered by Resident Commissioner Pierluisi, Pedro
of Puerto Rico or His Designee, Debatable for 10 Minutes
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.''.
----------
4. An Amendment To Be Offered by Representative Hirono, Mazie of Hawaii
or Her Designee, Debatable for 10 Minutes
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.''.
----------
5. An Amendment To Be Offered by Representative Neugebauer, Randy of
Texas or His Designee, Debatable for 10 Minutes
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.
----------
6. An Amendment To Be Offered by Representative LoBiondo, Frank of New
Jersey or His Designee, Debatable for 10 Minutes
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.
----------
7. An Amendment To Be Offered by Representative Garrett, Scott of New
Jersey or His Designee, Debatable for 10 Minutes
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).
----------
8. An Amendment To Be Offered by Representative Filner, Bob of
California or His Designee, Debatable for 10 Minutes
Page 120, strike lines 10 through 18 (and redesignate
subsequent sections, and conform the table of contents,
accordingly).
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. REGULATIONS RELATING TO CERTAIN FIRE DANGERS.
(a) Primary Lithium Batteries or Cells.--Not later than one
year after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration and the Administrator of
the Pipeline and Hazardous Materials Safety Administration
shall jointly issue regulations that prohibit the
transportation of primary lithium batteries or cells by means
of a covered aircraft until such time as the Administrators--
(1) determine that there is available for use--
(A) packaging that has been proven to safely
contain a fire relating to such batteries or
cells; and
(B) an aircraft fire detection and
suppression system that has been proven to
safely detect and suppress a fire relating to
such batteries or cells; or
(2) jointly issue regulations that allow the
transportation of such batteries or cells by means of a
covered aircraft only if--
(A) the crew of the aircraft is notified of
such transportation;
(B) the aircraft is appropriately protected
from the dangers of a fire by--
(i) packaging described in paragraph
(1)(A); and
(ii) an aircraft fire detection and
suppression system described in
paragraph (1)(B); or
(C) other actions the Administrators
determine appropriate for materials treated as
hazardous are taken.
(b) Cockpit Visibility.--Not later than one year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations that require
all covered aircraft to have equipment that maintains
visibility in the cockpit, notwithstanding the presence of
dense, continuous smoke, sufficient to allow a pilot to see
basic flight instruments and the outside environment.
(c) Definitions.--In this section, the following definitions
apply:
(1) Covered aircraft.--The term ``covered aircraft''
means any aircraft involved in air transportation (as
that term is defined in section 40102(a) of title 49,
United States Code).
(2) Primary lithium battery or cell.--The term
``primary lithium battery or cell'' means a lithium
metal battery or cell that is not designed to be
electrically charged or recharged.
----------
9. An Amendment To Be Offered by Representative DeFazio, Peter of
Oregon or His Designee, Debatable for 10 Minutes
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--
``(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.''.
____________________________________________________
10. An Amendment To Be Offered by Representative Hirono, Mazie of
Hawaii or Her Designee, Debatable for 10 Minutes
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.
----------
11. An Amendment To Be Offered by Representative Jackson Lee, Sheila of
Texas or Her Designee, Debatable for 10 Minutes
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.
----------
12. An Amendment To Be Offered by Representative Miller, Candice of
Michigan or Her Designee, Debatable for 10 Minutes
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.
----------
13. An Amendment To Be Offered by Representative Woodall, Rob of
Georgia or His Designee, Debatable for 10 Minutes
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 .
(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.
----------
14. An Amendment To Be Offered by Resident Commissioner Pierluisi,
Pedro of Puerto Rico or His Designee, Debatable for 10 Minutes
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''.
----------
15. An Amendment To Be Offered by Representative Schweikert, David of
Arizona or His Designee, Debatable for 10 Minutes
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.''.
----------
16. An Amendment To Be Offered by Representative Richardson, Laura of
California or Her Designee, Debatable for 10 Minutes
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:
``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.''.
----------
17. An Amendment To Be Offered by Representative Capuano, Michael of
Massachusetts or His Designee, Debatable for 10 Minutes
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.
----------
18. An Amendment To Be Offered by Representative Gingrey, Phil of
Georgia or His Designee, Debatable for 10 Minutes
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.
----------
19. An Amendment To Be Offered by Representative Graves, Sam of
Missouri or His Designee, Debatable for 10 Minutes
Page 234, after line 1, insert the following (and redesignate
subsequent sections, and conform the table of contents,
accordingly):
SEC. 801. STATE TAXATION.
Section 40116(d)(2)(A)(iv) is amended to read as follows:
``(iv) levy or collect a tax, fee, or charge, first
taking effect after the date of enactment of the FAA
Reauthorization and Reform Act of 2011, upon any
business located at a commercial service airport or
operating as a permittee of such an airport other than
a tax, fee, or charge that is--
``(I) generally imposed on sales or services
by that jurisdiction; or
``(II) utilized for purposes specified under
section 47107(b).''.
----------
20. An Amendment To Be Offered by Representative Sessions, Pete of
Texas or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. NONAPPLICATION OF DAVIS-BACON.
None of the funds made available under this Act (or an
amendment made by this Act) may be used to administer or
enforce the wage-rate requirements of subchapter IV of chapter
31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act''), with respect
to any project or program funded under this Act (or amendment).
----------
21. An Amendment To Be Offered by Representative LaTourette, Steven of
Ohio or His Designee, Debatable for 10 Minutes
Page 259, strike line 21 and all that follows through line 2
on page 260 (and conform the table of contents accordingly).
----------
22. An Amendment To Be Offered by Representative Graves, Sam of
Missouri or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. TERMINATION OF CERTAIN RESTRICTIONS FOR BURKE LAKEFRONT
AIRPORT.
Notwithstanding section 521 of title V of division F of
Public Law 108-199 (118 Stat. 343) and any restriction in
Federal Aviation Administration Flight Data Center Notice to
Airmen 9/5151, the Administrator of the Federal Aviation
Administration may not prohibit or impose airspace restrictions
with respect to an air show or other aerial event located at
the Burke Lakefront Airport in Cleveland, Ohio, due to an event
at a stadium or other venue occurring at the same time, except
that the Administrator may prohibit any aircraft from flying
directly over the applicable stadium or other venue.
----------
23. An Amendment To Be Offered by Representative Waxman, Henry of
California or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. SANTA MONICA AIRPORT, CALIFORNIA.
It is the sense of Congress that the Administrator of the
Federal Aviation Administration should enter into good faith
discussions with the city of Santa Monica, California, to
achieve runway safety area solutions consistent with Federal
Aviation Administration design guidelines to address safety
concerns at Santa Monica Airport.
----------
24. An Amendment To Be Offered by Representative Shuster, Bill of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, insert the following:
SEC. 8__ ISSUING REGULATIONS.
Section 106(f)(3)(A) is amended--
(1) by inserting ``(i)'' before the first sentence;
and
(2) by adding at the end the following:
``(ii) Before proposing or issuing a
regulation, the Administrator shall:
``(I) Analyze the different
industry segments and tailor
any regulations to the
characteristics of each
separate segment (as determined
by the Administrator), taking
into account that the United
States aviation industry is
composed of different segments,
with differing operational
characteristics.
``(II) Perform the following
analyses for each industry
segment:
``(aa) Identify and
assess the alternative
forms of regulation
and, to the extent
feasible, specify
performance objectives,
rather than a specific
means of compliance.
``(bb) Assess the
costs and benefits and
propose or adopt a
regulation only upon a
reasoned determination
that the benefits of
the intended regulation
justify its costs.
``(cc) Ensure that
the proposed regulation
is based on the best
reasonably obtainable
scientific, technical,
and other information
relating to the need
for, and consequences
of, the regulation.
``(dd) Assess any
adverse effects on the
efficient functioning
of the economy, private
markets (including
productivity,
employment, and
competitiveness)
together with a
quantification of such
costs.''.
----------
25. An Amendment To Be Offered by Representative Moore, Gwen of
Wisconsin Or Her Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY
DISADVANTAGED SMALL BUSINESS CONCERNS.
(a) In General.--For each of fiscal years 2011 through 2014,
the Inspector General of the Department of Transportation shall
submit to Congress a report on the number of new small business
concerns owned and controlled by socially and economically
disadvantaged individuals, including those owned by veterans,
that participated in the programs and activities funded using
the amounts made available under this Act.
(b) New Small Business Concerns.--For purposes of subsection
(a), a new small business concern is a small business concern
that did not participate in the programs and activities
described in subsection (a) in a previous fiscal year.
(c) Contents.--The report shall include--
(1) a list of the top 25 and bottom 25 large and
medium hub airports in terms of providing opportunities
for small business concerns owned and controlled by
socially and economically disadvantaged individuals to
participate in the programs and activities funded using
the amounts made available under this Act;
(2) the results of an assessment, to be conducted by
the Inspector General, on the reasons why the top
airports have been successful in providing such
opportunities; and
(3) recommendations to the Administrator of the
Federal Aviation Administration and Congress on methods
for other airports to achieve results similar to those
of the top airports.
----------
26. An Amendment To Be Offered by Representative Graves, Sam of
Missouri or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. HISTORICAL AIRCRAFT DOCUMENTS.
(a) Preservation of Documents.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall take such actions as the
Administrator determines necessary to preserve original
aircraft type certificate engineering and technical
data in the possession of the Federal Aviation
Administration related to--
(A) approved aircraft type certificate
numbers ATC 1 through ATC 713; and
(B) Group-2 approved aircraft type
certificate numbers 2-1 through 2-554.
(2) Revision of order.--Not later than one year after
the date of enactment of this Act, the Administrator
shall revise FAA Order 1350.15C, Item Number 8110. Such
revision shall prohibit the destruction of the
historical aircraft documents identified in paragraph
(1).
(3) Consultation.--The Administrator may carry out
paragraph (1) in consultation with the Archivist of the
United States and the Administrator of General
Services.
(b) Availability of Documents.--
(1) Freedom of information act requests.--The
Administrator shall make the documents to be preserved
under subsection (a)(1) available to a person--
(A) upon receipt of a request made by the
person pursuant to section 552 of title 5,
United States Code; and
(B) subject to a prohibition on use of the
documents for commercial purposes.
(2) Trade secrets, commercial, and financial
information.--Section 552(b)(4) of such title shall not
apply to requests for documents to be made available
pursuant to paragraph (1).
(c) Holder of Type Certificate.--
(1) Rights of holder.--Nothing in this section shall
affect the rights of a holder or owner of a type
certificate identified in subsection (a)(1), nor
require the holder or owner to provide, surrender, or
preserve any original or duplicate engineering or
technical data to the Federal Aviation Administration,
a person, or the public.
(2) Liability.--There shall be no liability on the
part of, and no cause of action of any nature shall
arise against, a holder of a type certificate, its
authorized representative, its agents, or its
employees, or any firm, person, corporation, or insurer
related to the type certificate data and documents
identified in subsection (a)(1).
(3) Airworthiness.--Notwithstanding any other
provision of law, the holder of a type certificate
identified in subsection (a)(1) shall not be
responsible for any continued airworthiness or Federal
Aviation Administration regulatory requirements to the
type certificate data and documents identified in
subsection (a)(1).
----------
27. An Amendment To Be Offered By Representative Pearce, Stevan of New
Mexico or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. DONA ANA COUNTY, NEW MEXICO.
(a) Release From Restrictions.--Notwithstanding section 16 of
the Federal Airport Act (as in effect on August 4, 1982) or
sections 47125 and 47153 of title 49, United States Code, the
Secretary of Transportation is authorized, subject to
subsection (b), to grant releases from any of the terms,
conditions, reservations, and restrictions contained in the
deed of conveyance numbered 30-82-0048 and dated August 4,
1982, under which the United States conveyed certain land to
Dona Ana County, New Mexico, for airport purposes.
(b) Conditions.--Any release granted by the Secretary under
subsection (a) shall be subject to the following conditions:
(1) The County shall agree that in conveying any
interest in the land that the United States conveyed to
the County by the deed described in subsection (a), the
County shall receive an amount for the interest that is
equal to the fair market value.
(2) Any amount received by the County for the
conveyance shall be used by the County for the
development, improvement, operation, or maintenance of
the airport.
----------
28. An Amendment To Be Offered by Representative Rothman, Steven of New
Jersey or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.
On and after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration is
prohibited from taking actions designed to challenge or
influence weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey, except in an
emergency.
----------
29. An Amendment To Be Offered by Representative Schiff, Adam of
California or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. MANDATORY NIGHTTIME CURFEWS.
(a) In General.--Notwithstanding any other provision of law,
including any written assurances under section 47107 of title
49, United States Code, an airport sponsor may not be
prohibited from, or interfered with, implementing any of the
following:
(1) A total mandatory nighttime curfew for an airport
of the sponsor that is described in paragraph (1) of
subsection (b).
(2) A partial mandatory nighttime curfew for an
airport of the sponsor that is described in paragraph
(2) of subsection (b).
(b) Covered Airports.--
(1) Paragraph (1) airports.--An airport described in
this paragraph is an airport that--
(A) had a voluntary curfew in effect for
certain aircraft on November 5, 1990; and
(B) was created by an intergovernmental
agreement established pursuant to a State
statute enacted before November 5, 1990, that,
along with the statute, imposes obligations
with respect to noise mitigation.
(2) Paragraph (2) airports.--An airport described in
this paragraph is an airport that--
(A) had a partial curfew in effect prior to
November 5, 1990;
(B) operates under the supervision of a board
of airport commissioners that, on January 1,
2010, oversaw operation of 3 or more airports,
at least 2 of which have airport operating
certificates pursuant to part 139 of title 14,
Code of Federal Regulations; and
(C) on January 1, 2010, failed to comply with
a cumulative noise standard established by a
State law for airports in that State.
(c) Notice Requirements.--
(1) In general.--At least 90 days before implementing
a curfew under subsection (a), an airport sponsor shall
provide to airport users and other interested parties
reasonable notice of--
(A) the terms of the curfew; and
(B) the penalties for violating the curfew.
(2) Reasonable notice.--An airport sponsor shall be
treated as satisfying the requirement of providing
reasonable notice under paragraph (1) if the sponsor--
(A) includes the terms of the curfew and
penalties for violating the curfew on the
Internet Web site of the sponsor for the
applicable airport; and
(B) provides the terms of the curfew and
penalties for violating the curfew to tenants
of the sponsor who operate aircraft at the
airport, either at their leasehold or the
address provided to the airport sponsor for the
receipt of notices under their lease.
(d) Definitions.--In this section, the following definitions
apply:
(1) Total mandatory nighttime curfew.--The term
``total mandatory nighttime curfew'' means a
prohibition on all aircraft operations at an airport
each night during the 9-hour period beginning at 10
p.m.
(2) Partial mandatory nighttime curfew.--The term
``partial mandatory nighttime curfew'' means a
prohibition on certain aircraft operations at an
airport each night for not longer than the 9-hour
period beginning at 10 p.m.
----------
30. An Amendment To Be Offered by Representative Matheson, Jim of Utah
or His Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), the Secretary of
Transportation is authorized to grant to any airport, city, or
county a release from any of the terms, conditions,
reservations, or restrictions contained in a deed under which
the United States conveyed to the airport, city, or county
property for airport purposes pursuant to section 16 of the
Federal Airport Act (as in effect on August 28, 1973) or
section 23 of the Airport and Airway Development Act.
(b) Condition.--Any release granted by the Secretary of
Transportation pursuant to subsection (a) shall be subject to
the following conditions:
(1) The applicable airport, city, or county shall
agree that in conveying any interest in the property
which the United States conveyed to the airport, city,
or county, the airport, city, or county will receive an
amount for such interest that is equal to its fair
market value.
(2) Any amount received by the airport, city, or
county under paragraph (1) shall be used exclusively
for the development, improvement, operation, or
maintenance of a public airport by the airport, city,
or county.
(3) Any other conditions required by the Secretary
and in accordance with title 49, United States Code.
----------
31. An Amendment To Be Offered by Representative Waters, Maxine of
California or Her Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, insert the following
(and conform the table of contents accordingly):
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that Los Angeles World Airports,
the operator of Los Angeles International Airport (LAX)--
(1) should consult on a regular basis with
representatives of the community surrounding the
airport regarding--
(A) the ongoing operations of LAX; and
(B) plans to expand, modify, or realign LAX
facilities; and
(2) should include in such consultations any
organization, the membership of which includes at least
20 individuals who reside within 10 miles of the
airport, that notifies Los Angeles World Airports of
its desire to be included in such consultations.
----------
32. An Amendment To Be Offered by Representative Moore, Gwen of
Wisconsin or Her Designee, Debatable for 10 Minutes
Page 256, after line 9, insert the following (and conform the
table of contents accordingly):
SEC. 814. DEVELOPMENT OF AEROTROPOLIS ZONES AROUND AIRPORTS.
(a) In General.--The Administrator of the Federal Aviation
Administration may establish a program in support of the
development of aerotropolis zones around medium and large hub
airports.
(b) Demonstration Projects.--Under the program, the
Administrator may carry out demonstration projects in not more
than 5 locations. In selecting such locations, the
Administrator shall seek a mix of medium and large hub
airports.
(c) Activities.--In carrying out a project with respect to an
airport under the program, the Administrator shall undertake
activities designed to--
(1) encourage freight and passenger rail companies to
support the development of those facilities at or near
the airport to reduce congestion and improve the flow
of freight and passengers to and through the airport;
(2) reduce traffic congestion on roadways serving the
airport to improve the flow of passengers and freight
to and through the airport; and
(3) integrate airport planning and development
efforts with businesses and municipalities located near
the airport to maximize economic development
opportunities that rely on the airport as a
transportation hub.
(d) Reports.--If the Administrator decides not to carry out
demonstration projects under the program in a fiscal year, the
Administrator, on or before the last day of that fiscal year,
shall submit to Congress a report containing an explanation for
the Administrator's decision.
(e) Funding.--For each of fiscal years 2011 through 2014, the
Administrator may use amounts made available under section
106(k) of title 49, United States Code, for operations of the
Federal Aviation Administration to carry out this section.
----------
33. An Amendment To Be Offered by Representative Crowley, Joseph of New
York or His Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, insert the following
(and conform the table of contents accordingly):
SEC. 8. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that--
(1) the Port Authority of New York and New Jersey,
and the Philadelphia International Airport should
undertake an airport noise compatibility planning study
under part 150 of title 14, Code of Federal
Regulations;
(2) the Port Authority and the Philadelphia
International Airport should pay particular attention
to the compatibility of land use and impact of noise on
affected neighborhoods, including homes, schools, and
places of worship in communities surrounding LaGuardia
Airport, Newark Liberty Airport, JFK Airport, and
Philadelphia International Airport; and
(3) until such time as the Port Authority of New York
and New Jersey and the Philadelphia International
Airport completes a noise compatibility study under
part 150 of title 14, Code of Federal Regulations, and
has such study approved, the Secretary of
Transportation may incur obligations to make grants
from amounts made available under section 48104 of
title 49, United States Code.