HR 658

112th CONGRESS
1st Session

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.

IN THE HOUSE OF REPRESENTATIVES

February 11, 2011

Mr. MICA (for himself, Mr. PETRI, Mr. HULTGREN, Mr. YOUNG of Alaska, Mr. GRAVES of Missouri, Mr. LONG, Mr. MEEHAN, Mr. HANNA, Mr. SOUTHERLAND, Mr. WESTMORELAND, Mr. GIBBS, Mr. BUCSHON, Mr. COHEN, Mrs. CAPITO, Mr. DENHAM, Mr. BARLETTA, Mr. FARENTHOLD, Mr. REED, Mr. COBLE, Mr. LANKFORD, Mr. SHUSTER, and Mr. GARY G. MILLER of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

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.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--AUTHORIZATIONS

Subtitle A--Funding of FAA Programs

Subtitle B--Passenger Facility Charges

Subtitle C--Fees for FAA Services

Subtitle D--Airport Improvement Program Modifications

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

TITLE III--SAFETY

Subtitle A--General Provisions

Subtitle B--Unmanned Aircraft Systems

Subtitle C--Safety and Protections

TITLE IV--AIR SERVICE IMPROVEMENTS

Subtitle A--Essential Air Service

Subtitle B--Passenger Air Service Improvements

TITLE V--ENVIRONMENTAL STREAMLINING

TITLE VI--FAA EMPLOYEES AND ORGANIZATION

TITLE VII--AVIATION INSURANCE

TITLE VIII--MISCELLANEOUS

TITLE IX--NATIONAL MEDIATION BOARD

TITLE X--COMMERCIAL SPACE TRANSPORTATION

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. 48103. 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.

`Sec. 48105. Airport programs administrative expenses

Subtitle B--Passenger Facility Charges

SEC. 111. PASSENGER FACILITY CHARGES.

SEC. 112. AIRPORT ACCESS FLEXIBILITY PROGRAM.

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

Subtitle C--Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

SEC. 122. REGISTRATION FEES.

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

Subtitle D--Airport Improvement Program Modifications

SEC. 131. AIRPORT MASTER PLANS.

SEC. 132. AIP DEFINITIONS.

SEC. 133. RECYCLING PLANS FOR AIRPORTS.

SEC. 134. CONTENTS OF COMPETITION PLANS.

SEC. 135. GRANT ASSURANCES.

SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION AIRPORTS.

SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.

SEC. 138. ALLOWABLE PROJECT COSTS.

SEC. 139. VETERANS' PREFERENCE.

SEC. 140. STANDARDIZING CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES.

SEC. 141. SPECIAL APPORTIONMENT RULES.

SEC. 142. APPORTIONMENTS.

SEC. 143. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

SEC. 144. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

SEC. 145. CONTRACT TOWER PROGRAM.

SEC. 146. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.

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

SEC. 147. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.

SEC. 148. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.

SEC. 149. MIDWAY ISLAND AIRPORT.

SEC. 150. MISCELLANEOUS AMENDMENTS.

SEC. 151. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

SEC. 152. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER STATES.

SEC. 153. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.

SEC. 154. TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT TO AIRPORT SPONSORS.

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

SEC. 155. 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. 44730. Helicopter air ambulance operations

`Sec. 44731. Collection of data on helicopter 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. 44733. Use of electronic devices on flight deck

SEC. 315. NONCERTIFICATED MAINTENANCE PROVIDERS.

SEC. 316. INSPECTION OF FOREIGN REPAIR STATIONS.

`Sec. 44734. 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.

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.

`Sec. 41749. Sunset

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. 41724. Musical instruments

SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS.

`CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS

`Sec. 42301. Emergency contingency plans

`Sec. 42302. Consumer complaints

`Sec. 42303. Use of insecticides in passenger aircraft

42301'.

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.

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. 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.

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. 40130. 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. 44518. 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.

TITLE IX--NATIONAL MEDIATION BOARD

SEC. 901. AUTHORITY OF INSPECTOR GENERAL.

`AUTHORITY OF INSPECTOR GENERAL

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

`EVALUATION AND AUDIT OF MEDIATION BOARD

SEC. 903. REPEAL OF RULE.

TITLE X--COMMERCIAL SPACE TRANSPORTATION

SEC. 1001. SPACE FLIGHT PASSENGERS.

END