FAA Modernization and Reform Act of 2012
PL 112-95 (H.R.658), enacted 02/14/2012

126 STAT. 11 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 pro-
grams, 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 Mod-
ernization 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 air-
ports. 
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 Au-
thority. 
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 Develop-
ment 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 re-
source 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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126 STAT. 13 
PUBLIC LAW 112–95—FEB. 14, 2012 
Sec. 332. Integration of civil unmanned aircraft systems into national airspace sys-
tem. 
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 es-
sential air service. 
Sec. 425. Restoration of eligibility to a place determined to be ineligible for sub-
sidized 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 facili-
ties. 
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 unneces-
sary 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 pro-
gram. 
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 pro-
grams. 
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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126 STAT. 15 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 fol-
lows: 
‘‘§ 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 estab-
lished 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 sub-
paragraphs (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 there-
after, be equal to the sum of— 
Determination. 
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126 STAT. 17 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 sec-
tion.’’. 
(b) PILOT PROGRAM FOR PFC AUTHORIZATIONS AT NONHUB AIR-
PORTS.—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 improve-
ment 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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126 STAT. 19 
PUBLIC LAW 112–95—FEB. 14, 2012 
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.—Serv-
ices 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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126 STAT. 20 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(2) Reregistering, replacing, or renewing an aircraft reg-
istration certificate. 
‘‘(3) Issuing an original dealer’s aircraft registration certifi-
cate. 
‘‘(4) Issuing an additional dealer’s aircraft registration cer-
tificate (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 reg-
istration 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 pro-
viding 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 TRANSPOR-
TATION.—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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126 STAT. 21 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 require-
ments of section 112.8 of title 40, Code of Federal Regula-
tions. 
‘‘(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 provi-
sion 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 regula-
tions 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 para-
graphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through (22) as para-
graphs (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 pas-
senger 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 aero-
nautical 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 pas-
senger 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 air-
port; 
‘‘(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 condi-
tions 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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126 STAT. 23 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 trans-
ferred 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 Sec-
retary 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 pref-
erence, 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 assur-
ance made under this section or under any other provision 
of law as a condition for the receipt of Federal financial assist-
ance 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 para-
graph (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, respon-
sibilities, 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 deter-
mined 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, non-
commercial 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 occur-
ring 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 COMMU-
NITIES.—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 compensa-
tion 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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126 STAT. 25 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 appro-
priate regional or district office of the Federal Aviation 
Administration; 
‘‘(iii) the sponsor notifies the Secretary before author-
izing 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 AIR-
PORT 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 develop-
ment; 
‘‘(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 Sec-
retary 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 replace-
ment 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 pro-
ducing’’; 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 sys-
tems, 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 condi-
tions. 
‘‘(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 condi-
tions.’’; 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 con-
trolled by disabled veterans’’. 
Definition. 
Definition. 
Time period. 
Deadline. 
Reports. 
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126 STAT. 27 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 docu-
mentation of race and gender discrimination from numerous 
sources, including congressional hearings and roundtables, sci-
entific 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 busi-
ness owners and minority business owners in the racial groups 
detailed in parts 23 and 26 of title 49, Code of Federal Regula-
tions, 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 pro-
gram to address race and gender discrimination in airport- 
related business. 
(b) STANDARDIZING CERTIFICATION
OF DISADVANTAGED BUSI-
NESS 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 para-
graph (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 disadvan-
taged 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 sub-
section (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 Transpor-
tation 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 sub-
section (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 Fed-
eral 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 APPOR-
TIONMENT 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 provi-
sion of this subsection, the Secretary may apportion to an 
airport sponsor in a fiscal year an amount equal to the min-
imum 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 pas-
senger 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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126 STAT. 29 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 discre-
tionary 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 per-
cent 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 appor-
tioned 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 pas-
sengers; 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 per-
cent 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 appor-
tioned 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 pas-
sengers.’’. 
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 environ-
mental 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 pre-
ceding 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 diver-
sionary 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 regu-
lations 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 gen-
eral 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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126 STAT. 31 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 Sec-
retary may use, during such fiscal year, the amount not 
so required to carry out the program continued under para-
graph (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 fol-
lowing: 
‘‘§ 47129. Resolution of disputes concerning airport fees’’; 
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ after ‘‘CAR-
RIER’’ 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 sub-
section (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 Reauthor-
ization 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 par-
ticular 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 
note. 
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126 STAT. 33 
PUBLIC LAW 112–95—FEB. 14, 2012 
(2) in subsection (b)— 
(A) in paragraph (1) by striking the semicolon and 
inserting ‘‘; and’’; 
(B) by striking paragraph (2) and redesignating para-
graph (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 certifi-
cation of the airport under section 44706; 
‘‘(ii) all the security equipment required by regula-
tion; 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 NONREV-
ENUE-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 air-
port 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 com-
pleted; 
‘‘(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 ‘‘sec-
tion 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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126 STAT. 35 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 SYS-
TEMS. 
(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 pub-
lished 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 appor-
tioning 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 
note. 
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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 
TRANSPOR-
TATION 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 Transpor-
tation shall give priority to the following NextGen activities: 
(1) Next Generation Transportation System—Demonstra-
tions 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, Secu-
rity, and Environment. 
49 USC 40101 
note. 
49 USC 40101 
note. 
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126 STAT. 37 
PUBLIC LAW 112–95—FEB. 14, 2012 
(8) Next Generation Transportation System—Systems Net-
work 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 REIMBURS-
ABLE 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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126 STAT. 38 
PUBLIC LAW 112–95—FEB. 14, 2012 
Officer may receive a bonus for any calendar year not 
to exceed 30 percent of the annual rate of basic pay, based 
upon the Administrator’s evaluation of the Chief NextGen 
Officer’s performance in relation to the performance goals 
set forth in the performance agreement described in para-
graph (3). 
‘‘(3) ANNUAL
PERFORMANCE
AGREEMENT.—The Adminis-
trator and the Chief NextGen Officer, in consultation with 
the Federal Aviation Management Advisory Council, shall enter 
into an annual performance agreement that sets forth measur-
able 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 Transpor-
tation, 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 Adminis-
tration. 
‘‘(B) Coordinating the implementation of NextGen 
activities with the Office of Management and Budget. 
‘‘(C) Reviewing and providing advice on the Adminis-
tration’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 Administra-
tion 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 submis-
sion 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 coopera-
tion among all Federal agencies whose operations and 
interests are affected by the implementation of NextGen. 
‘‘(6) EXCEPTION.—If the Administrator appoints as the Chief 
NextGen Officer, pursuant to paragraph (1)(A), an Executive 
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126 STAT. 39 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 Transpor-
tation 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 dis-
tributing aeronautical and meteorological information to 
air traffic control facilities or aircraft; 
‘‘(D) communication, navigation, or surveillance equip-
ment 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 effi-
ciency. 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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126 STAT. 40 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(B) be merged with and available for the purposes 
of such appropriation; and 
‘‘(C) remain available until expended.’’. 
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT 
PLANNING AND DEVELOPMENT OFFICE. 
(a) REDESIGNATION OF JPDO DIRECTOR TO ASSOCIATE ADMINIS-
TRATOR.— 
(1) ASSOCIATE ADMINISTRATOR FOR NEXT GENERATION AIR 
TRANSPORTATION SYSTEM PLANNING, DEVELOPMENT, AND INTER-
AGENCY COORDINATION.—Section 709(a) of the Vision 100—Cen-
tury 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, Develop-
ment, 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 oper-
ational 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 enter-
prise 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 
note. 
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126 STAT. 41 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 budg-
etary 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 under-
standing 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. 
Designation. 
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126 STAT. 42 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(I) each Federal agency covered by the plan has suffi-
cient funds requested in the President’s budget, as sub-
mitted 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 antici-
pated 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 accom-
plishments, 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 
note. 
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126 STAT. 43 
PUBLIC LAW 112–95—FEB. 14, 2012 
research stage through the demonstration and implementa-
tion 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 implica-
tions 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 environ-
mental 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, Develop-
ment, and Interagency Coordination shall, as part of the design 
of the System, develop contingency plans for dealing with the deg-
radation 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 there-
after 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 summa-
rizing 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 
note. 
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126 STAT. 44 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 SERV-
ICES. 
(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 Administra-
tion, 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 require-
ments have been met by the contractor; 
(E) an assessment of whether the Administration and 
any contractors are meeting cost, schedule, and perform-
ance milestones, as measured against the original baseline 
of the Administration’s program for providing ADS–B serv-
ices; 
49 USC 40101 
note. 
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126 STAT. 45 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 oper-
ating in capacity constrained airspace, at capacity con-
strained airports, or in any other airspace deemed appro-
priate 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 con-
sultation 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 tech-
nology for surveillance and active air traffic control in 
specific regions of the United States with the most con-
gested airspace; 
(B) identify the equipment required at air traffic con-
trol facilities and the training required for air traffic 
controllers; 
Deadline. 
Deadline. 
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126 STAT. 46 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 human- 
system 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-inten-
sive 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 avia-
tion 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 oper-
ations, including the procedures to be developed, certified, 
and published and the air traffic control operational 
Publication. 
49 USC 40101 
note. 
49 USC 40101 
note. 
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126 STAT. 47 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 appro-
priate 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 oper-
ational 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 deter-
mined 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 ter-
minal 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 bene-
fits 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. 
Deadlines. 
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126 STAT. 48 
PUBLIC LAW 112–95—FEB. 14, 2012 
(A) not later than 18 months after the date of enact-
ment of this Act, 30 percent of the required procedures 
at OEP airports; 
(B) not later than 36 months after the date of enact-
ment 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 Adminis-
tration 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 naviga-
tion performance flight paths for public use (in this section 
referred to as ‘‘qualified third parties’’) that includes the fol-
lowing: 
(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 Adminis-
trator 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 naviga-
tion 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 ter-
minal environments, including in a mixed operational 
environment; 
Lists. 
Certification. 
Publication. 
Publication. 
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126 STAT. 49 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 deter-
mined 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 avail-
able 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 proce-
dures to be developed by qualified third parties, if 
applicable. 
(D) ADDITIONAL PROCEDURES FOR NON-OEP AIRPORTS.— 
A process for the identification, certification, and publica-
tion of additional required navigation performance proce-
dures 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 enact-
ment of this Act, 25 percent of the required procedures 
for non-OEP airports; 
(B) not later than 36 months after the date of enact-
ment 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 naviga-
tion procedures developed, certified, published, or implemented 
under this section shall be presumed to be covered by a categor-
ical 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 cir-
cumstances 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. 
Deadlines. 
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126 STAT. 50 
PUBLIC LAW 112–95—FEB. 14, 2012 
shall issue and file a categorical exclusion for the new proce-
dure. 
(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 Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a plan for implementation of a nationwide data commu-
nications 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 dis-
play 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 stand-
ards in a safe manner as a result of the implementation 
of such technologies. 
(2) AIRCRAFT
SEPARATION
STANDARDS.—If the Adminis-
trator 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 
note. 
Deadline. 
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126 STAT. 51 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 emis-
sions and fuel consumption; 
(11) the Administration’s unit cost of providing air traffic 
control services; and 
(12) runway safety, including runway incursions, oper-
ational errors, and loss of standard separation events. 
(b) BASELINES.—The Administrator, in consultation with avia-
tion 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 Administra-
tion and other appropriate media. 
(d) REPORT.—Not later than 180 days after the date of enact-
ment 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 Certifi-
cation 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 Adminis-
tration 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. 
Public 
information. 
Web posting. 
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126 STAT. 52 
PUBLIC LAW 112–95—FEB. 14, 2012 
SEC. 216. SURFACE SYSTEMS ACCELERATION. 
(a) IN GENERAL.—The Chief Operating Officer of the Air Traffic 
Organization shall— 
(1) evaluate the Airport Surface Detection Equipment- 
Model X program for its potential contribution to implementa-
tion of the NextGen initiative; 
(2) evaluate airport surveillance technologies and associ-
ated collaborative surface management software for potential 
contributions to implementation of NextGen surface manage-
ment; 
(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 Adminis-
trator 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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126 STAT. 53 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 Avia-
tion Administration, in conjunction with the Port Authority 
of New York and New Jersey and the Philadelphia Inter-
national 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 Metro-
politan 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 devel-
oping a publicly searchable, Internet Web-based resource that pro-
vides information regarding the height and latitudinal and longitu-
dinal locations of guy-wire and free-standing tower obstructions. 
(b) CONSIDERATIONS.—In conducting the study, the Adminis-
trator 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 appro-
priate 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 appro-
priate programs of the Administration, to enhance the research 
and development of NextGen technologies by academia and 
industry; and 
(2) provides educational, technical, and analytical assist-
ance 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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126 STAT. 54 
PUBLIC LAW 112–95—FEB. 14, 2012 
SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS. 
(a) IN GENERAL.—The Secretary may establish an avionics equi-
page incentive program for the purpose of equipping general avia-
tion 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, pro-
vided 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 guar-
antee 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 capabili-
ties for commercial and general aviation. 
(e) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to issue such financial instruments under this section shall 
terminate 5 years after the date of the establishment of the incen-
tive 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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126 STAT. 55 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 loca-
tions as needed), and simulators to allow for an increase in 
the number of air traffic controllers at air traffic control facili-
ties; 
(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 appro-
priate, priority to certified professional air traffic controllers- 
in-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 Gen-
eral 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 sub-
section (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 signifi-
cant 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 CERTIFI-
CATES 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 provi-
sion 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, pro-
peller, 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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126 STAT. 57 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(iii) making such data available will enhance avia-
tion 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 air-
craft, engine, propeller, or appliance. 
‘‘(C) REQUIREMENT TO MAINTAIN DATA.—The Adminis-
trator 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 fol-
lows: 
‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.— 
‘‘(1) ISSUANCE.—Beginning January 1, 2013, the Adminis-
trator may issue a certificate to a design organization, produc-
tion organization, or design and production organization to 
authorize the organization to certify compliance of aircraft, 
aircraft engines, propellers, and appliances with the require-
ments 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 produc-
tion 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 certifi-
cates 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 de-
sign 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 attend-
ant aboard an aircraft of an air carrier, unless that person 
has demonstrated to an individual qualified to determine pro-
ficiency 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 pro-
vide 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 para-
graph (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 Adminis-
trator of the Federal Aviation Administration. 
‘‘(b) FINAL RULE.—Not later than June 1, 2012, the Adminis-
trator 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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126 STAT. 59 
PUBLIC LAW 112–95—FEB. 14, 2012 
medical personnel, and passengers onboard helicopters providing 
air ambulance services under part 135. 
‘‘(c) MATTERS TO BE ADDRESSED.—In conducting the rule-
making 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 Adminis-
trator 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 heli-
copter 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 require-
ments; 
‘‘(ii) training subject areas, such as communica-
tions 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 com-
mand; 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 Adminis-
trator shall initiate the rulemaking under this subsection. 
‘‘(3) LIMITATION ON CONSTRUCTION.—Nothing in this sub-
section shall be construed to require the Administrator to pro-
pose 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 certifi-
cate issued under part 119 of title 14, Code of Federal Regula-
tions, that is authorized to conduct civil helicopter air ambu-
lance operations under part 135. 
‘‘§ 44731. Collection of data on helicopter air ambulance oper-
ations 
‘‘(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 appro-
priate. 
Deadlines. 
Reports. 
49 USC 44731. 
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126 STAT. 61 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 propri-
etary 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 Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report containing a summary of the data collected under sub-
section (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 crew-
member’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 there-
under.’’. 
(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 Avia-
tion 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 Transpor-
tation 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 para-
graph (1); and 
(B) recommendations regarding how to reduce distrac-
tions 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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126 STAT. 63 
PUBLIC LAW 112–95—FEB. 14, 2012 
part 145 repair stations when safety concerns warrant such 
inspections. 
‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The Adminis-
trator 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 agree-
ment. 
‘‘(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 Administra-
tion’s ability to identify and track where part 121 air carrier 
repair work is performed; 
‘‘(2) include a staffing model to determine the best place-
ment 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 safety- 
sensitive maintenance functions on part 121 air carrier aircraft 
are subject to an alcohol and controlled substances testing 
program determined acceptable by the Administrator and con-
sistent 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 inter-
national 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 col-
lected under the Flight Operational Quality Assurance Pro-
gram. 
49 USC 44735. 
Applicability. 
49 USC 44734. 
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126 STAT. 65 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(3) Reports, data, or other information developed under 
the Line Operations Safety Audit Program. 
‘‘(4) Reports, data, or other information produced or col-
lected 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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126 STAT. 66 
PUBLIC LAW 112–95—FEB. 14, 2012 
capacity for the purpose of research, development, operations, 
testing, or training; or 
‘‘(3) by an individual using a laser emergency signaling 
device to send an emergency distress signal. 
‘‘(d) AUTHORITY TO ESTABLISH ADDITIONAL EXCEPTIONS
BY 
REGULATION.—The Attorney General, in consultation with the Sec-
retary 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 Transpor-
tation 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 Adminis-
trator shall consider— 
(1) the expected number of applications for product certifi-
cations 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 Administra-
tion’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 certifi-
cation 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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126 STAT. 67 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 assess-
ment, 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 sub-
section (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 Air-
craft Certification Service and applicants and certificate and 
approval holders for the identification and resolution of poten-
tially 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. 
Recommenda- 
tions. 
Deadline. 
49 USC 44701 
note. 
Deadline. 
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126 STAT. 68 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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, pro-
vide 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 enact-
ment 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 Administra-
tion 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 Pro-
gram— 
(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 Transpor-
tation 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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126 STAT. 69 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 tech-
nologies 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 rec-
ommendations 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 Adminis-
trator shall consult with owners and operators of helicopters pro-
viding air ambulance services under such part 135 and aviation 
safety professionals to determine the benefits, financial consider-
ations, 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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126 STAT. 70 
PUBLIC LAW 112–95—FEB. 14, 2012 
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN WORK.—A per-
son may perform covered work on aircraft used to provide air 
transportation under part 121 of title 14, Code of Federal Regula-
tions, 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 oper-
ation 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 enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration 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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126 STAT. 71 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 enact-
ment of this Act, the Administrator shall— 
(1) provide to the Committee on Transportation and Infra-
structure 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 sec-
tion, 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 infrastruc-
ture; 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 identi-
fiers; and 
(B) are compliant with Federal Information Processing 
Standards-201 
(FIPS–201) 
or 
Personal 
Identity 
Verification-Interoperability Standards (PIV–I) for proc-
essing through security checkpoints into airport sterile 
areas. 
(d) TAMPERING.—To the extent practicable, the Administrator 
shall develop methods to determine or reveal whether any compo-
nent 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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126 STAT. 72 
PUBLIC LAW 112–95—FEB. 14, 2012 
(e) USE OF DESIGNEES.—The Administrator may use designees 
to carry out subsection (a) to the extent practicable in order to 
minimize the burdens on pilots. 
(f) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Adminis-
trator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the 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 AUTHORIZA-
TION.—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 con-
ducted. 
(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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126 STAT. 73 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 Transpor-
tation, in consultation with representatives of the aviation 
industry, Federal agencies that employ unmanned aircraft sys-
tems technology in the national airspace system, and the 
unmanned aircraft systems industry, shall develop a com-
prehensive plan to safely accelerate the integration of civil 
unmanned aircraft systems into the national airspace system. 
(2) CONTENTS OF PLAN.—The plan required under para-
graph (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 oper-
ation 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 sys-
tems 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 docu-
ment) 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 prac-
ticable, 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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126 STAT. 74 
PUBLIC LAW 112–95—FEB. 14, 2012 
(5) ROADMAP.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall approve and make 
available in print and on the Administration’s Internet Web 
site a 5-year roadmap for the introduction of civil unmanned 
aircraft systems into the national airspace system, as coordi-
nated by the Unmanned Aircraft Program Office of the Adminis-
tration. 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 sec-
tion 333 of this Act; 
(2) a notice of proposed rulemaking to implement the rec-
ommendations 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 infra-
structure 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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126 STAT. 75 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 subpara-
graph (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 rel-
evant 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 SYS-
TEMS. 
(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 rule-
making 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 deter-
mine, 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 authoriza-
tion, 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 sys-
tems may operate safely in the national airspace system, the Sec-
retary 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 enact-
ment of this Act, the Secretary of Transportation shall issue guid-
ance 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 imple-
ment 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 agree-
ments 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 para-
graph (1)— 
(i) provide for an expedited review of the applica-
tion; 
Deadline. 
Deadline. 
Deadline. 
49 USC 40101 
note. 
Determination. 
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126 STAT. 77 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 oper-
ated— 
(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 community- 
based 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 adminis-
tered 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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126 STAT. 78 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 dem-
onstrated 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 prede-
cessor 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 con-
cerning 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 regula-
tion, 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 fur-
ther 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 
Recommenda- 
tions. 
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126 STAT. 79 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(ii) the Director determines, in the course of an 
investigation, that the disclosure is required by regula-
tion, statute, or court order, or is otherwise unavoid-
able, in which case the Director shall provide the indi-
vidual 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, rec-
ommendations, 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 para-
graph (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 regula-
tion, 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 Depart-
ment of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO INSPECTOR GEN-
ERAL.—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 com-
plaints 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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126 STAT. 80 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(1) PROHIBITION.—A person holding an operating certifi-
cate issued under title 14, Code of Federal Regulations, may 
not knowingly employ, or make a contractual arrangement 
that permits, an individual to act as an agent or representative 
of the certificate holder in any matter before the Federal Avia-
tion Administration if the individual, in the preceding 2-year 
period— 
‘‘(A) served as, or was responsible for oversight of, 
a flight standards inspector of the Administration; and 
‘‘(B) had responsibility to inspect, or oversee inspection 
of, the operations of the certificate holder. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes 
of paragraph (1), an individual shall be considered to be acting 
as an agent or representative of a certificate holder in a matter 
before the Administration if the individual makes any written 
or oral communication on behalf of the certificate holder to 
the Administration (or any of its officers or employees) in 
connection with a particular matter, whether or not involving 
a specific party and without regard to whether the individual 
has participated in, or had responsibility for, the particular 
matter while serving as a flight standards inspector of the 
Administration.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall not apply to an individual employed by a certificate holder 
as of the date of enactment of this Act. 
SEC. 343. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
DATABASE. 
(a) REVIEWS.—The Administrator of the Federal Aviation 
Administration shall establish a process by which the air transpor-
tation oversight system database of the Administration is reviewed 
by regional teams of employees of the Administration, including 
at least one employee on each team representing aviation safety 
inspectors, on a monthly basis to ensure that— 
(1) any trends in regulatory compliance are identified; and 
(2) appropriate corrective actions are taken in accordance 
with Administration regulations, advisory directives, policies, 
and procedures. 
(b) MONTHLY TEAM REPORTS.— 
(1) IN GENERAL.—A regional team of employees conducting 
a monthly review of the air transportation oversight system 
database under subsection (a) shall submit to the Adminis-
trator, the Associate Administrator for Aviation Safety, and 
the Director of Flight Standards Service a report each month 
on the results of the review. 
(2) CONTENTS.—A report submitted under paragraph (1) 
shall identify— 
(A) any trends in regulatory compliance discovered by 
the team of employees in conducting the monthly review; 
and 
(B) any corrective actions taken or proposed to be 
taken in response to the trends. 
(c) BIANNUAL REPORTS TO CONGRESS.—The Administrator, on 
a biannual basis, shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate 
a report on the results of the reviews of the air transportation 
49 USC 44701 
note. 
49 USC 44711 
note. 
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126 STAT. 81 
PUBLIC LAW 112–95—FEB. 14, 2012 
oversight system database conducted under this section, including 
copies of reports received under subsection (b). 
SEC. 344. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM. 
(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM DEFINED.— 
In this section, the term ‘‘Voluntary Disclosure Reporting Program’’ 
means the program established by the Federal Aviation Administra-
tion through Advisory Circular 00–58A, dated September 8, 2006, 
including any subsequent revisions thereto. 
(b) VERIFICATION.—The Administrator of the Federal Aviation 
Administration shall modify the Voluntary Disclosure Reporting 
Program to require inspectors to— 
(1) verify that air carriers are implementing comprehensive 
solutions to correct the underlying causes of the violations 
voluntarily disclosed by such air carriers; and 
(2) confirm, before approving a final report of a violation, 
that a violation with the same root causes, has not been pre-
viously discovered by an inspector or self-disclosed by the air 
carrier. 
(c) SUPERVISORY REVIEW OF VOLUNTARY SELF-DISCLOSURES.— 
The Administrator shall establish a process by which voluntary 
self-disclosures received from air carriers are reviewed and approved 
by a supervisor after the initial review by an inspector. 
(d) INSPECTOR GENERAL STUDY.— 
(1) IN GENERAL.—The Inspector General of the Department 
of Transportation shall conduct a study of the Voluntary Disclo-
sure Reporting Program. 
(2) REVIEW.—In conducting the study, the Inspector Gen-
eral shall examine, at a minimum, if the Administration— 
(A) conducts comprehensive reviews of voluntary disclo-
sure reports before closing a voluntary disclosure report 
under the provisions of the program; 
(B) evaluates the effectiveness of corrective actions 
taken by air carriers; and 
(C) effectively prevents abuse of the voluntary disclo-
sure reporting program through its secondary review of 
self-disclosures before they are accepted and closed by the 
Administration. 
(3) REPORT
TO
CONGRESS.—Not later than 1 year after 
the date of enactment of this Act, the Inspector General shall 
submit to the Committee on Transportation and Infrastructure 
of the House of Representatives and Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study conducted under this section. 
SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE 
TO FLIGHT CREWMEMBERS. 
(a) RULEMAKING ON APPLICABILITY OF PART 121 DUTY PERIODS 
AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later 
than 180 days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall initiate a rule-
making proceeding, if such a proceeding has not already been 
initiated, to require a flight crewmember who is employed by an 
air carrier conducting operations under part 121 of title 14, Code 
of Federal Regulations, and who accepts an additional assignment 
for flying under part 91 of such title from the air carrier or from 
any other air carrier conducting operations under part 121 or 135 
of such title, to apply the period of the additional assignment 
Deadline. 
49 USC 44701 
note. 
49 USC 40123 
note. 
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126 STAT. 82 
PUBLIC LAW 112–95—FEB. 14, 2012 
(regardless of whether the assignment is performed by the flight 
crewmember before or after an assignment to fly under part 121 
of such title) toward any limitation applicable to the flight crew-
member relating to duty periods or flight times under part 121 
of such title. 
(b) RULEMAKING ON APPLICABILITY OF PART 135 DUTY PERIODS 
AND FLIGHT TIME LIMITATIONS TO PART 91 OPERATIONS.—Not later 
than 1 year after the date of enactment of this Act, the Adminis-
trator shall initiate a rulemaking proceeding to require a flight 
crewmember who is employed by an air carrier conducting oper-
ations under part 135 of title 14, Code of Federal Regulations, 
and who accepts an additional assignment for flying under part 
91 of such title from the air carrier or any other air carrier con-
ducting operations under part 121 or 135 of such title, to apply 
the period of the additional assignment (regardless of whether 
the assignment is performed by the flight crewmember before or 
after an assignment to fly under part 135 of such title) toward 
any limitation applicable to the flight crewmember relating to duty 
periods or flight times under part 135 of such title. 
(c) SEPARATE RULEMAKING PROCEEDINGS REQUIRED.—The rule-
making proceeding required under subsection (b) shall be separate 
from the rulemaking proceeding required under subsection (a). 
SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST 
REQUIREMENTS. 
The Administrator of the Federal Aviation Administration may 
not finalize the interpretation proposed in Docket No. FAA–2010– 
1259, relating to rest requirements, and published in the Federal 
Register on December 23, 2010. 
SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIA-
TION AIRCRAFT. 
(a) INSPECTION.—As part of the annual inspection of general 
aviation aircraft, the Administrator of the Federal Aviation 
Administration shall require a detailed inspection of each emer-
gency locator transmitter (in this section referred to as an ‘‘ELT’’) 
installed in general aviation aircraft operating in the United States 
to ensure that the ELT is mounted and retained in accordance 
with the manufacturer’s specifications. 
(b) MOUNTING AND RETENTION.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall determine 
if the ELT mounting requirements and retention tests specified 
by Technical Standard Orders C91a and C126 are adequate 
to assess retention capabilities in ELT designs. 
(2) REVISION.—Based on the determination under para-
graph (1), the Administrator shall make any necessary revisions 
to the requirements and retention tests referred to in paragraph 
(1) to ensure that ELTs are properly retained in the event 
of an aircraft accident. 
(c) REPORT.—Upon the completion of any revisions under sub-
section (b)(2), the Administrator shall submit a report on the 
implementation of this section to— 
(1) the Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Committee on Transportation and Infrastructure 
of the House of Representatives. 
Deadline. 
Determination. 
49 USC 44712 
note. 
Deadline. 
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126 STAT. 83 
PUBLIC LAW 112–95—FEB. 14, 2012 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
Subtitle A—Passenger Air Service 
Improvements 
SEC. 401. SMOKING PROHIBITION. 
(a) IN GENERAL.—Section 41706 is amended— 
(1) in the section heading by striking ‘‘scheduled’’ and 
inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and inserting the 
following: 
‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND INTRASTATE AIR 
TRANSPORTATION.—An individual may not smoke— 
‘‘(1) in an aircraft in scheduled passenger interstate or 
intrastate air transportation; or 
‘‘(2) in an aircraft in nonscheduled passenger interstate 
or intrastate air transportation, if a flight attendant is a 
required crewmember on the aircraft (as determined by the 
Administrator of the Federal Aviation Administration). 
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANSPORTATION.— 
The Secretary of Transportation shall require all air carriers and 
foreign air carriers to prohibit smoking— 
‘‘(1) in an aircraft in scheduled passenger foreign air 
transportation; and 
‘‘(2) in an aircraft in nonscheduled passenger foreign air 
transportation, if a flight attendant is a required crewmember 
on the aircraft (as determined by the Administrator or a foreign 
government).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 417 is 
amended by striking the item relating to section 41706 and inserting 
the following: 
‘‘41706. Prohibitions against smoking on passenger flights.’’. 
SEC. 402. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by adding at the 
end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall require an 
air carrier referred to in paragraph (2) to file with the Secretary 
a monthly report on each flight of the air carrier that is diverted 
from its scheduled destination to another airport and each 
flight of the air carrier that departs the gate at the airport 
at which the flight originates but is cancelled before wheels- 
off time. 
‘‘(2) APPLICABILITY.—An air carrier that is required to file 
a monthly airline service quality performance report pursuant 
to part 234 of title 14, Code of Federal Regulations, shall 
be subject to the requirement of paragraph (1). 
‘‘(3) CONTENTS.—A monthly report filed by an air carrier 
under paragraph (1) shall include, at a minimum, the following 
information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted flight; 
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126 STAT. 84 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(ii) the scheduled destination of the flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight was diverted; 
‘‘(v) wheels-on time at the diverted airport; 
‘‘(vi) the time, if any, passengers deplaned the 
aircraft at the diverted airport; and 
‘‘(vii) if the flight arrives at the scheduled destina-
tion airport— 
‘‘(I) the gate-departure time at the diverted 
airport; 
‘‘(II) the wheels-off time at the diverted air-
port; 
‘‘(III) the wheels-on time at the scheduled 
arrival airport; and 
‘‘(IV) the gate-arrival time at the scheduled 
arrival airport. 
‘‘(B) For flights cancelled after gate departure— 
‘‘(i) the flight number of the cancelled flight; 
‘‘(ii) the scheduled origin and destination airports 
of the cancelled flight; 
‘‘(iii) the date and time of the cancelled flight; 
‘‘(iv) the gate-departure time of the cancelled flight; 
and 
‘‘(v) the time the aircraft returned to the gate. 
‘‘(4) PUBLICATION.—The Secretary shall compile the 
information provided in the monthly reports filed pursuant 
to paragraph (1) in a single monthly report and publish such 
report on the Internet Web site of the Department of Transpor-
tation.’’. 
(b) EFFECTIVE DATE.—Beginning not later than 90 days after 
the date of enactment of this Act, the Secretary of Transportation 
shall require monthly reports pursuant to the amendment made 
by subsection (a). 
SEC. 403. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 is amended 
by adding at the end the following: 
‘‘§ 41724. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAGGAGE.—An air 
carrier providing air transportation shall permit a passenger 
to carry a violin, guitar, or other musical instrument in the 
aircraft cabin, without charging the passenger a fee in addition 
to any standard fee that carrier may require for comparable 
carry-on baggage, if— 
‘‘(A) the instrument can be stowed safely in a suitable 
baggage compartment in the aircraft cabin or under a 
passenger seat, in accordance with the requirements for 
carriage of carry-on baggage or cargo established by the 
Administrator; and 
‘‘(B) there is space for such stowage at the time the 
passenger boards the aircraft. 
‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAGGAGE.—An air 
carrier providing air transportation shall permit a passenger 
to carry a musical instrument that is too large to meet the 
requirements of paragraph (1) in the aircraft cabin, without 
49 USC 41724. 
49 USC 41708 
note. 
Reports. 
Web posting. 
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126 STAT. 85 
PUBLIC LAW 112–95—FEB. 14, 2012 
charging the passenger a fee in addition to the cost of the 
additional ticket described in subparagraph (E), if— 
‘‘(A) the instrument is contained in a case or covered 
so as to avoid injury to other passengers; 
‘‘(B) the weight of the instrument, including the case 
or covering, does not exceed 165 pounds or the applicable 
weight restrictions for the aircraft; 
‘‘(C) the instrument can be stowed in accordance with 
the requirements for carriage of carry-on baggage or cargo 
established by the Administrator; 
‘‘(D) neither the instrument nor the case contains any 
object not otherwise permitted to be carried in an aircraft 
cabin because of a law or regulation of the United States; 
and 
‘‘(E) the passenger wishing to carry the instrument 
in the aircraft cabin has purchased an additional seat 
to accommodate the instrument. 
‘‘(3) LARGE INSTRUMENTS AS CHECKED BAGGAGE.—An air 
carrier shall transport as baggage a musical instrument that 
is the property of a passenger traveling in air transportation 
that may not be carried in the aircraft cabin if— 
‘‘(A) the sum of the length, width, and height measured 
in inches of the outside linear dimensions of the instrument 
(including the case) does not exceed 150 inches or the 
applicable size restrictions for the aircraft; 
‘‘(B) the weight of the instrument does not exceed 
165 pounds or the applicable weight restrictions for the 
aircraft; and 
‘‘(C) the instrument can be stowed in accordance with 
the requirements for carriage of carry-on baggage or cargo 
established by the Administrator. 
‘‘(b) REGULATIONS.—Not later than 2 years after the date of 
enactment of this section, the Secretary shall issue final regulations 
to carry out subsection (a). 
‘‘(c) EFFECTIVE DATE.—The requirements of this section shall 
become effective on the date of issuance of the final regulations 
under subsection (b).’’. 
(b) CONFORMING AMENDMENT.—The analysis for such sub-
chapter is amended by adding at the end the following: 
‘‘41724. Musical instruments.’’. 
SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(s)(3) is amended to read as follows: 
‘‘(3) SUNSET PROVISION.—This subsection shall cease to be 
effective beginning October 1, 2015.’’. 
SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approximately 
1,450,000 members who are stationed on active duty at more 
than 6,000 military bases in 146 different countries; 
(2) the United States is indebted to the members of the 
Armed Forces, many of whom are in grave danger due to 
their engagement in, or exposure to, combat; 
(3) military service, especially in the current war against 
terrorism, often requires members of the Armed Forces to be 
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 com-
parable to the lowest airfare for ticketed flights and that 
eliminate to the maximum extent possible advance pur-
chase requirements; 
(B) seek to eliminate change fees or charges and any 
penalties; 
(C) seek to eliminate or reduce baggage and excess 
weight fees; 
(D) offer flexible terms that allow members to pur-
chase, modify, or cancel tickets without time restrictions, 
and to waive fees (including baggage fees), ancillary costs, 
or penalties; and 
(E) seek to take proactive measures to ensure that 
all airline employees, particularly those who issue tickets 
and respond to members of the Armed Forces and their 
family members, are trained in the policies of the airline 
aimed at benefitting members of the Armed Forces who 
are on leave or liberty. 
SEC. 406. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, 
AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Department of 
Transportation shall conduct a review regarding air carrier flight 
delays, cancellations, and associated causes to update the 2000 
report numbered CR–2000–112 and titled ‘‘Audit of Air Carrier 
Flight Delays and Cancellations’’. 
(b) ASSESSMENTS.—In conducting the review under subsection 
(a), the Inspector General shall assess— 
(1) the need for an update on delay and cancellation statis-
tics, including with respect to the number of chronically delayed 
flights and taxi-in and taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a reexamination of capacity benchmarks 
at the Nation’s busiest airports; 
(4) the impact of flight delays and cancellations on air 
travelers, including recommendations for programs that could 
be implemented to address the impact of flight delays on air 
travelers; 
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126 STAT. 87 
PUBLIC LAW 112–95—FEB. 14, 2012 
(5) the effect that limited air carrier service options on 
routes have on the frequency of delays and cancellations on 
such routes; 
(6) the effect of the rules and regulations of the Department 
of Transportation on the decisions of air carriers to delay or 
cancel flights; and 
(7) the impact of flight delays and cancellations on the 
airline industry. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Inspector General shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the review 
conducted under this section, including the assessments described 
in subsection (b). 
SEC. 407. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study to— 
(1) examine delays in the delivery of checked baggage to 
passengers of air carriers; and 
(2) assess the options for and examine the impact of estab-
lishing minimum standards to compensate a passenger in the 
case of an unreasonable delay in the delivery of checked bag-
gage. 
(b) CONSIDERATION.—In conducting the study, the Comptroller 
General shall take into account the additional fees for checked 
baggage that are imposed by many air carriers and how the addi-
tional fees should improve an air carrier’s baggage performance. 
(c) REPORT TO CONGRESS.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General shall 
transmit to Congress a report on the results of the study. 
SEC. 408. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS. 
The Secretary of Transportation may investigate consumer com-
plaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations concerning over-
booking seats on flights; 
(3) lost, damaged, or delayed baggage, and difficulties with 
related airline claims procedures; 
(4) problems in obtaining refunds for unused or lost tickets 
or fare adjustments; 
(5) incorrect or incomplete information about fares, discount 
fare conditions and availability, overcharges, and fare increases; 
(6) the rights of passengers who hold frequent flyer miles 
or equivalent redeemable awards earned through customer- 
loyalty programs; and 
(7) deceptive or misleading advertising. 
SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135. 
(a) STUDY REQUIRED.—The Administrator of the Federal Avia-
tion Administration, in consultation with interested parties, shall 
conduct a study of operators regulated under part 135 of title 
14, Code of Federal Regulations. 
(b) CONTENTS.—In conducting the study under subsection (a), 
the Administrator shall analyze the part 135 fleet in the United 
States, which shall include analysis of— 
49 USC 42302 
note. 
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126 STAT. 88 
PUBLIC LAW 112–95—FEB. 14, 2012 
(1) the size and type of aircraft in the fleet; 
(2) the equipment utilized by the fleet; 
(3) the hours flown each year by the fleet; 
(4) the utilization rates with respect to the fleet; 
(5) the safety record of various categories of use and aircraft 
types with respect to the fleet, through a review of the database 
of the National Transportation Safety Board; 
(6) the sales revenues of the fleet; and 
(7) the number of passengers and airports served by the 
fleet. 
(c) REPORT
TO CONGRESS.—Not later than 18 months after 
the date of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study 
conducted under subsection (a). 
SEC. 410. USE OF CELL PHONES ON PASSENGER AIRCRAFT. 
(a) CELL PHONE STUDY.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall conduct a study on the impact of 
the use of cell phones for voice communications in an aircraft 
during a flight in scheduled passenger air transportation where 
currently permitted by foreign governments in foreign air transpor-
tation. 
(b) CONTENTS.—The study shall include— 
(1) a review of foreign government and air carrier policies 
on the use of cell phones during flight; 
(2) a review of the extent to which passengers use cell 
phones for voice communications during flight; and 
(3) a summary of any impacts of cell phone use during 
flight on safety, the quality of the flight experience of pas-
sengers, and flight attendants. 
(c) COMMENT PERIOD.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall publish in the 
Federal Register the results of the study and allow 60 days for 
public comment. 
(d) CELL PHONE REPORT.—Not later than 270 days after the 
date of enactment of this Act, the Administrator shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study. 
SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 
CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish an advisory committee for aviation consumer protection to 
advise the Secretary in carrying out activities relating to airline 
customer service improvements. 
(b) MEMBERSHIP.—The Secretary shall appoint the members 
of the advisory committee, which shall be comprised of one rep-
resentative each of— 
(1) air carriers; 
(2) airport operators; 
(3) State or local governments with expertise in consumer 
protection matters; and 
(4) nonprofit public interest groups with expertise in con-
sumer protection matters. 
49 USC 42301 
prec. note. 
Deadline. 
Federal Register, 
publication. 
Deadline. 
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126 STAT. 89 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 pro-
grams 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 imple-
mented, the Secretary’s reason for not implementing the rec-
ommendation. 
(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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126 STAT. 90 
PUBLIC LAW 112–95—FEB. 14, 2012 
the airport so as not to exceed the maximum departure and arrival 
rate, the Administrator shall take such action as is necessary to 
ensure such reduction is implemented. 
(c) SUBSEQUENT SCHEDULE INCREASES.—Subsequent to any 
reduction in operations under subsection (a) or (b) at an airport, 
if the Administrator determines that the hourly number of aircraft 
operations at that airport is less than the amount that can be 
handled safely and efficiently, the Administrator shall ensure that 
priority is given to United States air carriers in permitting addi-
tional 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 sub-
section (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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126 STAT. 91 
PUBLIC LAW 112–95—FEB. 14, 2012 
National Airport as of the date of enactment of the FAA Mod-
ernization 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 perim-
eter described in section 49109; 
‘‘(C) shall be entitled to return of the slot by the Sec-
retary 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 con-
cerning the use of any exemption made available under 
paragraph (1). 
‘‘(4) NOTICES OF INTENT.—Notices of intent under para-
graph (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 car-
ried 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 addi-
tional slot exemptions under subsection (g) for service to air-
ports 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 consider-
ation 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 oper-
ations 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 sub-
section (g)(3) for an arrival permitted between the hours 
of 10:01 p.m. and 11:00 p.m. under this section shall dis-
continue 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 fee- 
for-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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126 STAT. 93 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘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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126 STAT. 94 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(i) an air traffic controller with authority over 
the aircraft advises the pilot in command that permit-
ting a passenger to deplane would significantly disrupt 
airport operations; or 
‘‘(ii) the pilot in command determines that permit-
ting a passenger to deplane would jeopardize passenger 
safety or security. 
‘‘(c) AIRPORT PLANS.—An emergency contingency plan sub-
mitted by an airport operator under subsection (a) shall contain 
a description of how the operator, to the maximum extent prac-
ticable, 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 emer-
gency contingency plan submitted by the carrier under sub-
section (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 oper-
ator 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 experi-
ences 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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126 STAT. 95 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 pas-
sengers 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 estab-
lish 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 Protec-
tion 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 sub-
section (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 transpor-
tation 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 pas-
senger 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 pro-
vided, 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.—Sub-
paragraphs (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 there-
after, 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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126 STAT. 97 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 com-
pensation 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 ELIGI-
BILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE. 
Section 41733 is amended by adding at the end the following: 
‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGI-
BILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify each commu-
nity 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 pas-
senger 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 com-
pensation that would not exceed the subsidy cap. 
‘‘(3) ASSISTANCE PROVIDED.—The Secretary shall provide, 
by order, information to each community notified under para-
graph (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 enact-
ment 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 govern-
ment 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 Sec-
retary 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 CON-
TRACTS.— 
(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 compensa-
tion 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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126 STAT. 99 
PUBLIC LAW 112–95—FEB. 14, 2012 
(c) SUBSIDY CAP.—Subject to the availability of funds, the Sec-
retary may waive, on a case-by-case basis, the subsidy-per-pas-
senger 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 com-
pensation 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 connec-
tions 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 perform-
ance and community satisfaction with air service for which com-
pensation 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 author-
ized’’; 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 author-
ized 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 Reauthor-
ization 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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126 STAT. 101 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 with-
draw 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 manage-
ment 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 oper-
ations 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 Adminis-
trator 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 termi-
nated 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 oper-
ating 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 Adminis-
trator 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 oper-
ations 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 sub-
sections (e), (f), and (g), respectively; and 
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126 STAT. 103 
PUBLIC LAW 112–95—FEB. 14, 2012 
(2) by inserting after subsection (c) the following: 
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 
‘‘(1) REPORT.—Each commercial air tour operator con-
ducting 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 facili-
tate 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 environ-
mental requirements’’. 
(c) ENVIRONMENTAL ANALYSIS
AND COORDINATION REQUIRE-
MENTS.—Section 47128 is amended by adding at the end the fol-
lowing: 
‘‘(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 comple-
tion 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 comple-
tion of environmental activities associated with new or amended 
flight procedures, including performance-based navigation 
procedures, such as required navigation performance proce-
dures and area navigation procedures.’’. 
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCE-
DURES. 
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 compat-
ibility 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 proce-
dures at such airport that have been approved as part of 
an airport noise compatibility program under subsection (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Not-
withstanding 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 sec-
tion or chapter 471, the Secretary shall ensure that the appraisal 
of the property to be acquired disregards any decrease or increase 
in the fair market value of the real property caused by the project 
for which the property is to be acquired, or by the likelihood 
that the property would be acquired for the project, other than 
that due to physical deterioration within the reasonable control 
of the owner.’’. 
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126 STAT. 105 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 experi-
mental 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 tem-
porary 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 contig-
uous 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 air-
craft 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 regula-
tions or other guidance as may be necessary for the implementation 
of this section. 
‘‘(e) STATUTORY CONSTRUCTION.— 
‘‘(1) AIP GRANT
ASSURANCES.—Noncompliance with sub-
section (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 enact-
ment 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 PRO-
GRAM. 
(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 public- 
use 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 avia-
tion 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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126 STAT. 107 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 particu-
larly 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 estab-
lish 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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126 STAT. 108 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 car-
rying 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 car-
rying out such activities. 
‘‘(2) USE OF UNIVERSITY TRANSPORTATION CENTER.—Partici-
pants 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 Infra-
structure 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 estab-
lished 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 partici-
pants in the program is transferred among the participants 
and to other interested parties, including other public-use air-
ports. 
(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 CONSOR-
TIUM’’ and inserting ‘‘UNIVERSITY
TRANSPORTATION
CENTER’’; 
and 
(2) by striking ‘‘an eligible consortium’’ and inserting ‘‘a 
university transportation center’’. 
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126 STAT. 109 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 estab-
lish 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 sub-
section (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 para-
graph (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 MANAGE-
MENT 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 bar-
gaining 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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126 STAT. 110 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(B) MID-TERM BARGAINING.—If the services of the Fed-
eral Mediation and Conciliation Service under subpara-
graph (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 bar-
gaining 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 pre-
pare 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 arbitra-
tors are unable to agree on the third person in 7 
days, the parties shall make the selection by alter-
nately striking names on the list until one arbitrator 
remains. 
‘‘(iii) FRAMING ISSUES IN CONTROVERSY.—If the par-
ties 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 oppor-
tunity 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 arbitra-
tion board shall take into consideration such factors 
as— 
Deadline. 
List. 
Deadlines. 
Submission. 
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126 STAT. 111 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(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 vol-
untary 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 semi-
colon; 
(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 Distin-
guished 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 Fed-
eral Aviation Administration executive; 
‘‘(III) the term ‘career appointee’ means a Fed-
eral 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 Meri-
torious 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 Adminis-
tration 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 indi-
vidual 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 Administra-
tion 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 grad-
uates of CTI programs. 
(c) REPORT.—Not later than 180 days after the date of enact-
ment 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 Administra-
tion shall commission an independent study on frontline manager 
staffing requirements in air traffic control facilities. 
(b) CONSIDERATIONS.—In conducting the study, the Adminis-
trator may take into consideration— 
(1) the managerial tasks expected to be performed by front-
line 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 appro-
priate. 
(c) PARTICIPATION.—The Administrator shall ensure the partici-
pation 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 Organiza-
tion. 
(e) REPORT.—Not later than 9 months after the date of enact-
ment 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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126 STAT. 113 
PUBLIC LAW 112–95—FEB. 14, 2012 
Representatives a report on the results of the study and a descrip-
tion 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 Avia-
tion Administration shall conduct a study to assess the ade-
quacy 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 enact-
ment of this Act, the Administrator shall submit to the Com-
mittee 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 representa-
tive 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 Adminis-
trator 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. 
Recommenda- 
tions. 
Deadline. 
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126 STAT. 114 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 representa-
tive 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 sub-
section (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 require-
ments 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 com-
pensation 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 evalu-
ates the effectiveness of the air traffic control specialist quali-
fication training provided pursuant to this section, including 
the graduation rates of candidates who received a CTO certifi-
cate and are working in airport traffic control facilities. 
‘‘(4) ADDITIONAL
APPOINTMENTS.—If the Administrator 
determines that air traffic control specialists appointed pursu-
ant 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 edu-
cational entity that provides training to an air traffic con-
trol specialist candidate to cover reasonable travel expenses 
Determination. 
Consultation. 
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126 STAT. 115 
PUBLIC LAW 112–95—FEB. 14, 2012 
of the Administrator associated with issuing certifications 
to such candidates. 
‘‘(B) 
TREATMENT
OF
REIMBURSEMENTS.—Notwith-
standing 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 reimburse-
ment 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 produc-
tivity, 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 Corpora-
tion that support the staffing standards models for the en 
route air traffic control environment; and 
(3) consideration of the Administration’s current and esti-
mated 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 avail-
able to satisfy the air traffic controller competencies identi-
fied 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 develop-
mental air traffic controllers that can be accommodated at 
each facility, based on— 
(A) the number of available on-the-job training instruc-
tors; 
(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 sched-
uling practices. 
(1) CONTENTS.—The assessment shall include, at a min-
imum— 
(A) an analysis of how air traffic controller schedules 
are determined; 
(B) an evaluation of how safety is taken into consider-
ation 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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126 STAT. 117 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 tech-
niques 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 renova-
tion 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 Comp-
troller General shall make such recommendations as the Comp-
troller 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 Adminis-
trator, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastruc-
ture 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 fol-
lowing: ‘‘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, protec-
tive 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 reposi-
tory 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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126 STAT. 119 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(B) to receive relevant criminal history record informa-
tion 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 investiga-
tions. 
‘‘(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 serv-
ices. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator shall des-
ignate, 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 fol-
lowing: ‘‘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 Avia-
tion 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 realign-
ment 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 Adminis-
trator (or the Administrator’s designee)— 
(A) in coordination with the Chief NextGen Officer 
and the Chief Operating Officer of the Air Traffic Organiza-
tion of the FAA; and 
(B) with the participation of— 
(i) representatives of labor organizations rep-
resenting 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 Adminis-
trator 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 Adminis-
trator 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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126 STAT. 121 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 para-
graph (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 posi-
tions; 
(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 AIR-
CRAFT. 
(a) STUDY.—Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administra-
tion, in consultation with appropriate air carriers, aircraft manufac-
turers, and air carrier labor representatives, shall conduct a study 
to assess the feasibility of developing a physical means, or a com-
bination 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, REDUN-
DANT, 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 elimi-
nating 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 acces-
sible 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 sys-
tems. 
(b) CONTENTS.—In conducting the study, the Administrator 
shall examine the following: 
Deadline. 
Reports. 
Determination. 
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126 STAT. 123 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 recommenda-
tions 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 pas-
senger 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 Rep-
resentatives 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 expe-
dited 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 identi-
fied 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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126 STAT. 125 
PUBLIC LAW 112–95—FEB. 14, 2012 
to comply with applicable design and safety standards of 
the Administration; and 
(B) appropriately adjusts such costs to account for infla-
tion; 
(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 sup-
porting 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 regula-
tions 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 Adminis-
tration, 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 cost- 
effective 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 Fed-
eral 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 Infrastruc-
ture 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 cata-
strophic flooding. 
(b) ELIGIBILITY
OF DEMOLITION
AND REBUILDING
OF PROP-
ERTIES.—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 Avia-
tion Administration shall take such actions as the Adminis-
trator 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 INFORMA-
TION.—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 Administra-
tion 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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126 STAT. 127 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 restric-
tions 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 Develop-
ment 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 develop-
ment, improvement, operation, or maintenance of a public air-
port 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 Com-
mittee 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 Representa-
tives a report that identifies— 
(1) the current and anticipated, with respect to the next 
decade, need by civil aviation, including equipment manufactur-
ers, 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 require-
ments 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 transpor-
tation. 
SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROP-
ERTIES. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration 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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126 STAT. 129 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 partici-
pate in the pilot program if— 
(1) the operator has received approval for a noise compat-
ibility 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 neigh-
boring 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 juris-
dictions. 
(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 jurisdic-
tions 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 regula-
tions 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 repay-
ment 
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 redevelop-
ment 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 REQUIRE-
MENTS.—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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126 STAT. 130 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 obliga-
tions 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 compat-
ibility 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 public- 
use airport. 
(j) USE OF PASSENGER REVENUE.—An airport operator partici-
pating 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 Administra-
tion 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 begin-
ning 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 compli-
ance 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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126 STAT. 131 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 trans-
porting the cylinders to their destination; 
(2) each cylinder is fully covered with a fire- or flame- 
resistant 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 sub-
section (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 cyl-
inders to a delivery destination that does not receive cargo- 
only service at least once a week. 
(d) DESCRIPTION OF REGULATORY REQUIREMENTS.—The regula-
tions described in this subsection are the regulations of the Pipeline 
and Hazardous Materials Safety Administration contained in sec-
tions 
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 Regula-
tions. 
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, author-
izing, or recommending a specific amount of discretionary budget 
authority, credit authority, or other spending authority for a con-
tract, 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 Avia-
tion Administration has more than 90 percent of applicable appro-
priated 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 Administra-
tion 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 Administra-
tion 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 unobli-
gated 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 defini-
tions apply: 
‘‘(A) ADVANCED
IMAGING
TECHNOLOGY.—The term 
‘advanced imaging technology’— 
‘‘(i) means a device used in the screening of pas-
sengers 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 ‘whole- 
body 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 Secu-
rity 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 soft-
ware 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 pas-
sengers 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 pri-
vacy 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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126 STAT. 133 
PUBLIC LAW 112–95—FEB. 14, 2012 
‘‘(i) an advanced imaging technology equipped with 
automatic target recognition software is not substan-
tially as effective at screening passengers as an 
advanced imaging technology without such software; 
or 
‘‘(ii) additional testing of such software is nec-
essary. 
‘‘(B) DURATION
OF
EXTENSIONS.—The Assistant Sec-
retary may issue one or more extensions under subpara-
graph (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 sub-
section. 
‘‘(B) ELEMENTS.—A report submitted under subpara-
graph (A) shall include the following: 
‘‘(i) A description of all matters the Assistant Sec-
retary considers relevant to the implementation of the 
requirements of this subsection. 
‘‘(ii) The status of compliance by the Transpor-
tation Security Administration with such require-
ments. 
‘‘(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 require-
ments of the ICAO Technical Instructions. 
(b) EXCEPTIONS.— 
(1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding sub-
section (a), the Secretary may enforce the prohibition on trans-
porting 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 regu-
latory or investigating body that demonstrates that the pres-
ence 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 Tech-
nical Instructions, that governs the transportation by air-
craft 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 Tech-
nical Instructions, that governs the transportation by air-
craft 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 require-
ments while adequately addressing identified defi-
ciencies. 
(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 Occupa-
tional Safety and Health Administration, in a report to Con-
gress— 
(A) for the completion of work begun under the August 
2000 memorandum of understanding between the Adminis-
trations; and 
(B) to address issues that need further action, as set 
forth in the December 2000 joint report of the Administra-
tions; 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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126 STAT. 135 
PUBLIC LAW 112–95—FEB. 14, 2012 
Safety and Health Administration may be applied to crew-
members 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 fol-
lows: 
‘‘(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-effi-
ciency 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 sub-
section (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 Home-
land Security of the House of Representatives a copy of 
any report provided to an airport operator under subpara-
graph (A).’’. 
(b) WAIVERS.—Section 44920(d) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (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 imple-
mented 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 pursu-
ant 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 Feb-
ruary 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 applica-
tion; 
(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 Sec-
retary 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 oper-
ator 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 Home-
land Security of the House of Representatives a copy of 
any report provided to an airport operator under subpara-
graph (A). 
Records. 
Applicability. 
Time period. 
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126 STAT. 137 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 para-
graphs (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 Fac-
tors. 
‘‘(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 Tech-
nologies, 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 
Trans-
formation. 
(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 ‘‘institu-
tion 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 Aero-
nautics 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 appro-
priate, 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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126 STAT. 139 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 proce-
dures 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 Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation 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 coopera-
tive 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 Presi-
dent’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 sec-
tion 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 environ-
ment, 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 transpor-
tation system. 
(b) ACTIVITIES.—Activities conducted under this section may 
include the following: 
(1) Research, development, and evaluation of training pro-
grams for air traffic controllers, aviation safety inspectors, air-
way transportation safety specialists, and engineers. 
(2) Research and development of best practices for recruit-
ment 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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126 STAT. 141 
PUBLIC LAW 112–95—FEB. 14, 2012 
(4) Research and the development of a comprehensive 
assessment of the airframe and power plant technician certifi-
cation 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 ENVIRON-
MENT. 
(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 sub-
section (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 sub-
section (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 enact-
ment 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 TECH-
NOLOGY 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 reimburs-
able agreements with other Federal agencies. 
(c) PARTICIPATION IN PROGRAM.— 
(1) PARTICIPATION OF EDUCATIONAL AND RESEARCH INSTITU-
TIONS.—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 produc-
tion, 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 EXCEL-
LENCE.— 
(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 Part-
nership for Air Transportation Noise and Emission Reduc-
tion FAA Center of Excellence. 
Deadline. 
49 USC 44504 
note. 
Recommenda- 
tions. 
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126 STAT. 143 
PUBLIC LAW 112–95—FEB. 14, 2012 
SEC. 912. REVIEW OF FAA’S ENERGY-RELATED AND ENVIRONMENT- 
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 FAA energy-related and environment-related research programs. 
The review shall assess whether— 
(1) the programs have well-defined, prioritized, and appro-
priate research objectives; 
(2) the programs are properly coordinated with the energy- 
related 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 enact-
ment 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 appro-
priate research objectives; 
(2) the programs are properly coordinated with the safety 
research programs of NASA and other relevant Federal agen-
cies; 
(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 fac-
tors. 
(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 enact-
ment 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 agree-
ments 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 EXCEL-
LENCE.—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 require-
ments 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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126 STAT. 145 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 Reauthor-
ization 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 SUP-
PLIED 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 por-
tion 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 Com-
mittee 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 arrange-
ment for an independent external review of the enterprise architec-
ture 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 human- 
system 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 initi-
ation of the study, a report on the study shall be submitted to 
the Administrator and the Committee on Science, Space, and Tech-
nology 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 regula-
tions 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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126 STAT. 147 
PUBLIC LAW 112–95—FEB. 14, 2012 
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 representa-
tive 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, oper-
ations, 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 nec-
essary by the Comptroller General or the appropriate congres-
sional committees. 
‘‘(2) RESPONSIBILITY OF COMPTROLLER GENERAL.—In car-
rying out the evaluation and audit required under paragraph 
(1), the Comptroller General shall evaluate and audit the pro-
grams, 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. 
Recommenda- 
tions. 
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 con-
ducted 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 con-
sistent 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, Edu-
cation, 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 ‘‘Sep-
tember 30, 2015’’. 
(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) is 
amended by striking ‘‘February 17, 2012’’ and inserting ‘‘Sep-
tember 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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126 STAT. 149 
PUBLIC LAW 112–95—FEB. 14, 2012 
(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 PRO-
GRAMS. 
(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 FRAC-
TIONAL 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 owner-
ship 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 Regula-
tions, 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 serv-
ices 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 air-
craft, 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 arrange-
ment 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 ‘quali-
fied fractional owner’ means any fractional owner which 
has a minimum fractional ownership interest in at least 
one fractional program aircraft. 
‘‘(B) MINIMUM FRACTIONAL OWNERSHIP INTEREST.—The 
term ‘minimum fractional ownership interest’ means, with 
respect to each type of aircraft— 
‘‘(i) a fractional ownership interest equal to or 
greater than 1/16 of at least 1 subsonic, fixed wing, 
or powered lift aircraft, or 
‘‘(ii) a fractional ownership interest equal to or 
greater than 1/32 of at least 1 rotorcraft aircraft. 
‘‘(C) FRACTIONAL
OWNERSHIP
INTEREST.—The term 
‘fractional ownership interest’ means— 
‘‘(i) the ownership of an interest in a fractional 
program aircraft, 
‘‘(ii) the holding of a multi-year leasehold interest 
in a fractional program aircraft, or 
‘‘(iii) the holding of a multi-year leasehold interest 
which is convertible into an ownership interest in a 
fractional program aircraft. 
‘‘(D) FRACTIONAL OWNER.—The term ‘fractional owner’ 
means any person owning any interest (including the entire 
interest) in a fractional program aircraft. 
‘‘(4) DRY-LEASE AIRCRAFT EXCHANGE.—The term ‘dry-lease 
aircraft exchange’ means an agreement, documented by the 
written program agreements, under which the fractional pro-
gram aircraft are available, on an as needed basis without 
crew, to each fractional owner. 
‘‘(5) SPECIAL RULE RELATING TO USE OF FRACTIONAL PRO-
GRAM 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 frac-
tional 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 redesig-
nating 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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126 STAT. 151 
PUBLIC LAW 112–95—FEB. 14, 2012 
(4) CLERICAL AMENDMENT.—The table of sections for sub-
chapter 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
NON- 
COMMERCIAL 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 con-
sumed 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 AIR-
CRAFT 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 sub-
section: 
‘‘(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 attrib-
utable to the taxes imposed by subsection (a), (b), or (c) of 
section 4261 in the disclosure of the amount paid for transpor-
tation 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 EMER-
GENCY 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 med-
ical 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 PAY-
MENT 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 tradi-
tional 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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126 STAT. 153 
PUBLIC LAW 112–95—FEB. 14, 2012 
(A) IN GENERAL.—The aggregate amount of airline pay-
ment 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 para-
graph (2) shall not be taken into account. 
(5) COVERED EXECUTIVES NOT ELIGIBLE TO MAKE TRANS-
FERS.—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 sec-
tion— 
(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 air-
line 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 restric-
tions 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 per-
mitted 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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126 STAT. 155 
PUBLIC LAW 112–95—FEB. 14, 2012 
LEGISLATIVE HISTORY—H.R. 658 (S. 223): 
HOUSE REPORTS: Nos. 112–29, Pts. 1 and 2 (Comm. on Transportation and Infra-
structure) 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. 
TITLE XII—COMPLIANCE WITH STATU-
TORY 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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