S.Amdt. 3550Senate111th Congress (2009-2011)

S.Amdt. 3550

What it does: 2 changes: inserts text in 2 places
Submitted March 18, 2010

What it changes

2 changes to H.R. 1586

Inserts text in 2 places
  1. Change 1: Inserts new text at the in the amendment being amended

    Inserts
    Original wording

    At the end of the amendment add the following:

  2. Change 2: Inserts new text on page 147, between lines 4 and 5

    Inserted: (g) Standards.--

    Inserted: (1) In general.--Within 90 days after the date on which the Comptroller General submits the report required by subsection (d) to the Congressional committees, the Secretary of Transportation and the Secretary of Health and Human Services jointly shall determine whether Federal standards for part 135 certificate holders and indirect carriers providing helicopter or fixed wing air ambulance services should be promulgated to address aviation safety or health safety matters in air ambulance operations and shall submit a joint report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on their determination.

    Inserted: (2) Determination factors.--In making the determination required by paragraph (1), the Secretaries--

    Inserted: (A) shall take into account--

    Inserted: (i) issues identified by the Comptroller General in the report required by subsection (d); and

    Inserted: (ii) any other issues deemed necessary or appropriate for consideration by the Secretaries related to the provision of air ambulance services;

    Inserted: (B) shall consult with representatives of the air ambulance service industry and other appropriate stakeholders;

    Inserted: (C) shall consult with the Comptroller General, particularly with respect to areas in which data is insufficient to provide necessary information to the Congress and the Secretaries with respect to air ambulance service issues;

    Inserted: (D) may provide assistance to the Government Accountability Office as necessary for additional analysis to supplement the study and arrange for necessary data collection and analysis, directly or through appropriate competitively awarded contracts; and

    Inserted: (E) may require air ambulance service providers and users to report such data as may be necessary and appropriate to enable the Secretaries to carry out their responsibilities under this subsection.

    Inserted: (3) Report contents.--In the report required by paragraph (1), the Secretaries shall--

    Inserted: (A) explain in detail the rationale for the determination, including--

    Show 4 more inserted paragraphs

    Inserted: (i) if the Secretaries determine that such standards are unnecessary, inappropriate, or contrary to public policy, an explanation of the legal and public policy basis for that determination; or

    Inserted: (ii) if the Secretaries determine that such standards should be promulgated, a finding with respect to whether the standards should be promulgated by the Federal government or State governments in light of the policies implemented by the Aviation Deregulation Act of 1978 (as those policies are currently reflected in subtitle VII of title 49, United States Code) and an explanation of the legal and public policy basis for that finding; and

    Inserted: (B) provide a description of non-aviation related health safety matters related to air ambulance service operations that are subject to State regulation under traditional State regulatory authority.

    Inserted: (4) Application with state and local laws.--Nothing in this subsection, or in the standards established under subsection (a), shall preclude any State or local government from licensing air ambulance service providers, or from promulgating or enforcing air ambulance service requirements, subject to applicable Federal law.

    Original wording

    On page 147, between lines 4 and 5, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3550. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill H.R. 1586, to impose an additional tax on bonuses received from certain TARP recipients; which was ordered to lie on the table; as follows:

At the end of the amendment add the following:

On page 147, between lines 4 and 5, insert the following:

(g) Standards.--

(1) In general.--Within 90 days after the date on which the Comptroller General submits the report required by subsection (d) to the Congressional committees, the Secretary of Transportation and the Secretary of Health and Human Services jointly shall determine whether Federal standards for part 135 certificate holders and indirect carriers providing helicopter or fixed wing air ambulance services should be promulgated to address aviation safety or health safety matters in air ambulance operations and shall submit a joint report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on their determination.

(2) Determination factors.--In making the determination required by paragraph (1), the Secretaries--

(A) shall take into account--

(i) issues identified by the Comptroller General in the report required by subsection (d); and

(ii) any other issues deemed necessary or appropriate for consideration by the Secretaries related to the provision of air ambulance services;

(B) shall consult with representatives of the air ambulance service industry and other appropriate stakeholders;

(C) shall consult with the Comptroller General, particularly with respect to areas in which data is insufficient to provide necessary information to the Congress and the Secretaries with respect to air ambulance service issues;

(D) may provide assistance to the Government Accountability Office as necessary for additional analysis to supplement the study and arrange for necessary data collection and analysis, directly or through appropriate competitively awarded contracts; and

(E) may require air ambulance service providers and users to report such data as may be necessary and appropriate to enable the Secretaries to carry out their responsibilities under this subsection.

(3) Report contents.--In the report required by paragraph (1), the Secretaries shall--

(A) explain in detail the rationale for the determination, including--

(i) if the Secretaries determine that such standards are unnecessary, inappropriate, or contrary to public policy, an explanation of the legal and public policy basis for that determination; or

(ii) if the Secretaries determine that such standards should be promulgated, a finding with respect to whether the standards should be promulgated by the Federal government or State governments in light of the policies implemented by the Aviation Deregulation Act of 1978 (as those policies are currently reflected in subtitle VII of title 49, United States Code) and an explanation of the legal and public policy basis for that finding; and

(B) provide a description of non-aviation related health safety matters related to air ambulance service operations that are subject to State regulation under traditional State regulatory authority.

(4) Application with state and local laws.--Nothing in this subsection, or in the standards established under subsection (a), shall preclude any State or local government from licensing air ambulance service providers, or from promulgating or enforcing air ambulance service requirements, subject to applicable Federal law.

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Senate amendment submitted

March 18, 2010