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: 

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. 

Subtitle C—Fees for FAA Services 

Sec. 121. Update on overflights. 

Sec. 122. Registration fees. 

Subtitle D—Airport Improvement Program Modifications 

Sec. 131. Airport master plans. 

Sec. 132. AIP definitions. 

Sec. 133. Recycling plans for airports. 

Sec. 134. Contents of competition plans. 

Sec. 135. Grant assurances. 

Sec. 136. Agreements granting through-the-fence access to general aviation airports. 

Sec. 137. Government share of project costs. 

Sec. 138. Allowable project costs. 

Sec. 139. Veterans’ preference. 

Sec. 140. Minority and disadvantaged business participation. 

Sec. 141. Special apportionment rules. 

Sec. 142. United States territories minimum guarantee. 

Sec. 143. Reducing apportionments. 

Sec. 144. Marshall Islands, Micronesia, and Palau. 

49 USC 40101 

note. 

FAA 

Modernization 

and Reform Act 

of 2012. 

Feb. 14, 2012 

[H.R. 658] 


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126 STAT. 12 PUBLIC LAW 112–95—FEB. 14, 2012 

Sec. 145. Use of apportioned amounts. 

Sec. 146. Designating current and former military airports. 

Sec. 147. Contract tower program. 

Sec. 148. Resolution of disputes concerning airport fees. 

Sec. 149. Sale of private airports to public sponsors. 

Sec. 150. Repeal of certain limitations on Metropolitan Washington Airports Authority. 

Sec. 151. Midway Island Airport. 

Sec. 152. Miscellaneous amendments. 

Sec. 153. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

Sec. 154. Priority review of construction projects in cold weather States. 

Sec. 155. Study on national plan of integrated airport systems. 

Sec. 156. 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 

Subtitle A—General Provisions 

Sec. 301. Judicial review of denial of airman certificates. 

Sec. 302. Release of data relating to abandoned type certificates and supplemental 

type certificates. 

Sec. 303. Design and production organization certificates. 

Sec. 304. Cabin crew communication. 

Sec. 305. Line check evaluations. 

Sec. 306. Safety of air ambulance operations. 

Sec. 307. Prohibition on personal use of electronic devices on flight deck. 

Sec. 308. Inspection of repair stations located outside the United States. 

Sec. 309. Enhanced training for flight attendants. 

Sec. 310. Limitation on disclosure of safety information. 

Sec. 311. Prohibition against aiming a laser pointer at an aircraft. 

Sec. 312. Aircraft certification process review and reform. 

Sec. 313. Consistency of regulatory interpretation. 

Sec. 314. Runway safety. 

Sec. 315. Flight Standards Evaluation Program. 

Sec. 316. Cockpit smoke. 

Sec. 317. Off-airport, low-altitude aircraft weather observation technology. 

Sec. 318. Feasibility of requiring helicopter pilots to use night vision goggles. 

Sec. 319. Maintenance providers. 

Sec. 320. Study of air quality in aircraft cabins. 

Sec. 321. Improved pilot licenses. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 331. Definitions. 


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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. 

Subtitle C—Safety and Protections 

Sec. 341. Aviation Safety Whistleblower Investigation Office. 

Sec. 342. Postemployment restrictions for flight standards inspectors. 

Sec. 343. Review of air transportation oversight system database. 

Sec. 344. Improved voluntary disclosure reporting system. 

Sec. 345. Duty periods and flight time limitations applicable to flight crewmembers. 

Sec. 346. Certain existing flight time limitations and rest requirements. 

Sec. 347. Emergency locator transmitters on general aviation aircraft. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

Subtitle A—Passenger Air Service Improvements 

Sec. 401. Smoking prohibition. 

Sec. 402. Monthly air carrier reports. 

Sec. 403. Musical instruments. 

Sec. 404. Extension of competitive access reports. 

Sec. 405. Airfares for members of the Armed Forces. 

Sec. 406. Review of air carrier flight delays, cancellations, and associated causes. 

Sec. 407. Compensation for delayed baggage. 

Sec. 408. DOT airline consumer complaint investigations. 

Sec. 409. Study of operators regulated under part 135. 

Sec. 410. Use of cell phones on passenger aircraft. 

Sec. 411. Establishment of advisory committee for aviation consumer protection. 

Sec. 412. Disclosure of seat dimensions to facilitate the use of child safety seats on 

aircraft. 

Sec. 413. Schedule reduction. 

Sec. 414. Ronald Reagan Washington National Airport slot exemptions. 

Sec. 415. 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. 

TITLE V—ENVIRONMENTAL STREAMLINING 

Sec. 501. Overflights of national parks. 

Sec. 502. State block grant program. 

Sec. 503. Airport funding of special studies or reviews. 

Sec. 504. Grant eligibility for assessment of flight procedures. 

Sec. 505. Determination of fair market value of residential properties. 

Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with stage 3 noise levels. 

Sec. 507. Aircraft departure queue management pilot program. 

Sec. 508. High performance, sustainable, and cost-effective air traffic control facilities. 

Sec. 509. Sense of Congress. 

Sec. 510. Aviation noise complaints. 

Sec. 511. Pilot program for zero-emission airport vehicles. 

Sec. 512. 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 

Sec. 603. Collegiate training initiative study. 

Sec. 604. Frontline manager staffing. 

Sec. 605. FAA technical training and staffing. 

Sec. 606. Safety critical staffing. 

Sec. 607. Air traffic control specialist qualification training. 

Sec. 608. FAA air traffic controller staffing. 

Sec. 609. Air traffic controller training and scheduling. 

Sec. 610. FAA facility conditions. 

Sec. 611. 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. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Disclosure of data to Federal agencies in interest of national security. 

Sec. 802. FAA authority to conduct criminal history record checks. 

Sec. 803. Civil penalties technical amendments. 

Sec. 804. Consolidation and realignment of FAA services and facilities. 

Sec. 805. Limiting access to flight decks of all-cargo aircraft. 

Sec. 806. Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format. 

Sec. 807. Prohibition on use of certain funds. 

Sec. 808. Study on aviation fuel prices. 

Sec. 809. Wind turbine lighting. 

Sec. 810. Air-rail code sharing study. 

Sec. 811. D.C. Metropolitan Area Special Flight Rules Area. 

Sec. 812. FAA review and reform. 

Sec. 813. Use of mineral revenue at certain airports. 

Sec. 814. Contracting. 

Sec. 815. Flood planning. 

Sec. 816. Historical aircraft documents. 

Sec. 817. Release from restrictions. 

Sec. 818. Sense of Congress. 

Sec. 819. Human Intervention Motivation Study. 

Sec. 820. Study of aeronautical mobile telemetry. 

Sec. 821. Clarification of requirements for volunteer pilots operating charitable 

medical flights. 

Sec. 822. Pilot program for redevelopment of airport properties. 

Sec. 823. Report on New York City and Newark air traffic control facilities. 

Sec. 824. Cylinders of compressed oxygen or other oxidizing gases. 

Sec. 825. Orphan aviation earmarks. 

Sec. 826. Privacy protections for air passenger screening with advanced imaging 

technology. 

Sec. 827. Commercial space launch license requirements. 

Sec. 828. Air transportation of lithium cells and batteries. 

Sec. 829. Clarification of memorandum of understanding with OSHA. 

Sec. 830. Approval of applications for the airport security screening opt-out program. 

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 

Sec. 901. Authorization of appropriations. 

Sec. 902. Definitions. 

Sec. 903. Unmanned aircraft systems. 

Sec. 904. Research program on runways. 

Sec. 905. Research on design for certification. 

Sec. 906. Airport cooperative research program. 

Sec. 907. Centers of excellence. 

Sec. 908. Center of excellence for aviation human resource research. 

Sec. 909. Interagency research on aviation and the environment. 

Sec. 910. Aviation fuel research and development program. 

Sec. 911. Research program on alternative jet fuel technology for civil aircraft. 

Sec. 912. Review of FAA’s energy-related and environment-related research programs. 

Sec. 913. Review of FAA’s aviation safety-related research programs. 

Sec. 914. Production of clean coal fuel technology for civilian aircraft. 

Sec. 915. Wake turbulence, volcanic ash, and weather research. 

Sec. 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. 

TITLE X—NATIONAL MEDIATION BOARD 

Sec. 1001. Rulemaking authority. 

Sec. 1002. Runoff election rules. 

Sec. 1003. Bargaining representative certification. 

Sec. 1004. 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. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 

COMPATIBILITY PLANNING AND PROGRAMS. 

(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 

49 USC 40101 

note. 


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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. 

(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).’’. 

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— 

Determination. 


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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 

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. 

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. 

(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. 

49 USC 45305. 


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‘‘(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.’’. 

(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR TRANSPORTATION.—Section 45302(e) is amended— 

(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’’. 

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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126 STAT. 22 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. 

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.’’. 

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 

Applicability. 

Effective date. 

Lease. 


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126 STAT. 24 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. 

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 

Effective date. 

49 USC 47107 

note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 25 

Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 

determined by the Secretary of Commerce.’’. 

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— 

Notification. 


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126 STAT. 26 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. 

Definition. 

Time period. 

Deadline. 

Reports. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 27 

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).’’. 

Deadline. 

49 USC 47113 

note. 


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126 STAT. 28 PUBLIC LAW 112–95—FEB. 14, 2012 

(c) INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PRO- GRAMS 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 TO RECEIVE PRIMARY AIRPORT MINIMUM

APPORTIONMENT AMOUNT.—Notwithstanding any other provision 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.’’. 

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.’’. 

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.’’. 

SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES. 

(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)’’. 

Standards. 

Determination. 

Time period. 


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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. 

(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’’. 

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); 

49 USC 47133 

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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)’’; 

Certification. 


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126 STAT. 34 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.’’. 

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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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 35 

SEC. 154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD 

WEATHER STATES. 

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. 

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— 

Deadline. 

49 USC 47112 

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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’’. 

TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC 

CONTROL MODERNIZATION 

SEC. 201. DEFINITIONS. 

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. 

SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS. 

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. 

49 USC 40101 

note. 

49 USC 40101 

note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 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’’. 

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 

Determination. 


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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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PUBLIC LAW 112–95—FEB. 14, 2012 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). 

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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‘‘(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. 

(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: 

Consultation. 

Notice. 

Appointment. 

49 USC 40101 

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‘‘(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— 

Deadline. 

Memorandum. 

Establishment. 

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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 

49 USC 40101 

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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. 

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 

49 USC 40101 

note. 

49 USC 40101 

note. 

Publication. 

Deadline. 

49 USC 40101 

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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.’’. 

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; 

49 USC 40101 

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(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; 

Deadline. 

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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. 

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). 

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 

Publication. 

49 USC 40101 

note. 

49 USC 40101 

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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— 

Certification. 

Publication. 

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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; 

Lists. 

Certification. 

Publication. 

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(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 

Determination. 

Certification. 

Publication. 

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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. 

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; 

Deadline. 

49 USC 40101 

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(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). 

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. 

Deadline. 

Plan. 

49 USC 40101 

note. 

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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. 

(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. 

SEC. 218. AIRSPACE REDESIGN. 

(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 

49 USC 40101 

note. 

49 USC 40101 

note. 

Plan. 

Deadline. 

Evaluation. 

49 USC 40101 

note. 


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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). 

SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC 

INTERNET WEB-BASED RESOURCE ON LOCATIONS OF 

POTENTIAL AVIATION OBSTRUCTIONS. 

(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. 

SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF 

EXCELLENCE. 

(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. 

49 USC 40101 

note. 

Consultation. 

49 USC 40101 

note. 


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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 

Reports. 

49 USC 40101 

note. 

Determination. 

Definition. 

49 USC 40101 

note. 


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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. 

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. 

SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND 

ANALYSIS. 

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. 

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

(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 

49 USC 40101 

note. 

Assessment. 

Deadline. 

49 USC 44506 

note. 

Payments. 

49 USC 106 note. 


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126 STAT. 56 PUBLIC LAW 112–95—FEB. 14, 2012 

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. 

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 

Determination. 


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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.’’. 

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 

Deadline. 

49 USC 44704 

note. 

Regulations. 

Effective date. 

Time period. 


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126 STAT. 58 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. 

(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: 

‘‘§ 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, 

Deadline. 

Deadline. 

49 USC 44730. 

49 USC 44728 

note. 


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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. 

Checklist. 


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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. 

‘‘§ 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. 

Deadlines. 

Reports. 

49 USC 44731. 


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‘‘(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: 

‘‘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. 

(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 

49 USC 44731. 

Deadline. 


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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.’’. 

(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: 

‘‘§ 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 

Deadline. 

Safety 

assessment 

system. 

49 USC 44732. 

Deadlines. 

Procedures. 

49 USC 44732 

note. 


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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. 

Applicability. 

Deadline. 

Regulations. 

Standards. 

Publication. 

Deadline. 


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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: 

‘‘§ 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: 

‘‘§ 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. 

49 USC 44735. 

Applicability. 

49 USC 44734. 


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‘‘(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. 

(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 

Penalty. 

18 USC 39A. 


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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’’. 

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. 

49 USC 44704 

note. 

Notification. 

Deadline. 

Notice. 

Public comment. 


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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. 

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; 

Deadline. 

Reports. 

49 USC 47101 

note. 

Determination. 

Recommendations. 

Deadline. 

49 USC 44701 

note. 

Deadline. 


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(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. 

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 

Deadline. 

49 USC 44701 

note. 

Deadline. 

Reports. 

Deadline. 

Procedures. 


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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 AIRCRAFT WEATHER 

OBSERVATION TECHNOLOGY. 

(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. 

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). 

Deadline. 

49 USC 44713 

note. 

Consultation. 


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(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. 

(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; 

Deadline. 


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(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. 

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. 

Reports. 

Deadlines. 

49 USC 44703 

note. 


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(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 

SEC. 331. DEFINITIONS. 

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. 

Applicability. 

49 USC 40101 

note. 


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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. 

(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). 

Deadline. 

49 USC 40101 

note. 


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(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. 

Consultation. 

Standards. 

Termination 

date. 

Deadline. 

Deadline. 

Federal Register, 

publication. 

Deadlines. 

Publication. 

Web posting. 


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(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. 

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

(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. 

49 USC 40101 

note. 

Deadline. 

Deadline. 

Plans. 

Deadline. 


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126 STAT. 76 PUBLIC LAW 112–95—FEB. 14, 2012 

(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. 

SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

(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; 

Deadline. 

Deadline. 

Deadline. 

49 USC 40101 

note. 

Determination. 


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(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. 

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; 

49 USC 40101 

note. 

49 USC 40101 

note. 

Deadline. 


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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. 

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 

Recommendations. 


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‘‘(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.’’. 

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.— 

Deadline. 

Records. 

Notice. 


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‘‘(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 

49 USC 44701 

note. 

49 USC 44711 

note. 


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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

AND 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 

Deadline. 

49 USC 44701 

note. 

49 USC 40123 

note. 


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(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). 

SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST 

REQUIREMENTS. 

The Administrator of the Federal Aviation Administration may 

not finalize the interpretation proposed in Docket No. FAA–2010– 

1259, relating to rest requirements, and published in the Federal 

Register on December 23, 2010. 

SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL 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. 

Deadline. 

Determination. 

49 USC 44712 

note. 

Deadline. 


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PUBLIC LAW 112–95—FEB. 14, 2012 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.’’. 

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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‘‘(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: 

‘‘§ 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 

49 USC 41724. 

49 USC 41708 

note. 

Reports. 

Web posting. 


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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: 

‘‘41724. Musical instruments.’’. 

SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

Section 47107(s)(3) is amended to read as follows: 

‘‘(3) SUNSET PROVISION.—This subsection shall cease to be 

effective beginning October 1, 2015.’’. 

SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

(a) FINDINGS.—Congress finds that— 

(1) the Armed Forces is comprised of approximately 

1,450,000 members who are stationed on active duty at more 

than 6,000 military bases in 146 different countries; 

(2) the United States is indebted to the members of the 

Armed Forces, many of whom are in grave danger due to 

their engagement in, or exposure to, combat; 

(3) military service, especially in the current war against 

terrorism, often requires members of the Armed Forces to be 

Deadline. 


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126 STAT. 86 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. 

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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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 87 

(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. 

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— 

49 USC 42302 

note. 


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(1) the size and type of aircraft in the fleet; 

(2) the equipment utilized by the fleet; 

(3) the hours flown each year by the fleet; 

(4) the utilization rates with respect to the fleet; 

(5) the safety record of various categories of use and aircraft 

types with respect to the fleet, through a review of the database 

of the National Transportation Safety Board; 

(6) the sales revenues of the fleet; and 

(7) the number of passengers and airports served by the 

fleet. 

(c) REPORT TO CONGRESS.—Not later than 18 months after 

the date of enactment of this Act, the Administrator shall submit 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study 

conducted under subsection (a). 

SEC. 410. USE OF CELL PHONES ON PASSENGER AIRCRAFT. 

(a) CELL PHONE STUDY.—Not later than 120 days after the 

date of enactment of this Act, the Administrator of the Federal 

Aviation Administration shall conduct a study on the impact of 

the use of cell phones for voice communications in an aircraft 

during a flight in scheduled passenger air transportation where 

currently permitted by foreign governments in foreign air 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. 

49 USC 42301 

prec. note. 

Deadline. 

Federal Register, 

publication. 

Deadline. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 89 

(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. 

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. 

SEC. 413. SCHEDULE REDUCTION. 

(a) IN GENERAL.—If the Administrator of the Federal Aviation 

Administration determines that— 

(1) the aircraft operations of air carriers during any hour 

at an airport 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 

Determination. 

49 USC 41722 

note. 

Deadline. 

Regulations. 

Web posting. 

49 USC 42301 

prec. note. 


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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. 

(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 

Deadline. 


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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.’’. 

Notice. 


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126 STAT. 92 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.’’. 

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 

‘‘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— 

Deadline. 

49 USC 42301. 


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‘‘(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. 

Web posting. 

Deadline. 

Review. 

Deadlines. 


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PUBLIC LAW 112–95—FEB. 14, 2012 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. 

‘‘§ 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. 

‘‘§ 42303. Use of insecticides in passenger aircraft 

‘‘(a) INFORMATION TO BE PROVIDED ON THE INTERNET.—The 

Secretary of Transportation shall establish, and make available 

Public 

information. 

49 USC 42303. 

Notifications. 

49 USC 42302. 

Applicability. 


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126 STAT. 96 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 

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 

Effective date. 

49 USC 42301 

note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 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.’’. 

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’’. 

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.’’. 

Order. 

Order. 

Deadline. 

Time period. 


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126 STAT. 98 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).’’. 

SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY 

INCREASED COSTS. 

(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. 

Applicability. 

49 USC 41734 

note. 

49 USC 41737 

note. 

Order. 


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PUBLIC LAW 112–95—FEB. 14, 2012 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. 

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. 

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’’. 

Deadline. 

49 USC 41737 

note. 

49 USC 41731 

note. 


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126 STAT. 100 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 

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 EXEMP- TION.—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 

Consultation. 

Publication. 


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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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PUBLIC LAW 112–95—FEB. 14, 2012 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 REQUIRE- MENTS.—Section 47128 is amended by adding at the end the following: 

‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIRE- MENTS.—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.’’. 

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; 

Consultation. 


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126 STAT. 104 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.’’. 

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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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 105 

SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 

75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 3 

NOISE LEVELS. 

(a) IN GENERAL.—Subchapter II of chapter 475 is amended 

by adding at the end the following: 

‘‘§ 47534. Prohibition on operating certain aircraft weighing 

75,000 pounds or less not 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 

Effective date. 

49 USC 47534. 


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126 STAT. 106 PUBLIC LAW 112–95—FEB. 14, 2012 

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.’’. 

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. 

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. 

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 

49 USC 44502 

note. 

49 USC 44505 

note. 


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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. 

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

(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. 

49 USC 47136a. 

Deadline. 

Web posting. 

49 USC 47501 

note. 


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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: 

‘‘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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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: 

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

TITLE VI—FAA EMPLOYEES AND 

ORGANIZATION 

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. 

49 USC 47140a. 


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‘‘(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— 

Deadline. 

List. 

Deadlines. 

Submission. 


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‘‘(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).’’. 

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 

Definitions. 


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126 STAT. 112 PUBLIC LAW 112–95—FEB. 14, 2012 

Aviation Administration Executive Compensation 

Plan.’’. 

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. 

(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 

Deadline. 


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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. 

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 

Deadline. 

49 USC 44701 

note. 

Recommendations. 

Deadline. 


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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). 

SEC. 607. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION 

TRAINING. 

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 

Determination. 

Consultation. 


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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. 

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; 

Study. 

Deadline. 


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126 STAT. 116 PUBLIC LAW 112–95—FEB. 14, 2012 

(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. 

Deadline. 

Assessment. 

Standards. 

Deadline. 

Review. 

Evaluation. 

49 USC 44506 

note. 


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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). 

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.’’. 

Review. 

Review. 


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126 STAT. 118 PUBLIC LAW 112–95—FEB. 14, 2012 

TITLE VII—AVIATION INSURANCE 

SEC. 701. GENERAL AUTHORITY. 

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: 

‘‘§ 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 

49 USC 40130. 

Extension dates. 


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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. 

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 AND CONSOLIDATION

REPORT.— 

49 USC 44501 

note. 


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126 STAT. 120 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 

Time periods. 

Records. 

Federal Register, 

publication. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 121 

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. 

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. 

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

ELECTRONIC MEDIA FORMAT. 

(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 

49 USC 40114 

note. 

Deadline. 


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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. 

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. 

(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. 

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: 

Deadline. 

Reports. 

Determination. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 123 

(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. 

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. 

Deadline. 

Deadline. 


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126 STAT. 124 PUBLIC LAW 112–95—FEB. 14, 2012 

SEC. 812. FAA REVIEW AND REFORM. 

(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. 

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 

Contracts. 

Time periods. 

49 USC 47133 

note. 

Deadline. 

Deadline. 

49 USC 106 note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 125 

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 20- 

year 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. 

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: 

Review. 

Reports. 

49 USC 40110 

note. 

Deadline. 

Deadline. 

Time period. 

Waiver. 


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126 STAT. 126 PUBLIC LAW 112–95—FEB. 14, 2012 

‘‘(6) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROP- ERTIES.—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.’’. 

SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS. 

(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 

Deadline. 

49 USC 44704 

note. 


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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. 

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. 

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 

Deadline. 

Reports. 

Deadline. 

49 USC 45105 

note. 

49 USC 47125 

note. 


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126 STAT. 128 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. 

SEC. 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. 

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

(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 

Deadline. 

49 USC 47141 

note. 

Definition. 

49 USC 40101 

note. 


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(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 

Grants. 


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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. 

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. 

(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— 

Alaska. 

Time period. 


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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. 

SEC. 825. ORPHAN AVIATION EARMARKS. 

(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— 

Public 

information. 

Web posting. 

Effective date. 

Determination. 

Time period. 

49 USC 106 note. 

Applicability. 


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126 STAT. 132 PUBLIC LAW 112–95—FEB. 14, 2012 

(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. 

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— 

Determination. 

Effective date. 


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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.’’. 

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,’’. 

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

(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 

49 USC 44701 

note. 

Effective date. 


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126 STAT. 134 PUBLIC LAW 112–95—FEB. 14, 2012 

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. 

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 

Policy statement. 

Milestones. 

Reports. 

Deadline. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 135 

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

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: 

Records. 

Determination. 

Deadline. 


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126 STAT. 136 PUBLIC LAW 112–95—FEB. 14, 2012 

‘‘(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). 

Records. 

Applicability. 

Time period. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 137 

TITLE IX—FEDERAL AVIATION 

RESEARCH AND DEVELOPMENT 

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: 

49 USC 44501 

note. 


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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. 

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. 

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; 

49 USC 40101 

note. 


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(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. 

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.’’. 

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)— 

Deadline. 

49 USC 44505 

note. 


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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’’. 

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.’’. 

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. 

49 USC 44513 

note. 

Deadline. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 141 

(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. 

(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. 

SEC. 910. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM. 

(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 

Assessment. 

Assessment. 

Deadline. 

49 USC 44504 

note. 

Updates. 

Submission. 

Deadline. 

Consultation. 

49 USC 40101 

note. 


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126 STAT. 142 PUBLIC LAW 112–95—FEB. 14, 2012 

(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). 

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

(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. 

Deadline. 

49 USC 44504 

note. 

Recommendations. 


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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. 

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. 

SEC. 914. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR 

CIVILIAN AIRCRAFT. 

(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. 

SEC. 915. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER 

RESEARCH. 

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. 

Evaluation. 

Deadline. 

49 USC 44505 

note. 

Deadline. 

49 USC 44504 

note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 145 

SEC. 916. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED 

RESEARCH AND TRAINING IN THE USE OF ADVANCED 

MATERIALS IN TRANSPORT AIRCRAFT. 

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. 

(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. 

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 

Deadline. 

49 USC 44504 

note. 

49 USC 44504 

note. 


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126 STAT. 146 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. 

(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: 

‘‘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.’’. 

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.’’. 

45 USC 160a. 

Deadline. 

Statement. 

Study. 


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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: 

‘‘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 

Deadline. 

Recommendations. 

Time period. 

45 USC 165. 


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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. 

(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. 

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;’’. 

26 USC 4081 

note. 

26 USC 4081. 


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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. 

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: 

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

‘‘(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. 

26 USC 4043. 

26 USC 9502 

note. 

26 USC 9502. 


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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 ‘qualified 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),’’. 

26 USC 4082. 


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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. 

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. 

26 USC 7275 

note. 

26 USC 4261 

note. 

26 USC 4083 

note. 

26 USC 4043 

note. 

Termination 

date. 

Effective date. 

26 USC 4083. 


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126 STAT. 152 PUBLIC LAW 112–95—FEB. 14, 2012 

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

(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.— 

Time period. 

26 USC 408 note. 

26 USC 147 note. 

26 USC 147. 


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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 

Applicability. 


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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. 

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. 

SEC. 1108. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES 

OF SECTION 249. 

(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. 

26 USC 249 note. 

26 USC 4281. 

Applicability. 

26 USC 4281 

note. 


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PUBLIC LAW 112–95—FEB. 14, 2012 126 STAT. 155 

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 

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. 

Approved February 14, 2012. 


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