138 
2 arbitrators are unable to agree on the 
third person within 7 days, the parties shall 
make the selection by alternately striking 
names on the list until one arbitrator re-
mains. 
‘‘(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) COSTS.—The parties shall share 
costs of the arbitration equally. 
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139 
‘‘(3) RATIFICATION
OF
AGREEMENTS.—Upon 
reaching a voluntary agreement or at the conclusion 
of the binding arbitration under paragraph (2)(B), 
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 approval by the head of the agency in ac-
cordance with the provisions referred to in subsection 
(g)(2)(C). 
‘‘(4) ENFORCEMENT.— 
‘‘(A) ENFORCEMENT
ACTIONS
IN
UNITED 
STATES
COURTS.—Each United States district 
court and each United States court of a place 
subject to the jurisdiction of the United States 
shall have jurisdiction of enforcement actions 
brought under this section. Such an action may 
be brought in any judicial district in the State 
in which the violation of this section is alleged 
to have been committed, the judicial district in 
which the Federal Aviation Administration has 
its principal office, or the District of Columbia. 
‘‘(B) ATTORNEY FEES.—The court may as-
sess against the Federal Aviation Administration 
reasonable attorney fees and other litigation costs 
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140 
reasonably incurred in any case under this sec-
tion in which the complainant has substantially 
prevailed.’’. 
(b) APPLICATION.—On and after the date of enactment 
of this Act, any changes implemented by the Administrator 
of the Federal Aviation Administration on and after July 
10, 2005, under section 40122(a) of title 49, United States 
Code (as in effect on the day before such date of enactment), 
without the agreement of the exclusive bargaining represent-
ative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null 
and void and the parties shall be governed by their last 
mutual agreement before the implementation of such 
changes. The Administrator and the bargaining representa-
tive shall resume negotiations promptly, and, subject to sub-
section (c), their last mutual agreement shall be in effect 
until a new contract is adopted by the Administrator and 
the bargaining representative. If an agreement is not 
reached within 45 days after the date on which negotiations 
resume, the Administrator and the bargaining representa-
tive shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of 
title 5, United States Code, for binding arbitration in ac-
cordance with paragraphs (2)(B), (3), and (4) of section 
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141 
40122(a) of title 49, United States Code (as amended by 
subsection (a) of this section). 
(c) SAVINGS CLAUSE.—All cost of living adjustments 
and other pay increases, lump sum payments to employees, 
and leave and other benefit accruals implemented as part 
of the changes referred to in subsection (b) may not be re-
versed unless such reversal is part of the calculation of back 
pay under subsection (d). The Administrator shall waive 
any overpayment paid to, and not collect any funds for 
such overpayment, from former employees of the Adminis-
tration who received lump sum payments prior to their sep-
aration from the Administration. 
(d) BACK PAY.— 
(1) IN GENERAL.—Employees subject to changes 
referred to in subsection (b) that are determined to be 
null and void under subsection (b) shall be eligible for 
pay that the employees would have received under the 
last mutual agreement between the Administrator and 
the exclusive bargaining representative of such em-
ployees before the date of enactment of this Act and 
any changes were implemented without agreement of 
the bargaining representative. The Administrator 
shall pay the employees such pay subject to the avail-
ability of amounts appropriated to carry out this sub-
section. If the appropriated funds do not cover all 
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142 
claims of the employees for such pay, the Adminis-
trator and the bargaining representative, pursuant to 
negotiations conducted in accordance with section 
40122(a) of title 49, United States Code (as amended 
by subsection (a) of this section), shall determine the 
allocation of the appropriated funds among the em-
ployees on a pro rata basis. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $20,000,000 to 
carry out this subsection. 
(e) INTERIM AGREEMENT.—If the Administrator and 
the exclusive bargaining representative of the employees 
subject to the changes referred to in subsection (b) reach a 
final and binding agreement with respect to such changes 
before the date of enactment of this Act, such agreement 
shall supersede any changes implemented by the Adminis-
trator under section 40122(a) of title 49, United States 
Code (as in effect on the day before such date of enactment), 
without the agreement of the bargaining representative, and 
subsections (b) and (c) shall not take effect. 
SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOY-
EES. 
Section 40122(g)(3) of title 49, United States Code, is 
amended by adding at the end the following: ‘‘Notwith-
standing any other provision of law, retroactive to April 
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143 
1, 1996, the Board shall have the same remedial authority 
over such employee appeals that it had as of March 31, 
1996.’’. 
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study on the training of the airway trans-
portation systems specialists of the Federal Aviation 
Administration (in this section referred to as ‘‘FAA 
systems specialists’’). 
(2) CONTENTS.—The study shall— 
(A) include an analysis of the type of train-
ing provided to FAA systems specialists; 
(B) include an analysis of the type of train-
ing that FAA systems specialists need to be pro-
ficient on the maintenance of latest technologies; 
(C) include a description of actions that the 
Administration has undertaken to ensure that 
FAA systems specialists receive up-to-date train-
ing on the latest technologies; 
(D) identify the amount and cost of FAA 
systems specialists training provided by vendors; 
(E) identify the amount and cost of FAA 
systems specialists training provided by the Ad-
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144 
ministration after developing courses for the 
training of such specialists; 
(F) identify the amount and cost of travel 
that is required of FAA systems specialists in re-
ceiving training; and 
(G) include a recommendation regarding 
the most cost-effective approach to providing 
FAA systems specialists training. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and 
Infrastructure 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. 
(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 
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145 
proper maintenance and certification of the national 
airspace system. 
(2) CONTENTS.—The study shall be conducted so 
as to provide the following: 
(A) A suggested method of modifying FAA 
systems specialists staffing models for applica-
tion to current local conditions or applying some 
other approach to developing an objective staff-
ing standard. 
(B) The approximate cost and length of 
time for developing such models. 
(3) REPORT.—Not later than one year after the 
initiation of the arrangements under subsection (a), 
the National Academy of Sciences shall submit to 
Congress a report on the results of the study. 
SEC. 604. DESIGNEE PROGRAM. 
(a) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall sub-
mit 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 status of recommendations made by the Government 
Accountability Office in its October 2004 report, ‘‘Aviation 
Safety: FAA Needs to Strengthen Management of Its Des-
ignee Programs’’ (GAO–05–40). 
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146 
(b) CONTENTS.—The report shall include— 
(1) an assessment of the extent to which the Fed-
eral Aviation Administration has responded to rec-
ommendations of the Government Accountability Of-
fice referred to in subsection (a); 
(2) an identification of improvements, if any, 
that have been made to the designee programs referred 
to in the report of the Office as a result of such rec-
ommendations; and 
(3) an identification of further action that is 
needed to implement such recommendations, improve 
the Administration’s management control of the des-
ignee programs, and increase assurance that designees 
meet the Administration’s performance standards. 
SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPEC-
TORS. 
(a) IN GENERAL.—Not later than October 31, 2009, 
the Administrator of the Federal Aviation Administration 
shall develop a staffing model for aviation safety inspectors. 
In developing the model, the Administrator shall follow the 
recommendations outlined in the 2007 study released by the 
National Academy of Sciences entitled ‘‘Staffing Standards 
for Aviation Safety Inspectors’’ and consult with interested 
persons, including the exclusive collective bargaining rep-
resentative of the aviation safety inspectors. 
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147 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 606. SAFETY CRITICAL STAFFING. 
(a) AVIATION SAFETY INSPECTORS.—The Adminis-
trator of the Federal Aviation Administration shall increase 
the number of aviation safety inspectors in the Flight 
Standards Service to not less than— 
(1) ll full-time equivalent positions in fiscal 
year 2008; 
(2) ll full-time equivalent positions in fiscal 
year 2009; 
(3) ll full-time equivalent positions in fiscal 
year 2010; and 
(4) ll full-time equivalent positions in fiscal 
year 2011. 
(b) OPERATIONAL SUPPORT.—The Administrator shall 
increase the number of safety technical specialists and oper-
ational support positions in the Flight Standards Service 
to the levels necessary, as determined by the Administrator, 
to ensure the most efficient and cost-effective use of the avia-
tion safety inspectors authorized by subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
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148 
United States Code, there is authorized to be appropriated 
to carry out subsections (a) and (b)— 
(1) $58,000,000 for fiscal year 2008; 
(2) $134,000,000 for fiscal year 2009; 
(3) $170,000,000 for fiscal year 2010; and 
(4) $208,000,000 for fiscal year 2011. 
Such sums shall remain available until expended. 
(d) IMPLEMENTATION
OF STAFFING STANDARDS.— 
Notwithstanding any other provision of this section, upon 
completion of the flight standards service staffing model 
pursuant to section 604 of this Act, and validation of the 
model by the Administrator, there are authorized to be ap-
propriated such sums as may be necessary to support the 
number of aviation safety inspectors, safety technical spe-
cialists, and operation support positions that such model 
determines are required to meet the responsibilities of the 
Flight Standards Service. 
SEC. 607. CENTER FOR EXCELLENCE IN AVIATION EMPLOY-
MENT. 
(a) ESTABLISHMENT.—The Administrator of the Fed-
eral Aviation Administration shall establish a Center for 
Excellence in Aviation Employment (in this section referred 
to as the ‘‘Center’’). 
(b) APPLIED RESEARCH AND TRAINING.—The Center 
shall conduct applied research and training on— 
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