Title: Aviation Funding Stability Act
Policy area: Transportation and Public Works

Summary:
Aviation Funding Stability Act
This bill requires that, beginning October 1, 2017, receipts and disbursements of the Airport and Airway Trust Fund shall not be subject to: (1) any sequestration order; (2) apportionment; (3) appropriation; and (4) any legal requirement, directive, or other provision of law of or related to the Office of Management and Budget (OMB). The bill authorizes funding for the Federal Aviation Administration Operations account. The Federal Aviation Administration (FAA) shall be exempt from any order or other requirement of the OMB.
The Federal Aviation Management Advisory Council shall assess the performance of the air traffic control system and the FAA's policy and strategic decisions regarding the system's operation and modernization, and make recommendations.
In any fiscal year between 2018 and 2030, there is authorized to be appropriated from the trust fund such sums as necessary to bring any air traffic control facility of the FAA into acceptable condition.
The FAA shall: (1) develop and implement a revised system governing all of its acquisitions, including incorporating private-sector best practices for major capital investments in information technology and telecommunications; (2) make changes to its personnel management system to improve the productivity, cost effectiveness, and technical proficiency of that part of its workforce not represented by a labor organization; (3) jointly develop a staffing standard with the exclusive bargaining representative of air traffic controllers; and (4) develop internal policies and procedures to organize personnel assignments in a manner that facilitates open communication and collaboration.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Introduced in House (IH)]

<DOC>






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) introduced 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 subsequently 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 improvement of air 
           traffic control services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Funding Stability 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 follows:
``Sec. 48114. Trust fund off budget
    ``(a) Airport and Airway Trust Fund Guarantee.--Beginning October 
1, 2017, receipts and disbursements of the Airport and Airway Trust 
Fund established 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.
    ``(b) General Fund Share.--In addition to amounts made available 
under subsection (a), there is further 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 Staffing.--Notwithstanding any other provision of law, 
within any fiscal year, the Administrator may transfer, to the account 
funding Administration operations, up to 5 percent of funds available 
for any budget activity in any other account 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 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 essential 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 Transportation.--The revisions to 
the procurement and personnel systems of the Federal Aviation 
Administration under sections 6(a) and 7(a) shall not be subject to 
approval, modification, or review by the Secretary of Transportation.

SEC. 4. MANAGEMENT ADVISORY COUNCIL INPUT.

    (a) Air Traffic Control System Performance.--Chapter 401 of title 
49, United States Code, is amended by adding at the end the following:
``Sec. 40131. Air traffic control system performance
    ``(a) In General.--The Federal Aviation Management Advisory Council 
established under section 106(p) shall, in addition to performing the 
responsibilities under such section--
            ``(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 Administrator 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 recommendation;
            ``(3) if the Administrator intends to implement the 
        recommendation, a detailed schedule for implementation; 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 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:
``Sec. 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 authorized 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 bargaining representatives of air traffic controllers and 
airway transportation system specialists certified under section 7111 
of title 5, United States Code.''.
    (b) Clerical Amendment.--The analysis for chapter 481 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 48114 the following:

``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 develop 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 independence 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 Administrator.
    (c) Design of System.--The system revised under subsection (a) 
shall, at minimum--
            (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-intensive 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 respect to each 
        acquisition, along with reliable estimates 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 Administration in effect on the day before the 
date of enactment of this Act--
            (1) is necessary to promote transparency, accountability, 
        and cost effectiveness;
            (2) shall not materially affect the Administration's 
        ability to reduce costs associated with acquisitions programs;
            (3) is necessary to protect the interests of the 
        Administration in any potential claim or defense in litigation 
        arising from an acquisition; or
            (4) is necessary to provide for the continuity of one or 
        more acquisition programs.
    (e) Acquisition of Services.--In developing a revised system 
governing the Administration's acquisitions under subsection (a), the 
Administrator shall consult with the exclusive bargaining 
representative of airway transportation system specialists certified 
under section 7111 of title 5, United States Code, before taking any 
action related to services acquisition.
    (f) Report to Congress.--Not later than 12 months after revising 
the system required under subsection (a), 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 revised process.

SEC. 7. PERSONNEL REFORM.

    (a) Reform of Personnel Management System.--Not later than 1 year 
after completion of the review required under subsection (b), the 
Administrator of the Federal Aviation Administration shall make changes 
to the personnel management system developed under section 40122(g) of 
title 49, United States Code, to improve the productivity, cost 
effectiveness, and technical proficiency of that part of the 
Administration's workforce that is not represented by an exclusive 
representative recognized under section 7111 of title 5, United States 
Code, or eligible to be represented by such a labor organization. The 
changes required under this subsection shall include new performance 
incentive policies, including awards for performance, and shall, 
notwithstanding any other provision of law, include procedures for the 
Administration to take expedited personnel actions with respect to 
employees not covered by valid collective bargaining agreements. In no 
instance may the changes implemented under this subsection alter or 
otherwise affect the terms and conditions of employment of any employee 
represented or eligible to be represented by an exclusive 
representative recognized under section 7111 of title 5, United States 
Code.
    (b) Review.--Not later than 6 months after the date of enactment of 
this Act, the Administrator shall conduct a comprehensive review of the 
legal requirements, including policies, standards, rules, and orders of 
the Administration, pertaining to the Administration's personnel 
management system, except to the extent that such requirements may 
affect or relate to the terms and conditions of employment or dispute 
resolution processes governing employees who are represented or 
eligible to be represented by an exclusive bargaining representative 
recognized under section 7111 of title 5, United States Code. This 
review shall identify--
            (1) any requirements that do not substantially contribute 
        to the system's cost effectiveness, administrative flexibility, 
        and transparency;
            (2) any requirement not related to maintaining collective 
        bargaining and due process;
            (3) any requirements not reasonably related to the 
        Administration's efforts to maintain a strong, mutually 
        beneficial relationship between employees and management of the 
        Administration; and
            (4) any requirements with respect to personnel management 
        that the Administration applies through circulars, guidance, or 
        other documents issued by the Office of Management and Budget 
        or the Office of Personnel Management.
    (c) Report.--Not later than 6 months after completion of the review 
required in subsection (b), 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 review.
    (d) Air Traffic Controller Staffing.--
            (1) Staffing report.--Section 44506(e) of title 49, United 
        States Code, is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) for each facility in the system, the current 
        certified professional controller staffing levels, the 
        operational staffing targets for certified professional 
        controllers, and the anticipated certified professional 
        controller attrition for each of the next 3 years;''.
            (2) Staffing standard.--Not later than 180 days after the 
        date of enactment of this Act, the Administrator of the Federal 
        Aviation Administration and the exclusive bargaining 
        representative of air traffic controllers certified under 
        section 7111 of title 5, United States Code, shall jointly 
        develop a staffing standard to determine the number of 
        certified professional controllers and trainees needed to 
        operate each air traffic control facility operated by the 
        Administration. Once developed, this standard shall be used for 
        the staffing report referenced in section 44506(e) of title 49, 
        United States Code.
    (e) Airway Transportation System Specialist Staffing Models.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall implement, after 
        consultation with the National Academy of Sciences, and 
        notwithstanding section 7106(b)(1) of title 5, United States 
        Code, after negotiations with the exclusive bargaining 
        representative of airway transportation system specialists 
        certified under section 7111 of title 5, United States Code, 
        appropriate airway transportation system specialists staffing 
        levels for each of the Administration's facilities that support 
        the National Airspace System. If the Administrator and the 
        exclusive bargaining representative are unable to reach 
        agreement, they shall use the process set forth in clauses (i) 
        through (v) and (vii) of section 40122(a)(2)(C) of title 49, 
        United States Code, to resolve the dispute.
            (2) Airway transportation system specialists placement.--
        Upon determination of staffing levels under paragraph (1), and 
        notwithstanding section 7106(b)(1) of title 5, United States 
        Code, the Administrator shall negotiate with the exclusive 
        bargaining representative of airway transportation system 
        specialists certified under section 7111 of title 5, United 
        States Code, to develop and implement measures to place airway 
        transportation system specialists at all relevant facilities of 
        the Administration. If the Administrator and the exclusive 
        bargaining representative are unable to reach agreement, they 
        shall use the process set forth in clauses (i) through (v) and 
        (vii) of section 40122(a)(2)(C) of title 49, United States 
        Code, to resolve the dispute.
            (3) Aviation safety inspectors.--Notwithstanding section 
        7106(b)(1) of title 5, United States Code, the Administrator 
        shall negotiate with the exclusive bargaining representative of 
        aviation safety inspectors certified under section 7111 of 
        title 5, United States Code, regarding appropriate total 
        staffing levels for aviation inspectors and facilities that 
        support inspection activities of the Administration. If the 
        Administrator and the exclusive bargaining representative are 
        unable to reach agreement, they shall use the process set forth 
        in clauses (i) through (v) and (vii) of section 40122(a)(2)(C) 
        of title 49, United States Code, to resolve the dispute. Any 
        agreement or award shall include a plan to implement such 
        staffing levels.

SEC. 8. ANTI-SILOS REQUIREMENT.

    (a) Organizational Streamlining.--The Administrator shall take 
appropriate measures, including development of internal policies and 
procedures, to organize the Administration's assignments of personnel 
in a manner that facilitates open communication and collaboration among 
the Administration's employees across the Administration's lines of 
business and offices. Such measures shall promote the cross-utilization 
of employees whenever feasible to leverage the employees' knowledge and 
skill sets across disciplines.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, 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 measures required under 
subsection (a) and the effectiveness of such measures in reducing 
organizational barriers and stovepipes.

SEC. 9. AIR TRAFFIC EMPLOYEES ASSIGNED TO GUAM.

    (a) Services for Certain Employees.--The Secretary of Defense shall 
provide military medical treatment facilities, commissary, and exchange 
access to employees of the Federal Aviation Administration assigned to 
Guam, their spouses, and their dependent children through the Defense 
Enrollment Eligibility Reporting System and the Real Time Automated 
Personnel Identification System.
    (b) Reimbursement for Expenses.--The Administrator of the Federal 
Aviation Administration shall reimburse the Secretary of Defense for 
expenses incurred by the Department of Defense for enrollment of 
Federal Aviation Administration employees, their spouses, and their 
dependent children for services provided under subsection (a).

SEC. 10. TECHNICAL REVISIONS.

    Section 40122(g)(2) of title 49, United States Code, is amended--
            (1) in subparagraph (A), by--
                    (A) striking ``(b)'' after ``2302''; and
                    (B) inserting ``prohibited personnel practices 
                and'' before ``whistleblower protection'';
            (2) in subparagraph (B), by--
                    (A) inserting ``3304,'' before ``3308-3320,''; and
                    (B) inserting ``3330a, 3330b, 3330c, and 3330d,'' 
                before ``relating to veterans' preference;'';
            (3) in subparagraph (I)(iii) by striking ``and'' at the 
        end;
            (4) in subparagraph (J) by striking ``leave.'' and 
        inserting ``leave; and''; and
            (5) by inserting at the end the following:
                    ``(K) section 5596 relating to back pay due to 
                unjustified personnel action.''.
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