AN ACTTo amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. [49 U.S.C. 40101 note] SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.—This Act may be cited as the “FAA Modernization and Reform Act of 2012”. (b) Table of Contents.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to title 49, United States Code. Sec. 3. Effective date. TITLE I—AUTHORIZATIONS Subtitle A—Funding of FAA Programs Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Air navigation facilities and equipment. Sec. 103. FAA operations. Sec. 104. Funding for aviation programs. Sec. 105. Delineation of Next Generation Air Transportation System projects. Subtitle B—Passenger Facility Charges Sec. 111. Passenger facility charges. Sec. 112. GAO study of alternative means of collecting PFCs. Sec. 113. Qualifications-based selection. Subtitle C—Fees for FAA Services Sec. 121. Update on overflights. Sec. 122. Registration fees. Subtitle D—Airport Improvement Program Modifications Sec. 131. Airport master plans. Sec. 132. AIP definitions. Sec. 133. Recycling plans for airports. Sec. 134. Contents of competition plans. Sec. 135. Grant assurances. Sec. 136. Agreements granting through-the-fence access to general aviation airports. Sec. 137. Government share of project costs. Sec. 138. Allowable project costs. Sec. 139. Veterans’ preference. Sec. 140. Minority and disadvantaged business participation. Sec. 141. Special apportionment rules. Sec. 142. United States territories minimum guarantee. Sec. 143. Reducing apportionments. Sec. 144. Marshall Islands, Micronesia, and Palau. Sec. 145. Use of apportioned amounts. Sec. 146. Designating current and former military airports. Sec. 147. Contract tower program. Sec. 148. Resolution of disputes concerning airport fees. Sec. 149. Sale of private airports to public sponsors. Sec. 150. Repeal of certain limitations on Metropolitan Washington Airports Authority. Sec. 151. Midway Island Airport. Sec. 152. Miscellaneous amendments. Sec. 153. Extension of grant authority for compatible land use planning and projects by State and local governments. [Sec. 154—Repealed] 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—Repealed] Sec. 203. Clarification of authority to enter into reimbursable agreements. Sec. 204. Chief NextGen Officer. Sec. 205. Definition of air navigation facility. Sec. 206. Clarification to acquisition reform authority. Sec. 207. Assistance to foreign aviation authorities. Sec. 208. Next Generation Air Transportation System Joint Planning and Development Office. Sec. 209. Next Generation Air Transportation Senior Policy Committee. Sec. 210. Improved management of property inventory. Sec. 211. Automatic dependent surveillance-broadcast services. Sec. 212. Expert review of enterprise architecture for NextGen. Sec. 213. Acceleration of NextGen technologies. Sec. 214. Performance metrics. Sec. 215. Certification standards and resources. Sec. 216. Surface systems acceleration. Sec. 217. Inclusion of stakeholders in air traffic control modernization projects. Sec. 218. Airspace redesign. Sec. 219. Study on feasibility of development of a public internet web-based resource on locations of potential aviation obstructions. Sec. 220. NextGen research and development center of excellence. Sec. 221. Public-private partnerships. Sec. 222. Operational incentives. Sec. 223. Educational requirements. Sec. 224. Air traffic controller staffing initiatives and analysis. Sec. 225. Reports on status of greener skies project. TITLE III—SAFETY Subtitle A—General Provisions Sec. 301. Judicial review of denial of airman certificates. Sec. 302. Release of data relating to abandoned type certificates and supplemental type certificates. Sec. 303. Design and production organization certificates. Sec. 304. Cabin crew communication. Sec. 305. Line check evaluations. Sec. 306. Safety of air ambulance operations. Sec. 307. Prohibition on personal use of electronic devices on flight deck. Sec. 308. Inspection of repair stations located outside the United States. Sec. 309. Enhanced training for flight attendants. Sec. 310. Limitation on disclosure of safety information. Sec. 311. Prohibition against aiming a laser pointer at an aircraft. Sec. 312. Aircraft certification process review and reform. Sec. 313. Consistency of regulatory interpretation. Sec. 314. Runway safety. Sec. 315. Flight Standards Evaluation Program. Sec. 316. Cockpit smoke. Sec. 317. Off-airport, low-altitude aircraft weather observation technology. Sec. 318. Feasibility of requiring helicopter pilots to use night vision goggles. Sec. 319. Maintenance providers. Sec. 320. Study of air quality in aircraft cabins. [Sec. 321—Repealed] Subtitle B—Unmanned Aircraft Systems Sec. 331. Definitions. [Sec. 332—Repealed] [Sec. 333—Repealed] [Sec. 334—Repealed] Sec. 335. Safety studies. [Sec. 336—Repealed] 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—Repealed] Sec. 346. Certain existing flight time limitations and rest requirements. Sec. 347. Emergency locator transmitters on general aviation aircraft. TITLE IV—AIR SERVICE IMPROVEMENTS Subtitle A—Passenger Air Service Improvements Sec. 401. Smoking prohibition. Sec. 402. Monthly air carrier reports. Sec. 403. Musical instruments. Sec. 404. Extension of competitive access reports. Sec. 405. Airfares for members of the Armed Forces. Sec. 406. Review of air carrier flight delays, cancellations, and associated causes. Sec. 407. Compensation for delayed baggage. Sec. 408. DOT airline consumer complaint investigations. Sec. 409. Study of operators regulated under part 135. Sec. 410. Use of cell phones on passenger aircraft. Sec. 411. Establishment of advisory committee for aviation consumer protection. Sec. 412. Disclosure of seat dimensions to facilitate the use of child safety seats on aircraft. Sec. 413. Schedule reduction. Sec. 414. Ronald Reagan Washington National Airport slot exemptions. Sec. 415. Passenger air service improvements. Subtitle B—Essential Air Service Sec. 421. Limitation on essential air service to locations that average fewer than 10 enplanements per day. Sec. 422. Essential air service eligibility. Sec. 423. Essential air service marketing. Sec. 424. Notice to communities prior to termination of eligibility for subsidized essential air service. Sec. 425. Restoration of eligibility to a place determined to be ineligible for subsidized essential air service. Sec. 426. Adjustments to compensation for significantly increased costs. Sec. 427. Essential air service contract guidelines. Sec. 428. Essential air service reform. Sec. 429. Small community air service. Sec. 430. Repeal of essential air service local participation program. Sec. 431. Extension of final order establishing mileage adjustment eligibility. TITLE V—ENVIRONMENTAL STREAMLINING Sec. 501. Overflights of national parks. Sec. 502. State block grant program. Sec. 503. Airport funding of special studies or reviews. Sec. 504. Grant eligibility for assessment of flight procedures. Sec. 505. Determination of fair market value of residential properties. Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels. Sec. 507. Aircraft departure queue management pilot program. Sec. 508. High performance, sustainable, and cost-effective air traffic control facilities. Sec. 509. Sense of Congress. Sec. 510. Aviation noise complaints. Sec. 511. Pilot program for zero-emission airport vehicles. Sec. 512. Increasing the energy efficiency of airport power sources. TITLE VI—FAA EMPLOYEES AND ORGANIZATION Sec. 601. Federal Aviation Administration personnel management system. Sec. 602. Presidential rank award program. Sec. 603. Collegiate training initiative study. Sec. 604. Frontline manager staffing. Sec. 605. FAA technical training and staffing. Sec. 606. Safety critical staffing. Sec. 607. Air traffic control specialist qualification training. Sec. 608. FAA air traffic controller staffing. Sec. 609. Air traffic controller training and scheduling. Sec. 610. FAA facility conditions. Sec. 611. Technical correction. TITLE VII—AVIATION INSURANCE Sec. 701. General authority. Sec. 702. Extension of authority to limit third-party liability of air carriers arising out of acts of terrorism. Sec. 703. Clarification of reinsurance authority. Sec. 704. Use of independent claims adjusters. TITLE VIII—MISCELLANEOUS Sec. 801. Disclosure of data to Federal agencies in interest of national security. Sec. 802. FAA authority to conduct criminal history record checks. Sec. 803. Civil penalties technical amendments. Sec. 804. Consolidation and realignment of FAA services and facilities. Sec. 805. Limiting access to flight decks of all-cargo aircraft. Sec. 806. Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format. Sec. 807. Prohibition on use of certain funds. Sec. 808. Study on aviation fuel prices. Sec. 809. Wind turbine lighting. Sec. 810. Air-rail code sharing study. Sec. 811. D.C. Metropolitan Area Special Flight Rules Area. Sec. 812. FAA review and reform. Sec. 813. Use of mineral revenue at certain airports. Sec. 814. Contracting. Sec. 815. Flood planning. Sec. 816. Historical aircraft documents. [Sec. 817—Repealed] Sec. 818. Sense of Congress. Sec. 819. Human Intervention Motivation Study. Sec. 820. Study of aeronautical mobile telemetry. Sec. 821. Clarification of requirements for volunteer pilots operating charitable medical flights. Sec. 822. Pilot program for redevelopment of airport properties. Sec. 823. Report on New York City and Newark air traffic control facilities. Sec. 824. Cylinders of compressed oxygen or other oxidizing gases. Sec. 825. Orphan aviation earmarks. Sec. 826. Privacy protections for air passenger screening with advanced imaging technology. Sec. 827. Commercial space launch license requirements. Sec. 828. Air transportation of lithium cells and batteries. Sec. 829. Clarification of memorandum of understanding with OSHA. Sec. 830. Approval of applications for the airport security screening opt-out program. TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT Sec. 901. Authorization of appropriations. Sec. 902. Definitions. Sec. 903. Unmanned aircraft systems. Sec. 904. Research program on runways. Sec. 905. Research on design for certification. Sec. 906. Airport cooperative research program. Sec. 907. Centers of excellence. Sec. 908. Center of excellence for aviation human resource research. Sec. 909. Interagency research on aviation and the environment. Sec. 910. Aviation fuel research and development program. Sec. 911. Research program on alternative jet fuel technology for civil aircraft. Sec. 912. Review of FAA’s energy-related and environment-related research programs. Sec. 913. Review of FAA’s aviation safety-related research programs. Sec. 914. Production of clean coal fuel technology for civilian aircraft. Sec. 915. Wake turbulence, volcanic ash, and weather research. Sec. 916. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraft. 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. [49 U.S.C. 40101 note] 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.