vious year and relevant 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; and 
‘‘(D) an explanation of any change to fu-
ture years in the integrated work plan and the 
reasons for such change.’’. 
SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REPORT ON FAA PROGRAM AND SCHEDULE.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall prepare a re-
port detailing the program and schedule for inte-
grating automatic dependent surveillance-broadcast 
(in this section referred to as ‘‘ADS–B’’) technology 
into the national airspace system. 
(2) CONTENTS.—The report shall include— 
(A) a description of segment 1 and seg-
ment 2 activity to acquire ADS–B services; 
(B) a description of plans for implementa-
tion of advanced operational procedures and 
ADS–B air-to-air applications; and 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(C) a discussion of protections that the 
Administration will require as part of any con-
tract or program in the event of a contractor’s 
default, bankruptcy, acquisition by another en-
tity, or any other event jeopardizing the unin-
terrupted provision of ADS–B services. 
(3) SUBMISSION TO CONGRESS.—Not later than 
90 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 the report 
prepared under paragraph (1). 
(b) REQUIREMENTS OF FAA CONTRACTS FOR ADS– 
B SERVICES.—Any contract entered into by the Adminis-
trator with an entity to acquire ADS–B services shall con-
tain terms and conditions that— 
(1) require approval by the Administrator be-
fore the contract may be assigned to or assumed by 
another entity, including any successor entity, sub-
sidiary of the contractor, or other corporate entity; 
(2) provide that the assets, equipment, hard-
ware, and software used in the performance of the 
contract be designated as critical national infrastruc-
ture for national security and related purposes; 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(3) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of a termination 
of the contract; 
(4) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of material non-
performance, as determined by the Administrator; 
and 
(5) permit the Government to acquire or utilize 
for a reasonable period, as determined by the Ad-
ministrator, the assets, equipment, hardware, and 
software necessary to ensure the continued and un-
interrupted provision of ADS–B services and to have 
ready access to such assets, equipment, hardware, 
and software through its own personnel, agents, or 
others, if the Administrator provides reasonable 
compensation for such acquisition or utilization. 
(c) REVIEW BY DOT INSPECTOR GENERAL.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall conduct a 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
review concerning the Federal Aviation Administra-
tion’s award and oversight of any contract entered 
into by the Administration to provide ADS–B serv-
ices for the national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum— 
(A) an examination of how program risks 
are being managed; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B serv-
ices, including the implementation of advanced 
operational procedures and air-to-air applica-
tions as well as to the extent to which ground 
radar will be retained; 
(C) a determination of whether the Admin-
istration has established sufficient mechanisms 
to ensure that all design, acquisition, operation, 
and maintenance requirements have been met 
by the contractor; 
(D) an assessment of whether the Admin-
istration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS–B serv-
ices; 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(E) an assessment of whether security 
issues are being adequately addressed in the 
overall design and implementation of the ADS– 
B system; and 
(F) any other matters or aspects relating 
to contract implementation and oversight that 
the Inspector General determines merit atten-
tion. 
(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall periodically, on at least an annual 
basis, 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 subsection. 
SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall establish a process for in-
cluding in the planning, development, and deployment of 
air traffic control modernization projects (including the 
Next Generation Air Transportation System) and collabo-
rating with qualified employees selected by each exclusive 
collective bargaining representative of employees of the 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
Administration who are likely to be impacted by such plan-
ning, development, and deployment. 
(b) PARTICIPATION.— 
(1) BARGAINING OBLIGATIONS AND RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section 
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY AND COMPENSATION.—Exclusive 
collective bargaining representatives and selected 
employees participating in the process described in 
subsection (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per 
diem expenses in accordance with the travel 
policies of the Administration in addition to any 
regular compensation and benefits. 
(c) REPORT.—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 implementation of this section. 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 
TRANSFORMING TO THE NEXT GENERATION 
AIR TRANSPORTATION SYSTEM. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a review of the progress and challenges associated 
with transforming the Nation’s air traffic control system 
into the Next Generation Air Transportation System (in 
this section referred to as the ‘‘NextGen System’’). 
(b) REVIEW.—The review shall include the following: 
(1) An evaluation of the continued implementa-
tion and institutionalization of the processes that are 
key to the ability of the Air Traffic Organization to 
effectively maintain management structures and sys-
tems acquisitions procedures utilized under the cur-
rent air traffic control modernization program as a 
basis for the NextGen System. 
(2) An assessment of the progress and chal-
lenges associated with collaboration and contribu-
tions of the partner agencies working with the Joint 
Planning and Development Office of the Federal 
Aviation Administration (in this section referred to 
as the ‘‘JPDO’’) in planning and implementing the 
NextGen System. 
(3) The progress and challenges associated with 
coordinating government and industry stakeholders 
in activities relating to the NextGen System, includ-
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
ing an assessment of the contributions of the 
NextGen Institute. 
(4) An assessment of planning and implementa-
tion of the NextGen System against established 
schedules, milestones, and budgets. 
(5) An evaluation of the recently modified orga-
nizational structure of the JPDO. 
(6) An examination of transition planning by 
the Air Traffic Organization and the JPDO. 
(7) Any other matters or aspects of planning 
and coordination of the NextGen System by the 
Federal Aviation Administration and the JPDO that 
the Comptroller General determines appropriate. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS ON PRIORITIES.— 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall determine 
the priority of topics to be reviewed under this sec-
tion and report such priorities to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) PERIODIC REPORTS TO CONGRESS ON RE-
SULTS OF THE REVIEW.—The Comptroller General 
shall periodically submit to the committees referred 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
to in paragraph (1) a report on the results of the 
review conducted under this section. 
SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM ACQUISITION AND PRO-
CEDURES DEVELOPMENT. 
(a) STUDY.—The Comptroller General shall conduct 
a review of the progress made and challenges related to 
the acquisition of designated technologies and the develop-
ment of procedures for the Next Generation Air Transpor-
tation System (in this section referred to as the ‘‘NextGen 
System’’). 
(b) SPECIFIC SYSTEMS REVIEW.—The review shall 
include, at a minimum, an examination of the acquisition 
costs, schedule, and other relevant considerations for the 
following systems: 
(1) 
En 
Route 
Automation 
Modernization 
(ERAM). 
(2) Standard Terminal Automation Replace-
ment System/Common Automated Radar Terminal 
System (STARS/CARTS). 
(3) Automatic Dependent Surveillance-Broad-
cast (ADS–B). 
(4) System Wide Information Management 
(SWIM). 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(5) Traffic Flow Management Modernization 
(TFM–M). 
(c) REVIEW.—The review shall include, at a min-
imum, an assessment of the progress and challenges re-
lated to the development of standards, regulations, and 
procedures that will be necessary to implement the 
NextGen System, including required navigation perform-
ance, area navigation, the airspace management program, 
and other programs and procedures that the Comptroller 
General identifies as relevant to the transformation of the 
air traffic system. 
(d) PERIODIC REPORTS TO CONGRESS ON RESULTS 
OF THE REVIEW.—The Comptroller General shall periodi-
cally submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the review conducted 
under this section. 
SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL AND APPROACH PROCEDURES BY A 
THIRD PARTY. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
the effectiveness of the oversight activities conducted by 
the Federal Aviation Administration in connection with 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
any agreement with or delegation of authority to a third 
party for the development of flight procedures for the na-
tional airspace system. 
(b) ASSESSMENTS.—The Inspector General shall in-
clude, at a minimum, in the review— 
(1) an assessment of the extent to which the 
Federal Aviation Administration is relying or in-
tends to rely on a third party for the development 
of new procedures and a determination of whether 
the Administration has established sufficient mecha-
nisms and staffing to provide safety oversight of a 
third party; and 
(2) an assessment regarding whether the Ad-
ministration has sufficient existing personnel and 
technical resources or mechanisms to develop such 
flight procedures in a safe and efficient manner to 
meet the demands of the national airspace system 
without the use of third party resources. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Inspector General shall sub-
mit to the Committee on Transportation and Infrastruc-
ture 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 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
section, including the assessments described in subsection 
(b). 
SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR 
NEXT 
GENERATION 
AIR 
TRANSPOR-
TATION SYSTEM. 
(a) REVIEW.—The Administrator of the Federal 
Aviation Administration shall enter into an arrangement 
with the National Research Council to review the enter-
prise architecture for the Next Generation Air Transpor-
tation 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 cur-
rent and planned modernization programs to the fu-
ture 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 auto-
mated air traffic management system and the impli-
cations for ongoing modernization projects; and 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(3) include judgments on how risks with auto-
mation efforts for the Next Generation Air Trans-
portation System can be mitigated based on the ex-
periences of other public or private entities in devel-
oping complex, software-intensive systems. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the results of the review 
conducted pursuant to subsection (a). 
SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 
Of amounts appropriated under section 48101(a) of 
title 49, United States Code, the Administrator of the 
Federal Aviation Administration shall use such sums as 
may be necessary for each of the fiscal years 2008 through 
2011 to contribute to the establishment by a public-private 
partnership (including a university component with sig-
nificant aviation expertise in air traffic management, sim-
ulation, meteorology, and engineering and aviation busi-
ness) an airport-based testing site for existing Next Gen-
eration Air Transport System technologies. The Adminis-
trator shall ensure that next generation air traffic control 
integrated systems developed by private industries are in-
stalled at the site for demonstration, operational research, 
and evaluation by the Administration. The testing site 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
shall serve a mix of general aviation and commercial traf-
fic. 
Subtitle B—Miscellaneous 
SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended in the last sentence by 
inserting ‘‘with or’’ before ‘‘without reimbursement’’. 
SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(4) is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids; 
‘‘(C) aeronautical and meteorological infor-
mation to air traffic control facilities or air-
craft; 
‘‘(D) communication, navigation, or sur-
veillance equipment for air-to-ground or air-to- 
air applications;’’; 
(3) in subparagraph (E) (as redesignated by 
paragraph (1) of this section)— 
(A) by striking ‘‘another structure’’ and 
inserting ‘‘any structure, equipment,’’; and 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’. 
SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation’’ and inserting ‘‘compensation, and the amount 
received shall be credited as an offsetting collection to the 
account from which the amount was expended, and shall 
remain available until expended’’. 
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by striking the semicolon at the end of 
paragraph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)— 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS
(A) by inserting ‘‘public and private’’ be-
fore ‘‘foreign aviation authorities’’; and 
(B) by striking the period at the end of the 
first sentence and inserting ‘‘or efficiency. The 
Administrator may participate in, and submit 
offers in response to, competitions to provide 
such services, and may contract with foreign 
aviation authorities to provide such services 
consistent with section 106(l)(6). Notwith-
standing any other provision of law or policy, 
the Administrator may accept payments re-
ceived under this subsection in arrears.’’; and 
(2) in paragraph (3) by striking ‘‘credited’’ and 
all that follows through the period at the end and 
inserting ‘‘credited as an offsetting collection to the 
account from which the expenses were incurred in 
providing such services, and shall remain available 
until expended’’. 
SEC. 216. FRONT LINE MANAGER STAFFING. 
(a) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall initiate a study on front line 
manager staffing requirements in air traffic control facili-
ties. 
VerDate Aug 31 2005 
04:59 Jun 28, 2007
Jkt 059200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2881.IH
H2881
cnoel on PRODPC60 with BILLS