I 
115TH CONGRESS 
1ST SESSION H. R. 2800 
To amend title 49, United States Code, to ensure improvement of air traffic 
control services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2017 
Mr. DEFAZIO (for himself, Ms. NORTON, Mr. NADLER, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. CUMMINGS, Mr. LARSEN of Washington, Mr. 
CAPUANO, Mrs. NAPOLITANO, Mr. LIPINSKI, Mr. COHEN, Mr. SIRES, Mr. 
GARAMENDI, Mr. JOHNSON of Georgia, Mr. CARSON of Indiana, Mr. 
NOLAN, Ms. TITUS, Mr. SEAN PATRICK MALONEY of New York, Ms. 
ESTY of Connecticut, Ms. FRANKEL of Florida, Mrs. BUSTOS, Mr. 
HUFFMAN, Ms. BROWNLEY of California, Ms. WILSON of Florida, Mr. 
PAYNE, Mr. LOWENTHAL, Mrs. LAWRENCE, and Mr. DESAULNIER) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
Armed Services, the Budget, and Appropriations, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 49, United States Code, to ensure improve-
ment of air traffic control services, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aviation Funding Sta-
bility Act’’. 
SEC. 2. TRUST FUND OFF BUDGET. 
(a) TRUST FUND OFF BUDGET.—Section 48114 of 
title 49, United States Code, is amended to read as fol-
lows: 
‘‘§ 48114. Trust fund off budget 
‘‘(a) AIRPORT AND AIRWAY TRUST FUND GUAR-
ANTEE.—Beginning October 1, 2017, receipts and dis-
bursements of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code 
of 1986 shall not be subject— 
‘‘(1) to any sequestration order issued under 
the Balanced Budget and Emergency Deficit Control 
Act of 1985 or any subsequent law requiring such 
sequestration; 
‘‘(2) to apportionment pursuant to section 
1513(b) of title 31, United States Code; 
‘‘(3) to appropriation and shall be authorized 
and made available immediately for obligation and 
expenditure; and 
‘‘(4) to any legal requirement, directive, or 
other provision of law of or related to the Office of 
Management and Budget. 
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‘‘(b) GENERAL
FUND
SHARE.—In addition to 
amounts made available under subsection (a), there is fur-
ther authorized to be appropriated from the general fund 
of the Treasury such sums as may be necessary for the 
Federal Aviation Administration Operations account. 
Such funds shall not be subject to any sequestration order 
issued under the Balanced Budget and Emergency Deficit 
Control Act of 1985 or any subsequent law requiring such 
sequestration. 
‘‘(c) AUTHORIZATION
TO
TRANSFER
CERTAIN 
FUNDS TO PREVENT REDUCED OPERATIONS AND STAFF-
ING.—Notwithstanding any other provision of law, within 
any fiscal year, the Administrator may transfer, to the ac-
count funding Administration operations, up to 5 percent 
of funds available for any budget activity in any other ac-
count of the Federal Aviation Administration to prevent 
reduced operations and staffing of the Federal Aviation 
Administration and to ensure a safe and efficient air 
transportation system.’’. 
(b) ESSENTIAL AIR SERVICE.—Section 41742 of title 
49, United States Code, is amended by striking paragraph 
(2) of subsection (a) and inserting the following: 
‘‘(2) ADDITIONAL FUNDS.—Beginning October 
1, 2017, from amounts deposited into the Airport 
and Airway Trust Fund, the sum of $175,000,000 
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for each fiscal year is authorized and shall be made 
available immediately, in addition to amounts made 
available under paragraph (1) and subsection (b), 
for obligation and expenditure to carry out the es-
sential air service program under this subchapter.’’. 
SEC. 3. FLEXIBILITY. 
(a) OFFICE OF MANAGEMENT AND BUDGET.—The 
Federal Aviation Administration shall be exempt from any 
order, directive, rule, or other requirement of the Office 
of Management and Budget. 
(b) OFFICE
OF
THE SECRETARY
OF TRANSPOR-
TATION.—The revisions to the procurement and personnel 
systems of the Federal Aviation Administration under sec-
tions 6(a) and 7(a) shall not be subject to approval, modi-
fication, or review by the Secretary of Transportation. 
SEC. 4. MANAGEMENT ADVISORY COUNCIL INPUT. 
(a) AIR
TRAFFIC
CONTROL
SYSTEM
PERFORM-
ANCE.—Chapter 401 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘§ 40131. Air traffic control system performance 
‘‘(a) IN GENERAL.—The Federal Aviation Manage-
ment Advisory Council established under section 106(p) 
shall, in addition to performing the responsibilities under 
such section— 
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‘‘(1) assess the performance of the air traffic 
control system and the Administrator’s policy and 
strategic decisions with respect to operation and 
modernization of the system; and 
‘‘(2) make recommendations to the Adminis-
trator to improve the system. 
‘‘(b) PUBLIC RESPONSE.—The Administrator shall 
publicly respond in writing to each recommendation of the 
Council under subsection (a). 
‘‘(c) CONTENTS.—A response by the Administrator 
under subsection (b) shall include— 
‘‘(1) a restatement of the recommendation to 
which the response is directed; 
‘‘(2) the Administrator’s analysis of the rec-
ommendation; 
‘‘(3) if the Administrator intends to implement 
the recommendation, a detailed schedule for imple-
mentation; and 
‘‘(4) if the Administrator does not concur in the 
recommendation, a statement explaining the reasons 
for such nonconcurrence. 
‘‘(d) PUBLICATION.—Not later than 90 days after 
the Administrator’s receipt of a recommendation under 
subsection (a), each response by the Administrator under 
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this section shall be posted on the internet website of the 
Federal Aviation Administration.’’. 
(b) CONFORMING AMENDMENT.—Section 106(p)(1) 
is amended by striking the period at the end and adding 
‘‘, except as provided in section 40131.’’. 
SEC. 5. AIR TRAFFIC CONTROL FACILITY MODERNIZATION 
AND SUSTAINMENT. 
(a) 
FACILITY
MODERNIZATION
AND 
SUSTAINMENT.—Chapter 481 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘§ 48115. Air traffic control facility modernization 
and sustainment 
‘‘(a) MODERNIZATION AND SUSTAINMENT.—In any 
fiscal year between 2018 and 2030, in addition to amounts 
made available under section 48101, there is further au-
thorized to be appropriated from the uncommitted balance 
of the Airport and Airway Trust Fund such sums as are 
necessary to bring any air traffic control facility of the 
Federal Aviation Administration into acceptable condition. 
‘‘(b) CONSULTATION.—Before taking any action 
under subsection (a) to modernize or sustain air traffic 
control facilities of the Federal Aviation Administration, 
the Administrator shall consult with the exclusive bar-
gaining representatives of air traffic controllers and air-
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way transportation system specialists certified under sec-
tion 7111 of title 5, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 481 of title 49, United States Code, is amended by 
inserting after the item relating to section 48114 the fol-
lowing: 
‘‘48115. Air traffic control facility modernization and sustainment.’’. 
SEC. 6. ACQUISITION REFORM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall de-
velop and implement a revised system governing all of the 
Administration’s acquisitions, including services, facilities, 
equipment, and real, personal, and intellectual property. 
(b) STREAMLINED PROCESS.—The system revised 
under subsection (a) shall take advantage of the independ-
ence already provided by Congress from all acquisition and 
acquisition-related laws to further streamline processes for 
acquisitions that substantially improve the flexibility and 
cost effectiveness of the Administration’s acquisitions 
process. Notwithstanding any other provision of law, the 
only rules, policies, and procedures that shall govern or 
affect this system are those promulgated by the Adminis-
trator. 
(c) DESIGN OF SYSTEM.—The system revised under 
subsection (a) shall, at minimum— 
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(1) account for the complexity and multiple 
stages of acquisitions of interdependent systems that 
constitute the Next Generation Air Transportation 
System; 
(2) include measures for appropriate program 
managers to verify the readiness of software-inten-
sive programs prior to acceptance; 
(3) include measures for the Administrator to 
identify and implement cost reductions across the 
Administration according to such timelines and 
metrics as the Administrator shall identify; 
(4) include measures for the Administrator to 
reliably estimate the cost of each segment with re-
spect to each acquisition, along with reliable esti-
mates of all costs that are reasonably expected to be 
incurred as a result of such acquisition; and 
(5) incorporate private-sector best practices for 
major capital investments in information technology, 
telecommunications, and other relevant systems. 
(d) EVALUATION.—In carrying out subsection (a), 
the Administrator shall ensure that any requirement or 
provision of the acquisition management system of the Ad-
ministration in effect on the day before the date of enact-
ment of this Act— 
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