(f) CONFORMING AMENDMENT TO CIVIL PENALTY AS-
SESSMENT AUTHORITY.—Section 46301(d)(2) is amended 
by inserting ‘‘46319,’’ after ‘‘46318,’’. 
(g) OTHER
CONFORMING
AMENDMENTS.—Sections 
40117(a)(3)(B) and 47108(e)(3) are each amended by strik-
ing ‘‘section 47110(d)’’ each place it appears and inserting 
‘‘section 47119(a)’’. 
(h) CORRECTION TO SURPLUS PROPERTY AUTHOR-
ITY.—Section 47151(e) is amended by striking ‘‘(other than 
real property’’ and all that follows through ‘‘(10 U.S.C. 
2687 note))’’ . 
(i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec-
tion 47175(2) is amended by striking ‘‘Airport Capacity 
Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 
Airport Capacity Benchmark Reports or table 1 of the Fed-
eral Aviation Administration’s most recent airport capac-
ity benchmark report’’. 
TITLE II—AIR TRAFFIC CONTROL 
MODERNIZATION 
Subtitle A—Next Generation Air 
Transportation System 
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) The United States faces a great national 
challenge as the Nation’s aviation infrastructure is at 
a crossroads. 
(2) The demand for aviation services, a critical 
element of the United States economy, vital in sup-
porting the quality of life of the people of the United 
States, and critical in support of the Nation’s defense 
and national security, is growing at an ever increas-
ing rate. At the same time, the ability of the United 
States air transportation system to expand and 
change to meet this increasing demand is limited. 
(3) The aviation industry accounts for more 
than 10,000,000 jobs in the United States and con-
tributes approximately $900,000,000,000 annually to 
the United States gross domestic product. 
(4) The United States air transportation system 
continues to drive economic growth in the United 
States and will continue to be a major economic driv-
er as air traffic triples over the next 20 years. 
(5) The Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen 
System’’) is the system for achieving long-term trans-
formation of the United States air transportation sys-
tem that focuses on developing and implementing new 
technologies and that will set the stage for the long- 
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term development of a scalable and more flexible air 
transportation system without compromising the un-
precedented safety record of United States aviation. 
(6) The benefits of the NextGen System, in terms 
of promoting economic growth and development, are 
enormous. 
(7) The NextGen System will guide the path of 
the United States air transportation system in the 
challenging years ahead. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) modernizing the air transportation system is 
a national priority and the United States must make 
a commitment to revitalizing this essential component 
of the Nation’s transportation infrastructure; 
(2) one fundamental requirement for the success 
of the NextGen System is strong leadership and suffi-
cient resources; 
(3) the Joint Planning and Development Office 
of the Federal Aviation Administration and the Next 
Generation Air Transportation System Senior Policy 
Committee, each established by Congress in 2003, will 
lead and facilitate this important national mission to 
ensure that the programs and capabilities of the 
NextGen System are carefully integrated and aligned; 
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(4) Government agencies and industry must 
work together, carefully integrating and aligning 
their work to meet the needs of the NextGen System 
in the development of budgets, programs, planning, 
and research; 
(5) the Department of Transportation, the Fed-
eral Aviation Administration, the Department of De-
fense, the Department of Homeland Security, the De-
partment of Commerce, and the National Aeronautics 
and Space Administration must work in cooperation 
and make transformational improvements to the 
United States air transportation infrastructure a pri-
ority; and 
(6) due to the critical importance of the NextGen 
System to the economic and national security of the 
United States, partner departments and agencies 
must be provided with the resources required to com-
plete the implementation of the NextGen System. 
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) ESTABLISHMENT.— 
(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT 
GENERATION AIR TRANSPORTATION SYSTEM.—Section 
709(a) of Vision 100—Century of Aviation Reauthor-
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ization 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), respec-
tively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) The director of the Office shall be the Associate 
Administrator for the Next Generation Air Transportation 
System, who shall be appointed by the Administrator of the 
Federal Aviation Administration. The Associate Adminis-
trator shall report to the Administrator.’’. 
(2) COOPERATION WITH OTHER FEDERAL AGEN-
CIES.—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: 
‘‘(B) The Secretary of Defense, the Administrator of 
the National Aeronautics and Space Administration, the 
Secretary of Commerce, the Secretary of Homeland Secu-
rity, 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— 
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‘‘(i) carrying out the activities of the agency re-
lating 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 ac-
tivities 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 obliga-
tions as set forth in any memorandum of under-
standing executed by or on behalf of the agency relat-
ing to the Next Generation Air Transportation Sys-
tem. 
‘‘(C) The head of a Federal agency referred to in sub-
paragraph (B) shall ensure that— 
‘‘(i) 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); and 
‘‘(ii) the performance of the senior official in 
carrying out the responsibilities of the agency relating 
to the Next Generation Air Transportation System is 
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reflected in the official’s annual performance evalua-
tions and compensation.’’. 
(3) 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, to the maximum extent practicable, 
shall— 
‘‘(i) oversee the development of the integrated 
plan under subsection (a)(3)(A); 
‘‘(ii) ensure that— 
‘‘(I) each Federal agency covered by the 
plan has sufficient funds requested in the Presi-
dent’s budget, as submitted under section 
1105(a) of title 31, United States Code, for each 
fiscal year covered by the plan to carry out its 
responsibilities under the plan; and 
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‘‘(II) the development and implementation 
of the Next Generation Air Transportation Sys-
tem remains on schedule; and 
‘‘(iii) identify and justify as part of the Presi-
dent’s budget submission any inconsistencies between 
the plan and amounts requested in the budget. 
‘‘(7) The Associate Administrator of the Next Genera-
tion Air Transportation System shall be a voting member 
of the Joint Resources Council of the Federal Aviation Ad-
ministration.’’. 
(b) INTEGRATED PLAN.—Section 709(b) of such Act 
(117 Stat. 2583) is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘beyond those currently included in the Fed-
eral Aviation Administration’s operational evolution 
plan’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by striking the period at the end of para-
graph (4) 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 in-
cludes— 
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‘‘(A) an outline of the activities required to 
achieve the end-state architecture, as expressed in 
the concept of operations and enterprise architec-
ture documents, that identifies each Federal 
agency or other entity responsible for each activ-
ity in the outline; 
‘‘(B) details on a year-by-year basis of spe-
cific accomplishments, activities, research re-
quirements, 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 Genera-
tion Air Transportation System, an outline, on 
a year-by-year basis, of what is to be accom-
plished 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 docu-
ments, as well as identifying each Federal agen-
cy or other entity that will be responsible for 
each component of any research, development, or 
implementation program; 
‘‘(D) an estimate of all necessary expendi-
tures on a year-by-year basis, including a state-
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ment of each Federal agency or entity’s responsi-
bility for costs and available resources, for each 
stage of development from the basic research 
stage through the demonstration and implemen-
tation phase; and 
‘‘(E) a clear explanation of how each step 
in the development of the Next Generation Air 
Transportation System will lead to the following 
step and of the implications of not successfully 
completing a step in the time period described in 
the integrated work plan.’’. 
(c) OPERATIONAL EVOLUTION PARTNERSHIP.—Sec-
tion 709(d) of such Act (117 Stat. 2584) is amended to read 
as follows: 
‘‘(d) OPERATIONAL EVOLUTION PARTNERSHIP.—The 
Administrator of the Federal Aviation Administration shall 
develop and publish annually the document known as the 
‘Operational Evolution Partnership’, or any successor docu-
ment, that provides a detailed description of how the agency 
is implementing the Next Generation Air Transportation 
System.’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 
709(e) of such Act (117 Stat. 2584) is amended by striking 
‘‘2010’’ and inserting ‘‘2011’’. 
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SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of Vision 100—Cen-
tury 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 
one year after the date of enactment of this subsection, 
and annually thereafter on the date of submission of 
the President’s budget request to Congress under sec-
tion 1105(a) of title 31, United States Code, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure and the Committee on 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate a report summarizing the progress made 
in carrying out the integrated work plan required by 
section 709(b)(5) and any changes in that plan. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a copy of the updated integrated work 
plan; 
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‘‘(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 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 com-
plete 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 Fed-
eral Aviation Administration shall prepare a report 
detailing the program and schedule for integrating 
automatic dependent surveillance-broadcast (in this 
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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 segment 
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 
(C) a discussion of protections that the Ad-
ministration will require as part of any contract 
or program in the event of a contractor’s default, 
bankruptcy, acquisition by another entity, or 
any other event jeopardizing the uninterrupted 
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— 
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(1) require approval by the Administrator before 
the contract may be assigned to or assumed by an-
other entity, including any successor entity, sub-
sidiary of the contractor, or other corporate entity; 
(2) provide that the assets, equipment, hardware, 
and software used in the performance of the contract 
be designated as critical national infrastructure for 
national security and related purposes; 
(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 Admin-
istrator, the assets, equipment, hardware, and soft-
ware necessary to ensure the continued and uninter-
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rupted 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 compensa-
tion 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 review 
concerning the Federal Aviation Administration’s 
award and oversight of any contract 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 program risks 
are being managed; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B services, 
including the implementation of advanced oper-
ational procedures and air-to-air applications 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, 
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and maintenance requirements have been met by 
the contractor; 
(D) an assessment of whether the Adminis-
tration 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; 
(E) an assessment of whether security issues 
are being adequately addressed in the overall de-
sign 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 attention. 
(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 Trans-
portation of the Senate a report on the results of the 
review conducted under this subsection. 
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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 Ad-
ministration 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 em-
ployees participating in the process described in sub-
section (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 
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