132 
discovered if there was not a program, and if a 
violation is disclosed voluntarily, whether the 
FAA insists on stronger corrective actions than 
would have occurred if the regulated entity knew 
of a violation, but FAA did not; 
(C) the information the FAA gets under the 
program leads to fewer violations by other enti-
ties, either because the information leads other 
entities to look for similar violations or because 
the information leads FAA investigators to look 
for similar violations at other entities; and 
(D) there is any evidence that voluntary 
disclosure has improved compliance with regula-
tions, either for the entities making disclosures or 
for the industry generally. 
(3) REPORT.—Not later than one year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study conducted under this section. 
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133 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
SEC. 401. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by add-
ing at the end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall 
require an air carrier referred to in paragraph (2) to 
file with the Secretary a monthly report on each flight 
of the air carrier that is diverted from its scheduled 
destination to another airport and each flight of the 
air carrier that departs the gate at the airport at 
which the flight originates but is cancelled before 
wheels-off time. 
‘‘(2) APPLICABILITY.—An air carrier that is re-
quired to file a monthly airline service quality per-
formance report under subsection (b) shall be subject 
to the requirement of paragraph (1). 
‘‘(3) CONTENTS.—A monthly report filed by an 
air carrier under paragraph (1) shall include, at a 
minimum, the following information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted 
flight; 
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‘‘(ii) the scheduled destination of the 
flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight 
was diverted; 
‘‘(v) wheels-on time at the diverted air-
port; 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and 
‘‘(vii) if the flight arrives at the sched-
uled destination airport— 
‘‘(I) the gate-departure time at the 
diverted airport; 
‘‘(II) the wheels-off time at the di-
verted airport; 
‘‘(III) the wheels-on time at the 
scheduled arrival airport; and 
‘‘(IV) the gate arrival time at the 
scheduled arrival airport. 
‘‘(B) For flights cancelled after gate depar-
ture— 
‘‘(i) the flight number of the cancelled 
flight; 
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135 
‘‘(ii) the scheduled origin and destina-
tion airports of the cancelled flight; 
‘‘(iii) the date and time of the can-
celled flight; 
‘‘(iv) the gate-departure time of the 
cancelled flight; and 
‘‘(v) the time the aircraft returned to 
the gate. 
‘‘(4) PUBLICATION.—The Secretary shall compile 
the information provided in the monthly reports filed 
pursuant to paragraph (1) in a single monthly report 
and publish such report on the website of the Depart-
ment of Transportation.’’. 
(b) EFFECTIVE DATE.—The Secretary of Transpor-
tation shall require monthly reports pursuant to the amend-
ment made by subsection (a) beginning not later than 90 
days after the date of enactment of this Act. 
SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIR-
PORT. 
(a) 
BEYOND
PERIMETER
EXEMPTIONS.—Section 
41718(a) is amended by striking ‘‘24’’ and inserting ‘‘34’’. 
(b) LIMITATIONS.—Section 41718(c)(2) is amended by 
striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 
(c) ALLOCATION
OF
BEYOND-PERIMETER
EXEMP-
TIONS.—Section 41718(c) is amended— 
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(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SLOTS.—The Administrator of the Federal 
Aviation Administration shall reduce the hourly air 
carrier slot quota for Ronald Reagan Washington Na-
tional Airport in section 93.123(a) of title 14, Code 
of Federal Regulations, by a total of 10 slots that are 
available for allocation. Such reductions shall be 
taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. 
hours, as determined by the Administrator, in order 
to grant exemptions under subsection (a).’’. 
(d) SCHEDULING PRIORITY.—Section 41718 is amend-
ed— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be afforded a scheduling priority over operations 
conducted by other air carriers granted exemptions pursu-
ant to this section, with the highest scheduling priority to 
be afforded to beyond-perimeter operations conducted by 
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137 
new entrant air carriers and limited incumbent air car-
riers.’’. 
SEC. 403. EAS CONTRACT GUIDELINES. 
(a) 
COMPENSATION
GUIDELINES.—Section 
41737(a)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) in subparagraph (C) by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) include provisions under which the Sec-
retary may encourage an air carrier to improve air 
service for which compensation is being paid under 
this subchapter by incorporating financial incentives 
in an essential air service contract based on specified 
performance goals, including goals related to improv-
ing on-time performance, reducing the number of 
flight cancellations, establishing reasonable fares (in-
cluding joint fares beyond the hub airport), estab-
lishing convenient connections to flights providing 
service beyond hub airports, and increasing mar-
keting efforts; and 
‘‘(E) include provisions under which the Sec-
retary may execute a long-term essential air service 
contract to encourage an air carrier to provide air 
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138 
service to an eligible place if it would be in the public 
interest to do so.’’. 
(b) DEADLINE
FOR ISSUANCE
OF REVISED GUID-
ANCE.—Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue re-
vised guidelines governing the rate of compensation payable 
under subchapter II of chapter 417 of title 49, United States 
Code, that incorporate the amendments made by subsection 
(a). 
(c) REPORT.—Not later than 2 years after the date of 
issuance of revised guidelines pursuant to subsection (b), 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the extent to which the 
revised guidelines have been implemented and the impact, 
if any, such implementation has had on air carrier per-
formance and community satisfaction with air service for 
which compensation is being paid under subchapter II of 
chapter 417 of title 49, United States Code. 
SEC. 404. ESSENTIAL AIR SERVICE REFORM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
41742(a)(2) of title 49, United States Code, is amended by 
striking 
‘‘there 
is 
authorized 
to 
be 
appropriated 
$77,000,000’’ and inserting ‘‘there is authorized to be ap-
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propriated out of the Airport and Airway Trust Fund 
$150,000,000’’. 
(b) DISTRIBUTION OF EXCESS FUNDS.— 
(1) IN GENERAL.—Section 41742(a) is amended 
by adding at the end the following: 
‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the 
funds, if any, credited to the account established 
under section 45303 in a fiscal year that exceed the 
$50,000,000 made available for such fiscal year under 
paragraph (1)— 
‘‘(A) one-half shall be made available imme-
diately for obligation and expenditure to carry 
out section 41743; and 
‘‘(B) one-half shall be made available imme-
diately for obligation and expenditure to carry 
out subsection (b).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
41742(b) is amended— 
(A) in the first sentence by striking ‘‘mon-
eys credited’’ and all that follows before ‘‘shall be 
used’’ and inserting ‘‘amounts made available 
under subsection (a)(4)(B)’’; and 
(B) in the second sentence by striking ‘‘any 
amounts from those fees’’ and inserting ‘‘any of 
such amounts’’. 
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140 
SEC. 405. SMALL COMMUNITY AIR SERVICE. 
(a) PRIORITIES.—Section 41743(c)(5) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) in subparagraph (E) by striking ‘‘fashion.’’ 
and inserting ‘‘fashion; and’’; and 
(3) by adding at the end the following: 
‘‘(F) multiple communities cooperate to sub-
mit a regional or multistate application to im-
prove air service.’’. 
(b) 
EXTENSION
OF
AUTHORIZATION.—Section 
41743(e)(2) is amended by striking ‘‘2009’’ and inserting 
‘‘2012’’. 
SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—AIR PASSENGER SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION
OF AIR CARRIER
AND AIRPORT 
PLANS.—Not later than 90 days after the date of enactment 
of this section, each air carrier providing covered air trans-
portation at a large hub airport or medium hub airport 
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and each operator of a large hub airport or medium hub 
airport shall submit to the Secretary of Transportation for 
review and approval an emergency contingency plan in ac-
cordance with the requirements of this section. 
‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In 
this section, the term ‘covered air transportation’ means 
scheduled passenger air transportation provided by an air 
carrier using aircraft with more than 30 seats. 
‘‘(c) AIR CARRIER PLANS.— 
‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air 
carrier shall submit an emergency contingency plan 
under subsection (a) for— 
‘‘(A) each large hub airport and medium 
hub airport at which the carrier provides covered 
air transportation; and 
‘‘(B) each large hub airport and medium 
hub airport at which the carrier has flights for 
which it has primary responsibility for inven-
tory control. 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
air carrier will— 
‘‘(A) provide food, water that meets the 
standards of the Safe Drinking Water Act (42 
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U.S.C. 300f et seq.), restroom facilities, cabin 
ventilation, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal; 
‘‘(B) allow passengers to deplane following 
excessive delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
‘‘(d) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection (a) 
shall contain— 
‘‘(1) a description of how the airport operator, to 
the maximum extent practicable, will provide for the 
deplanement of passengers following excessive delays 
and will provide for the sharing of facilities and 
make gates available at the airport in an emergency; 
and 
‘‘(2) in the case of an airport that is used by an 
air carrier or foreign air carrier for flights in foreign 
air transportation, a description of how the airport 
operator will provide for use of the airport’s terminal, 
to the maximum extent practicable, for the processing 
of passengers arriving at the airport on such a flight 
in the case of an excessive tarmac delay. 
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‘‘(e) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall up-
date the emergency contingency plan submitted by the 
air carrier under subsection (a) every 3 years and 
submit the update to the Secretary for review and ap-
proval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by the 
airport operator under subsection (a) every 5 years 
and submit the update to the Secretary for review 
and approval. 
‘‘(f) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 9 months 
after the date of enactment of this section, the Sec-
retary shall review and approve or require modifica-
tions to emergency contingency plans submitted under 
subsection (a) and updates submitted under sub-
section (e) to ensure that the plans and updates will 
effectively address emergencies and provide for the 
health and safety of passengers. 
‘‘(2) CIVIL PENALTIES.—The Secretary may as-
sess a civil penalty under section 46301 against an 
air carrier or airport that does not adhere to an 
emergency contingency plan approved under this sub-
section. 
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