180 
Forces who are traveling on leave or liberty at their 
own expense; and 
(2) each United States air carrier, for all mem-
bers of the Armed Forces who have been granted leave 
or liberty and who are traveling by air at their own 
expense, should— 
(A) seek to provide reduced air fares that 
are comparable to the lowest airfare for ticketed 
flights and that eliminate to the maximum ex-
tent possible advance purchase requirements; 
(B) seek to eliminate change fees or charges 
and any penalties; 
(C) seek to eliminate or reduce baggage and 
excess weight fees; 
(D) offer flexible terms that allow members 
to purchase, modify, or cancel tickets without 
time restrictions, and to waive fees (including 
baggage fees), ancillary costs, or penalties; and 
(E) seek to take proactive measures to en-
sure that all airline employees, particularly 
those who issue tickets and respond to members 
of the Armed Forces and their family members, 
are trained in the policies of the airline aimed 
at benefitting members of the Armed Forces who 
are on leave. 
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181 
SEC. 427. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN-
CELLATIONS, AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
air carrier flight delays, cancellations, and associated 
causes to update its 2000 report numbered CR–2000–112 
and titled ‘‘Audit of Air Carrier Flight Delays and Can-
cellations’’. 
(b) ASSESSMENTS.—In conducting the review under 
subsection (a), the Inspector General shall assess— 
(1) the need for an update on delay and can-
cellation statistics, including with respect to the num-
ber of chronically delayed flights and taxi-in and 
taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a reexamination of capacity 
benchmarks at the Nation’s busiest airports; 
(4) the impact of flight delays and cancellations 
on air travelers, including recommendations for pro-
grams that could be implemented to address the im-
pact of flight delays on air travelers; 
(5) the effect that limited air carrier service op-
tions on routes have on the frequency of delays and 
cancellations on such routes; 
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(6) the effect of the rules and regulations of the 
Department of Transportation on the decisions of air 
carriers to delay or cancel flights; and 
(7) the impact of flight delays and cancellations 
on the airline industry. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Inspector General shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the review conducted under this section, 
including the assessments described in subsection (b). 
SEC. 428. DENIED BOARDING COMPENSATION. 
(a) EVALUATION OF DENIED BOARDING COMPENSA-
TION.—Not later than 6 months after the date of enactment 
of this Act, and every 2 years thereafter, the Secretary of 
Transportation shall evaluate the amount provided by air 
carriers for denied boarding compensation. 
(b) ADJUSTMENT OF AMOUNT.—If, upon completing 
an evaluation required under subsection (a), the Secretary 
determines that the amount provided for denied boarding 
compensation should be adjusted, the Secretary shall issue 
a regulation to adjust such compensation. 
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183 
SEC. 429. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General shall conduct a 
study to— 
(1) examine delays in the delivery of checked 
baggage to passengers of air carriers; and 
(2) assess the options for and examine the im-
pact of establishing minimum standards to com-
pensate a passenger in the case of an unreasonable 
delay in the delivery of checked baggage. 
(b) CONSIDERATION.—In conducting the study, the 
Comptroller General shall take into account the additional 
fees for checked baggage that are imposed by many air car-
riers and how the additional fees should improve an air 
carrier’s baggage performance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit to Congress a report on the results of the study. 
SEC. 430. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Federal 
Aviation Administration determines that— 
(1) the aircraft operations of air carriers during 
any hour at an airport exceed the hourly maximum 
departure and arrival rate established by the Admin-
istrator for such operations; and 
(2) the operations in excess of the maximum de-
parture and arrival rate for such hour at such air-
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port are likely to have a significant adverse effect on 
the safe and efficient use of navigable airspace, 
the Administrator shall convene a meeting of such carriers 
to reduce pursuant to section 41722 of title 49, United 
States Code, on a voluntary basis, the number of such oper-
ations so as not to exceed the maximum departure and ar-
rival rate. 
(b) NO AGREEMENT.—If the air carriers participating 
in a meeting with respect to an airport under subsection 
(a) are not able to agree to a reduction in the number of 
flights to and from the airport so as not to exceed the max-
imum departure and arrival rate, the Administrator shall 
take such action as is necessary to ensure such reduction 
is implemented. 
SEC. 431. DOT AIRLINE CONSUMER COMPLAINT INVESTIGA-
TIONS. 
The Secretary of Transportation may investigate con-
sumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats on flights; 
(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
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(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
(6) the rights of passengers who hold frequent 
flyer miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
SEC. 432. STUDY OF OPERATORS REGULATED UNDER PART 
135. 
(a) STUDY REQUIRED.—The Administrator of the Fed-
eral Aviation Administration, in consultation with inter-
ested parties, shall conduct a study of operators regulated 
under part 135 of title 14, Code of Federal Regulations. 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Administrator shall analyze the part 135 
fleet in the United States, which shall include analysis of— 
(1) the size and type of aircraft in the fleet; 
(2) the equipment utilized by the fleet; 
(3) the hours flown each year by the fleet; 
(4) the utilization rates with respect to the fleet; 
(5) the safety record of various categories of use 
and aircraft types with respect to the fleet, through a 
review of the database of the National Transportation 
Safety Board; 
(6) the sales revenues of the fleet; and 
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(7) the number of passengers and airports served 
by the fleet. 
(c) REPORT.— 
(1) INITIAL REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Adminis-
trator shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the study conducted under subsection (a). 
(2) UPDATES.—Not later than 3 years after the 
date of the submission of the report required under 
paragraph (1), and every 2 years thereafter, the Ad-
ministrator shall update the report required under 
that paragraph and submit the updated report to the 
committees specified in that paragraph. 
SEC. 433. USE OF CELL PHONES ON PASSENGER AIRCRAFT. 
(a) CELL PHONE STUDY.—Not later than 120 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall conduct a 
study on the impact of the use of cell phones for voice com-
munications in an aircraft during a flight in scheduled 
passenger air transportation where currently permitted by 
foreign governments in foreign air transportation. 
(b) CONTENTS.—The study shall include— 
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(1) a review of foreign government and air car-
rier policies on the use of cell phones during flight; 
(2) a review of the extent to which passengers use 
cell phones for voice communications during flight; 
and 
(3) a summary of any impacts of cell phone use 
during flight on safety, the quality of the flight expe-
rience of passengers, and flight attendants. 
(c) COMMENT PERIOD.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
publish in the Federal Register the results of the study and 
allow 60 days for public comment. 
(d) CELL PHONE REPORT.—Not later than 270 days 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
TITLE V—ENVIRONMENTAL 
STREAMLINING 
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS. 
(a) 
GENERAL
REQUIREMENTS.—Section 
40128(a)(1)(C) is amended by inserting ‘‘or voluntary 
agreement under subsection (b)(7)’’ before ‘‘for the park’’. 
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(b) EXEMPTION FOR NATIONAL PARKS WITH 50 OR 
FEWER
FLIGHTS
EACH
YEAR.—Section 40128(a) is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 50 
OR FEWER FLIGHTS EACH YEAR.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a national park that has 50 or fewer 
commercial air tour operations over the park 
each year shall be exempt from the requirements 
of this section, except as provided in subpara-
graph (B). 
‘‘(B) WITHDRAWAL OF EXEMPTION.—If the 
Director determines that an air tour manage-
ment plan or voluntary agreement is necessary 
to protect park resources and values or park vis-
itor use and enjoyment, the Director shall with-
draw the exemption of a park under subpara-
graph (A). 
‘‘(C) LIST OF PARKS.— 
‘‘(i) IN GENERAL.—The Director and 
Administrator shall jointly publish a list 
each year of national parks that are covered 
by the exemption provided under this para-
graph. 
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‘‘(ii) NOTIFICATION
OF
WITHDRAWAL 
OF EXEMPTION.—The Director shall inform 
the Administrator, in writing, of each deter-
mination to withdraw an exemption under 
subparagraph (B). 
‘‘(D) ANNUAL REPORT.—A commercial air 
tour operator conducting commercial air tour 
operations over a national park that is exempt 
from the requirements of this section shall submit 
to the Administrator and the Director a report 
each year that includes the number of commer-
cial air tour operations the operator conducted 
during the preceding one-year period over such 
park.’’. 
(c) 
AIR
TOUR
MANAGEMENT
PLANS.—Section 
40128(b) is amended by adding at the end the following: 
‘‘(7) VOLUNTARY AGREEMENTS.— 
‘‘(A) IN GENERAL.—As an alternative to an 
air tour management plan, the Director and the 
Administrator may enter into a voluntary agree-
ment with a commercial air tour operator (in-
cluding a new entrant commercial air tour oper-
ator and an operator that has interim operating 
authority) that has applied to conduct commer-
cial air tour operations over a national park to 
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manage commercial air tour operations over 
such national park. 
‘‘(B) 
PARK
PROTECTION.—A 
voluntary 
agreement under this paragraph with respect to 
commercial air tour operations over a national 
park shall address the management issues nec-
essary to protect the resources of such park and 
visitor use of such park without compromising 
aviation safety or the air traffic control system 
and may— 
‘‘(i) include provisions such as those 
described in subparagraphs (B) through (E) 
of paragraph (3); 
‘‘(ii) include provisions to ensure the 
stability of, and compliance with, the vol-
untary agreement; and 
‘‘(iii) provide for fees for such oper-
ations. 
‘‘(C) PUBLIC.—The Director and the Ad-
ministrator shall provide an opportunity for 
public review of a proposed voluntary agreement 
under this paragraph and shall consult with any 
Indian tribe whose tribal lands are, or may be, 
flown over by a commercial air tour operator 
under a voluntary agreement under this para-
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graph. After such opportunity for public review 
and consultation, the voluntary agreement may 
be implemented without further administrative 
or environmental process beyond that described 
in this subsection. 
‘‘(D) TERMINATION.— 
‘‘(i) IN GENERAL.—A voluntary agree-
ment under this paragraph may be termi-
nated at any time at the discretion of— 
‘‘(I) the Director, if the Director 
determines that the agreement is not 
adequately protecting park resources or 
visitor experiences; or 
‘‘(II) the Administrator, if the 
Administrator 
determines 
that 
the 
agreement is adversely affecting avia-
tion safety or the national aviation 
system. 
‘‘(ii) EFFECT OF TERMINATION.—If a 
voluntary agreement with respect to a na-
tional park is terminated under this sub-
paragraph, the operators shall conform to 
the requirements for interim operating au-
thority under subsection (c) until an air 
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tour management plan for the park is in ef-
fect.’’. 
(d) 
INTERIM
OPERATING
AUTHORITY.—Section 
40128(c) is amended— 
(1) by striking paragraph (2)(I) and inserting 
the following: 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental review beyond that described in this 
subsection, if— 
‘‘(i) adequate information regarding 
the existing and proposed operations of the 
operator under the interim operating au-
thority is provided to the Administrator 
and the Director; 
‘‘(ii) the Administrator determines that 
there would be no adverse impact on avia-
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees with the 
modification, based on the professional ex-
pertise of the Director regarding the protec-
tion of the resources, values, and visitor use 
and enjoyment of the park.’’; and 
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(2) in paragraph (3)(A) by striking ‘‘if the Ad-
ministrator determines’’ and all that follows through 
the period at the end and inserting ‘‘without further 
environmental process beyond that described in this 
paragraph, if— 
‘‘(i) adequate information on the pro-
posed operations of the operator is provided 
to the Administrator and the Director by 
the operator making the request; 
‘‘(ii) the Administrator agrees that 
there would be no adverse impact on avia-
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees, based on the 
Director’s professional expertise regarding 
the protection of park resources and values 
and visitor use and enjoyment.’’. 
(e) OPERATOR REPORTS.—Section 40128 is amend-
ed— 
(1) by redesignating subsections (d), (e), and (f) 
as subsections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 
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‘‘(1) REPORT.—Each commercial air tour oper-
ator conducting a commercial air tour operation over 
a national park under interim operating authority 
granted under subsection (c) or in accordance with an 
air tour management plan or voluntary agreement 
under subsection (b) shall submit to the Adminis-
trator and the Director a report regarding the num-
ber of commercial air tour operations over each na-
tional park that are conducted by the operator and 
such other information as the Administrator and Di-
rector may request in order to facilitate admin-
istering the provisions of this section. 
‘‘(2) REPORT SUBMISSION.—Not later than 90 
days after the date of enactment of the FAA Reau-
thorization and Reform Act of 2011, the Adminis-
trator and the Director shall jointly issue an initial 
request for reports under this subsection. The reports 
shall be submitted to the Administrator and the Di-
rector with a frequency and in a format prescribed by 
the Administrator and the Director.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is 
amended— 
(1) in the first sentence by striking ‘‘prescribe 
regulations’’ and inserting ‘‘issue guidance’’; and 
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(2) in the second sentence by striking ‘‘regula-
tions’’ and inserting ‘‘guidance’’. 
(b) 
APPLICATIONS
AND
SELECTION.—Section 
47128(b)(4) is amended by inserting before the semicolon 
the following: ‘‘, including the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), State and local 
environmental policy acts, Executive orders, agency regula-
tions and guidance, and other Federal environmental re-
quirements’’. 
(c) ENVIRONMENTAL ANALYSIS
AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—A Federal agency, other than the Federal 
Aviation Administration, that is responsible for issuing an 
approval, license, or permit to ensure compliance with a 
Federal environmental requirement applicable to a project 
or activity to be carried out by a State using amounts from 
a block grant made under this section shall— 
‘‘(1) coordinate and consult with the State; 
‘‘(2) use the environmental analysis prepared by 
the State for the project or activity if such analysis 
is adequate; and 
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‘‘(3) as necessary, consult with the State to de-
scribe the supplemental analysis the State must pro-
vide to meet applicable Federal requirements.’’. 
SEC. 
503. 
NEXTGEN 
ENVIRONMENTAL 
EFFICIENCY 
PROJECTS STREAMLINING. 
(a) AVIATION PROJECT REVIEW PROCESS.—Section 
47171(a) is amended in the matter preceding paragraph 
(1) by striking ‘‘and aviation security projects’’ and insert-
ing ‘‘aviation security projects, and NextGen environmental 
efficiency projects’’. 
(b) AVIATION PROJECTS SUBJECT TO A STREAMLINED 
ENVIRONMENTAL REVIEW PROCESS.—Section 47171(b) is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) 
AIRPORT
CAPACITY
ENHANCEMENT 
PROJECTS
AT
CONGESTED
AIRPORTS
AND
CERTAIN 
NEXTGEN ENVIRONMENTAL EFFICIENCY PROJECTS.— 
The following projects shall be subject to the coordi-
nated and expedited environmental review process re-
quirements set forth in this section: 
‘‘(A) An airport capacity enhancement 
project at a congested airport. 
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‘‘(B) A NextGen environmental efficiency 
project at an Operational Evolution Partnership 
airport or any congested airport.’’; and 
(2) in paragraph (2)— 
(A) in the heading by striking ‘‘AND AVIA-
TION
SECURITY
PROJECTS’’ 
and 
inserting 
‘‘PROJECTS, AVIATION SECURITY PROJECTS, AND 
ANY
NEXTGEN
ENVIRONMENTAL
EFFICIENCY 
PROJECTS’’; 
(B) in subparagraph (A) by striking ‘‘or 
aviation security project’’ and inserting ‘‘, an 
aviation security project, or any NextGen envi-
ronmental efficiency project’’; and 
(C) in subparagraph (B) by striking ‘‘or 
aviation security project’’ and inserting ‘‘, avia-
tion security project, or NextGen environmental 
efficiency project’’. 
(c) HIGH PRIORITY FOR ENVIRONMENTAL REVIEWS.— 
Section 47171(c)(1) is amended by striking ‘‘an airport ca-
pacity enhancement project at a congested airport’’ and in-
serting ‘‘a project described in subsection (b)(1)’’. 
(d) IDENTIFICATION OF JURISDICTIONAL AGENCIES.— 
Section 47171(d) is amended by striking ‘‘each airport ca-
pacity enhancement project at a congested airport’’ and in-
serting ‘‘a project described in subsection (b)(1)’’. 
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(e) 
LEAD
AGENCY
RESPONSIBILITY.—Section 
47171(h) is amended by striking ‘‘airport capacity en-
hancement projects at congested airports’’ and inserting 
‘‘projects described in subsection (b)(1)’’. 
(f) ALTERNATIVES ANALYSIS.—Section 47171(k) is 
amended by striking ‘‘an airport capacity enhancement 
project at a congested airport’’ and inserting ‘‘a project de-
scribed in subsection (b)(1)’’. 
(g) DEFINITIONS.—Section 47171 is amended by add-
ing at the end the following: 
‘‘(n) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) CONGESTED AIRPORT.—The term ‘congested 
airport’ means an airport that accounted for at least 
one percent of all delayed aircraft operations in the 
United States in the most recent year for which data 
is available and an airport listed in table 1 of the 
Federal Aviation Administration’s Airport Capacity 
Benchmark Report 2004. 
‘‘(2) 
NEXTGEN
ENVIRONMENTAL
EFFICIENCY 
PROJECT.—The term ‘NextGen environmental effi-
ciency project’ means a Next Generation Air Trans-
portation System aviation project that— 
‘‘(A) develops and certifies performance- 
based navigation procedures; or 
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‘‘(B) develops other environmental mitiga-
tion projects the Secretary may designate as fa-
cilitating a reduction in noise, fuel consumption, 
or emissions from air traffic operations. 
‘‘(3) PERFORMANCE-BASED
NAVIGATION.—The 
term ‘performance-based navigation’ means a frame-
work for defining performance requirements in navi-
gation specifications that— 
‘‘(A) can be applied to an air traffic route, 
instrument procedure, or defined airspace; or 
‘‘(B) provides a basis for the design and im-
plementation of automated flight paths, airspace 
design, and obstacle clearance.’’. 
SEC. 504. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
Section 47173(a) is amended by striking ‘‘services of 
consultants in order to’’ and all that follows through the 
period at the end and inserting ‘‘services of consultants— 
‘‘(1) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with an airport development project; 
‘‘(2) to conduct special environmental studies re-
lated to an airport project funded with Federal funds; 
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‘‘(3) to conduct special studies or reviews to sup-
port approved noise compatibility measures described 
in part 150 of title 14, Code of Federal Regulations; 
‘‘(4) to conduct special studies or reviews to sup-
port environmental mitigation in a record of decision 
or finding of no significant impact by the Federal 
Aviation Administration; and 
‘‘(5) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with new or amended flight procedures, including 
performance-based navigation procedures, such as re-
quired navigation performance procedures and area 
navigation procedures.’’. 
SEC. 505. NOISE COMPATIBILITY PROGRAMS. 
Section 47504(a)(2) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (D); 
(2) by striking ‘‘operations.’’ in subparagraph 
(E) and inserting ‘‘operations; and’’; and 
(3) by adding at the end the following: 
‘‘(F) conducting comprehensive land use plan-
ning (including master plans, traffic studies, environ-
mental evaluation, and economic and feasibility stud-
ies), jointly with neighboring local jurisdictions un-
dertaking community redevelopment in an area in 
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which land or other property interests have been ac-
quired by the operator pursuant to this section, to en-
courage and enhance redevelopment opportunities that 
reflect zoning and uses that will prevent the introduc-
tion of additional incompatible uses and enhance re-
development potential.’’. 
SEC. 506. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
PROCEDURES. 
Section 47504 is amended by adding at the end the 
following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE-
DURES.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (c)(1), the Secretary may make a grant to an 
airport operator to assist in completing environ-
mental review and assessment activities for proposals 
to implement flight procedures at such airport that 
have been approved as part of an airport noise com-
patibility program under subsection (b). 
‘‘(2) ADDITIONAL
STAFF.—The Administrator 
may accept funds from an airport operator, including 
funds provided to the operator under paragraph (1), 
to hire additional staff or obtain the services of con-
sultants in order to facilitate the timely processing, 
review, and completion of environmental activities as-
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sociated with proposals to implement flight proce-
dures at such airport that have been approved as part 
of an airport noise compatibility program under sub-
section (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 31, 
any funds accepted under this section— 
‘‘(A) shall be credited as offsetting collec-
tions to the account that finances the activities 
and services for which the funds are accepted; 
‘‘(B) shall be available for expenditure only 
to pay the costs of activities and services for 
which the funds are accepted; and 
‘‘(C) shall remain available until ex-
pended.’’. 
SEC. 507. DETERMINATION OF FAIR MARKET VALUE OF RES-
IDENTIAL PROPERTIES. 
Section 47504 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(f) DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL PROPERTIES.—In approving a project to ac-
quire residential real property using financial assistance 
made available under this section or chapter 471, the Sec-
retary shall ensure that the appraisal of the property to 
be acquired disregards any decrease or increase in the fair 
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market value of the real property caused by the project for 
which the property is to be acquired, or by the likelihood 
that the property would be acquired for the project, other 
than that due to physical deterioration within the reason-
able control of the owner.’’. 
SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 
WEIGHING 75,000 POUNDS OR LESS NOT COM-
PLYING WITH STAGE 3 NOISE LEVELS. 
(a) IN GENERAL.—Subchapter II of chapter 475 is 
amended by adding at the end the following: 
‘‘§ 47534. Prohibition on operating certain aircraft 
weighing 75,000 pounds or less not com-
plying with stage 3 noise levels 
‘‘(a) PROHIBITION.—Except as otherwise provided by 
this section, after December 31, 2014, a person may not 
operate a civil subsonic jet airplane with a maximum 
weight of 75,000 pounds or less, and for which an air-
worthiness certificate (other than an experimental certifi-
cate) has been issued, to or from an airport in the United 
States unless the Secretary of Transportation finds that the 
aircraft complies with stage 3 noise levels. 
‘‘(b) AIRCRAFT OPERATIONS OUTSIDE 48 CONTIGUOUS 
STATES.—Subsection (a) shall not apply to aircraft oper-
ated only outside the 48 contiguous States. 
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‘‘(c) TEMPORARY OPERATIONS.—The Secretary may 
allow temporary operation of an aircraft otherwise prohib-
ited from operation under subsection (a) to or from an air-
port in the contiguous United States by granting a special 
flight authorization for one or more of the following cir-
cumstances: 
‘‘(1) To sell, lease, or use the aircraft outside the 
48 contiguous States. 
‘‘(2) To scrap the aircraft. 
‘‘(3) To obtain modifications to the aircraft to 
meet stage 3 noise levels. 
‘‘(4) To perform scheduled heavy maintenance or 
significant modifications on the aircraft at a mainte-
nance facility located in the contiguous 48 States. 
‘‘(5) To deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the aircraft 
to the lessor. 
‘‘(6) To prepare, park, or store the aircraft in 
anticipation of any of the activities described in 
paragraphs (1) through (5). 
‘‘(7) To provide transport of persons and goods 
in the relief of an emergency situation. 
‘‘(8) To divert the aircraft to an alternative air-
port in the 48 contiguous States on account of weath-
er, mechanical, fuel, air traffic control, or other safety 
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reasons while conducting a flight in order to perform 
any of the activities described in paragraphs (1) 
through (7). 
‘‘(d) REGULATIONS.—The Secretary may prescribe 
such regulations or other guidance as may be necessary for 
the implementation of this section. 
‘‘(e) STATUTORY CONSTRUCTION.— 
‘‘(1) AIP GRANT ASSURANCES.—Noncompliance 
with subsection (a) shall not be construed as a viola-
tion of section 47107 or any regulations prescribed 
thereunder. 
‘‘(2) PENDING APPLICATIONS.—Nothing in this 
section may be construed as interfering with, nul-
lifying, or otherwise affecting determinations made by 
the Federal Aviation Administration, or to be made 
by the Administration, with respect to applications 
under part 161 of title 14, Code of Federal Regula-
tions, that were pending on the date of enactment of 
this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 47531 is amended— 
(A) in the section heading by striking ‘‘for 
violating sections 47528–47530’’; and 
(B) by striking ‘‘47529, or 47530’’ and in-
serting ‘‘47529, 47530, or 47534’’. 
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(2) Section 47532 is amended by inserting ‘‘or 
47534’’ after ‘‘47528–47531’’. 
(3) The analysis for subchapter II of chapter 475 
is amended— 
(A) by striking the item relating to section 
47531 and inserting the following: 
‘‘47531. Penalties.’’; and 
(B) by adding at the end the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 
not complying with stage 3 noise levels.’’. 
SEC. 509. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program at not more than 5 public- 
use airports under which the Federal Aviation Administra-
tion shall use funds made available under section 48101(a) 
to test air traffic flow management tools, methodologies, and 
procedures that will allow air traffic controllers of the Ad-
ministration to better manage the flow of aircraft on the 
ground and reduce the length of ground holds and idling 
time for aircraft. 
(b) SELECTION CRITERIA.—In selecting from among 
airports at which to conduct the pilot program, the Sec-
retary shall give priority consideration to airports at which 
improvements in ground control efficiencies are likely to 
achieve the greatest fuel savings or air quality or other envi-
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ronmental benefits, as measured by the amount of reduced 
fuel, reduced emissions, or other environmental benefits per 
dollar of funds expended under the pilot program. 
(c) MAXIMUM AMOUNT.—Not more than a total of 
$2,500,000 may be expended under the pilot program at 
any single public-use airport. 
SEC. 510. HIGH PERFORMANCE, SUSTAINABLE, AND COST- 
EFFECTIVE AIR TRAFFIC CONTROL FACILI-
TIES. 
The Administrator of the Federal Aviation Adminis-
tration may implement, to the extent practicable, sustain-
able practices for the incorporation of energy-efficient de-
sign, equipment, systems, and other measures in the con-
struction and major renovation of air traffic control facili-
ties of the Administration in order to reduce energy con-
sumption at, improve the environmental performance of, 
and reduce the cost of maintenance for such facilities. 
SEC. 511. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the European Union directive extending the 
European Union’s emissions trading proposal to 
international civil aviation without working through 
the International Civil Aviation Organization (in 
this section referred to as the ‘‘ICAO’’) in a con-
sensus-based fashion is inconsistent with the Conven-
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208 
tion on International Civil Aviation, completed in 
Chicago on December 7, 1944 (TIAS 1591; commonly 
known as the ‘‘Chicago Convention’’), and other rel-
evant air services agreements and antithetical to 
building international cooperation to address effec-
tively the problem of greenhouse gas emissions by air-
craft engaged in international civil aviation; and 
(2) the European Union and its member states 
should instead work with other contracting states of 
ICAO to develop a consensual approach to addressing 
aircraft greenhouse gas emissions through ICAO. 
SEC. 512. AVIATION NOISE COMPLAINTS. 
(a) TELEPHONE NUMBER POSTING.—Not later than 
90 days after the date of enactment of this Act, each owner 
or operator of a large hub airport (as defined in section 
40102(a) of title 49, United States Code) shall publish on 
an Internet Web site of the airport a telephone number to 
receive aviation noise complaints related to the airport. 
(b) SUMMARIES AND REPORTS.—Not later than 15 
months after the date of enactment of this Act, and annu-
ally thereafter, an owner or operator that receives noise 
complaints from 25 individuals during the preceding year 
under subsection (a) shall submit to the Administrator of 
the Federal Aviation Administration a report regarding the 
number of complaints received and a summary regarding 
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the nature of such complaints. The Administrator shall 
make such information available to the public by electronic 
means. 
TITLE VI—FAA EMPLOYEES AND 
ORGANIZATION 
SEC. 
601. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM. 
(a) DISPUTE
RESOLUTION.—Section 40122(a) is 
amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or the provisions referred to in subsection 
(g)(2)(C) with the exclusive bargaining rep-
resentative of the employees, the Administrator 
and the bargaining representative— 
‘‘(i) shall use the services of the Federal 
Mediation and Conciliation Service to at-
tempt to reach such agreement in accord-
ance with part 1425 of title 29, Code of 
Federal Regulations (as in effect on the date 
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210 
of enactment of the FAA Reauthorization 
and Reform Act of 2011); or 
‘‘(ii) may by mutual agreement adopt 
alternative procedures for the resolution of 
disputes or impasses arising in the negotia-
tion of the collective-bargaining agreement. 
‘‘(B) MID-TERM BARGAINING.—If the serv-
ices of the Federal Mediation and Conciliation 
Service under subparagraph (A)(i) do not lead to 
the resolution of issues in controversy arising 
from the negotiation of a mid-term collective-bar-
gaining agreement, the Federal Service Impasses 
Panel shall assist the parties in resolving the im-
passe in accordance with section 7119 of title 5. 
‘‘(C) BINDING ARBITRATION FOR TERM BAR-
GAINING.— 
‘‘(i) ASSISTANCE FROM FEDERAL SERV-
ICE IMPASSES PANEL.—If the services of the 
Federal Mediation and Conciliation Service 
under subparagraph (A)(i) do not lead to 
the resolution of issues in controversy aris-
ing from the negotiation of a term collec-
tive-bargaining agreement, the Adminis-
trator and the exclusive bargaining rep-
resentative of the employees (in this sub-
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paragraph referred to as the ‘parties’) shall 
submit their issues in controversy to the 
Federal Service Impasses Panel. The Panel 
shall assist the parties in resolving the im-
passe by asserting jurisdiction and ordering 
binding arbitration by a private arbitration 
board consisting of 3 members. 
‘‘(ii) APPOINTMENT
OF
ARBITRATION 
BOARD.—The Executive Director of the 
Panel shall provide for the appointment of 
the 3 members of a private arbitration 
board under clause (i) by requesting the Di-
rector of the Federal Mediation and Concil-
iation Service to prepare a list of not less 
than 15 names of arbitrators with Federal 
sector experience and by providing the list 
to the parties. Not later than 10 days after 
receiving the list, the parties shall each se-
lect one person from the list. The 2 arbitra-
tors selected by the parties shall then select 
a third person from the list not later than 
7 days after being selected. If either of the 
parties fails to select a person or if the 2 ar-
bitrators are unable to agree on the third 
person in 7 days, the parties shall make the 
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selection by alternately striking names on 
the list until one arbitrator remains. 
‘‘(iii) 
FRAMING
ISSUES
IN
CON-
TROVERSY.—If the parties do not agree on 
the framing of the issues to be submitted for 
arbitration, the arbitration board shall 
frame the issues. 
‘‘(iv) 
HEARINGS.—The 
arbitration 
board shall give the parties a full and fair 
hearing, 
including 
an 
opportunity 
to 
present evidence in support of their claims 
and an opportunity to present their case in 
person, by counsel, or by other representa-
tive as they may elect. 
‘‘(v) 
DECISIONS.—The 
arbitration 
board shall render its decision within 90 
days after the date of its appointment. De-
cisions of the arbitration board shall be con-
clusive and binding upon the parties. 
‘‘(vi) MATTERS FOR CONSIDERATION.— 
The arbitration board shall take into con-
sideration such factors as— 
‘‘(I) the effect of its arbitration 
decisions on the Federal Aviation Ad-
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ministration’s ability to attract and 
retain a qualified workforce; 
‘‘(II) the effect of its arbitration 
decisions on the Federal Aviation Ad-
ministration’s budget; 
‘‘(III) the effect of its arbitration 
decisions on other Federal Aviation 
Administration employees; and 
‘‘(IV) any other factors whose con-
sideration would assist the board in 
fashioning a fair and equitable award. 
‘‘(vii) COSTS.—The parties shall share 
costs of the arbitration equally. 
‘‘(3) RATIFICATION
OF
AGREEMENTS.—Upon 
reaching a voluntary agreement or at the conclusion 
of the binding arbitration under paragraph (2)(C), 
the final agreement, except for those matters decided 
by an arbitration board, shall be subject to ratifica-
tion by the exclusive bargaining representative of the 
employees, if so requested by the bargaining represent-
ative, and the final agreement shall be subject to ap-
proval by the head of the agency in accordance with 
the provisions referred to in subsection (g)(2)(C).’’. 
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM. 
Section 40122(g)(2) is amended— 
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(1) in subparagraph (G) by striking ‘‘and’’ after 
the semicolon; 
(2) in subparagraph (H) by striking ‘‘Board.’’ 
and inserting ‘‘Board; and’’; and 
(3) by adding at the end the following: 
‘‘(I) subsections (b), (c), and (d) of section 
4507 (relating to Meritorious Executive or Dis-
tinguished Executive rank awards) and sub-
sections (b) and (c) of section 4507a (relating to 
Meritorious Senior Professional or Distinguished 
Senior Professional rank awards), except that— 
‘‘(i) for purposes of applying such pro-
visions to the personnel management sys-
tem— 
‘‘(I) the term ‘agency’ means the 
Department of Transportation; 
‘‘(II) the term ‘senior executive’ 
means a Federal Aviation Administra-
tion executive; 
‘‘(III) the term ‘career appointee’ 
means a Federal Aviation Administra-
tion career executive; and 
‘‘(IV) the term ‘senior career em-
ployee’ means a Federal Aviation Ad-
ministration career senior professional; 
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transportation systems specialists (in this section re-
ferred to as ‘‘FAA systems specialists’’). 
(2) CONTENTS.—The study shall include— 
(A) a review of the current technical train-
ing strategy and improvement plan for FAA sys-
tems specialists; 
(B) recommendations to improve the tech-
nical training strategy and improvement plan 
needed by FAA systems specialists to be pro-
ficient in the maintenance of the latest tech-
nologies; 
(C) a description of actions that the Admin-
istration has undertaken to ensure that FAA sys-
tems specialists receive up-to-date training on 
the latest technologies; and 
(D) a recommendation regarding the most 
cost-effective approach to provide training to 
FAA systems specialists. 
(3) REPORT.—Not later than one year after the 
date of enactment of this Act, the Administrator shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
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(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 
(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
arrangements for the National Academy of Sciences to 
conduct a study of the assumptions and methods used 
by the Federal Aviation Administration to estimate 
staffing needs for FAA systems specialists to ensure 
proper maintenance and certification of the national 
airspace system in the most cost effective manner. 
(2) CONSULTATION.—In conducting the study, 
the National Academy of Sciences shall interview in-
terested parties, including labor, government, and in-
dustry representatives. 
(3) REPORT.—Not later than one year after the 
initiation of the arrangements under paragraph (1), 
the National Academy of Sciences shall submit to 
Congress a report on the results of the study. 
SEC. 604. SAFETY CRITICAL STAFFING. 
(a) IN GENERAL.—Not later than October 1, 2011, the 
Administrator of the Federal Aviation Administration shall 
implement, to the extent practicable and in a cost-effective 
manner, the staffing model for aviation safety inspectors 
developed pursuant to the National Academy of Sciences 
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218 
study entitled ‘‘Staffing Standards for Aviation Safety In-
spectors’’. In doing so, the Administrator shall consult with 
interested persons, including aviation safety inspectors. 
(b) REPORT.—Not later than October 1 of each fiscal 
year beginning after September 30, 2011, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, the staffing model described in subsection (a). 
(c) SAFETY CRITICAL POSITIONS DEFINED.—In this 
section, the term ‘‘safety critical positions’’ means— 
(1) aviation safety inspectors, safety technical 
specialists, and operational support positions in the 
Flight Standards Service (as such terms are used in 
the Administration’s fiscal year 2011 congressional 
budget justification); and 
(2) manufacturing safety inspectors, pilots, engi-
neers, chief scientific and technical advisors, safety 
technical specialists, and operational support posi-
tions in the Aircraft Certification Service (as such 
terms are used in the Administration’s fiscal year 
2011 congressional budget justification). 
SEC. 605. FAA AIR TRAFFIC CONTROLLER STAFFING. 
(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enactment of this 
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219 
Act, the Administrator of the Federal Aviation Administra-
tion shall enter into appropriate arrangements with the Na-
tional Academy of Sciences to conduct a study of the air 
traffic controller standards used by the Federal Aviation 
Administration (in this section referred to as the ‘‘FAA’’) 
to estimate staffing needs for FAA air traffic controllers to 
ensure the safe operation of the national airspace system 
in the most cost effective manner. 
(b) CONSULTATION.—In conducting the study, the Na-
tional Academy of Sciences shall interview interested par-
ties, including employee, Government, and industry rep-
resentatives. 
(c) CONTENTS.—The study shall include— 
(1) an examination of representative informa-
tion on productivity, human factors, traffic activity, 
and improved technology and equipment used in air 
traffic control; 
(2) an examination of recent National Academy 
of Sciences reviews of the complexity model performed 
by MITRE Corporation that support the staffing 
standards models for the en route air traffic control 
environment; and 
(3) consideration of the Administration’s current 
and estimated budgets and the most cost-effective 
staffing model to best leverage available funding. 
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(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the National Academy of Sciences 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 606. AIR TRAFFIC CONTROL SPECIALIST QUALIFICA-
TION TRAINING. 
Section 44506 is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALIFICA-
TION TRAINING.— 
‘‘(1) APPOINTMENT
OF
AIR
TRAFFIC
CONTROL 
SPECIALISTS.—The Administrator is authorized to 
appoint a qualified air traffic control specialist can-
didate for placement in an airport traffic control fa-
cility if the candidate has— 
‘‘(A) received a control tower operator cer-
tification (referred to in this subsection as a 
‘CTO’ certificate); and 
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