H. R. 658—17 
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).’’.
H. R. 658—18 
(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
H. R. 658—19 
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,’’.
H. R. 658—20 
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:
H. R. 658—21 
‘‘(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)’’.
H. R. 658—22 
(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);
H. R. 658—23 
(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)’’;
H. R. 658—24 
(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.’’.
H. R. 658—25 
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—
H. R. 658—26 
(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.
H. R. 658—27 
(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
H. R. 658—28 
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
H. R. 658—29 
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;
H. R. 658—30 
‘‘(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:
H. R. 658—31 
‘‘(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—
H. R. 658—32 
‘‘(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
H. R. 658—33 
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
H. R. 658—34 
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;
H. R. 658—35 
(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;