,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bhjj ,,in ,,the ,,house ,,of ,,representatives ,june #g1 #bjag,mr4 ,de,fazio 7for himself1 ,ms4 ,norton1 ,mr4 ,nadler1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,cummings1 ,mr4 ,larsen of ,washington1 ,mr4 ,capuano1 ,mrs4 ,napolitano1 ,mr4 ,lipinski1 ,mr4 ,cohen1 ,mr4 ,sires1 ,mr4 ,garamendi1 ,mr4 ,johnson of ,georgia1 ,mr4 ,carson of ,indiana1 ,mr4 ,nolan1 ,ms4 ,titus1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,ms4 ,esty of ,connecticut1 ,ms4 ,frankel of ,florida1 ,mrs4 ,bustos1 ,mr4 ,huffman1 ,ms4 ,brownley of ,california1 ,ms4 ,wilson of ,florida1 ,mr4 ,payne1 ,mr4 ,lowenthal1 ,mrs4 ,lawrence1 and ,mr4 ,de,saulnier7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,armed ,services1 the ,budget1 and ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to ensure improvement of air traffic control services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,aviation ,funding ,stability ,act4 #b4 ,trust fund off budget 7a7 ,trust fund off budget ,section #dhaad of title #di1 ,united ,states ,code1 is amended to read as follows3 #dhaad4 ,trust fund off budget 7a7 ,airport and airway trust fund guarantee ,beginning ,october #a1 #bjag1 receipts and disbursements of the ,airport and ,airway ,trust ,fund established under section #iejb of the ,internal ,revenue ,code of #aihf shall not be subject-- 7#a7 to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe or any subsequent law requiring such sequestration2 7#b7 to apportionment pursuant to section #aeac7;b7 of title #ca1 ,united ,states ,code2 7#c7 to appropriation and shall be authorized and made available immediately for obligation and expenditure2 and 7#d7 to any legal requirement1 directive1 or other provision of law of or related to the ,office of ,management and ,budget4 7b7 ,general fund share ,in addition to amounts made available under subsection 7a71 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 account4 ,such funds shall not be subject to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe or any subsequent law requiring such sequestration4 7c7 ,authorization ,to transfer certain funds ,to prevent reduced operations and staffing ,notwithstanding any other provision of law1 within any fiscal year1 the ,administrator may transfer1 to the account funding ,administration operations1 up to #e 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 system4 4 7b7 ,essential air service ,section #dagdb of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#b7 of subsection 7a7 and inserting the following3 7#b7 ,additional funds ,beginning ,october #a1 #bjag1 from amounts deposited into the ,airport and ,airway ,trust ,fund1 the sum of #age1jjj1jjj for each fiscal year is authorized and shall be made available immediately1 in addition to amounts made available under paragraph 7#a7 and subsection 7b71 for obligation and expenditure to carry out the essential air service program under this subchapter4 4 #c4 ,flexibility 7a7 ,office of management and budget ,the ,federal ,aviation ,administration shall be exempt from any order1 directive1 rule1 or other requirement of the ,office of ,management and ,budget4 7b7 ,office of the secretary of transportation ,the revisions to the procurement and personnel systems of the ,federal ,aviation ,administration under sections #f7;a7 and #g7;a7 shall not be subject to approval1 modification1 or review by the ,secretary of ,transportation4 #d4 ,management advisory council input 7a7 ,air traffic control system performance ,chapter #dja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #djaca4 ,air traffic control system performance 7a7 ,in general ,the ,federal ,aviation ,management ,advisory ,council established under section #ajf7p7 shall1 in addition to performing the responsibilities under such section-- 7#a7 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 system2 and 7#b7 make recommendations to the ,administrator to improve the system4 7b7 ,public response ,the ,administrator shall publicly respond in writing to each recommendation of the ,council under subsection 7a74 7c7 ,contents ,a response by the ,administrator under subsection 7b7 shall include-- 7#a7 a restatement of the recommendation to which the response is directed2 7#b7 the ,administrator's analysis of the recommendation2 7#c7 if the ,administrator intends to implement the recommendation1 a detailed schedule for implementation2 and 7#d7 if the ,administrator does not concur in the recommendation1 a statement explaining the reasons for such nonconcurrence4 7d7 ,publication ,not later than #ij days after the ,administrator's receipt of a recommendation under subsection 7a71 each response by the ,administrator under this section shall be posted on the internet website of the ,federal ,aviation ,administration4 4 7b7 ,conforming amendment ,section #ajf7p77#a7 is amended by striking the period at the end and adding 1 except as provided in section #djaca44 #e4 ,air traffic control facility modernization and sustainment 7a7 ,facility modernization and sustainment ,chapter #dha of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dhaae4 ,air traffic control facility modernization and sustainment 7a7 ,modernization and sustainment ,in any fiscal year between #bjah and #bjcj1 in addition to amounts made available under section #dhaja1 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 condition4 7b7 ,consultation ,before taking any action under subsection 7a7 to modernize or sustain air traffic control facilities of the ,federal ,aviation ,administration1 the ,administrator shall consult with the exclusive bargaining representatives of air traffic controllers and airway transportation system specialists certified under section #gaaa of title #e1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the analysis for chapter #dha of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dhaad the following3 #dhaae4 ,air traffic control facility modernization and sustainment4 4 #f4 ,acquisition reform 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop and implement a revised system governing all of the ,administration's acquisitions1 including services1 facilities1 equipment1 and real1 personal1 and intellectual property4 7b7 ,streamlined process ,the system revised under subsection 7a7 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 process4 ,notwithstanding any other provision of law1 the only rules1 policies1 and procedures that shall govern or affect this system are those promulgated by the ,administrator4 7c7 ,design of system ,the system revised under subsection 7a7 shall1 at minimum-- 7#a7 account for the complexity and multiple stages of acquisitions of interdependent systems that constitute the ,next ,generation ,air ,transportation ,system2 7#b7 include measures for appropriate program managers to verify the readiness of software-intensive programs prior to acceptance2 7#c7 include measures for the ,administrator to identify and implement cost reductions across the ,administration according to such timelines and metrics as the ,administrator shall identify2 7#d7 include measures for the ,administrator to reliably estimate the cost of each segment with respect to each acquisition1 along with reliable estimates of all costs that are reasonably expected to be incurred as a result of such acquisition2 and 7#e7 incorporate private-sector best practices for major capital investments in information technology1 telecommunications1 and other relevant systems4 7d7 ,evaluation ,in carrying out subsection 7a71 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-- 7#a7 is necessary to promote transparency1 accountability1 and cost effectiveness2 7#b7 shall not materially affect the ,administration's ability to reduce costs associated with acquisitions programs2 7#c7 is necessary to protect the interests of the ,administration in any potential claim or defense in litigation arising from an acquisition2 or 7#d7 is necessary to provide for the continuity of one or more acquisition programs4 7e7 ,acquisition of services ,in developing a revised system governing the ,administration's acquisitions under subsection 7a71 the ,administrator shall consult with the exclusive bargaining representative of airway transportation system specialists certified under section #gaaa of title #e1 ,united ,states ,code1 before taking any action related to services acquisition4 7f7 ,report to ,congress ,not later than #ab months after revising the system required under subsection 7a71 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the revised process4 #g4 ,personnel reform 7a7 ,reform of personnel management system ,not later than #a year after completion of the review required under subsection 7b71 the ,administrator of the ,federal ,aviation ,administration shall make changes to the personnel management system developed under section #djabb7;g7 of title #di1 ,united ,states ,code1 to improve the productivity1 cost effectiveness1 and technical proficiency of that part of the ,administration's workforce that is not represented by an exclusive representative recognized under section #gaaa of title #e1 ,united ,states ,code1 or eligible to be represented by such a labor organization4 ,the changes required under this subsection shall include new performance incentive policies1 including awards for performance1 and shall1 notwithstanding any other provision of law1 include procedures for the ,administration to take expedited personnel actions with respect to employees not covered by valid collective bargaining agreements4 ,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 #gaaa of title #e1 ,united ,states ,code4 7b7 ,review ,not later than #f months after the date of enactment of this ,act1 the ,administrator shall conduct a comprehensive review of the legal requirements1 including policies1 standards1 rules1 and orders of the ,administration1 pertaining to the ,administration's personnel management system1 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 #gaaa of title #e1 ,united ,states ,code4 ,this review shall identify-- 7#a7 any requirements that do not substantially contribute to the system's cost effectiveness1 administrative flexibility1 and transparency2 7#b7 any requirement not related to maintaining collective bargaining and due process2 7#c7 any requirements not reasonably related to the ,administration's efforts to maintain a strong1 mutually beneficial relationship between employees and management of the ,administration2 and 7#d7 any requirements with respect to personnel management that the ,administration applies through circulars1 guidance1 or other documents issued by the ,office of ,management and ,budget or the ,office of ,personnel ,management4 7c7 ,report ,not later than #f months after completion of the review required in subsection 7b71 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the review4 7d7 ,air traffic controller staffing 7#a7 ,staffing report ,section #ddejf7;e7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 for each facility in the system1 the current certified professional controller staffing levels1 the operational staffing targets for certified professional controllers1 and the anticipated certified professional controller attrition for each of the next #c years2 4 7#b7 ,staffing standard ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 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 ,administration4 ,once developed1 this standard shall be used for the staffing report referenced in section #ddejf7;e7 of title #di1 ,united ,states ,code4 7e7 ,airway transportation system specialist staffing models 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall implement1 after consultation with the ,national ,academy of ,sciences1 and notwithstanding section #gajf7;b77#a7 of title #e1 ,united ,states ,code1 after negotiations with the exclusive bargaining representative of airway transportation system specialists certified under section #gaaa of title #e1 ,united ,states ,code1 appropriate airway transportation system specialists staffing levels for each of the ,administration's facilities that support the ,national ,airspace ,system4 ,if the ,administrator and the exclusive bargaining representative are unable to reach agreement1 they shall use the process set forth in clauses 7i7 through 7v7 and 7vii7 of section #djabb7;a77#b77;,c7 of title #di1 ,united ,states ,code1 to resolve the dispute4 7#b7 ,airway transportation system specialists placement ,upon determination of staffing levels under paragraph 7#a71 and notwithstanding section #gajf7;b77#a7 of title #e1 ,united ,states ,code1 the ,administrator shall negotiate with the exclusive bargaining representative of airway transportation system specialists certified under section #gaaa of title #e1 ,united ,states ,code1 to develop and implement measures to place airway transportation system specialists at all relevant facilities of the ,administration4 ,if the ,administrator and the exclusive bargaining representative are unable to reach agreement1 they shall use the process set forth in clauses 7i7 through 7v7 and 7vii7 of section #djabb7;a77#b77;,c7 of title #di1 ,united ,states ,code1 to resolve the dispute4 7#c7 ,aviation safety inspectors ,notwithstanding section #gajf7;b77#a7 of title #e1 ,united ,states ,code1 the ,administrator shall negotiate with the exclusive bargaining representative of aviation safety inspectors certified under section #gaaa of title #e1 ,united ,states ,code1 regarding appropriate total staffing levels for aviation inspectors and facilities that support inspection activities of the ,administration4 ,if the ,administrator and the exclusive bargaining representative are unable to reach agreement1 they shall use the process set forth in clauses 7i7 through 7v7 and 7vii7 of section #djabb7;a77#b77;,c7 of title #di1 ,united ,states ,code1 to resolve the dispute4 ,any agreement or award shall include a plan to implement such staffing levels4 #h4 ,anti-silos requirement 7a7 ,organizational streamlining ,the ,administrator shall take appropriate measures1 including development of internal policies and procedures1 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 offices4 ,such measures shall promote the cross-utilization of employees whenever feasible to leverage the employees' knowledge and skill sets across disciplines4 7b7 ,report to congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the measures required under subsection 7a7 and the effectiveness of such measures in reducing organizational barriers and stovepipes4 #i4 ,air traffic employees assigned to ,guam 7a7 ,services for certain employees ,the ,secretary of ,defense shall provide military medical treatment facilities1 commissary1 and exchange access to employees of the ,federal ,aviation ,administration assigned to ,guam1 their spouses1 and their dependent children through the ,defense ,enrollment ,eligibility ,reporting ,system and the ,real ,time ,automated ,personnel ,identification ,system4 7b7 ,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 employees1 their spouses1 and their dependent children for services provided under subsection 7a74 #aj4 ,technical revisions ,section #djabb7;g77#b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by-- 7,a7 striking 7b7 after #bcjb2 and 7,b7 inserting prohibited personnel practices and before whistleblower protection2 7#b7 in subparagraph 7,b71 by-- 7,a7 inserting #ccjd1 before #ccjh-ccbj12 and 7,b7 inserting #cccj;a1 #cccj;b1 #cccj;c1 and #cccj;d1 before relating to veterans' preference22 7#c7 in subparagraph 7,i77iii7 by striking and at the end2 7#d7 in subparagraph 7,j7 by striking leave4 and inserting leave2 and2 and 7#e7 by inserting at the end the following3 7,k7 section #eeif relating to back pay due to unjustified personnel action4 4