149 
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. 420. 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: 
(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.
150 
(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. 
(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.
151 
(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. 421. DENIED BOARDING COMPENSATION. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue a final regulation to modify section 250 
of title 14, Code of Federal Regulations, regarding denied 
boarding compensation, to appropriately adjust the 
amount of such compensation for an aircraft with 30 or 
more seats. 
(b) EVALUATION.—Not later than 2 years after the 
date of issuance of the final regulation under this section 
and every 2 years thereafter, the Secretary shall evaluate 
the amount provided for denied boarding compensation
152 
and issue a regulation to adjust such compensation as nec-
essary. 
SEC. 422. 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
153 
thereafter, the Administrator shall submit to Congress a 
report regarding scheduling at the 35 airports that have 
the greatest number of passenger enplanements, including 
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. 423. 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 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.
154 
(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-
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. 
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).