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

Bill Text

    Text of H.R. 658 PDF XML

    FAA Reauthorization and Reform Act of 2011(as reported)

            :: NOTE :: The Rules Committee has requested that amendments to H.R. 658 be drafted to the Rules Committee Print of the bill [PDF][XML], which includes:

                  :: Text of H.R. 658 — FAA Reauthorization and Reform Act of 2011 (as reported) 

                  :: Text of H.R. 970 — Federal Aviation Research and Development Reauthorization
                                                                   Act of 2011 (as reported) 
                  :: Text of H.R. 1034 — 
    Airport and Airway Trust Fund Financing Reauthorization
                                                                  Act of 2011 (as reported

    Text of H. Rept. 112-29 Part 1 PDF XML

    Report from the Committee on Transportation and Infrastructure

    Text of H. Rept. 112-29 Part 2 PDF XML

    Report from the Committee on Transportation and Infrastructure

Rule Information

 

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 5-4 on Wednesday, March 30, 2011.

FLOOR ACTION FOR H.RES. 189: 
Adopted by record vote  of 249-171 on Thursday, March 31, 2011. 

MANAGERS: Webster/McGovern 

1. Structured rule.

2. Provides one hour of general debate with 40 minutes equally divided and controlled by the chair and ranking 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. 

3. Waives all points of order against consideration of the bill.

4. 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.  

5. Waives all points of order against the amendment in the nature of a substitute. 

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.  Provides that each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  

7. Waives all points of order against the amendments printed in the report. 

8. Provides one motion to recommit with or without instructions.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
8Version 1Capuano (MA)DemocratWould 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.Made In Order
25Version 1Cleaver (MO)DemocratWithdrawn Would clarify the criteria by which an airline qualifies as a “limited incumbent” for purposes of competing for new slots and slot exemptions at Ronald Reagan Washington National Airport (“DCA”). Would also clarify that slot exemptions do not count for purposes of qualifying as a limited incumbent. In addition slots operated under fee-for-service and slots held under a financing arrangements, where the holder/operator has no control over the use of the slots, do not count for purposes of qualifying as a limited incumbent. Withdrawn
44Version 1Crowley (NY)DemocratWould 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. Made In Order
45Version 1Crowley (NY)DemocratWould encourage the airport authorities controlling the nation’s 20 busiest airports 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.Submitted
24Version 1DeFazio (OR)DemocratWould 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.Made In Order
9Version 1Filner (CA)DemocratWithdrawn 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. Would 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.Withdrawn
18Version 1Filner (CA)DemocratWould 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.Made In Order
30Version 1Flake, Jeff (AZ)RepublicanWould rescind any earmark of funds provided for any federal agency with more than 90% of the appropriated amount remaining available for obligation at the end of the 9th fiscal year after it was first made available. Would require each agency head to identify and report every project that is an earmark with an unobligated balance at the end of each fiscal year to the Director of the Office of Management and Budget with reporting requirements. Submitted
31Version 1Flake, Jeff (AZ)RepublicanWould rescind any earmark of funds administered by the FAA with more than 90% of the appropriated amount remaining available for obligation at the end of the 9th fiscal year after it was first made available. Would also require the FAA head to identify and report every project that is an earmark with an unobligated balance at the end of each fiscal year to the Director of the Office of Management and Budget (OMB) with reporting requirements.Submitted
38Version 1Garrett (NJ), Himes (CT), Andrews (NJ), Engel (NY)RepublicanWould 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.Made In Order
29Version 1Gingrey (GA), Rokita (IN)RepublicanWould 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. Made In Order
1Version 2Graves (MO)RepublicanRevised Provides relief for an air show in Cleveland, Ohio from complying with certain airspace restrictions. Made In Order
12Version 1Graves (MO)RepublicanWould 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.Made In Order
33Version 2Graves (MO)RepublicanRevised Clairifies 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. Made In Order
15Version 1Hastings, Doc (WA), McMorris Rodgers (WA)RepublicanWould permit tax-exempt bonds to be used to finance the purchase of fixed-wing aircraft to provide air ambulance services. Current tax law prevents states from using tax-exempt bonds to finance new fixed-wing air ambulances while tax-exempt bonds can be used for the acquisition of medical helicopters. Submitted
26Version 1Hirono (HI)DemocratWithdrawn Would strike the current Section 308 and instead establish an Aviation Rulemaking Committee (ARC) to study and provide regulatory recommendations to the Federal Aviation Administrator regarding flight attendant fatigue. The ARC would be directed to issue a report on its findings and recommendations for regulatory action to the Federal Aviation Administrator by September 30, 2012.Withdrawn
27Version 1Hirono (HI)DemocratWould 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. Made In Order
28Version 1Hirono (HI)DemocratWould 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. Made In Order
43Version 1Jackson Lee (TX) DemocratWould strike language to repeal Section 903.Submitted
48Version 1Jackson Lee (TX) DemocratWould require a minimum of three on duty air traffic controllers. Made In Order
5Version 1Kline, John (MN)RepublicanWithdrawn Would include Sense of Congress language that the Federal Aviation Administration (FAA) should make every effort to ensure that any changes to flight crew member duty and rest requirements fully consider the impact on the Department of Defense (DOD). The amendment also states that Congress believes the FAA Administrator should consult with DOD to develop guidelines that address not only crew fatigue, but also enhance safety while minimizing the impact on the mission of the United States Transportation Command and DOD.Withdrawn
3Version 1LaTourette (OH), Costello (IL)RepublicanWould 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. Made In Order
37Version 1LoBiondo (NJ)RepublicanWould 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. Made In Order
21Version 2Matheson (UT), Pearce (NM)DemocratRevised This amendment 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. Made In Order
46Version 2Mica (FL)RepublicanRevised 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.Made In Order
47Version 1Miller, Candice (MI)RepublicanWould direct the FAA to work with various federal agencies to integrate Unmanned Aerial Systems into the National Airspace System more expeditiously.Made In Order
10Version 1Moore, Gwen (WI)DemocratWould require large or medium hub airports receiving AIP funds or imposing a passenger facility charge to make information about the number of contracts made to small business concerns owned by socially and economically disadvantaged individuals, including veterans, in the previous year available to the public on an accessible website. Submitted
11Version 1Moore, Gwen (WI)DemocratWould 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. Made In Order
36Version 1Moore, Gwen (WI)DemocratWould 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.Made In Order
14Version 1Neugebauer (TX)RepublicanRevised 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.Made In Order
40Version 1Nugent (FL)RepublicanWithdrawn Would prohibit the FAA from implementing a new rule to regulate small model aircraft flown for recreational, sport, competition, or academic purposes.Withdrawn
13Version 1Pearce (NM)RepublicanWould 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. Made In Order
20Version 1Pierluisi (PR)DemocratWould 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.Made In Order
39Version 1Pierluisi (PR)DemocratWould ensure that airports in Puerto Rico are apportioned amounts under the Airport Improvement Program (AIP), while also remaining eligible for discretionary grants under the Program. Made In Order
22Version 1Richardson (CA)DemocratWould 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.Made In Order
23Version 1Rohrabacher (CA)RepublicanWithdrawn Would change the date that the Secretary of Transportation can create new regulations to protect the health and safety of crew and space flight participants on board commercial space launch vehicles from December 31, 2012 until eight years after such flights begin.Withdrawn
17Version 1Rothman (NJ)DemocratWould ensure local control of weight restrictions that have been in place since 1967 at Teterboro Airport, located in Teterboro, New Jersey.Made In Order
19Version 1Schiff (CA), Sherman (CA), Berman (CA)DemocratWould 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. Made In Order
4Version 1Schweikert (AZ)RepublicanWould 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.Made In Order
41Version 1Sessions (TX)RepublicanWould prevent any funds from this act to be used to administer or enforce Davis Bacon.Made In Order
6Version 1Shuster (PA)RepublicanWould 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.Made In Order
7Version 1Shuster (PA)RepublicanWithdrawn Would eliminate the sunset of the Essential Air Service (EAS) program in the underlying bill, and freezes funding for the EAS program at FY2010 levels for the life of the bill.Withdrawn
16Version 1Thompson, Glenn (PA), Welch (VT), Thompson, Mike (CA)RepublicanWithdrawn Would strike the proposed sunset of the Essential Air Service (EAS) program and retain the current authorization levels for the EAS program. Withdrawn
32Version 1Waters (CA)DemocratWould 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. Made In Order
34Version 1Waters (CA)DemocratWould 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. Made In Order
35Version 1Waters (CA)DemocratWould replace Section 804, regarding the consolidation of FAA facilities, with the consolidation provisions included in the FAA bill that passed the House during the 111th Congress. The affect of the amendment is to require the FAA to establish a stakeholder working group on the consolidation of FAA facilities and prohibit consolidation until the working group completes its report. Submitted
2Version 1Waxman (CA)DemocratWould 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.Made In Order
42Version 1Woodall (GA)RepublicanWould 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.Made In Order