Public Law 112-95

PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 11

Public Law 112–95
112th Congress
An Act
To amend title 49, United States Code, to authorize appropriations for the Federal
Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity,
to provide stable funding for the national aviation system, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘FAA Modernization and Reform Act of 2012’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Feb. 14, 2012
[H.R. 658]

FAA
Modernization
and Reform Act
of 2012.
49 USC 40101
note.

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I—AUTHORIZATIONS
Subtitle A—Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility planning and
programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System projects.
Subtitle B—Passenger Facility Charges
Sec. 111. Passenger facility charges.
Sec. 112. GAO study of alternative means of collecting PFCs.
Sec. 113. Qualifications-based selection.

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Subtitle C—Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.

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Subtitle D—Airport Improvement Program Modifications
Airport master plans.
AIP definitions.
Recycling plans for airports.
Contents of competition plans.
Grant assurances.
Agreements granting through-the-fence access to general aviation airports.
Government share of project costs.
Allowable project costs.
Veterans’ preference.
Minority and disadvantaged business participation.
Special apportionment rules.
United States territories minimum guarantee.
Reducing apportionments.
Marshall Islands, Micronesia, and Palau.

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126 STAT. 12

PUBLIC LAW 112–95—FEB. 14, 2012
Sec.
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145.
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Sec. 151.
Sec. 152.
Sec. 153.
Sec. 154.
Sec. 155.
Sec. 156.

Use of apportioned amounts.
Designating current and former military airports.
Contract tower program.
Resolution of disputes concerning airport fees.
Sale of private airports to public sponsors.
Repeal of certain limitations on Metropolitan Washington Airports Authority.
Midway Island Airport.
Miscellaneous amendments.
Extension of grant authority for compatible land use planning and
projects by State and local governments.
Priority review of construction projects in cold weather States.
Study on national plan of integrated airport systems.
Airport privatization program.

TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC
CONTROL MODERNIZATION
Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control modernization projects.
Sec. 218. Airspace redesign.
Sec. 219. Study on feasibility of development of a public internet web-based resource on locations of potential aviation obstructions.
Sec. 220. NextGen research and development center of excellence.
Sec. 221. Public-private partnerships.
Sec. 222. Operational incentives.
Sec. 223. Educational requirements.
Sec. 224. Air traffic controller staffing initiatives and analysis.
Sec. 225. Reports on status of greener skies project.
TITLE III—SAFETY

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Sec. 301.
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Subtitle A—General Provisions
Judicial review of denial of airman certificates.
Release of data relating to abandoned type certificates and supplemental
type certificates.
Design and production organization certificates.
Cabin crew communication.
Line check evaluations.
Safety of air ambulance operations.
Prohibition on personal use of electronic devices on flight deck.
Inspection of repair stations located outside the United States.
Enhanced training for flight attendants.
Limitation on disclosure of safety information.
Prohibition against aiming a laser pointer at an aircraft.
Aircraft certification process review and reform.
Consistency of regulatory interpretation.
Runway safety.
Flight Standards Evaluation Program.
Cockpit smoke.
Off-airport, low-altitude aircraft weather observation technology.
Feasibility of requiring helicopter pilots to use night vision goggles.
Maintenance providers.
Study of air quality in aircraft cabins.
Improved pilot licenses.
Subtitle B—Unmanned Aircraft Systems

Sec. 331. Definitions.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 13

Sec. 332. Integration of civil unmanned aircraft systems into national airspace system.
Sec. 333. Special rules for certain unmanned aircraft systems.
Sec. 334. Public unmanned aircraft systems.
Sec. 335. Safety studies.
Sec. 336. Special rule for model aircraft.
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Subtitle C—Safety and Protections
Aviation Safety Whistleblower Investigation Office.
Postemployment restrictions for flight standards inspectors.
Review of air transportation oversight system database.
Improved voluntary disclosure reporting system.
Duty periods and flight time limitations applicable to flight crewmembers.
Certain existing flight time limitations and rest requirements.
Emergency locator transmitters on general aviation aircraft.
TITLE IV—AIR SERVICE IMPROVEMENTS

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401.
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Sec. 413.
Sec. 414.
Sec. 415.

Subtitle A—Passenger Air Service Improvements
Smoking prohibition.
Monthly air carrier reports.
Musical instruments.
Extension of competitive access reports.
Airfares for members of the Armed Forces.
Review of air carrier flight delays, cancellations, and associated causes.
Compensation for delayed baggage.
DOT airline consumer complaint investigations.
Study of operators regulated under part 135.
Use of cell phones on passenger aircraft.
Establishment of advisory committee for aviation consumer protection.
Disclosure of seat dimensions to facilitate the use of child safety seats on
aircraft.
Schedule reduction.
Ronald Reagan Washington National Airport slot exemptions.
Passenger air service improvements.

Subtitle B—Essential Air Service
Sec. 421. Limitation on essential air service to locations that average fewer than
10 enplanements per day.
Sec. 422. Essential air service eligibility.
Sec. 423. Essential air service marketing.
Sec. 424. Notice to communities prior to termination of eligibility for subsidized essential air service.
Sec. 425. Restoration of eligibility to a place determined to be ineligible for subsidized essential air service.
Sec. 426. Adjustments to compensation for significantly increased costs.
Sec. 427. Essential air service contract guidelines.
Sec. 428. Essential air service reform.
Sec. 429. Small community air service.
Sec. 430. Repeal of essential air service local participation program.
Sec. 431. Extension of final order establishing mileage adjustment eligibility.
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Sec. 507.
Sec. 508.

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Sec.
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509.
510.
511.
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TITLE V—ENVIRONMENTAL STREAMLINING
Overflights of national parks.
State block grant program.
Airport funding of special studies or reviews.
Grant eligibility for assessment of flight procedures.
Determination of fair market value of residential properties.
Prohibition on operating certain aircraft weighing 75,000 pounds or less
not complying with stage 3 noise levels.
Aircraft departure queue management pilot program.
High performance, sustainable, and cost-effective air traffic control facilities.
Sense of Congress.
Aviation noise complaints.
Pilot program for zero-emission airport vehicles.
Increasing the energy efficiency of airport power sources.

TITLE VI—FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.

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126 STAT. 14

PUBLIC LAW 112–95—FEB. 14, 2012
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603.
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Collegiate training initiative study.
Frontline manager staffing.
FAA technical training and staffing.
Safety critical staffing.
Air traffic control specialist qualification training.
FAA air traffic controller staffing.
Air traffic controller training and scheduling.
FAA facility conditions.
Technical correction.

TITLE VII—AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third-party liability of air carriers arising
out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
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TITLE VIII—MISCELLANEOUS
Disclosure of data to Federal agencies in interest of national security.
FAA authority to conduct criminal history record checks.
Civil penalties technical amendments.
Consolidation and realignment of FAA services and facilities.
Limiting access to flight decks of all-cargo aircraft.
Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format.
Prohibition on use of certain funds.
Study on aviation fuel prices.
Wind turbine lighting.
Air-rail code sharing study.
D.C. Metropolitan Area Special Flight Rules Area.
FAA review and reform.
Use of mineral revenue at certain airports.
Contracting.
Flood planning.
Historical aircraft documents.
Release from restrictions.
Sense of Congress.
Human Intervention Motivation Study.
Study of aeronautical mobile telemetry.
Clarification of requirements for volunteer pilots operating charitable
medical flights.
Pilot program for redevelopment of airport properties.
Report on New York City and Newark air traffic control facilities.
Cylinders of compressed oxygen or other oxidizing gases.
Orphan aviation earmarks.
Privacy protections for air passenger screening with advanced imaging
technology.
Commercial space launch license requirements.
Air transportation of lithium cells and batteries.
Clarification of memorandum of understanding with OSHA.
Approval of applications for the airport security screening opt-out program.

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT
901. Authorization of appropriations.
902. Definitions.
903. Unmanned aircraft systems.
904. Research program on runways.
905. Research on design for certification.
906. Airport cooperative research program.
907. Centers of excellence.
908. Center of excellence for aviation human resource research.
909. Interagency research on aviation and the environment.
910. Aviation fuel research and development program.
911. Research program on alternative jet fuel technology for civil aircraft.
912. Review of FAA’s energy-related and environment-related research programs.
913. Review of FAA’s aviation safety-related research programs.
914. Production of clean coal fuel technology for civilian aircraft.
915. Wake turbulence, volcanic ash, and weather research.
916. Reauthorization of center of excellence in applied research and training
in the use of advanced materials in transport aircraft.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 15

Sec. 917. Research and development of equipment to clean and monitor the engine
and APU bleed air supplied on pressurized aircraft.
Sec. 918. Expert review of enterprise architecture for NextGen.
Sec. 919. Airport sustainability planning working group.
Sec.
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1001.
1002.
1003.
1004.

TITLE X—NATIONAL MEDIATION BOARD
Rulemaking authority.
Runoff election rules.
Bargaining representative certification.
Oversight.

TITLE XI—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED
TAXES
Sec. 1100. Amendment of 1986 code.
Sec. 1101. Extension of taxes funding airport and airway trust fund.
Sec. 1102. Extension of airport and airway trust fund expenditure authority.
Sec. 1103. Treatment of fractional aircraft ownership programs.
Sec. 1104. Transparency in passenger tax disclosures.
Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical aircraft.
Sec. 1106. Rollover of amounts received in airline carrier bankruptcy.
Sec. 1107. Termination of exemption for small jet aircraft on nonestablished lines.
Sec. 1108. Modification of control definition for purposes of section 249.
TITLE XII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
Sec. 1201. Compliance provision.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
49, United States Code.
SEC. 3. EFFECTIVE DATE.

Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on the date of
enactment of this Act.

49 USC 40101
note.

TITLE I—AUTHORIZATIONS
Subtitle A—Funding of FAA Programs
SEC.

101.

AIRPORT PLANNING AND DEVELOPMENT
COMPATIBILITY PLANNING AND PROGRAMS.

AND

NOISE

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(a) AUTHORIZATION.—Section 48103 is amended to read as follows:
‘‘§ 48103. Airport planning and development and noise
compatibility planning and programs
‘‘(a) IN GENERAL.—There shall be available to the Secretary
of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986
to make grants for airport planning and airport development under
section 47104, airport noise compatibility planning under section
47505(a)(2), and carrying out noise compatibility programs under
section 47504(c) $3,350,000,000 for each of fiscal years 2012 through
2015.
‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made available
under subsection (a) shall remain available until expended.’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended
in the matter preceding paragraph (1) by striking ‘‘After’’ and

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126 STAT. 16

PUBLIC LAW 112–95—FEB. 14, 2012
all the follows before ‘‘the Secretary’’ and inserting ‘‘After September
30, 2015,’’.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48101(a) is
amended by striking paragraphs (1) through (8) and inserting the
following:
‘‘(1) $2,731,000,000 for fiscal year 2012.
‘‘(2) $2,715,000,000 for fiscal year 2013.
‘‘(3) $2,730,000,000 for fiscal year 2014.
‘‘(4) $2,730,000,000 for fiscal year 2015.’’.
(b) SET-ASIDES.—Section 48101 is amended—
(1) by striking subsections (c), (d), (e), (h), and (i); and
(2) by redesignating subsections (f) and (g) as subsections
(c) and (d), respectively.
SEC. 103. FAA OPERATIONS.

Determination.

(a) IN GENERAL.—Section 106(k)(1) is amended by striking subparagraphs (A) through (H) and inserting the following:
‘‘(A) $9,653,000,000 for fiscal year 2012;
‘‘(B) $9,539,000,000 for fiscal year 2013;
‘‘(C) $9,596,000,000 for fiscal year 2014; and
‘‘(D) $9,653,000,000 for fiscal year 2015.’’.
(b)
AUTHORIZED
EXPENDITURES.—Section
106(k)(2)
is
amended—
(1) by striking subparagraphs (A), (B), (C), and (D);
(2) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (A), (B), and (C), respectively; and
(3) in subparagraphs (A), (B), and (C) (as so redesignated)
by striking ‘‘2004 through 2007’’ and inserting ‘‘2012 through
2015’’.
(c) AUTHORITY TO TRANSFER FUNDS.—Section 106(k) is
amended by adding at the end the following:
‘‘(3)
ADMINISTERING
PROGRAM
WITHIN
AVAILABLE
FUNDING.—Notwithstanding any other provision of law, in each
of fiscal years 2012 through 2015, if the Secretary determines
that the funds appropriated under paragraph (1) are insufficient
to meet the salary, operations, and maintenance expenses of
the Federal Aviation Administration, as authorized by this
section, the Secretary shall reduce nonsafety-related activities
of the Administration as necessary to reduce such expenses
to a level that can be met by the funding available under
paragraph (1).’’.

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SEC. 104. FUNDING FOR AVIATION PROGRAMS.

(a) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—Section
48114(a)(1)(A) is amended to read as follows:
‘‘(A) IN GENERAL.—The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year pursuant to sections 48101, 48102, 48103, and
106(k) shall—
‘‘(i) in fiscal year 2013, be equal to 90 percent
of the estimated level of receipts plus interest credited
to the Airport and Airway Trust Fund for that fiscal
year; and
‘‘(ii) in fiscal year 2014 and each fiscal year thereafter, be equal to the sum of—

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‘‘(I) 90 percent of the estimated level of receipts
plus interest credited to the Airport and Airway
Trust Fund for that fiscal year; and
‘‘(II) the actual level of receipts plus interest
credited to the Airport and Airway Trust Fund
for the second preceding fiscal year minus the
total amount made available for obligation from
the Airport and Airway Trust Fund for the second
preceding fiscal year.
Such amounts may be used only for the aviation investment
programs listed in subsection (b)(1).’’.
(b) TECHNICAL CORRECTION.—Section 48114(a)(1)(B) is amended
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b)(1)’’.
(c) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE
GENERAL FUND.—Section 48114(a)(2) is amended by striking ‘‘2007’’
and inserting ‘‘2015’’.
(d) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST DEFINED.—
Section 48114(b)(2) is amended—
(1) in the paragraph heading by striking ‘‘LEVEL’’ and
inserting ‘‘ESTIMATED LEVEL’’; and
(2) by striking ‘‘level of receipts plus interest’’ and inserting
‘‘estimated level of receipts plus interest’’.
(e) ENFORCEMENT OF GUARANTEES.—Section 48114(c)(2) is
amended by striking ‘‘2007’’ and inserting ‘‘2015’’.
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION
SYSTEM PROJECTS.

Section 44501(b) is amended—
(1) in paragraph (3) by striking ‘‘and’’ after the semicolon;
(2) in paragraph (4)(B) by striking ‘‘defense.’’ and inserting
‘‘defense; and’’; and
(3) by adding at the end the following:
‘‘(5) a list of capital projects that are part of the Next
Generation Air Transportation System and funded by amounts
appropriated under section 48101(a).’’.

Subtitle B—Passenger Facility Charges

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SEC. 111. PASSENGER FACILITY CHARGES.

(a) PFC DEFINED.—Section 40117(a)(5) is amended to read
as follows:
‘‘(5) PASSENGER FACILITY CHARGE.—The term ‘passenger
facility charge’ means a charge or fee imposed under this section.’’.
(b) PILOT PROGRAM FOR PFC AUTHORIZATIONS AT NONHUB AIRPORTS.—Section 40117(l) is amended—
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) CORRECTION OF REFERENCES.—
(1) SECTION 40117.—Section 40117 is amended—
(A) in the section heading by striking ‘‘fees’’ and
inserting ‘‘charges’’;
(B) in the heading for subsection (e) by striking ‘‘FEES’’
and inserting ‘‘CHARGES’’;
(C) in the heading for subsection (l) by striking ‘‘FEE’’
and inserting ‘‘CHARGE’’;

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126 STAT. 18

PUBLIC LAW 112–95—FEB. 14, 2012
(D) in the heading for paragraph (5) of subsection
(l) by striking ‘‘FEE’’ and inserting ‘‘CHARGE’’;
(E) in the heading for subsection (m) by striking ‘‘FEES’’
and inserting ‘‘CHARGES’’;
(F) in the heading for paragraph (1) of subsection (m)
by striking ‘‘FEES’’ and inserting ‘‘CHARGES’’;
(G) by striking ‘‘fee’’ each place it appears (other than
the second sentence of subsection (g)(4)) and inserting
‘‘charge’’; and
(H) by striking ‘‘fees’’ each place it appears and
inserting ‘‘charges’’.
(2) OTHER REFERENCES.—
(A) Subtitle VII is amended by striking ‘‘fee’’ and
inserting ‘‘charge’’ each place it appears in each of the
following sections:
(i) Section 47106(f)(1).
(ii) Section 47110(e)(5).
(iii) Section 47114(f).
(iv) Section 47134(g)(1).
(v) Section 47139(b).
(vi) Section 47521.
(vii) Section 47524(e).
(viii) Section 47526(2).
(B) Section 47521(5) is amended by striking ‘‘fees’’ and
inserting ‘‘charges’’.
(3) CLERICAL AMENDMENT.—The analysis for chapter 401
is amended by striking the item relating to section 40117
and inserting the following:
‘‘40117. Passenger facility charges.’’.
SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.

(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study of alternative means of collecting passenger
facility charges imposed under section 40117 of title 49, United
States Code, that would permit such charges to be collected without
being included in the ticket price. In conducting the study, the
Comptroller General shall consider, at a minimum—
(1) collection options for arriving, connecting, and departing
passengers at airports;
(2) cost sharing or allocation methods based on passenger
travel to address connecting traffic; and
(3) examples of airport charges collected by domestic and
international airports that are not included in ticket prices.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the study, including the Comptroller
General’s findings, conclusions, and recommendations.

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SEC. 113. QUALIFICATIONS-BASED SELECTION.

It is the sense of Congress that airports should consider the
use of qualifications-based selection in carrying out capital improvement projects funded using passenger facility charges collected
under section 40117 of title 49, United States Code, with the goal
of serving the needs of all stakeholders.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 19

Subtitle C—Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.

(a) ESTABLISHMENT AND ADJUSTMENT OF FEES.—Section
45301(b) is amended to read as follows:
‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.—
‘‘(1) IN GENERAL.—In establishing and adjusting fees under
this section, the Administrator shall ensure that the fees are
reasonably related to the Administration’s costs, as determined
by the Administrator, of providing the services rendered.
‘‘(2) SERVICES FOR WHICH COSTS MAY BE RECOVERED.—Services for which costs may be recovered under this section include
the costs of air traffic control, navigation, weather services,
training, and emergency services that are available to facilitate
safe transportation over the United States and the costs of
other services provided by the Administrator, or by programs
financed by the Administrator, to flights that neither take
off nor land in the United States.
‘‘(3) LIMITATIONS ON JUDICIAL REVIEW.—Notwithstanding
section 702 of title 5 or any other provision of law, the following
actions and other matters shall not be subject to judicial review:
‘‘(A) The establishment or adjustment of a fee by the
Administrator under this section.
‘‘(B) The validity of a determination of costs by the
Administrator under paragraph (1), and the processes and
procedures applied by the Administrator when reaching
such determination.
‘‘(C) An allocation of costs by the Administrator under
paragraph (1) to services provided, and the processes and
procedures applied by the Administrator when establishing
such allocation.
‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this section shall
require the Administrator to take into account aircraft altitude
in establishing any fee for aircraft operations in en route or
oceanic airspace.
‘‘(5) COSTS DEFINED.—In this subsection, the term ‘costs’
includes operation and maintenance costs, leasing costs, and
overhead expenses associated with the services provided and
the facilities and equipment used in providing such services.’’.
(b) ADJUSTMENT OF FEES.—Section 45301 is amended by adding
at the end the following:
‘‘(e) ADJUSTMENT OF FEES.—In addition to adjustments under
subsection (b), the Administrator may periodically adjust the fees
established under this section.’’.
SEC. 122. REGISTRATION FEES.

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(a) IN GENERAL.—Chapter 453 is amended by adding at the
end the following:
‘‘§ 45305. Registration, certification, and related fees
‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to subsection (b),
the Administrator of the Federal Aviation Administration shall
establish and collect a fee for each of the following services and
activities of the Administration that does not exceed the estimated
costs of the service or activity:
‘‘(1) Registering an aircraft.

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126 STAT. 20

PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(2) Reregistering, replacing, or renewing an aircraft registration certificate.
‘‘(3) Issuing an original dealer’s aircraft registration certificate.
‘‘(4) Issuing an additional dealer’s aircraft registration certificate (other than the original).
‘‘(5) Issuing a special registration number.
‘‘(6) Issuing a renewal of a special registration number
reservation.
‘‘(7) Recording a security interest in an aircraft or aircraft
part.
‘‘(8) Issuing an airman certificate.
‘‘(9) Issuing a replacement airman certificate.
‘‘(10) Issuing an airman medical certificate.
‘‘(11) Providing a legal opinion pertaining to aircraft registration or recordation.
‘‘(b) LIMITATION ON COLLECTION.—No fee may be collected under
this section unless the expenditure of the fee to pay the costs
of activities and services for which the fee is imposed is provided
for in advance in an appropriations Act.
‘‘(c) FEES CREDITED AS OFFSETTING COLLECTIONS.—
‘‘(1) IN GENERAL.—Notwithstanding section 3302 of title
31, any fee authorized to be collected under this section shall—
‘‘(A) be credited as offsetting collections to the account
that finances the activities and services for which the fee
is imposed;
‘‘(B) be available for expenditure only to pay the costs
of activities and services for which the fee is imposed,
including all costs associated with collecting the fee; and
‘‘(C) remain available until expended.
‘‘(2) CONTINUING APPROPRIATIONS.—The Administrator may
continue to assess, collect, and spend fees established under
this section during any period in which the funding for the
Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration’s
regular appropriations.
‘‘(3) ADJUSTMENTS.—The Administrator shall adjust a fee
established under subsection (a) for a service or activity if
the Administrator determines that the actual cost of the service
or activity is higher or lower than was indicated by the cost
data used to establish such fee.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 453 is
amended by adding at the end the following:
‘‘45305. Registration, certification, and related fees.’’.

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(c) FEES INVOLVING AIRCRAFT NOT
TATION.—Section 45302(e) is amended—

PROVIDING AIR TRANSPOR-

(1) by striking ‘‘A fee’’ and inserting the following:
‘‘(1) IN GENERAL.—A fee’’; and
(2) by adding at the end the following:
‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may
not be imposed for a service or activity under this section
during any period in which a fee for the same service or
activity is imposed under section 45305.’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 21

Subtitle D—Airport Improvement Program
Modifications
SEC. 131. AIRPORT MASTER PLANS.

Section 47101(g)(2) is amended—
(1) in subparagraph (B) by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (C) as subparagraph
(D); and
(3) by inserting after subparagraph (B) the following:
‘‘(C) consider passenger convenience, airport ground
access, and access to airport facilities; and’’.

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SEC. 132. AIP DEFINITIONS.

(a) AIRPORT DEVELOPMENT.—Section 47102(3) is amended—
(1) in subparagraph (B)(iv) by striking ‘‘20’’ and inserting
‘‘9’’;
(2) in subparagraph (G) by inserting ‘‘and including
acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’; and
(3) by adding at the end the following:
‘‘(M) construction of mobile refueler parking within
a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulations.
‘‘(N) terminal development under section 47119(a).
‘‘(O) acquiring and installing facilities and equipment
to provide air conditioning, heating, or electric power from
terminal-based, nonexclusive use facilities to aircraft
parked at a public use airport for the purpose of reducing
energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power
from aircraft-based systems.’’.
(b) AIRPORT PLANNING.—Section 47102(5) is amended to read
as follows:
‘‘(5) ‘airport planning’ means planning as defined by regulations the Secretary prescribes and includes—
‘‘(A) integrated airport system planning;
‘‘(B) developing an environmental management system;
and
‘‘(C) developing a plan for recycling and minimizing
the generation of airport solid waste, consistent with
applicable State and local recycling laws, including the
cost of a waste audit.’’.
(c) GENERAL AVIATION AIRPORT.—Section 47102 is amended—
(1) by redesignating paragraphs (23) through (25) as paragraphs (25) through (27), respectively;
(2) by redesignating paragraphs (8) through (22) as paragraphs (9) through (23), respectively; and
(3) by inserting after paragraph (7) the following:
‘‘(8) ‘general aviation airport’ means a public airport that
is located in a State and that, as determined by the Secretary—
‘‘(A) does not have scheduled service; or
‘‘(B) has scheduled service with less than 2,500 passenger boardings each year.’’.
(d) REVENUE PRODUCING AERONAUTICAL SUPPORT FACILITIES.—
Section 47102 is amended by inserting after paragraph (23) (as
redesignated by subsection (c)(2) of this section) the following:

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(24) ‘revenue producing aeronautical support facilities’
means fuel farms, hangar buildings, self-service credit card
aeronautical fueling systems, airplane wash racks, major
rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will
increase the revenue producing ability of the airport.’’.
(e) TERMINAL DEVELOPMENT.—Section 47102 (as amended by
subsection (c) of this section) is further amended by adding at
the end the following:
‘‘(28) ‘terminal development’ means—
‘‘(A) development of—
‘‘(i) an airport passenger terminal building,
including terminal gates;
‘‘(ii) access roads servicing exclusively airport
traffic that leads directly to or from an airport passenger terminal building; and
‘‘(iii) walkways that lead directly to or from an
airport passenger terminal building; and
‘‘(B) the cost of a vehicle described in section
47119(a)(1)(B).’’.
SEC. 133. RECYCLING PLANS FOR AIRPORTS.

Section 47106(a) is amended—
(1) in paragraph (4) by striking ‘‘and’’ at the end;
(2) in paragraph (5) by striking ‘‘proposed.’’ and inserting
‘‘proposed; and’’; and
(3) by adding at the end the following:
‘‘(6) if the project is for an airport that has an airport
master plan, the master plan addresses issues relating to solid
waste recycling at the airport, including—
‘‘(A) the feasibility of solid waste recycling at the airport;
‘‘(B) minimizing the generation of solid waste at the
airport;
‘‘(C) operation and maintenance requirements;
‘‘(D) the review of waste management contracts; and
‘‘(E) the potential for cost savings or the generation
of revenue.’’.
SEC. 134. CONTENTS OF COMPETITION PLANS.

Section 47106(f)(2) is amended—
(1) by striking ‘‘patterns of air service,’’;
(2) by inserting ‘‘and’’ before ‘‘whether’’; and
(3) by striking ‘‘, and airfare levels’’ and all that follows
before the period.

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SEC. 135. GRANT ASSURANCES.

(a)
GENERAL
WRITTEN
ASSURANCES.—Section
47107(a)(16)(D)(ii) is amended by inserting before the semicolon
at the end the following: ‘‘, except in the case of a relocation
or replacement of an existing airport facility that meets the conditions of section 47110(d)’’.
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.—
(1) USE OF PROCEEDS.—Section 47107(c)(2) is amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i) by striking
‘‘purpose—’’ and inserting ‘‘purpose (including land
serving as a noise buffer either by being undeveloped

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 23

or developed in a way that is compatible with using
the land for noise buffering purposes)—’’;
(ii) in clause (iii) by striking ‘‘paid to the Secretary’’
and all that follows before the semicolon and inserting
‘‘reinvested in another project at the airport or transferred to another airport as the Secretary prescribes
under paragraph (4)’’; and
(B) in subparagraph (B)(iii) by striking ‘‘reinvested,
on application’’ and all that follows before the period at
the end and inserting ‘‘reinvested in another project at
the airport or transferred to another airport as the Secretary prescribes under paragraph (4)’’.
(2) ELIGIBLE PROJECTS.—Section 47107(c) is amended by
adding at the end the following:
‘‘(4) In approving the reinvestment or transfer of proceeds under
paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give preference, in descending order, to the following actions:
‘‘(A) Reinvestment in an approved noise compatibility
project.
‘‘(B) Reinvestment in an approved project that is eligible
for funding under section 47117(e).
‘‘(C) Reinvestment in an approved airport development
project that is eligible for funding under section 47114, 47115,
or 47117.
‘‘(D) Transfer to a sponsor of another public airport to
be reinvested in an approved noise compatibility project at
that airport.
‘‘(E) Payment to the Secretary for deposit in the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986.
‘‘(5)(A) A lease at fair market value by an airport owner or
operator of land acquired for a noise compatibility purpose using
a grant provided under this subchapter shall not be considered
a disposal for purposes of paragraph (2).
‘‘(B) The airport owner or operator may use revenues from
a lease described in subparagraph (A) for an approved airport
development project that is eligible for funding under section 47114,
47115, or 47117.
‘‘(C) The Secretary shall coordinate with each airport owner
or operator to ensure that leases described in subparagraph (A)
are consistent with noise buffering purposes.
‘‘(D) The provisions of this paragraph apply to all land acquired
before, on, or after the date of enactment of this paragraph.’’.

Lease.

Applicability.
Effective date.

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SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO
GENERAL AVIATION AIRPORTS.

(a) IN GENERAL.—Section 47107 is amended by adding at the
end the following:
‘‘(t) AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO
GENERAL AVIATION AIRPORTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a sponsor of
a general aviation airport shall not be considered to be in
violation of this subtitle, or to be in violation of a grant assurance made under this section or under any other provision
of law as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor enters
into an agreement that grants to a person that owns residential

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126 STAT. 24

Effective date.
49 USC 47107
note.

PUBLIC LAW 112–95—FEB. 14, 2012
real property adjacent to or near the airport access to the
airfield of the airport for the following:
‘‘(A) Aircraft of the person.
‘‘(B) Aircraft authorized by the person.
‘‘(2) THROUGH-THE-FENCE AGREEMENTS.—
‘‘(A) IN GENERAL.—An agreement described in paragraph (1) between an airport sponsor and a property owner
(or an association representing such property owner) shall
be a written agreement that prescribes the rights, responsibilities, charges, duration, and other terms the airport
sponsor determines are necessary to establish and manage
the airport sponsor’s relationship with the property owner.
‘‘(B) TERMS AND CONDITIONS.—An agreement described
in paragraph (1) between an airport sponsor and a property
owner (or an association representing such property owner)
shall require the property owner, at minimum—
‘‘(i) to pay airport access charges that, as determined by the airport sponsor, are comparable to those
charged to tenants and operators on-airport making
similar use of the airport;
‘‘(ii) to bear the cost of building and maintaining
the infrastructure that, as determined by the airport
sponsor, is necessary to provide aircraft located on
the property adjacent to or near the airport access
to the airfield of the airport;
‘‘(iii) to maintain the property for residential, noncommercial use for the duration of the agreement;
‘‘(iv) to prohibit access to the airport from other
properties through the property of the property owner;
and
‘‘(v) to prohibit any aircraft refueling from occurring on the property.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to an agreement between an airport sponsor and a
property owner (or an association representing such property owner)
entered into before, on, or after the date of enactment of this
Act.

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SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.

Section 47109 is amended—
(1) in subsection (a) by striking ‘‘provided in subsection
(b) or subsection (c) of this section’’ and inserting ‘‘otherwise
provided in this section’’; and
(2) by adding at the end the following:
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL HUB TO
MEDIUM HUB STATUS.—If the status of a small hub airport changes
to a medium hub airport, the Government’s share of allowable
project costs for the airport may not exceed 90 percent for the
first 2 fiscal years after such change in hub status.
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DISTRESSED COMMUNITIES.—The Government’s share of allowable project costs shall
be 95 percent for a project at an airport that—
‘‘(1) is receiving essential air service for which compensation was provided to an air carrier under subchapter II of
chapter 417; and
‘‘(2) is located in an area that meets one or more of the
criteria established in section 301(a) of the Public Works and

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126 STAT. 25

Economic Development Act of 1965 (42 U.S.C. 3161(a)), as
determined by the Secretary of Commerce.’’.

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SEC. 138. ALLOWABLE PROJECT COSTS.

(a) ALLOWABLE PROJECT COSTS.—Section 47110(b)(2)(D) is
amended to read as follows:
‘‘(D) if the cost is for airport development and is incurred
before execution of the grant agreement, but in the same fiscal
year as execution of the grant agreement, and if—
‘‘(i) the cost was incurred before execution of the grant
agreement because the airport has a shortened construction
season due to climactic conditions in the vicinity of the
airport;
‘‘(ii) the cost is in accordance with an airport layout
plan approved by the Secretary and with all statutory
and administrative requirements that would have been
applicable to the project if the project had been carried
out after execution of the grant agreement, including
submission of a complete grant application to the appropriate regional or district office of the Federal Aviation
Administration;
‘‘(iii) the sponsor notifies the Secretary before authorizing work to commence on the project;
‘‘(iv) the sponsor has an alternative funding source
available to fund the project; and
‘‘(v) the sponsor’s decision to proceed with the project
in advance of execution of the grant agreement does not
affect the priority assigned to the project by the Secretary
for the allocation of discretionary funds;’’.
(b) INCLUSION OF MEASURES TO IMPROVE EFFICIENCY OF AIRPORT BUILDINGS IN AIRPORT IMPROVEMENT PROJECTS.—Section
47110(b) is amended—
(1) in paragraph (5) by striking ‘‘; and’’ and inserting a
semicolon;
(2) in paragraph (6) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) if the cost is incurred on a measure to improve the
efficiency of an airport building (such as a measure designed
to meet one or more of the criteria for being considered a
high-performance green building as set forth under section
401(13) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17061(13))) and—
‘‘(A) the measure is for a project for airport development;
‘‘(B) the measure is for an airport building that is
otherwise eligible for construction assistance under this
subchapter; and
‘‘(C) if the measure results in an increase in initial
project costs, the increase is justified by expected savings
over the life cycle of the project.’’.
(c) RELOCATION OF AIRPORT-OWNED FACILITIES.—Section
47110(d) is amended to read as follows:
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.—The Secretary may determine that the costs of relocating or replacing
an airport-owned facility are allowable for an airport development
project at an airport only if—

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126 STAT. 26

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(1) the Government’s share of such costs will be paid
with funds apportioned to the airport sponsor under section
47114(c)(1) or 47114(d);
‘‘(2) the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design
standards; and
‘‘(3) the Secretary determines that the change is beyond
the control of the airport sponsor.’’.
(d) NONPRIMARY AIRPORTS.—Section 47110(h) is amended—
(1) by inserting ‘‘construction’’ before ‘‘costs of revenue producing’’; and
(2) by striking ‘‘, including fuel farms and hangars,’’.
(e) BIRD-DETECTING RADAR SYSTEMS.—Section 47110 is
amended by adding at the end the following:
‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—The Administrator of
the Federal Aviation Administration, upon the conclusion of all
planned research by the Administration regarding avian radar systems, shall—
‘‘(1) update Advisory Circular No. 150/5220–25 to specify
which systems have been studied; and
‘‘(2) within 180 days after such research is concluded, issue
a final report on the use of avian radar systems in the national
airspace system.’’.
SEC. 139. VETERANS’ PREFERENCE.

Section 47112(c) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B) by striking ‘‘separated from’’
and inserting ‘‘discharged or released from active duty in’’;
and
(B) by adding at the end the following:
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an individual
who served on active duty (as defined in section 101 of title
38) in the armed forces in support of Operation Enduring
Freedom, Operation Iraqi Freedom, or Operation New Dawn
for more than 180 consecutive days, any part of which occurred
after September 11, 2001, and before the date prescribed by
presidential proclamation or by law as the last day of Operation
Enduring Freedom, Operation Iraqi Freedom, or Operation New
Dawn (whichever is later), and who was discharged or released
from active duty in the armed forces under honorable conditions.
‘‘(D) ‘Persian Gulf veteran’ means an individual who served
on active duty in the armed forces in the Southwest Asia
theater of operations during the Persian Gulf War for more
than 180 consecutive days, any part of which occurred after
August 2, 1990, and before the date prescribed by presidential
proclamation or by law, and who was discharged or released
from active duty in the armed forces under honorable conditions.’’; and
(2) in paragraph (2) by striking ‘‘Vietnam-era veterans
and disabled veterans’’ and inserting ‘‘Vietnam-era veterans,
Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled
veterans, and small business concerns (as defined in section
3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans’’.

Definition.
Time period.

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Definition.

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126 STAT. 27

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SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

(a) FINDINGS.—Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program (49 U.S.C. 47107(e) and 47113), discrimination and
related barriers continue to pose significant obstacles for
minority- and women-owned businesses seeking to do business
in airport-related markets across the Nation. These continuing
barriers merit the continuation of the airport disadvantaged
business enterprise program.
(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies,
news stories, reports of discrimination by organizations and
individuals, and discrimination lawsuits. This testimony and
documentation shows that race- and gender-neutral efforts
alone are insufficient to address the problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-related businesses of women business owners and minority business owners in the racial groups
detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects
of airport-related business in the public and private markets.
(4) This testimony and documentation provides a strong
basis that there is a compelling need for the continuation
of the airport disadvantaged business enterprise program and
the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airportrelated business.
(b) STANDARDIZING CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES.—Section 47113 is amended by adding at the
end the following:
‘‘(e) MANDATORY TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall establish
a mandatory training program for persons described in paragraph (3) to provide streamlined training on certifying whether
a small business concern qualifies as a small business concern
owned and controlled by socially and economically disadvantaged individuals under this section and section 47107(e).
‘‘(2) IMPLEMENTATION.—The training program may be
implemented by one or more private entities approved by the
Secretary.
‘‘(3) PARTICIPANTS.—A person referred to in paragraph (1)
is an official or agent of an airport sponsor—
‘‘(A) who is required to provide a written assurance
under this section or section 47107(e) that the airport
owner or operator will meet the percentage goal of subsection (b) of this section or section 47107(e)(1), as the
case may be; or
‘‘(B) who is responsible for determining whether or
not a small business concern qualifies as a small business
concern owned and controlled by socially and economically
disadvantaged individuals under this section or section
47107(e).’’.

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PUBLIC LAW 112–95—FEB. 14, 2012
(c) INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY DISADVANTAGED SMALL BUSINESS CONCERNS.—
(1) IN GENERAL.—For each of fiscal years 2013 through
2015, the Inspector General of the Department of Transportation shall submit to Congress a report on the number of
new small business concerns owned and controlled by socially
and economically disadvantaged individuals, including those
owned by veterans, that participated in the programs and
activities funded using the amounts made available under this
Act.
(2) NEW SMALL BUSINESS CONCERNS.—For purposes of subsection (a), a new small business concern is a small business
concern that did not participate in the programs and activities
described in subsection (a) in a previous fiscal year.
(3) CONTENTS.—The report shall include—
(A) a list of the top 25 and bottom 25 large and medium
hub airports in terms of providing opportunities for small
business concerns owned and controlled by socially and
economically disadvantaged individuals to participate in
the programs and activities funded using the amounts
made available under this Act;
(B) the results of an assessment, to be conducted by
the Inspector General, on the reasons why the top airports
have been successful in providing such opportunities; and
(C) recommendations to the Administrator of the Federal Aviation Administration and Congress on methods
for other airports to achieve results similar to those of
the top airports.
SEC. 141. SPECIAL APPORTIONMENT RULES.

(a) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MINIMUM APPORTIONMENT AMOUNT.—Section 47114(d) is amended by adding at
the end the following:
‘‘(7) ELIGIBILITY

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TO RECEIVE PRIMARY AIRPORT MINIMUM
APPORTIONMENT AMOUNT.—Notwithstanding any other provi-

sion of this subsection, the Secretary may apportion to an
airport sponsor in a fiscal year an amount equal to the minimum apportionment available under subsection (c)(1)(B) if the
Secretary finds that the airport—
‘‘(A) received scheduled or unscheduled air service from
a large certificated air carrier (as defined in part 241
of title 14, Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) in the calendar year used to
calculate the apportionment; and
‘‘(B) had more than 10,000 passenger boardings in
the calendar year used to calculate the apportionment.’’.
(b) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013.—Section
47114(c)(1) is amended—
(1) by striking subparagraphs (F) and (G); and
(2) by inserting after subparagraph (E) the following:
‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013.—
Notwithstanding subparagraph (A), for an airport that had
more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either
calendar year 2009 or 2010, or in both years, the number
of passenger boardings decreased to a level below 10,000

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 29

boardings per year at such airport, the Secretary may
apportion in each of fiscal years 2012 and 2013 to the
sponsor of such airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2009.’’.
SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.

Section 47114 is amended by adding at the end the following:
‘‘(g) SUPPLEMENTAL APPORTIONMENT FOR PUERTO RICO AND
UNITED STATES TERRITORIES.—The Secretary shall apportion
amounts for airports in Puerto Rico and all other United States
territories in accordance with this section. This subsection does
not prohibit the Secretary from making project grants for airports
in Puerto Rico or other United States territories from the discretionary fund under section 47115.’’.
SEC. 143. REDUCING APPORTIONMENTS.

Section 47114(f)(1) is amended by striking subparagraphs (A)
and (B) and inserting the following:
‘‘(A) in the case of a charge of $3.00 or less—
‘‘(i) except as provided in clause (ii), 50 percent
of the projected revenues from the charge in the fiscal
year but not by more than 50 percent of the amount
that otherwise would be apportioned under this section;
or
‘‘(ii) with respect to an airport in Hawaii, 50 percent of the projected revenues from the charge in the
fiscal year but not by more than 50 percent of the
excess of—
‘‘(I) the amount that otherwise would be apportioned under this section; over
‘‘(II) the amount equal to the amount specified
in subclause (I) multiplied by the percentage of
the total passenger boardings at the applicable
airport that are comprised of interisland passengers; and
‘‘(B) in the case of a charge of more than $3.00—
‘‘(i) except as provided in clause (ii), 75 percent
of the projected revenues from the charge in the fiscal
year but not by more than 75 percent of the amount
that otherwise would be apportioned under this section;
or
‘‘(ii) with respect to an airport in Hawaii, 75 percent of the projected revenues from the charge in the
fiscal year but not by more than 75 percent of the
excess of—
‘‘(I) the amount that otherwise would be apportioned under this section; over
‘‘(II) the amount equal to the amount specified
in subclause (I) multiplied by the percentage of
the total passenger boardings at the applicable
airport that are comprised of interisland passengers.’’.
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SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

Section 47115(j) is amended by striking ‘‘For fiscal years’’ and
all that follows before ‘‘the sponsors’’ and inserting ‘‘For fiscal
years 2012 through 2015,’’.

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126 STAT. 30

PUBLIC LAW 112–95—FEB. 14, 2012
SEC. 145. USE OF APPORTIONED AMOUNTS.

Section 47117(e)(1)(A) is amended—
(1) by striking ‘‘35 percent’’ in the first sentence and
inserting ‘‘35 percent, but not more than $300,000,000,’’;
(2) by striking ‘‘and’’ after ‘‘47141,’’;
(3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), and for
water quality mitigation projects to comply with the Act of
June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project
under this title.’’; and
(4) by striking ‘‘such 35 percent requirement is’’ in the
second sentence and inserting ‘‘the requirements of the preceding sentence are’’.
SEC. 146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.

(a) CONSIDERATIONS.—Section 47118(c) is amended—
(1) in paragraph (1) by striking ‘‘or’’ after the semicolon;
(2) in paragraph (2) by striking ‘‘delays.’’ and inserting
‘‘delays; or’’; and
(3) by adding at the end the following:
‘‘(3) preserve or enhance minimum airfield infrastructure
facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations—
‘‘(A) within United States jurisdiction or control; and
‘‘(B) where there is a demonstrable lack of diversionary
airports within the distance or flight-time required by regulations governing transoceanic flights.’’.
(b) DESIGNATION OF GENERAL AVIATION AIRPORTS.—Section
47118(g) is amended—
(1) in the subsection heading by striking ‘‘AIRPORT’’ and
inserting ‘‘AIRPORTS’’; and
(2) by striking ‘‘one of the airports bearing a designation
under subsection (a) may be a general aviation airport that
was a former military installation’’ and inserting ‘‘3 of the
airports bearing designations under subsection (a) may be general aviation airports that were former military installations’’.
(c) SAFETY-CRITICAL AIRPORTS.—Section 47118 is amended by
adding at the end the following:
‘‘(h) SAFETY-CRITICAL AIRPORTS.—Notwithstanding any other
provision of this chapter, a grant under section 47117(e)(1)(B) may
be made for a federally owned airport designated under subsection
(a) if the grant is for a project that is—
‘‘(1) to preserve or enhance minimum airfield infrastructure
facilities described in subsection (c)(3); and
‘‘(2) necessary to meet the minimum safety and emergency
operational requirements established under part 139 of title
14, Code of Federal Regulations.’’.

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SEC. 147. CONTRACT TOWER PROGRAM.

(a) COST-BENEFIT REQUIREMENT.—Section 47124(b) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘(1) The Secretary’’ and inserting the
following:
‘‘(1) CONTRACT TOWER PROGRAM.—
‘‘(A) CONTINUATION.—The Secretary’’; and
(B) by adding at the end the following:

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 31

‘‘(B) SPECIAL RULE.—If the Secretary determines that
a tower already operating under the program continued
under this paragraph has a benefit-to-cost ratio of less
than 1.0, the airport sponsor or State or local government
having jurisdiction over the airport shall not be required
to pay the portion of the costs that exceeds the benefit
for a period of 18 months after such determination is
made.
‘‘(C) USE OF EXCESS FUNDS.—If the Secretary finds
that all or part of an amount made available to carry
out the program continued under this paragraph is not
required during a fiscal year, the Secretary may use, during
such fiscal year, the amount not so required to carry out
the program established under paragraph (3).’’; and
(2) in paragraph (2) by striking ‘‘(2) The Secretary’’ and
inserting the following:
‘‘(2) GENERAL AUTHORITY.—The Secretary’’.
(b) FUNDING; USE OF EXCESS FUNDS.—Section 47124(b)(3) is
amended by striking subparagraph (E) and inserting the following:
‘‘(E) FUNDING.—Of the amounts appropriated pursuant
to section 106(k)(1), not more than $10,350,000 for each
of fiscal years 2012 through 2015 may be used to carry
out this paragraph.
‘‘(F) USE OF EXCESS FUNDS.—If the Secretary finds
that all or part of an amount made available under this
paragraph is not required during a fiscal year, 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 regular safety assessments of air
traffic control towers that receive funding under this section.’’.

Determination.
Time period.

Standards.

SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.

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(a) IN GENERAL.—Section 47129 is amended—
(1) by striking the section heading and inserting the following:
‘‘§ 47129. Resolution of disputes concerning airport fees’’;
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ after ‘‘CARRIER’’ in the heading for subsection (d);
(3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ after ‘‘CARRIER’’
in the heading for subsection (d)(2);
(4) by striking ‘‘air carrier’’ each place it appears and
inserting ‘‘air carrier or foreign air carrier’’;
(5) by striking ‘‘air carrier’s’’ each place it appears and
inserting ‘‘air carrier’s or foreign air carrier’s’’;
(6) by striking ‘‘air carriers’’ and inserting ‘‘air carriers
or foreign air carriers’’; and
(7) by striking ‘‘(as defined in section 40102 of this title)’’
in subsection (a) and inserting ‘‘(as those terms are defined
in section 40102)’’.

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126 STAT. 32

PUBLIC LAW 112–95—FEB. 14, 2012
(b) CONFORMING AMENDMENT.—The analysis for chapter 471
is amended by striking the item relating to section 47129 and
inserting the following:
‘‘47129. Resolution of disputes concerning airport fees.’’.
SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.

49 USC 47133
note.

(a) IN GENERAL.—Section 47133(b) is amended—
(1) by striking ‘‘Subsection (a) shall not apply if’’ and
inserting the following:
‘‘(1) PRIOR LAWS AND AGREEMENTS.—Subsection (a) shall
not apply if’’; and
(2) by adding at the end the following:
‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.—In
the case of a privately owned airport, subsection (a) shall not
apply to the proceeds from the sale of the airport to a public
sponsor if—
‘‘(A) the sale is approved by the Secretary;
‘‘(B) funding is provided under this subchapter for any
portion of the public sponsor’s acquisition of airport land;
and
‘‘(C) an amount equal to the remaining unamortized
portion of any airport improvement grant made to that
airport for purposes other than land acquisition, amortized
over a 20-year period, plus an amount equal to the Federal
share of the current fair market value of any land acquired
with an airport improvement grant made to that airport
on or after October 1, 1996, is repaid to the Secretary
by the private owner.
‘‘(3) TREATMENT OF REPAYMENTS.—Repayments referred to
in paragraph (2)(C) shall be treated as a recovery of prior
year obligations.’’.
(b) APPLICABILITY TO GRANTS.—The amendments made by subsection (a) shall apply to grants issued on or after October 1,
1996.
SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN
WASHINGTON AIRPORTS AUTHORITY.

Section 49108, and the item relating to section 49108 in the
analysis for chapter 491, are repealed.
SEC. 151. MIDWAY ISLAND AIRPORT.

Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking ‘‘for fiscal
years’’ and all that follows before ‘‘from amounts’’ and inserting
‘‘for fiscal years 2012 through 2015’’.

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SEC. 152. MISCELLANEOUS AMENDMENTS.

(a) TECHNICAL CHANGES TO NATIONAL PLAN OF INTEGRATED
AIRPORT SYSTEMS.—Section 47103 is amended—
(1) in subsection (a)—
(A) by striking ‘‘each airport to—’’ and inserting ‘‘the
airport system to—’’;
(B) in paragraph (1) by striking ‘‘system in the particular area;’’ and inserting ‘‘system, including connection
to the surface transportation network; and’’;
(C) in paragraph (2) by striking ‘‘; and’’ and inserting
a period; and
(D) by striking paragraph (3);

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 33

(2) in subsection (b)—
(A) in paragraph (1) by striking the semicolon and
inserting ‘‘; and’’;
(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated) by striking
‘‘, Short Takeoff and Landing/Very Short Takeoff and
Landing aircraft operations,’’; and
(3) in subsection (d) by striking ‘‘status of the’’.
(b) CONSOLIDATION OF TERMINAL DEVELOPMENT PROVISIONS.—
Section 47119 is amended—
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
approve a project for terminal development (including
multimodal terminal development) in a nonrevenue-producing
public-use area of a commercial service airport—
‘‘(A) if the sponsor certifies that the airport, on the
date the grant application is submitted to the Secretary,
has—
‘‘(i) all the safety equipment required for certification of the airport under section 44706;
‘‘(ii) all the security equipment required by regulation; and
‘‘(iii) provided for access by passengers to the area
of the airport for boarding or exiting aircraft that are
not air carrier aircraft;
‘‘(B) if the cost is directly related to moving passengers
and baggage in air commerce within the airport, including
vehicles for moving passengers between terminal facilities
and between terminal facilities and aircraft; and
‘‘(C) under terms necessary to protect the interests
of the Government.
‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING PARKING LOTS.—In making a decision under
paragraph (1), the Secretary may approve as allowable costs
the expenses of terminal development in a revenue-producing
area and construction, reconstruction, repair, and improvement
in a nonrevenue-producing parking lot if—
‘‘(A) except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total
annual passenger boardings in the United States; and
‘‘(B) the sponsor certifies that any needed airport
development project affecting safety, security, or capacity
will not be deferred because of the Secretary’s approval.’’;
(3) in subsection (b)(4)(B) (as redesignated by paragraph
(1) of this subsection) by striking ‘‘Secretary of Transportation’’
and inserting ‘‘Secretary’’;
(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by
paragraph (1) of this subsection) by striking ‘‘section 47110(d)’’
and inserting ‘‘subsection (a)’’;
(5) in subsection (b)(5) (as redesignated by paragraph (1)
of this subsection) by striking ‘‘subsection (b)(1) and (2)’’ and
inserting ‘‘subsections (c)(1) and (c)(2)’’;

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PUBLIC LAW 112–95—FEB. 14, 2012
(6) in subsections (c)(1), (c)(2)(A), (c)(3), and (c)(4) (as
redesignated by paragraph (1) of this subsection) by striking
‘‘section 47110(d) of this title’’ and inserting ‘‘subsection (a)’’;
(7) in subsections (c)(2)(B) and (c)(5) (as redesignated by
paragraph (1) of this subsection) by striking ‘‘section 47110(d)’’
and inserting ‘‘subsection (a)’’; and
(8) by adding at the end the following:
‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The Secretary may
distribute not more than $20,000,000 from the discretionary fund
established under section 47115 for terminal development projects
at a nonhub airport or a small hub airport that is eligible to
receive discretionary funds under section 47108(e)(3).’’.
(c) ANNUAL REPORT.—Section 47131(a) is amended—
(1) by striking ‘‘April 1’’ and inserting ‘‘June 1’’; and
(2) by striking paragraphs (1), (2), (3), and (4) and inserting
the following:
‘‘(1) a summary of airport development and planning completed;
‘‘(2) a summary of individual grants issued;
‘‘(3) an accounting of discretionary and apportioned funds
allocated;
‘‘(4) the allocation of appropriations; and’’.
(d) CORRECTION TO EMISSION CREDITS PROVISION.—Section
47139 is amended—
(1) in subsection (a) by striking ‘‘47102(3)(F),’’; and
(2) in subsection (b)—
(A) by striking ‘‘47102(3)(F),’’; and
(B) by striking ‘‘47103(3)(F),’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 40117(a)(3)(B) is amended by striking ‘‘section
47110(d)’’ and inserting ‘‘section 47119(a)’’.
(2) Section 47108(e)(3) is amended—
(A) by striking ‘‘section 47110(d)(2)’’ and inserting ‘‘section 47119(a)’’; and
(B) by striking ‘‘section 47110(d)’’ and inserting ‘‘section
47119(a)’’.
(f) CORRECTION TO SURPLUS PROPERTY AUTHORITY.—Section
47151(e) is amended by striking ‘‘(other than real property’’ and
all that follows through ‘‘(10 U.S.C. 2687 note))’’.
(g) DEFINITIONS.—
(1) CONGESTED AIRPORT.—Section 47175(2) is amended by
striking ‘‘2001’’ and inserting ‘‘2004 or any successor report’’.
(2) JOINT USE AIRPORT.—Section 47175 is amended by
adding at the end the following:
‘‘(7) JOINT USE AIRPORT.—The term ‘joint use airport’ means
an airport owned by the Department of Defense, at which
both military and civilian aircraft make shared use of the
airfield.’’.

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SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND
USE PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.

Section 47141(f) is amended to read as follows:
‘‘(f) SUNSET.—This section shall not be in effect after September
30, 2015.’’.

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126 STAT. 35

SEC. 154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD
WEATHER STATES.

49 USC 47112
note.

The Administrator of the Federal Aviation Administration, to
the extent practicable, shall schedule the Administrator’s review
of construction projects so that projects to be carried out in States
in which the weather during a typical calendar year prevents major
construction projects from being carried out before May 1 are
reviewed as early as possible.

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SEC. 155. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall begin
a study to evaluate the formulation of the national plan of
integrated airport systems (in this section referred to as the ‘‘plan’’)
under section 47103 of title 49, United States Code.
(b) CONTENTS OF STUDY.—The study shall include a review
of the following:
(1) The criteria used for including airports in the plan
and the application of such criteria in the most recently published version of the plan.
(2) The changes in airport capital needs as shown in the
2005–2009 and 2007–2011 plans, compared with the amounts
apportioned or otherwise made available to individual airports
between 2005 and 2010.
(3) A comparison of the amounts received by airports under
the airport improvement program in airport apportionments,
State apportionments, and discretionary grants during such
fiscal years with capital needs as reported in the plan.
(4) The effect of transfers of airport apportionments under
title 49, United States Code.
(5) An analysis on the feasibility and advisability of apportioning amounts under section 47114(c)(1) of title 49, United
States Code, to the sponsor of each primary airport for each
fiscal year an amount that bears the same ratio to the amount
subject to the apportionment for fiscal year 2009 as the number
of passenger boardings at the airport during the prior calendar
year bears to the aggregate of all passenger boardings at all
primary airports during that calendar year.
(6) A documentation and review of the methods used by
airports to reach the 10,000 passenger enplanement threshold,
including whether such airports subsidize commercial flights
to reach such threshold, at every airport in the United States
that reported between 10,000 and 15,000 passenger
enplanements during each of the 2 most recent calendar years
for which such data is available.
(7) Any other matters pertaining to the plan that the
Secretary determines appropriate.
(c) REPORT TO CONGRESS.—
(1) SUBMISSION.—Not later than 36 months after the date
that the Secretary begins the study under this section, the
Secretary 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.
(2) CONTENTS.—The report shall include—

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126 STAT. 36

PUBLIC LAW 112–95—FEB. 14, 2012
(A) the findings of the Secretary on each of the issues
described in subsection (b);
(B) recommendations for any changes to policies and
procedures for formulating the plan; and
(C) recommendations for any changes to the methods
of determining the amounts to be apportioned or otherwise
made available to individual airports.
SEC. 156. AIRPORT PRIVATIZATION PROGRAM.

Section 47134(b) is amended in the matter preceding paragraph
(1) by striking ‘‘5 airports’’ and inserting ‘‘10 airports’’.

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TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC
CONTROL MODERNIZATION

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49 USC 40101
note.

SEC. 201. DEFINITIONS.

49 USC 40101
note.

SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.

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In this title, the following definitions apply:
(1) NEXTGEN.—The term ‘‘NextGen’’ means the Next
Generation Air Transportation System.
(2) ADS–B.—The term ‘‘ADS–B’’ means automatic
dependent surveillance-broadcast.
(3) ADS–B OUT.—The term ‘‘ADS–B Out’’ means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(4) ADS–B IN.—The term ‘‘ADS–B In’’ means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft as well as the ability of the aircraft to receive
information from other transmitting aircraft and the ground
infrastructure.
(5) RNAV.—The term ‘‘RNAV’’ means area navigation.
(6) RNP.—The term ‘‘RNP’’ means required navigation
performance.
In allocating amounts appropriated pursuant to section
48101(a) of title 49, United States Code, the Secretary of Transportation shall give priority to the following NextGen activities:
(1) Next Generation Transportation System—Demonstrations and Infrastructure Development.
(2) Next Generation Transportation System—Trajectory
Based Operations.
(3) Next Generation Transportation System—Reduce
Weather Impact.
(4) Next Generation Transportation System—Arrivals/
Departures at High Density Airports.
(5) Next Generation Transportation System—Collaborative
ATM.
(6) Next Generation Transportation System—Flexible
Terminals and Airports.
(7) Next Generation Transportation System—Safety, Security, and Environment.

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126 STAT. 37

(8) Next Generation Transportation System—Systems Network Facilities.
(9) Center for Advanced Aviation System Development.
(10) Next Generation Transportation System—System
Development.
(11) Data Communications in support of Next Generation
Air Transportation System.
(12) ADS–B NAS-Wide Implementation.
(13) System-Wide Information Management.
(14) Next Generation Transportation System—Facility
Consolidation and Realignment.
(15) En Route Modernization—D-Position Upgrade and
System Enhancements.
(16) National Airspace System Voice System.
(17) Next Generation Network Enabled Weather.
(18) NextGen Performance Based Navigation Metroplex
Area Navigation/Required Navigation Performance.
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS.

Section 106(m) is amended in the last sentence by inserting
‘‘with or’’ before ‘‘without reimbursement’’.

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SEC. 204. CHIEF NEXTGEN OFFICER.

Section 106 is amended by adding at the end the following:
‘‘(s) CHIEF NEXTGEN OFFICER.—
‘‘(1) IN GENERAL.—
‘‘(A) APPOINTMENT.—There shall be a Chief NextGen
Officer appointed by the Administrator, with the approval
of the Secretary. The Chief NextGen Officer shall report
directly to the Administrator and shall be subject to the
authority of the Administrator.
‘‘(B) QUALIFICATIONS.—The Chief NextGen Officer shall
have a demonstrated ability in management and knowledge
of or experience in aviation and systems engineering.
‘‘(C) TERM.—The Chief NextGen Officer shall be
appointed for a term of 5 years.
‘‘(D) REMOVAL.—The Chief NextGen Officer shall serve
at the pleasure of the Administrator, except that the
Administrator shall make every effort to ensure stability
and continuity in the leadership of the implementation
of NextGen.
‘‘(E) VACANCY.—Any individual appointed to fill a
vacancy in the position of Chief NextGen Officer occurring
before the expiration of the term for which the individual’s
predecessor was appointed shall be appointed for the
remainder of that term.
‘‘(2) COMPENSATION.—
‘‘(A) IN GENERAL.—The Chief NextGen Officer shall
be paid at an annual rate of basic pay to be determined
by the Administrator. The annual rate may not exceed
the annual compensation paid under section 102 of title
3. The Chief NextGen Officer shall be subject to the
postemployment provisions of section 207 of title 18 as
if the position of Chief NextGen Officer were described
in section 207(c)(2)(A)(i) of that title.
‘‘(B) BONUS.—In addition to the annual rate of basic
pay authorized by subparagraph (A), the Chief NextGen

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126 STAT. 38

PUBLIC LAW 112–95—FEB. 14, 2012
Officer may receive a bonus for any calendar year not
to exceed 30 percent of the annual rate of basic pay, based
upon the Administrator’s evaluation of the Chief NextGen
Officer’s performance in relation to the performance goals
set forth in the performance agreement described in paragraph (3).
‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The Administrator and the Chief NextGen Officer, in consultation with
the Federal Aviation Management Advisory Council, shall enter
into an annual performance agreement that sets forth measurable organization and individual goals for the Chief NextGen
Officer in key operational areas. The agreement shall be subject
to review and renegotiation on an annual basis.
‘‘(4) ANNUAL PERFORMANCE REPORT.—The Chief NextGen
Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Science,
Space, and Technology of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of
the Senate an annual management report containing such
information as may be prescribed by the Secretary.
‘‘(5) RESPONSIBILITIES.—The responsibilities of the Chief
NextGen Officer include the following:
‘‘(A) Implementing NextGen activities and budgets
across all program offices of the Federal Aviation Administration.
‘‘(B) Coordinating the implementation of NextGen
activities with the Office of Management and Budget.
‘‘(C) Reviewing and providing advice on the Administration’s modernization programs, budget, and cost
accounting system with respect to NextGen.
‘‘(D) With respect to the budget of the Administration—
‘‘(i) developing a budget request of the Administration related to the implementation of NextGen;
‘‘(ii) submitting such budget request to the
Administrator; and
‘‘(iii) ensuring that the budget request supports
the annual and long-range strategic plans of the
Administration with respect to NextGen.
‘‘(E) Consulting with the Administrator on the Capital
Investment Plan of the Administration prior to its submission to Congress.
‘‘(F) Developing an annual NextGen implementation
plan.
‘‘(G) Ensuring that NextGen implementation activities
are planned in such a manner as to require that system
architecture is designed to allow for the incorporation of
novel and currently unknown technologies into NextGen
in the future and that current decisions do not bias future
decisions unfairly in favor of existing technology at the
expense of innovation.
‘‘(H) Coordinating with the NextGen Joint Planning
and Development Office with respect to facilitating cooperation among all Federal agencies whose operations and
interests are affected by the implementation of NextGen.
‘‘(6) EXCEPTION.—If the Administrator appoints as the Chief
NextGen Officer, pursuant to paragraph (1)(A), an Executive

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126 STAT. 39

Schedule employee covered by section 5315 of title 5, then
paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall
not apply to such employee.
‘‘(7) NEXTGEN DEFINED.—For purposes of this subsection,
the term ‘NextGen’ means the Next Generation Air Transportation System.’’.
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.

Section 40102(a)(4) is amended—
(1) by redesignating subparagraph (D) as subparagraph
(E);
(2) by striking subparagraphs (B) and (C); and
(3) by inserting after subparagraph (A) the following:
‘‘(B) runway lighting and airport surface visual and
other navigation aids;
‘‘(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to
air traffic control facilities or aircraft;
‘‘(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;’’;
(4) in subparagraph (E) (as redesignated by paragraph
(1) of this section)—
(A) by striking ‘‘another structure’’ and inserting ‘‘any
structure, equipment,’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(5) by adding at the end the following:
‘‘(F) buildings, equipment, and systems dedicated to
the national airspace system.’’.
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

Section 40110(c) is amended—
(1) by inserting ‘‘and’’ after the semicolon in paragraph
(3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).

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SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

Section 40113(e) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(whether public or private)’’ after
‘‘authorities’’; and
(B) by striking ‘‘safety.’’ and inserting ‘‘safety or efficiency. The Administrator is authorized to participate in,
and submit offers in response to, competitions to provide
these services, and to contract with foreign aviation
authorities to provide these services consistent with section
106(l)(6).’’;
(2) in paragraph (2) by adding at the end the following:
‘‘The Administrator is authorized, notwithstanding any other
provision of law or policy, to accept payments for services
provided under this subsection in arrears.’’; and
(3) by striking paragraph (3) and inserting the following:
‘‘(3) CREDITING APPROPRIATIONS.—Funds received by the
Administrator pursuant to this section shall—
‘‘(A) be credited to the appropriation current when
the amount is received;

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(B) be merged with and available for the purposes
of such appropriation; and
‘‘(C) remain available until expended.’’.
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT
PLANNING AND DEVELOPMENT OFFICE.

49 USC 40101
note.

Appointment.

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Notice.

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(a) REDESIGNATION OF JPDO DIRECTOR TO ASSOCIATE ADMINISTRATOR.—
(1) ASSOCIATE ADMINISTRATOR FOR NEXT GENERATION AIR
TRANSPORTATION SYSTEM PLANNING, DEVELOPMENT, AND INTERAGENCY COORDINATION.—Section 709(a) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note;
117 Stat. 2582) is amended—
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following:
‘‘(2) The head of the Office shall be the Associate Administrator
for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by
the Administrator of the Federal Aviation Administration, with
the approval of the Secretary. The Administrator shall appoint
the Associate Administrator after consulting with the Chairman
of the Next Generation Senior Policy Committee and providing
advanced notice to the other members of that Committee.’’.
(2) RESPONSIBILITIES.—Section 709(a)(3) of such Act (as
redesignated by paragraph (1) of this subsection) is amended—
(A) in subparagraph (G) by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (H) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(I) establishing specific quantitative goals for the safety,
capacity, efficiency, performance, and environmental impacts
of each phase of Next Generation Air Transportation System
planning and development activities and measuring actual operational experience against those goals, taking into account noise
pollution reduction concerns of affected communities to the
extent practicable in establishing the environmental goals;
‘‘(J) working to ensure global interoperability of the Next
Generation Air Transportation System;
‘‘(K) working to ensure the use of weather information
and space weather information in the Next Generation Air
Transportation System as soon as possible;
‘‘(L) overseeing, with the Administrator and in consultation
with the Chief NextGen Officer, the selection of products or
outcomes of research and development activities that should
be moved to a demonstration phase; and
‘‘(M) maintaining a baseline modeling and simulation
environment for testing and evaluating alternative concepts
to satisfy Next Generation Air Transportation System enterprise architecture requirements.’’.
(3) COOPERATION WITH OTHER FEDERAL AGENCIES.—Section
709(a)(4) of such Act (as redesignated by paragraph (1) of
this subsection) is amended—
(A) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; and
(B) by adding at the end the following:

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126 STAT. 41

‘‘(B) The Secretary of Defense, the Administrator of the National
Aeronautics and Space Administration, the Secretary of Commerce,
the Secretary of Homeland Security, and the head of any other
Federal agency from which the Secretary of Transportation requests
assistance under subparagraph (A) shall designate a senior official
in the agency to be responsible for—
‘‘(i) carrying out the activities of the agency relating to
the Next Generation Air Transportation System in coordination
with the Office, including the execution of all aspects of the
work of the agency in developing and implementing the
integrated work plan described in subsection (b)(5);
‘‘(ii) serving as a liaison for the agency in activities of
the agency relating to the Next Generation Air Transportation
System and coordinating with other Federal agencies involved
in activities relating to the System; and
‘‘(iii) ensuring that the agency meets its obligations as
set forth in any memorandum of understanding executed by
or on behalf of the agency relating to the Next Generation
Air Transportation System.
‘‘(C) The head of a Federal agency referred to in subparagraph
(B) shall—
‘‘(i) ensure that the responsibilities of the agency relating
to the Next Generation Air Transportation System are clearly
communicated to the senior official of the agency designated
under subparagraph (B);
‘‘(ii) ensure that the performance of the senior official in
carrying out the responsibilities of the agency relating to the
Next Generation Air Transportation System is reflected in the
official’s annual performance evaluations and compensation;
‘‘(iii) establish or designate an office within the agency
to carry out its responsibilities under the memorandum of
understanding under the supervision of the designated official;
and
‘‘(iv) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s
Next Generation Air Transportation System responsibilities as
set forth in the integrated plan under subsection (b).
‘‘(D) Not later than 6 months after the date of enactment
of this subparagraph, the head of each Federal agency that has
responsibility for carrying out any activity under the integrated
plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the
activity.’’.
(4) COORDINATION WITH OMB.—Section 709(a) of such Act
(117 Stat. 2582) is further amended by adding at the end
the following:
‘‘(6)(A) The Office shall work with the Director of the Office
of Management and Budget to develop a process whereby the
Director will identify projects related to the Next Generation Air
Transportation System across the agencies referred to in paragraph
(4)(A) and consider the Next Generation Air Transportation System
as a unified, cross-agency program.
‘‘(B) The Director of the Office of Management and Budget,
to the extent practicable, shall—
‘‘(i) ensure that—

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49 USC 40101
note.

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‘‘(I) each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under section 1105(a) of title 31, United States
Code, for each fiscal year covered by the plan to carry
out its responsibilities under the plan; and
‘‘(II) the development and implementation of the Next
Generation Air Transportation System remains on
schedule;
‘‘(ii) include, in the President’s budget, a statement of the
portion of the estimated budget of each Federal agency covered
by the plan that relates to the activities of the agency under
the Next Generation Air Transportation System; and
‘‘(iii) identify and justify as part of the President’s budget
submission any inconsistencies between the plan and amounts
requested in the budget.
‘‘(7) The Associate Administrator for Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination shall be a voting member of the Joint Resources
Council of the Federal Aviation Administration.’’.
(b) INTEGRATED PLAN.—Section 709(b) of such Act (117 Stat.
2583) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘meets air’’ and inserting ‘‘meets anticipated future air’’; and
(B) by striking ‘‘beyond those currently included in
the Federal Aviation Administration’s operational evolution
plan’’;
(2) at the end of paragraph (3) by striking ‘‘and’’;
(3) at the end of paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(5) a multiagency integrated work plan for the Next
Generation Air Transportation System that includes—
‘‘(A) an outline of the activities required to achieve
the end-state architecture, as expressed in the concept
of operations and enterprise architecture documents, that
identifies each Federal agency or other entity responsible
for each activity in the outline;
‘‘(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings,
policy decisions, and other milestones of progress for each
Federal agency or entity conducting activities relating to
the Next Generation Air Transportation System;
‘‘(C) for each element of the Next Generation Air
Transportation System, an outline, on a year-by-year basis,
of what is to be accomplished in that year toward meeting
the Next Generation Air Transportation System’s end-state
architecture, as expressed in the concept of operations and
enterprise architecture documents, as well as identifying
each Federal agency or other entity that will be responsible
for each component of any research, development, or
implementation program;
‘‘(D) an estimate of all necessary expenditures on a
year-by-year basis, including a statement of each Federal
agency or entity’s responsibility for costs and available
resources, for each stage of development from the basic

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126 STAT. 43

research stage through the demonstration and implementation phase;
‘‘(E) a clear explanation of how each step in the
development of the Next Generation Air Transportation
System will lead to the following step and of the implications of not successfully completing a step in the time
period described in the integrated work plan;
‘‘(F) a transition plan for the implementation of the
Next Generation Air Transportation System that includes
date-specific milestones for the implementation of new
capabilities into the national airspace system;
‘‘(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and
‘‘(H) a description of potentially significant operational
or workforce changes resulting from deployment of the
Next Generation Air Transportation System.’’.
(c) NEXTGEN IMPLEMENTATION PLAN.—Section 709(d) of such
Act (117 Stat. 2584) is amended to read as follows:
‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Administrator
shall develop and publish annually the document known as the
NextGen Implementation Plan, or any successor document, that
provides a detailed description of how the agency is implementing
the Next Generation Air Transportation System.’’.
(d) CONTINGENCY PLANNING.—The Associate Administrator for
Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design
of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major
equipment failure, or act of terrorism.

49 USC 40101
note.
Publication.
Deadline.

49 USC 40101
note.

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SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY
COMMITTEE.

(a) MEETINGS.—Section 710(a) of the Vision 100—Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584)
is amended by inserting before the period at the end the following
‘‘and shall meet at least twice each year’’.
(b) ANNUAL REPORT.—Section 710 of such Act (117 Stat. 2584)
is amended by adding at the end the following:
‘‘(e) ANNUAL REPORT.—
‘‘(1) SUBMISSION TO CONGRESS.—Not later than 1 year after
the date of enactment of this subsection, and annually thereafter on the date of submission of the President’s budget request
to Congress under section 1105(a) of title 31, United States
Code, the Secretary shall submit to Congress a report summarizing the progress made in carrying out the integrated work
plan required by section 709(b)(5) and any changes in that
plan.
‘‘(2) CONTENTS.—The report shall include—
‘‘(A) a copy of the updated integrated work plan;
‘‘(B) a description of the progress made in carrying
out the integrated work plan and any changes in that
plan, including any changes based on funding shortfalls
and limitations set by the Office of Management and
Budget;
‘‘(C) a detailed description of—
‘‘(i) the success or failure of each item of the
integrated work plan for the previous year and relevant

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information as to why any milestone was not met;
and
‘‘(ii) the impact of not meeting the milestone and
what actions will be taken in the future to account
for the failure to complete the milestone;
‘‘(D) an explanation of any change to future years
in the integrated work plan and the reasons for such
change; and
‘‘(E) an identification of the levels of funding for each
agency participating in the integrated work plan devoted
to programs and activities under the plan for the previous
fiscal year and in the President’s budget request.’’.
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

Section 40110(a) is amended by striking paragraphs (2) and
(3) and inserting the following:
‘‘(2) may construct and improve laboratories and other test
facilities; and
‘‘(3) may dispose of any interest in property for adequate
compensation, and the amount so received shall—
‘‘(A) be credited to the appropriation current when
the amount is received;
‘‘(B) be merged with and available for the purposes
of such appropriation; and
‘‘(C) remain available until expended.’’.

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49 USC 40101
note.

SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

(a) REVIEW BY DOT INSPECTOR GENERAL.—
(1) IN GENERAL.—The Inspector General of the Department
of Transportation shall conduct a review concerning the Federal
Aviation Administration’s award and oversight of any contracts
entered into by the Administration to provide ADS–B services
for the national airspace system.
(2) CONTENTS.—The review shall include, at a minimum—
(A) an examination of how the Administration manages
program risks;
(B) an assessment of expected benefits attributable
to the deployment of ADS–B services, including the
Administration’s plans for implementation of advanced
operational procedures and air-to-air applications, as well
as the extent to which ground radar will be retained;
(C) an assessment of the Administration’s analysis of
specific operational benefits, and benefit/costs analyses of
planned operational benefits conducted by the Administration, for ADS–B In and ADS–B Out avionics equipage
for airspace users;
(D) a determination of whether the Administration
has established sufficient mechanisms to ensure that all
design, acquisition, operation, and maintenance requirements have been met by the contractor;
(E) an assessment of whether the Administration and
any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline
of the Administration’s program for providing ADS–B services;

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126 STAT. 45

(F) an assessment of how security issues are being
addressed in the overall design and implementation of the
ADS–B system;
(G) identification of any potential operational or
workforce changes resulting from deployment of ADS–B;
and
(H) any other matters or aspects relating to contract
implementation and oversight that the Inspector General
determines merit attention.
(3) REPORTS TO CONGRESS.—The Inspector General shall
submit, periodically (and on at least an annual basis), 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 subsection.
(b) RULEMAKING.—
(1) ADS–B IN.—Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a rulemaking proceeding to issue
guidelines and regulations relating to ADS–B In technology
that—
(A) identify the ADS–B In technology that will be
required under NextGen;
(B) subject to paragraph (2), require all aircraft operating in capacity constrained airspace, at capacity constrained airports, or in any other airspace deemed appropriate by the Administrator to be equipped with ADS–
B In technology by 2020; and
(C) identify—
(i) the type of avionics required of aircraft for
all classes of airspace;
(ii) the expected costs associated with the avionics;
and
(iii) the expected uses and benefits of the avionics.
(2) READINESS VERIFICATION.—Before the Administrator
completes an ADS–B In equipage rulemaking proceeding or
issues an interim or final rule pursuant to paragraph (1),
the Chief NextGen Officer shall verify that—
(A) the necessary ground infrastructure is installed
and functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface safely
and efficiently.
(c) USE OF ADS–B TECHNOLOGY.—
(1) PLANS.—Not later than 18 months after the date of
enactment of this Act, the Administrator shall develop, in consultation with appropriate employee and industry groups, a
plan for the use of ADS–B technology for surveillance and
active air traffic control.
(2) CONTENTS.—The plan shall—
(A) include provisions to test the use of ADS–B technology for surveillance and active air traffic control in
specific regions of the United States with the most congested airspace;
(B) identify the equipment required at air traffic control facilities and the training required for air traffic
controllers;

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(C) identify procedures, to be developed in consultation
with appropriate employee and industry groups, to conduct
air traffic management in mixed equipage environments;
and
(D) establish a policy in test regions referred to in
subparagraph (A), in consultation with appropriate
employee and industry groups, to provide incentives for
equipage with ADS–B technology, including giving priority
to aircraft equipped with such technology before the 2020
equipage deadline.

49 USC 40101
note.

SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR
NEXTGEN.

(a) REVIEW.—The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the National
Research Council to review the enterprise architecture for the
NextGen.
(b) CONTENTS.—At a minimum, the review to be conducted
under subsection (a) shall—
(1) highlight the technical activities, including humansystem design, organizational design, and other safety and
human factor aspects of the system, that will be necessary
to successfully transition current and planned modernization
programs to the future system envisioned by the Joint Planning
and Development Office of the Administration;
(2) assess technical, cost, and schedule risk for the software
development that will be necessary to achieve the expected
benefits from a highly automated air traffic management
system and the implications for ongoing modernization projects;
and
(3) determine how risks with automation efforts for the
NextGen can be mitigated based on the experiences of other
public or private entities in developing complex, software-intensive systems.
(c) REPORT.—Not later than 1 year 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 containing the results of the review conducted
pursuant to subsection (a).
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SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.

(a) OPERATIONAL EVOLUTION PARTNERSHIP (OEP) AIRPORT
PROCEDURES.—
(1) OEP AIRPORTS REPORT.—Not later than 6 months after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall publish a report, after
consultation with representatives of appropriate Administration
employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and
third parties that have received letters of qualification from
the Administration to design and validate required navigation
performance flight paths for public use (in this section referred
to as ‘‘qualified third parties’’) that includes the following:
(A) RNP/RNAV OPERATIONS FOR OEP AIRPORTS.—The
required navigation performance and area navigation operations, including the procedures to be developed, certified,
and published and the air traffic control operational

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changes, to maximize the fuel efficiency and airspace
capacity of NextGen commercial operations at each of the
35 operational evolution partnership airports identified by
the Administration and any medium or small hub airport
located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to
the maximum extent practicable, avoid overlays of existing
flight procedures, but if unavoidable, the Administrator
shall clearly identify each required navigation performance
and area navigation procedure that is an overlay of an
existing instrument flight procedure and the reason why
such an overlay was used.
(B) COORDINATION AND IMPLEMENTATION ACTIVITIES
FOR OEP AIRPORTS.—A description of the activities and operational changes and approvals required to coordinate and
utilize the procedures at OEP airports.
(C) IMPLEMENTATION PLAN FOR OEP AIRPORTS.—A plan
for implementing the procedures for OEP airports under
subparagraph (A) that establishes—
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition steps;
(iii) baseline and performance metrics for—
(I) measuring the Administration’s progress
in implementing the plan, including the percentage
utilization of required navigation performance in
the national airspace system; and
(II) achieving measurable fuel burn and carbon
dioxide emissions reductions compared to current
performance;
(iv) expedited environmental review procedures
and processes for timely environmental approval of
area navigation and required navigation performance
that offer significant efficiency improvements as determined by baseline and performance metrics under
clause (iii);
(v) coordination and communication mechanisms
with qualified third parties, if applicable;
(vi) plans to address human factors, training, and
other issues for air traffic controllers surrounding the
adoption of RNP procedures in the en route and terminal environments, including in a mixed operational
environment; and
(vii) a lifecycle management strategy for RNP
procedures to be developed by qualified third parties,
if applicable.
(D) ADDITIONAL PROCEDURES FOR OEP AIRPORTS.—A
process for the identification, certification, and publication
of additional required navigation performance and area
navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport
located within the same metroplex area as the OEP airport,
in the future.
(2) IMPLEMENTATION SCHEDULE FOR OEP AIRPORTS.—The
Administrator shall certify, publish, and implement—

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(A) not later than 18 months after the date of enactment of this Act, 30 percent of the required procedures
at OEP airports;
(B) not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures
at OEP airports; and
(C) before June 30, 2015, 100 percent of the required
procedures at OEP airports.
(b) NON-OEP AIRPORTS.—
(1) NON-OEP AIRPORTS REPORT.—Not later than 6 months
after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall publish a report,
after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general
aviation representatives, aircraft and avionics manufacturers,
and third parties that have received letters of qualification
from the Administration to design and validate required navigation performance flight paths for public use (in this section
referred to as ‘‘qualified third parties’’) that includes the following:
(A) RNP OPERATIONS FOR NON-OEP AIRPORTS.—A list
of required navigation performance procedures (as defined
in FAA order 8260.52(d)) to be developed, certified, and
published, and the air traffic control operational changes,
to maximize the fuel efficiency and airspace capacity of
NextGen commercial operations at 35 non-OEP small,
medium, and large hub airports other than those referred
to in subsection (a)(1). The Administrator shall choose such
non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including
improved fuel efficiency and emissions reductions that do
not have public RNP procedures that produce such benefits
on the date of enactment of this Act. The Administrator
shall, to the maximum extent practicable, avoid overlays
of existing flight procedures, but if unavoidable, the
Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing
instrument flight procedure and the reason why such an
overlay was used.
(B) COORDINATION AND IMPLEMENTATION ACTIVITIES
FOR NON-OEP AIRPORTS.—A description of the activities and
operational changes and approvals required to coordinate
and to utilize the procedures required by subparagraph
(A) at each of the airports described in such subparagraph.
(C) IMPLEMENTATION PLAN FOR NON-OEP AIRPORTS.—
A plan for implementation of the procedures required by
subparagraph (A) that establishes—
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition steps;
(iii) coordination and communications mechanisms
with qualified third parties;
(iv) plans to address human factors, training, and
other issues for air traffic controllers surrounding the
adoption of RNP procedures in the en route and terminal environments, including in a mixed operational
environment;

Publication.

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Lists.
Certification.
Publication.

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126 STAT. 49

(v) baseline and performance metrics for—
(I) measuring the Administration’s progress
in implementing the plan, including the percentage
utilization of required navigation performance in
the national airspace system; and
(II) achieving measurable fuel burn and carbon
dioxide emissions reduction compared to current
performance;
(vi) expedited environmental review procedures
and processes for timely environmental approval of
area navigation and required navigation performance
that offer significant efficiency improvements as determined by baseline and performance metrics established
under clause (v);
(vii) a description of the software and database
information, such as a current version of the Noise
Integrated Routing System or the Integrated Noise
Model that the Administration will need to make available to qualified third parties to enable those third
parties to design procedures that will meet the broad
range of requirements of the Administration; and
(viii) lifecycle management strategy for RNP procedures to be developed by qualified third parties, if
applicable.
(D) ADDITIONAL PROCEDURES FOR NON-OEP AIRPORTS.—
A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP
airports in the future.
(2) IMPLEMENTATION SCHEDULE FOR NON-OEP AIRPORTS.—
The Administrator shall certify, publish, and implement—
(A) not later than 18 months after the date of enactment of this Act, 25 percent of the required procedures
for non-OEP airports;
(B) not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures
for non-OEP airports; and
(C) before June 30, 2016, 100 percent of the required
procedures for non-OEP airports.
(c) COORDINATED AND EXPEDITED REVIEW.—
(1) IN GENERAL.—Navigation performance and area navigation procedures developed, certified, published, or implemented
under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code
of Federal Regulations) under chapter 3 of FAA Order 1050.1E
unless the Administrator determines that extraordinary circumstances exist with respect to the procedure.
(2) NEXTGEN PROCEDURES.—Any navigation performance
or other performance based navigation procedure developed,
certified, published, or implemented that, in the determination
of the Administrator, would result in measurable reductions
in fuel consumption, carbon dioxide emissions, and noise, on
a per flight basis, as compared to aircraft operations that
follow existing instrument flight rules procedures in the same
airspace, shall be presumed to have no significant affect on
the quality of the human environment and the Administrator

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126 STAT. 50

shall issue and file a categorical exclusion for the new procedure.
(d) DEPLOYMENT PLAN FOR NATIONWIDE DATA COMMUNICATIONS
SYSTEM.—Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include—
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration’s progress in implementing the plan.
(e) IMPROVED PERFORMANCE STANDARDS.—
(1) ASSESSMENT OF WORK BEING PERFORMED UNDER
NEXTGEN IMPLEMENTATION PLAN.—The Administrator shall
clearly outline in the NextGen Implementation Plan document
of the Administration the work being performed under the
plan to determine—
(A) whether utilization of ADS–B, RNP, and other
technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently
to enable a more efficient use of existing airspace and
result in reduced consumption of aviation fuel and aircraft
engine emissions; and
(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation
of such technologies.
(2) AIRCRAFT SEPARATION STANDARDS.—If the Administrator determines that the standards referred to in paragraph
(1)(B) can be reduced safely, the Administrator shall include
in the NextGen Implementation Plan a timetable for
implementation of such reduced standards.
(f) THIRD-PARTY USAGE.—The Administration shall establish
a program under which the Administrator is authorized to use
qualified third parties in the development, testing, and maintenance
of flight procedures.

Deadline.

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49 USC 40101
note.
Deadline.

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SEC. 214. PERFORMANCE METRICS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish and begin tracking national airspace
system performance metrics, including, at a minimum, metrics with
respect to—
(1) actual arrival and departure rates per hour measured
against the currently published aircraft arrival rate and aircraft
departure rate for the 35 operational evolution partnership
airports;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced navigation procedures,
including performance based navigation procedures;
(5) the average distance flown between key city pairs;
(6) the time between pushing back from the gate and
taking off;
(7) continuous climb or descent;

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126 STAT. 51

(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city pairs;
(10) implementation of NextGen Implementation Plan, or
any successor document, capabilities designed to reduce emissions and fuel consumption;
(11) the Administration’s unit cost of providing air traffic
control services; and
(12) runway safety, including runway incursions, operational errors, and loss of standard separation events.
(b) BASELINES.—The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the
metrics established under subsection (a) and appropriate methods
to measure deviations from the baselines.
(c) PUBLICATION.—The Administrator shall make data obtained
under subsection (a) available to the public in a searchable, sortable,
and downloadable format through the Web site of the Administration and other appropriate media.
(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that contains—
(1) a description of the metrics that will be used to measure
the Administration’s progress in implementing NextGen
capabilities and operational results;
(2) information on any additional metrics developed; and
(3) a process for holding the Administration accountable
for meeting or exceeding the metrics baselines identified in
subsection (b).

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SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.

(a) PROCESS FOR CERTIFICATION.—Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a plan to accelerate and
streamline the process for certification of NextGen technologies,
including—
(1) establishment of updated project plans and timelines;
(2) identification of the specific activities needed to certify
NextGen technologies, including the establishment of NextGen
technical requirements for the manufacture of equipage,
installation of equipage, airline operational procedures, pilot
training standards, air traffic control procedures, and air traffic
controller training;
(3) identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into
consideration the leveraging of assistance from third parties
and designees;
(4) establishment of a program under which the Administration will use third parties in the certification process; and
(5) establishment of performance metrics to measure the
Administration’s progress.
(b) CERTIFICATION INTEGRITY.—The Administrator shall ensure
that equipment, systems, or services used in the national airspace
system meet appropriate certification requirements regardless of
whether the equipment, system, or service is publically or privately
owned.

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Web posting.

49 USC 40101
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126 STAT. 52
49 USC 40101
note.
Evaluation.

Plan.
Deadline.
49 USC 40101
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PUBLIC LAW 112–95—FEB. 14, 2012
SEC. 216. SURFACE SYSTEMS ACCELERATION.

(a) IN GENERAL.—The Chief Operating Officer of the Air Traffic
Organization shall—
(1) evaluate the Airport Surface Detection EquipmentModel X program for its potential contribution to implementation of the NextGen initiative;
(2) evaluate airport surveillance technologies and associated collaborative surface management software for potential
contributions to implementation of NextGen surface management;
(3) accelerate implementation of the program referred to
in paragraph (1); and
(4) carry out such additional duties as the Administrator
of the Federal Aviation Administration may require.
(b) EXPEDITED CERTIFICATION AND UTILIZATION.—The Administrator shall—
(1) consider options for expediting the certification of
Ground-Based Augmentation System technology; and
(2) develop a plan to utilize such a system at the 35
operational evolution partnership airports by December 31,
2012.
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL
MODERNIZATION PROJECTS.

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(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwithstanding any
other law or agreement, the Administrator of the Federal Aviation
Administration shall establish a process or processes for including
qualified employees selected by each exclusive collective bargaining
representative of employees of the Administration impacted by the
air traffic control modernization process to serve in a collaborative
and expert capacity in the planning and development of air traffic
control modernization projects, including NextGen.
(b) ADHERENCE TO DEADLINES.—Participants in these processes
shall adhere, to the greatest extent possible, to all deadlines and
milestones established pursuant to this title.
(c) NO CHANGE IN EMPLOYEE STATUS.—Participation in these
processes by an employee shall not—
(1) serve as a waiver of any bargaining obligations or
rights;
(2) entitle the employee to any additional compensation
or benefits with the exception of a per diem, if appropriate;
or
(3) entitle the employee to prevent or unduly delay the
exercise of management prerogatives.
(d) WORKING GROUPS.—Except in extraordinary circumstances,
the Administrator shall not pay overtime related to work group
participation.
(e) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the implementation of this section.
49 USC 40101
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SEC. 218. AIRSPACE REDESIGN.

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(a) FINDINGS.—Congress finds the following:
(1) The airspace redesign efforts of the Federal Aviation
Administration will play a critical near-term role in enhancing

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 53

capacity, reducing delays, transitioning to more flexible routing,
and ultimately saving money in fuel costs for airlines and
airspace users.
(2) The critical importance of airspace redesign efforts is
underscored by the fact that they are highlighted in strategic
plans of the Administration, including Flight Plan 2009–2013
and the NextGen Implementation Plan.
(3) Funding cuts have led to delays and deferrals of critical
capacity enhancing airspace redesign efforts.
(4) New runways planned for the period of fiscal years
2011 and 2012 will not provide estimated capacity benefits
without additional funds.
(b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/PHILADELPHIA
METROPOLITAN AREA AIRSPACE REDESIGN.—
(1) MONITORING.—The Administrator of the Federal Aviation Administration, in conjunction with the Port Authority
of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New
York/New Jersey/Philadelphia Metropolitan Area Airspace
Redesign.
(2) REPORT.—Not later than 1 year following the first day
of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit
to Congress a report on the findings of the Administrator with
respect to monitoring conducted under paragraph (1).

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SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC
INTERNET WEB-BASED RESOURCE ON LOCATIONS OF
POTENTIAL AVIATION OBSTRUCTIONS.

49 USC 40101
note.

(a) STUDY.—The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the height and latitudinal and longitudinal locations of guy-wire and free-standing tower obstructions.
(b) CONSIDERATIONS.—In conducting the study, the Administrator shall consult with affected industries and appropriate Federal
agencies.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the appropriate committees of Congress on the results of the study.

Consultation.

SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF
EXCELLENCE.

49 USC 40101
note.

(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration may enter into an agreement, on a competitive
basis, to assist in the establishment of a center of excellence for
the research and development of NextGen technologies.
(b) FUNCTIONS.—The Administrator shall ensure that the center
established under subsection (a)—
(1) leverages resources and partnerships, including appropriate programs of the Administration, to enhance the research
and development of NextGen technologies by academia and
industry; and
(2) provides educational, technical, and analytical assistance to the Administration and other Federal departments
and agencies with responsibilities to research and develop
NextGen technologies.

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note.

Definition.

Determination.

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PUBLIC LAW 112–95—FEB. 14, 2012
SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.

(a) IN GENERAL.—The Secretary may establish an avionics equipage incentive program for the purpose of equipping general aviation and commercial aircraft with communications, surveillance,
navigation, and other avionics equipment as determined by the
Secretary to be in the interest of achieving NextGen capabilities
for such aircraft.
(b) NEXTGEN PUBLIC-PRIVATE PARTNERSHIPS.—The incentive
program established under subsection (a) shall, at a minimum—
(1) be based on public-private partnership principles; and
(2) leverage and maximize the use of private sector capital.
(c) FINANCIAL INSTRUMENTS.—Subject to the availability of
appropriated funds, the Secretary may use financial instruments
to facilitate public-private financing for the equipage of general
aviation and commercial aircraft registered under section 44103
of title 49, United States Code. To the extent appropriations are
not made available, the Secretary may establish the program, provided the costs are covered by the fees and premiums authorized
by subsection (d)(2). For purposes of this section, the term ‘‘financial
instruments’’ means loan guarantees and other credit assistance
designed to leverage and maximize private sector capital.
(d) PROTECTION OF THE TAXPAYER.—
(1) LIMITATION ON PRINCIPAL.—The amount of any guarantee under this program shall be limited to 90 percent of
the principal amount of the underlying loan.
(2) COLLATERAL, FEES, AND PREMIUMS.—The Secretary shall
require applicants for the incentive program to post collateral
and pay such fees and premiums if feasible, as determined
by the Secretary, to offset costs to the Government of potential
defaults, and agree to performance measures that the Secretary
considers necessary and in the best interest of implementing
the NextGen program.
(3) USE OF FUNDS.—Applications for this program shall
be limited to equipment that is installed on general aviation
or commercial aircraft and is necessary for communications,
surveillance, navigation, or other purposes determined by the
Secretary to be in the interests of achieving NextGen capabilities for commercial and general aviation.
(e) TERMINATION OF AUTHORITY.—The authority of the Secretary to issue such financial instruments under this section shall
terminate 5 years after the date of the establishment of the incentive program.
SEC. 222. OPERATIONAL INCENTIVES.

(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall issue a report that—
(1) identifies incentive options to encourage the equipage
of aircraft with NextGen technologies, including a policy that
gives priority to aircraft equipped with ADS–B technology;
(2) identifies the costs and benefits of each option; and
(3) includes input from industry stakeholders, including
passenger and cargo air carriers, aerospace manufacturers, and
general aviation aircraft operators.
(b) DEADLINE.—The Administrator shall issue the report before
the earlier of—
(1) the date that is 6 months after the date of enactment
of this Act; or

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(2) the date on which aircraft are required to be equipped
with ADS–B technology pursuant to the rulemaking under
section 211(b).
SEC. 223. EDUCATIONAL REQUIREMENTS.

49 USC 106 note.

The Administrator of the Federal Aviation Administration shall
make payments to the Department of Defense for the education
of dependent children of those Administration employees in Puerto
Rico and Guam as they are subject to transfer by policy and practice
and meet the eligibility requirements of section 2164(c) of title
10, United States Code.

Payments.

SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND
ANALYSIS.

49 USC 44506
note.

As soon as practicable, and not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall—
(1) ensure, to the extent practicable, a sufficient number
of contract instructors, classroom space (including off-site locations as needed), and simulators to allow for an increase in
the number of air traffic controllers at air traffic control facilities;
(2) distribute, to the extent practicable, the placement of
certified professional air traffic controllers-in-training and
developmental air traffic controllers at facilities evenly across
the calendar year in order to avoid training bottlenecks;
(3) initiate an analysis, to be conducted in consultation
with the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United States
Code, of scheduling processes and practices, including overtime
scheduling practices at those facilities;
(4) provide, to the extent practicable and where appropriate, priority to certified professional air traffic controllersin-training when filling staffing vacancies at facilities;
(5) assess training programs at air traffic control facilities
with below-average success rates to determine if training is
being carried out in accordance with Administration standards,
and conduct exit interview analyses with all candidates to
determine potential weaknesses in training protocols, or in
the execution of such training protocols; and
(6) prioritize, to the extent practicable, such efforts to
address the recommendations for the facilities identified in
the Department of Transportation’s Office of the Inspector General Report Number: AV-2009-047.

Deadline.

SEC. 225. REPORTS ON STATUS OF GREENER SKIES PROJECT.

49 USC 40101
note.

(a) INITIAL REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to Congress a report on the
strategy of the Administrator for implementing, on an accelerated
basis, the NextGen operational capabilities produced by the Greener
Skies project, as recommended in the final report of the RTCA
NextGen Mid-Term Implementation Task Force that was issued
on September 9, 2009.
(b) SUBSEQUENT REPORTS.—
(1) IN GENERAL.—Not later than 180 days after the
Administrator submits to Congress the report required by subsection (a) and annually thereafter until the pilot program

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terminates, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
to the Committee on Transportation and Infrastructure of the
House of Representatives a report on the progress of the
Administrator in carrying out the strategy described in the
report submitted under subsection (a).
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include the following:
(A) A timeline for full implementation of the strategy
described in the report submitted under subsection (a).
(B) A description of the progress made in carrying
out such strategy.
(C) A description of the challenges, if any, encountered
by the Administrator in carrying out such strategy.

TITLE III—SAFETY
Subtitle A—General Provisions
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 44703(d)
is amended by adding at the end the following:
‘‘(3) A person who is substantially affected by an order of
the Board under this subsection, or the Administrator if the
Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial
review of the order under section 46110. The Administrator shall
be made a party to the judicial review proceedings. The findings
of fact of the Board in any such case are conclusive if supported
by substantial evidence.’’.
(b) CONFORMING AMENDMENT.—Section 1153(c) is amended by
striking ‘‘section 44709 or’’ and inserting ‘‘section 44703(d), 44709,
or’’.
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND SUPPLEMENTAL TYPE CERTIFICATES.

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Section 44704(a) is amended by adding at the end the following:
‘‘(5) RELEASE OF DATA.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Administrator may make available upon
request, to a person seeking to maintain the airworthiness
or develop product improvements of an aircraft, engine,
propeller, or appliance, engineering data in the possession
of the Administration relating to a type certificate or a
supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of
record, if the Administrator determines that—
‘‘(i) the certificate containing the requested data
has been inactive for 3 or more years, except that
the Administrator may reduce this time if required
to address an unsafe condition associated with the
product;
‘‘(ii) after using due diligence, the Administrator
is unable to find the owner of record, or the owner
of record’s heir, of the type certificate or supplemental
type certificate; and

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‘‘(iii) making such data available will enhance aviation safety.
‘‘(B) ENGINEERING DATA DEFINED.—In this section, the
term ‘engineering data’ as used with respect to an aircraft,
engine, propeller, or appliance means type design drawing
and specifications for the entire aircraft, engine, propeller,
or appliance or change to the aircraft, engine, propeller,
or appliance, including the original design data, and any
associated supplier data for individual parts or components
approved as part of the particular certificate for the aircraft, engine, propeller, or appliance.
‘‘(C) REQUIREMENT TO MAINTAIN DATA.—The Administrator shall maintain engineering data in the possession
of the Administration relating to a type certificate or a
supplemental type certificate that has been inactive for
3 or more years.’’.

Time period.

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SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.

(a) IN GENERAL.—Section 44704(e) is amended to read as follows:
‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.—
‘‘(1) ISSUANCE.—Beginning January 1, 2013, the Administrator may issue a certificate to a design organization, production organization, or design and production organization to
authorize the organization to certify compliance of aircraft,
aircraft engines, propellers, and appliances with the requirements and minimum standards prescribed under section
44701(a). An organization holding a certificate issued under
this subsection shall be known as a certified design and production organization (in this subsection referred to as a ‘CDPO’).
‘‘(2) APPLICATIONS.—On receiving an application for a
CDPO certificate, the Administrator shall examine and rate
the organization submitting the application, in accordance with
regulations to be prescribed by the Administrator, to determine
whether the organization has adequate engineering, design,
and production capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph (1).
‘‘(3) ISSUANCE OF CERTIFICATES BASED ON CDPO FINDINGS.—
The Administrator may rely on certifications of compliance
by a CDPO when making determinations under this section.
‘‘(4) PUBLIC SAFETY.—The Administrator shall include in
a CDPO certificate terms required in the interest of safety.
‘‘(5) NO EFFECT ON POWER OF REVOCATION.—Nothing in
this subsection affects the authority of the Secretary of
Transportation to revoke a certificate.’’.
(b) APPLICABILITY.—Before January 1, 2013, the Administrator
of the Federal Aviation Administration may continue to issue certificates under section 44704(e) of title 49, United States Code, as
in effect on the day before the date of enactment of this Act.
(c) CLERICAL AMENDMENTS.—Chapter 447 is amended—
(1) in the heading for section 44704 by striking ‘‘and
design organization certificates’’ and inserting ‘‘, and
design and production organization certificates’’; and

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Regulations.

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PUBLIC LAW 112–95—FEB. 14, 2012
(2) in the analysis for such chapter by striking the item
relating to section 44704 and inserting the following:
‘‘44704. Type certificates, production certificates, airworthiness certificates, and design and production organization certificates.’’.
SEC. 304. CABIN CREW COMMUNICATION.

49 USC 44728
note.

(a) IN GENERAL.—Section 44728 is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
‘‘(f) MINIMUM LANGUAGE SKILLS.—
‘‘(1) IN GENERAL.—No person may serve as a flight attendant aboard an aircraft of an air carrier, unless that person
has demonstrated to an individual qualified to determine proficiency the ability to read, speak, and write English well
enough to—
‘‘(A) read material written in English and comprehend
the information;
‘‘(B) speak and understand English sufficiently to provide direction to, and understand and answer questions
from, English-speaking individuals;
‘‘(C) write incident reports and statements and log
entries and statements; and
‘‘(D) carry out written and oral instructions regarding
the proper performance of their duties.
‘‘(2) FOREIGN FLIGHTS.—The requirements of paragraph (1)
do not apply to a flight attendant serving solely between points
outside the United States.’’.
(b) FACILITATION.—The Administrator of the Federal Aviation
Administration shall work with air carriers to facilitate compliance
with the requirements of section 44728(f) of title 49, United States
Code (as amended by this section).
SEC. 305. LINE CHECK EVALUATIONS.

Section 44729(h) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 306. SAFETY OF AIR AMBULANCE OPERATIONS.

(a) IN GENERAL.—Chapter 447 is amended by adding at the
end the following:
49 USC 44730.

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‘‘§ 44730. Helicopter air ambulance operations
‘‘(a) COMPLIANCE REGULATIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
not later than 180 days after the date of enactment of this
section, a part 135 certificate holder providing air ambulance
services shall comply, whenever medical personnel are onboard
the aircraft, with regulations pertaining to weather minimums
and flight and duty time under part 135.
‘‘(2) EXCEPTION.—If a certificate holder described in paragraph (1) is operating, or carrying out training, under
instrument flight rules, the weather reporting requirement at
the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.
‘‘(b) FINAL RULE.—Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed
rulemaking published in the Federal Register on October 12, 2010
(75 Fed. Reg. 62640), to improve the safety of flight crewmembers,

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 59

medical personnel, and passengers onboard helicopters providing
air ambulance services under part 135.
‘‘(c) MATTERS TO BE ADDRESSED.—In conducting the rulemaking proceeding under subsection (b), the Administrator shall
address the following:
‘‘(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
‘‘(2) Pilot training standards, including establishment of
training standards in—
‘‘(A) preventing controlled flight into terrain; and
‘‘(B) recovery from inadvertent flight into instrument
meteorological conditions.
‘‘(3)
Safety-enhancing
technology
and
equipment,
including—
‘‘(A) helicopter terrain awareness and warning systems;
‘‘(B) radar altimeters; and
‘‘(C) devices that perform the function of flight data
recorders and cockpit voice recorders, to the extent feasible.
‘‘(4) Such other matters as the Administrator considers
appropriate.
‘‘(d) MINIMUM REQUIREMENTS.—In issuing a final rule under
subsection (b), the Administrator, at a minimum, shall provide
for the following:
‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The Administrator shall ensure that a part 135 certificate holder providing
helicopter air ambulance services—
‘‘(A) establishes a flight risk evaluation program, based
on FAA Notice 8000.301 issued by the Administration on
August 1, 2005, including any updates thereto;
‘‘(B) as part of the flight risk evaluation program,
develops a checklist for use by pilots in determining
whether a flight request should be accepted; and
‘‘(C) requires the pilots of the certificate holder to use
the checklist.
‘‘(2) OPERATIONAL CONTROL CENTER.—The Administrator
shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters
has an operational control center that meets such requirements
as the Administrator may prescribe.
‘‘(e) SUBSEQUENT RULEMAKING.—
‘‘(1) IN GENERAL.—Upon completion of the rulemaking
required under subsection (b), the Administrator shall conduct
a follow-on rulemaking to address the following:
‘‘(A) Pilot training standards, including—
‘‘(i) mandatory training requirements, including a
minimum time for completing the training requirements;
‘‘(ii) training subject areas, such as communications procedures and appropriate technology use; and
‘‘(iii) establishment of training standards in—
‘‘(I) crew resource management;
‘‘(II) flight risk evaluation;
‘‘(III) operational control of the pilot in command; and
‘‘(IV) use of flight simulation training devices
and line-oriented flight training.

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126 STAT. 60

PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(B) Use of safety equipment that should be worn
or used by flight crewmembers and medical personnel on
a flight, including the possible use of shoulder harnesses,
helmets, seatbelts, and fire resistant clothing to enhance
crash survivability.
‘‘(2) DEADLINES.—Not later than 180 days after the date
of issuance of a final rule under subsection (b), the Administrator shall initiate the rulemaking under this subsection.
‘‘(3) LIMITATION ON CONSTRUCTION.—Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would derogate or supersede
the rule required to be finalized under subsection (b).
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) PART 135.—The term ‘part 135’ means part 135 of
title 14, Code of Federal Regulations.
‘‘(2) PART 135 CERTIFICATE HOLDER.—The term ‘part 135
certificate holder’ means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.

49 USC 44731.

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‘‘§ 44731. Collection of data on helicopter air ambulance operations
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall require a part 135 certificate holder providing
helicopter air ambulance services to submit to the Administrator,
not later than 1 year after the date of enactment of this section,
and annually thereafter, a report containing, at a minimum, the
following data:
‘‘(1) The number of helicopters that the certificate holder
uses to provide helicopter air ambulance services and the base
locations of the helicopters.
‘‘(2) The number of flights and hours flown, by registration
number, during which helicopters operated by the certificate
holder were providing helicopter air ambulance services.
‘‘(3) The number of flight requests for a helicopter providing
air ambulance services that were accepted or declined by the
certificate holder and the type of each such flight request (such
as scene response, interfacility transport, organ transport, or
ferry or repositioning flight).
‘‘(4) The number of accidents, if any, involving helicopters
operated by the certificate holder while providing air ambulance
services and a description of the accidents.
‘‘(5) The number of flights and hours flown under
instrument flight rules by helicopters operated by the certificate
holder while providing air ambulance services.
‘‘(6) The time of day of each flight flown by helicopters
operated by the certificate holder while providing air ambulance
services.
‘‘(7) The number of incidents, if any, in which a helicopter
was not directly dispatched and arrived to transport patients
but was not utilized for patient transport.
‘‘(b) REPORTING PERIOD.—Data contained in a report submitted
by a part 135 certificate holder under subsection (a) shall relate
to such reporting period as the Administrator determines appropriate.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 61

‘‘(c) DATABASE.—Not later than 180 days after the date of
enactment of this section, the Administrator shall develop a method
to collect and store the data collected under subsection (a), including
a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section.
‘‘(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this section, and annually thereafter, 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 containing a summary of the data collected under subsection (a).
‘‘(e) DEFINITIONS.—In this section, the terms ‘part 135’ and
‘part 135 certificate holder’ have the meanings given such terms
in section 44730.’’.
(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2)(C) (as
redesignated by this Act) is amended by inserting before the period
the following: ‘‘and the development and maintenance of helicopter
approach procedures’’.
(c) CLERICAL AMENDMENT.—The analysis for chapter 447 is
amended by adding at the end the following:

Deadline.

‘‘44730. Helicopter air ambulance operations.
‘‘44731. Collection of data on helicopter air ambulance operations.’’.
SEC. 307. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES
ON FLIGHT DECK.

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(a) IN GENERAL.—Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
‘‘§ 44732. Prohibition on personal use of electronic devices
on flight deck
‘‘(a) IN GENERAL.—It is unlawful for a flight crewmember of
an aircraft used to provide air transportation under part 121 of
title 14, Code of Federal Regulations, to use a personal wireless
communications device or laptop computer while at the flight crewmember’s duty station on the flight deck of such an aircraft while
the aircraft is being operated.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to the use
of a personal wireless communications device or laptop computer
for a purpose directly related to operation of the aircraft, or for
emergency, safety-related, or employment-related communications,
in accordance with procedures established by the air carrier and
the Administrator of the Federal Aviation Administration.
‘‘(c) ENFORCEMENT.—In addition to the penalties provided under
section 46301 applicable to any violation of this section, the
Administrator of the Federal Aviation Administration may enforce
compliance with this section under section 44709 by amending,
modifying, suspending, or revoking a certificate under this chapter.
‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DEVICE DEFINED.—
In this section, the term ‘personal wireless communications device’
means a device through which personal wireless services (as defined
in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)(i))) are transmitted.’’.
(b) PENALTY.—Section 44711(a) is amended—
(1) by striking ‘‘or’’ after the semicolon in paragraph (8);
(2) by striking ‘‘title.’’ in paragraph (9) and inserting ‘‘title;
or’’; and

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126 STAT. 62

PUBLIC LAW 112–95—FEB. 14, 2012
(3) by adding at the end the following:
‘‘(10) violate section 44732 or any regulation issued thereunder.’’.
(c) CONFORMING AMENDMENT.—The analysis for chapter 447
(as amended by this Act) is further amended by adding at the
end the following:
‘‘44732. Prohibition on personal use of electronic devices on flight deck.’’.

Deadlines.
Procedures.
49 USC 44732
note.

(d) REGULATIONS.—Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a rulemaking procedure for regulations
to carry out section 44732 of title 49, United States Code (as
added by this section), and shall issue a final rule thereunder
not later than 2 years after the date of enactment of this Act.
(e) STUDY.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall review relevant air carrier data and
carry out a study—
(A) to identify common sources of distraction for the
flight crewmembers on the flight deck of a commercial
aircraft; and
(B) to determine the safety impacts of such distractions.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that contains—
(A) the findings of the study conducted under paragraph (1); and
(B) recommendations regarding how to reduce distractions for flight crewmembers on the flight deck of a
commercial aircraft.
SEC. 308. INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE
UNITED STATES.

(a) IN GENERAL.—Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
49 USC 44732.

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‘‘§ 44733. Inspection of repair stations located outside the
United States
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish and implement a safety assessment
system for all part 145 repair stations based on the type, scope,
and complexity of work being performed. The system shall—
‘‘(1) ensure that repair stations located outside the United
States are subject to appropriate inspections based on identified
risks and consistent with existing United States requirements;
‘‘(2) consider inspection results and findings submitted by
foreign civil aviation authorities operating under a maintenance
safety or maintenance implementation agreement with the
United States; and
‘‘(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for the
Administration to conduct independent inspections of covered

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 63

part 145 repair stations when safety concerns warrant such
inspections.
‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The Administrator shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives not later than
30 days after initiating formal negotiations with foreign aviation
authorities or other appropriate foreign government agencies on
a new maintenance safety or maintenance implementation agreement.
‘‘(c) ANNUAL REPORT.—The Administrator shall publish an
annual report on the Administration’s oversight of part 145 repair
stations and implementation of the safety assessment system
required under subsection (a). The report shall—
‘‘(1) describe in detail any improvements in the Administration’s ability to identify and track where part 121 air carrier
repair work is performed;
‘‘(2) include a staffing model to determine the best placement of inspectors and the number of inspectors needed;
‘‘(3) describe the training provided to inspectors; and
‘‘(4) include an assessment of the quality of monitoring
and surveillance by the Administration of work performed by
its inspectors and the inspectors of foreign authorities operating
under a maintenance safety or maintenance implementation
agreement.
‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCES TESTING PROGRAM
REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary of State and the Secretary
of Transportation, acting jointly, shall request the governments
of foreign countries that are members of the International
Civil Aviation Organization to establish international standards
for alcohol and controlled substances testing of persons that
perform safety-sensitive maintenance functions on commercial
air carrier aircraft.
‘‘(2) APPLICATION TO PART 121 AIRCRAFT WORK.—Not later
than 1 year after the date of enactment of this section, the
Administrator shall promulgate a proposed rule requiring that
all part 145 repair station employees responsible for safetysensitive maintenance functions on part 121 air carrier aircraft
are subject to an alcohol and controlled substances testing
program determined acceptable by the Administrator and consistent with the applicable laws of the country in which the
repair station is located.
‘‘(e) ANNUAL INSPECTIONS.—The Administrator shall ensure
that part 145 repair stations located outside the United States
are inspected annually by Federal Aviation Administration safety
inspectors, without regard to where the station is located, in a
manner consistent with United States obligations under international agreements. The Administrator may carry out inspections
in addition to the annual inspection required under this subsection
based on identified risks.
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) PART 121 AIR CARRIER.—The term ‘part 121 air carrier’
means an air carrier that holds a certificate issued under
part 121 of title 14, Code of Federal Regulations.

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126 STAT. 64

PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(2) PART 145 REPAIR STATION.—The term ‘part 145 repair
station’ means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 447
(as amended by this Act) is further amended by adding at the
end the following:
‘‘44733. Inspection of repair stations located outside the United States.’’.
SEC. 309. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.

(a) IN GENERAL.—Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
49 USC 44734.

Applicability.

‘‘§ 44734. Training of flight attendants
‘‘(a) TRAINING REQUIRED.—In addition to other training
required under this chapter, each air carrier shall provide to flight
attendants employed or contracted by such air carrier initial and
annual training regarding—
‘‘(1) serving alcohol to passengers;
‘‘(2) recognizing intoxicated passengers; and
‘‘(3) dealing with disruptive passengers.
‘‘(b) SITUATIONAL TRAINING.—In carrying out the training
required under subsection (a), each air carrier shall provide to
flight attendants situational training on the proper method for
dealing with intoxicated passengers who act in a belligerent
manner.
‘‘(c) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) AIR CARRIER.—The term ‘air carrier’ means a person,
including a commercial enterprise, that has been issued an
air carrier operating certificate under section 44705.
‘‘(2) FLIGHT ATTENDANT.—The term ‘flight attendant’ has
the meaning given that term in section 44728(g).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 447 (as
amended by this Act) is further amended by adding at the end
the following:
‘‘44734. Training of flight attendants.’’.
SEC. 310. LIMITATION ON DISCLOSURE OF SAFETY INFORMATION.

(a) IN GENERAL.—Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:

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49 USC 44735.

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‘‘§ 44735. Limitation on disclosure of safety information
‘‘(a) IN GENERAL.—Except as provided by subsection (c), a
report, data, or other information described in subsection (b) shall
not be disclosed to the public by the Administrator of the Federal
Aviation Administration pursuant to section 552(b)(3)(B) of title
5 if the report, data, or other information is submitted to the
Federal Aviation Administration voluntarily and is not required
to be submitted to the Administrator under any other provision
of law.
‘‘(b) APPLICABILITY.—The limitation established by subsection
(a) shall apply to the following:
‘‘(1) Reports, data, or other information developed under
the Aviation Safety Action Program.
‘‘(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 65

‘‘(3) Reports, data, or other information developed under
the Line Operations Safety Audit Program.
‘‘(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety
management system acceptable to the Administrator.
‘‘(5) Reports, analyses, and directed studies, based in whole
or in part on reports, data, or other information described
in paragraphs (1) through (4), including those prepared under
the Aviation Safety Information Analysis and Sharing Program
(or any successor program).
‘‘(c) EXCEPTION FOR DE-IDENTIFIED INFORMATION.—
‘‘(1) IN GENERAL.—The limitation established by subsection
(a) shall not apply to a report, data, or other information
if the information contained in the report, data, or other
information has been de-identified.
‘‘(2) DE-IDENTIFIED DEFINED.—In this subsection, the term
‘de-identified’ means the process by which all information that
is likely to establish the identity of the specific persons or
entities submitting reports, data, or other information is
removed from the reports, data, or other information.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter (as
amended by this Act) is further amended by adding at the end
the following:
‘‘44735. Limitation on disclosure of safety information.’’.

(c) TECHNICAL CORRECTION.—Section 44703(i)(9)(B)(i) is
amended by striking ‘‘section 552 of title 5’’ and inserting ‘‘section
552(b)(3)(B) of title 5’’.
SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN
AIRCRAFT.

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(a) OFFENSE.—Chapter 2 of title 18, United States Code, is
amended by inserting after section 39 the following:
‘‘§ 39A. Aiming a laser pointer at an aircraft
‘‘(a) OFFENSE.—Whoever knowingly aims the beam of a laser
pointer at an aircraft in the special aircraft jurisdiction of the
United States, or at the flight path of such an aircraft, shall
be fined under this title or imprisoned not more than 5 years,
or both.
‘‘(b) LASER POINTER DEFINED.—As used in this section, the
term ‘laser pointer’ means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam
designed to be used by the operator as a pointer or highlighter
to indicate, mark, or identify a specific position, place, item, or
object.
‘‘(c) EXCEPTIONS.—This section does not prohibit aiming a beam
of a laser pointer at an aircraft, or the flight path of such an
aircraft, by—
‘‘(1) an authorized individual in the conduct of research
and development or flight test operations conducted by an
aircraft manufacturer, the Federal Aviation Administration,
or any other person authorized by the Federal Aviation
Administration to conduct such research and development or
flight test operations;
‘‘(2) members or elements of the Department of Defense
or Department of Homeland Security acting in an official

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PUBLIC LAW 112–95—FEB. 14, 2012
capacity for the purpose of research, development, operations,
testing, or training; or
‘‘(3) by an individual using a laser emergency signaling
device to send an emergency distress signal.
‘‘(d) AUTHORITY TO ESTABLISH ADDITIONAL EXCEPTIONS BY
REGULATION.—The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public
notice and comment, such additional exceptions to this section
as may be necessary and appropriate. The Attorney General shall
provide written notification of any proposed regulations under this
section to the Committees on the Judiciary of the Senate and
the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, not less
than 90 days before such regulations become final.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended—
(1) by moving the item relating to section 39 after the
item relating to section 38; and
(2) by inserting after the item relating to section 39 the
following:
‘‘39A. Aiming a laser pointer at an aircraft’’.

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49 USC 44704
note.

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SEC. 312. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.

(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration, in consultation with representatives of the aviation
industry, shall conduct an assessment of the certification and
approval process under section 44704 of title 49, United States
Code.
(b) CONTENTS.—In conducting the assessment, the Administrator shall consider—
(1) the expected number of applications for product certifications and approvals the Administrator will receive under
section 44704 of such title in the 1-year, 5-year, and 10-year
periods following the date of enactment of this Act;
(2) process reforms and improvements necessary to allow
the Administrator to review and approve the applications in
a fair and timely fashion;
(3) the status of recommendations made in previous reports
on the Administration’s certification process;
(4) methods for enhancing the effective use of delegation
systems, including organizational designation authorization;
(5) methods for training the Administration’s field office
employees in the safety management system and auditing;
and
(6) the status of updating airworthiness requirements,
including implementing recommendations in the Administration’s report entitled ‘‘Part 23—Small Airplane Certification
Process Study’’ (OK–09–3468, dated July 2009).
(c) RECOMMENDATIONS.—In conducting the assessment, the
Administrator shall make recommendations to improve efficiency
and reduce costs through streamlining and reengineering the certification process under section 44704 of such title to ensure that
the Administrator can conduct certifications and approvals under
such section in a manner that supports and enables the development
of new products and technologies and the global competitiveness
of the United States aviation industry.

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PUBLIC LAW 112–95—FEB. 14, 2012

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(d) REPORT TO CONGRESS.—Not later than 180 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 assessment, together with an explanation of how the Administrator will
implement recommendations made under subsection (c) and
measure the effectiveness of the recommendations.
(e) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than
1 year after the date of enactment of this Act, the Administrator
shall begin to implement the recommendations made under subsection (c).
SEC. 313. CONSISTENCY OF REGULATORY INTERPRETATION.

(a) ESTABLISHMENT OF ADVISORY PANEL.—Not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall establish an advisory
panel comprised of both Government and industry representatives
to—
(1) review the October 2010 report by the Government
Accountability Office on certification and approval processes
(GAO–11–14); and
(2) develop recommendations to address the findings in
the report and other concerns raised by interested parties,
including representatives of the aviation industry.
(b) MATTERS TO BE CONSIDERED.—The advisory panel shall—
(1) determine the root causes of inconsistent interpretation
of regulations by the Administration’s Flight Standards Service
and Aircraft Certification Service;
(2) develop recommendations to improve the consistency
of interpreting regulations by the Administration’s Flight
Standards Service and Aircraft Certification Service; and
(3) develop recommendations to improve communications
between the Administration’s Flight Standards Service and Aircraft Certification Service and applicants and certificate and
approval holders for the identification and resolution of potentially adverse issues in an expeditious and fair manner.
(c) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall transmit
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 findings of the advisory
panel, together with an explanation of how the Administrator will
implement the recommendations of the advisory panel and measure
the effectiveness of the recommendations.

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SEC. 314. RUNWAY SAFETY.

(a) STRATEGIC RUNWAY SAFETY PLAN.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop and submit to Congress
a report containing a strategic runway safety plan.
(2) CONTENTS OF PLAN.—The strategic runway safety
plan—
(A) shall include, at a minimum—
(i) goals to improve runway safety;

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Deadline.

49 USC 44701
note.
Deadline.

Determination.
Recommendations.

49 USC 47101
note.
Deadline.
Reports.

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126 STAT. 68

(ii) near- and long-term actions designed to reduce
the severity, number, and rate of runway incursions,
losses of standard separation, and operational errors;
(iii) time frames and resources needed for the
actions described in clause (ii);
(iv) a continuous evaluative process to track
performance toward the goals referred to in clause
(i); and
(v) a review with respect to runway safety of every
commercial service airport (as defined in section 47102
of title 49, United States Code) in the United States
and proposed action to improve airport lighting, provide better signs, and improve runway and taxiway
markings at those airports; and
(B) shall address the increased runway safety risk
associated with the expected increased volume of air traffic.
(b) PROCESS.—Not later than 6 months after the date of enactment of this Act, the Administrator shall develop a process for
tracking and investigating operational errors, losses of standard
separation, and runway incursions that includes procedures for—
(1) identifying who is responsible for tracking operational
errors, losses of standard separation, and runway incursions,
including a process for lower level employees to report to higher
supervisory levels and for frontline managers to receive the
information in a timely manner;
(2) conducting periodic random audits of the oversight
process; and
(3) ensuring proper accountability.
(c) PLAN FOR INSTALLATION AND DEPLOYMENT OF SYSTEMS TO
PROVIDE ALERTS OF POTENTIAL RUNWAY INCURSIONS.—Not later
than June 30, 2012, the Administrator shall submit to Congress
a report containing a plan for the installation and deployment
of systems to alert air traffic controllers or flight crewmembers,
or both, of potential runway incursions. The plan shall be integrated
into the annual NextGen Implementation Plan of the Administration or any successor document.

Deadline.
Procedures.

Deadline.
Reports.

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49 USC 44701
note.
Deadline.

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PUBLIC LAW 112–95—FEB. 14, 2012

SEC. 315. FLIGHT STANDARDS EVALUATION PROGRAM.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall modify the Flight Standards Evaluation Program—
(1) to include periodic and random reviews as part of the
Administration’s oversight of air carriers; and
(2) to prohibit an individual from participating in a review
or audit of an office with responsibility for an air carrier under
the program if the individual, at any time in the 5-year period
preceding the date of the review or audit, had responsibility
for inspecting, or overseeing the inspection of, the operations
of that carrier.
(b) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
on the Flight Standards Evaluation Program, including the

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 69

Administrator’s findings and recommendations with respect to the
program.
(c) FLIGHT STANDARDS EVALUATION PROGRAM DEFINED.—In this
section, the term ‘‘Flight Standards Evaluation Program’’ means
the program established by the Federal Aviation Administration
in FS 1100.1B CHG3, including any subsequent revisions thereto.
SEC. 316. COCKPIT SMOKE.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study on the effectiveness of oversight activities of the
Federal Aviation Administration relating to the use of new technologies to prevent or mitigate the effects of dense, continuous
smoke in the cockpit of a commercial aircraft.
(b) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
SEC.

317.

OFF-AIRPORT, LOW-ALTITUDE
OBSERVATION TECHNOLOGY.

AIRCRAFT

WEATHER

(a) STUDY.—The Administrator of the Federal Aviation
Administration shall conduct a review of off-airport, low-altitude
aircraft weather observation technologies.
(b) SPECIFIC REVIEW.—The review shall include, at a minimum,
an examination of off-airport, low-altitude weather reporting needs,
an assessment of technical alternatives (including automated
weather observation stations), an investment analysis, and recommendations for improving weather reporting.
(c) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit to
Congress a report containing the results of the review.
SEC. 318. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE
NIGHT VISION GOGGLES.

(a) STUDY.—The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of requiring
pilots of helicopters providing air ambulance services under part
135 of title 14, Code of Federal Regulations, to use night vision
goggles during nighttime operations.
(b) CONSIDERATIONS.—In conducting the study, the Administrator shall consult with owners and operators of helicopters providing air ambulance services under such part 135 and aviation
safety professionals to determine the benefits, financial considerations, and risks associated with requiring the use of night vision
goggles.
(c) REPORT TO CONGRESS.—Not later than 1 year 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.

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SEC. 319. MAINTENANCE PROVIDERS.

(a) REGULATIONS.—Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue regulations requiring that covered work
on an aircraft used to provide air transportation under part 121
of title 14, Code of Federal Regulations, be performed by persons
in accordance with subsection (b).

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49 USC 44713
note.
Deadline.

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PUBLIC LAW 112–95—FEB. 14, 2012
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN WORK.—A person may perform covered work on aircraft used to provide air
transportation under part 121 of title 14, Code of Federal Regulations, only if the person is employed by—
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations (or any
successor regulation); or
(3) subject to subsection (c), a person that—
(A) provides contract maintenance workers, services,
or maintenance functions to a part 121 air carrier or part
145 repair station; and
(B) meets the requirements of the part 121 air carrier
or the part 145 repair station, as appropriate.
(c) TERMS AND CONDITIONS.—Covered work performed by a
person who is employed by a person described in subsection (b)(3)
shall be subject to the following terms and conditions:
(1) The applicable part 121 air carrier shall be directly
in charge of the covered work being performed.
(2) The covered work shall be carried out in accordance
with the part 121 air carrier’s maintenance manual.
(3) The person shall carry out the covered work under
the supervision and control of the part 121 air carrier directly
in charge of the covered work being performed on its aircraft.
(d) DEFINITIONS.—In this section, the following definitions
apply:
(1) COVERED WORK.—The term ‘‘covered work’’ means any
of the following:
(A) Essential maintenance that could result in a
failure, malfunction, or defect endangering the safe operation of an aircraft if not performed properly or if improper
parts or materials are used.
(B) Regularly scheduled maintenance.
(C) A required inspection item (as defined by the
Administrator).
(2) PART 121 AIR CARRIER.—The term ‘‘part 121 air carrier’’
means an air carrier that holds a certificate issued under
part 121 of title 14, Code of Federal Regulations.
(3) PART 145 REPAIR STATION.—The term ‘‘part 145 repair
station’’ means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.
(4) PERSON.—The term ‘‘person’’ means an individual, firm,
partnership, corporation, company, or association that performs
maintenance, preventative maintenance, or alterations.
SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.

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(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a study of air quality in aircraft cabins to—
(1) assess bleed air quality on the full range of commercial
aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic fluid toxins,
and other air toxins that appear in cabin air and measure
the quantity and prevalence, or absence, of those toxins through
a comprehensive sampling program;

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 71

(3) determine the specific amount and duration of toxic
fumes present in aircraft cabins that constitutes a health risk
to passengers;
(4) develop a systematic reporting standard for smoke and
fume events in aircraft cabins; and
(5) identify the potential health risks to individuals exposed
to toxic fumes during flight.
(b) AUTHORITY TO MONITOR AIR IN AIRCRAFT CABINS.—For
purposes of conducting the study required by subsection (a), the
Administrator of the Federal Aviation Administration shall require
domestic air carriers to allow air quality monitoring on their aircraft
in a manner that imposes no significant costs on the air carrier
and does not interfere with the normal operation of the aircraft.

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SEC. 321. IMPROVED PILOT LICENSES.

(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall issue improved pilot licenses consistent with
requirements under this section.
(b) TIMING.—Not later than 270 days after the date of enactment of this Act, the Administrator shall—
(1) provide 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 containing—
(A) a timeline for the phased issuance of improved
pilot licenses under this section that ensures all pilots
are issued such licenses not later than 2 years after the
initial issuance of such licenses under paragraph (2); and
(B) recommendations for the Federal installation of
infrastructure necessary to take advantage of information
contained on improved pilot licenses issued under this section, which identify the necessary infrastructure, indicate
the Federal entity that should be responsible for installing,
funding, and operating the infrastructure at airport sterile
areas, and provide an estimate of the costs of the infrastructure; and
(2) begin to issue improved pilot licenses consistent with
the requirements of title 49, United States Code, and title
14, Code of Federal Regulations.
(c) REQUIREMENTS.—Improved pilot licenses issued under this
section shall—
(1) be resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the
license is issued for identification purposes; and
(3) be smart cards that—
(A) accommodate iris and fingerprint biometric identifiers; and
(B) are compliant with Federal Information Processing
Standards-201
(FIPS–201)
or
Personal
Identity
Verification-Interoperability Standards (PIV–I) for processing through security checkpoints into airport sterile
areas.
(d) TAMPERING.—To the extent practicable, the Administrator
shall develop methods to determine or reveal whether any component or security feature of an improved pilot license issued under
this section has been tampered with, altered, or counterfeited.

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49 USC 44703
note.

Deadlines.
Reports.

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126 STAT. 72

PUBLIC LAW 112–95—FEB. 14, 2012
(e) USE OF DESIGNEES.—The Administrator may use designees
to carry out subsection (a) to the extent practicable in order to
minimize the burdens on pilots.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, 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 issuance of improved pilot licenses under this
section.
(2) EXPIRATION.—The Administrator shall not be required
to submit annual reports under this subsection after the date
on which the Administrator has issued improved pilot licenses
under this section to all pilots.

Subtitle B—Unmanned Aircraft Systems

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49 USC 40101
note.
Applicability.

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SEC. 331. DEFINITIONS.

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In this subtitle, the following definitions apply:
(1) ARCTIC.—The term ‘‘Arctic’’ means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north
of the Aleutian chain.
(2) CERTIFICATE OF WAIVER; CERTIFICATE OF AUTHORIZATION.—The terms ‘‘certificate of waiver’’ and ‘‘certificate of
authorization’’ mean a Federal Aviation Administration grant
of approval for a specific flight operation.
(3) PERMANENT AREAS.—The term ‘‘permanent areas’’
means areas on land or water that provide for launch, recovery,
and operation of small unmanned aircraft.
(4) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘‘public
unmanned aircraft system’’ means an unmanned aircraft
system that meets the qualifications and conditions required
for operation of a public aircraft (as defined in section 40102
of title 49, United States Code).
(5) SENSE AND AVOID CAPABILITY.—The term ‘‘sense and
avoid capability’’ means the capability of an unmanned aircraft
to remain a safe distance from and to avoid collisions with
other airborne aircraft.
(6) SMALL UNMANNED AIRCRAFT.—The term ‘‘small
unmanned aircraft’’ means an unmanned aircraft weighing less
than 55 pounds.
(7) TEST RANGE.—The term ‘‘test range’’ means a defined
geographic area where research and development are conducted.
(8) UNMANNED AIRCRAFT.—The term ‘‘unmanned aircraft’’
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
(9) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned
aircraft system’’ means an unmanned aircraft and associated
elements (including communication links and the components
that control the unmanned aircraft) that are required for the
pilot in command to operate safely and efficiently in the
national airspace system.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 73

SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS
INTO NATIONAL AIRSPACE SYSTEM.

49 USC 40101
note.

(a) REQUIRED PLANNING FOR INTEGRATION.—
(1) COMPREHENSIVE PLAN.—Not later than 270 days after
the date of enactment of this Act, the Secretary of Transportation, in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the
unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil
unmanned aircraft systems into the national airspace system.
(2) CONTENTS OF PLAN.—The plan required under paragraph (1) shall contain, at a minimum, recommendations or
projections on—
(A) the rulemaking to be conducted under subsection
(b), with specific recommendations on how the rulemaking
will—
(i) define the acceptable standards for operation
and certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system
includes a sense and avoid capability; and
(iii) establish standards and requirements for the
operator and pilot of a civil unmanned aircraft system,
including standards and requirements for registration
and licensing;
(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national
airspace system;
(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace
system;
(D) a timeline for the phased-in approach described
under subparagraph (C);
(E) creation of a safe
(F) airspace designation for cooperative manned and
unmanned flight operations in the national airspace
system;
(G) establishment of a process to develop certification,
flight standards, and air traffic requirements for civil
unmanned aircraft systems at test ranges where such systems are subject to testing;
(H) the best methods to ensure the safe operation
of civil unmanned aircraft systems and public unmanned
aircraft systems simultaneously in the national airspace
system; and
(I) incorporation of the plan into the annual NextGen
Implementation Plan document (or any successor document) of the Federal Aviation Administration.
(3) DEADLINE.—The plan required under paragraph (1)
shall provide for the safe integration of civil unmanned aircraft
systems into the national airspace system as soon as practicable, but not later than September 30, 2015.
(4) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall submit
to Congress a copy of the plan required under paragraph (1).

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126 STAT. 74
Deadlines.
Publication.
Web posting.

Deadline.
Federal Register,
publication.

Deadline.

Termination
date.

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Standards.

Consultation.

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PUBLIC LAW 112–95—FEB. 14, 2012
(5) ROADMAP.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall approve and make
available in print and on the Administration’s Internet Web
site a 5-year roadmap for the introduction of civil unmanned
aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update the roadmap annually.
(b) RULEMAKING.—Not later than 18 months after the date
on which the plan required under subsection (a)(1) is submitted
to Congress under subsection (a)(4), the Secretary shall publish
in the Federal Register—
(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the national
airspace system, to the extent the systems do not meet the
requirements for expedited operational authorization under section 333 of this Act;
(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
(3) an update to the Administration’s most recent policy
statement on unmanned aircraft systems, contained in Docket
No. FAA–2006–25714.
(c) PILOT PROJECTS.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall establish
a program to integrate unmanned aircraft systems into the
national airspace system at 6 test ranges. The program shall
terminate 5 years after the date of enactment of this Act.
(2) PROGRAM REQUIREMENTS.—In establishing the program
under paragraph (1), the Administrator shall—
(A) safely designate airspace for integrated manned
and unmanned flight operations in the national airspace
system;
(B) develop certification standards and air traffic
requirements for unmanned flight operations at test
ranges;
(C) coordinate with and leverage the resources of the
National Aeronautics and Space Administration and the
Department of Defense;
(D) address both civil and public unmanned aircraft
systems;
(E) ensure that the program is coordinated with the
Next Generation Air Transportation System; and
(F) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures before
integration into the national airspace system.
(3) TEST RANGE LOCATIONS.—In determining the location
of the 6 test ranges of the program under paragraph (1), the
Administrator shall—
(A) take into consideration geographic and climatic
diversity;
(B) take into consideration the location of ground infrastructure and research needs; and
(C) consult with the National Aeronautics and Space
Administration and the Department of Defense.

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PUBLIC LAW 112–95—FEB. 14, 2012

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126 STAT. 75

(4) TEST RANGE OPERATION.—A project at a test range
shall be operational not later than 180 days after the date
on which the project is established.
(5) REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 90 days after the
date of the termination of the program under paragraph
(1), the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and
the Committee on Science, Space, and Technology of the
House of Representatives a report setting forth the
Administrator’s findings and conclusions concerning the
projects.
(B) ADDITIONAL CONTENTS.—The report under subparagraph (A) shall include a description and assessment of
the progress being made in establishing special use airspace
to fill the immediate need of the Department of Defense—
(i) to develop detection techniques for small
unmanned aircraft systems; and
(ii) to validate the sense and avoid capability and
operation of unmanned aircraft systems.
(d) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN
ARCTIC.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall develop a plan
and initiate a process to work with relevant Federal agencies
and national and international communities to designate
permanent areas in the Arctic where small unmanned aircraft
may operate 24 hours per day for research and commercial
purposes. The plan for operations in these permanent areas
shall include the development of processes to facilitate the
safe operation of unmanned aircraft beyond line of sight. Such
areas shall enable over-water flights from the surface to at
least 2,000 feet in altitude, with ingress and egress routes
from selected coastal launch sites.
(2) AGREEMENTS.—To implement the plan under paragraph
(1), the Secretary may enter into an agreement with relevant
national and international communities.
(3) AIRCRAFT APPROVAL.—Not later than 1 year after the
entry into force of an agreement necessary to effectuate the
purposes of this subsection, the Secretary shall work with relevant national and international communities to establish and
implement a process, or may apply an applicable process
already established, for approving the use of unmanned aircraft
in the designated permanent areas in the Arctic without regard
to whether an unmanned aircraft is used as a public aircraft,
a civil aircraft, or a model aircraft.

Deadline.

SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

49 USC 40101
note.

(a) IN GENERAL.—Notwithstanding any other requirement of
this subtitle, and not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall determine if
certain unmanned aircraft systems may operate safely in the
national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required
by section 334 of this Act.

Deadline.
Determination.

07:45 Mar 06, 2012

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126 STAT. 76
Determination.

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making
the determination under subsection (a), the Secretary shall determine, at a minimum—
(1) which types of unmanned aircraft systems, if any, as
a result of their size, weight, speed, operational capability,
proximity to airports and populated areas, and operation within
visual line of sight do not create a hazard to users of the
national airspace system or the public or pose a threat to
national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title
49, United States Code, is required for the operation of
unmanned aircraft systems identified under paragraph (1).
(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary
determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such
aircraft systems in the national airspace system.

49 USC 40101
note.
Deadline.

SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

Deadline.

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(a) GUIDANCE.—Not later than 270 days after the date of enactment of this Act, the Secretary of Transportation shall issue guidance regarding the operation of public unmanned aircraft systems
to—
(1) expedite the issuance of a certificate of authorization
process;
(2) provide for a collaborative process with public agencies
to allow for an incremental expansion of access to the national
airspace system as technology matures and the necessary safety
analysis and data become available, and until standards are
completed and technology issues are resolved;
(3) facilitate the capability of public agencies to develop
and use test ranges, subject to operating restrictions required
by the Federal Aviation Administration, to test and operate
unmanned aircraft systems; and
(4) provide guidance on a public entity’s responsibility when
operating an unmanned aircraft without a civil airworthiness
certificate issued by the Administration.
(b) STANDARDS FOR OPERATION AND CERTIFICATION.—Not later
than December 31, 2015, the Administrator shall develop and implement operational and certification requirements for the operation
of public unmanned aircraft systems in the national airspace
system.
(c) AGREEMENTS WITH GOVERNMENT AGENCIES.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall enter into agreements with appropriate government agencies to simplify the
process for issuing certificates of waiver or authorization with
respect to applications seeking authorization to operate public
unmanned aircraft systems in the national airspace system.
(2) CONTENTS.—The agreements shall—
(A) with respect to an application described in paragraph (1)—
(i) provide for an expedited review of the application;

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 77

(ii) require a decision by the Administrator on
approval or disapproval within 60 business days of
the date of submission of the application; and
(iii) allow for an expedited appeal if the application
is disapproved;
(B) allow for a one-time approval of similar operations
carried out during a fixed period of time; and
(C) allow a government public safety agency to operate
unmanned aircraft weighing 4.4 pounds or less, if operated—
(i) within the line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any airport,
heliport, seaplane base, spaceport, or other location
with aviation activities.
SEC. 335. SAFETY STUDIES.

The Administrator of the Federal Aviation Administration shall
carry out all safety studies necessary to support the integration
of unmanned aircraft systems into the national airspace system.

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SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

(a) IN GENERAL.—Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into
Federal Aviation Administration plans and policies, including this
subtitle, the Administrator of the Federal Aviation Administration
may not promulgate any rule or regulation regarding a model
aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a communitybased set of safety guidelines and within the programming
of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator and the airport
air traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model aircraft
operators flying from a permanent location within 5 miles of
an airport should establish a mutually-agreed upon operating
procedure with the airport operator and the airport air traffic
control tower (when an air traffic facility is located at the
airport)).
(b) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who
endanger the safety of the national airspace system.
(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model
aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;

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(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.

Subtitle C—Safety and Protections
SEC. 341. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

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Recommendations.

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Section 106 (as amended by this Act) is further amended by
adding at the end the following:
‘‘(t) AVIATION SAFETY WHISTLEBLOWER INVESTIGATION
OFFICE.—
‘‘(1) ESTABLISHMENT.—There is established in the Federal
Aviation Administration (in this subsection referred to as the
‘Agency’) an Aviation Safety Whistleblower Investigation Office
(in this subsection referred to as the ‘Office’).
‘‘(2) DIRECTOR.—
‘‘(A) APPOINTMENT.—The head of the Office shall be
the Director, who shall be appointed by the Secretary of
Transportation.
‘‘(B) QUALIFICATIONS.—The Director shall have a demonstrated ability in investigations and knowledge of or
experience in aviation.
‘‘(C) TERM.—The Director shall be appointed for a term
of 5 years.
‘‘(D) VACANCIES.—Any individual appointed to fill a
vacancy in the position of the Director occurring before
the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder
of that term.
‘‘(3) COMPLAINTS AND INVESTIGATIONS.—
‘‘(A) AUTHORITY OF DIRECTOR.—The Director shall—
‘‘(i) receive complaints and information submitted
by employees of persons holding certificates issued
under title 14, Code of Federal Regulations (if the
certificate holder does not have a similar in-house
whistleblower or safety and regulatory noncompliance
reporting process) and employees of the Agency concerning the possible existence of an activity relating
to a violation of an order, a regulation, or any other
provision of Federal law relating to aviation safety;
‘‘(ii) assess complaints and information submitted
under clause (i) and determine whether a substantial
likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating
to aviation safety has occurred; and
‘‘(iii) based on findings of the assessment conducted
under clause (ii), make recommendations to the
Administrator of the Agency, in writing, regarding further investigation or corrective actions.
‘‘(B) DISCLOSURE OF IDENTITIES.—The Director shall
not disclose the identity of an individual who submits a
complaint or information under subparagraph (A)(i)
unless—
‘‘(i) the individual consents to the disclosure in
writing; or

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126 STAT. 79

‘‘(ii) the Director determines, in the course of an
investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.
‘‘(C) INDEPENDENCE OF DIRECTOR.—The Secretary, the
Administrator, or any officer or employee of the Agency
may not prevent or prohibit the Director from initiating,
carrying out, or completing any assessment of a complaint
or information submitted under subparagraph (A)(i) or from
reporting to Congress on any such assessment.
‘‘(D) ACCESS TO INFORMATION.—In conducting an
assessment of a complaint or information submitted under
subparagraph (A)(i), the Director shall have access to all
records, reports, audits, reviews, documents, papers, recommendations, and other material of the Agency necessary
to determine whether a substantial likelihood exists that
a violation of an order, a regulation, or any other provision
of Federal law relating to aviation safety may have
occurred.
‘‘(4) RESPONSES TO RECOMMENDATIONS.—Not later than 60
days after the date on which the Administrator receives a
report with respect to an investigation, the Administrator shall
respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any
further investigations or corrective actions taken in response
to the recommendation.
‘‘(5) INCIDENT REPORTS.—If the Director determines there
is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation
safety has occurred that requires immediate corrective action,
the Director shall report the potential violation expeditiously
to the Administrator and the Inspector General of the Department of Transportation.
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GENERAL.—If the Director has reasonable grounds to believe that
there has been a violation of Federal criminal law, the Director
shall report the violation expeditiously to the Inspector General.
‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later than
October 1 of each year, the Director shall submit to Congress
a report containing—
‘‘(A) information on the number of submissions of complaints and information received by the Director under
paragraph (3)(A)(i) in the preceding 12-month period;
‘‘(B) summaries of those submissions;
‘‘(C) summaries of further investigations and corrective
actions recommended in response to the submissions; and
‘‘(D) summaries of the responses of the Administrator
to such recommendations.’’.

Notice.

Deadline.
Records.

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SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS
INSPECTORS.

(a) IN GENERAL.—Section 44711 is amended by adding at the
end the following:
‘‘(d) POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS
INSPECTORS.—

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49 USC 44711
note.

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49 USC 44701
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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(1) PROHIBITION.—A person holding an operating certificate 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 Aviation 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 transportation 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 Administrator, 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 Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the reviews of the air transportation

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126 STAT. 81

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 Administration 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 previously 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 Disclosure Reporting Program.
(2) REVIEW.—In conducting the study, the Inspector General shall examine, at a minimum, if the Administration—
(A) conducts comprehensive reviews of voluntary disclosure 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 disclosure 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
FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later
than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking 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

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AND

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PUBLIC LAW 112–95—FEB. 14, 2012
(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 crewmember 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 Administrator shall initiate a rulemaking proceeding to require a flight
crewmember who is employed by an air carrier conducting operations 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 conducting 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 rulemaking proceeding required under subsection (b) shall be separate
from the rulemaking proceeding required under subsection (a).

Deadline.

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.
49 USC 44712
note.

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Determination.

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SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIATION 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 emergency 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 paragraph (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 subsection (b)(2), the Administrator shall submit a report on the
implementation of this section to—
(1) the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Transportation and Infrastructure
of the House of Representatives.

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126 STAT. 83

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.’’.

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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 wheelsoff 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;

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Reports.
Web posting.

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(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 destination airport—
‘‘(I) the gate-departure time at the diverted
airport;
‘‘(II) the wheels-off time at the diverted airport;
‘‘(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 Transportation.’’.
(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:

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49 USC 41724.

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‘‘§ 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

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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 subchapter is amended by adding at the end the following:

Deadline.

‘‘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.’’.

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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

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PUBLIC LAW 112–95—FEB. 14, 2012
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 comparable to the lowest airfare for ticketed flights and that
eliminate to the maximum extent possible advance purchase 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 purchase, 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.

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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 statistics, 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;

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(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 establishing minimum 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 carriers and how the additional 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 complaints regarding—
(1) flight cancellations;
(2) compliance with Federal regulations concerning overbooking 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 customerloyalty programs; and
(7) deceptive or misleading advertising.

49 USC 42302
note.

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SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135.

(a) STUDY REQUIRED.—The Administrator of the Federal Aviation 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—

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PUBLIC LAW 112–95—FEB. 14, 2012
(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.

Deadline.

Deadline.
Federal Register,
publication.

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49 USC 42301
prec. note.

(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 transportation.
(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 passengers, 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 establish 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 representative 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 consumer protection matters.

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(c) VACANCIES.—A vacancy in the advisory committee 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 accordance 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—
(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement
of such programs, if needed; and
(2) providing recommendations for establishing additional
aviation consumer protection programs, if needed.
(g) REPORT TO CONGRESS.—Not later than February 1 of each
of the first 2 calendar years beginning after the date of enactment
of this Act, the Secretary shall transmit to Congress a report
containing—
(1) the recommendations made by the advisory committee
during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented
each recommendation and, for each recommendation not implemented, the Secretary’s reason for not implementing the recommendation.
(h) TERMINATION.—The advisory committee established under
this section shall terminate on September 30, 2015.
SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE
OF CHILD SAFETY SEATS ON AIRCRAFT.

49 USC 42301
prec. note.

Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a rulemaking to require each air carrier operating under
part 121 of title 14, Code of Federal Regulations, to post on the
Internet Web site of the air carrier the maximum dimensions of
a child safety seat that can be used on each aircraft operated
by the air carrier to enable passengers to determine which child
safety seats can be used on those aircraft.

Deadline.
Regulations.
Web posting.

SEC. 413. SCHEDULE REDUCTION.

49 USC 41722
note.
Determination.

(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 exceed the hourly maximum departure and arrival
rate established by the Administrator for such operations; and
(2) the operations in excess of the maximum departure
and arrival rate for such hour at such airport are likely to
have a significant adverse effect on the safe and efficient use
of navigable airspace,
the Administrator shall convene a meeting of such carriers to reduce
pursuant to section 41722 of title 49, United States Code, on a
voluntary basis, the number of such operations so as not to exceed
the maximum departure and arrival rate.
(b) NO AGREEMENT.—If the air carriers participating in a
meeting with respect to an airport under subsection (a) are not
able to agree to a reduction in the number of flights to and from

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PUBLIC LAW 112–95—FEB. 14, 2012
the airport so as not to exceed the maximum departure and arrival
rate, the Administrator shall take such action as is necessary to
ensure such reduction is implemented.
(c) SUBSEQUENT SCHEDULE INCREASES.—Subsequent to any
reduction in operations under subsection (a) or (b) at an airport,
if the Administrator determines that the hourly number of aircraft
operations at that airport is less than the amount that can be
handled safely and efficiently, the Administrator shall ensure that
priority is given to United States air carriers in permitting additional aircraft operations with respect to that hour.
SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT
EXEMPTIONS.

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(a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.—Section 41718
is amended by adding at the end the following:
‘‘(g) ADDITIONAL SLOT EXEMPTIONS.—
‘‘(1) INCREASE IN SLOT EXEMPTIONS.—Not later than 90
days after the date of enactment of the FAA Modernization
and Reform Act of 2012, the Secretary shall grant, by order
16 exemptions from—
‘‘(A) the application of sections 49104(a)(5), 49109, and
41714 to air carriers to operate limited frequencies and
aircraft on routes between Ronald Reagan Washington
National Airport and airports located beyond the perimeter
described in section 49109; and
‘‘(B) the requirements of subparts K and S of part
93, Code of Federal Regulations.
‘‘(2) NEW ENTRANTS AND LIMITED INCUMBENTS.—Of the slot
exemptions made available under paragraph (1), the Secretary
shall make 8 available to limited incumbent air carriers or
new entrant air carriers (as such terms are defined in section
41714(h)). Such exemptions shall be allocated pursuant to the
application process established by the Secretary under subsection (d). The Secretary shall consider the extent to which
the exemptions will—
‘‘(A) provide air transportation with domestic network
benefits in areas beyond the perimeter described in section
49109;
‘‘(B) increase competition in multiple markets;
‘‘(C) not reduce travel options for communities served
by small hub airports and medium hub airports within
the perimeter described in section 49109;
‘‘(D) not result in meaningfully increased travel delays;
‘‘(E) enhance options for nonstop travel to and from
the beyond-perimeter airports that will be served as a
result of those exemptions;
‘‘(F) have a positive impact on the overall level of
competition in the markets that will be served as a result
of those exemptions; or
‘‘(G) produce public benefits, including the likelihood
that the service to airports located beyond the perimeter
described in section 49109 will result in lower fares, higher
capacity, and a variety of service options.
‘‘(3) IMPROVED NETWORK SLOTS.—Of the slot exemptions
made available under paragraph (1), the Secretary shall make
8 available to incumbent air carriers qualifying for status as
a non-limited incumbent carrier at Ronald Reagan Washington

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 91

National Airport as of the date of enactment of the FAA Modernization and Reform Act of 2012. Each such non-limited
incumbent air carrier—
‘‘(A) may operate up to a maximum of 2 of the newly
authorized slot exemptions;
‘‘(B) prior to exercising an exemption made available
under paragraph (1), shall discontinue the use of a slot
for service between Ronald Reagan Washington National
Airport and a large hub airport within the perimeter as
described in section 49109, and operate, in place of such
service, service between Ronald Reagan Washington
National Airport and an airport located beyond the perimeter described in section 49109;
‘‘(C) shall be entitled to return of the slot by the Secretary if use of the exemption made available to the carrier
under paragraph (1) is discontinued;
‘‘(D) shall have sole discretion concerning the use of
an exemption made available under paragraph (1),
including the initial or any subsequent beyond perimeter
destinations to be served; and
‘‘(E) shall file a notice of intent with the Secretary
and subsequent notices of intent, when appropriate, to
inform the Secretary of any change in circumstances concerning the use of any exemption made available under
paragraph (1).
‘‘(4) NOTICES OF INTENT.—Notices of intent under paragraph (3)(E) shall specify the beyond perimeter destination
to be served and the slots the carrier shall discontinue using
to serve a large hub airport located within the perimeter.
‘‘(5) CONDITIONS.—Beyond-perimeter flight operations carried out by an air carrier using an exemption granted under
this subsection shall be subject to the following conditions:
‘‘(A) An air carrier may not operate a multi-aisle or
widebody aircraft in conducting such operations.
‘‘(B) An air carrier granted an exemption under this
subsection is prohibited from transferring the rights to
its beyond-perimeter exemptions pursuant to section
41714(j).
‘‘(h) SCHEDULING PRIORITY.—In administering this section, the
Secretary shall—
‘‘(1) afford a scheduling priority to operations conducted
by new entrant air carriers and limited incumbent air carriers
over operations conducted by other air carriers granted additional slot exemptions under subsection (g) for service to airports located beyond the perimeter described in section 49109;
‘‘(2) afford a scheduling priority to slot exemptions currently
held by new entrant air carriers and limited incumbent air
carriers for service to airports located beyond the perimeter
described in section 49109, to the extent necessary to protect
viability of such service; and
‘‘(3) consider applications from foreign air carriers that
are certificated by the government of Canada if such consideration is required by the bilateral aviation agreement between
the United States and Canada and so long as the conditions
and limitations under this section apply to such foreign air
carriers.’’.

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PUBLIC LAW 112–95—FEB. 14, 2012
(b) HOURLY LIMITATION.—Section 41718(c)(2) is amended to
read as follows:
‘‘(2) GENERAL EXEMPTIONS.—
‘‘(A) HOURLY LIMITATION.—The exemptions granted—
‘‘(i) under subsections (a) and (b) and departures
authorized under subsection (g)(2) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m.;
and
‘‘(ii) under subsections (a), (b), and (g) may not
increase the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m.
by more than 5 operations.
‘‘(B) USE OF EXISTING SLOTS.—A non-limited incumbent
air carrier utilizing an exemption authorized under subsection (g)(3) for an arrival permitted between the hours
of 10:01 p.m. and 11:00 p.m. under this section shall discontinue use of an existing slot during the same time
period the arrival exemption is operated.’’.
(c) LIMITED INCUMBENT DEFINITION.—Section 41714(h)(5) is
amended—
(1) in subparagraph (A) by striking ‘‘20’’ and inserting
‘‘40’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(B) for purposes of such sections, the term ‘slot’ shall
not include—
‘‘(i) ‘slot exemptions’;
‘‘(ii) slots operated by an air carrier under a feefor-service arrangement for another air carrier, if the
air carrier operating such slots does not sell flights
in its own name, and is under common ownership
with an air carrier that seeks to qualify as a limited
incumbent and that sells flights in its own name; or
‘‘(iii) slots held under a sale and license-back
financing arrangement with another air carrier, where
the slots are under the marketing control of the other
air carrier; and’’.
(d) TRANSFER OF EXEMPTIONS.—Section 41714(j) is amended
by striking the period at the end and inserting ‘‘, except through
an air carrier merger or acquisition.’’.
(e) DEFINITION OF AIRPORT PURPOSES.—Section 49104(a)(2)(A)
is amended—
(1) in clause (ii) by striking ‘‘or’’ at the end;
(2) in clause (iii) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iv) a business or activity not inconsistent with
the needs of aviation that has been approved by the
Secretary.’’.

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SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS.

(a) IN GENERAL.—Subtitle VII is amended by inserting after
chapter 421 the following:

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 93

‘‘CHAPTER 423—PASSENGER AIR SERVICE
IMPROVEMENTS

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‘‘Sec.
‘‘42301. Emergency contingency plans.
‘‘42302. Consumer complaints.
‘‘42303. Use of insecticides in passenger aircraft.

‘‘§ 42301. Emergency contingency plans
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT PLANS.—Not
later than 90 days after the date of enactment of this section,
each of the following air carriers and airport operators shall submit
to the Secretary of Transportation for review and approval an
emergency contingency plan in accordance with the requirements
of this section:
‘‘(1) An air carrier providing covered air transportation
at a commercial airport.
‘‘(2) An operator of a commercial airport.
‘‘(3) An operator of an airport used by an air carrier
described in paragraph (1) for diversions.
‘‘(b) AIR CARRIER PLANS.—
‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air carrier shall
submit an emergency contingency plan under subsection (a)
for—
‘‘(A) each airport at which the carrier provides covered
air transportation; and
‘‘(B) each airport at which the carrier has flights for
which the carrier has primary responsibility for inventory
control.
‘‘(2) CONTENTS.—An emergency contingency plan submitted
by an air carrier for an airport under subsection (a) shall
contain a description of how the carrier will—
‘‘(A) provide adequate food, potable water, restroom
facilities, comfortable cabin temperatures, and access to
medical treatment for passengers onboard an aircraft at
the airport when the departure of a flight is delayed or
the disembarkation of passengers is delayed;
‘‘(B) share facilities and make gates available at the
airport in an emergency; and
‘‘(C) allow passengers to deplane following an excessive
tarmac delay in accordance with paragraph (3).
‘‘(3) DEPLANING FOLLOWING AN EXCESSIVE TARMAC DELAY.—
For purposes of paragraph (2)(C), an emergency contingency
plan submitted by an air carrier under subsection (a) shall
incorporate the following requirements:
‘‘(A) A passenger shall have the option to deplane
an aircraft and return to the airport terminal when there
is an excessive tarmac delay.
‘‘(B) The option described in subparagraph (A) shall
be offered to a passenger even if a flight in covered air
transportation is diverted to a commercial airport other
than the originally scheduled airport.
‘‘(C) Notwithstanding the requirements described in
subparagraphs (A) and (B), a passenger shall not have
an option to deplane an aircraft and return to the airport
terminal in the case of an excessive tarmac delay if—

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Deadline.

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Deadlines.

Deadline.
Review.

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Web posting.

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(i) an air traffic controller with authority over
the aircraft advises the pilot in command that permitting a passenger to deplane would significantly disrupt
airport operations; or
‘‘(ii) the pilot in command determines that permitting a passenger to deplane would jeopardize passenger
safety or security.
‘‘(c) AIRPORT PLANS.—An emergency contingency plan submitted by an airport operator under subsection (a) shall contain
a description of how the operator, to the maximum extent practicable, will—
‘‘(1) provide for the deplanement of passengers following
excessive tarmac delays;
‘‘(2) provide for the sharing of facilities and make gates
available at the airport in an emergency; and
‘‘(3) provide a sterile area following excessive tarmac delays
for passengers who have not yet cleared United States Customs
and Border Protection.
‘‘(d) UPDATES.—
‘‘(1) AIR CARRIERS.—An air carrier shall update each emergency contingency plan submitted by the carrier under subsection (a) every 3 years and submit the update to the Secretary
for review and approval.
‘‘(2) AIRPORTS.—An airport operator shall update each
emergency contingency plan submitted by the operator under
subsection (a) every 5 years and submit the update to the
Secretary for review and approval.
‘‘(e) APPROVAL.—
‘‘(1) IN GENERAL.—Not later than 60 days after the date
of the receipt of an emergency contingency plan submitted
under subsection (a) or an update submitted under subsection
(d), the Secretary shall review and approve or, if necessary,
require modifications to the plan or update to ensure that
the plan or update will effectively address emergencies and
provide for the health and safety of passengers.
‘‘(2) FAILURE TO APPROVE OR REQUIRE MODIFICATIONS.—
If the Secretary fails to approve or require modifications to
a plan or update under paragraph (1) within the timeframe
specified in that paragraph, the plan or update shall be deemed
to be approved.
‘‘(3) ADHERENCE REQUIRED.—An air carrier or airport operator shall adhere to an emergency contingency plan of the
carrier or operator approved under this section.
‘‘(f) MINIMUM STANDARDS.—The Secretary shall establish, as
necessary or desirable, minimum standards for elements in an
emergency contingency plan required to be submitted under this
section.
‘‘(g) PUBLIC ACCESS.—An air carrier or airport operator required
to submit an emergency contingency plan under this section shall
ensure public access to the plan after its approval under this
section on the Internet Web site of the carrier or operator or
by such other means as determined by the Secretary.
‘‘(h) REPORTS.—Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for
such flight shall submit a written description of the incident and
its resolution to the Aviation Consumer Protection Division of the
Department of Transportation.

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126 STAT. 95

‘‘(i) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COMMERCIAL AIRPORT.—The term ‘commercial airport’
means a large hub, medium hub, small hub, or nonhub airport.
‘‘(2) COVERED AIR TRANSPORTATION.—The term ‘covered air
transportation’ means scheduled or public charter passenger
air transportation provided by an air carrier that operates
an aircraft that as originally designed has a passenger capacity
of 30 or more seats.
‘‘(3) TARMAC DELAY.—The term ‘tarmac delay’ means the
period during which passengers are on board an aircraft on
the tarmac—
‘‘(A) awaiting takeoff after the aircraft doors have been
closed or after passengers have been boarded if the passengers have not been advised they are free to deplane;
or
‘‘(B) awaiting deplaning after the aircraft has landed.
‘‘(4) EXCESSIVE TARMAC DELAY.—The term ‘excessive tarmac
delay’ means a tarmac delay that lasts for a length of time,
as determined by the Secretary.

Applicability.

‘‘§ 42302. Consumer complaints
‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish a consumer complaints toll-free hotline telephone number for
the use of passengers in air transportation and shall take actions
to notify the public of—
‘‘(1) that telephone number; and
‘‘(2) the Internet Web site of the Aviation Consumer Protection Division of the Department of Transportation.
‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.—An air carrier
or foreign air carrier providing scheduled air transportation using
any aircraft that as originally designed has a passenger capacity
of 30 or more passenger seats shall include on the Internet Web
site of the carrier—
‘‘(1) the hotline telephone number established under subsection (a);
‘‘(2) the e-mail address, telephone number, and mailing
address of the air carrier for the submission of complaints
by passengers about air travel service problems; and
‘‘(3) the Internet Web site and mailing address of the
Aviation Consumer Protection Division of the Department of
Transportation for the submission of complaints by passengers
about air travel service problems.
‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCUMENTATION.—
An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger
capacity of 30 or more passenger seats shall include the hotline
telephone number established under subsection (a) on—
‘‘(1) prominently displayed signs of the carrier at the airport
ticket counters in the United States where the air carrier
operates; and
‘‘(2) any electronic confirmation of the purchase of a passenger ticket for air transportation issued by the air carrier.

49 USC 42302.

‘‘§ 42303. Use of insecticides in passenger aircraft
‘‘(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The
Secretary of Transportation shall establish, and make available

49 USC 42303.

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Public
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Effective date.
49 USC 42301
note.

PUBLIC LAW 112–95—FEB. 14, 2012
to the general public, an Internet Web site that contains a listing
of countries that may require an air carrier or foreign air carrier
to treat an aircraft passenger cabin with insecticides prior to a
flight in foreign air transportation to that country or to apply
an aerosol insecticide in an aircraft cabin used for such a flight
when the cabin is occupied with passengers.
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, foreign air carrier,
or ticket agent selling, in the United States, a ticket for a flight
in foreign air transportation to a country listed on the Internet
Web site established under subsection (a) shall refer the purchaser
of the ticket to the Internet Web site established under subsection
(a) for additional information.’’.
(b) PENALTIES.—Section 46301 is amended in subsections
(a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ after ‘‘chapter
421,’’.
(c) APPLICABILITY OF REQUIREMENTS.—Except as otherwise provided, the requirements of chapter 423 of title 49, United States
Code, as added by this section, shall begin to apply 60 days after
the date of enactment of this Act.
(d) CLERICAL AMENDMENT.—The analysis for subtitle VII is
amended by inserting after the item relating to chapter 421 the
following:
‘‘423. Passenger Air Service Improvements .........................................................42301’’.

Subtitle B—Essential Air Service

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SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS
THAT AVERAGE FEWER THAN 10 ENPLANEMENTS PER DAY.

Section 41731 is amended—
(1) in subsection (a)(1) by amending subparagraph (B) to
read as follows:
‘‘(B) had an average of 10 enplanements per service
day or more, as determined by the Secretary, during
the most recent fiscal year beginning after September
30, 2012;’’;
(2) by amending subsection (c) to read as follows:
‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA AND HAWAII.—Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply
with respect to locations in the State of Alaska or the State of
Hawaii.’’;
(3) by amending subsection (d) to read as follows:
‘‘(d) EXCEPTIONS FOR LOCATIONS MORE THAN 175 DRIVING
MILES FROM THE NEAREST LARGE OR MEDIUM HUB AIRPORT.—
Subsection (a)(1)(B) shall not apply with respect to locations that
are more than 175 driving miles from the nearest large or medium
hub airport.’’; and
(4) by adding at the end the following:
‘‘(e) WAIVERS.—For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection
(a)(1)(B) with respect to a location if the location demonstrates
to the Secretary’s satisfaction that the reason the location averages
fewer than 10 enplanements per day is due to a temporary decline
in enplanements.
‘‘(f) DEFINITION.—For purposes of subsection (a)(1)(B), the term
‘enplanements’ means the number of passengers enplaning, at an

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126 STAT. 97

eligible place, on flights operated by the subsidized essential air
service carrier.’’.
SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.

Section 41731(a)(1) is further amended—
(1) in subparagraph (C) by striking the period at the end
and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(D) is a community that, at any time during the
period between September 30, 2010, and September 30,
2011, inclusive—
‘‘(i) received essential air service for which compensation was provided to an air carrier under this
subchapter; or
‘‘(ii) received a 90-day notice of intent to terminate
essential air service and the Secretary required the
air carrier to continue to provide such service to the
community.’’.

Time period.

SEC. 423. ESSENTIAL AIR SERVICE MARKETING.

Section 41733(c)(1) is amended—
(1) by redesignating subparagraph (E) as subparagraph
(F);
(2) by striking ‘‘and’’ at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following:
‘‘(E) whether the air carrier has included a plan in its
proposal to market its services to the community; and’’.

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SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE.

Section 41733 is amended by adding at the end the following:
‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—The Secretary shall notify each community receiving basic essential air service for which compensation
is being paid under this subchapter on or before the 45th
day before issuing any final decision to end the payment of
such compensation due to a determination by the Secretary
that 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, information to each community notified under paragraph (1) 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 basic essential
air service and the subsidy cap.’’.

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PUBLIC LAW 112–95—FEB. 14, 2012
SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED
TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR
SERVICE.

Section 41733 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 essential air service to an eligible
place because the Secretary has determined that providing
such service requires a rate of subsidy per passenger in excess
of the subsidy cap or that the place is no longer an eligible
place pursuant to section 41731(a)(1)(B), a State or local government may submit to the Secretary a proposal 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.—The Secretary shall
issue an order restoring the eligibility of the otherwise eligible
place to receive basic essential air service by an air carrier
for compensation under subsection (c) if—
‘‘(A) a State or local government submits to the Secretary a proposal under paragraph (1); and
‘‘(B) the Secretary determines that—
‘‘(i) the rate of subsidy per passenger under the
proposal does not exceed the subsidy cap;
‘‘(ii) the proposal is likely to result in an average
number of enplanements per day that will satisfy the
requirement in section 41731(a)(1)(B); and
‘‘(iii) the proposal is consistent with the legal and
regulatory requirements of the essential air service
program.
‘‘(h) SUBSIDY CAP DEFINED.—In this section, the term ‘subsidy
cap’ means the subsidy-per-passenger cap established by section
332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022).’’.

Order.

SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY
INCREASED COSTS.

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49 USC 41737
note.

Applicability.
49 USC 41734
note.

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(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.—Subject to
the availability of funds, the Secretary may increase 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 requirement under section 41734 of such title.
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDIVIDUAL CONTRACTS.—
(1) IN GENERAL.—Section 41734(d) 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 carriers for air service
provided after the 30th day following the date of enactment
of this Act.

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126 STAT. 99

(c) SUBSIDY CAP.—Subject to the availability of funds, the Secretary may waive, on a case-by-case basis, the subsidy-per-passenger cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000
(Public Law 106–69; 113 Stat. 1022). A waiver issued under this
subsection shall remain in effect for a limited period of time, as
determined by the Secretary.

49 USC 41731
note.

SEC. 427. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.

(a) COMPENSATION GUIDELINES.—Section 41737(a)(1) is
amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B);
(2) in subparagraph (C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating
financial incentives in an essential air service contract based
on specified performance goals, including goals related to
improving on-time performance, reducing the number of flight
cancellations, establishing reasonable fares (including joint
fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and
increasing marketing efforts; and
‘‘(E) include provisions under which the Secretary may
execute a long-term essential air service contract to encourage
an air carrier to provide air service to an eligible place if
it would be in the public interest to do so.’’.
(b) DEADLINE FOR ISSUANCE OF REVISED GUIDANCE.—Not later
than 1 year after the date of enactment of this Act, the Secretary
of Transportation shall issue revised guidelines governing the rate
of compensation payable under subchapter II of chapter 417 that
incorporate the amendments made by this section.
(c) UPDATE.—Not later than 2 years after the date of issuance
of revised guidelines pursuant to subsection (b), the Secretary 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 an update of the extent
to which the revised guidelines have been implemented and the
impact, if any, such implementation has had on air carrier performance and community satisfaction with air service for which compensation is being paid under subchapter II of chapter 417.

49 USC 41737
note.

Deadline.

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SEC. 428. ESSENTIAL AIR SERVICE REFORM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 41742(a) is
amended—
(1) in paragraph (1)—
(A) by inserting ‘‘for each fiscal year’’ before ‘‘is authorized’’; and
(B) by striking ‘‘under this subchapter for each fiscal
year’’ and inserting ‘‘under this subchapter’’; and
(2) in paragraph (2) by striking ‘‘and $54,699,454 for the
period beginning on October 1, 2011, and ending on February
17, 2012,’’ and inserting ‘‘, $143,000,000 for fiscal year 2012,
$118,000,000 for fiscal year 2013, $107,000,000 for fiscal year
2014, and $93,000,000 for fiscal year 2015’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Section 41742(b) is
amended to read as follows:
‘‘(b) DISTRIBUTION OF ADDITIONAL FUNDS.—Notwithstanding
any other provision of law, in any fiscal year in which funds credited
to the account established under section 45303, including the funds
derived from fees imposed under the authority contained in section
45301(a), exceed the $50,000,000 made available under subsection
(a)(1), such funds shall be made available immediately for obligation
and expenditure to carry out the essential air service program
under this subchapter.’’.
(c) AVAILABILITY OF FUNDS.—Section 41742 is amended by
adding at the end the following:
‘‘(c) AVAILABILITY OF FUNDS.—The funds made available under
this section shall remain available until expended.’’.
SEC. 429. SMALL COMMUNITY AIR SERVICE.

(a) PRIORITIES.—Section 41743(c)(5) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (D);
(2) in subparagraph (E) by striking ‘‘fashion.’’ and inserting
‘‘fashion; and’’; and
(3) by adding at the end the following:
‘‘(F) multiple communities cooperate to submit a
regional or multistate application to consolidate air service
into one regional airport.’’.
(b) EXTENSION OF AUTHORIZATION.—Section 41743(e)(2) is
amended to read as follows:
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $6,000,000 for each
of fiscal years 2012 through 2015 to carry out this section.
Such sums shall remain available until expended.’’.
SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION
PROGRAM.

Section 41747, and the item relating to section 41747 in the
analysis for chapter 417, are repealed.
SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE
ADJUSTMENT ELIGIBILITY.

Section 409(d) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ‘‘February
17, 2012.’’ and inserting ‘‘September 30, 2015.’’.

TITLE V—ENVIRONMENTAL
STREAMLINING

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SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.

(a) GENERAL REQUIREMENTS.—Section 40128(a)(1)(C) is
amended by inserting ‘‘or voluntary agreement under subsection
(b)(7)’’ before ‘‘for the park’’.
(b) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER
FLIGHTS EACH YEAR.—Section 40128(a) is amended by adding at
the end the following:
‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 50 OR FEWER
FLIGHTS EACH YEAR.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1), a
national park that has 50 or fewer commercial air tour

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 101

operations over the park each year shall be exempt from
the requirements of this section, except as provided in
subparagraph (B).
‘‘(B) WITHDRAWAL OF EXEMPTION.—If the Director
determines that an air tour management plan or voluntary
agreement is necessary to protect park resources and values
or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).
‘‘(C) LIST OF PARKS.—
‘‘(i) IN GENERAL.—The Director and Administrator
shall jointly publish a list each year of national parks
that are covered by the exemption provided under this
paragraph.
‘‘(ii) NOTIFICATION OF WITHDRAWAL OF EXEMPTION.—The Director shall inform the Administrator,
in writing, of each determination to withdraw an
exemption under subparagraph (B).
‘‘(D) ANNUAL REPORT.—A commercial air tour operator
conducting commercial air tour operations over a national
park that is exempt from the requirements of this section
shall submit to the Administrator and the Director a report
each year that includes the number of commercial air tour
operations the operator conducted during the preceding
1-year period over such park.’’.
(c) AIR TOUR MANAGEMENT PLANS.—Section 40128(b) is
amended—
(1) in paragraph (1) by adding at the end the following:
‘‘(C) EXCEPTION.—An application to begin commercial
air tour operations at Crater Lake National Park may
be denied without the establishment of an air tour management plan by the Director of the National Park Service
if the Director determines that such operations would
adversely affect park resources or visitor experiences.’’; and
(2) 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 agreement with a commercial air
tour operator (including a new entrant commercial air tour
operator and an operator that has interim operating
authority) that has applied to conduct commercial 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 necessary 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 voluntary agreement; and
‘‘(iii) provide for fees for such operations.
‘‘(C) PUBLIC REVIEW.—The Director and the Administrator shall provide an opportunity for public review of
a proposed voluntary agreement under this paragraph and

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126 STAT. 102

PUBLIC LAW 112–95—FEB. 14, 2012

shall consult with any Indian tribe whose tribal lands
are, or may be, flown over by a commercial air tour operator
under a voluntary agreement under this paragraph. 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.—
‘‘(i) IN GENERAL.—A voluntary agreement under
this paragraph may be terminated at any time at the
discretion of—
‘‘(I) the Director, if the Director determines
that the agreement is not adequately protecting
park resources or visitor experiences; or
‘‘(II) the Administrator, if the Administrator
determines that the agreement is adversely
affecting aviation safety or the national aviation
system.
‘‘(ii) EFFECT OF TERMINATION.—If a voluntary
agreement with respect to a national park is terminated under this subparagraph, the operators shall
conform to the requirements for interim operating
authority under subsection (c) until an air tour
management plan for the park is in effect.’’.
(d) INTERIM OPERATING AUTHORITY.—Section 40128(c) is
amended—
(1) by striking paragraph (2)(I) and inserting the following:
‘‘(I) may allow for modifications of the interim operating authority without further environmental review
beyond that described in this subsection, if—
‘‘(i) adequate information regarding the existing
and proposed operations of the operator under the
interim operating authority is provided to the Administrator and the Director;
‘‘(ii) the Administrator determines that there
would be no adverse impact on aviation safety or the
air traffic control system; and
‘‘(iii) the Director agrees with the modification,
based on the professional expertise of the Director
regarding the protection of the resources, values, and
visitor use and enjoyment of the park.’’; and
(2) in paragraph (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 proposed operations of the operator is provided to the Administrator
and the Director by the operator making the request;
‘‘(ii) the Administrator agrees that there would
be no adverse impact on aviation 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.’’.
(e) OPERATOR REPORTS.—Section 40128 is amended—
(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

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126 STAT. 103

(2) by inserting after subsection (c) the following:
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.—
‘‘(1) REPORT.—Each commercial air tour operator conducting a commercial air tour operation over a national park
under interim operating authority granted under subsection
(c) or in accordance with an air tour management plan or
voluntary agreement under subsection (b) shall submit to the
Administrator and the Director a report regarding the number
of commercial air tour operations over each national park that
are conducted by the operator and such other information as
the Administrator and Director may request in order to facilitate administering the provisions of this section.
‘‘(2) REPORT SUBMISSION.—Not later than 90 days after
the date of enactment of the FAA Modernization and Reform
Act of 2012, the Administrator and the Director shall jointly
issue an initial request for reports under this subsection. The
reports shall be submitted to the Administrator and the
Director with a frequency and in a format prescribed by the
Administrator and the Director.’’.
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 ‘‘regulations’’ and
inserting ‘‘guidance’’.
(b) APPLICATIONS AND SELECTION.—Section 47128(b)(4) is
amended by inserting before the semicolon the following: ‘‘,
including the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), State and local environmental policy acts, Executive
orders, agency regulations and guidance, and other Federal environmental requirements’’.
(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 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) as necessary, consult with the State to describe the
supplemental analysis the State must provide to meet
applicable Federal requirements.’’.

Consultation.

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SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

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 related to
an airport project funded with Federal funds;

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(3) to conduct special studies or reviews to support
approved noise compatibility measures described in part 150
of title 14, Code of Federal Regulations;
‘‘(4) to conduct special studies or reviews to support
environmental mitigation in a record of decision or finding
of no significant impact by the Federal Aviation Administration;
and
‘‘(5) to facilitate the timely processing, review, and completion of environmental activities associated with new or amended
flight procedures, including performance-based navigation
procedures, such as required navigation performance procedures and area navigation procedures.’’.

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 PROCEDURES.—
‘‘(1) IN GENERAL.—In accordance with subsection (c)(1), the
Secretary may make a grant to an airport operator to assist
in completing environmental review and assessment activities
for proposals to implement flight procedures at such airport
that have been approved as part of an airport noise compatibility 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 consultants in order to facilitate the
timely processing, review, and completion of environmental
activities associated with proposals to implement flight procedures at such airport that have been approved as part of
an airport noise compatibility program under subsection (b).
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any funds accepted under
this section—
‘‘(A) shall be credited as offsetting collections 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 expended.’’.

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SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL
PROPERTIES.

Section 47504 (as amended by this Act) is further amended
by adding at the end the following:
‘‘(f) DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL
PROPERTIES.—In approving a project to acquire residential real
property using financial assistance made available under this section or chapter 471, the Secretary shall ensure that the appraisal
of the property to be acquired disregards any decrease or increase
in the fair market value of the real property caused by the project
for which the property is to be acquired, or by the likelihood
that the property would be acquired for the project, other than
that due to physical deterioration within the reasonable control
of the owner.’’.

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126 STAT. 105

SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING
75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 3
NOISE LEVELS.

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(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 complying with stage
3 noise levels
‘‘(a) PROHIBITION.—Except as otherwise provided by this section,
after December 31, 2015, a person may not operate a civil subsonic
jet airplane with a maximum weight of 75,000 pounds or less,
and for which an airworthiness certificate (other than an experimental certificate) 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) AIRCRAFT OPERATIONS OUTSIDE 48 CONTIGUOUS STATES.—
Subsection (a) shall not apply to aircraft operated only outside
the 48 contiguous States.
‘‘(c) TEMPORARY OPERATIONS.—The Secretary may allow temporary operation of an aircraft otherwise prohibited from operation
under subsection (a) to or from an airport in the contiguous United
States by granting a special flight authorization for one or more
of the following circumstances:
‘‘(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 maintenance facility located
in the contiguous 48 States.
‘‘(5) To deliver the aircraft to an operator leasing 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 an emergency situation.
‘‘(8) To divert the aircraft to an alternative airport in the
48 contiguous States on account of weather, 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) REGULATIONS.—The Secretary may prescribe such regulations or other guidance as may be necessary for the implementation
of this section.
‘‘(e) STATUTORY CONSTRUCTION.—
‘‘(1) AIP GRANT ASSURANCES.—Noncompliance with subsection (a) shall not be construed as a violation of section
47107 or any regulations prescribed thereunder.
‘‘(2) PENDING APPLICATIONS.—Nothing in this section may
be construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of

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Federal Regulations, that were pending on the date of enactment of this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) PENALTIES.—Section 47531 is amended—
(A) in the section heading by striking ‘‘for violating
sections 47528–47530’’; and
(B) by striking ‘‘47529, or 47530’’ and inserting ‘‘47529,
47530, or 47534’’.
(2) JUDICIAL REVIEW.—Section 47532 is amended by
inserting ‘‘or 47534’’ after ‘‘47528–47531’’.
(3) ANALYSIS.—The analysis for subchapter II of chapter
475 is amended—
(A) by striking the item relating to section 47531 and
inserting the following:

‘‘47531. Penalties.’’; and

(B) by adding at the end the following:
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not
complying with stage 3 noise levels.’’.
49 USC 44505
note.

SEC. 507. 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 Administration shall use funds made
available under section 48101(a) to test air traffic flow management
tools, methodologies, and procedures that will allow air traffic
controllers of the Administration 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 Secretary 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 environmental 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 $2,500,000
may be expended under the pilot program at any single publicuse airport.
49 USC 44502
note.

SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE
AIR TRAFFIC CONTROL FACILITIES.

The Administrator of the Federal Aviation Administration may
implement, to the extent practicable, sustainable practices for the
incorporation 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 at, improve the environmental performance
of, and reduce the cost of maintenance for such facilities.

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SEC. 509. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) the European Union directive extending the European
Union’s emissions trading proposal to international civil aviation without working through the International Civil Aviation
Organization (in this section referred to as the ‘‘ICAO’’) in

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126 STAT. 107

a consensus-based fashion is inconsistent with the Convention
on International Civil Aviation, completed in Chicago on
December 7, 1944 (TIAS 1591; commonly known as the ‘‘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
engaged in international civil aviation;
(2) the European Union and its member states should
instead work with other contracting states of ICAO to develop
a consensual approach to addressing aircraft greenhouse gas
emissions through ICAO; and
(3) officials of the United States Government, and particularly the Secretary of Transportation and the Administrator
of the Federal Aviation Administration, should use all political,
diplomatic, and legal tools at the disposal of the United States
to ensure that the European Union’s emissions trading scheme
is not applied to aircraft registered by the United States or
the operators of those aircraft, including the mandates that
United States carriers provide emissions data to and purchase
emissions allowances from or surrender emissions allowances
to the European Union Member States.
SEC. 510. AVIATION NOISE COMPLAINTS.

Not later than 90 days after the date of enactment of this
Act, each owner or operator of a large hub airport (as defined
in section 40102(a) of title 49, United States Code) shall publish
on an Internet Web site of the airport a telephone number to
receive aviation noise complaints related to the airport.

49 USC 47501
note.
Deadline.
Web posting.

SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES.

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(a) IN GENERAL.—Chapter 471 is amended by inserting after
section 47136 the following:
‘‘§ 47136a. Zero-emission airport vehicles and infrastructure
‘‘(a) IN GENERAL.—The Secretary of Transportation may establish a pilot program under which the sponsor of a public-use airport
may use funds made available under section 47117 or section 48103
for use at such airport to carry out activities associated with the
acquisition and operation of zero-emission vehicles (as defined in
section 88.102–94 of title 40, Code of Federal Regulations), including
the construction or modification of infrastructure to facilitate the
delivery of fuel and services necessary for the use of such vehicles.
‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—A public-use airport may be eligible for
participation in the program only if the airport is located in
a nonattainment area (as defined in section 171 of the Clean
Air Act (42 U.S.C. 7501)).
‘‘(2) SHORTAGE OF APPLICANTS.—If the Secretary receives
an insufficient number of applications from public-use airports
located in such areas, the Secretary may permit public-use
airports that are not located in such areas to participate in
the program.
‘‘(c) SELECTION CRITERIA.—In selecting from among applicants
for participation in the program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar
of funds expended under the program.

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‘‘(d) FEDERAL SHARE.—Notwithstanding any other provision of
this subchapter, the Federal share of the costs of a project carried
out under the program shall be 50 percent.
‘‘(e) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The sponsor of a public-use airport carrying out activities funded under the program may not use
more than 10 percent of the amounts made available under
the program in any fiscal year for technical assistance in carrying out such activities.
‘‘(2) USE OF UNIVERSITY TRANSPORTATION CENTER.—Participants in the program may use a university transportation
center receiving grants under section 5506 in the region of
the airport to receive the technical assistance described in
paragraph (1).
‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The Secretary
may develop and make available materials identifying best practices
for carrying out activities funded under the program based on
projects carried out under section 47136 and other sources.’’.
(b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not later than
18 months after the date of enactment of this Act, the Secretary
of Transportation shall submit to the Committee on Science, Space,
and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing—
(1) an evaluation of the effectiveness of the program established by section 47136a of title 49, United States Code (as
added by this section);
(2) the performance measures used to measure such
effectiveness, such as the goals for the projects implemented
and the amount of emissions reduction achieved through these
projects;
(3) an assessment of the sufficiency of the data collected
during the program to make a decision on whether or not
to implement the program;
(4) an identification of all public-use airports that expressed
an interest in participating in the program; and
(5) a description of the mechanisms used by the Secretary
to ensure that the information and expertise gained by participants in the program is transferred among the participants
and to other interested parties, including other public-use airports.
(c) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by inserting after the item relating to section 47136
the following:

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‘‘47136a. Zero-emission airport vehicles and infrastructure.’’.

(d) TECHNICAL AMENDMENT.—Section 47136(f)(2) is amended—
(1) in the paragraph heading by striking ‘‘ELIGIBLE CONSORTIUM’’ and inserting ‘‘UNIVERSITY TRANSPORTATION CENTER’’;
and
(2) by striking ‘‘an eligible consortium’’ and inserting ‘‘a
university transportation center’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 109

SEC. 512. INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER
SOURCES.

(a) IN GENERAL.—Chapter 471 is amended by inserting after
section 47140 the following:
‘‘§ 47140a. Increasing the energy efficiency of airport power
sources
‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish a program under which the Secretary shall encourage the
sponsor of each public-use airport to assess the airport’s energy
requirements, including heating and cooling, base load, back-up
power, and power for on-road airport vehicles and ground support
equipment, in order to identify opportunities to increase energy
efficiency at the airport.
‘‘(b) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants from
amounts made available under section 48103 to assist airport
sponsors that have completed the assessment described in subsection (a) to acquire or construct equipment, including
hydrogen equipment and related infrastructure, that will
increase energy efficiency at the airport.
‘‘(2) APPLICATION.—To be eligible for a grant under paragraph (1), the sponsor of a public-use airport shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by inserting after the item relating to section 47140
the following:

49 USC 47140a.

‘‘47140a. Increasing the energy efficiency of airport power sources.’’.

TITLE VI—FAA EMPLOYEES AND
ORGANIZATION

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SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

Section 40122(a) is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), 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 representative of the employees, the Administrator
and the bargaining representative—
‘‘(i) shall use the services of the Federal Mediation
and Conciliation Service to attempt to reach such
agreement in accordance with part 1425 of title 29,
Code of Federal Regulations (as in effect on the date
of enactment of the FAA Modernization and Reform
Act of 2012); or
‘‘(ii) may by mutual agreement adopt alternative
procedures for the resolution of disputes or impasses
arising in the negotiation of the collective-bargaining
agreement.

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126 STAT. 110

‘‘(B) MID-TERM BARGAINING.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in
controversy arising from the negotiation of a mid-term
collective-bargaining agreement, the Federal Service
Impasses Panel shall assist the parties in resolving the
impasse in accordance with section 7119 of title 5.
‘‘(C) BINDING ARBITRATION FOR TERM BARGAINING.—
‘‘(i) ASSISTANCE FROM FEDERAL SERVICE IMPASSES
PANEL.—If the services of the Federal Mediation and
Conciliation Service under subparagraph (A)(i) do not
lead to the resolution of issues in controversy arising
from the negotiation of a term collective-bargaining
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 jurisdiction 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 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. Not later than 10 days after
receiving the list, the parties shall each select one
person from the list. The 2 arbitrators selected by
the parties shall then select a third person from the
list not later than 7 days after being selected. If either
of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person in 7
days, the parties shall make the selection by alternately striking names on the list until one arbitrator
remains.
‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—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 representative as they may
elect.
‘‘(v) DECISIONS.—The arbitration board shall
render its decision within 90 days after the date of
its appointment. Decisions of the arbitration board
shall be conclusive and binding upon the parties.
‘‘(vi) MATTERS FOR CONSIDERATION.—The arbitration board shall take into consideration such factors
as—

Submission.

List.
Deadlines.

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Deadline.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 111

‘‘(I) the effect of its arbitration decisions on
the Federal Aviation Administration’s ability to
attract and retain a qualified workforce;
‘‘(II) the effect of its arbitration decisions on
the Federal Aviation Administration’s budget; and
‘‘(III) any other factors whose consideration
would assist the board in fashioning a fair and
equitable award.
‘‘(vii) COSTS.—The parties shall share costs of the
arbitration equally.
‘‘(3) RATIFICATION OF AGREEMENTS.—Upon reaching a voluntary agreement or at the conclusion of the binding arbitration
under paragraph (2)(C), the final agreement, except for those
matters decided by an arbitration board, shall be subject to
ratification by the exclusive bargaining representative of the
employees, if so requested by the bargaining representative,
and the final agreement shall be subject to approval by the
head of the agency in accordance with the provisions referred
to in subsection (g)(2)(C).’’.

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SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.

Section 40122(g)(2) is amended—
(1) in subparagraph (G) by striking ‘‘and’’ after the semicolon;
(2) in subparagraph (H) by striking ‘‘Board.’’ and inserting
‘‘Board; and’’; and
(3) by adding at the end the following:
‘‘(I) subsections (b), (c), and (d) of section 4507 (relating
to Meritorious Executive or Distinguished Executive rank
awards) and subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that—
‘‘(i) for purposes of applying such provisions to
the personnel management system—
‘‘(I) the term ‘agency’ means the Department
of Transportation;
‘‘(II) the term ‘senior executive’ means a Federal Aviation Administration executive;
‘‘(III) the term ‘career appointee’ means a Federal Aviation Administration career executive; and
‘‘(IV) the term ‘senior career employee’ means
a Federal Aviation Administration career senior
professional;
‘‘(ii) receipt by a career appointee or a senior career
employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to
a lump-sum payment of an amount equal to 20 percent
of annual basic pay, which shall be in addition to
the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and
‘‘(iii) receipt by a career appointee or a senior
career employee of the rank of Distinguished Executive
or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal
to 35 percent of annual basic pay, which shall be
in addition to the basic pay paid under the Federal

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126 STAT. 112

PUBLIC LAW 112–95—FEB. 14, 2012
Aviation
Plan.’’.

Administration

Executive

Compensation

SEC. 603. COLLEGIATE TRAINING INITIATIVE STUDY.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study on training options for graduates of the Collegiate
Training Initiative program (in this section referred to as ‘‘CTI’’
programs) conducted under section 44506(c) of title 49, United
States Code.
(b) CONTENTS.—The study shall analyze the impact of providing
as an alternative to the current training provided at the Mike
Monroney Aeronautical Center of the Federal Aviation Administration a new air traffic controller orientation session at such Center
for graduates of CTI programs followed by on-the-job training for
such new air traffic controllers who are graduates of CTI programs
and shall include an analysis of—
(1) the cost effectiveness of such an alternative training
approach; and
(2) the effect that such an alternative training approach
would have on the overall quality of training received by graduates of CTI programs.
(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Comptroller 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 study.
SEC. 604. FRONTLINE MANAGER STAFFING.

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(a) STUDY.—Not later than 45 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration shall commission an independent study on frontline manager
staffing requirements in air traffic control facilities.
(b) CONSIDERATIONS.—In conducting the study, the Administrator may take into consideration—
(1) the managerial tasks expected to be performed by frontline managers, including employee development, management,
and counseling;
(2) the number of supervisory positions of operation
requiring watch coverage in each air traffic control facility;
(3) coverage requirements in relation to traffic demand;
(4) facility type;
(5) complexity of traffic and managerial responsibilities;
(6) proficiency and training requirements; and
(7) such other factors as the Administrator considers appropriate.
(c) PARTICIPATION.—The Administrator shall ensure the participation of frontline managers who currently work in safety-related
operational areas of the Administration.
(d) DETERMINATIONS.—The Administrator shall transmit any
determinations made as a result of the study to the heads of
the appropriate lines of business within the Administration,
including the Chief Operating Officer of the Air Traffic Organization.
(e) REPORT.—Not later than 9 months after the date of enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 113

Representatives a report on the results of the study and a description of any determinations submitted to the Chief Operating Officer
under subsection (d).
(f) DEFINITION.—In this section, the term ‘‘frontline manager’’
means first-level, operational supervisors and managers who work
in safety-related operational areas of the Administration.
SEC. 605. FAA TECHNICAL TRAINING AND STAFFING.

(a) STUDY.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall conduct a study to assess the adequacy of the Administrator’s technical training strategy and
improvement plan for airway transportation systems specialists
(in this section referred to as ‘‘FAA systems specialists’’).
(2) CONTENTS.—The study shall include—
(A) a review of the current technical training strategy
and improvement plan for FAA systems specialists;
(B) recommendations to improve the technical training
strategy and improvement plan needed by FAA systems
specialists to be proficient in the maintenance of the latest
technologies;
(C) a description of actions that the Administration
has undertaken to ensure that FAA systems specialists
receive up-to-date training on the latest technologies; and
(D) a recommendation regarding the most cost-effective
approach to provide training to FAA systems specialists.
(3) REPORT.—Not later than 1 year 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.
(b) WORKLOAD OF SYSTEMS SPECIALISTS.—
(1) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later
than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
make appropriate arrangements for the National Academy of
Sciences to conduct a study of the assumptions and methods
used by the Federal Aviation Administration to estimate
staffing needs for FAA systems specialists to ensure proper
maintenance and certification of the national airspace system.
(2) CONSULTATION.—In conducting the study, the National
Academy of Sciences shall—
(A) consult with the exclusive bargaining representative certified under section 7111 of title 5, United States
Code; and
(B) include recommendations for objective staffing
standards that maintain the safety of the national airspace
system.
(3) REPORT.—Not later than 1 year after the initiation
of the arrangements under paragraph (1), the National
Academy of Sciences shall submit to Congress a report on
the results of the study.
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SEC. 606. SAFETY CRITICAL STAFFING.

(a) IN GENERAL.—Not later than October 1, 2012, the Administrator of the Federal Aviation Administration shall implement, in
as cost-effective a manner as possible, the staffing model for aviation

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safety inspectors developed pursuant to the National Academy of
Sciences study entitled ‘‘Staffing Standards for Aviation Safety
Inspectors’’. In doing so, the Administrator shall consult with
interested persons, including the exclusive bargaining representative for aviation safety inspectors certified under section 7111 of
title 5, United States Code.
(b) REPORT.—Not later than January 1 of each year beginning
after September 30, 2012, 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, the staffing model described in subsection (a).

Consultation.

SEC.

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607.

AIR TRAFFIC
TRAINING.

CONTROL

SPECIALIST

QUALIFICATION

Section 44506 is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION
TRAINING.—
‘‘(1) APPOINTMENT OF AIR TRAFFIC CONTROL SPECIALISTS.—
The Administrator is authorized to appoint a qualified air traffic
control specialist candidate for placement in an airport traffic
control facility if the candidate has—
‘‘(A) received a control tower operator certification
(referred to in this subsection as a ‘CTO’ certificate); and
‘‘(B) satisfied all other applicable qualification requirements for an air traffic control specialist position, including
successful completion of orientation training at the Federal
Aviation Administration Academy.
‘‘(2) COMPENSATION AND BENEFITS.—An individual
appointed under paragraph (1) shall receive the same compensation and benefits, and be treated in the same manner
as, any other individual appointed as a developmental air traffic
controller.
‘‘(3) REPORT.—Not later than 2 years after the date of
enactment of the FAA Modernization and Reform Act of 2012,
the Administrator shall submit to Congress a report that evaluates the effectiveness of the air traffic control specialist qualification training provided pursuant to this section, including
the graduation rates of candidates who received a CTO certificate and are working in airport traffic control facilities.
‘‘(4) ADDITIONAL APPOINTMENTS.—If the Administrator
determines that air traffic control specialists appointed pursuant to this subsection are more successful in carrying out
the duties of an air traffic controller than air traffic control
specialists hired from the general public without any such
certification, the Administrator shall increase, to the maximum
extent practicable, the number of appointments of candidates
who possess such certification.
‘‘(5) REIMBURSEMENT FOR TRAVEL EXPENSES ASSOCIATED
WITH CERTIFICATIONS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Administrator may accept reimbursement from an educational entity that provides training to an air traffic control specialist candidate to cover reasonable travel expenses

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of the Administrator associated with issuing certifications
to such candidates.
‘‘(B) TREATMENT OF REIMBURSEMENTS.—Notwithstanding section 3302 of title 31, any reimbursement
authorized to be collected under subparagraph (A) shall—
‘‘(i) be credited as offsetting collections to the
account that finances the activities and services for
which the reimbursement is accepted;
‘‘(ii) be available for expenditure only to pay the
costs of activities and services for which the reimbursement is accepted, including all costs associated with
collecting such reimbursement; and
‘‘(iii) remain available until expended.’’.
SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.

(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.—Not later than
90 days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall enter into appropriate
arrangements with the National Academy of Sciences to conduct
a study of the air traffic controller standards used by the Federal
Aviation Administration (in this section referred to as the ‘‘FAA’’)
to estimate staffing needs for FAA air traffic controllers to ensure
the safe operation of the national airspace system in the most
cost effective manner.
(b) CONSULTATION.—In conducting the study, the National
Academy of Sciences shall consult with the exclusive bargaining
representative of employees of the FAA certified under section
7111 of title 5, United States Code, and other interested parties,
including Government and industry representatives.
(c) CONTENTS.—The study shall include—
(1) an examination of representative information on productivity, human factors, traffic activity, and improved technology
and equipment used in air traffic control;
(2) an examination of recent National Academy of Sciences
reviews of the complexity model performed by MITRE Corporation that support the staffing standards models for the en
route air traffic control environment; and
(3) consideration of the Administration’s current and estimated budgets and the most cost-effective staffing model to
best leverage available funding.
(d) REPORT.—Not later than 2 years after the date of enactment
of this Act, the National Academy of Sciences 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.

Deadline.

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SEC. 609. AIR TRAFFIC CONTROLLER TRAINING AND SCHEDULING.

(a) TRAINING STRATEGY AND IMPROVEMENT PLAN.—The
Administrator of the Federal Aviation Administration shall conduct
a study to assess the adequacy of training programs for air traffic
controllers, including the Administrator’s technical training strategy
and improvement plan for air traffic controllers.
(1) CONTENTS.—The study shall include—
(A) a review of the current training system for air
traffic controllers, including the technical training strategy
and improvement plan;

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Deadline.
Review.
Evaluation.
49 USC 44506
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Standards.

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(B) an analysis of the competencies required of air
traffic controllers for successful performance in the current
and future projected air traffic control environment;
(C) an analysis of the competencies projected to be
required of air traffic controllers as the Federal Aviation
Administration transitions to the Next Generation Air
Transportation System;
(D) an analysis of various training approaches available to satisfy the air traffic controller competencies identified under subparagraphs (B) and (C);
(E) recommendations to improve the current training
system for air traffic controllers, including the technical
training strategy and improvement plan; and
(F) the most cost-effective approach to provide training
to air traffic controllers.
(2) 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.
(b) FACILITY TRAINING PROGRAM.—Not later than 1 year after
the date of enactment of this Act, the Administrator shall conduct
a comprehensive review and evaluation of its Academy and facility
training efforts. The Administrator shall—
(1) clarify responsibility for oversight and direction of the
Academy’s facility training program at the national level;
(2) communicate information concerning that responsibility
to facility managers; and
(3) establish standards to identify the number of developmental air traffic controllers that can be accommodated at
each facility, based on—
(A) the number of available on-the-job training instructors;
(B) available classroom space;
(C) the number of available simulators;
(D) training requirements; and
(E) the number of recently placed new personnel
already in training.
(c) AIR TRAFFIC CONTROLLER SCHEDULING.—Not later than 60
days after the date of enactment of this Act, the Inspector General
of the Department of Transportation shall conduct an assessment
of the Federal Aviation Administration’s air traffic controller scheduling practices.
(1) CONTENTS.—The assessment shall include, at a minimum—
(A) an analysis of how air traffic controller schedules
are determined;
(B) an evaluation of how safety is taken into consideration when schedules are being developed and adopted;
(C) an evaluation of scheduling practices that are cost
effective to the Government;
(D) an examination of how scheduling practices impact
air traffic controller performance; and
(E) any recommendations the Inspector General may
have related to air traffic controller scheduling practices.

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(2) REPORT.—Not later than 120 days 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 assessment conducted under this subsection.
SEC. 610. FAA FACILITY CONDITIONS.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study of and review—
(1) the conditions of a sampling of Federal Aviation
Administration facilities across the United States, including
offices, towers, centers, and terminal radar air control;
(2) reports from employees of the Administration relating
to respiratory ailments and other health conditions resulting
from exposure to mold, asbestos, poor air quality, radiation,
and facility-related hazards in facilities of the Administration;
(3) conditions of such facilities that could interfere with
such employees’ ability to effectively and safely perform their
duties;
(4) the ability of managers and supervisors of such
employees to promptly document and seek remediation for
unsafe facility conditions;
(5) whether employees of the Administration who report
facility-related illnesses are treated appropriately;
(6) utilization of scientifically approved remediation techniques to mitigate hazardous conditions in accordance with
applicable State and local regulations and Occupational Safety
and Health Administration practices by the Administration;
and
(7) resources allocated to facility maintenance and renovation by the Administration.
(b) FACILITY CONDITION INDICES.—The Comptroller General
shall review the facility condition indices of the Administration
for inclusion in the recommendations under subsection (c).
(c) RECOMMENDATIONS.—Based on the results of the study and
review of facility condition indices under subsection (a), the Comptroller General shall make such recommendations as the Comptroller General considers necessary—
(1) to prioritize those facilities needing the most immediate
attention based on risks to employee health and safety;
(2) to ensure that the Administration is using scientifically
approved remediation techniques in all facilities; and
(3) to assist the Administration in making programmatic
changes so that aging facilities do not deteriorate to unsafe
levels.
(d) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Administrator, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on results of the
study, including the recommendations under subsection (c).

Review.

Review.

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SEC. 611. TECHNICAL CORRECTION.

Section 40122(g)(3) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of law, retroactive
to April 1, 1996, the Board shall have the same remedial authority
over such employee appeals that it had as of March 31, 1996.’’.

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126 STAT. 118

PUBLIC LAW 112–95—FEB. 14, 2012

TITLE VII—AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
Extension dates.

Section 44302(f)(1) is amended by striking ‘‘shall extend
through’’ and all that follows through ‘‘the termination date’’ and
inserting ‘‘shall extend through September 30, 2013, and may
extend through December 31, 2013, the termination date’’.
SEC.

702.

EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY
LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS OF
TERRORISM.

The first sentence of section 44303(b) is amended by striking
‘‘ending on’’ and all that follows through ‘‘the Secretary may certify’’
and inserting ‘‘ending on December 31, 2013, the Secretary may
certify’’.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

The second sentence of section 44304 is amended by striking
‘‘the carrier’’ and inserting ‘‘any insurance carrier’’.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

The second sentence of section 44308(c)(1) is amended by
striking ‘‘agent’’ and inserting ‘‘agent, or a claims adjuster who
is independent of the underwriting agent,’’.

TITLE VIII—MISCELLANEOUS
SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST
OF NATIONAL SECURITY.

Section 40119(b) is amended by adding at the end the following:
‘‘(4) Section 552a of title 5 shall not apply to disclosures that
the Administrator may make from the systems of records of the
Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to
assist the official receiving the information in the performance
of official duties.’’.
SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD
CHECKS.

(a) IN GENERAL.—Chapter 401 is amended by adding at the
end the following:

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49 USC 40130.

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‘‘§ 40130. FAA authority to conduct criminal history record
checks
‘‘(a) CRIMINAL HISTORY BACKGROUND CHECKS.—
‘‘(1) ACCESS TO INFORMATION.—The Administrator of the
Federal Aviation Administration, for certification purposes of
the Administration only, is authorized—
‘‘(A) to conduct, in accordance with the established
request process, a criminal history background check of
an airman in the criminal repositories of the Federal
Bureau of Investigation and States by submitting positive
identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime
Prevention and Privacy Compact Act of 1998 (42 U.S.C.
14616); and

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PUBLIC LAW 112–95—FEB. 14, 2012

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‘‘(B) to receive relevant criminal history record information regarding the airman checked.
‘‘(2) RELEASE OF INFORMATION.—In accessing a repository
referred to in paragraph (1), the Administrator shall be subject
to the conditions and procedures established by the Department
of Justice or the State, as appropriate, for other governmental
agencies conducting background checks for noncriminal justice
purposes.
‘‘(3) LIMITATION.—The Administrator may not use the
authority under paragraph (1) to conduct criminal investigations.
‘‘(4) REIMBURSEMENT.—The Administrator may collect
reimbursement to process the fingerprint-based checks under
this subsection, to be used for expenses incurred, including
Federal Bureau of Investigation fees, in providing these services.
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator shall designate, by order, employees of the Administration who may carry
out the authority described in subsection (a).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 401 is
amended by adding at the end the following:
‘‘40130. FAA authority to conduct criminal history record checks.’’.
SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.

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Section 46301 of title 49, United States Code, is amended—
(1) in subsection (a)(1)(A) by inserting ‘‘chapter 451,’’ before
‘‘section 47107(b)’’;
(2) in subsection (a)(5)(A)(i)—
(A) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter
449’’; and
(B) by inserting after ‘‘44909)’’ the following: ‘‘, or
chapter 451’’;
(3) in subsection (d)(2)—
(A) in the first sentence—
(i) by striking ‘‘44723) or’’ and inserting the following: ‘‘44723), chapter 451,’’;
(ii) by striking ‘‘46302’’ and inserting ‘‘section
46302’’; and
(iii) by striking ‘‘46318, or 47107(b)’’ and inserting
‘‘section 46318, section 46319, or section 47107(b)’’; and
(B) in the second sentence—
(i) by striking ‘‘46302’’ and inserting ‘‘section
46302’’;
(ii) by striking ‘‘46303,’’ and inserting ‘‘or section
46303 of this title’’; and
(iii) by striking ‘‘such chapter 449’’ and inserting
‘‘any of those provisions’’; and
(4) in subsection (f)(1)(A)(i)—
(A) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter
449’’; and
(B) by inserting after ‘‘44909)’’ the following: ‘‘, or
chapter 451’’.
SEC. 804. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.

(a) NATIONAL FACILITIES REALIGNMENT
REPORT.—

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126 STAT. 120

Federal Register,
publication.

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Records.

Time periods.

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PUBLIC LAW 112–95—FEB. 14, 2012

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as
the National Facilities Realignment and Consolidation Report,
in accordance with the requirements of this subsection.
(2) PURPOSE.—The purpose of the report shall be—
(A) to support the transition to the Next Generation
Air Transportation System; and
(B) to reduce capital, operating, maintenance, and
administrative costs of the FAA where such cost reductions
can be implemented without adversely affecting safety.
(3) CONTENTS.—The report shall include—
(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including
regional offices) of the FAA; and
(B) for each of the recommendations, a description
of—
(i) the Administrator’s justification;
(ii) the projected costs and savings; and
(iii) the proposed timing for implementation.
(4) INPUT.—The report shall be developed by the Administrator (or the Administrator’s designee)—
(A) in coordination with the Chief NextGen Officer
and the Chief Operating Officer of the Air Traffic Organization of the FAA; and
(B) with the participation of—
(i) representatives of labor organizations representing operations and maintenance employees of
the air traffic control system; and
(ii) industry stakeholders.
(5) SUBMISSION TO CONGRESS.—Not later than 120 days
after the date of enactment of this Act, the Administrator
shall submit the report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(6) PUBLIC NOTICE AND COMMENT.—The Administrator shall
publish the report in the Federal Register and allow 45 days
for the submission of public comments.
(b) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF
ADMINISTRATOR.—Not later than 60 days after the last day of
the period for public comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—
(1) a report containing the recommendations of the
Administrator on realignment and consolidation of services and
facilities (including regional offices) of the FAA; and
(2) copies of any public comments received by the Administrator under subsection (a)(6).
(c) REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND
FACILITIES.—Except as provided in subsection (d), the Administrator
shall realign and consolidate the services and facilities of the FAA
in accordance with the recommendations included in the report
submitted under subsection (b).
(d) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Administrator may not carry out
a recommendation for realignment or consolidation of services
or facilities of the FAA that is included in the report submitted
under subsection (b) if a joint resolution of disapproval is

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PUBLIC LAW 112–95—FEB. 14, 2012

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enacted disapproving such recommendation before the earlier
of—
(A) the last day of the 30-day period beginning on
the date of submission of the report; or
(B) the adjournment of Congress sine die for the session
during which the report is transmitted.
(2) COMPUTATION OF 30-DAY PERIOD.—For purposes of paragraph (1)(A), the days on which either House of Congress is
not in session because of an adjournment of more than 3
days to a day certain shall be excluded in computation of
the 30-day period.
(e) DEFINITIONS.—In this section, the following definitions
apply:
(1) FAA.—The term ‘‘FAA’’ means the Federal Aviation
Administration.
(2) REALIGNMENT; CONSOLIDATION.—
(A) IN GENERAL.—The terms ‘‘realignment’’ and
‘‘consolidation’’ include any action that—
(i) relocates functions, services, or personnel positions;
(ii) discontinues or severs existing facility functions
or services; or
(iii) combines the results described in clauses (i)
and (ii).
(B) EXCLUSION.—The terms do not include a reduction
in personnel resulting from workload adjustments.

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SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.

(a) STUDY.—Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration, in consultation with appropriate air carriers, aircraft manufacturers, and air carrier labor representatives, shall conduct a study
to assess the feasibility of developing a physical means, or a combination of physical and procedural means, to prohibit individuals
other than authorized flight crewmembers from accessing the flight
deck of an all-cargo aircraft.
(b) REPORT.—Not later than 1 year 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.

Deadline.

SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR OTHERWISE UNNECESSARY REPORTS; USE OF
ELECTRONIC MEDIA FORMAT.

49 USC 40114
note.

(a) CONSOLIDATION OR ELIMINATION OF REPORTS.—Not later
than 2 years after the date of enactment of this Act, and every
2 years thereafter, the Administrator of the Federal Aviation
Administration shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report containing—
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to
Congress or publish that the Administrator recommends eliminating or consolidating with other reports; and

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126 STAT. 122

PUBLIC LAW 112–95—FEB. 14, 2012
(2) an estimate of the cost savings that would result from
the elimination or consolidation of those reports.
(b) USE OF ELECTRONIC MEDIA FOR REPORTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Administration—
(A) may not publish any report required or authorized
by law in a printed format; and
(B) shall publish any such report by posting it on
the Administration’s Internet Web site in an easily accessible and downloadable electronic format.
(2) EXCEPTION.—Paragraph (1) does not apply to any report
with respect to which the Administrator determines that—
(A) its publication in a printed format is essential
to the mission of the Administration; or
(B) its publication in accordance with the requirements
of paragraph (1) would disclose matter—
(i) described in section 552(b) of title 5, United
States Code; or
(ii) the disclosure of which would have an adverse
impact on aviation safety or security, as determined
by the Administrator.

Determination.

SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.

The Secretary of Transportation may not use any funds made
available pursuant to this Act (including any amendment made
by this Act) to name, rename, designate, or redesignate any project
or program authorized by this Act (including any amendment made
by this Act) for an individual then serving in Congress as a Member,
Delegate, Resident Commissioner, or Senator.
SEC. 808. STUDY ON AVIATION FUEL PRICES.
Deadline.
Reports.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and report to Congress on the impact of
increases in aviation fuel prices on the Airport and Airway Trust
Fund and the aviation industry in general.
(b) CONTENTS.—The study shall include an assessment of the
impact of increases in aviation fuel prices on—
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including repair and
maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(c) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.—In conducting
the study required by subsection (a), the Comptroller General shall
use the average aviation fuel price for fiscal year 2010 as a baseline
and measure the impact of increases in aviation fuel prices that
range from 5 percent to 200 percent over the 2010 baseline.

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SEC. 809. WIND TURBINE LIGHTING.

(a) STUDY.—The Administrator of the Federal Aviation
Administration shall conduct a study on wind turbine lighting systems.
(b) CONTENTS.—In conducting the study, the Administrator
shall examine the following:

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(1) The aviation safety issues associated with alternative
lighting strategies, technologies, and regulations.
(2) The feasibility of implementing alternative lighting
strategies or technologies to improve aviation safety.
(3) Any other issue relating to wind turbine lighting.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit to Congress a report
on the results of the study, including information and recommendations concerning the issues examined under subsection (b).
SEC. 810. AIR-RAIL CODE SHARING STUDY.

(a) CODE SHARE STUDY.—Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the
United States shall initiate a study regarding—
(1) existing airline and intercity passenger rail code sharing
arrangements; and
(2) the feasibility, costs to taxpayers and other parties,
and benefits of increasing the intermodal connectivity of airline
and intercity passenger rail facilities and systems to improve
passenger travel.
(b) CONSIDERATIONS.—In conducting the study, the Comptroller
General shall consider—
(1) the potential costs to taxpayers and other parties and
benefits of the implementation of more integrated scheduling
between airlines and Amtrak or other intercity passenger rail
carriers achieved through code sharing arrangements;
(2) airport and intercity passenger rail operations that
can improve connectivity between airports and intercity passenger rail facilities and stations;
(3) the experience of other countries with respect to airport
and intercity passenger rail connectivity; and
(4) such other issues the Comptroller General considers
appropriate.
(c) REPORT.—Not later than 1 year after initiating the study
required by subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study, including any conclusions of the Comptroller General
resulting from the study.

Deadline.

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SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.

(a) SUBMISSION OF PLAN TO CONGRESS.—Not later than 180
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration, in consultation with the
Secretary of Homeland Security and the Secretary of Defense, shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan for the D.C. Metropolitan
Area Special Flight Rules Area.
(b) CONTENTS OF PLAN.—The plan shall outline specific changes
to the D.C. Metropolitan Area Special Flight Rules Area that will
decrease operational impacts and improve general aviation access
to airports in the National Capital Region that are currently
impacted by the zone.

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126 STAT. 124
49 USC 106 note.

SEC. 812. FAA REVIEW AND REFORM.

Deadline.

(a) AGENCY REVIEW.—Not later than 60 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall undertake a thorough review of each program,
office, and organization within the Administration, including the
Air Traffic Organization, to identify—
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(b) ACTIONS TO STREAMLINE AND REFORM FAA.—Not later than
120 days after the date of enactment of this Act, the Administrator
shall undertake such actions as may be necessary to address the
Administrator’s findings under subsection (a), including—
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated policies.
(c) AUTHORITY.—Notwithstanding any other provision of law,
the Administrator shall have the authority to undertake the actions
required under subsection (b).
(d) REPORT TO CONGRESS.—Not later than 150 days after the
date of enactment of this Act, the Administrator shall submit to
Congress a report on the actions taken by the Administrator under
this section, including any recommendations for legislative or
administrative actions.

Deadline.

49 USC 47133
note.

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Contracts.
Time periods.

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SEC. 813. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

(a) IN GENERAL.—Notwithstanding any other provision of law,
the Administrator of the Federal Aviation Administration may
declare certain revenue derived from or generated by mineral
extraction, production, lease, or other means at a general aviation
airport to be revenue greater than the amount needed to carry
out the 5-year projected maintenance needs of the airport in order
to comply with the applicable design and safety standards of the
Administration.
(b) USE OF REVENUE.—An airport sponsor that is in compliance
with the conditions under subsection (c) may allocate revenue identified by the Administrator under subsection (a) for Federal, State,
or local transportation infrastructure projects carried out by the
airport sponsor or by a governing body within the geographical
limits of the airport sponsor’s jurisdiction.
(c) CONDITIONS.—An airport sponsor may not allocate revenue
identified by the Administrator under subsection (a) unless the
airport sponsor—
(1) enters into a written agreement with the Administrator
that sets forth a 5-year capital improvement program for the
airport, which—
(A) includes the projected costs for the operation,
maintenance, and capacity needs of the airport in order

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PUBLIC LAW 112–95—FEB. 14, 2012

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to comply with applicable design and safety standards of
the Administration; and
(B) appropriately adjusts such costs to account for inflation;
(2) agrees in writing—
(A) to waive all rights to receive entitlement funds
or discretionary funds to be used at the airport under
section 47114 or 47115 of title 49, United States Code,
during the 5-year period of the capital improvement plan
described in paragraph (1);
(B) to perpetually comply with sections 47107(b) and
47133 of such title, unless granted specific exceptions by
the Administrator in accordance with this section; and
(C) to operate the airport as a public-use airport, unless
the Administrator specifically grants a request to allow
the airport to close; and
(3) complies with all grant assurance obligations in effect
as of the date of the enactment of this Act during the 20year period beginning on the date of enactment of this Act.
(d) COMPLETION OF DETERMINATION.—Not later than 90 days
after receiving an airport sponsor’s application and requisite supporting documentation to declare that certain mineral revenue is
not needed to carry out the 5-year capital improvement program
at such airport, the Administrator shall determine whether the
airport sponsor’s request should be granted. The Administrator
may not unreasonably deny an application under this subsection.
(e) RULEMAKING.—Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate regulations to carry out this section.
(f) GENERAL AVIATION AIRPORT DEFINED.—In this section, the
term ‘‘general aviation airport’’ has the meaning given that term
in section 47102 of title 49, United States Code, as amended by
this Act.
SEC. 814. CONTRACTING.

When drafting contract proposals for training facilities under
the general contracting authority of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration
shall ensure—
(1) the proposal is drafted so that all parties can fairly
compete; and
(2) the proposal takes into consideration the most costeffective location, accessibility, and services options.

Waiver.

Deadline.
Time period.

Deadline.

49 USC 40110
note.

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SEC. 815. FLOOD PLANNING.

(a) STUDY.—The Administrator of the Federal Aviation
Administration, in consultation with the Administrator of the Federal Emergency Management Agency, shall conduct a review and
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of
preparedness and response capability for airports located in flood
plains to respond to and seek assistance in rebuilding after catastrophic flooding.
(b) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROPERTIES.—Section 1366(e) of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c(e)) is amended by adding at the end the
following:

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Reports.

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PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(6) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROPERTIES.—The Director shall consider as an eligible activity the
demolition and rebuilding of properties to at least base flood
levels or higher, if required by the Director or if required
by any State or local ordinance, and in accordance with project
implementation criteria established by the Director.’’.

49 USC 44704
note.

SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS.

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Deadline.

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(a) PRESERVATION OF DOCUMENTS.—
(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines necessary to preserve original aircraft type
certificate engineering and technical data in the possession
of the Federal Aviation Administration related to—
(A) approved aircraft type certificate numbers ATC
1 through ATC 713; and
(B) Group-2 approved aircraft type certificate numbers
2–1 through 2–544.
(2) REVISION OF ORDER.—Not later than 3 years after the
date of enactment of this Act, the Administrator shall revise
FAA Order 1350.15C, Item Number 8110. Such revision shall
prohibit the destruction of the historical aircraft documents
identified in paragraph (1).
(3) CONSULTATION.—The Administrator may carry out
paragraph (1) in consultation with the Archivist of the United
States and the Administrator of General Services.
(b) AVAILABILITY OF DOCUMENTS.—
(1) FREEDOM OF INFORMATION ACT REQUESTS.—The
Administrator shall make the documents to be preserved under
subsection (a)(1) available to a person—
(A) upon receipt of a request made by the person
pursuant to section 552 of title 5, United States Code;
and
(B) subject to a prohibition on use of the documents
for commercial purposes.
(2) TRADE SECRETS, COMMERCIAL, AND FINANCIAL INFORMATION.—Section 552(b)(4) of such title shall not apply to requests
for documents to be made available pursuant to paragraph
(1).
(c) HOLDER OF TYPE CERTIFICATE.—
(1) RIGHTS OF HOLDER.—Nothing in this section shall affect
the rights of a holder or owner of a type certificate identified
in subsection (a)(1), nor require the holder or owner to provide,
surrender, or preserve any original or duplicate engineering
or technical data to or for the Federal Aviation Administration,
a person, or the public.
(2) LIABILITY.—There shall be no liability on the part of,
and no cause of action of any nature shall arise against, a
holder of a type certificate, its authorized representative, its
agents, or its employees, or any firm, person, corporation, or
insurer related to the type certificate data and documents
identified in subsection (a)(1).
(3) AIRWORTHINESS.—Notwithstanding any other provision
of law, the holder of a type certificate identified in subsection
(a)(1) shall only be responsible for Federal Aviation Administration regulation requirements related to type certificate data
and documents identified in subsection (a)(1) for aircraft having

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a standard airworthiness certificate issued prior to the date
the documents are released to a person by the Federal Aviation
Administration under subsection (b)(1).
SEC. 817. RELEASE FROM RESTRICTIONS.

(a) IN GENERAL.—Subject to subsection (b), the Secretary of
Transportation is authorized to grant to an airport, city, or county
a release from any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed
to the airport, city, or county an interest in real property for
airport purposes pursuant to section 16 of the Federal Airport
Act (60 Stat. 179) or section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232).
(b) CONDITION.—Any release granted by the Secretary pursuant
to subsection (a) shall be subject to the following conditions:
(1) The applicable airport, city, or county shall agree that
in conveying any interest in the real property which the United
States conveyed to the airport, city, or county, the airport,
city, or county will receive consideration for such interest that
is equal to its fair market value.
(2) Any consideration received by the airport, city, or county
under paragraph (1) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.
(3) Any other conditions required by the Secretary.

49 USC 47125
note.

SEC. 818. SENSE OF CONGRESS.

It is the sense of Congress that Los Angeles World Airports,
the operator of Los Angeles International Airport (LAX)—
(1) should consult on a regular basis with representatives
of the community surrounding the airport regarding—
(A) the ongoing operations of LAX; and
(B) plans to expand, modify, or realign LAX facilities;
and
(2) should include in such consultations any organization,
the membership of which includes at least 100 individuals
who reside within 10 miles of the airport, that notifies Los
Angeles World Airports of its desire to be included in such
consultations.
SEC. 819. HUMAN INTERVENTION MOTIVATION STUDY.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
develop a Human Intervention Motivation Study program for cabin
crew members employed by commercial air carriers in the United
States.

49 USC 45105
note.
Deadline.

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SEC. 820. STUDY OF AERONAUTICAL MOBILE TELEMETRY.

Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration, in
consultation with other Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology and the
Committee on Energy and Commerce of the House of Representatives a report that identifies—
(1) the current and anticipated, with respect to the next
decade, need by civil aviation, including equipment manufacturers, for aeronautical mobile telemetry services; and

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PUBLIC LAW 112–95—FEB. 14, 2012
(2) the potential impact to the aerospace industry of the
introduction of a new radio service that operates in the same
spectrum allocated to the aeronautical mobile telemetry service.

49 USC 40101
note.

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821.

CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER
PILOTS OPERATING CHARITABLE MEDICAL FLIGHTS.

(a) REIMBURSEMENT OF FUEL COSTS.—Notwithstanding any
other law or regulation, in administering section 61.113(c) of title
14, Code of Federal Regulations (or any successor regulation), the
Administrator of the Federal Aviation Administration shall allow
an aircraft owner or operator to accept reimbursement from a
volunteer pilot organization for the fuel costs associated with a
flight operation to provide transportation for an individual or organ
for medical purposes (and for other associated individuals), if the
aircraft owner or operator has—
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight operation
is for charitable purposes and is not subject to the same requirements as a commercial flight.
(b) CONDITIONS TO ENSURE SAFETY.—The Administrator may
impose minimum standards with respect to training and flight
hours for single-engine, multi-engine, and turbine-engine operations
conducted by an aircraft owner or operator that is being reimbursed
for fuel costs by a volunteer pilot organization, including mandating
that the pilot in command of such aircraft hold an instrument
rating and be current and qualified for the aircraft being flown
to ensure the safety of flight operations described in subsection
(a).
(c) VOLUNTEER PILOT ORGANIZATION.—In this section, the term
‘‘volunteer pilot organization’’ means an organization that—
(1) is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a)
of such Code; and
(2) is organized for the primary purpose of providing,
arranging, or otherwise fostering charitable medical transportation.

Definition.

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SEC.

49 USC 47141
note.

SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

Deadline.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a pilot program under which operators of
up to 4 public-use airports may receive grants for activities related
to the redevelopment of airport properties in accordance with the
requirements of this section.
(b) GRANTS.—Under the pilot program, the Administrator may
make a grant in a fiscal year, from funds made available for
grants under section 47117(e)(1)(A) of title 49, United States Code,
to an airport operator for a project—
(1) to support joint planning, engineering, design, and
environmental permitting of projects, including the assembly
and redevelopment of property purchased with noise mitigation
funds made available under section 48103 of such title or
passenger facility revenue collected under section 40117 of such
title; and

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 129

(2) to encourage airport-compatible land uses and generate
economic benefits to the local airport authority and adjacent
community.
(c) ELIGIBILITY.—An airport operator shall be eligible to participate in the pilot program if—
(1) the operator has received approval for a noise compatibility program under section 47504 of such title; and
(2) the operator demonstrates, as determined by the
Administrator—
(A) a readiness to implement cooperative land use
management and redevelopment plans with neighboring
local jurisdictions; and
(B) the probability of a clear economic benefit to neighboring local jurisdictions and financial return to the airport
through the implementation of those plans.
(d) DISTRIBUTION.—The Administrator shall seek to award
grants under the pilot program to airport operators representing
different geographic areas of the United States.
(e) PARTNERSHIP WITH NEIGHBORING LOCAL JURISDICTIONS.—
An airport operator shall use grant funds made available under
the pilot program only in partnership with neighboring local jurisdictions.
(f) GRANT REQUIREMENTS.—The Administrator may not make
a grant to an airport operator under the pilot program unless
the grant is—
(1) made to enable the airport operator and local jurisdictions undertaking community redevelopment efforts to expedite
those efforts;
(2) subject to a requirement that the local jurisdiction
governing the property interests subject to the redevelopment
efforts has adopted and will continue in effect zoning regulations that permit airport-compatible redevelopment; and
(3) subject to a requirement that, in determining the part
of the proceeds from disposing of land that is subject to repayment and reinvestment requirements under section
47107(c)(2)(A) of such title, the total amount of a grant issued
under the pilot program that is attributable to the redevelopment of such land shall be added to other amounts that must
be repaid or reinvested under that section upon disposal of
such land by the airport operator.
(g) EXCEPTIONS TO REPAYMENT AND REINVESTMENT REQUIREMENTS.—Amounts paid to the Secretary of Transportation under
subsection (f)(3)—
(1) shall be available to the Secretary for, giving preference
to the actions in descending order—
(A) reinvestment in an approved noise compatibility
project at the applicable airport;
(B) reinvestment in another approved project at the
airport that is eligible for funding under section 47117(e)
of such title;
(C) reinvestment in an approved airport development
project at the airport that is eligible for funding under
section 47114, 47115, or 47117 of such title;
(D) transfer to an operator of another public airport
to be reinvested in an approved noise compatibility project
at such airport; and

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(E) deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502);
(2) shall be available in addition to amounts authorized
under section 48103 of such title;
(3) shall not be subject to any limitation on grant obligations for any fiscal year; and
(4) shall remain available until expended.
(h) FEDERAL SHARE.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Federal share of the allowable costs of a project carried
out under the pilot program shall be 80 percent.
(2) ALLOWABLE COSTS.—In determining the allowable costs,
the Administrator shall deduct from the total costs of the
activities described in subsection (b) that portion of the costs
which is equal to that portion of the total property to be
redeveloped under this section that is not owned or to be
acquired by the airport operator pursuant to the noise compatibility program or that is not owned by the affected neighboring
local jurisdictions or other public entities.
(i) MAXIMUM AMOUNT.—Not more than $5,000,000 of the funds
made available for grants under section 47117(e)(1)(A) of such title
may be expended under the pilot program for any single publicuse airport.
(j) USE OF PASSENGER REVENUE.—An airport operator participating in the pilot program may use passenger facility revenue
collected under section 40117 of such title to pay any project cost
described in subsection (b) that is not financed by a grant under
the pilot program.
(k) SUNSET.—This section shall not be in effect after September
30, 2015.
SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC
CONTROL FACILITIES.

Time period.

Under previous agreements, the Federal Aviation Administration negotiated staffing levels at the air traffic control facilities
in the Newark and New York City areas. Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the Federal Aviation Administration’s
staffing and scheduling plans for air traffic control facilities in
the New York City and Newark Region for the 1-year period beginning on such date of enactment.
SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING
GASES.

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Alaska.

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(a) IN GENERAL.—Subject to subsections (b) and (c), entities
transporting, in the State of Alaska, cylinders of compressed oxygen
or other oxidizing gases aboard aircraft shall be exempt from compliance with the regulations described in subsection (d), to the extent
that the regulations require that oxidizing gases transported aboard
aircraft be enclosed in outer packaging capable of passing the
flame penetration resistance test and the thermal resistance test,
without regard to the end use of the cylinders.
(b) APPLICABILITY OF EXEMPTION.—The exemption provided
under subsection (a) shall apply only if—

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PUBLIC LAW 112–95—FEB. 14, 2012

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(1) transportation of the cylinders by a ground-based or
water-based mode of transportation is unavailable and
transportation by aircraft is the only practical means for transporting the cylinders to their destination;
(2) each cylinder is fully covered with a fire- or flameresistant blanket that is secured in place; and
(3) the operator of the aircraft complies with the applicable
notification procedures under section 175.33 of title 49, Code
of Federal Regulations.
(c) AIRCRAFT RESTRICTION.—The exemption provided under subsection (a) shall apply only to the following types of aircraft:
(1) Cargo-only aircraft transporting the cylinders to a
delivery destination that receives cargo-only service at least
once a week.
(2) Passenger and cargo-only aircraft transporting the cylinders to a delivery destination that does not receive cargoonly service at least once a week.
(d) DESCRIPTION OF REGULATORY REQUIREMENTS.—The regulations described in this subsection are the regulations of the Pipeline
and Hazardous Materials Safety Administration contained in sections 173.302(f)(3), 173.302(f)(4), 173.302(f)(5), 173.304(f)(3),
173.304(f)(4), and 173.304(f)(5) of title 49, Code of Federal Regulations.

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SEC. 825. ORPHAN AVIATION EARMARKS.

49 USC 106 note.

(a) EARMARK DEFINED.—In this section, the term ‘‘earmark’’
means a statutory provision or report language included primarily
at the request of a Senator or a Member, Delegate, or Resident
Commissioner of the House of Representatives providing, authorizing, or recommending a specific amount of discretionary budget
authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, or other expenditure with or
to an entity or a specific State, locality, or Congressional district,
other than through a statutory or administrative formula-driven
or competitive award process.
(b) RESCISSION.—If any earmark relating to the Federal Aviation Administration has more than 90 percent of applicable appropriated amounts remaining available for obligation at the end of
the 9th fiscal year beginning after the fiscal year in which those
amounts were appropriated, the unobligated portion of those
amounts is rescinded effective at the end of that 9th fiscal year,
except that the Administrator of the Federal Aviation Administration may delay any such rescission if the Administrator determines
that an obligation with respect to those amounts is likely to occur
during the 12-month period beginning on the last day of that
9th fiscal year.
(c) IDENTIFICATION AND REPORT.—
(1) AGENCY IDENTIFICATION.—At the end of each fiscal year,
the Administrator shall identify and report to the Director
of the Office of Management and Budget every earmark related
to the Administration and with respect to which there is an
unobligated balance of appropriated amounts.
(2) ANNUAL REPORT.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Director
shall submit to Congress and make available to the public
on the Internet Web site of the Office a report that includes—

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Public
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Web posting.

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(A) a listing of each earmark related to the Administration and with respect to which there is an unobligated
balance of appropriated amounts, which shall include the
amount of the original earmark, the amount of the unobligated balance related to that earmark, and the date on
which the funding expires, if applicable;
(B) the number of rescissions under subsection (b) and
the savings resulting from those rescissions for the previous
fiscal year; and
(C) a listing of earmarks related to the Administration
with amounts scheduled for rescission at the end of the
current fiscal year.

SEC. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING
WITH ADVANCED IMAGING TECHNOLOGY.

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Determination.

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Section 44901 is amended by adding at the end the following:
‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY
FOR SCREENING PASSENGERS.—
‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) ADVANCED IMAGING TECHNOLOGY.—The term
‘advanced imaging technology’—
‘‘(i) means a device used in the screening of passengers that creates a visual image of an individual
showing the surface of the skin and revealing other
objects on the body; and
‘‘(ii) may include devices using backscatter x-rays
or millimeter waves and devices referred to as ‘wholebody imaging technology’ or ‘body scanning machines’.
‘‘(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means—
‘‘(i) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
‘‘(ii) the Committee on Homeland Security of the
House of Representatives.
‘‘(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The
term ‘automatic target recognition software’ means software installed on an advanced imaging technology that
produces a generic image of the individual being screened
that is the same as the images produced for all other
screened individuals.
‘‘(2) USE OF ADVANCED IMAGING TECHNOLOGY.—Beginning
June 1, 2012, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall ensure that any
advanced imaging technology used for the screening of passengers under this section—
‘‘(A) is equipped with and employs automatic target
recognition software; and
‘‘(B) complies with such other requirements as the
Assistant Secretary determines necessary to address privacy considerations.
‘‘(3) EXTENSION.—
‘‘(A) IN GENERAL.—The Assistant Secretary may extend
the deadline specified in paragraph (2), if the Assistant
Secretary determines that—

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‘‘(i) an advanced imaging technology equipped with
automatic target recognition software is not substantially as effective at screening passengers as an
advanced imaging technology without such software;
or
‘‘(ii) additional testing of such software is necessary.
‘‘(B) DURATION OF EXTENSIONS.—The Assistant Secretary may issue one or more extensions under subparagraph (A). The duration of each extension may not exceed
one year.
‘‘(4) REPORTS.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
deadline specified in paragraph (2), and not later than
60 days after the date on which the Assistant Secretary
issues any extension under paragraph (3), the Assistant
Secretary shall submit to the appropriate congressional
committees a report on the implementation of this subsection.
‘‘(B) ELEMENTS.—A report submitted under subparagraph (A) shall include the following:
‘‘(i) A description of all matters the Assistant Secretary considers relevant to the implementation of the
requirements of this subsection.
‘‘(ii) The status of compliance by the Transportation Security Administration with such requirements.
‘‘(iii) If the Administration is not in full compliance
with such requirements—
‘‘(I) the reasons for the noncompliance; and
‘‘(II) a timeline depicting when the Assistant
Secretary expects the Administration to achieve
full compliance.
‘‘(C) SECURITY CLASSIFICATION.—To the greatest extent
practicable, a report prepared under subparagraph (A) shall
be submitted in an unclassified format. If necessary, the
report may include a classified annex.’’.

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SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.

Section 50905(c)(3) of title 51, United States Code, is amended
by striking ‘‘Beginning 8 years after the date of enactment of
the Commercial Space Launch Amendments Act of 2004,’’ and
inserting ‘‘Beginning on October 1, 2015,’’.

Effective date.

SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.

49 USC 44701
note.

(a) IN GENERAL.—The Secretary of Transportation, including
a designee of the Secretary, may not issue or enforce any regulation
or other requirement regarding the transportation by aircraft of
lithium metal cells or batteries or lithium ion cells or batteries,
whether transported separately or packed with or contained in
equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions.
(b) EXCEPTIONS.—
(1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary (non-rechargeable) lithium batteries and cells
aboard passenger carrying aircraft set forth in special provision
A100 under section 172.102(c)(2) of title 49, Code of Federal

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Regulations (as in effect on the date of enactment of this
Act).
(2) CREDIBLE REPORTS.—Notwithstanding subsection (a), if
the Secretary obtains a credible report with respect to a safety
incident from a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells
or batteries on an aircraft, whether transported separately
or packed with or contained in equipment, in accordance with
the requirements of the ICAO Technical Instructions, has
substantially contributed to the initiation or propagation of
an onboard fire, the Secretary—
(A) may issue and enforce an emergency regulation,
more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—
(i) addresses solely deficiencies referenced in the
report; and
(ii) is effective for not more than 1 year; and
(B) may adopt and enforce a permanent regulation,
more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—
(i) the Secretary bases the regulation upon
substantial credible evidence that the otherwise
permissible presence of such cells or batteries would
substantially contribute to the initiation or propagation
of an onboard fire;
(ii) the regulation addresses solely the deficiencies
in existing regulations; and
(iii) the regulation imposes the least disruptive
and least expensive variation from existing requirements while adequately addressing identified deficiencies.
(c) ICAO TECHNICAL INSTRUCTIONS DEFINED.—In this section,
the term ‘‘ICAO Technical Instructions’’ means the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air (as amended, including
amendments adopted after the date of enactment of this Act).
SEC. 829. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING
WITH OSHA.
Deadline.

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Milestones.
Reports.

Policy statement.

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Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall—
(1) establish milestones, in consultation with the Occupational Safety and Health Administration, in a report to Congress—
(A) for the completion of work begun under the August
2000 memorandum of understanding between the Administrations; and
(B) to address issues that need further action, as set
forth in the December 2000 joint report of the Administrations; and
(2) initiate development of a policy statement to set forth
the circumstances in which requirements of the Occupational

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Safety and Health Administration may be applied to crewmembers while working in an aircraft.

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SEC. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY
SCREENING OPT-OUT PROGRAM.

(a) IN GENERAL.—Section 44920(b) is amended to read as follows:
‘‘(b) APPROVAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of receipt of an application submitted by an airport operator
under subsection (a), the Under Secretary shall approve or
deny the application.
‘‘(2) STANDARDS.—The Under Secretary shall approve an
application submitted by an airport operator under subsection
(a) if the Under Secretary determines that the approval would
not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or
property at the airport.
‘‘(3) REPORTS ON DENIALS OF APPLICATIONS.—
‘‘(A) IN GENERAL.—If the Under Secretary denies an
application submitted by an airport operator under subsection (a), the Under Secretary shall provide to the airport
operator, not later than 60 days following the date of the
denial, a written report that sets forth—
‘‘(i) the findings that served as the basis for the
denial;
‘‘(ii) the results of any cost or security analysis
conducted in considering the application; and
‘‘(iii) recommendations on how the airport operator
can address the reasons for the denial.
‘‘(B) SUBMISSION TO CONGRESS.—The Under Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of
any report provided to an airport operator under subparagraph (A).’’.
(b) WAIVERS.—Section 44920(d) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the subparagraphs
2 ems to the right;
(2) by striking ‘‘The Under Secretary’’ and inserting the
following:
‘‘(1) IN GENERAL.—The Under Secretary’’; and
(3) by adding at the end the following:
‘‘(2) WAIVERS.—The Under Secretary may waive the
requirement of paragraph (1)(B) for any company that is a
United States subsidiary with a parent company that has implemented a foreign ownership, control, or influence mitigation
plan that has been approved by the Defense Security Service
of the Department of Defense prior to the submission of the
application. The Under Secretary has complete discretion to
reject any application from a private screening company to
provide screening services at an airport that requires a waiver
under this paragraph.’’.
(c) RECOMMENDATIONS OF AIRPORT OPERATOR.—Section 44920
is amended by adding at the end the following:

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Applicability.

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‘‘(h) RECOMMENDATIONS OF AIRPORT OPERATOR.—As part of
any submission of an application for a private screening company
to provide screening services at an airport, the airport operator
shall provide to the Under Secretary a recommendation as to which
company would best serve the security screening and passenger
needs of the airport, along with a statement explaining the basis
of the operator’s recommendation.’’.
(d) RECONSIDERATION OF APPLICATIONS PENDING AS OF JANUARY
1, 2011.—
(1) IN GENERAL.—Upon the request of an airport operator,
the Secretary of Homeland Security shall reconsider any
application for the screening of passengers and property that—
(A) was submitted by the operator of an airport pursuant to section 44920(a) of title 49, United States Code;
(B) was pending for final decision by the Secretary
on any day between January 1, 2011, and February 3,
2011, and was resubmitted by the applicant in accordance
with new guidelines provided by the Secretary after February 3, 2011; and
(C) has not been approved by the Secretary on or
before the date of enactment of this Act.
(2) NOTICE TO AIRPORT OPERATORS.—In reconsidering an
application submitted under paragraph (1), the Secretary
shall—
(A) notify the airport operator that submitted the
application that the Secretary will reconsider the application;
(B) if the application was initially denied, advise the
operator of the findings that served as the basis for the
denial; and
(C) request the operator to provide the Secretary with
such additional information as the Secretary determines
necessary to reconsider the application.
(3) DEADLINE; STANDARDS.—The Secretary shall approve
or deny an application to be reconsidered under paragraph
(1) not later than the 120th day following the date of the
request for reconsideration from the airport operator. The Secretary shall apply the standards set forth in section 44920(b)
of title 49, United States Code (as amended by this section),
in approving and denying such application.
(4) REPORTS ON DENIALS OF APPLICATIONS.—
(A) IN GENERAL.—If the Secretary denies an application
of an airport operator following reconsideration under this
subsection, the Secretary shall provide to the airport operator a written report that sets forth—
(i) the findings that served as the basis for the
denial; and
(ii) the results of any cost or security analysis
conducted in considering the application.
(B) SUBMISSION TO CONGRESS.—The Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of
any report provided to an airport operator under subparagraph (A).

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 137

TITLE IX—FEDERAL AVIATION
RESEARCH AND DEVELOPMENT

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SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 48102(a) is amended—
(1) in the matter before paragraph (1) by striking ‘‘of this
title’’ and inserting ‘‘of this title and, for each of fiscal years
2012 through 2015, under subsection (g)’’;
(2) by striking paragraphs (1) through (8);
(3) by redesignating paragraphs (9) through (15) as paragraphs (1) through (7), respectively;
(4) in paragraph (3) (as so redesignated)—
(A) in subparagraph (K) by adding ‘‘and’’ at the end;
and
(B) in subparagraph (L) by striking ‘‘and’’ at the end;
and
(5) by striking paragraph (16) and inserting the following:
‘‘(8) $168,000,000 for each of fiscal years 2012 through
2015.’’.
(b) SPECIFIC PROGRAM LIMITATIONS.—Section 48102 is amended
by inserting after subsection (f) the following:
‘‘(g) SPECIFIC AUTHORIZATIONS.—The following programs
described in the research, engineering, and development account
of the national aviation research plan required under section
44501(c) are authorized:
‘‘(1) Fire Research and Safety.
‘‘(2) Propulsion and Fuel Systems.
‘‘(3) Advanced Materials/Structural Safety.
‘‘(4) Atmospheric Hazards—Aircraft Icing/Digital System
Safety.
‘‘(5) Continued Airworthiness.
‘‘(6) Aircraft Catastrophic Failure Prevention Research.
‘‘(7) Flightdeck/Maintenance/System Integration Human
Factors.
‘‘(8) System Safety Management.
‘‘(9) Air Traffic Control/Technical Operations Human Factors.
‘‘(10) Aeromedical Research.
‘‘(11) Weather Program.
‘‘(12) Unmanned Aircraft Systems Research.
‘‘(13) NextGen—Alternative Fuels for General Aviation.
‘‘(14) Joint Planning and Development Office.
‘‘(15) NextGen—Wake Turbulence Research.
‘‘(16) NextGen—Air Ground Integration Human Factors.
‘‘(17) NextGen—Self Separation Human Factors.
‘‘(18) NextGen—Weather Technology in the Cockpit.
‘‘(19) Environment and Energy Research.
‘‘(20) NextGen Environmental Research—Aircraft Technologies, Fuels, and Metrics.
‘‘(21) System Planning and Resource Management.
‘‘(22) The William J. Hughes Technical Center Laboratory
Facility.’’.
(c) PROGRAM AUTHORIZATIONS.—From the other accounts
described in the national aviation research plan required under
section 44501(c) of title 49, United States Code, the following
research and development activities are authorized:

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126 STAT. 138

PUBLIC LAW 112–95—FEB. 14, 2012
(1) Runway Incursion Reduction.
(2) System Capacity, Planning, and Improvement.
(3) Operations Concept Validation.
(4) NAS Weather Requirements.
(5) Airspace Management Program.
(6) NextGen—Air Traffic Control/Technical Operations
Human Factors.
(7) NextGen—Environment and Energy—Environmental
Management System and Advanced Noise and Emissions
Reduction.
(8) NextGen—New Air Traffic Management Requirements.
(9) NextGen—Operations Concept Validation—Validation
Modeling.
(10) NextGen—System Safety Management Transformation.
(11) NextGen—Wake Turbulence—Recategorization.
(12) NextGen—Operational Assessments.
(13) NextGen—Staffed NextGen Towers.
(14) Center for Advanced Aviation System Development.
(15) Airports Technology Research Program—Capacity.
(16) Airports Technology Research Program—Safety.
(17) Airports Technology Research Program—Environment.
(18) Airport Cooperative Research—Capacity.
(19) Airport Cooperative Research—Environment.
(20) Airport Cooperative Research—Safety.

49 USC 40101
note.

SEC. 902. DEFINITIONS.

In this title, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the FAA.
(2) FAA.—The term ‘‘FAA’’ means the Federal Aviation
Administration.
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the same meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(4) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration.
(5) NOAA.—The term ‘‘NOAA’’ means the National Oceanic
and Atmospheric Administration.

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SEC. 903. UNMANNED AIRCRAFT SYSTEMS.

(a) RESEARCH INITIATIVE.—Section 44504(b) is amended—
(1) in paragraph (6) by striking ‘‘and’’ after the semicolon;
(2) in paragraph (7) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk
of and prevent defects, failures, and malfunctions of products,
parts, and processes for use in all classes of unmanned aircraft
systems that could result in a catastrophic failure of the
unmanned aircraft that would endanger other aircraft in the
national airspace system.’’.
(b) SYSTEMS, PROCEDURES, FACILITIES, AND DEVICES.—Section
44505(b) is amended—
(1) in paragraph (4) by striking ‘‘and’’ after the semicolon;

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 139

(2) in paragraph (5)(C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft system safety;
and
‘‘(7) to develop dynamic simulation models for integrating
all classes of unmanned aircraft systems into the national
airspace system without any degradation of existing levels of
safety for all national airspace system users.’’.
SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

Using amounts made available under section 48102(a) of title
49, United States Code, the Administrator shall continue to carry
out a research program under which the Administrator may make
grants to and enter into cooperative agreements with institutions
of higher education and pavement research organizations for
research and technology demonstrations related to—
(1) the design, construction, rehabilitation, and repair of
airfield pavements to aid in the development of safer, more
cost effective, and more durable airfield pavements; and
(2) engineered material restraining systems for runways
at both general aviation airports and airports with commercial
air carrier operations.

49 USC 44505
note.

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

Section 44505 is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) RESEARCH ON DESIGN FOR CERTIFICATION.—
‘‘(1) RESEARCH.—Not later than 1 year after the date of
enactment of the FAA Modernization and Reform Act of 2012,
the Administrator shall conduct research on methods and procedures to improve both confidence in and the timeliness of
certification of new technologies for their introduction into the
national airspace system.
‘‘(2) RESEARCH PLAN.—Not later than 6 months after the
date of enactment of the FAA Modernization and Reform Act
of 2012, the Administrator shall develop a plan for the research
under paragraph (1) that contains objectives, proposed tasks,
milestones, and a 5-year budgetary profile.
‘‘(3) REVIEW.—The Administrator shall enter into an
arrangement with the National Research Council to conduct
an independent review of the plan developed under paragraph
(2) and shall provide the results of that review to the Committee
on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date
of enactment of the FAA Modernization and Reform Act of
2012.’’.

Deadline.

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SEC. 906. AIRPORT COOPERATIVE RESEARCH PROGRAM.

Section 44511(f) is amended—
(1) in paragraph (1) by striking ‘‘establish a 4-year pilot’’
and inserting ‘‘maintain an’’; and
(2) in paragraph (4)—

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126 STAT. 140

PUBLIC LAW 112–95—FEB. 14, 2012
(A) by striking ‘‘Not later than 6 months after the
expiration of the program under this subsection,’’ and
inserting ‘‘Not later than September 30, 2012,’’; and
(B) by striking ‘‘program, including recommendations
as to the need for establishing a permanent airport cooperative research program’’ and inserting ‘‘program’’.

Deadline.

SEC. 907. CENTERS OF EXCELLENCE.

(a) GOVERNMENT’S SHARE OF COSTS.—Section 44513(f) is
amended to read as follows:
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United States
Government’s share of establishing and operating a center and
all related research activities that grant recipients carry out shall
not exceed 50 percent of the costs, except that the Administrator
may increase such share to a maximum of 75 percent of the costs
for a fiscal year if the Administrator determines that a center
would be unable to carry out the authorized activities described
in this section without additional funds.’’.
(b) ANNUAL REPORT.—Section 44513 is amended by adding
at the end the following:
‘‘(h) ANNUAL REPORT.—The Administrator shall transmit
annually to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate at the time of the President’s budget request a report that lists—
‘‘(1) the research projects that have been initiated by each
center in the preceding year;
‘‘(2) the amount of funding for each research project and
the funding source;
‘‘(3) the institutions participating in each research project
and their shares of the overall funding for each research project;
and
‘‘(4) the level of cost-sharing for each research project.’’.

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49 USC 44513
note.

SEC. 908. CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE
RESEARCH.

(a) ESTABLISHMENT.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator
may establish a center of excellence to conduct research on—
(1) human performance in the air transportation environment, including among air transportation personnel such as
air traffic controllers, pilots, and technicians; and
(2) any other aviation human resource issue pertinent to
developing and maintaining a safe and efficient air transportation system.
(b) ACTIVITIES.—Activities conducted under this section may
include the following:
(1) Research, development, and evaluation of training programs for air traffic controllers, aviation safety inspectors, airway transportation safety specialists, and engineers.
(2) Research and development of best practices for recruitment of individuals into the aviation field for mission critical
positions.
(3) Research, in consultation with other relevant Federal
agencies, to develop a baseline of general aviation employment
statistics and an analysis of future needs in the aviation field.

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PUBLIC LAW 112–95—FEB. 14, 2012

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(4) Research and the development of a comprehensive
assessment of the airframe and power plant technician certification process and its effect on employment trends.
(5) Evaluation of aviation maintenance technician school
environments.
(6) Research and an assessment of the ability to develop
training programs to allow for the transition of recently
unemployed and highly skilled mechanics into the aviation
field.
SEC. 909. INTERAGENCY RESEARCH ON AVIATION AND THE ENVIRONMENT.

49 USC 40101
note.

(a) IN GENERAL.—Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with NASA and after consultation with other relevant
agencies, may maintain a research program to assess the potential
effect of aviation activities on the environment and, if warranted,
to evaluate approaches to address any such effect.
(b) RESEARCH PLAN.—
(1) IN GENERAL.—The Administrator, in coordination with
NASA and after consultation with other relevant agencies, shall
jointly develop a plan to carry out the research under subsection
(a).
(2) CONTENTS.—The plan shall contain an inventory of
current interagency research being undertaken in this area,
future research objectives, proposed tasks, milestones, and a
5-year budgetary profile.
(3) REQUIREMENTS.—The plan—
(A) shall be completed not later than 1 year after
the date of enactment of this Act;
(B) shall be submitted to Congress for review; and
(C) shall be updated, as appropriate, every 3 years
after the initial submission.

Consultation.

SEC. 910. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM.

49 USC 44504
note.

(a) IN GENERAL.—Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with the Administrator of NASA, shall continue
research and development activities into the qualification of an
unleaded aviation fuel and safe transition to this fuel for the fleet
of piston engine aircraft.
(b) REQUIREMENTS.—In carrying out the program under subsection (a), the Administrator shall, at a minimum—
(1) not later than 120 days after the date of enactment
of this Act, develop a research and development plan containing
the specific research and development objectives, including
consideration of aviation safety, technical feasibility, and other
relevant factors, and the anticipated timetable for achieving
the objectives;
(2) assess the methods and processes by which the FAA
and industry may expeditiously certify and approve new aircraft
and recertify existing aircraft with respect to unleaded aviation
fuel;
(3) assess technologies that modify existing piston engine
aircraft to enable safe operation of the aircraft using unleaded
aviation fuel and determine the resources necessary to certify
those technologies; and

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Submission.
Updates.

Deadline.

Assessment.

Assessment.

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126 STAT. 142
Recommendations.

(4) develop recommendations for appropriate policies and
guidelines to facilitate a transition to unleaded aviation fuel
for piston engine aircraft.
(c) COLLABORATION.—In carrying out the program under subsection (a), the Administrator shall collaborate with—
(1) industry groups representing aviation consumers,
manufacturers, and fuel producers and distributors; and
(2) other appropriate Federal agencies.
(d) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall provide to the Committee
on Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the plan, information obtained, and policies
and guidelines developed pursuant to subsection (b).

49 USC 44504
note.

SEC. 911. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL AIRCRAFT.

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Deadline.

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(a) IN GENERAL.—Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator shall
establish a research program to assist in the development and
qualification of jet fuel from alternative sources (such as natural
gas, biomass, ethanol, butanol, and hydrogen) and other renewable
sources.
(b) AUTHORITY TO MAKE GRANTS.—The Administrator shall
carry out the program through the use of grants or other measures
authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.
(c) PARTICIPATION IN PROGRAM.—
(1) PARTICIPATION OF EDUCATIONAL AND RESEARCH INSTITUTIONS.—In carrying out the program, the Administrator shall
include participation by—
(A) educational and research institutions that have
existing facilities and leverage private sector partnerships;
and
(B) consortia with experience across the supply chain,
including with research, feedstock development and production, small-scale development, testing, and technology
evaluation related to the creation, processing, production,
and transportation of alternative aviation fuel.
(2) USE OF NASA FACILITIES.—In carrying out the program,
the Administrator shall consider utilizing the existing capacity
in aeronautics research at Langley Research Center, Glenn
Research Center, and other appropriate facilities of NASA.
(d) DESIGNATION OF INSTITUTION AS A CENTER OF EXCELLENCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Administrator may designate
an institution described in subsection (c)(1)(A) as a Center
of Excellence for Alternative Jet-Fuel Research in Civil Aircraft.
(2) EFFECT OF DESIGNATION.—The center designated under
paragraph (1) shall become, upon its designation—
(A) a member of the Consortium for Continuous Low
Energy, Emissions, and Noise of the FAA; and
(B) part of a Joint Center of Excellence with the Partnership for Air Transportation Noise and Emission Reduction FAA Center of Excellence.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 143

SEC. 912. REVIEW OF FAA’S ENERGY-RELATED AND ENVIRONMENTRELATED RESEARCH PROGRAMS.

(a) REVIEW.—Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator shall
enter into an arrangement for an independent external review
of FAA energy-related and environment-related research programs.
The review shall assess whether—
(1) the programs have well-defined, prioritized, and appropriate research objectives;
(2) the programs are properly coordinated with the energyrelated and environment-related research programs at NASA,
NOAA, and other relevant agencies;
(3) the programs have allocated appropriate resources to
each of the research objectives; and
(4) there exist suitable mechanisms for transitioning the
research results into the FAA’s operational technologies and
procedures and certification activities.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit a report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate containing the results of the review.

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SEC. 913. REVIEW OF FAA’S AVIATION SAFETY-RELATED RESEARCH
PROGRAMS.

(a) REVIEW.—Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator shall
enter into an arrangement for an independent external review
of the FAA’s aviation safety-related research programs. The review
shall assess whether—
(1) the programs have well-defined, prioritized, and appropriate research objectives;
(2) the programs are properly coordinated with the safety
research programs of NASA and other relevant Federal agencies;
(3) the programs have allocated appropriate resources to
each of the research objectives;
(4) the programs should include a determination about
whether a survey of participants across the air transportation
system is an appropriate way to study safety risks within
such system; and
(5) there exist suitable mechanisms for transitioning the
research results from the programs into the FAA’s operational
technologies and procedures and certification activities in a
timely manner.
(b) AVIATION SAFETY-RELATED RESEARCH PROGRAMS TO BE
ASSESSED.—The FAA aviation safety-related research programs to
be assessed under the review shall include, at a minimum, the
following:
(1) Air traffic control/technical operations human factors.
(2) Runway incursion reduction.
(3) Flightdeck/maintenance system integration human factors.
(4) Airports technology research—safety.
(5) Airport Cooperative Research Program— safety.
(6) Weather Program.
(7) Atmospheric hazards/digital system safety.

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126 STAT. 144

PUBLIC LAW 112–95—FEB. 14, 2012

(8) Fire research and safety.
(9) Propulsion and fuel systems.
(10) Advanced materials/structural safety.
(11) Aging aircraft.
(12) Aircraft catastrophic failure prevention research.
(13) Aeromedical research.
(14) Aviation safety risk analysis.
(15) Unmanned aircraft systems research.
(c) REPORT.—Not later than 14 months after the date of enactment of this Act, the Administrator shall submit to the Committee
on Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the review.
49 USC 44504
note.

(a) ESTABLISHMENT OF RESEARCH PROGRAM.—Using amounts
made available under section 48102(a) of title 49, United States
Code, the Administrator shall establish a research program related
to developing jet fuel from clean coal.
(b) AUTHORITY TO MAKE GRANTS.—The Administrator shall
carry out the program through grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.
(c) PARTICIPATION IN PROGRAM.—In carrying out the program,
the Administrator shall include participation by educational and
research institutions that have existing facilities and experience
in the development and deployment of technology that processes
coal into aviation fuel.
(d) DESIGNATION OF INSTITUTION AS A CENTER OF EXCELLENCE.—Not later than 180 days after the date of enactment of
this Act, the Administrator may designate an institution described
in subsection (c) as a Center of Excellence for Coal-to-Jet-Fuel
Research.

Deadline.

49 USC 44505
note.

SEC.

Deadline.

Not later than 60 days after the date of enactment of this
Act, the Administrator shall—
(1) initiate an evaluation of proposals related to research
on the nature of wake vortexes that would increase national
airspace system capacity by reducing existing spacing requirements between aircraft of all sizes;
(2) begin implementation of a system to improve volcanic
ash avoidance options for aircraft, including the development
of a volcanic ash warning and notification system for aviation;
and
(3) coordinate with NOAA, NASA, and other appropriate
Federal agencies to conduct research to reduce the hazards
presented to commercial aviation related to—
(A) ground de-icing and anti-icing, ice pellets, and
freezing drizzle;
(B) oceanic weather, including convective weather;
(C) en route turbulence prediction and detection; and
(D) all hazards during oceanic operations, where
commercial traffic is high and only rudimentary satellite
sensing is available.

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Evaluation.

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SEC. 914. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR
CIVILIAN AIRCRAFT.

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126 STAT. 145

SEC. 916. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED
RESEARCH AND TRAINING IN THE USE OF ADVANCED
MATERIALS IN TRANSPORT AIRCRAFT.

49 USC 44504
note.

Section 708(b) of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44504 note) is amended by striking ‘‘for
fiscal year 2004’’ and inserting ‘‘for each of fiscal years 2012 through
2015’’.
SEC. 917. RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN
AND MONITOR THE ENGINE AND APU BLEED AIR SUPPLIED ON PRESSURIZED AIRCRAFT.

49 USC 44504
note.

(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Administrator, to the extent practicable,
shall implement a research program for the identification or
development of appropriate and effective air cleaning technology
and sensor technology for the engine and auxiliary power unit
bleed air supplied to the passenger cabin and flight deck of a
pressurized aircraft.
(b) TECHNOLOGY REQUIREMENTS.—The technology referred to
in subsection (a) shall have the capacity, at a minimum—
(1) to remove oil-based contaminants from the bleed air
supplied to the passenger cabin and flight deck; and
(2) to detect and record oil-based contaminants in the portion of the total air supplied to the passenger cabin and flight
deck from bleed air.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee
on Science, Space, and Technology of the House of Representatives
a report on the results of the research and development work
carried out under this section.

Deadline.

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SEC. 918. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR
NEXTGEN.

(a) REVIEW.—The Administrator shall enter into an arrangement for an independent external review of the enterprise architecture for the Next Generation Air Transportation System.
(b) CONTENTS.—At a minimum, the review to be conducted
under subsection (a) shall—
(1) highlight the technical activities, including humansystem design, organizational design, and other safety and
human factor aspects of the system, that will be necessary
to successfully transition current and planned modernization
programs to the future system envisioned by the Joint Planning
and Development Office of the FAA;
(2) assess technical, cost, and schedule risk for the software
development that will be necessary to achieve the expected
benefits from a highly automated air traffic management
system and the implications for ongoing modernization projects;
and
(3) determine how risks with automation efforts for the
Next Generation Air Transportation System can be mitigated
based on the experiences of other public or private entities
in developing complex, software-intensive systems.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit to the Committee on

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PUBLIC LAW 112–95—FEB. 14, 2012

Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report containing the results of the review conducted pursuant
to subsection (a).
SEC. 919. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.
Deadline.
Statement.
Study.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Administrator shall prepare and submit
a problem statement to the Transportation Research Board for
the purpose of initiating a study under the Airport Cooperative
Research Program on airport sustainability practices.
(b) FUNCTIONS.—The purpose of the study shall be—
(1) to examine and develop best airport practices and
metrics for the sustainable design, construction, planning,
maintenance, and operation of an airport;
(2) to examine potential standards for a rating system
based on the best sustainable practices and metrics;
(3) to examine potential standards for a voluntary airport
rating process based on the best sustainable practices, metrics,
and ratings; and
(4) to examine and develop recommendations for future
actions with regard to sustainability.
(c) REPORT.—Not later than 18 months after the date of initiation of the study, a report on the study shall be submitted to
the Administrator and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.

TITLE X—NATIONAL MEDIATION BOARD
SEC. 1001. RULEMAKING AUTHORITY.

Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is
amended by inserting after section 10 the following:
45 USC 160a.

‘‘SEC. 10A. RULES AND REGULATIONS.

‘‘(a) IN GENERAL.—The Mediation Board shall have the
authority from time to time to make, amend, and rescind, in the
manner prescribed by section 553 of title 5, United States Code,
and after opportunity for a public hearing, such rules and regulations as may be necessary to carry out the provisions of this Act.
‘‘(b) APPLICATION.—The requirements of subsection (a) shall
not apply to any rule or proposed rule to which the third sentence
of section 553(b) of title 5, United States Code, applies.’’.

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SEC. 1002. RUNOFF ELECTION RULES.

Paragraph Ninth of section 2 of the Railway Labor Act (45
U.S.C. 152) is amended by inserting after the fourth sentence
the following: ‘‘In any such election for which there are 3 or more
options (including the option of not being represented by any labor
organization) on the ballot and no such option receives a majority
of the valid votes cast, the Mediation Board shall arrange for
a second election between the options receiving the largest and
the second largest number of votes.’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 147

SEC. 1003. BARGAINING REPRESENTATIVE CERTIFICATION.

Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended
by adding at the end the following:
‘‘Twelfth. Showing of interest for representation elections. The
Mediation Board, upon receipt of an application requesting that
an organization or individual be certified as the representative
of any craft or class of employees, shall not direct an election
or use any other method to determine who shall be the representative of such craft or class unless the Mediation Board determines
that the application is supported by a showing of interest from
not less than 50 percent of the employees in the craft or class.’’.
SEC. 1004. OVERSIGHT.

Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is
amended by adding at the end the following:
45 USC 165.

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‘‘SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD.

‘‘(a) EVALUATION AND AUDIT OF MEDIATION BOARD.—
‘‘(1) IN GENERAL.—In order to promote economy, efficiency,
and effectiveness in the administration of the programs, operations, and activities of the Mediation Board, the Comptroller
General of the United States shall evaluate and audit the
programs and expenditures of the Mediation Board. Such an
evaluation and audit shall be conducted not less frequently
than every 2 years, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
‘‘(2) RESPONSIBILITY OF COMPTROLLER GENERAL.—In carrying out the evaluation and audit required under paragraph
(1), the Comptroller General shall evaluate and audit the programs, operations, and activities of the Mediation Board,
including, at a minimum—
‘‘(A) information management and security, including
privacy protection of personally identifiable information;
‘‘(B) resource management;
‘‘(C) workforce development;
‘‘(D) procurement and contracting planning, practices,
and policies;
‘‘(E) the extent to which the Mediation Board follows
leading practices in selected management areas; and
‘‘(F) the processes the Mediation Board follows to
address challenges in—
‘‘(i) initial investigations of applications requesting
that an organization or individual be certified as the
representative of any craft or class of employees;
‘‘(ii) determining and certifying representatives of
employees; and
‘‘(iii) ensuring that the process occurs without
interference, influence, or coercion.
‘‘(b) IMMEDIATE REVIEW OF CERTIFICATION PROCEDURES.—Not
later than 180 days after the date of enactment of this section,
the Comptroller General shall review the processes applied by the
Mediation Board to certify or decertify representation of employees
by a labor organization and make recommendations to the Board
and appropriate congressional committees regarding actions that
may be taken by the Board or Congress to ensure that the processes

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126 STAT. 148

PUBLIC LAW 112–95—FEB. 14, 2012

are fair and reasonable for all parties. Such review shall be conducted separately from any evaluation and audit under subsection
(a) and shall include, at a minimum—
‘‘(1) an evaluation of the existing processes and changes
to such processes that have occurred since the establishment
of the Mediation Board and whether those changes are consistent with congressional intent; and
‘‘(2) a description of the extent to which such processes
are consistent with similar processes applied to other Federal
or State agencies with jurisdiction over labor relations, and
an evaluation of any justifications for any discrepancies between
the processes of the Mediation Board and such similar Federal
or State processes.
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEE DEFINED.—In
this section, the term ‘appropriate congressional committees’ means
the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate.’’.

TITLE XI—AIRPORT AND AIRWAY TRUST
FUND PROVISIONS AND RELATED
TAXES
SEC. 1100. AMENDMENT OF 1986 CODE.

Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
SEC. 1101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
26 USC 4081.

26 USC 4081
note.

(a) FUEL TAXES.—Subparagraph (B) of section 4081(d)(2) is
amended by striking ‘‘February 17, 2012’’ and inserting ‘‘September
30, 2015’’.
(b) TICKET TAXES.—
(1) PERSONS.—Clause (ii) of section 4261(j)(1)(A) is
amended by striking ‘‘February 17, 2012’’ and inserting ‘‘September 30, 2015’’.
(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) is
amended by striking ‘‘February 17, 2012’’ and inserting ‘‘September 30, 2015’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on February 18, 2012.

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SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY.

(a) IN GENERAL.—Paragraph (1) of section 9502(d) is amended—
(1) by striking ‘‘February 18, 2012’’ in the matter preceding
subparagraph (A) and inserting ‘‘October 1, 2015’’, and
(2) by striking the semicolon at the end of subparagraph
(A) and inserting ‘‘or the FAA Modernization and Reform Act
of 2012;’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 149

(b) CONFORMING AMENDMENT.—Paragraph (2) of section 9502(e)
is amended by striking ‘‘February 18, 2012’’ and inserting ‘‘October
1, 2015’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on February 18, 2012.

26 USC 9502.

26 USC 9502
note.

SEC. 1103. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.

(a) FUEL SURTAX.—
(1) IN GENERAL.—Subchapter B of chapter 31 is amended
by adding at the end the following new section:

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‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL OWNERSHIP PROGRAM.

26 USC 4043.

‘‘(a) IN GENERAL.—There is hereby imposed a tax on any liquid
used (during any calendar quarter by any person) in a fractional
program aircraft as fuel—
‘‘(1) for the transportation of a qualified fractional owner
with respect to the fractional ownership aircraft program of
which such aircraft is a part, or
‘‘(2) with respect to the use of such aircraft on account
of such a qualified fractional owner, including use in deadhead
service.
‘‘(b) AMOUNT OF TAX.—The rate of tax imposed by subsection
(a) is 14.1 cents per gallon.
‘‘(c) DEFINITIONS AND SPECIAL RULES.—For purposes of this
section—
‘‘(1) FRACTIONAL PROGRAM AIRCRAFT.—The term ‘fractional
program aircraft’ means, with respect to any fractional ownership aircraft program, any aircraft which—
‘‘(A) is listed as a fractional program aircraft in the
management specifications issued to the manager of such
program by the Federal Aviation Administration under
subpart K of part 91 of title 14, Code of Federal Regulations, and
‘‘(B) is registered in the United States.
‘‘(2) FRACTIONAL OWNERSHIP AIRCRAFT PROGRAM.—The term
‘fractional ownership aircraft program’ means a program under
which—
‘‘(A) a single fractional ownership program manager
provides fractional ownership program management services on behalf of the fractional owners,
‘‘(B) there are 1 or more fractional owners per fractional
program aircraft, with at least 1 fractional program aircraft
having more than 1 owner,
‘‘(C) with respect to at least 2 fractional program aircraft, none of the ownership interests in such aircraft are—
‘‘(i) less than the minimum fractional ownership
interest, or
‘‘(ii) held by the program manager referred to in
subparagraph (A),
‘‘(D) there exists a dry-lease aircraft exchange arrangement among all of the fractional owners, and
‘‘(E) there are multi-year program agreements covering
the fractional ownership, fractional ownership program
management services, and dry-lease aircraft exchange
aspects of the program.

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126 STAT. 150

PUBLIC LAW 112–95—FEB. 14, 2012
‘‘(3) DEFINITIONS RELATED TO FRACTIONAL OWNERSHIP
INTERESTS.—
‘‘(A) QUALIFIED FRACTIONAL OWNER.—The term ‘quali-

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26 USC 4082.

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fied fractional owner’ means any fractional owner which
has a minimum fractional ownership interest in at least
one fractional program aircraft.
‘‘(B) MINIMUM FRACTIONAL OWNERSHIP INTEREST.—The
term ‘minimum fractional ownership interest’ means, with
respect to each type of aircraft—
‘‘(i) a fractional ownership interest equal to or
greater than 1/16 of at least 1 subsonic, fixed wing,
or powered lift aircraft, or
‘‘(ii) a fractional ownership interest equal to or
greater than 1/32 of at least 1 rotorcraft aircraft.
‘‘(C) FRACTIONAL OWNERSHIP INTEREST.—The term
‘fractional ownership interest’ means—
‘‘(i) the ownership of an interest in a fractional
program aircraft,
‘‘(ii) the holding of a multi-year leasehold interest
in a fractional program aircraft, or
‘‘(iii) the holding of a multi-year leasehold interest
which is convertible into an ownership interest in a
fractional program aircraft.
‘‘(D) FRACTIONAL OWNER.—The term ‘fractional owner’
means any person owning any interest (including the entire
interest) in a fractional program aircraft.
‘‘(4) DRY-LEASE AIRCRAFT EXCHANGE.—The term ‘dry-lease
aircraft exchange’ means an agreement, documented by the
written program agreements, under which the fractional program aircraft are available, on an as needed basis without
crew, to each fractional owner.
‘‘(5) SPECIAL RULE RELATING TO USE OF FRACTIONAL PROGRAM AIRCRAFT FOR FLIGHT DEMONSTRATION, MAINTENANCE, OR
TRAINING.—For purposes of subsection (a), a fractional program
aircraft shall not be considered to be used for the transportation
of a qualified fractional owner, or on account of such qualified
fractional owner, when it is used for flight demonstration,
maintenance, or crew training.
‘‘(6) SPECIAL RULE RELATING TO DEADHEAD SERVICE.—A
fractional program aircraft shall not be considered to be used
on account of a qualified fractional owner when it is used
in deadhead service and a person other than a qualified fractional owner is separately charged for such service.
‘‘(d) TERMINATION.—This section shall not apply to liquids used
as a fuel in an aircraft after September 30, 2021.’’.
(2) CONFORMING AMENDMENT.—Subsection (e) of section
4082 is amended by inserting ‘‘(other than kerosene with
respect to which tax is imposed under section 4043)’’ after
‘‘In the case of kerosene’’.
(3) TRANSFER OF REVENUES TO AIRPORT AND AIRWAY TRUST
FUND.—Paragraph (1) of section 9502(b) is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and
(D), respectively, and by inserting after subparagraph (A) the
following new subparagraph:
‘‘(B) section 4043 (relating to surtax on fuel used in
aircraft part of a fractional ownership program),’’.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 151

(4) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 31 is amended by adding at the end
the following new item:
‘‘Sec. 4043. Surtax on fuel used in aircraft part of a fractional ownership program.’’.

(b) FRACTIONAL OWNERSHIP PROGRAMS TREATED AS NONCOMMERCIAL AVIATION.—Subsection (b) of section 4083 is amended
by adding at the end the following new sentence: ‘‘Such term
shall not include the use of any aircraft before October 1, 2015,
if tax is imposed under section 4043 with respect to the fuel consumed in such use or if no tax is imposed on such use under
section 4043 by reason of subsection (c)(5) thereof.’’.
(c) EXEMPTION FROM TAX ON TRANSPORTATION OF PERSONS.—
Section 4261, as amended by this Act, is amended by redesignating
subsection (j) as subsection (k) and by inserting after subsection
(i) the following new subsection:
‘‘(j) EXEMPTION FOR AIRCRAFT IN FRACTIONAL OWNERSHIP AIRCRAFT PROGRAMS.—No tax shall be imposed by this section or
section 4271 on any air transportation if tax is imposed under
section 4043 with respect to the fuel used in such transportation.
This subsection shall not apply after September 30, 2015.’’.
(d) EFFECTIVE DATES.—
(1) SUBSECTION (a).—The amendments made by subsection
(a) shall apply to fuel used after March 31, 2012.
(2) SUBSECTION (b).—The amendment made by subsection
(b) shall apply to uses of aircraft after March 31, 2012.
(3) SUBSECTION (c).—The amendments made by subsection
(c) shall apply to taxable transportation provided after March
31, 2012.

26 USC 4083.
Effective date.

Termination
date.
26 USC 4043
note.
26 USC 4083
note.
26 USC 4261
note.

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SEC. 1104. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

(a) IN GENERAL.—Section 7275 is amended—
(1) by redesignating subsection (c) as subsection (d),
(2) by striking ‘‘subsection (a) or (b)’’ in subsection (d),
as so redesignated, and inserting ‘‘subsection (a), (b), or (c)’’,
and
(3) by inserting after subsection (b) the following new subsection:
‘‘(c) NON-TAX CHARGES.—
‘‘(1) IN GENERAL.—In the case of transportation by air
for which disclosure on the ticket or advertising for such
transportation of the amounts paid for passenger taxes is
required by subsection (a)(2) or (b)(1)(B), if such amounts are
separately disclosed, it shall be unlawful for the disclosure
of such amounts to include any amounts not attributable to
such taxes.
‘‘(2) INCLUSION IN TRANSPORTATION COST.—Nothing in this
subsection shall prohibit the inclusion of amounts not attributable to the taxes imposed by subsection (a), (b), or (c) of
section 4261 in the disclosure of the amount paid for transportation as required by subsection (a)(1) or (b)(1)(A), or in a
separate disclosure of amounts not attributable to such taxes.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable transportation provided after March 31, 2012.

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PUBLIC LAW 112–95—FEB. 14, 2012

SEC. 1105. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY MEDICAL AIRCRAFT.
26 USC 147.

26 USC 147 note.

26 USC 408 note.

(a) IN GENERAL.—Subsection (e) of section 147 is amended
by adding at the end the following new sentence: ‘‘The preceding
sentence shall not apply to any fixed-wing aircraft equipped for,
and exclusively dedicated to providing, acute care emergency medical services (within the meaning of section 4261(g)(2)).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to obligations issued after the date of the enactment
of this Act.
SEC. 1106. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER
BANKRUPTCY.

(a) GENERAL RULES.—
(1) ROLLOVER OF AIRLINE PAYMENT AMOUNT.—If a qualified
airline employee receives any airline payment amount and
transfers any portion of such amount to a traditional IRA
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act), then such
amount (to the extent so transferred) shall be treated as a
rollover contribution described in section 402(c) of the Internal
Revenue Code of 1986. A qualified airline employee making
such a transfer may exclude from gross income the amount
transferred, in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier.
(2) TRANSFER OF AMOUNTS ATTRIBUTABLE TO AIRLINE PAYMENT AMOUNT FOLLOWING ROLLOVER TO ROTH IRA.—A qualified
airline employee who has contributed an airline payment
amount to a Roth IRA that is treated as a qualified rollover
contribution pursuant to section 125 of the Worker, Retiree,
and Employer Recovery Act of 2008, may transfer to a traditional IRA, in a trustee-to-trustee transfer, all or any part
of the contribution (together with any net income allocable
to such contribution), and the transfer to the traditional IRA
will be deemed to have been made at the time of the rollover
to the Roth IRA, if such transfer is made within 180 days
of the date of the enactment of this Act. A qualified airline
employee making such a transfer may exclude from gross
income the airline payment amount previously rolled over to
the Roth IRA, to the extent an amount attributable to the
previous rollover was transferred to a traditional IRA, in the
taxable year in which the airline payment amount was paid
to the qualified airline employee by the commercial passenger
airline carrier. No amount so transferred to a traditional IRA
may be treated as a qualified rollover contribution with respect
to a Roth IRA within the 5-taxable year period beginning
with the taxable year in which such transfer was made.
(3) EXTENSION OF TIME TO FILE CLAIM FOR REFUND.—A
qualified airline employee who excludes an amount from gross
income in a prior taxable year under paragraph (1) or (2)
may reflect such exclusion in a claim for refund filed within
the period of limitation under section 6511(a) of such Code
(or, if later, April 15, 2013).
(4) OVERALL LIMITATION ON AMOUNTS TRANSFERRED TO
TRADITIONAL IRAS.—

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 153

(A) IN GENERAL.—The aggregate amount of airline payment amounts which may be transferred to 1 or more
traditional IRAs under paragraphs (1) and (2) with respect
to any qualified employee for any taxable year shall not
exceed the excess (if any) of—
(i) 90 percent of the aggregate airline payment
amounts received by the qualified airline employee
during the taxable year and all preceding taxable
years, over
(ii) the aggregate amount of such transfers to
which paragraphs (1) and (2) applied for all preceding
taxable years.
(B) SPECIAL RULES.—For purposes of applying the
limitation under subparagraph (A)—
(i) any airline payment amount received by the
surviving spouse of any qualified employee, and any
amount transferred to a traditional IRA by such spouse
under subsection (d), shall be treated as an amount
received or transferred by the qualified employee, and
(ii) any amount transferred to a traditional IRA
which is attributable to net income described in paragraph (2) shall not be taken into account.
(5) COVERED EXECUTIVES NOT ELIGIBLE TO MAKE TRANSFERS.—Paragraphs (1) and (2) shall not apply to any transfer
by a qualified airline employee (or any transfer authorized
under subsection (d) by a surviving spouse of the qualified
airline employee) if at any time during the taxable year of
the transfer or any preceding taxable year the qualified airline
employee held a position described in subparagraph (A) or
(B) of section 162(m)(3) with the commercial passenger airline
carrier from whom the airline payment amount was received.
(b) TREATMENT OF AIRLINE PAYMENT AMOUNTS AND TRANSFERS
FOR EMPLOYMENT TAXES.—For purposes of chapter 21 of the
Internal Revenue Code of 1986 and section 209 of the Social Security
Act, an airline payment amount shall not fail to be treated as
a payment of wages by the commercial passenger airline carrier
to the qualified airline employee in the taxable year of payment
because such amount is excluded from the qualified airline
employee’s gross income under subsection (a).
(c) DEFINITIONS AND SPECIAL RULES.—For purposes of this section—
(1) AIRLINE PAYMENT AMOUNT.—
(A) IN GENERAL.—The term ‘‘airline payment amount’’
means any payment of any money or other property which
is payable by a commercial passenger airline carrier to
a qualified airline employee—
(i) under the approval of an order of a Federal
bankruptcy court in a case filed after September 11,
2001, and before January 1, 2007, and
(ii) in respect of the qualified airline employee’s
interest in a bankruptcy claim against the carrier,
any note of the carrier (or amount paid in lieu of
a note being issued), or any other fixed obligation
of the carrier to pay a lump sum amount.
The amount of such payment shall be determined without
regard to any requirement to deduct and withhold tax

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126 STAT. 154

PUBLIC LAW 112–95—FEB. 14, 2012

from such payment under sections 3102(a) of the Internal
Revenue Code of 1986 and 3402(a) of such Code.
(B) EXCEPTION.—An airline payment amount shall not
include any amount payable on the basis of the carrier’s
future earnings or profits.
(2) QUALIFIED AIRLINE EMPLOYEE.—The term ‘‘qualified airline employee’’ means an employee or former employee of a
commercial passenger airline carrier who was a participant
in a defined benefit plan maintained by the carrier which—
(A) is a plan described in section 401(a) of the Internal
Revenue Code of 1986 which includes a trust exempt from
tax under section 501(a) of such Code, and
(B) was terminated or became subject to the restrictions contained in paragraphs (2) and (3) of section 402(b)
of the Pension Protection Act of 2006.
(3) TRADITIONAL IRA.—The term ‘‘traditional IRA’’ means
an individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) which is not a Roth
IRA.
(4) ROTH IRA.—The term ‘‘Roth IRA’’ has the meaning
given such term by section 408A(b) of such Code.
(d) SURVIVING SPOUSE.—If a qualified airline employee died
after receiving an airline payment amount, or if an airline payment
amount was paid to the surviving spouse of a qualified airline
employee in respect of the qualified airline employee, the surviving
spouse of the qualified airline employee may take all actions permitted under section 125 of the Worker, Retiree and Employer
Recovery Act of 2008, or under this section, to the same extent
that the qualified airline employee could have done had the qualified
airline employee survived.
(e) EFFECTIVE DATE.—This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date.

Applicability.
26 USC 4281
note.

SEC. 1107. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT
ON NONESTABLISHED LINES.

(a) IN GENERAL.—The first sentence of section 4281 is amended
by inserting ‘‘or when such aircraft is a jet aircraft’’ after ‘‘an
established line’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable transportation provided after March 31, 2012.

26 USC 4281.

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SEC. 1108. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES
OF SECTION 249.

26 USC 249 note.

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(a) IN GENERAL.—Section 249(a) is amended by striking ‘‘,
or a corporation in control of, or controlled by,’’ and inserting
‘‘, or a corporation in the same parent-subsidiary controlled group
(within the meaning of section 1563(a)(1) as’’.
(b) CONFORMING AMENDMENT.—Section 249(b) is amended—
(1) by striking all that precedes ‘‘is the issue price’’ and
inserting:
‘‘(b) ADJUSTED ISSUE PRICE.—For purposes of subsection (a),
the adjusted issue price’’, and
(2) by striking paragraph (2).
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to repurchases after the date of the enactment of this
Act.

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PUBLIC LAW 112–95—FEB. 14, 2012

126 STAT. 155

TITLE XII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
SEC. 1201. COMPLIANCE PROVISION.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on this conference report or amendment between the Houses.

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Approved February 14, 2012.

LEGISLATIVE HISTORY—H.R. 658 (S. 223):
HOUSE REPORTS: Nos. 112–29, Pts. 1 and 2 (Comm. on Transportation and Infrastructure) and 112–381 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 157 (2011): Mar. 31, Apr. 1, considered and passed House.
Apr. 7, considered and passed Senate, amended, in lieu of
S. 223.
Vol. 158 (2012): Feb. 3, House agreed to conference report.
Feb. 6, Senate agreed to conference report.

Æ

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