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SEC. 402. NOTICE TO COMMUNITIES PRIOR TO TERMI-
NATION OF ELIGIBILITY FOR SUBSIDIZED ES-
SENTIAL AIR SERVICE. 
Section 41733 is amended by adding at the end the 
following: 
‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMI-
NATION OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
each community receiving basic essential air service 
for which compensation is being paid under this sub-
chapter on or before the 45th day before issuing any 
final decision to end the payment of such compensa-
tion due to a determination by the Secretary that 
providing such service requires a rate of subsidy per 
passenger in excess of the subsidy cap. 
‘‘(2) PROCEDURES TO AVOID TERMINATION.— 
The Secretary shall establish, by order, procedures 
by which each community notified of an impending 
loss of subsidy under paragraph (1) may work di-
rectly with an air carrier to ensure that the air car-
rier is able to submit a proposal to the Secretary to 
provide essential air service to such community for 
an amount of compensation that would not exceed 
the subsidy cap. 
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‘‘(3) ASSISTANCE
PROVIDED.—The Secretary 
shall provide, by order, to each community notified 
under paragraph (1) information regarding— 
‘‘(A) the procedures established pursuant 
to paragraph (2); and 
‘‘(B) the maximum amount of compensa-
tion that could be provided under this sub-
chapter to an air carrier serving such commu-
nity that would comply with the subsidy cap. 
‘‘(4) SUBSIDY
CAP
DEFINED.—In this sub-
section, the term ‘subsidy cap’ means the subsidy 
cap established by section 332 of Public Law 106– 
69 (113 Stat. 1022).’’. 
SEC. 403. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES. 
(a) 
COMPENSATION
GUIDELINES.—Section 
41737(a)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) in subparagraph (C) by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) include provisions under which the Sec-
retary may encourage an air carrier to improve air 
service for which compensation is being paid under 
this subchapter by incorporating financial incentives 
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in an essential air service contract based on specified 
performance goals, including goals related to improv-
ing on-time performance, reducing the number of 
flight cancellations, establishing convenient connec-
tions to flights providing service beyond hub air-
ports, and increasing marketing efforts; and 
‘‘(E) include provisions under which the Sec-
retary may execute a long-term essential air service 
contract to encourage an air carrier to provide air 
service to an eligible place if it would be in the pub-
lic interest to do so.’’. 
(b) DEADLINE FOR ISSUANCE OF REVISED GUID-
ANCE.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Transportation shall 
issue revised guidelines governing the rate of compensa-
tion payable under subchapter II of chapter 417 of title 
49, United States Code, that incorporate the amendments 
made by this section. 
(c) REPORT.—Not later than 2 years after the date 
of issuance of revised guidelines pursuant to subsection 
(b), the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the extent 
to which the revised guidelines have been implemented and 
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HR 658 RDS 
the impact, if any, such implementation has had on air 
carrier performance and community satisfaction with air 
service for which compensation is being paid under sub-
chapter II of chapter 417 of title 49, United States Code. 
SEC. 404. ESSENTIAL AIR SERVICE REFORM. 
(a) 
AUTHORIZATION.—Section 
41742(a)(1) 
is 
amended— 
(1) by striking ‘‘the sum of $50,000,000 is’’ 
and inserting ‘‘the following sums are’’; and 
(2) by striking ‘‘subchapter for each fiscal 
year.’’ and inserting ‘‘subchapter: 
‘‘(A) $50,000,000 for each fiscal year 
through fiscal year 2013. 
‘‘(B) The amount necessary, as determined 
by the Secretary, to carry out the essential air 
service program in Alaska and Hawaii for fiscal 
year 2014 and each fiscal year thereafter.’’. 
(b) ADDITIONAL FUNDS.—Section 41742(a)(2) is 
amended by striking ‘‘there is authorized to be appro-
priated $77,000,000 for each fiscal year’’ and inserting 
‘‘there is authorized to be appropriated out of the Airport 
and Airway Trust Fund established under section 9502 
of the Internal Revenue Code of 1986 $97,500,000 for 
fiscal year 2011, $60,000,000 for fiscal year 2012, and 
$30,000,000 for fiscal year 2013’’. 
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(c) ADMINISTERING PROGRAM WITHIN AVAILABLE 
FUNDING.—Section 41742(b) is amended to read as fol-
lows: 
‘‘(b) ADMINISTERING PROGRAM WITHIN AVAILABLE 
FUNDING.—Notwithstanding any other provision of law, 
the Secretary is authorized to take such actions as may 
be necessary to administer the essential air service pro-
gram under this subchapter within the amount of funding 
made available for the program.’’. 
SEC. 405. SMALL COMMUNITY AIR SERVICE. 
(a) PRIORITIES.—Section 41743(c)(5) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) in subparagraph (E) by striking ‘‘fashion.’’ 
and inserting ‘‘fashion; and’’; and 
(3) by adding at the end the following: 
‘‘(F) multiple communities cooperate to 
submit a regional or multistate application to 
consolidate air service into one regional air-
port.’’. 
(b) AUTHORITY TO MAKE AGREEMENTS.—Section 
41743(e) is amended to read as follows: 
‘‘(e) AUTHORITY TO MAKE AGREEMENTS.—Subject 
to the availability of amounts made available under section 
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41742(a)(4)(A), the Secretary may make agreements to 
provide assistance under this section.’’. 
SEC. 406. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS. 
(a) 
EMERGENCY
ACROSS-THE-BOARD
ADJUST-
MENT.—Subject to the availability of funds, the Secretary 
of Transportation may increase the rates of compensation 
payable to air carriers under subchapter II of chapter 417 
of title 49, United States Code, to compensate such car-
riers for increased aviation fuel costs without regard to 
any agreement or requirement relating to the renegoti-
ation of contracts or any notice requirement under section 
41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO IN-
DIVIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) is amend-
ed by striking ‘‘continue to pay’’ and all that follows 
through ‘‘compensation sufficient’’ and inserting 
‘‘provide the carrier with compensation sufficient’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to compensation to air 
carriers for air service provided after the 30th day 
following the date of enactment of this Act. 
(c) SUBSIDY CAP.—Subject to the availability of 
funds, the Secretary may waive, on a case-by-case basis, 
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the subsidy-per-passenger cap established by section 332 
of Public Law 106–69 (113 Stat. 1022). A waiver issued 
under this subsection shall remain in effect for a limited 
period of time, as determined by the Secretary. 
SEC. 407. REPEAL OF EAS LOCAL PARTICIPATION PRO-
GRAM. 
Section 41747, and the item relating to section 
41747 in the analysis for chapter 417, are repealed. 
SEC. 408. SUNSET OF ESSENTIAL AIR SERVICE PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41749. Sunset 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the authority of the Secretary of Transportation to 
carry out the essential air service program under this sub-
chapter shall sunset on October 1, 2013. 
‘‘(b) ALASKA AND HAWAII.—The Secretary may con-
tinue to carry out the essential air service program under 
this subchapter in Alaska and Hawaii following the sunset 
date specified in subsection (a).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 417 is amended by inserting after the item relat-
ing to section 41748 the following: 
‘‘41749. Sunset.’’. 
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Subtitle B—Passenger Air Service 
Improvements 
SEC. 421. SMOKING PROHIBITION. 
(a) IN GENERAL.—Section 41706 is amended— 
(1) in the section heading by striking ‘‘sched-
uled’’ and inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND 
INTRASTATE AIR TRANSPORTATION.—An individual may 
not smoke— 
‘‘(1) in an aircraft in scheduled passenger inter-
state or intrastate air transportation; or 
‘‘(2) in an aircraft in nonscheduled passenger 
interstate or intrastate air transportation, if a flight 
attendant is a required crewmember on the aircraft 
(as determined by the Administrator of the Federal 
Aviation Administration). 
‘‘(b) SMOKING
PROHIBITION
IN
FOREIGN
AIR 
TRANSPORTATION.—The Secretary of Transportation 
shall require all air carriers and foreign air carriers to pro-
hibit smoking— 
‘‘(1) in an aircraft in scheduled passenger for-
eign air transportation; and 
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‘‘(2) in an aircraft in nonscheduled passenger 
foreign air transportation, if a flight attendant is a 
required crewmember on the aircraft (as determined 
by the Administrator or a foreign government).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 417 is amended by striking the item relating to section 
41706 and inserting the following: 
‘‘41706. Prohibitions against smoking on passenger flights.’’. 
SEC. 422. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by 
adding at the end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall 
require an air carrier referred to in paragraph (2) 
to file with the Secretary a monthly report on each 
flight of the air carrier that is diverted from its 
scheduled destination to another airport and each 
flight of the air carrier that departs the gate at the 
airport at which the flight originates but is cancelled 
before wheels-off time. 
‘‘(2) APPLICABILITY.—An air carrier that is re-
quired to file a monthly airline service quality per-
formance report pursuant to part 234 of title 14, 
Code of Federal Regulations, shall be subject to the 
requirement of paragraph (1). 
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‘‘(3) CONTENTS.—A monthly report filed by an 
air carrier under paragraph (1) shall include, at a 
minimum, the following information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted 
flight; 
‘‘(ii) the scheduled destination of the 
flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight 
was diverted; 
‘‘(v) wheels-on time at the diverted 
airport; 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and 
‘‘(vii) if the flight arrives at the sched-
uled destination airport— 
‘‘(I) the gate-departure time at 
the diverted airport; 
‘‘(II) the wheels-off time at the 
diverted airport; 
‘‘(III) the wheels-on time at the 
scheduled arrival airport; and 
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SEC. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASH-
INGTON NATIONAL AIRPORT. 
(a) 
BEYOND-PERIMETER
EXEMPTIONS.—Section 
41718(a) is amended— 
(1) by striking ‘‘Secretary’’ the first place it ap-
pears and inserting ‘‘Secretary of Transportation’’; 
and 
(2) by striking ‘‘24’’ and inserting ‘‘34’’. 
(b) LIMITATIONS.—Section 41718(c)(2) is amended 
by striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 
(c) SLOTS.—Section 41718(c) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SLOTS.—The Secretary shall reduce the 
hourly air carrier slot quota for Ronald Reagan 
Washington 
National 
Airport 
under 
section 
93.123(a) of title 14, Code of Federal Regulations, 
by a total of 10 slots that are available for alloca-
tion. Such reductions shall be taken in the 6:00 
a.m., 10:00 p.m., or 11:00 p.m. hours, as deter-
mined by the Secretary, in order to grant exemp-
tions under subsection (a).’’. 
(d) SCHEDULING
PRIORITY.—Section 41718 is 
amended— 
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(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be provided a scheduling priority over oper-
ations conducted by other air carriers granted exemptions 
pursuant to this section, with the highest scheduling pri-
ority provided to beyond-perimeter operations conducted 
by the new entrant air carriers and limited incumbent air 
carriers.’’. 
SEC. 424. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41724. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a violin, guitar, or 
other musical instrument in the aircraft cabin if— 
‘‘(A) the instrument can be stowed safely 
in a suitable baggage compartment in the air-
craft cabin or under a passenger seat, in ac-
cordance with the requirements for carriage of 
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carry-on baggage or cargo established by the 
Administrator; and 
‘‘(B) there is space for such stowage at the 
time the passenger boards the aircraft. 
‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a musical instru-
ment that is too large to meet the requirements of 
paragraph (1) in the aircraft cabin if— 
‘‘(A) the instrument is contained in a case 
or covered so as to avoid injury to other pas-
sengers; 
‘‘(B) the weight of the instrument, includ-
ing the case or covering, does not exceed 165 
pounds or the applicable weight restrictions for 
the aircraft; 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo established by the 
Administrator; 
‘‘(D) neither the instrument nor the case 
contains any object not otherwise permitted to 
be carried in an aircraft cabin because of a law 
or regulation of the United States; and 
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‘‘(E) the passenger wishing to carry the in-
strument in the aircraft cabin has purchased an 
additional seat to accommodate the instrument. 
‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG-
GAGE.—An air carrier shall transport as baggage a 
musical instrument that is the property of a pas-
senger traveling in air transportation that may not 
be carried in the aircraft cabin if— 
‘‘(A) the sum of the length, width, and 
height measured in inches of the outside linear 
dimensions of the instrument (including the 
case) does not exceed 150 inches or the applica-
ble size restrictions for the aircraft; 
‘‘(B) the weight of the instrument does not 
exceed 165 pounds or the applicable weight re-
strictions for the aircraft; and 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo established by the 
Administrator. 
‘‘(b) REGULATIONS.—Not later than 2 years after 
the date of enactment of this section, the Secretary shall 
issue final regulations to carry out subsection (a). 
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‘‘(c) EFFECTIVE DATE.—The requirements of this 
section shall become effective on the date of issuance of 
the final regulations under subsection (b).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such subchapter is amended by adding at the end the fol-
lowing: 
‘‘41724. Musical instruments.’’. 
SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—PASSENGER AIR SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT 
PLANS.—Not later than 90 days after the date of enact-
ment of this section, each of the following air carriers and 
airport operators shall submit to the Secretary of Trans-
portation for review and approval an emergency contin-
gency plan in accordance with the requirements of this 
section: 
‘‘(1) An air carrier providing covered air trans-
portation at a large hub or medium hub airport. 
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‘‘(2) An operator of a large hub or medium hub 
airport. 
‘‘(3) An operator of an airport used by an air 
carrier described in paragraph (1) for diversions. 
‘‘(b) AIR CARRIER PLANS.— 
‘‘(1) PLANS
FOR
INDIVIDUAL
AIRPORTS.—An 
air carrier shall submit an emergency contingency 
plan under subsection (a) for— 
‘‘(A) each large hub and medium hub air-
port at which the carrier provides covered air 
transportation; and 
‘‘(B) each large hub and medium hub air-
port at which the carrier has flights for which 
the carrier has primary responsibility for inven-
tory control. 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
carrier will— 
‘‘(A) provide food, potable water, restroom 
facilities, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal; 
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the operator under subsection (a) every 5 years and 
submit the update to the Secretary for review and 
approval. 
‘‘(e) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of the receipt of an emergency contin-
gency plan submitted under subsection (a) or an up-
date submitted under subsection (d), the Secretary 
shall review and approve or, if necessary, require 
modifications to the plan or update to ensure that 
the plan or update will effectively address emer-
gencies and provide for the health and safety of pas-
sengers. 
‘‘(2) FAILURE TO APPROVE OR REQUIRE MODI-
FICATIONS.—If the Secretary fails to approve or re-
quire modifications to a plan or update under para-
graph (1) within the timeframe specified in that 
paragraph, the plan or update shall be deemed to be 
approved. 
‘‘(3) ADHERENCE REQUIRED.—An air carrier 
or airport operator shall adhere to an emergency 
contingency plan of the carrier or operator approved 
under this section. 
‘‘(f) MINIMUM STANDARDS.—The Secretary may es-
tablish, as necessary or desirable, minimum standards for 
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elements in an emergency contingency plan required to be 
submitted under this section. 
‘‘(g) PUBLIC ACCESS.—An air carrier or airport op-
erator required to submit an emergency contingency plan 
under this section shall ensure public access to the plan 
after its approval under this section on the Internet Web 
site of the carrier or operator or by such other means as 
determined by the Secretary. 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) COVERED
AIR
TRANSPORTATION.—The 
term ‘covered air transportation’ means scheduled or 
public charter passenger air transportation provided 
by an air carrier that operates an aircraft that as 
originally designed has a passenger capacity of 30 or 
more seats. 
‘‘(2) TARMAC DELAY.—The term ‘tarmac delay’ 
means the period during which passengers are on 
board an aircraft on the tarmac— 
‘‘(A) awaiting takeoff after the aircraft 
doors have been closed or after passengers have 
been boarded if the passengers have not been 
advised they are free to deplane; or 
‘‘(B) awaiting deplaning after the aircraft 
has landed. 
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‘‘§ 42302. Consumer complaints 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a consumer complaints toll-free hotline tele-
phone number for the use of passengers in air transpor-
tation and shall take actions to notify the public of— 
‘‘(1) that telephone number; and 
‘‘(2) the Internet Web site of the Aviation Con-
sumer Protection Division of the Department of 
Transportation. 
‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.— 
An air carrier or foreign air carrier providing scheduled 
air transportation using any aircraft that as originally de-
signed has a passenger capacity of 30 or more passenger 
seats shall include on the Internet Web site of the car-
rier— 
‘‘(1) the hotline telephone number established 
under subsection (a); 
‘‘(2) the email address, telephone number, and 
mailing address of the air carrier for the submission 
of complaints by passengers about air travel service 
problems; and 
‘‘(3) the Internet Web site and mailing address 
of the Aviation Consumer Protection Division of the 
Department of Transportation for the submission of 
complaints by passengers about air travel service 
problems. 
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‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCU-
MENTATION.—An air carrier or foreign air carrier pro-
viding scheduled air transportation using any aircraft that 
as originally designed has a passenger capacity of 30 or 
more passenger seats shall include the hotline telephone 
number established under subsection (a) on— 
‘‘(1) prominently displayed signs of the carrier 
at the airport ticket counters in the United States 
where the air carrier operates; and 
‘‘(2) any electronic confirmation of the pur-
chase of a passenger ticket for air transportation 
issued by the air carrier. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED
ON
THE 
INTERNET.—The Secretary of Transportation shall estab-
lish, and make available to the general public, an Internet 
Web site that contains a listing of countries that may re-
quire an air carrier or foreign air carrier to treat an air-
craft passenger cabin with insecticides prior to a flight in 
foreign air transportation to that country or to apply an 
aerosol insecticide in an aircraft cabin used for such a 
flight when the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign air carrier, or ticket agent selling, in the United 
States, a ticket for a flight in foreign air transportation 
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to a country listed on the Internet Web site established 
under subsection (a) shall refer the purchaser of the ticket 
to the Internet Web site established under subsection (a) 
for additional information.’’. 
(b) PENALTIES.—Section 46301 is amended in sub-
sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 
423,’’ after ‘‘chapter 421,’’. 
(c) APPLICABILITY OF REQUIREMENTS.—Except as 
otherwise provided, the requirements of chapter 423 of 
title 49, United States Code, as added by this section, 
shall begin to apply 60 days after the date of enactment 
of this Act. 
(d) CLERICAL AMENDMENT.—The analysis for sub-
title VII is amended by inserting after the item relating 
to chapter 421 the following: 
‘‘423. Passenger Air Service Improvements ............................................. 42301’’. 
SEC. 426. AIRFARES FOR MEMBERS OF THE ARMED 
FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,450,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the mem-
bers of the Armed Forces, many of whom are in 
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grave danger due to their engagement in, or expo-
sure to, combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under 
very stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order 
to visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) all United States commercial air carriers 
should seek to lend their support with flexible, gen-
erous policies applicable to members of the Armed 
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 
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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. 
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 
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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 
number 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; 
(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. 
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(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Inspector General shall sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, 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 enact-
ment of this Act, and every 2 years thereafter, the Sec-
retary of Transportation shall evaluate the amount pro-
vided 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. 
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 
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(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 
carriers 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 Fed-
eral 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 
departure and arrival rate for such hour at such air-
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 
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States Code, on a voluntary basis, the number of such op-
erations so as not to exceed the maximum departure and 
arrival rate. 
(b) NO AGREEMENT.—If the air carriers partici-
pating in a meeting with respect to an airport under sub-
section (a) are not able to agree to a reduction in the num-
ber of flights to and from the airport so as not to exceed 
the maximum departure and arrival rate, the Adminis-
trator 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; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
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(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 
Federal Aviation Administration, in consultation with in-
terested parties, shall conduct a study of operators regu-
lated under part 135 of title 14, Code of Federal Regula-
tions. 
(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 
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 study conducted under sub-
section (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 
communications in an aircraft during a flight in scheduled 
passenger air transportation where currently permitted by 
foreign governments in foreign air transportation. 
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(b) CONTENTS.—The study shall include— 
(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 require-
ments of this section, except as provided in sub-
paragraph (B). 
‘‘(B) WITHDRAWAL
OF
EXEMPTION.—If 
the Director determines that an air tour man-
agement plan or voluntary agreement is nec-
essary to protect park resources and values or 
park visitor use and enjoyment, the Director 
shall withdraw the exemption of a park under 
subparagraph (A). 
‘‘(C) LIST OF PARKS.— 
‘‘(i) IN GENERAL.—The Director and 
Administrator shall jointly publish a list 
each year of national parks that are cov-
ered by the exemption provided under this 
paragraph. 
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‘‘(ii) NOTIFICATION OF WITHDRAWAL 
OF
EXEMPTION.—The Director shall in-
form the Administrator, in writing, of each 
determination 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 sub-
mit to the Administrator and the Director a re-
port each year that includes the number of 
commercial 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 
agreement with a commercial air tour operator 
(including a new entrant commercial air tour 
operator and an operator that has interim oper-
ating authority) that has applied to conduct 
commercial air tour operations over a national 
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park to 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 agree-
ment under this paragraph and shall consult 
with any Indian tribe whose tribal lands are, or 
may be, flown over by a commercial air tour op-
erator under a voluntary agreement under this 
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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 pro-
vided to the Administrator and the Direc-
tor 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 sys-
tem; and 
‘‘(iii) the Director agrees, based on 
the Director’s professional expertise re-
garding the protection of park resources 
and values and visitor use and enjoy-
ment.’’. 
(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: 
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‘‘(d) COMMERCIAL
AIR
TOUR
OPERATOR
RE-
PORTS.— 
‘‘(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 agree-
ment under subsection (b) shall submit to the Ad-
ministrator and the Director a report regarding the 
number of commercial air tour operations over each 
national park that are conducted by the operator 
and such other information as the Administrator 
and Director may request in order to facilitate ad-
ministering 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 re-
ports shall be submitted to the Administrator and 
the Director with a frequency and in a format pre-
scribed by the Administrator and the Director.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is 
amended— 
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(1) in the first sentence by striking ‘‘prescribe 
regulations’’ and inserting ‘‘issue guidance’’; and 
(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 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and 
local environmental policy acts, Executive orders, agency 
regulations and guidance, and other Federal environ-
mental requirements’’. 
(c) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
‘‘(d) ENVIRONMENTAL ANALYSIS
AND COORDINA-
TION REQUIREMENTS.—A Federal agency, other than the 
Federal Aviation Administration, that is responsible for 
issuing an approval, license, or permit to ensure compli-
ance 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; 
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‘‘(2) use the environmental analysis prepared by 
the State for the project or activity if such analysis 
is adequate; and 
‘‘(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 environ-
mental efficiency projects’’. 
(b) AVIATION PROJECTS SUBJECT TO A STREAM-
LINED
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 coordinated and expedited environmental re-
view process requirements set forth in this section: 
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‘‘(A) An airport capacity enhancement 
project at a congested airport. 
‘‘(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
EFFI-
CIENCY 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
RE-
VIEWS.—Section 47171(c)(1) is amended by striking ‘‘an 
airport capacity enhancement project at a congested air-
port’’ and inserting ‘‘a project described in subsection 
(b)(1)’’. 
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HR 658 RDS 
(d) IDENTIFICATION
OF
JURISDICTIONAL
AGEN-
CIES.—Section 47171(d) is amended by striking ‘‘each 
airport capacity enhancement project at a congested air-
port’’ and inserting ‘‘a project described in subsection 
(b)(1)’’. 
(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 
described in subsection (b)(1)’’. 
(g) DEFINITIONS.—Section 47171 is amended by 
adding at the end the following: 
‘‘(n) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CONGESTED
AIRPORT.—The term ‘con-
gested 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. 
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‘‘(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 
‘‘(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 
implementation of automated flight paths, air-
space 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— 
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‘‘(1) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with an airport development project; 
‘‘(2) to conduct special environmental studies 
related to an airport project funded with Federal 
funds; 
‘‘(3) to conduct special studies or reviews to 
support approved noise compatibility measures de-
scribed in part 150 of title 14, Code of Federal Reg-
ulations; 
‘‘(4) to conduct special studies or reviews to 
support environmental mitigation in a record of deci-
sion or finding of no significant impact by the Fed-
eral 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 
required 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 
subparagraph (D); 
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(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, envi-
ronmental evaluation, and economic and feasibility 
studies), jointly with neighboring local jurisdictions 
undertaking community redevelopment in an area in 
which land or other property interests have been ac-
quired by the operator pursuant to this section, to 
encourage and enhance redevelopment opportunities 
that reflect zoning and uses that will prevent the in-
troduction of additional incompatible uses and en-
hance redevelopment 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 pro-
posals to implement flight procedures at such airport 
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that have been approved as part of an airport noise 
compatibility program under subsection (b). 
‘‘(2) ADDITIONAL STAFF.—The Administrator 
may accept funds from an airport operator, includ-
ing funds provided to the operator under paragraph 
(1), to hire additional staff or obtain the services of 
consultants in order to facilitate the timely proc-
essing, review, and completion of environmental ac-
tivities associated with proposals to implement flight 
procedures at such airport that have been approved 
as part of an airport noise compatibility program 
under subsection (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.’’. 
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SEC. 507. DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL 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 
acquire 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 
market value of the real property caused by the project 
for which the property is to be acquired, or by the likeli-
hood that the property would be acquired for the project, 
other than that due to physical deterioration within the 
reasonable 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, 2016, a person may not 
operate a civil subsonic jet airplane with a maximum 
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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 CONTIG-
UOUS STATES.—Subsection (a) shall not apply to aircraft 
operated only outside the 48 contiguous States. 
‘‘(c) TEMPORARY OPERATIONS.—The Secretary may 
allow temporary operation of an aircraft otherwise prohib-
ited from operation under subsection (a) to or from an 
airport in the contiguous United States by granting a spe-
cial flight authorization for one or more of the following 
circumstances: 
‘‘(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 
maintenance facility located in the contiguous 48 
States. 
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‘‘(5) To deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the air-
craft 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 
weather, mechanical, fuel, air traffic control, or 
other safety 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 
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by the Federal Aviation Administration, or to be 
made by the Administration, with respect to applica-
tions under part 161 of title 14, Code of Federal 
Regulations, that were pending on the date of enact-
ment 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’’. 
(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-
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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 
Administration 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 
environmental benefits, as measured by the amount of re-
duced fuel, reduced emissions, or other environmental ben-
efits 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-
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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 consensus- 
based fashion is inconsistent with the Convention on 
International Civil Aviation, completed in Chicago on 
December 7, 1944 (TIAS 1591; commonly known as 
the ‘‘Chicago Convention’’), and other relevant air 
services agreements and antithetical to building 
international cooperation to address effectively the 
problem of greenhouse gas emissions by aircraft en-
gaged in international civil aviation; 
(2) the European Union and its member states 
should instead work with other contracting states of 
ICAO to develop a consensual approach to address-
ing aircraft greenhouse gas emissions through 
ICAO; and 
(3) officials the United States Government, and 
particularly the Secretary of Transportation and the 
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Administrator of the Federal Aviation Administra-
tion, should use all political, diplomatic, and legal 
tools at the disposal of the United States to ensure 
that the European Union’s emissions trading scheme 
is not applied to aircraft registered by the United 
States or the operators of those aircraft, including 
the mandates that United States carriers provide 
emissions data to and purchase emissions allowances 
from or surrender emissions allowances to the Euro-
pean Union Member States. 
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 regard-
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ing 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. 
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 Fed-
eral Mediation and Conciliation Service to 
attempt to reach such agreement in ac-
cordance with part 1425 of title 29, Code 
of Federal Regulations (as in effect on the 
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date of enactment of the FAA Reauthor-
ization 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- 
bargaining agreement, the Federal Service Im-
passes Panel shall assist the parties in resolving 
the impasse in accordance with section 7119 of 
title 5. 
‘‘(C) BINDING
ARBITRATION
FOR
TERM 
BARGAINING.— 
‘‘(i) 
ASSISTANCE
FROM
FEDERAL 
SERVICE 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 con-
troversy arising from the negotiation of a 
term collective-bargaining agreement, the 
Administrator and the exclusive bargaining 
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representative of the employees (in this 
subparagraph 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 impasse 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 
Director of the Federal Mediation and 
Conciliation 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 select one person from the list. 
The 2 arbitrators selected by the parties 
shall then select a third person from the 
list not later than 7 days after being se-
lected. If either of the parties fails to select 
a person or if the 2 arbitrators are unable 
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to agree on the third person in 7 days, the 
parties shall make the selection by alter-
nately 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 
conclusive and binding upon the parties. 
‘‘(vi) 
MATTERS
FOR
CONSIDER-
ATION.—The arbitration board shall take 
into consideration such factors as— 
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‘‘(I) the effect of its arbitration 
decisions on the Federal Aviation Ad-
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 
consideration 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 de-
cided by an arbitration board, shall be subject to 
ratification by the exclusive bargaining representa-
tive of the employees, if so requested by the bar-
gaining representative, and the final agreement shall 
be subject to approval by the head of the agency in 
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accordance with the provisions referred to in sub-
section (g)(2)(C).’’. 
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM. 
Section 40122(g)(2) is amended— 
(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 Distin-
guished Senior Professional rank awards), ex-
cept that— 
‘‘(i) for purposes of applying such 
provisions to the personnel management 
system— 
‘‘(I) the term ‘agency’ means the 
Department of Transportation; 
‘‘(II) the term ‘senior executive’ 
means a Federal Aviation Administra-
tion executive; 
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‘‘(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 
profes-
sional; 
‘‘(ii) receipt by a career appointee or 
a senior career employee of the rank of 
Meritorious Executive or Meritorious Sen-
ior Professional entitles the individual to a 
lump-sum payment of an amount equal to 
20 percent of annual basic pay, which shall 
be in addition to the basic pay paid under 
the Federal Aviation Administration Exec-
utive Compensation Plan; and 
‘‘(iii) receipt by a career appointee or 
a senior career employee of the rank of 
Distinguished Executive or Distinguished 
Senior Professional entitles the individual 
to a lump-sum payment of an amount 
equal to 35 percent of annual basic pay, 
which shall be in addition to the basic pay 
paid under the Federal Aviation Adminis-
tration Executive Compensation Plan.’’. 
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HR 658 RDS 
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall conduct a 
study to assess the adequacy of the Administrator’s 
technical training strategy and improvement plan for 
airway transportation systems specialists (in this 
section referred 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 
systems 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 Ad-
ministration has undertaken to ensure that 
FAA systems 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 1 year after the 
date of enactment of this Act, the Administrator 
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HR 658 RDS 
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 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 esti-
mate 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 
industry representatives. 
(3) REPORT.—Not later than 1 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. 
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HR 658 RDS 
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 in-
spectors developed pursuant to the National Academy of 
Sciences study entitled ‘‘Staffing Standards for Aviation 
Safety Inspectors’’. 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 Adminis-
trator 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, 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, en-
gineers, chief scientific and technical advisors, safety 
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HR 658 RDS 
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 
Act, the Administrator of the Federal Aviation Adminis-
tration shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of the 
air traffic controller standards used by the Federal Avia-
tion 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 air-
space system in the most cost effective manner. 
(b) CONSULTATION.—In conducting the study, the 
National Academy of Sciences shall interview interested 
parties, including employee, Government, and industry 
representatives. 
(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; 
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(2) an examination of recent National Academy 
of Sciences reviews of the complexity model per-
formed by MITRE Corporation that support the 
staffing standards models for the en route air traffic 
control environment; and 
(3) consideration of the Administration’s cur-
rent and estimated budgets and the most cost-effec-
tive staffing model to best leverage available fund-
ing. 
(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 Infrastructure of the House of Representatives and 
the Committee 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 sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALIFICA-
TION TRAINING.— 
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HR 658 RDS 
‘‘(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 
‘‘(B) satisfied all other applicable qualifica-
tion requirements for an air traffic control spe-
cialist position. 
‘‘(2) COMPENSATION AND BENEFITS.—An indi-
vidual appointed under paragraph (1) shall receive 
the same compensation and benefits, and be treated 
in the same manner as, any other individual ap-
pointed as a developmental air traffic controller. 
‘‘(3) REPORT.—Not later than 18 months after 
the date of enactment of the FAA Reauthorization 
and Reform Act of 2011, the Administrator shall 
submit to Congress a report that evaluates the effec-
tiveness of the air traffic control specialist qualifica-
tion training provided pursuant to this section, in-
cluding the graduation rates of candidates who re-
ceived a CTO certificate and are working in airport 
traffic control facilities. 
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HR 658 RDS 
‘‘(4) ADDITIONAL APPOINTMENTS.—If the Ad-
ministrator determines that air traffic control spe-
cialists appointed pursuant to this subsection are 
more successful in carrying out the duties of an air 
traffic controller than air traffic control specialists 
hired from the general public without any such cer-
tification, the Administrator shall increase the num-
ber of appointments of candidates who possess such 
certification. 
‘‘(5) REIMBURSEMENT FOR TRAVEL EXPENSES 
ASSOCIATED WITH CERTIFICATIONS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Administrator may accept reim-
bursement from an educational entity that pro-
vides training to an air traffic control specialist 
candidate to cover reasonable travel expenses of 
the Administrator associated with issuing cer-
tifications to such candidates. 
‘‘(B) 
TREATMENT
OF
REIMBURSE-
MENTS.—Notwithstanding section 3302 of title 
31, any reimbursement authorized to be col-
lected under subparagraph (A) shall— 
‘‘(i) be credited as offsetting collec-
tions to the account that finances the ac-
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HR 658 RDS 
tivities and services for which the reim-
bursement is accepted; 
‘‘(ii) be available for expenditure only 
to pay the costs of activities and services 
for which the reimbursement is accepted, 
including all costs associated with col-
lecting such reimbursement; and 
‘‘(iii) 
remain 
available 
until 
ex-
pended.’’. 
SEC. 607. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study to assess the 
adequacy of training programs for air traffic controllers, 
including the Administrator’s technical training strategy 
and improvement plan for air traffic controllers. 
(b) CONTENTS.—The study shall include— 
(1) a review of the current training system for 
air traffic controllers, including the technical train-
ing strategy and improvement plan; 
(2) an analysis of the competencies required of 
air traffic controllers for successful performance in 
the current and future projected air traffic control 
environment; 
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HR 658 RDS 
(3) an analysis of the competencies projected to 
be required of air traffic controllers as the Federal 
Aviation Administration transitions to the Next Gen-
eration Air Transportation System; 
(4) an analysis of various training approaches 
available to satisfy the controller competencies iden-
tified under paragraphs (2) and (3); 
(5) recommendations to improve the current 
training system for air traffic controllers, including 
the technical training strategy and improvement 
plan; and 
(6) the most cost-effective approach to provide 
training to air traffic controllers. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, 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 study. 
SEC. 608. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Comptroller General shall conduct 
a study on training options for graduates of the Collegiate 
Training Initiative program (in this section referred to as 
‘‘CTI’’ programs) conducted under section 44506(c) of 
title 49, United States Code. 
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‘‘(B) PUBLICATION
IN
FEDERAL
REG-
ISTER; TRANSMITTAL TO CONGRESS.—Not later 
than 60 days after the date of receipt of the 
Administrator’s recommendations under sub-
section (c), the Board shall publish the report 
in the Federal Register and transmit the report 
to the congressional committees of interest. 
‘‘(3) ASSISTANCE
OF
COMPTROLLER
GEN-
ERAL.—The Comptroller General shall assist the 
Board, to the extent requested by the Board, in the 
Board’s review and analysis of the Administrator’s 
recommendations. 
‘‘(e) REALIGNMENT AND CONSOLIDATION OF FAA 
SERVICES AND FACILITIES.—Subject to subsection (f), 
the Administrator shall— 
‘‘(1) realign or consolidate the FAA services 
and facilities recommended for realignment or con-
solidation by the Board in a report transmitted 
under subsection (d); 
‘‘(2) initiate all such realignments and consoli-
dations not later than 1 year after the date of the 
report; and 
‘‘(3) complete all such realignments and con-
solidations not later than 3 years after the date of 
the report. 
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airport sponsor shall not charge less than fair mar-
ket value. 
(2) The airport sponsor and the Administrator 
shall agree on a 20-year capital improvement pro-
gram that includes, at a minimum, 20-year projected 
charges, costs, and fees for the development, im-
provement, operation, and maintenance of the air-
port, with consideration for costs and charges ad-
justed for inflation. 
(3) The airport sponsor shall agree in writing 
to waive all rights to receive entitlement funds or 
discretionary funds to be used at the airport under 
section 47114 or 47115 of title 49, United States 
Code, for a period of 20 years. 
(4) The airport sponsor shall comply, during 
the 20-year period beginning on the date of enact-
ment of this Act, with all grant assurance obliga-
tions in effect as of such date of enactment for the 
airport under section 47107 of such title. 
(5) The airport sponsor shall agree in writing 
to comply with sections 47107(b) and 47133 of such 
title, except for any exemptions specifically granted 
by the Administrator in accordance with this section, 
in perpetuity. 
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