149 
(A) by redesignating subparagraph (E) (as 
amended by paragraph (1) of this subsection) as 
subparagraph (F); and 
(B) by inserting after subparagraph (D) the 
following: 
‘‘(E) USE OF EXCESS FUNDS.—If the Sec-
retary finds that all or part of an amount made 
available under this subparagraph is not re-
quired during a fiscal year to carry out this 
paragraph, the Secretary may use, during such 
fiscal year, the amount not so required to carry 
out the program continued under paragraph 
(1).’’. 
(c) FEDERAL
SHARE.—Section 47124(b)(4)(C) is 
amended 
by 
striking 
‘‘$1,500,000’’ 
and 
inserting 
‘‘$2,000,000’’. 
(d) SAFETY AUDITS.—Section 47124 is amended by 
adding at the end the following: 
‘‘(c) SAFETY AUDITS.—The Secretary shall establish 
uniform standards and requirements for safety assessments 
of air traffic control towers that receive funding under this 
section.’’. 
SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress finds that— 
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(1) the Armed Forces is comprised of approxi-
mately 1,400,000 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 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 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 require members of 
the Armed Forces to travel with heavy bags; 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 each United States air carrier should— 
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(1) establish for all members of the Armed Forces 
on active duty reduced air fares that are comparable 
to the lowest airfare for ticketed flights; and 
(2) offer flexible terms that allow members of the 
Armed Forces on active duty to purchase, modify, or 
cancel tickets without time restrictions, fees, and pen-
alties and waive baggage fees for a minimum of 3 
bags. 
SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR-
TICIPATION PROGRAM. 
(a) REPEAL.—Section 41747 of title 49, United States 
Code, and the item relating to such section in the analysis 
for chapter 417 of such title, are repealed. 
(b) APPLICABILITY.—Title 49, United States Code, 
shall be applied as if section 41747 of such title had not 
been enacted. 
SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO REFLECT IN-
CREASED FUEL COSTS. 
(a) IN GENERAL.—The $200 per passenger subsidy 
cap initially established by Public Law 103–122 (107 Stat. 
1198; 1201) and made permanent by section 332 of Public 
Law 106–69 (113 Stat. 1022) shall be increased by an 
amount necessary to account for the increase, if any, in 
the cost of aviation fuel in the 24 months preceding the date 
of enactment of this Act, as determined by the Secretary. 
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(b) ADJUSTMENT OF CAP.—Not later than 60 days 
after the date of enactment of this Act, the Secretary shall 
publish in the Federal Register the increased subsidy cap 
as an interim final rule, pursuant to which public comment 
will be sought and a final rule issued. 
(c) LIMITATION ON ELIGIBILITY.—A community that 
has been determined, pursuant to a final order issued by 
the Department of Transportation before the date of enact-
ment of this Act, to be ineligible for subsidized air service 
under subchapter II of chapter 417 of title 49, United States 
Code, shall not be eligible for the increased subsidy cap es-
tablished pursuant to this section. 
SEC. 413. NOTICE TO COMMUNITIES PRIOR TO TERMI-
NATION OF ELIGIBILITY FOR SUBSIDIZED ES-
SENTIAL AIR SERVICE. 
Section 41733 of title 49, United States Code, 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 
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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 directly 
with an air carrier to ensure that the air carrier 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. 
‘‘(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 compensation 
that could be provided under this subchapter to 
an air carrier serving such community that 
would comply with the subsidy cap. 
‘‘(4) SUBSIDY CAP DEFINED.—In this subsection, 
the term ‘subsidy cap’ means the subsidy cap estab-
lished by section 332 of Public Law 106–69, includ-
ing any increase to that subsidy cap established by 
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the Secretary pursuant to the FAA Reauthorization 
Act of 2009.’’. 
SEC. 414. RESTORATION OF ELIGIBILITY TO A PLACE DE-
TERMINED BY THE SECRETARY TO BE INELI-
GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERV-
ICE. 
Section 41733 (as amended by section 413 of this Act) 
is further amended by adding at the end the following: 
‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS 
TO RESTORE ELIGIBILITY.— 
‘‘(1) IN GENERAL.—If the Secretary, after the 
date of enactment of this subsection, ends payment of 
compensation to an air carrier for providing basic es-
sential air service to an eligible place because the Sec-
retary has determined that providing such service re-
quires a rate of subsidy per passenger in excess of the 
subsidy cap (as defined in subsection (f)), a State or 
local government may submit to the Secretary a pro-
posal for restoring compensation for such service. 
Such proposal shall be a joint proposal of the State 
or local government and an air carrier. 
‘‘(2) DETERMINATION
BY
SECRETARY.—If a 
State or local government submits to the Secretary a 
proposal under paragraph (1) with respect to an eli-
gible place, and the Secretary determines that— 
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‘‘(A) the rate of subsidy per passenger under 
the proposal does not exceed the subsidy cap (as 
defined in subsection (f)); and 
‘‘(B) the proposal is consistent with the 
legal and regulatory requirements of the essential 
air service program, 
the Secretary shall issue an order restoring the eligi-
bility of the otherwise eligible place to receive basic es-
sential air service by an air carrier for compensation 
under subsection (c).’’. 
SEC. 415. OFFICE OF RURAL AVIATION. 
(a) IN GENERAL.—Subchapter II of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41749. Office of Rural Aviation 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish within the Department of Transpor-
tation an office to be known as the ‘Office of Rural Avia-
tion’ (in this section referred to as the ‘Office’). 
‘‘(b) FUNCTIONS.—The Office shall— 
‘‘(1) monitor the status of air service to small 
communities; 
‘‘(2) develop proposals to improve air service to 
small communities; and 
‘‘(3) carry out such other functions as the Sec-
retary considers appropriate.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 417 is amended by adding at the end 
the following: 
‘‘41749. Office of Rural Aviation.’’. 
SEC. 416. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS. 
(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.— 
Subject to the availability of funds, the Secretary may in-
crease the rates of compensation payable to air carriers 
under subchapter II of chapter 417 of title 49, United States 
Code, to compensate such carriers for increased aviation 
fuel costs, without regard to any agreement or requirement 
relating to the renegotiation of contracts or any notice re-
quirement under section 41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDI-
VIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) of title 49, 
United States Code, is amended 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 car-
riers for air service provided after the 30th day fol-
lowing the date of enactment of this Act. 
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SEC. 417. 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 
air carrier flight delays, cancellations, and associated 
causes to update its 2000 report numbered CR–2000–112 
and entitled ‘‘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, 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 submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
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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 con-
duct a study to evaluate and compare the regulations of 
the European Union and the United States on compensa-
tion 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 differences in struc-
ture 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 sub-
mit 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 consumer 
protection (in this section referred to as the ‘‘advisory com-
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(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection (b), 
an individual to serve as chairperson of the advisory com-
mittee. 
(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 year 
beginning after the date of enactment of this Act, the Sec-
retary shall transmit to Congress 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 reason 
for not implementing the recommendation. 
SEC. 420. DENIED BOARDING COMPENSATION. 
Not later than May 19, 2010, and every 2 years there-
after, the Secretary shall evaluate the amount provided for 
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denied boarding compensation and issue a regulation to ad-
just such compensation as necessary. 
SEC. 421. 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 
(2) make recommendations for establishing min-
imum standards to compensate 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 car-
riers 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. 422. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Federal 
Aviation Administration determines that: (1) the aircraft 
operations of air carriers during any hour at an airport 
exceeds the hourly maximum departure and arrival rate es-
tablished by the Administrator for such operations; and (2) 
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the operations in excess of the maximum departure and ar-
rival rate for such hour at such airport are likely to have 
a significant adverse effect on the national or regional air-
space system, the Administrator shall convene 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 arrival rate. 
(b) NO AGREEMENT.—If the air carriers participating 
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 reduction is im-
plemented. 
(c) QUARTERLY REPORTS.—Beginning 3 months after 
the date of enactment of this Act and every 3 months there-
after, the Administrator shall submit to Congress a report 
regarding scheduling at the 35 airports that have the great-
est number of passenger enplanements, including each oc-
currence in which hourly scheduled aircraft operations of 
air carriers at such an airport exceed the hourly maximum 
departure and arrival rate at any such airport. 
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SEC. 423. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary of Transportation shall investigate 
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 inves-
tigate all such claims the Department of Transportation re-
ceived in the previous fiscal year. The annex shall be trans-
mitted to Congress when the President submits the budget 
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of the United States to the Congress under section 1105 of 
title 31, United States Code. 
SEC. 424. 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 commu-
nications 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 
‘‘(B) a Federal law enforcement officer act-
ing in an official capacity. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
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‘‘(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 aircraft 
in scheduled passenger foreign air transportation. 
‘‘(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 government 
through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
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‘‘(A) INCLUSIONS.—The term ‘voice commu-
nications using a mobile communications device’ 
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 com-
parable 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 com-
munications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Prohibitions against voice communications using mobile communications 
devices on scheduled flights.’’. 
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SEC. 425. ANTITRUST EXEMPTIONS. 
(a) STUDY.—The Comptroller General shall conduct a 
study of the legal requirements and policies followed by the 
Department in deciding whether to approve international 
alliances under section 41309 of title 49, United States 
Code, and grant exemptions from the antitrust laws under 
section 41308 of such title in connection with such inter-
national alliances. 
(b) ISSUES TO BE CONSIDERED.—In conducting the 
study under subsection (a), the Comptroller General, at a 
minimum, shall examine the following: 
(1) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in public benefits, including an analysis 
of whether such benefits could have been achieved by 
international alliances not receiving exemptions from 
the antitrust laws. 
(2) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in reduced competition, increased prices 
in markets, or other adverse effects. 
(3) Whether international alliances that have 
been granted exemptions from the antitrust laws have 
implemented pricing or other practices with respect to 
the hub airports at which the alliances operate that 
have resulted in increased costs for consumers or fore-
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closed competition by rival (nonalliance) air carriers 
at such airports. 
(4) Whether increased network size resulting 
from additional international alliance members will 
adversely affect competition between international al-
liances. 
(5) The areas in which immunized international 
alliances compete and whether there is sufficient com-
petition among immunized international alliances to 
ensure that consumers will receive benefits of at least 
the same magnitude as those that consumers would 
receive if there were no immunized international alli-
ances. 
(6) The minimum number of international alli-
ances that is necessary to ensure robust competition 
and benefits to consumers on major international 
routes. 
(7) Whether the different regulatory and anti-
trust responsibilities of the Secretary and the Attor-
ney General with respect to international alliances 
have created any significant conflicting agency rec-
ommendations, such as the conditions imposed in 
granting exemptions from the antitrust laws. 
(8) Whether, from an antitrust standpoint, re-
quests for exemptions from the antitrust laws in con-
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nection with international alliances should be treated 
as mergers, and therefore be exclusively subject to a 
traditional merger analysis by the Attorney General 
and be subject to advance notification requirements 
and a confidential review process similar to those re-
quired under section 7A of the Clayton Act (15 U.S.C. 
18a). 
(9) Whether the Secretary should amend, modify, 
or revoke any exemption from the antitrust laws 
granted by the Secretary in connection with an inter-
national alliance. 
(10) The effect of international alliances on the 
number and quality of jobs for United States air car-
rier flight crew employees, including the share of alli-
ance flying done by those employees. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Secretary of Transportation, 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 results of the 
study under subsection (a), including any recommendations 
of the Comptroller General as to whether there should be 
changes in the authority of the Secretary under title 49, 
United States Code, or policy changes that the Secretary 
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can implement administratively, with respect to approving 
international alliances and granting exemptions from the 
antitrust laws in connection with such international alli-
ances. 
(d) ADOPTION OF RECOMMENDED POLICY CHANGES.— 
Not later than one year after the date of receipt of the report 
under subsection (c), and after providing notice and an op-
portunity for public comment, the Secretary shall issue a 
written determination as to whether the Secretary will 
adopt the policy changes, if any, recommended by the 
Comptroller General in the report or make any other policy 
changes with respect to approving international alliances 
and granting exemptions from the antitrust laws in connec-
tion with such international alliances. 
(e) SUNSET PROVISION.— 
(1) IN GENERAL.—An exemption from the anti-
trust laws granted by the Secretary on or before the 
last day of the 3-year period beginning on the date 
of enactment of this Act in connection with an inter-
national alliance, including an exemption granted be-
fore the date of enactment of this Act, shall cease to 
be effective after such last day unless the exemption 
is renewed by the Secretary. 
(2) TIMING FOR RENEWALS.—The Secretary may 
not renew an exemption under paragraph (1) before 
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(4) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
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 manage-
ment plan or voluntary agreement is necessary 
to protect park resources and values or park vis-
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itor use and enjoyment, the Director shall with-
draw the exemption of a park under subpara-
graph (A). 
‘‘(C) LIST OF PARKS.—The Director shall 
inform the Administrator, in writing, of each de-
termination under subparagraph (B). The Direc-
tor and Administrator shall publish an annual 
list of national parks that are covered by the ex-
emption provided by this paragraph. 
‘‘(D) ANNUAL REPORT.—A commercial air 
tour operator conducting commercial air tours 
in a national park that is exempt from the re-
quirements of this section shall submit to the Ad-
ministrator and the Director an annual report 
regarding the number of commercial air tour 
flights it conducts each year in such park.’’; 
(3) in subsection (b) 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 agree-
ment with a commercial air tour operator (in-
cluding a new entrant applicant and an oper-
ator that has interim operating authority) that 
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has applied to conduct air tour operations over 
a national 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 agreement 
under this paragraph and shall consult with any 
Indian tribe whose tribal lands are, or may be, 
flown over by a commercial air tour operator 
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under a voluntary agreement under this para-
graph. After such opportunity for public review 
and consultation, the voluntary agreement may 
be implemented without further administrative 
or environmental process beyond that described 
in this subsection. 
‘‘(D) TERMINATION.—A voluntary agree-
ment under this paragraph may be terminated 
at any time at the discretion of the Director or 
the Administrator if the Director determines that 
the agreement is not adequately protecting park 
resources or visitor experiences or the Adminis-
trator determines that the agreement is adversely 
affecting aviation safety or the national aviation 
system. If a voluntary agreement for a national 
park is terminated, the operators shall conform 
to the requirements for interim operating author-
ity under subsection (c) until an air tour man-
agement plan for the park is in effect.’’; 
(4) in subsection (c) by striking paragraph 
(2)(I) and inserting the following: 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental review beyond that described in this 
section if— 
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‘‘(i) adequate information regarding 
the operator’s existing and proposed oper-
ations under the interim operating author-
ity is provided to the Administrator and the 
Director; 
‘‘(ii) the Administrator determines that 
there would be no adverse impact on avia-
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees with the 
modification, based on the Director’s profes-
sional expertise regarding the protection of 
the park resources and values and visitor 
use and enjoyment.’’; 
(5) in subsection (c)(3)(A) by striking ‘‘if the 
Administrator 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 oper-
ator’s proposed operations is provided to the 
Administrator and the Director by the oper-
ator making the request; 
‘‘(ii) the Administrator agrees that 
there would be no adverse impact on avia-
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177 
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees, based on the 
Director’s professional expertise regarding 
the protection of park resources and values 
and visitor use and enjoyment.’’; 
(6) by redesignating subsections (d), (e), and (f) 
as subsections (e), (f), and (g), respectively; and 
(7) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 
‘‘(1) REPORT.—Each commercial air tour oper-
ator providing a commercial air tour over a national 
park under interim operating authority granted 
under subsection (c) or in accordance with an air 
tour management plan under subsection (b) shall sub-
mit a report to the Administrator and Director re-
garding the number of its commercial air tour oper-
ations over each national park and such other infor-
mation as the Administrator and Director may re-
quest in order to facilitate administering the provi-
sions of this section. 
‘‘(2) REPORT
SUBMISSION.—Not later than 3 
months after the date of enactment of the FAA Reau-
thorization Act of 2009, the Administrator and Direc-
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tor shall jointly issue an initial request for reports 
under this subsection. The reports shall be submitted 
to the Administrator and Director on a frequency and 
in a format prescribed by the Administrator and Di-
rector.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is 
amended— 
(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 Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), State and local 
environmental policy acts, Executive orders, agency regula-
tions and guidance, and other Federal environmental re-
quirements’’. 
(c) ENVIRONMENTAL ANALYSIS
AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—A Federal agency, other than the Federal 
Aviation Administration, that is responsible for issuing an 
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179 
approval, license, or permit to ensure compliance 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; 
‘‘(2) use the environmental analysis prepared by 
the State for the project or activity if such analysis 
is adequate; and 
‘‘(3) supplement such analysis, as necessary, to 
meet applicable Federal requirements.’’. 
SEC. 503. 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— 
‘‘(1) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with an airport development project; 
‘‘(2) to conduct special environmental studies re-
lated to an airport project funded with Federal funds; 
‘‘(3) to conduct special studies or reviews to sup-
port approved noise compatibility measures described 
in part 150 of title 14, Code of Federal Regulations; 
or 
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‘‘(4) to conduct special studies or reviews to sup-
port environmental mitigation in a record of decision 
or finding of no significant impact by the Federal 
Aviation Administration.’’. 
SEC. 504. 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 proposals 
to implement flight procedures at such airport that 
have been approved as part of an airport noise com-
patibility program under subsection (b). 
‘‘(2) ADDITIONAL
STAFF.—The Administrator 
may accept funds from an airport operator, including 
funds provided to the operator under paragraph (1), 
to hire additional staff or obtain the services of con-
sultants in order to facilitate the timely processing, 
review, and completion of environmental activities as-
sociated with proposals to implement flight proce-
dures at such airport that have been approved as part 
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of an airport noise compatibility program under sub-
section (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.’’. 
SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE-
MENTATION PARTNERSHIP. 
(a) COOPERATIVE
AGREEMENT.—Subchapter I of 
chapter 475 is amended by adding at the end the following: 
‘‘§ 47511. CLEEN research, development, and imple-
mentation partnership 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration, in coordination with the Admin-
istrator of the National Aeronautics and Space Administra-
tion, shall enter into a cooperative agreement, using a com-
petitive process, with an institution, entity, or consortium 
to carry out a program for the development, maturing, and 
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certification of CLEEN engine and airframe technology for 
aircraft over the next 10 years. 
‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY 
DEFINED.—In this section, the term ‘CLEEN engine and 
airframe technology’ means continuous lower energy, emis-
sions, and noise engine and airframe technology. 
‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 
of the Federal Aviation Administration, in coordination 
with the Administrator of the National Aeronautics and 
Space Administration, shall establish the following per-
formance objectives for the program, to be achieved by Sep-
tember 30, 2016: 
‘‘(1) Development of certifiable aircraft tech-
nology that reduces fuel burn by 33 percent compared 
to current technology, reducing energy consumption 
and greenhouse gas emissions. 
‘‘(2) Development of certifiable engine technology 
that reduces landing and takeoff cycle nitrogen oxide 
emissions by 60 percent, at a pressure ratio of 30, 
over the International Civil Aviation Organization 
standard adopted at the 6th Meeting of the Committee 
on Aviation Environmental Protection, with commen-
surate reductions over the full pressure ratio range, 
while limiting or reducing other gaseous or particle 
emissions. 
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183 
‘‘(3) Development of certifiable aircraft tech-
nology that reduces noise levels by 32 Effective Per-
ceived Noise Level in Decibels cumulative, relative to 
Stage 4 standards. 
‘‘(4) Determination of the feasibility of the use of 
alternative fuels in aircraft systems, including suc-
cessful demonstration and quantification of the bene-
fits of such fuels. 
‘‘(5) Determination of the extent to which new 
engine and aircraft technologies may be used to ret-
rofit or re-engine aircraft to increase the integration 
of retrofitted and re-engined aircraft into the commer-
cial fleet. 
‘‘(d) FUNDING.—Of amounts appropriated under sec-
tion 48102(a), not more than the following amounts may 
be used to carry out this section: 
‘‘(1) $20,000,000 for fiscal year 2009. 
‘‘(2) $25,000,000 for fiscal year 2010. 
‘‘(3) $33,000,000 for fiscal year 2011. 
‘‘(4) $50,000,000 for fiscal year 2012. 
‘‘(e) REPORT.—Beginning in fiscal year 2010, the Ad-
ministrator of the Federal Aviation Administration shall 
publish an annual report on the program established under 
this section until completion of the program.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘47511. CLEEN research, development, and implementation partnership.’’. 
SEC. 506. 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 provided in subsection 
(b), (c), or (d), after December 31, 2013, a person may not 
operate a civil subsonic jet airplane with a maximum 
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) EXCEPTION.—Subsection (a) shall not apply to 
aircraft operated only outside the 48 contiguous States. 
‘‘(c) EXCEPTIONS.—The Secretary may allow tem-
porary operation of an airplane otherwise prohibited from 
operation under subsection (a) to or from an airport in the 
contiguous United States by granting a special flight au-
thorization for one or more of the following circumstances: 
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‘‘(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 mainte-
nance facility located in the contiguous 48 States. 
‘‘(5) To deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the aircraft 
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 emergency situations. 
‘‘(8) To divert the aircraft to an alternative air 
port in the 48 contiguous States on account of weath-
er, 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) STATUTORY CONSTRUCTION.—Nothing in the sec-
tion may be construed as interfering with, nullifying, or 
otherwise affecting determinations made by the Federal 
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Aviation Administration, or to be made by the Administra-
tion, with respect to applications under part 161 of title 
14, Code of Federal Regulations, that were pending on the 
date of enactment 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 chapter 475 is amended— 
(A) by striking the item relating to section 
47531 and inserting the following: 
‘‘47531. Penalties.’’; 
and 
(B) by inserting after the item relating to 
section 47533 the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 
not complying with stage 3 noise levels.’’. 
SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program to carry out not more 
than 6 environmental mitigation demonstration projects at 
public-use airports. 
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(b) GRANTS.—In implementing the program, the Sec-
retary may make a grant to the sponsor of a public-use 
airport 
from 
funds 
apportioned 
under 
section 
47117(e)(1)(A) of title 49, United States Code, to carry out 
an environmental mitigation demonstration project to 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality in the vicinity of the airport. 
(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 
An environmental mitigation demonstration project that 
receives funds made available under this section may be 
considered an eligible airport-related project for purposes 
of section 40117 of such title. 
(d) SELECTION CRITERIA.—In selecting among appli-
cants for participation in the program, the Secretary shall 
give priority consideration to applicants proposing to carry 
out environmental mitigation demonstration projects that 
will— 
(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts either on an absolute basis or on a per dollar 
of funds expended basis; and 
(2) be implemented by an eligible consortium. 
(e) FEDERAL SHARE.—Notwithstanding any provi-
sion of subchapter I of chapter 471 of such title, the United 
States Government share of allowable project costs of an en-
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vironmental mitigation demonstration project carried out 
under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not make 
grants for a single environmental mitigation demonstration 
project under this section in a total amount that exceeds 
$2,500,000. 
(g) PUBLICATION OF INFORMATION.—The Secretary 
may develop and publish information on the results of envi-
ronmental mitigation demonstration projects carried out 
under this section, including information identifying best 
practices for reducing or mitigating aviation impacts on 
noise, air quality, or water quality in the vicinity of air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 
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. 
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189 
(2) ENVIRONMENTAL
MITIGATION
DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitigation 
demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport en-
vironmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstrations; 
(B) utilizes methods for efficient adaptation 
or integration of innovative concepts to airport 
operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, greenhouse gas emissions, or 
water quality impacts in measurably sig-
nificant amounts. 
SEC. 508. 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-
tion shall use funds made available under section 48101(a) 
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to test air traffic flow management tools, methodologies, and 
procedures that will allow air traffic controllers of the Ad-
ministration 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 envi-
ronmental benefits, as measured by the amount of reduced 
fuel, reduced emissions, or other environmental benefits per 
dollar of funds expended under the pilot program. 
(c) MAXIMUM AMOUNT.—Not more than a total of 
$5,000,000 may be expended under the pilot program at 
any single public-use airport. 
(d) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this section, the Secretary 
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 containing— 
(1) an evaluation of the effectiveness of the pilot 
program, including an assessment of the tools, meth-
odologies, and procedures that provided the greatest 
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fuel savings and air quality and other environmental 
benefits, and any impacts on safety, capacity, or effi-
ciency of the air traffic control system or the airports 
at which affected aircraft were operating; 
(2) an identification of anticipated benefits from 
implementation of the tools, methodologies, and proce-
dures developed under the pilot program at other air-
ports; 
(3) a plan for implementing the tools, methodolo-
gies, and procedures developed under the pilot pro-
gram at other airports or the Secretary’s reasons for 
not implementing such measures at other airports; 
and 
(4) such other information as the Secretary con-
siders appropriate. 
SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR 
TRAFFIC CONTROL FACILITIES. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall implement, to the maximum 
extent practicable, sustainable practices for the incorpora-
tion of energy-efficient design, equipment, systems, and 
other measures in the construction and major renovation 
of air traffic control facilities of the Administration in 
order to reduce energy consumption and improve the envi-
ronmental performance of such facilities. 
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(b) 
AUTHORIZATION.—Of 
amounts 
appropriated 
under section 48101(a) of title 49, United States Code, such 
sums as may be necessary may be used to carry out this 
section. 
SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT 
ENGINE NOISE AND EMISSIONS STANDARDS. 
(a) INDEPENDENT REVIEW.—The Administrator of the 
FAA shall make appropriate arrangements for the National 
Academy of Public Administration or another qualified 
independent entity to review, in consultation with the FAA 
and the EPA, whether it is desirable to locate the regulatory 
responsibility for the establishment of engine noise and 
emissions standards for civil aircraft within one of the 
agencies. 
(b) CONSIDERATIONS.—The review shall be conducted 
so as to take into account— 
(1) the interrelationships between aircraft engine 
noise and emissions; 
(2) the need for aircraft engine noise and emis-
sions to be evaluated and addressed in an integrated 
and comprehensive manner; 
(3) the scientific expertise of the FAA and the 
EPA to evaluate aircraft engine emissions and noise 
impacts on the environment; 
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(4) expertise to interface environmental perform-
ance with ensuring the highest safe and reliable en-
gine performance of aircraft in flight; 
(5) consistency of the regulatory responsibility 
with other missions of the FAA and the EPA; 
(6) past effectiveness of the FAA and the EPA in 
carrying out the aviation environmental responsibil-
ities assigned to the agency; and 
(7) the international responsibility to represent 
the United States with respect to both engine noise 
and emissions standards for civil aircraft. 
(c) REPORT TO CONGRESS.—Not later than 6 months 
after the date of enactment of this Act, the Administrator 
of the FAA shall submit to Congress a report on the results 
of the review. The report shall include any recommenda-
tions developed as a result of the review and, if a transfer 
of responsibilities is recommended, a description of the steps 
and timeline for implementation of the transfer. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) EPA.—The term ‘‘EPA’’ means the Environ-
mental Protection Agency. 
(2) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration. 
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194 
SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING. 
The Administrator of the Federal Aviation Adminis-
tration shall complete the air quality studies and analysis 
started pursuant to section 815 of the Vision 100—Century 
of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 
Stat. 2592), including the collection of samples of the air 
onboard passenger aircraft by flight attendants and the test-
ing and analyzation of such samples for contaminants. 
SEC. 512. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the proposed European Union directive ex-
tending the European Union’s emissions trading pro-
posal to international civil aviation without working 
through the International Civil Aviation Organiza-
tion (in this section referred to as the ‘‘ICAO’’) in a 
consensus-based fashion is inconsistent with the Con-
vention on International Civil Aviation, done at Chi-
cago on December 7, 1944 (TIAS 1591; commonly 
known as ‘‘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; and 
(2) the European Union and its member states 
should instead work with other contracting states of 
the ICAO to develop a consensual approach to ad-
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195 
dressing aircraft greenhouse gas emissions through the 
ICAO. 
SEC. 
513. 
AIRPORT 
NOISE 
COMPATIBILITY 
PLANNING 
STUDY, PORT AUTHORITY OF NEW YORK AND 
NEW JERSEY. 
It is the sense of the House of Representatives that the 
Port Authority of New York and New Jersey should under-
take an airport noise compatibility planning study under 
part 150 of title 14, Code of Federal Regulations, for the 
airports that the Port Authority operates as of November 
2, 2009. In undertaking the study, the Port Authority 
should pay particular attention to the impact of noise on 
affected neighborhoods, including homes, businesses, and 
places of worship surrounding LaGuardia Airport, Newark 
Liberty Airport, and JFK Airport. 
SEC. 514. GAO STUDY ON COMPLIANCE WITH FAA RECORD 
OF DECISION. 
(a) STUDY.—The Comptroller General shall conduct a 
study to determine whether the Federal Aviation Adminis-
tration and the Massachusetts Port Authority are com-
plying with the requirements of the Federal Aviation Ad-
ministration’s record of decision dated August 2, 2002. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
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196 
TITLE VI—FAA EMPLOYEES AND 
ORGANIZATION 
SEC. 
601. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM. 
(a) DISPUTE
RESOLUTION.—Section 40122(a) is 
amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), 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 Federal 
Mediation and Conciliation Service to at-
tempt to reach such agreement in accord-
ance with part 1425 of title 29, Code of 
Federal Regulations (as in effect on the date 
of enactment of the FAA Reauthorization 
Act of 2009); or 
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197 
‘‘(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) BINDING ARBITRATION.— 
‘‘(i) ASSISTANCE FROM FEDERAL SERV-
ICE IMPASSES PANEL.—If the services of the 
Federal Mediation and Conciliation Service 
under subparagraph (A)(i) do not lead to 
an agreement, the Administrator and the 
exclusive bargaining 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 jurisdic-
tion 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 Di-
rector of the Federal Mediation and Concil-
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198 
iation 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 select one per-
son from the list. The 2 arbitrators selected 
by the parties shall then select a third per-
son from the list within 7 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 alternately striking 
names on the list until one arbitrator re-
mains. 
‘‘(iii) 
FRAMING
ISSUES
IN
CON-
TROVERSY.—If the parties do not agree on 
the framing of the issues to be submitted for 
arbitration, the arbitration board shall 
frame the issues. 
‘‘(iv) 
HEARINGS.—The 
arbitration 
board shall give the parties a full and fair 
hearing, 
including 
an 
opportunity 
to 
present evidence in support of their claims 
and an opportunity to present their case in 
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215 
may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Task Force 
to assist it in carrying out its duties under this sec-
tion. 
(3) OTHER STAFF AND SUPPORT.—Upon request 
of the Task Force or a panel of the Task Force, the 
Administrator shall provide the Task Force or panel 
with professional and administrative staff and other 
support, on a reimbursable basis, to the Task Force 
to assist it in carrying out its duties under this sec-
tion. 
(e) OBTAINING OFFICIAL DATA.—The Task Force may 
secure directly from any department or agency of the 
United States information (other than information required 
by any statute of the United States to be kept confidential 
by such department or agency) necessary for the Task Force 
to carry out its duties under this section. Upon request of 
the chairperson of the Task Force, the head of that depart-
ment or agency shall furnish such information to the Task 
Force. 
(f) DUTIES.— 
(1) STUDY.—The Task Force shall undertake a 
study of— 
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