H. R. 658—44 
SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS. 
(a) IN GENERAL.—The Secretary may establish an avionics equi-
page incentive program for the purpose of equipping general avia-
tion and commercial aircraft with communications, surveillance, 
navigation, and other avionics equipment as determined by the 
Secretary to be in the interest of achieving NextGen capabilities 
for such aircraft. 
(b) NEXTGEN PUBLIC-PRIVATE PARTNERSHIPS.—The incentive 
program established under subsection (a) shall, at a minimum— 
(1) be based on public-private partnership principles; and 
(2) leverage and maximize the use of private sector capital. 
(c) FINANCIAL INSTRUMENTS.—Subject to the availability of 
appropriated funds, the Secretary may use financial instruments 
to facilitate public-private financing for the equipage of general 
aviation and commercial aircraft registered under section 44103 
of title 49, United States Code. To the extent appropriations are 
not made available, the Secretary may establish the program, pro-
vided the costs are covered by the fees and premiums authorized 
by subsection (d)(2). For purposes of this section, the term ‘‘financial 
instruments’’ means loan guarantees and other credit assistance 
designed to leverage and maximize private sector capital. 
(d) PROTECTION OF THE TAXPAYER.— 
(1) LIMITATION ON PRINCIPAL.—The amount of any guar-
antee under this program shall be limited to 90 percent of 
the principal amount of the underlying loan. 
(2) COLLATERAL, FEES, AND PREMIUMS.—The Secretary shall 
require applicants for the incentive program to post collateral 
and pay such fees and premiums if feasible, as determined 
by the Secretary, to offset costs to the Government of potential 
defaults, and agree to performance measures that the Secretary 
considers necessary and in the best interest of implementing 
the NextGen program. 
(3) USE OF FUNDS.—Applications for this program shall 
be limited to equipment that is installed on general aviation 
or commercial aircraft and is necessary for communications, 
surveillance, navigation, or other purposes determined by the 
Secretary to be in the interests of achieving NextGen capabili-
ties for commercial and general aviation. 
(e) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to issue such financial instruments under this section shall 
terminate 5 years after the date of the establishment of the incen-
tive program. 
SEC. 222. OPERATIONAL INCENTIVES. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration shall issue a report that— 
(1) identifies incentive options to encourage the equipage 
of aircraft with NextGen technologies, including a policy that 
gives priority to aircraft equipped with ADS–B technology; 
(2) identifies the costs and benefits of each option; and 
(3) includes input from industry stakeholders, including 
passenger and cargo air carriers, aerospace manufacturers, and 
general aviation aircraft operators. 
(b) DEADLINE.—The Administrator shall issue the report before 
the earlier of— 
(1) the date that is 6 months after the date of enactment 
of this Act; or
H. R. 658—45 
(2) the date on which aircraft are required to be equipped 
with ADS–B technology pursuant to the rulemaking under 
section 211(b). 
SEC. 223. EDUCATIONAL REQUIREMENTS. 
The Administrator of the Federal Aviation Administration shall 
make payments to the Department of Defense for the education 
of dependent children of those Administration employees in Puerto 
Rico and Guam as they are subject to transfer by policy and practice 
and meet the eligibility requirements of section 2164(c) of title 
10, United States Code. 
SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND 
ANALYSIS. 
As soon as practicable, and not later than 1 year after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall— 
(1) ensure, to the extent practicable, a sufficient number 
of contract instructors, classroom space (including off-site loca-
tions as needed), and simulators to allow for an increase in 
the number of air traffic controllers at air traffic control facili-
ties; 
(2) distribute, to the extent practicable, the placement of 
certified professional air traffic controllers-in-training and 
developmental air traffic controllers at facilities evenly across 
the calendar year in order to avoid training bottlenecks; 
(3) initiate an analysis, to be conducted in consultation 
with the exclusive bargaining representative of air traffic 
controllers certified under section 7111 of title 5, United States 
Code, of scheduling processes and practices, including overtime 
scheduling practices at those facilities; 
(4) provide, to the extent practicable and where appro-
priate, priority to certified professional air traffic controllers- 
in-training when filling staffing vacancies at facilities; 
(5) assess training programs at air traffic control facilities 
with below-average success rates to determine if training is 
being carried out in accordance with Administration standards, 
and conduct exit interview analyses with all candidates to 
determine potential weaknesses in training protocols, or in 
the execution of such training protocols; and 
(6) prioritize, to the extent practicable, such efforts to 
address the recommendations for the facilities identified in 
the Department of Transportation’s Office of the Inspector Gen-
eral Report Number: AV-2009-047. 
SEC. 225. REPORTS ON STATUS OF GREENER SKIES PROJECT. 
(a) INITIAL REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Administrator of the Federal 
Aviation Administration shall submit to Congress a report on the 
strategy of the Administrator for implementing, on an accelerated 
basis, the NextGen operational capabilities produced by the Greener 
Skies project, as recommended in the final report of the RTCA 
NextGen Mid-Term Implementation Task Force that was issued 
on September 9, 2009. 
(b) SUBSEQUENT REPORTS.— 
(1) IN
GENERAL.—Not later than 180 days after the 
Administrator submits to Congress the report required by sub-
section (a) and annually thereafter until the pilot program
H. R. 658—46 
terminates, the Administrator shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and 
to the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the progress of the 
Administrator in carrying out the strategy described in the 
report submitted under subsection (a). 
(2) CONTENTS.—Each report submitted under paragraph 
(1) shall include the following: 
(A) A timeline for full implementation of the strategy 
described in the report submitted under subsection (a). 
(B) A description of the progress made in carrying 
out such strategy. 
(C) A description of the challenges, if any, encountered 
by the Administrator in carrying out such strategy. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 44703(d) 
is amended by adding at the end the following: 
‘‘(3) A person who is substantially affected by an order of 
the Board under this subsection, or the Administrator if the 
Administrator decides that an order of the Board will have a signifi-
cant adverse impact on carrying out this subtitle, may seek judicial 
review of the order under section 46110. The Administrator shall 
be made a party to the judicial review proceedings. The findings 
of fact of the Board in any such case are conclusive if supported 
by substantial evidence.’’. 
(b) CONFORMING AMENDMENT.—Section 1153(c) is amended by 
striking ‘‘section 44709 or’’ and inserting ‘‘section 44703(d), 44709, 
or’’. 
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFI-
CATES AND SUPPLEMENTAL TYPE CERTIFICATES. 
Section 44704(a) is amended by adding at the end the following: 
‘‘(5) RELEASE OF DATA.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator may make available upon 
request, to a person seeking to maintain the airworthiness 
or develop product improvements of an aircraft, engine, 
propeller, or appliance, engineering data in the possession 
of the Administration relating to a type certificate or a 
supplemental type certificate for such aircraft, engine, pro-
peller, or appliance, without the consent of the owner of 
record, if the Administrator determines that— 
‘‘(i) the certificate containing the requested data 
has been inactive for 3 or more years, except that 
the Administrator may reduce this time if required 
to address an unsafe condition associated with the 
product; 
‘‘(ii) after using due diligence, the Administrator 
is unable to find the owner of record, or the owner 
of record’s heir, of the type certificate or supplemental 
type certificate; and
H. R. 658—47 
‘‘(iii) making such data available will enhance avia-
tion safety. 
‘‘(B) ENGINEERING DATA DEFINED.—In this section, the 
term ‘engineering data’ as used with respect to an aircraft, 
engine, propeller, or appliance means type design drawing 
and specifications for the entire aircraft, engine, propeller, 
or appliance or change to the aircraft, engine, propeller, 
or appliance, including the original design data, and any 
associated supplier data for individual parts or components 
approved as part of the particular certificate for the air-
craft, engine, propeller, or appliance. 
‘‘(C) REQUIREMENT TO MAINTAIN DATA.—The Adminis-
trator shall maintain engineering data in the possession 
of the Administration relating to a type certificate or a 
supplemental type certificate that has been inactive for 
3 or more years.’’. 
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES. 
(a) IN GENERAL.—Section 44704(e) is amended to read as fol-
lows: 
‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.— 
‘‘(1) ISSUANCE.—Beginning January 1, 2013, the Adminis-
trator may issue a certificate to a design organization, produc-
tion organization, or design and production organization to 
authorize the organization to certify compliance of aircraft, 
aircraft engines, propellers, and appliances with the require-
ments and minimum standards prescribed under section 
44701(a). An organization holding a certificate issued under 
this subsection shall be known as a certified design and produc-
tion organization (in this subsection referred to as a ‘CDPO’). 
‘‘(2) APPLICATIONS.—On receiving an application for a 
CDPO certificate, the Administrator shall examine and rate 
the organization submitting the application, in accordance with 
regulations to be prescribed by the Administrator, to determine 
whether the organization has adequate engineering, design, 
and production capabilities, standards, and safeguards to make 
certifications of compliance as described in paragraph (1). 
‘‘(3) ISSUANCE OF CERTIFICATES BASED ON CDPO FINDINGS.— 
The Administrator may rely on certifications of compliance 
by a CDPO when making determinations under this section. 
‘‘(4) PUBLIC SAFETY.—The Administrator shall include in 
a CDPO certificate terms required in the interest of safety. 
‘‘(5) NO EFFECT ON POWER OF REVOCATION.—Nothing in 
this subsection affects the authority of the Secretary of 
Transportation to revoke a certificate.’’. 
(b) APPLICABILITY.—Before January 1, 2013, the Administrator 
of the Federal Aviation Administration may continue to issue certifi-
cates under section 44704(e) of title 49, United States Code, as 
in effect on the day before the date of enactment of this Act. 
(c) CLERICAL AMENDMENTS.—Chapter 447 is amended— 
(1) in the heading for section 44704 by striking ‘‘and 
design organization certificates’’ and inserting ‘‘, and 
design and production organization certificates’’; and