‘‘(B) Reinvestment in an approved project 
that is eligible for funding under section 
47117(e). 
‘‘(C) Reinvestment in an approved airport 
development project that is eligible for funding 
under section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another 
public airport to be reinvested in an approved 
noise compatibility project at such airport. 
‘‘(E) Payment to the Secretary for deposit 
in the Airport and Airway Trust Fund.’’. 
(c) 
CLERICAL
AMENDMENT.—Section 
47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ 
and inserting ‘‘the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9502)’’. 
SEC. 133. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and 
inserting ‘‘otherwise specifically provided in this sec-
tion’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
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hub airport changes to a medium hub airport, the Govern-
ment’s share of allowable project costs for the airport may 
not exceed 90 percent for the first 2 fiscal years following 
such change in hub status. 
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED 
COMMUNITIES.—The Government’s share of allowable 
project costs shall be 95 percent for a project at an airport 
that— 
‘‘(1) is receiving subsidized air service under 
subchapter II of chapter 417; and 
‘‘(2) is located in an area that meets one or 
more of the criteria established in section 301(a) of 
the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3161(a)), as determined by the 
Secretary of Commerce.’’. 
SEC. 134. AMENDMENTS TO ALLOWABLE COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development 
and is incurred before execution of the grant 
agreement, but in the same fiscal year as execu-
tion of the grant agreement, and if— 
‘‘(i) the cost was incurred before exe-
cution of the grant agreement due to the 
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short construction season in the vicinity of 
the airport; 
‘‘(ii) the cost is in accordance with an 
airport layout plan approved by the Sec-
retary and with all statutory and adminis-
trative requirements that would have been 
applicable to the project if the project had 
been carried out after execution of the 
grant agreement; 
‘‘(iii) the sponsor notifies the Sec-
retary before authorizing work to com-
mence on the project; and 
‘‘(iv) the sponsor’s decision to proceed 
with the project in advance of execution of 
the grant agreement does not affect the 
priority assigned to the project by the Sec-
retary for the allocation of discretionary 
funds;’’. 
(b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION
OF
AIRPORT-OWNED
FACILI-
TIES.—The Secretary may determine that the costs of re-
locating or replacing an airport-owned facility are allow-
able for an airport development project at an airport only 
if— 
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‘‘(1) the Government’s share of such costs will 
be paid with funds apportioned to the airport spon-
sor under section 47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the reloca-
tion or replacement is required due to a change in 
the Secretary’s design standards; and 
‘‘(3) the Secretary determines that the change 
is beyond the control of the airport sponsor.’’. 
(c) NONPRIMARY AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction of’’ before ‘‘rev-
enue producing’’; and 
(2) by striking ‘‘, including fuel farms and 
hangars,’’. 
SEC. 135. UNIFORM CERTIFICATION TRAINING FOR AIR-
PORT 
CONCESSIONS 
UNDER 
DISADVAN-
TAGED BUSINESS ENTERPRISE PROGRAM. 
(a) IN GENERAL.—Section 47107(e) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) MANDATORY TRAINING PROGRAM FOR AIR-
PORT CONCESSIONS.— 
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‘‘(A) IN
GENERAL.—Not later than one 
year after the date of enactment of the FAA 
Reauthorization Act of 2009, the Secretary 
shall establish a mandatory training program 
for persons described in subparagraph (C) on 
the certification of whether a small business 
concern in airport concessions qualifies as a 
small business concern owned and controlled by 
a socially and economically disadvantaged indi-
vidual for purposes of paragraph (1). 
‘‘(B) 
IMPLEMENTATION.—The 
training 
program may be implemented by one or more 
private entities approved by the Secretary. 
‘‘(C) PARTICIPANTS.—A person referred to 
in paragraph (1) is an official or agent of an 
airport owner or operator who is required to 
provide a written assurance under paragraph 
(1) that the airport owner or operator will meet 
the percentage goal of paragraph (1) or who is 
responsible for determining whether or not a 
small business concern in airport concessions 
qualifies as a small business concern owned and 
controlled by a socially and economically dis-
advantaged individual for purposes of para-
graph (1). 
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‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated such sums as may be necessary to carry 
out this paragraph.’’. 
(b) REPORT.—Not later than 24 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, and 
other appropriate committees of Congress a report on the 
results of the training program conducted under the 
amendment made by subsection (a). 
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY DISABLED 
VETERANS. 
Section 47112(c) is amended by adding at the end 
the following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement 
under this subchapter must require that a preference be 
given to the use of small business concerns (as defined 
in section 3 of the Small Business Act (15 U.S.C. 1632)) 
owned and controlled by disabled veterans.’’. 
SEC. 137. CALCULATION OF STATE APPORTIONMENT FUND. 
Section 47114(d) is amended— 
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(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘18.5 percent’’ and insert-
ing ‘‘10 percent’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AMOUNT.— 
‘‘(A) 
IN
GENERAL.—In 
addition 
to 
amounts apportioned under paragraph (2), and 
subject to subparagraph (B), the Secretary 
shall apportion to each airport, excluding pri-
mary airports but including reliever and nonpri-
mary commercial service airports, in States the 
lesser of— 
‘‘(i) $150,000; or 
‘‘(ii) 1⁄5 of the most recently published 
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the 
national plan of integrated airport systems 
developed by the Federal Aviation Admin-
istration under section 47103. 
‘‘(B) REDUCTION.—In any fiscal year in 
which the total amount made available for ap-
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portionment under paragraph (2) is less than 
$300,000,000, the Secretary shall reduce, on a 
prorated basis, the amount to be apportioned 
under subparagraph (A) and make such reduc-
tion available to be apportioned under para-
graph (2), so as to apportion under paragraph 
(2) a minimum of $300,000,000.’’. 
SEC. 138. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) in subparagraph (B)— 
(A) by inserting ‘‘except as provided by 
subparagraph (C),’’ before ‘‘in the case’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) in the case of a charge of more than 
$4.50 imposed by the sponsor of an airport en-
planing at least one percent of the total number 
of boardings each year in the United States, 
100 percent of the projected revenues from the 
charge in the fiscal year but not more than 100 
percent of the amount that otherwise would be 
apportioned under this section.’’. 
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SEC. 139. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 
Section 47115(g)(1) is amended by striking ‘‘sum 
of—’’ and all that follows through the period at the end 
of 
subparagraph 
(B) 
and 
inserting 
‘‘sum 
of 
$520,000,000.’’. 
SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2008, and for the portion of fiscal year 
2009 ending before April 1, 2009,’’ and inserting, ‘‘fiscal 
years 2008 through 2012,’’. 
SEC. 141. USE OF APPORTIONED AMOUNTS. 
Section 47117(e)(1)(A) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘35 percent’’ and inserting 
‘‘$300,000,000’’; 
(B) by striking ‘‘and’’ after ‘‘47141,’’; and 
(C) by inserting before the period at the 
end the following: ‘‘, and for water quality miti-
gation projects to comply with the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) as approved in an environmental record of 
decision for an airport development project 
under this title’’; and 
(2) in the second sentence by striking ‘‘such 35 
percent requirement is’’ and inserting ‘‘the require-
ments of the preceding sentence are’’. 
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SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
(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.—Sub-
section (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 sub-
title for any portion of the public sponsor’s ac-
quisition of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport improve-
ment 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 improve-
ment grant made to that airport on or after Oc-
tober 1, 1996, is repaid to the Secretary by the 
private owner. 
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‘‘(3) TREATMENT
OF
REPAYMENTS.—Repay-
ments referred to in paragraph (2)(C) shall be treat-
ed as a recovery of prior year obligations.’’. 
(b) APPLICABILITY TO GRANTS.—The amendments 
made by subsection (a) shall apply to grants issued on 
or after October 1, 1996. 
SEC. 143. AIRPORT PRIVATIZATION PILOT PROGRAM. 
(a) APPROVAL REQUIREMENTS.—Section 47134 is 
amended 
in 
subsections 
(b)(1)(A)(i), 
(b)(1)(A)(ii), 
(c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each 
place it appears and inserting ‘‘75 percent’’. 
(b) PROHIBITION ON RECEIPT OF FUNDS.— 
(1) SECTION 47134.—Section 47134 is amended 
by adding at the end the following: 
‘‘(n) PROHIBITION
ON
RECEIPT
OF
CERTAIN 
FUNDS.—An airport receiving an exemption under sub-
section (b) shall be prohibited from receiving apportion-
ments under section 47114 or discretionary funds under 
section 47115.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
47134(g) is amended— 
(A) in the subsection heading by striking 
‘‘APPORTIONMENTS;’’; 
(B) in paragraph (1) by striking the semi-
colon at the end and inserting ‘‘; or’’; 
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(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as 
paragraph (2). 
(c) FEDERAL SHARE OF PROJECT COSTS.—Section 
47109(a) 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. 144. AIRPORT SECURITY PROGRAM. 
Section 
47137(g) 
is 
amended 
by 
striking 
‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 
SEC. 145. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 
AIRPORT DEVELOPMENT RIGHTS. 
Section 47138 is amended by adding at the end the 
following: 
‘‘(f) SUNSET.—This section shall not be in effect 
after September 30, 2008.’’. 
SEC. 146. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS 
BY STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘March 31, 
2009’’ and inserting ‘‘September 30, 2012’’. 
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(3) in subsection (d) by striking ‘‘status of 
the’’. 
(b) UPDATE
VETERANS
PREFERENCE
DEFINI-
TION.—Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘sepa-
rated from’’ and inserting ‘‘discharged or re-
leased from active duty in’’; and 
(B) by adding at the end the following: 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty (as defined by 
section 101 of title 38) in the Armed Forces for a 
period of more than 180 consecutive days, any part 
of which occurred during the period beginning on 
September 11, 2001, and ending on the date pre-
scribed by presidential proclamation or by law as the 
last date of Operation Iraqi Freedom, and who was 
separated from the Armed Forces under honorable 
conditions.’’; and 
(2) in paragraph (2) by striking ‘‘veterans and’’ 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’. 
(c) CONSOLIDATION OF TERMINAL DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
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(1) by redesignating subsections (a), (b), (c), 
and (d) as subsections (b), (c), (d), and (e), respec-
tively; and 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary 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 air-
port, on the date the grant application is sub-
mitted to the Secretary, has— 
‘‘(i) all the safety equipment required 
for certification of the airport under sec-
tion 44706; 
‘‘(ii) all the security equipment re-
quired by regulation; and 
‘‘(iii) provided for access by pas-
sengers 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 mov-
ing passengers and baggage in air commerce 
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within the airport, including vehicles for moving 
passengers between terminal facilities and be-
tween terminal facilities and aircraft; and 
‘‘(C) under terms necessary to protect the 
interests of the Government. 
‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS 
AND NONREVENUE-PRODUCING PARKING LOTS.—In 
making a decision under paragraph (1), the Sec-
retary may approve as allowable costs the expenses 
of terminal development in a revenue-producing area 
and construction, reconstruction, repair, and im-
provement in a nonrevenue-producing parking lot 
if— 
‘‘(A) 
except 
as 
provided 
in 
section 
47108(e)(3), the airport 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, se-
curity, or capacity will not be deferred because 
of the Secretary’s approval.’’; 
(3) in paragraphs (3) and (4)(A) of subsection 
(b) (as redesignated by paragraph (1) of this sub-
section) by striking ‘‘section 47110(d)’’ and insert-
ing ‘‘subsection (a)’’; 
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(4) in paragraph (5) of subsection (b) (as re-
designated by paragraph (1) of this subsection) by 
striking ‘‘subsection (b)(1) and (2)’’ and inserting 
‘‘subsections (c)(1) and (c)(2)’’; 
(5) in paragraphs (2)(A), (3), and (4) of sub-
section (c) (as redesignated by paragraph (1) of this 
subsection) by striking ‘‘section 47110(d) of this 
title’’ and inserting ‘‘subsection (a)’’; 
(6) in paragraph (2)(B) of subsection (c) (as 
redesignated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d)’’ and inserting ‘‘sub-
section (a)’’; 
(7) in subsection (c)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 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).’’. 
(d) ANNUAL REPORT.—Section 47131(a) is amend-
ed— 
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(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 completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; 
‘‘(4) the allocation of appropriations; and’’. 
(e) CORRECTION
TO EMISSION CREDITS PROVI-
SION.—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),’’. 
(f) CONFORMING AMENDMENT TO CIVIL PENALTY 
ASSESSMENT
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 
striking ‘‘section 47110(d)’’ each place it appears and in-
serting ‘‘section 47119(a)’’. 
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(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 
Federal Aviation Administration’s most recent airport ca-
pacity benchmark report’’. 
TITLE 
II—NEXT 
GENERATION 
AIR 
TRANSPORTATION 
SYS-
TEM AND AIR TRAFFIC CON-
TROL MODERNIZATION 
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(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 de-
fense and national security, is growing at an ever in-
creasing rate. At the same time, the ability of the 
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United States air transportation system to expand 
and change to meet this increasing demand is lim-
ited. 
(3) The aviation industry accounts for more 
than 11,000,000 jobs in the United States and con-
tributes approximately $741,000,000,000 annually 
to the United States gross domestic product. 
(4) The United States air transportation sys-
tem continues to drive economic growth in the 
United States and will continue to be a major eco-
nomic driver 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 
transformation of the United States air transpor-
tation system that focuses on developing and imple-
menting new technologies and that will set the stage 
for the long-term development of a scalable and 
more flexible air transportation system without com-
promising the unprecedented safety record of United 
States aviation. 
(6) The benefits of the NextGen System, in 
terms of promoting economic growth and develop-
ment, are enormous. 
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(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 Con-
gress 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 infrastruc-
ture; 
(2) one fundamental requirement for the suc-
cess of the NextGen System is strong leadership and 
sufficient 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 mis-
sion to ensure that the programs and capabilities of 
the NextGen System are carefully integrated and 
aligned; 
(4) Government agencies and industry must 
work together, carefully integrating and aligning 
their work to meet the needs of the NextGen System 
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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 
Department of Commerce, and the National Aero-
nautics and Space Administration must work in co-
operation and make transformational improvements 
to the United States air transportation infrastruc-
ture a priority; and 
(6) due to the critical importance of the 
NextGen System to the economic and national secu-
rity of the United States, partner departments and 
agencies must be provided with the resources re-
quired to complete 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.—Sec-
tion 709(a) of Vision 100—Century of Aviation Re-
authorization Act (49 U.S.C. 40101 note; 117 Stat. 
2582) is amended— 
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(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(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 Ad-
ministrator shall report to the Administrator.’’. 
(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 ‘‘; and’’; 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 im-
plementation activities and measuring actual 
operational experience against those goals, tak-
ing into account noise pollution reduction con-
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cerns of affected communities to the greatest 
extent practicable in establishing the environ-
mental goals; 
‘‘(J) working to ensure global interoper-
ability of the Next Generation Air Transpor-
tation 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 of 
the Federal Aviation Administration, the selec-
tion of products or outcomes of research and 
development activities that would be moved to 
the next stage of a demonstration project; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation enterprise architec-
ture requirements.’’. 
(3) COOPERATION
WITH
OTHER
FEDERAL 
AGENCIES.—Section 709(a)(4) of such Act (as re-
designated by paragraph (1) of this subsection) is 
amended— 
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(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— 
‘‘(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 re-
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‘‘(E) Not later than 6 months after the date of enact-
ment of this subparagraph, the head of each Federal agen-
cy that has responsibility for carrying out any activity 
under the integrated plan under subsection (b) shall exe-
cute a memorandum of understanding with the Office obli-
gating 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, to the maximum extent prac-
ticable, shall— 
‘‘(i) 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; 
‘‘(ii) include, in the President’s budget, a state-
ment 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 Genera-
tion Air Transportation System initiative; and 
‘‘(iii) identify and justify as part of the Presi-
dent’s budget submission any inconsistencies be-
tween the plan and amounts requested in the budg-
et. 
‘‘(7) The Associate Administrator of the Next Gen-
eration Air Transportation System shall be a voting mem-
ber 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 anticipated future air’’; and 
(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
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(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— 
‘‘(A) an outline of the activities required to 
achieve the end-state architecture, as expressed 
in the concept of operations and enterprise ar-
chitecture documents, that identifies each Fed-
eral agency or other entity responsible for each 
activity 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 Sys-
tem; 
‘‘(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 
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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-
ment of each Federal agency or entity’s respon-
sibility for costs and available resources, for 
each stage of development from the basic re-
search stage through the demonstration and im-
plementation 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 implications of not successfully 
completing a step in the time period described 
in the integrated work plan; 
‘‘(F) a transition plan for the implementa-
tion of the Next Generation Air Transportation 
System that includes date-specific milestones 
for the implementation of new capabilities into 
the national airspace system; and 
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‘‘(G) date-specific timetables for meeting 
the environmental goals identified in subsection 
(a)(3)(I).’’. 
(c) NEXTGEN
IMPLEMENTATION
PLAN.—Section 
709(d) of such Act (117 Stat. 2584) is amended to read 
as follows: 
‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Ad-
ministrator of the Federal Aviation Administration shall 
develop and publish annually the document known as the 
‘NextGen Implementation Plan’, or any successor docu-
ment, that provides a detailed description of how the agen-
cy is implementing the Next Generation Air Transpor-
tation System.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
709(e) of such Act (117 Stat. 2584) is amended by strik-
ing ‘‘2010’’ and inserting ‘‘2012’’. 
(e) CONTINGENCY PLANNING.—The Associate Ad-
ministrator for the Next Generation Air Transportation 
System shall, as part of the design of the System, develop 
contingency plans for dealing with the degradation of the 
System in the event of a natural disaster, major equip-
ment failure, or act of terrorism. 
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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 Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Science and Technology of the House 
of Representatives and the Committee 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 pre-
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; 
‘‘(D) an explanation of any change to fu-
ture years in the integrated work plan and the 
reasons for such change; and 
‘‘(E) an identification of the levels of fund-
ing for each agency participating in the inte-
grated work plan devoted to programs and ac-
tivities under the plan for the previous fiscal 
year and in the President’s budget request.’’. 
SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REPORT ON FAA PROGRAM AND SCHEDULE.— 
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(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 
(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). 
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(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; 
(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 
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(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 
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 services, 
including the implementation of advanced oper-
ational procedures and air-to-air applications as 
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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; 
(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 
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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 
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— 
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(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. 
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-
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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-
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 
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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 and the Com-
mittee on Science and Technology 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 
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-
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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). 
(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 
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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 and the Committee on Science and Tech-
nology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report on the results of the review conducted under this 
section. 
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 
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 
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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 
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-
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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 
(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). 
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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 2009 through 
2012 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 
shall serve a mix of general aviation and commercial traf-
fic. 
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(a)(4) is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
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(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 
(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 
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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)— 
(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, 
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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. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall take into consideration— 
(1) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(2) coverage requirements in relation to traffic 
demand; 
(3) facility type; 
(4) complexity of traffic and managerial respon-
sibilities; 
(5) proficiency and training requirements; and 
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(6) such other factors as the Administrator con-
siders appropriate. 
(c) DETERMINATIONS.—The Administrator shall 
transmit any determinations made as a result of the study 
to the Chief Operating Officer for the air traffic control 
system. 
(d) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study and a description of any 
determinations submitted to the Chief Operating Officer 
under subsection (c). 
SEC. 217. FLIGHT SERVICE STATIONS. 
(a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 
later than 60 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall develop and implement a monitoring system for flight 
service specialist staffing and training under service con-
tracts for flight service stations. 
(b) COMPONENTS.—At a minimum, the monitoring 
system shall include mechanisms to monitor— 
(1) flight specialist staffing plans for individual 
facilities; 
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(2) actual staffing levels for individual facilities; 
(3) the initial and recurrent certification and 
training of flight service specialists on the safety, 
operational, and technological aspects of flight serv-
ices, including any certification and training nec-
essary to meet user demand; and 
(4) system outages, excessive hold times, 
dropped calls, poor quality briefings, and any other 
safety or customer service issues under a contract 
for flight service station services. 
(c) REPORT 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 In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) a description of monitoring system; 
(2) if the Administrator determines that con-
tractual changes or corrective actions are required 
for the Administration to ensure that the vendor 
under a contract for flight service station services 
provides safe and high quality service to consumers, 
a description of the changes or actions required; and 
(3) a description of the contingency plans of the 
Administrator and the protections that the Adminis-
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trator will have in place to provide uninterrupted 
flight service station services in the event of— 
(A) material non-performance of the con-
tract; 
(B) a vendor’s default, bankruptcy, or ac-
quisition by another entity; or 
(C) any other event that could jeopardize 
the uninterrupted provision of flight service sta-
tion services. 
SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN-
TER OF EXCELLENCE. 
(a) ESTABLISHMENT.—Of the amount 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 fiscal 
years 2009 through 2012 to contribute to the establish-
ment of a center of excellence for the research and devel-
opment of Next Generation Air Transportation System 
technologies. 
(b) FUNCTIONS.—The center established under sub-
section (a) shall— 
(1) leverage the centers of excellence program 
of the Federal Aviation Administration, as well as 
other resources and partnerships, to enhance the de-
velopment of Next Generation Air Transportation 
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System technologies within academia and industry; 
and 
(2) provide educational, technical, and analyt-
ical assistance to the Federal Aviation Administra-
tion and other Federal agencies with responsibilities 
to research and develop Next Generation Air Trans-
portation System technologies. 
SEC. 219. AIRSPACE REDESIGN. 
(a) FINDINGS.—Congress finds the following: 
(1) The airspace redesign efforts of the Federal 
Aviation Administration will play a critical near- 
term role in enhancing capacity, reducing delays, 
transitioning to more flexible routing, and ultimately 
saving money in fuel costs for airlines and airspace 
users. 
(2) The critical importance of airspace redesign 
efforts is underscored by the fact that they are high-
lighted in strategic plans of the Administration, in-
cluding Flight Plan 2009–2013 and the document 
known as the ‘‘NextGen Implementation Plan’’. 
(3) Funding cuts have led to delays and defer-
rals of critical capacity enhancing airspace redesign 
efforts. 
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136 
U.S.C. 300f et seq.), restroom facilities, cabin 
ventilation, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal; 
‘‘(B) allow passengers to deplane following 
excessive delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
‘‘(d) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection 
(a) shall contain a description of how the airport operator, 
to the maximum extent practicable, will provide for the 
deplanement of passengers following excessive delays and 
will provide for the sharing of facilities and make gates 
available at the airport in an emergency. 
‘‘(e) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall up-
date the emergency contingency plan submitted by 
the air carrier under subsection (a) every 3 years 
and submit the update to the Secretary for review 
and approval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by 
the airport operator under subsection (a) every 5 
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