150 
(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, such as number of chronically de-
layed flights and taxi-in and taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a re-examination of capacity 
benchmarks at the Nation’s busiest airports; and 
(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. 
(c) REPORT.—Not later than one 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. 418. EUROPEAN UNION RULES FOR PASSENGER 
RIGHTS. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study to evaluate and compare the regulations 
of the European Union and the United States on com-
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151 
pensation and other consideration offered to passengers 
who are denied boarding or whose flights are cancelled or 
delayed. 
(b) SPECIFIC STUDY REQUIREMENTS.—The study 
shall include an evaluation and comparison of the regula-
tions based on costs to the air carriers, preferences of pas-
sengers for compensation or other consideration, and 
forms of compensation. In conducting the study, the 
Comptroller General shall also take into account the dif-
ferences in structure and size of the aviation systems of 
the European Union and the United States. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit a report to Congress on the results of the study. 
SEC. 419. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 
AVIATION CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish an advisory committee for aviation con-
sumer protection (in this section referred to as the ‘‘advi-
sory committee’’) to advise the Secretary in carrying out 
air passenger service improvements, including those re-
quired by chapter 423 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint 8 
members to the advisory committee as follows: 
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(1) Two representatives of air carriers required 
to submit emergency contingency plans pursuant to 
section 42301 of title 49, United States Code. 
(2) Two representatives of the airport operators 
required to submit emergency contingency plans pur-
suant to section 42301 of such title. 
(3) Two representatives of State and local gov-
ernments who have expertise in aviation consumer 
protection matters. 
(4) Two representatives of nonprofit public in-
terest groups who have expertise in aviation con-
sumer protection matters. 
(c) VACANCIES.—A vacancy in the advisory com-
mittee shall be filled in the manner in which the original 
appointment was made. 
(d) TRAVEL EXPENSES.—Members of the advisory 
committee shall serve without pay but shall receive travel 
expenses, including per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection 
(b), an individual to serve as chairperson of the advisory 
committee. 
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(f) DUTIES.—The duties of the advisory committee 
shall include the following: 
(1) Evaluating existing aviation consumer pro-
tection programs and providing recommendations for 
the improvement of such programs, if needed. 
(2) Providing recommendations to establish ad-
ditional aviation consumer protection programs, if 
needed. 
(g) REPORT.—Not later than February 1 of each of 
the first 2 calendar years beginning after the date of en-
actment of this Act, the Secretary shall transmit to Con-
gress a report containing— 
(1) each recommendation made by the advisory 
committee during the preceding calendar year; and 
(2) an explanation of how the Secretary has im-
plemented each recommendation and, for each rec-
ommendation not implemented, the Secretary’s rea-
son for not implementing the recommendation. 
SEC. 420. DENIED BOARDING COMPENSATION. 
Not later than May 19, 2010, and every 2 years 
thereafter, the Secretary shall evaluate the amount pro-
vided for denied boarding compensation and issue a regu-
lation to adjust such compensation as necessary. 
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154 
SEC. 421. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Fed-
eral Aviation Administration determines that: (1) the air-
craft operations of air carriers during any hour at an air-
port exceeds the hourly maximum departure and arrival 
rate established by the Administrator for such operations; 
and (2) the operations in excess of the maximum depar-
ture and arrival rate for such hour at such airport are 
likely to have a significant adverse effect on the national 
or regional airspace system, the Administrator shall con-
vene a conference of such carriers to reduce pursuant to 
section 41722, on a voluntary basis, the number of such 
operations to less than such maximum departure and ar-
rival rate. 
(b) NO AGREEMENT.—If the air carriers partici-
pating in a conference 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 to less than the 
maximum departure and arrival rate, the Administrator 
shall take such action as is necessary to ensure such re-
duction is implemented. 
(c) QUARTERLY REPORTS.—Beginning 3 months 
after the date of enactment of this Act and every 3 months 
thereafter, the Administrator shall submit to Congress a 
report regarding scheduling at the 35 airports that have 
the greatest number of passenger enplanements, including 
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155 
each occurrence in which hourly scheduled aircraft oper-
ations of air carriers at such an airport exceed the hourly 
maximum departure and arrival rate at any such airport. 
SEC. 422. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Transportation shall inves-
tigate consumer 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; 
(6) the rights of passengers who hold frequent 
flier miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
(b) BUDGET NEEDS REPORT.—The Secretary shall 
provide, as an annex to its annual budget request, an esti-
mate of resources which would have been sufficient to in-
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156 
vestigate all such claims the Department of Transpor-
tation received in the previous fiscal year. The annex shall 
be transmitted to Congress when the President submits 
the budget of the United States to the Congress under 
section 1105 of title 31, United States Code. 
SEC. 423. PROHIBITIONS AGAINST VOICE COMMUNICA-
TIONS USING MOBILE COMMUNICATIONS DE-
VICES ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile com-
munications device in an aircraft during a flight in 
scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation. 
‘‘(2) EXCEPTIONS.—The prohibition described 
in paragraph (1) shall not apply to— 
‘‘(A) a member of the flight crew or flight 
attendants on an aircraft; or 
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‘‘(B) a Federal law enforcement officer 
acting in an official capacity. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an air-
craft in scheduled passenger foreign air transpor-
tation. 
‘‘(2) ALTERNATE PROHIBITION.—If a foreign 
government objects to the application of paragraph 
(1) on the basis that paragraph (1) provides for an 
extraterritorial application of the laws of the United 
States, the Secretary may waive the application of 
paragraph (1) to a foreign air carrier licensed by 
that foreign government until such time as an alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign govern-
ment through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
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‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
‘‘(A) INCLUSIONS.—The term ‘voice com-
munications using a mobile communications de-
vice’ includes voice communications using— 
‘‘(i) a commercial mobile radio service 
or other wireless communications device; 
‘‘(ii) a broadband wireless device or 
other wireless device that transmits data 
packets using the Internet Protocol or 
comparable technical standard; or 
‘‘(iii) a device having voice override 
capability. 
‘‘(B) EXCLUSION.—Such term does not in-
clude voice communications using a phone in-
stalled on an aircraft. 
‘‘(d) SAFETY REGULATIONS.—This section shall not 
be construed to affect the authority of the Secretary to 
impose limitations on voice communications using a mobile 
communications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
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159 
‘‘Sec. 41724. Prohibitions against voice communications using mobile commu-
nications devices on scheduled flights.’’. 
TITLE 
V—ENVIRONMENTAL 
STEWARDSHIP AND STREAM-
LINING 
SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO-
GRAM. 
Section 40128 is amended— 
(1) in subsection (a)(1)(C) by inserting ‘‘or vol-
untary agreement under subsection (b)(7)’’ before 
‘‘for the park’’; 
(2) in subsection (a) by adding at the end the 
following: 
‘‘(5) EXEMPTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a national park that has 50 or fewer 
commercial air tour flights a year shall be ex-
empt from the requirements of this section, ex-
cept as provided in subparagraph (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). 
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(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi-
ble consortium’’ means a consortium of 2 or more of 
the following entities: 
(A) A business incorporated in the United 
States. 
(B) A public or private educational or re-
search organization located in the United 
States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitiga-
tion demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport 
environmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstra-
tions; 
(B) utilizes methods for efficient adapta-
tion or integration of innovative concepts to air-
port operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is— 
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