H. R. 658—70 
‘‘(1) PROHIBITION.—A person holding an operating certifi-
cate issued under title 14, Code of Federal Regulations, may 
not knowingly employ, or make a contractual arrangement 
that permits, an individual to act as an agent or representative 
of the certificate holder in any matter before the Federal Avia-
tion Administration if the individual, in the preceding 2-year 
period— 
‘‘(A) served as, or was responsible for oversight of, 
a flight standards inspector of the Administration; and 
‘‘(B) had responsibility to inspect, or oversee inspection 
of, the operations of the certificate holder. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes 
of paragraph (1), an individual shall be considered to be acting 
as an agent or representative of a certificate holder in a matter 
before the Administration if the individual makes any written 
or oral communication on behalf of the certificate holder to 
the Administration (or any of its officers or employees) in 
connection with a particular matter, whether or not involving 
a specific party and without regard to whether the individual 
has participated in, or had responsibility for, the particular 
matter while serving as a flight standards inspector of the 
Administration.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall not apply to an individual employed by a certificate holder 
as of the date of enactment of this Act. 
SEC. 343. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
DATABASE. 
(a) REVIEWS.—The Administrator of the Federal Aviation 
Administration shall establish a process by which the air transpor-
tation oversight system database of the Administration is reviewed 
by regional teams of employees of the Administration, including 
at least one employee on each team representing aviation safety 
inspectors, on a monthly basis to ensure that— 
(1) any trends in regulatory compliance are identified; and 
(2) appropriate corrective actions are taken in accordance 
with Administration regulations, advisory directives, policies, 
and procedures. 
(b) MONTHLY TEAM REPORTS.— 
(1) IN GENERAL.—A regional team of employees conducting 
a monthly review of the air transportation oversight system 
database under subsection (a) shall submit to the Adminis-
trator, the Associate Administrator for Aviation Safety, and 
the Director of Flight Standards Service a report each month 
on the results of the review. 
(2) CONTENTS.—A report submitted under paragraph (1) 
shall identify— 
(A) any trends in regulatory compliance discovered by 
the team of employees in conducting the monthly review; 
and 
(B) any corrective actions taken or proposed to be 
taken in response to the trends. 
(c) BIANNUAL REPORTS TO CONGRESS.—The Administrator, on 
a biannual basis, shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the results of the reviews of the air transportation
H. R. 658—71 
oversight system database conducted under this section, including 
copies of reports received under subsection (b). 
SEC. 344. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM. 
(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM DEFINED.— 
In this section, the term ‘‘Voluntary Disclosure Reporting Program’’ 
means the program established by the Federal Aviation Administra-
tion through Advisory Circular 00–58A, dated September 8, 2006, 
including any subsequent revisions thereto. 
(b) VERIFICATION.—The Administrator of the Federal Aviation 
Administration shall modify the Voluntary Disclosure Reporting 
Program to require inspectors to— 
(1) verify that air carriers are implementing comprehensive 
solutions to correct the underlying causes of the violations 
voluntarily disclosed by such air carriers; and 
(2) confirm, before approving a final report of a violation, 
that a violation with the same root causes, has not been pre-
viously discovered by an inspector or self-disclosed by the air 
carrier. 
(c) SUPERVISORY REVIEW OF VOLUNTARY SELF-DISCLOSURES.— 
The Administrator shall establish a process by which voluntary 
self-disclosures received from air carriers are reviewed and approved 
by a supervisor after the initial review by an inspector. 
(d) INSPECTOR GENERAL STUDY.— 
(1) IN GENERAL.—The Inspector General of the Department 
of Transportation shall conduct a study of the Voluntary Disclo-
sure Reporting Program. 
(2) REVIEW.—In conducting the study, the Inspector Gen-
eral shall examine, at a minimum, if the Administration— 
(A) conducts comprehensive reviews of voluntary disclo-
sure reports before closing a voluntary disclosure report 
under the provisions of the program; 
(B) evaluates the effectiveness of corrective actions 
taken by air carriers; and 
(C) effectively prevents abuse of the voluntary disclo-
sure reporting program through its secondary review of 
self-disclosures before they are accepted and closed by the 
Administration. 
(3) REPORT
TO
CONGRESS.—Not later than 1 year after 
the date of enactment of this Act, the Inspector General shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study conducted under this section. 
SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE 
TO FLIGHT CREWMEMBERS. 
(a) RULEMAKING ON APPLICABILITY OF PART 121 DUTY PERIODS 
AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later 
than 180 days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall initiate a rule-
making proceeding, if such a proceeding has not already been 
initiated, to require a flight crewmember who is employed by an 
air carrier conducting operations under part 121 of title 14, Code 
of Federal Regulations, and who accepts an additional assignment 
for flying under part 91 of such title from the air carrier or from 
any other air carrier conducting operations under part 121 or 135 
of such title, to apply the period of the additional assignment
H. R. 658—72 
(regardless of whether the assignment is performed by the flight 
crewmember before or after an assignment to fly under part 121 
of such title) toward any limitation applicable to the flight crew-
member relating to duty periods or flight times under part 121 
of such title. 
(b) RULEMAKING ON APPLICABILITY OF PART 135 DUTY PERIODS 
AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later 
than 1 year after the date of enactment of this Act, the Adminis-
trator shall initiate a rulemaking proceeding to require a flight 
crewmember who is employed by an air carrier conducting oper-
ations under part 135 of title 14, Code of Federal Regulations, 
and who accepts an additional assignment for flying under part 
91 of such title from the air carrier or any other air carrier con-
ducting operations under part 121 or 135 of such title, to apply 
the period of the additional assignment (regardless of whether 
the assignment is performed by the flight crewmember before or 
after an assignment to fly under part 135 of such title) toward 
any limitation applicable to the flight crewmember relating to duty 
periods or flight times under part 135 of such title. 
(c) SEPARATE RULEMAKING PROCEEDINGS REQUIRED.—The rule-
making proceeding required under subsection (b) shall be separate 
from the rulemaking proceeding required under subsection (a). 
SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST 
REQUIREMENTS. 
The Administrator of the Federal Aviation Administration may 
not finalize the interpretation proposed in Docket No. FAA–2010– 
1259, relating to rest requirements, and published in the Federal 
Register on December 23, 2010. 
SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIA-
TION AIRCRAFT. 
(a) INSPECTION.—As part of the annual inspection of general 
aviation aircraft, the Administrator of the Federal Aviation 
Administration shall require a detailed inspection of each emer-
gency locator transmitter (in this section referred to as an ‘‘ELT’’) 
installed in general aviation aircraft operating in the United States 
to ensure that the ELT is mounted and retained in accordance 
with the manufacturer’s specifications. 
(b) MOUNTING AND RETENTION.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall determine 
if the ELT mounting requirements and retention tests specified 
by Technical Standard Orders C91a and C126 are adequate 
to assess retention capabilities in ELT designs. 
(2) REVISION.—Based on the determination under para-
graph (1), the Administrator shall make any necessary revisions 
to the requirements and retention tests referred to in paragraph 
(1) to ensure that ELTs are properly retained in the event 
of an aircraft accident. 
(c) REPORT.—Upon the completion of any revisions under sub-
section (b)(2), the Administrator shall submit a report on the 
implementation of this section to— 
(1) the Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Committee on Transportation and Infrastructure 
of the House of Representatives.
H. R. 658—73 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
Subtitle A—Passenger Air Service 
Improvements 
SEC. 401. SMOKING PROHIBITION. 
(a) IN GENERAL.—Section 41706 is amended— 
(1) in the section heading by striking ‘‘scheduled’’ and 
inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and inserting the 
following: 
‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND INTRASTATE AIR 
TRANSPORTATION.—An individual may not smoke— 
‘‘(1) in an aircraft in scheduled passenger interstate 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 prohibit smoking— 
‘‘(1) in an aircraft in scheduled passenger foreign air 
transportation; and 
‘‘(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 chapter 417 is 
amended by striking the item relating to section 41706 and inserting 
the following: 
‘‘41706. Prohibitions against smoking on passenger flights.’’. 
SEC. 402. 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 required to file 
a monthly airline service quality performance report pursuant 
to part 234 of title 14, Code of Federal Regulations, shall 
be subject to the requirement of paragraph (1). 
‘‘(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;
H. R. 658—74 
‘‘(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 airport; and 
‘‘(vii) if the flight arrives at the scheduled destina-
tion airport— 
‘‘(I) the gate-departure time at the diverted 
airport; 
‘‘(II) the wheels-off time at the diverted air-
port; 
‘‘(III) the wheels-on time at the scheduled 
arrival airport; and 
‘‘(IV) the gate-arrival time at the scheduled 
arrival airport. 
‘‘(B) For flights cancelled after gate departure— 
‘‘(i) the flight number of the cancelled flight; 
‘‘(ii) the scheduled origin and destination airports 
of the cancelled flight; 
‘‘(iii) the date and time of the cancelled flight; 
‘‘(iv) the gate-departure time of the cancelled flight; 
and 
‘‘(v) the time the aircraft returned to the gate. 
‘‘(4) PUBLICATION.—The Secretary shall compile the 
information provided in the monthly reports filed pursuant 
to paragraph (1) in a single monthly report and publish such 
report on the Internet Web site of the Department of Transpor-
tation.’’. 
(b) EFFECTIVE DATE.—Beginning not later than 90 days after 
the date of enactment of this Act, the Secretary of Transportation 
shall require monthly reports pursuant to the amendment made 
by subsection (a). 
SEC. 403. 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 BAGGAGE.—An air 
carrier providing air transportation shall permit a passenger 
to carry a violin, guitar, or other musical instrument in the 
aircraft cabin, without charging the passenger a fee in addition 
to any standard fee that carrier may require for comparable 
carry-on baggage, if— 
‘‘(A) the instrument can be stowed safely in a suitable 
baggage compartment in the aircraft cabin or under a 
passenger seat, in accordance with the requirements for 
carriage of 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 BAGGAGE.—An air 
carrier providing air transportation shall permit a passenger 
to carry a musical instrument that is too large to meet the 
requirements of paragraph (1) in the aircraft cabin, without
H. R. 658—75 
charging the passenger a fee in addition to the cost of the 
additional ticket described in subparagraph (E), if— 
‘‘(A) the instrument is contained in a case or covered 
so as to avoid injury to other passengers; 
‘‘(B) the weight of the instrument, including the case 
or covering, does not exceed 165 pounds or the applicable 
weight restrictions for the aircraft; 
‘‘(C) the instrument can be stowed in accordance 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 
‘‘(E) the passenger wishing to carry the instrument 
in the aircraft cabin has purchased an additional seat 
to accommodate the instrument. 
‘‘(3) LARGE INSTRUMENTS AS CHECKED BAGGAGE.—An air 
carrier shall transport as baggage a musical instrument that 
is the property of a passenger 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 
applicable size restrictions for the aircraft; 
‘‘(B) the weight of the instrument does not exceed 
165 pounds or the applicable weight restrictions for the 
aircraft; and 
‘‘(C) the instrument can be stowed in accordance 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). 
‘‘(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 sub-
chapter is amended by adding at the end the following: 
‘‘41724. Musical instruments.’’. 
SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(s)(3) is amended to read as follows: 
‘‘(3) SUNSET PROVISION.—This subsection shall cease to be 
effective beginning October 1, 2015.’’. 
SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approximately 
1,450,000 members who are stationed on active duty at more 
than 6,000 military bases in 146 different countries; 
(2) the United States is indebted to the members of the 
Armed Forces, many of whom are in grave danger due to 
their engagement in, or exposure to, combat; 
(3) military service, especially in the current war against 
terrorism, often requires members of the Armed Forces to be
H. R. 658—76 
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 purchasing 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 Congress that— 
(1) all United States commercial air carriers should seek 
to lend their support with flexible, generous 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 members of the 
Armed Forces who have been granted leave or liberty and 
who are traveling by air at their own expense, should— 
(A) seek to provide reduced air fares that are com-
parable to the lowest airfare for ticketed flights and that 
eliminate to the maximum extent possible advance pur-
chase 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 pur-
chase, 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 ensure 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 or liberty. 
SEC. 406. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, 
AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Department of 
Transportation shall conduct a review regarding air carrier flight 
delays, cancellations, and associated causes to update the 2000 
report numbered CR–2000–112 and titled ‘‘Audit of Air Carrier 
Flight Delays and Cancellations’’. 
(b) ASSESSMENTS.—In conducting the review under subsection 
(a), the Inspector General shall assess— 
(1) the need for an update on delay and cancellation statis-
tics, 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 programs that could 
be implemented to address the impact of flight delays on air 
travelers;
H. R. 658—77 
(5) the effect that limited air carrier service options 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. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on 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. 407. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study to— 
(1) examine delays in the delivery of checked baggage to 
passengers of air carriers; and 
(2) assess the options for and examine the impact of estab-
lishing minimum standards to compensate a passenger in the 
case of an unreasonable delay in the delivery of checked bag-
gage. 
(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 addi-
tional fees should improve an air carrier’s baggage performance. 
(c) REPORT TO CONGRESS.—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. 408. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS. 
The Secretary of Transportation may investigate consumer com-
plaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations concerning over-
booking seats on flights; 
(3) lost, damaged, or delayed baggage, and difficulties 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, overcharges, and fare increases; 
(6) the rights of passengers who hold frequent flyer miles 
or equivalent redeemable awards earned through customer- 
loyalty programs; and 
(7) deceptive or misleading advertising. 
SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135. 
(a) STUDY REQUIRED.—The Administrator of the Federal Avia-
tion Administration, in consultation with interested parties, shall 
conduct a study of operators regulated under part 135 of title 
14, Code of Federal Regulations. 
(b) CONTENTS.—In conducting the study under subsection (a), 
the Administrator shall analyze the part 135 fleet in the United 
States, which shall include analysis of—
H. R. 658—78 
(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 
(7) the number of passengers and airports served by the 
fleet. 
(c) REPORT
TO CONGRESS.—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 subsection (a). 
SEC. 410. 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 transpor-
tation. 
(b) CONTENTS.—The study shall include— 
(1) a review of foreign government and air carrier 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 experience of pas-
sengers, 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 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. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 
CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish an advisory committee for aviation consumer protection to 
advise the Secretary in carrying out activities relating to airline 
customer service improvements. 
(b) MEMBERSHIP.—The Secretary shall appoint the members 
of the advisory committee, which shall be comprised of one rep-
resentative each of— 
(1) air carriers; 
(2) airport operators; 
(3) State or local governments with expertise in consumer 
protection matters; and 
(4) nonprofit public interest groups with expertise in con-
sumer protection matters.