Service under subparagraph (A)(i) do not 
lead to an agreement, the Administrator 
and the exclusive bargaining representative 
of the employees (in this subparagraph re-
ferred 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 bind-
ing 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. Within 10 days of 
receiving the list, the parties shall each se-
lect one person from the list. The 2 arbi-
trators selected by the parties shall then 
select a third person from the list within 7 
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days. If either of the parties fails to select 
a person or if the 2 arbitrators are unable 
to agree on the third person within 7 days, 
the parties shall make the selection by al-
ternately 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) COSTS.—The parties shall share 
costs of the arbitration equally. 
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‘‘(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 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 approval by the head of 
the agency in accordance with the provisions re-
ferred 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 
assess against the Federal Aviation Administra-
tion reasonable attorney fees and other litiga-
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tion costs reasonably incurred in any case 
under this section in which the complainant has 
substantially prevailed.’’. 
(b) APPLICATION.—On and after the date of enact-
ment of this Act, any changes implemented by the Admin-
istrator 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 representative of the employees of the Adminis-
tration 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 im-
plementation of such changes. The Administrator and the 
bargaining representative shall resume negotiations 
promptly, and, subject to subsection (c), their last mutual 
agreement shall be in effect until a new contract is adopt-
ed by the Administrator and the bargaining representa-
tive. If an agreement is not reached within 45 days after 
the date on which negotiations resume, the Administrator 
and the bargaining representative 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 accordance with para-
graphs (2)(B), (3), and (4) of section 40122(a) of title 
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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 employ-
ees, and leave and other benefit accruals implemented as 
part of the changes referred to in subsection (b) may not 
be reversed 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 Ad-
ministration who received lump sum payments prior to 
their separation from the Administration. 
(d) BACK PAY.— 
(1) 
IN
GENERAL.—Employees 
subject 
to 
changes referred to in subsection (b) that are deter-
mined to be null and void under subsection (b) shall 
be eligible for pay that the employees would have re-
ceived under the last mutual agreement between the 
Administrator and the exclusive bargaining rep-
resentative of such employees before the date of en-
actment of this Act and any changes were imple-
mented without agreement of the bargaining rep-
resentative. The Administrator shall pay the employ-
ees such pay subject to the availability of amounts 
appropriated to carry out this subsection. If the ap-
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propriated funds do not cover all claims of the em-
ployees for such pay, the Administrator and the bar-
gaining representative, pursuant to negotiations con-
ducted 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 employees 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 Administrator 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 bar-
gaining representative, and subsections (b) and (c) shall 
not take effect. 
Æ 
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