(3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection 
(d)(2); 
(4) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; 
(5) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’; 
(6) by striking ‘‘air carriers’’ and inserting ‘‘air 
carriers or foreign air carriers’’; and 
(7) by striking ‘‘(as defined in section 40102 of 
this title)’’ in subsection (a) and inserting ‘‘(as those 
terms are defined in section 40102)’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 471 is amended by striking the item relating to 
section 47129 and inserting the following: 
‘‘47129. Resolution of disputes concerning airport fees.’’. 
SEC. 150. SALE OF PRIVATE AIRPORTS TO PUBLIC SPON-
SORS. 
(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-
chapter for any portion of the public sponsor’s 
acquisition of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport 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. 
‘‘(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. 151. REPEAL OF CERTAIN LIMITATIONS ON METRO-
POLITAN WASHINGTON AIRPORTS AUTHOR-
ITY. 
Section 49108, and the item relating to section 
49108 in the analysis for chapter 491, are repealed. 
SEC. 152. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Avia-
tion Reauthorization Act (117 Stat. 2518) is amended by 
striking ‘‘October 1, 2010, and for the portion of fiscal 
year 2011 ending before April 1, 2011,’’ and inserting 
‘‘October 1, 2014,’’. 
SEC. 153. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF 
INTEGRATED
AIRPORT
SYSTEMS.—Section 47103 is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘each airport to—’’ and in-
serting ‘‘the airport system to—’’; 
(B) in paragraph (1) by striking ‘‘system 
in the particular area;’’ and inserting ‘‘system, 
including connection to the surface transpor-
tation network; and’’; 
(C) in paragraph (2) by striking ‘‘; and’’ 
and inserting a period; and 
(D) by striking paragraph (3); 
(2) in subsection (b)—
(A) in paragraph (1) by striking the semi-
colon and inserting ‘‘; and’’; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(C) in paragraph (2) (as so redesignated) 
by striking ‘‘, Short Takeoff and Landing/Very 
Short Takeoff and Landing aircraft oper-
ations,’’; and 
(3) in subsection (d) by striking ‘‘status of 
the’’. 
(b) CONSOLIDATION OF TERMINAL DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
(1) by redesignating subsections (a), (b), (c), 
and (d) as subsections (b), (c), (d), and (e), respec-
tively; 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may approve a project for terminal develop-
ment (including multimodal terminal development) 
in a nonrevenue-producing public-use area of a com-
mercial 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 
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 subsection (b)(4)(B) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary’’; 
(4) in subsections (b)(3) and (b)(4)(A) (as re-
designated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d)’’ and inserting ‘‘sub-
section (a)’’; 
(5) in subsection (b)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sub-
section (b)(1) and (2)’’ and inserting ‘‘subsections 
(c)(1) and (c)(2)’’; 
(6) in subsections (c)(2)(A), (c)(3), and (c)(4) 
(as redesignated by paragraph (1) of this sub-
section) by striking ‘‘section 47110(d) of this title’’ 
and inserting ‘‘subsection (a)’’;
(7) in subsection (c)(2)(B) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 47110(d)’’ and inserting ‘‘subsection (a)’’; 
(8) in subsection (c)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 47110(d)’’ and inserting ‘‘subsection (a)’’; and 
(9) by adding at the end the following: 
‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The 
Secretary may distribute not more than $20,000,000 from 
the discretionary fund established under section 47115 for 
terminal development projects at a nonhub airport or a 
small hub airport that is eligible to receive discretionary 
funds under section 47108(e)(3).’’. 
(c) ANNUAL REPORT.—Section 47131(a) is amend-
ed— 
(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’’.
(d) 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),’’. 
(e) CONFORMING AMENDMENT TO CIVIL PENALTY 
ASSESSMENT
AUTHORITY.—Section 
46301(d)(2) 
is 
amended by inserting ‘‘46319,’’ after ‘‘46318,’’. 
(f) OTHER CONFORMING AMENDMENTS.— 
(1) Section 40117(a)(3)(B) is amended by 
striking ‘‘section 47110(d)’’ and inserting ‘‘section 
47119(a)’’. 
(2) Section 47108(e)(3) is amended— 
(A) by striking ‘‘section 47110(d)(2)’’ and 
inserting ‘‘section 47119(a)’’; and 
(B) by striking ‘‘section 47110(d)’’ and in-
serting ‘‘section 47119(a)’’. 
(g) 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))’’. 
(h) DEFINITIONS.—
(1) CONGESTED AIRPORT.—Section 47175(2) is 
amended by striking ‘‘2001’’ and inserting ‘‘2004 or 
any successor report’’. 
(2) JOINT
USE
AIRPORT.—Section 47175 is 
amended by adding at the end the following: 
‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 
airport’ means an airport owned by the Department 
of Defense, at which both military and civilian air-
craft make shared use of the airfield.’’. 
SEC. 154. 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, 
2011’’ and inserting ‘‘September 30, 2014’’. 
SEC. 155. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 
IN COLD WEATHER STATES. 
The Administrator of the Federal Aviation Adminis-
tration, to the extent practicable, shall schedule the Ad-
ministrator’s review of construction projects so that 
projects to be carried out in States in which the weather 
during a typical calendar year prevents major construction 
projects from being carried out before May 1 are reviewed 
as early as possible.
SEC. 156. STUDY ON NATIONAL PLAN OF INTEGRATED AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall begin a study to evaluate the formulation of 
the national plan of integrated airport systems (in this 
section referred to as the ‘‘plan’’) under section 47103 of 
title 49, United States Code. 
(b) CONTENTS OF STUDY.—The study shall include 
a review of the following: 
(1) The criteria used for including airports in 
the plan and the application of such criteria in the 
most recently published version of the plan. 
(2) The changes in airport capital needs as 
shown in the 2005–2009 and 2007–2011 plans, 
compared with the amounts apportioned or other-
wise made available to individual airports between 
2005 and 2010. 
(3) A comparison of the amounts received by 
airports under the airport improvement program in 
airport apportionments, State apportionments, and 
discretionary grants during such fiscal years with 
capital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code.
(5) An analysis on the feasibility and advis-
ability of apportioning amounts under section 
47114(c)(1) of title 49, United States Code, to the 
sponsor of each primary airport for each fiscal year 
an amount that bears the same ratio to the amount 
subject to the apportionment for fiscal year 2009 as 
the number of passenger boardings at the airport 
during the prior calendar year bears to the aggre-
gate of all passenger boardings at all primary air-
ports during that calendar year. 
(6) A documentation and review of the methods 
used by airports to reach the 10,000 passenger 
enplanement threshold, including whether such air-
ports subsidize commercial flights to reach such 
threshold, at every airport in the United States that 
reported between 10,000 and 15,000 passenger 
enplanements during each of the 2 most recent cal-
endar years for which such data is available. 
(7) Any other matters pertaining to the plan 
that the Secretary determines appropriate. 
(c) REPORT TO CONGRESS.— 
(1) SUBMISSION.—Not later than 36 months 
after the date that the Secretary begins the study 
under this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report on the results of the study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each 
of the issues described in subsection (b); 
(B) recommendations for any changes to 
policies and procedures for formulating the 
plan; and 
(C) recommendations for any changes to 
the methods of determining the amounts to be 
apportioned or otherwise made available to indi-
vidual airports. 
SEC. 157. TRANSFERS OF TERMINAL AREA AIR NAVIGATION 
EQUIPMENT TO AIRPORT SPONSORS. 
(a) IN GENERAL.—Chapter 445 is amended by add-
ing at the end the following: 
‘‘§ 44518. Transfers of terminal area air navigation 
equipment to airport sponsors 
‘‘(a) IN GENERAL.—Subject to the requirements of 
this section, the Administrator of the Federal Aviation Ad-
ministrator may carry out a pilot program under which 
the Administrator may transfer ownership, operating, and 
maintenance responsibilities for terminal area air naviga-
tion equipment at an airport to the airport sponsor.
‘‘(b) PARTICIPATION.—The Administrator may select 
the sponsors of not more than 3 nonhub airports, 3 small 
hub airports, 3 medium hub airports, and 1 large hub air-
port to participate in the pilot program. 
‘‘(c) TERMS AND CONDITIONS OF TRANSFER FOR 
AIRPORT SPONSORS.—As a condition of participating in 
the pilot program, the airport sponsor shall provide assur-
ances satisfactory to the Administrator that the sponsor 
will— 
‘‘(1) operate and maintain the terminal area air 
navigation equipment transferred to the sponsor 
under this section in accordance with standards to 
be established by the Administrator; 
‘‘(2) permit the Administrator (or a person des-
ignated by the Administrator) to conduct inspections 
of such terminal area air navigation equipment 
under a schedule established by the Administrator; 
and 
‘‘(3) acquire and maintain new terminal area 
air navigation equipment at the airport as needed to 
replace equipment at the end of its useful life or to 
meet new standards established by the Adminis-
trator. 
‘‘(d) TERMS AND CONDITIONS OF TRANSFER FOR 
ADMINISTRATOR.—When the Administrator approves an
airport sponsor’s participation in the pilot program, the 
Administrator shall transfer, at no cost to the sponsor, 
all rights, title, and interests of the United States in and 
to the terminal area air navigation equipment to be trans-
ferred to the sponsor under the program, including the 
real property on which the equipment is located. 
‘‘(e) TREATMENT OF AIRPORT COSTS.—Any costs in-
curred by an airport sponsor for ownership and mainte-
nance of terminal area air navigation equipment trans-
ferred under this section shall be considered a cost of pro-
viding airfield facilities and services under standards and 
guidelines issued by the Secretary of Transportation under 
section 47129(b)(2) and may be recovered in rates and 
charges assessed for use of the airport’s airfield. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) SPONSOR.—The term ‘sponsor’ has the 
meaning given that term in section 47102. 
‘‘(2) TERMINAL AREA AIR NAVIGATION EQUIP-
MENT.—The term ‘terminal area air navigation 
equipment’ means an air navigation facility as de-
fined in section 40102 that exists to provide ap-
proach and landing guidance to aircraft, but does 
not include buildings used for air traffic control 
functions.
‘‘(g) GUIDELINES.—The Administrator shall issue 
guidelines on the implementation of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 445 is amended by adding at the end the following: 
‘‘44518. Transfers of terminal area air navigation equipment to airport spon-
sors.’’. 
SEC. 158. AIRPORT PRIVATIZATION PROGRAM. 
(a) APPROVAL OF APPLICATIONS.—Section 47134(b) 
is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘5 airports’’ and inserting ‘‘10 airports’’; 
and 
(2) paragraph (1)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) IN
GENERAL.—The Secretary may 
grant an exemption to an airport sponsor from 
the requirements of sections 47107(b) and 
47133 (and any other law, regulation, or grant 
assurance) to the extent necessary to permit the 
sponsor to recover from the sale or lease of the 
airport such amount as may be approved by the 
Secretary after the sponsor has consulted— 
‘‘(i) in the case of a primary airport, 
with each air carrier and foreign air car-
rier serving the airport, as determined by 
the Secretary; and 
‘‘(ii) in the case of a nonprimary air-
port, with at least 65 percent of the own-
ers of aircraft based at that airport, as de-
termined by the Secretary.’’; and 
(B) by striking subparagraph (C). 
(b) TERMS AND CONDITIONS.—Section 47134(c) is 
amended— 
(1) by striking paragraphs (4), (5), and (9); 
(2) by redesignating paragraphs (6), (7), and 
(8) as paragraphs (4), (5), and (6), respectively; and 
(3) by adding at the end the following: 
‘‘(7) A fee imposed by the airport on an air car-
rier or foreign air carrier may not include any por-
tion for a return on investment or recovery of prin-
cipal with respect to consideration paid to a public 
agency for the lease or sale of the airport unless that 
portion of the fee is approved by the air carrier or 
foreign air carrier.’’. 
(c) PARTICIPATION OF CERTAIN AIRPORTS.—Section 
47134 is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) through 
(m) as subsections (d) through (l), respectively.
(d) APPLICABILITY.—The amendments made by this 
section shall apply with respect to an exemption issued to 
an airport under section 47134 of title 49, United States 
Code, before, on, or after the date of enactment of this 
Act. 
TITLE II—NEXTGEN AIR TRANS-
PORTATION SYSTEM AND AIR 
TRAFFIC 
CONTROL 
MOD-
ERNIZATION 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) NEXTGEN.—The term ‘‘NextGen’’ means 
the Next Generation Air Transportation System. 
(2) ADS–B.—The term ‘‘ADS–B’’ means auto-
matic dependent surveillance-broadcast. 
(3) ADS–B OUT.—The term ‘‘ADS–B Out’’ 
means automatic dependent surveillance-broadcast 
with the ability to transmit information from the 
aircraft to ground stations and to other equipped 
aircraft. 
(4) ADS–B IN.—The term ‘‘ADS–B In’’ means 
automatic dependent surveillance-broadcast with the 
ability to transmit information from the aircraft to 
ground stations and to other equipped aircraft as 
well as the ability of the aircraft to receive informa-
tion from other transmitting aircraft and the ground 
infrastructure. 
(5) RNAV.—The term ‘‘RNAV’’ means area 
navigation. 
(6) RNP.—The term ‘‘RNP’’ means required 
navigation performance. 
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS. 
In allocating amounts appropriated pursuant to sec-
tion 48101(a) of title 49, United States Code, the Sec-
retary of Transportation shall give priority to the following 
NextGen activities: 
(1) NextGen demonstrations and infrastructure. 
(2) NextGen trajectory-based operations. 
(3) NextGen reduced weather impact. 
(4) NextGen high-density arrivals/departures. 
(5) NextGen collaborative air traffic manage-
ment. 
(6) NextGen flexible terminals and airports. 
(7) NextGen safety, security, and environmental 
reviews. 
(8) NextGen networked facilities. 
(9) The Center for Advanced Aviation System 
Development. 
(10) NextGen system development.
(11) Data communications system implementa-
tion. 
(12) ADS–B infrastructure deployment and 
operational implementation. 
(13) Systemwide information management. 
(14) NextGen facility consolidation and realign-
ment. 
(15) En route automation modernization. 
(16) National airspace system voice switch. 
(17) NextGen network enabled weather. 
SEC. 203. 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. 204. CHIEF NEXTGEN OFFICER. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) CHIEF NEXTGEN OFFICER.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPOINTMENT.—There shall be a 
Chief NextGen Officer appointed by the Admin-
istrator. The Chief NextGen Officer shall report 
directly to the Administrator and shall be sub-
ject to the authority of the Administrator.
‘‘(B) 
QUALIFICATIONS.—The 
Chief 
NextGen Officer shall have a demonstrated abil-
ity in management and knowledge of or experi-
ence in aviation and systems engineering. 
‘‘(C) TERM.—The Chief NextGen Officer 
shall be appointed for a term of 5 years. 
‘‘(D) REMOVAL.—The Chief NextGen Offi-
cer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall 
make every effort to ensure stability and con-
tinuity in the leadership of the implementation 
of NextGen. 
‘‘(E) VACANCY.—Any individual appointed 
to fill a vacancy in the position of Chief 
NextGen Officer occurring before the expiration 
of the term for which the individual’s prede-
cessor was appointed shall be appointed for the 
remainder of that term. 
‘‘(2) COMPENSATION.— 
‘‘(A) IN
GENERAL.—The Chief NextGen 
Officer shall be paid at an annual rate of basic 
pay to be determined by the Administrator. The 
annual rate may not exceed the annual com-
pensation paid under section 102 of title 3. The 
Chief NextGen Officer shall be subject to the
postemployment provisions of section 207 of 
title 18 as if the position of Chief NextGen Of-
ficer were described in section 207(c)(2)(A)(i) 
of that title. 
‘‘(B) BONUS.—In addition to the annual 
rate of basic pay authorized by subparagraph 
(A), the Chief NextGen Officer may receive a 
bonus for any calendar year not to exceed 30 
percent of the annual rate of basic pay, based 
upon the Administrator’s evaluation of the 
Chief NextGen Officer’s performance in relation 
to the performance goals set forth in the per-
formance agreement described in paragraph 
(3). 
‘‘(3) ANNUAL
PERFORMANCE
AGREEMENT.— 
The Administrator and the Chief NextGen Officer, 
in consultation with the Federal Aviation Manage-
ment Advisory Council, shall enter into an annual 
performance agreement that sets forth measurable 
organization and individual goals for the Chief 
NextGen Officer in key operational areas. The 
agreement shall be subject to review and renegoti-
ation on an annual basis. 
‘‘(4) ANNUAL
PERFORMANCE
REPORT.—The 
Chief NextGen Officer shall prepare and transmit to
the Secretary of Transportation, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Science and 
Technology of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate an annual management report 
containing such information as may be prescribed by 
the Secretary. 
‘‘(5) RESPONSIBILITIES.—The responsibilities 
of the Chief NextGen Officer include the following: 
‘‘(A) Implementing NextGen activities and 
budgets across all program offices of the Fed-
eral Aviation Administration. 
‘‘(B) Coordinating the implementation of 
NextGen activities with the Office of Manage-
ment and Budget. 
‘‘(C) Reviewing and providing advice on 
the Administration’s modernization programs, 
budget, and cost accounting system with respect 
to NextGen. 
‘‘(D) With respect to the budget of the Ad-
ministration— 
‘‘(i) developing a budget request of 
the Administration related to the imple-
mentation of NextGen;
‘‘(ii) submitting such budget request 
to the Administrator; and 
‘‘(iii) ensuring that the budget request 
supports the annual and long-range stra-
tegic plans of the Administration with re-
spect to NextGen. 
‘‘(E) Consulting with the Administrator on 
the Capital Investment Plan of the Administra-
tion prior to its submission to Congress. 
‘‘(F) Developing an annual NextGen imple-
mentation plan. 
‘‘(G) Ensuring that NextGen implementa-
tion activities are planned in such a manner as 
to require that system architecture is designed 
to allow for the incorporation of novel and cur-
rently unknown technologies into NextGen in 
the future and that current decisions do not 
bias future decisions unfairly in favor of exist-
ing technology at the expense of innovation. 
‘‘(H) Coordinating with the NextGen Joint 
Planning and Development Office with respect 
to facilitating cooperation among all Federal 
agencies whose operations and interests are af-
fected by the implementation of NextGen.
‘‘(6) EXCEPTION.—If the Administrator ap-
points as the Chief NextGen Officer, pursuant to 
paragraph (1)(A), an Executive Schedule employee 
covered by section 5315 of title 5, then paragraphs 
(1)(B), (1)(C), (2), and (3) of this subsection shall 
not apply to such employee. 
‘‘(7) NEXTGEN DEFINED.—For purposes of this 
subsection, the term ‘NextGen’ means the Next Gen-
eration Air Transportation System.’’. 
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(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) apparatus, equipment, software, or 
service for distributing aeronautical and mete-
orological information to air traffic control fa-
cilities or aircraft; 
‘‘(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. 206. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by inserting ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘(whether public or pri-
vate)’’ after ‘‘authorities’’; and 
(B) by striking ‘‘safety.’’ and inserting 
‘‘safety or efficiency. The Administrator is au-
thorized to participate in, and submit offers in 
response to, competitions to provide these serv-
ices, and to contract with foreign aviation au-
thorities to provide these services consistent 
with section 106(l)(6).’’; 
(2) in paragraph (2) by adding at the end the 
following: ‘‘The Administrator is authorized, not-
withstanding any other provision of law or policy, to 
accept payments for services provided under this 
subsection in arrears.’’; and 
(3) by striking paragraph (3) and inserting the 
following: 
‘‘(3) CREDITING APPROPRIATIONS.—Funds re-
ceived by the Administrator pursuant to this section 
shall— 
‘‘(A) be credited to the appropriation cur-
rent when the amount is received; 
‘‘(B) be merged with and available for the 
purposes of such appropriation; and 
‘‘(C) remain available until expended.’’. 
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) REDESIGNATION OF JPDO DIRECTOR TO ASSO-
CIATE ADMINISTRATOR.—
(1) ASSOCIATE
ADMINISTRATOR
FOR
NEXT 
GENERATION AIR TRANSPORTATION SYSTEM PLAN-
NING, DEVELOPMENT, AND INTERAGENCY COORDI-
NATION.—Section 709(a) of the Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 
40101 note; 117 Stat. 2582) is amended— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) The head of the Office shall be the Associate 
Administrator for Next Generation Air Transportation 
System Planning, Development, and Interagency Coordi-
nation, who shall be appointed by the Administrator of 
the Federal Aviation Administration. The Administrator 
shall appoint the Associate Administrator after consulting 
with the Chairman of the Next Generation Senior Policy 
Committee and providing advanced notice to the other 
members of that Committee.’’. 
(2) RESPONSIBILITIES.—Section 709(a)(3) of 
such Act (as redesignated by paragraph (1) of this 
subsection) is amended— 
(A) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon;
(B) in subparagraph (H) by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(I) establishing specific quantitative goals 
for the safety, capacity, efficiency, performance, 
and environmental impacts of each phase of 
Next Generation Air Transportation System 
planning and development activities and meas-
uring actual operational experience against 
those goals, taking into account noise pollution 
reduction concerns of affected communities to 
the extent practicable in establishing the envi-
ronmental 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 
and in consultation with the Chief NextGen Of-
ficer, the selection of products or outcomes of
research and development activities that should 
be moved to a demonstration phase; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation System enterprise 
architecture 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— 
(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-
lating to the Next Generation Air Transportation 
System. 
‘‘(C) The head of a Federal agency referred to in sub-
paragraph (B) shall— 
‘‘(i) ensure that the responsibilities of the agen-
cy relating to the Next Generation Air Transpor-
tation System are clearly communicated to the sen-
ior official of the agency designated under subpara-
graph (B); 
‘‘(ii) ensure that the performance of the senior 
official in carrying out the responsibilities of the 
agency relating to the Next Generation Air Trans-
portation System is reflected in the official’s annual 
performance evaluations and compensation;
‘‘(iii) establish or designate an office within the 
agency to carry out its responsibilities under the 
memorandum of understanding under the super-
vision of the designated official; and 
‘‘(iv) ensure that the designated official has suf-
ficient budgetary authority and staff resources to 
carry out the agency’s Next Generation Air Trans-
portation System responsibilities as set forth in the 
integrated plan under subsection (b). 
‘‘(D) 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 of the Office of Management and 
Budget, to the extent practicable, 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 
‘‘(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; 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 Planning, Develop-
ment, and Interagency Coordination shall be a voting
member of the Joint Resources Council of the Federal 
Aviation Administration.’’. 
(b) INTEGRATED PLAN.—Section 709(b) of such Act 
(117 Stat. 2583) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘meets air’’ and inserting 
‘‘meets anticipated future air’’; and 
(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
(2) at the end of paragraph (3) by striking 
‘‘and’’; 
(3) at the end of paragraph (4) by striking the 
period and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(5) a multiagency integrated work plan for the 
Next Generation Air Transportation System that 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 
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; 
‘‘(G) date-specific timetables for meeting 
the environmental goals identified in subsection 
(a)(3)(I); and 
‘‘(H) a description of potentially signifi-
cant operational or workforce changes resulting 
from deployment of the Next Generation Air 
Transportation System.’’. 
(c) NEXTGEN
IMPLEMENTATION
PLAN.—Section 
709(d) of such Act (117 Stat. 2584) is amended to read 
as follows: 
‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Ad-
ministrator shall develop and publish annually the docu-
ment known as the NextGen Implementation Plan, or any 
successor document, that provides a detailed description
of how the agency is implementing the Next Generation 
Air Transportation System.’’. 
(d) CONTINGENCY PLANNING.—The Associate Ad-
ministrator for the Next Generation Air Transportation 
System Planning, Development, and Interagency Coordi-
nation 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. 
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of the Vision 100— 
Century of Aviation Reauthorization Act (49 U.S.C. 
40101 note; 117 Stat. 2584) is amended by inserting be-
fore the period at the end the following ‘‘and shall meet 
at least twice each year’’. 
(b) ANNUAL REPORT.—Section 710 of such Act (117 
Stat. 2584) is amended by adding at the end the following: 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) SUBMISSION
TO
CONGRESS.—Not later 
than 1 year after the date of enactment of this sub-
section, and annually thereafter on the date of sub-
mission of the President’s budget request to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to Congress
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; 
‘‘(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. 210. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a) is amended by striking paragraphs 
(2) and (3) and inserting the following: 
‘‘(2) may construct and improve laboratories 
and other test facilities; and 
‘‘(3) may dispose of any interest in property for 
adequate compensation, and the amount so received 
shall— 
‘‘(A) be credited to the appropriation cur-
rent when the amount is received; 
‘‘(B) be merged with and available for the 
purposes of such appropriation; and 
‘‘(C) remain available until expended.’’. 
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REVIEW BY DOT INSPECTOR GENERAL.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall conduct a 
review concerning the Federal Aviation Administra-
tion’s award and oversight of any contracts 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 the Administra-
tion manages program risks; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B serv-
ices, including the Administration’s plans for 
implementation of advanced operational proce-
dures and air-to-air applications, as well as the 
extent to which ground radar will be retained; 
(C) an assessment of the Administration’s 
analysis of specific operational benefits, and 
benefit/costs analyses of planned operational 
benefits conducted by the Administration, for 
ADS–B In and ADS–B Out avionics equipage 
for airspace users; 
(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 how security issues 
are being 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 submit, periodically (and on at least an 
annual basis), to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the review conducted under this subsection. 
(b) RULEMAKINGS.— 
(1) ADS–B IN.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking proceeding to issue guidelines and reg-
ulations relating to ADS–B In technology that—
(A) identify the ADS–B In technology that 
will be required under NextGen; 
(B) subject to paragraph (2), require all 
aircraft operating in capacity constrained air-
space, at capacity constrained airports, or in 
any other airspace deemed appropriate by the 
Administrator to be equipped with ADS–B In 
technology by 2020; and 
(C) identify— 
(i) the type of avionics required of air-
craft for all classes of airspace; 
(ii) the expected costs associated with 
the avionics; and 
(iii) the expected uses and benefits of 
the avionics. 
(2) READINESS VERIFICATION.—Before the Ad-
ministrator completes an ADS–B In equipage rule-
making proceeding or issues and interim or final 
rule pursuant to paragraph (1), the Chief NextGen 
Officer shall verify that— 
(A) the necessary ground infrastructure is 
installed and functioning properly; 
(B) certification standards have been ap-
proved; and
(C) 
appropriate 
operational 
platforms 
interface safely and efficiently. 
(c) USE OF ADS–B TECHNOLOGY.— 
(1) PLANS.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall develop, in consultation with appropriate em-
ployee and industry groups, a plan for the use of 
ADS–B technology for surveillance and active air 
traffic control. 
(2) CONTENTS.—The plan shall— 
(A) include provisions to test the use of 
ADS–B technology for surveillance and active 
air traffic control in specific regions of the 
United States with the most congested airspace; 
(B) identify the equipment required at air 
traffic control facilities and the training re-
quired for air traffic controllers; 
(C) identify procedures, to be developed in 
consultation with appropriate employee and in-
dustry groups, to conduct air traffic manage-
ment in mixed equipage environments; and 
(D) establish a policy in test regions re-
ferred to in subparagraph (A), in consultation 
with appropriate employee and industry groups, 
to provide incentives for equipage with ADS–B
technology, including giving priority to aircraft 
equipped with such technology before the 2020 
equipage deadline. 
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR NEXTGEN. 
(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 NextGen. 
(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) determine how risks with automation efforts 
for the NextGen can be mitigated based on the expe-
riences of other public or private entities in devel-
oping complex, software-intensive systems. 
(c) REPORT.—Not later than 1 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 containing the results of the review conducted pur-
suant to subsection (a). 
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES. 
(a) AIRPORT PROCEDURES.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall 
publish a report, after consultation with representa-
tives of appropriate Administration employee groups, 
airport operators, air carriers, general aviation rep-
resentatives, flight path service providers, and air-
craft manufacturers that includes the following: 
(A) RNP/RNAV OPERATIONS.—The re-
quired navigation performance and area naviga-
tion operations, including the procedures to be 
developed, certified, and published and the air 
traffic control operational changes, to maximize 
the efficiency and capacity of NextGen commer-
cial operations at the 35 operational evolution 
partnership airports identified by the Adminis-
tration. 
(B) COORDINATION AND IMPLEMENTATION 
ACTIVITIES.—A description of the activities and 
operational changes and approvals required to 
coordinate and utilize those procedures at those 
airports. 
(C) IMPLEMENTATION PLAN.—A plan for 
implementing those procedures that estab-
lishes— 
(i) clearly defined budget, schedule, 
project organization, and leadership re-
quirements; 
(ii) specific implementation and tran-
sition steps; and 
(iii) baseline and performance metrics 
for— 
(I) measuring the Administra-
tion’s progress in implementing the 
plan, including the percentage utiliza-
tion of required navigation perform-
ance in the national airspace system; 
and
(II) achieving measurable fuel 
burn and carbon dioxide emissions re-
ductions compared to current per-
formance; and 
(iv) expedited environmental review 
procedures for timely environmental ap-
proval of area navigation and required 
navigation performance that offer signifi-
cant efficiency improvements as deter-
mined by baseline and performance metrics 
under clause (iii). 
(D) ADDITIONAL
PROCEDURES.—A proc-
ess for the identification, certification, and pub-
lication of additional required navigation per-
formance and area navigation procedures that 
may be required at such airports in the future. 
(2) IMPLEMENTATION
SCHEDULE.—The Ad-
ministrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
not later than 18 months after the date of en-
actment of this Act; 
(B) 60 percent of the procedures not later 
than 36 months after the date of enactment of 
this Act; and
(C) 100 percent of the procedures before 
June 30, 2015. 
(b) ESTABLISHMENT OF PRIORITIES.—The Adminis-
trator shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
to establish priorities for the development, certification, 
publication, and implementation of the navigation per-
formance and area navigation procedures based on their 
potential safety and efficiency benefits to other airports 
in the national airspace system, including small and me-
dium hub airports. 
(c) COORDINATED AND EXPEDITED REVIEW.—Navi-
gation performance and area navigation procedures devel-
oped, certified, published, and implemented under this sec-
tion shall be presumed to be covered by a categorical ex-
clusion (as defined in section 1508.4 of title 40, Code of 
Federal Regulations) under chapter 3 of FAA Order 
1050.1E unless the Administrator determines that ex-
traordinary circumstances exist with respect to the proce-
dure. 
(d) DEPLOYMENT PLAN
FOR NATIONWIDE DATA 
COMMUNICATIONS SYSTEM.—Not later than 1 year after 
the date of enactment of this Act, the Administrator shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives a plan for implementation of a nationwide 
data communications system. The plan shall include— 
(1) clearly defined budget, schedule, project or-
ganization, and leadership requirements; 
(2) specific implementation and transition 
steps; and 
(3) baseline and performance metrics for meas-
uring the Administration’s progress in implementing 
the plan. 
(e) IMPROVED PERFORMANCE STANDARDS.— 
(1) ASSESSMENT OF WORK BEING PERFORMED 
UNDER
NEXTGEN
IMPLEMENTATION
PLAN.—The 
Administrator shall clearly outline in the NextGen 
Implementation Plan document of the Administra-
tion the work being performed under the plan to de-
termine— 
(A) whether utilization of ADS–B, RNP, 
and other technologies as part of NextGen im-
plementation will display the position of aircraft 
more accurately and frequently so as to enable 
a more efficient use of existing airspace and re-
sult in reduced consumption of aviation fuel 
and aircraft engine emissions; and
(B) the feasibility of reducing aircraft sep-
aration standards in a safe manner as a result 
of the implementation of such technologies. 
(2) AIRCRAFT SEPARATION STANDARDS.—If the 
Administrator determines that the standards re-
ferred to in paragraph (1)(B) can be reduced safely, 
the Administrator shall include in the NextGen Im-
plementation Plan a timetable for implementation of 
such reduced standards. 
(f) THIRD-PARTY USAGE.—The Administration shall 
establish a program under which the Administration will 
use third parties in the development, testing, and mainte-
nance of flight procedures. 
SEC. 214. PERFORMANCE METRICS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall establish and begin 
tracking national airspace system performance metrics, in-
cluding, at a minimum, metrics with respect to— 
(1) actual arrival and departure rates per hour 
measured against the currently published aircraft 
arrival rate and aircraft departure rate for the 35 
operational evolution partnership airports; 
(2) average gate-to-gate times; 
(3) fuel burned between key city pairs;
100 
(4) operations using the advanced navigation 
procedures, including performance based navigation 
procedures; 
(5) the average distance flown between key city 
pairs; 
(6) the time between pushing back from the 
gate and taking off; 
(7) continuous climb or descent; 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city 
pairs; 
(10) implementation of NextGen Implementa-
tion Plan, or any successor document, capabilities 
designed to reduce emissions and fuel consumption; 
(11) the Administration’s unit cost of providing 
air traffic control services; and 
(12) runway safety, including runway incur-
sions, operational errors, and loss of standard sepa-
ration events. 
(b) BASELINES.—The Administrator, in consultation 
with aviation industry stakeholders, shall identify base-
lines for each of the metrics established under subsection 
(a) and appropriate methods to measure deviations from 
the baselines.
101 
(c) PUBLICATION.—The Administrator shall make 
data obtained under subsection (a) available to the public 
in a searchable, sortable, and downloadable format 
through the Web site of the Administration and other ap-
propriate media. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a re-
port that contains— 
(1) a description of the metrics that will be 
used to measure the Administration’s progress in 
implementing NextGen capabilities and operational 
results; 
(2) information on any additional metrics devel-
oped; and 
(3) a process for holding the Administration ac-
countable for meeting or exceeding the metrics base-
lines identified in subsection (b). 
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall develop a plan to accelerate and stream-
102 
line the process for certification of NextGen technologies, 
including— 
(1) establishment of updated project plans and 
timelines; 
(2) identification of the specific activities need-
ed to certify NextGen technologies, including the es-
tablishment of NextGen technical requirements for 
the manufacture of equipage, installation of equi-
page, airline operational procedures, pilot training 
standards, air traffic control procedures, and air 
traffic controller training; 
(3) identification of staffing requirements for 
the Air Certification Service and the Flight Stand-
ards Service, taking into consideration the leveraging 
of assistance from third parties and designees; 
(4) establishment of a program under which the 
Administration will use third parties in the certifi-
cation process; and 
(5) establishment of performance metrics to 
measure the Administration’s progress. 
SEC. 216. SURFACE SYSTEMS ACCELERATION. 
(a) IN GENERAL.—The Chief Operating Officer of 
the Air Traffic Organization shall— 
(1) evaluate the Airport Surface Detection 
Equipment-Model X program for its potential con-
103 
tribution to implementation of the NextGen initia-
tive; 
(2) evaluate airport surveillance technologies 
and associated collaborative surface management 
software for potential contributions to implementa-
tion of NextGen surface management; 
(3) accelerate implementation of the program 
referred to in paragraph (1); and 
(4) carry out such additional duties as the Ad-
ministrator of the Federal Aviation Administration 
may require. 
(b) EXPEDITED
CERTIFICATION
AND
UTILIZA-
TION.—The Administrator shall— 
(1) consider options for expediting the certifi-
cation of Ground-Based Augmentation System tech-
nology; and 
(2) develop a plan to utilize such a system at 
the 35 operational evolution partnership airports by 
September 30, 2012. 
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwith-
standing any other law or agreement, the Administrator 
of the Federal Aviation Administration shall establish a 
process or processes for including qualified employees to
104 
serve in a collaborative and expert capacity in the planning 
and development of air traffic control modernization 
projects, including NextGen. 
(b) ADHERENCE
TO DEADLINES.—Participants in 
these processes shall adhere to all deadlines and mile-
stones established pursuant to this title. 
(c) NO CHANGE IN EMPLOYEE STATUS.—Participa-
tion in these processes by an employee shall not— 
(1) serve as a waiver of any bargaining obliga-
tions or rights; 
(2) entitle the employee to any additional com-
pensation or benefits; or 
(3) entitle the employee to prevent or unduly 
delay the exercise of management prerogatives. 
(d) WORKING GROUPS.—Except in extraordinary cir-
cumstances, the Administrator shall not pay overtime re-
lated to work group participation. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall report 
to Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate con-
cerning the disputes between participating employees and 
Administration management that have led to delays to the 
implementation of NextGen, including information on the
105 
source of the dispute, the resulting length of delay, and 
associated cost increases. 
SEC. 218. 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 NextGen 
Implementation Plan. 
(3) Funding cuts have led to delays and defer-
rals of critical capacity enhancing airspace redesign 
efforts. 
(4) Several new runways planned for the period 
of fiscal years 2011 and 2012 will not provide esti-
mated capacity benefits without additional funds. 
(b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/ 
PHILADELPHIA METROPOLITAN AREA AIRSPACE REDE-
SIGN.—
106 
(1) MONITORING.—The Administrator of the 
Federal Aviation Administration, in conjunction with 
the Port Authority of New York and New Jersey 
and the Philadelphia International Airport, shall 
monitor the noise impacts of the New York/New 
Jersey/Philadelphia Metropolitan Area Airspace Re-
design. 
(2) REPORT.—Not later than 1 year following 
the first day of completion of the New York/New 
Jersey/Philadelphia Metropolitan Area Airspace Re-
design, the Administrator shall submit to Congress 
a report on the findings of the Administrator with 
respect to monitoring conducted under paragraph 
(1). 
SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A 
PUBLIC INTERNET WEB-BASED RESOURCE 
ON LOCATIONS OF POTENTIAL AVIATION OB-
STRUCTIONS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall carry out a study on the feasi-
bility of developing a publicly searchable, Internet Web- 
based resource that provides information regarding the 
height and latitudinal and longitudinal locations of guy- 
wire and free-standing tower obstructions.
107 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall consult with affected industries and 
appropriate Federal agencies. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
a report to the appropriate committees of Congress on the 
results of the study. 
SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CEN-
TER OF EXCELLENCE. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration may enter into an agreement, on 
a competitive basis, to assist the establishment of a center 
of excellence for the research and development of NextGen 
technologies. 
(b) FUNCTIONS.—The Administrator shall ensure 
that the center established under subsection (a)— 
(1) leverages resources and partnerships, in-
cluding appropriate programs of the Administration, 
to enhance the research and development of 
NextGen technologies by academia and industry; and 
(2) provides educational, technical, and analyt-
ical assistance to the Administration and other Fed-
eral departments and agencies with responsibilities 
to research and develop NextGen technologies.
108 
SEC. 221. NEXTGEN PUBLIC-PRIVATE PARTNERSHIPS. 
(a) DEVELOPMENT OF PLAN.—Not later than 120 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall de-
velop a plan to expedite the equipage of general aviation 
and commercial aircraft with NextGen technologies. 
(b) CONTENTS.—At a minimum, the plan shall— 
(1) be based on public-private partnership prin-
ciples; and 
(2) leverage the use of private sector capital. 
(c) REPORT.—Not later than 150 days after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the plan. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec-
tion 44703(d) is amended by adding at the end the fol-
lowing: 
‘‘(3) A person who is substantially affected by an 
order of the Board under this subsection, or the Adminis-
trator if the Administrator decides that an order of the 
Board will have a significant adverse impact on carrying 
out this subtitle, may seek judicial review of the order 
under section 46110. The Administrator shall be made a
109 
party to the judicial review proceedings. The findings of 
fact of the Board in any such case are conclusive if sup-
ported 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 CERTIFICATES 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 provision of law, the Administrator may 
make available upon request, to a person seek-
ing 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 certifi-
cate for such aircraft, engine, propeller, or ap-
pliance, without the consent of the owner of 
record, if the Administrator determines that— 
‘‘(i) the certificate containing the re-
quested data has been inactive for 3 or
110 
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 Ad-
ministrator is unable to find the owner of 
record, or the owner of record’s heir, of the 
type certificate or supplemental type cer-
tificate; and 
‘‘(iii) making such data available will 
enhance aviation 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 speci-
fications for the entire aircraft, engine, pro-
peller, or appliance or change to the aircraft, 
engine, propeller, or appliance, including the 
original design data, and any associated sup-
plier data for individual parts or components 
approved as part of the particular certificate for 
the aircraft, engine, propeller, or appliance. 
‘‘(C) REQUIREMENT TO MAINTAIN DATA.— 
The Administrator shall maintain engineering 
data in the possession of the Administration re-
111 
lating to a type certificate or a supplemental 
type certificate that has been inactive for 3 or 
more years.’’. 
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CER-
TIFICATES. 
(a) IN GENERAL.—Section 44704(e) is amended to 
read as follows: 
‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CER-
TIFICATES.— 
‘‘(1) ISSUANCE.—Beginning January 1, 2013, 
the Administrator may issue a certificate to a design 
organization, production organization, or design and 
production organization to authorize the organiza-
tion to certify compliance of aircraft, aircraft en-
gines, propellers, and appliances with the require-
ments and minimum standards prescribed under sec-
tion 44701(a). An organization holding a certificate 
issued under this subsection shall be known as a cer-
tified design and production organization (in this 
subsection referred to as a ‘CDPO’). 
‘‘(2) APPLICATIONS.—On receiving an applica-
tion for a CDPO certificate, the Administrator shall 
examine and rate the organization submitting the 
application, in accordance with regulations to be pre-
scribed by the Administrator, to determine whether
112 
the organization has adequate engineering, design, 
and production capabilities, standards, and safe-
guards to make certifications of compliance as de-
scribed in paragraph (1). 
‘‘(3) ISSUANCE
OF
CERTIFICATES
BASED
ON 
CDPO FINDINGS.—The Administrator may rely on 
certifications of compliance by a CDPO when mak-
ing 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 certifi-
cate.’’. 
(b) APPLICABILITY.—Before January 1, 2013, the 
Administrator of the Federal Aviation Administration may 
continue to issue certificates 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
113 
inserting ‘‘, and design and production or-
ganization certificates’’; and 
(2) in the analysis for such chapter by striking 
the item relating to section 44704 and inserting the 
following: 
‘‘44704. Type certificates, production certificates, airworthiness certificates, and 
design and production organization certificates.’’. 
SEC. 304. AIRCRAFT CERTIFICATION PROCESS REVIEW AND 
REFORM. 
(a) GENERAL.—The Administrator of the Federal 
Aviation Administration, in consultation with representa-
tives of the aviation industry, shall conduct an assessment 
of the certification and approval process under section 
44704 of title 49, United States Code. 
(b) CONTENTS.—In conducting the assessment, the 
Administrator shall consider— 
(1) the expected number of applications for 
product certifications and approvals the Adminis-
trator will receive under section 44704 of such title 
in the 1-year, 5-year, and 10-year periods following 
the date of enactment of this Act; 
(2) process reforms and improvements nec-
essary to allow the Administrator to review and ap-
prove the applications in a fair and timely fashion;
114 
(3) the status of recommendations made in pre-
vious reports on the Administration’s certification 
process; 
(4) methods for enhancing the effective use of 
delegation systems, including organizational designa-
tion authorization; 
(5) methods for training the Administration’s 
field office employees in the safety management sys-
tem and auditing; and 
(6) the status of updating airworthiness re-
quirements, including implementing recommenda-
tions in the Administration’s report entitled ‘‘Part 
23—Small Airplane Certification Process Study’’ 
(OK–09–3468, dated July 2009). 
(c) RECOMMENDATIONS.—In conducting the assess-
ment, the Administrator shall make recommendations to 
improve efficiency and reduce costs through streamlining 
and reengineering the certification process under section 
44704 of such title to ensure that the Administrator can 
conduct certifications and approvals under such section in 
a manner that supports and enables the development of 
new products and technologies and the global competitive-
ness of the United States aviation industry. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit
115 
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 assessment, together with an 
explanation of how the Administrator will implement rec-
ommendations made under subsection (c) and measure the 
effectiveness of the recommendations. 
(e) IMPLEMENTATION OF RECOMMENDATIONS.—Not 
later than 1 year after the date of enactment of this Act, 
the Administrator shall begin to implement the rec-
ommendations made under subsection (c). 
SEC. 305. CONSISTENCY OF REGULATORY INTERPRETA-
TION. 
(a) ESTABLISHMENT
OF ADVISORY PANEL.—Not 
later than 90 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall establish an advisory panel comprised of both Gov-
ernment and industry representatives to— 
(1) review the October 2010 report by the Gov-
ernment Accountability Office on certification and 
approval processes (GAO–11–14); and 
(2) develop recommendations to address the 
findings in the report and other concerns raised by 
interested parties, including representatives of the 
aviation industry.
116 
(b) MATTERS TO BE CONSIDERED.—The advisory 
panel shall— 
(1) determine the root causes of inconsistent in-
terpretation of regulations by the Administration’s 
Flight Standards Service and Aircraft Certification 
Service; 
(2) develop recommendations to improve the 
consistency of interpreting regulations by the Ad-
ministration’s Flight Standards Service and Aircraft 
Certification Service; and 
(3) develop recommendations to improve com-
munications between the Administration’s Flight 
Standards Service and Aircraft Certification Service 
and applicants and certificate and approval holders 
for the identification and resolution of potentially 
adverse issues in an expeditious and fair manner. 
(c) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Administrator shall transmit 
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 findings of the advisory panel, together with 
an explanation of how the Administrator will implement 
the recommendations of the advisory panel and measure 
the effectiveness of the recommendations.
117 
SEC. 306. RUNWAY SAFETY. 
(a) STRATEGIC RUNWAY SAFETY PLAN.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall 
develop and submit to Congress a report containing 
a strategic runway safety plan. 
(2) CONTENTS OF PLAN.—The strategic run-
way safety plan— 
(A) shall include, at a minimum— 
(i) goals to improve runway safety; 
(ii) near and long term actions de-
signed to reduce the severity, number, and 
rate of runway incursions, losses of stand-
ard separation, and operational errors; 
(iii) time frames and resources needed 
for the actions described in clause (ii); 
(iv) a continuous evaluative process to 
track performance toward the goals re-
ferred to in clause (i); and 
(v) a review of every commercial serv-
ice airport (as defined in section 47102 of 
title 49, United States Code) in the United 
States and proposed action to improve air-
port lighting, provide better signs, and im-
prove runway and taxiway markings; and
118 
(B) shall address the increased runway 
safety risk associated with the expected in-
creased volume of air traffic. 
(b) PROCESS.—Not later than 6 months after the 
date of enactment of this Act, the Administrator shall de-
velop a process for tracking and investigating operational 
errors, losses of standard separation, and runway incur-
sions that includes procedures for— 
(1) identifying who is responsible for tracking 
operational errors, losses of standard separation, 
and runway incursions, including a process for lower 
level employees to report to higher supervisory levels 
and for frontline managers to receive the informa-
tion in a timely manner; 
(2) conducting periodic random audits of the 
oversight process; and 
(3) ensuring proper accountability. 
(c) PLAN FOR INSTALLATION AND DEPLOYMENT OF 
SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY 
INCURSIONS.—Not later than December 31, 2011, the Ad-
ministrator shall submit to Congress a report containing 
a plan for the installation and deployment of systems the 
Administrator is installing to alert controllers or flight 
crewmembers, or both, of potential runway incursions. 
The plan shall be integrated into the annual NextGen Im-
119 
plementation Plan document of the Administration or any 
successor document. 
SEC. 307. IMPROVED PILOT LICENSES. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall begin to issue im-
proved pilot licenses consistent with the requirements of 
title 49, United States Code, and title 14, Code of Federal 
Regulations. 
(b) REQUIREMENTS.—Improved pilot licenses issued 
under subsection (a) shall— 
(1) be resistant to tampering, alteration, and 
counterfeiting; 
(2) include a photograph of the individual to 
whom the license is issued; and 
(3) be capable of accommodating a digital pho-
tograph, a biometric identifier, and any other unique 
identifier that the Administrator considers nec-
essary. 
(c) TAMPERING.—To the extent practical, the Admin-
istrator shall develop methods to determine or reveal 
whether any component or security feature of a license 
issued under subsection (a) has been tampered with, al-
tered, or counterfeited.
120 
(d) USE OF DESIGNEES.—The Administrator may 
use designees to carry out subsection (a) to the extent fea-
sible in order to minimize the burdens on pilots. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, 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 Sen-
ate a report on the issuance of improved pilot li-
censes under this section. 
(2) EXPIRATION.—The Administrator shall not 
be required to submit annual reports under this sub-
section after the date on which the Administrator 
begins issuing improved pilot licenses under this sec-
tion or December 31, 2015, whichever occurs first. 
SEC. 308. FLIGHT STANDARDS EVALUATION PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall modify the Flight 
Standards Evaluation Program— 
(1) to include periodic and random reviews as 
part of the Administration’s oversight of air carriers; 
and
121 
(2) to prohibit an individual from participating 
in a review or audit of an office with responsibility 
for an air carrier under the program if the indi-
vidual, at any time in the 5-year period preceding 
the date of the review or audit, had responsibility for 
inspecting, or overseeing the inspection of, the oper-
ations of that carrier. 
(b) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this Act, and annually thereafter, 
the Administrator shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report on the Flight Stand-
ards Evaluation Program, including the Administrator’s 
findings and recommendations with respect to the pro-
gram. 
(c) FLIGHT STANDARDS EVALUATION PROGRAM DE-
FINED.—In this section, the term ‘‘Flight Standards Eval-
uation Program’’ means the program established by the 
Federal Aviation Administration in FS 1100.1B CHG3, 
including any subsequent revisions thereto. 
SEC. 309. COCKPIT SMOKE. 
(a) STUDY.—The Comptroller General shall conduct 
a study on the effectiveness of oversight activities of the 
Federal Aviation Administration relating to the use of new
122 
technologies to prevent or mitigate the effects of dense, 
continuous smoke in the cockpit of a commercial aircraft. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
SEC. 310. SAFETY OF AIR AMBULANCE OPERATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following: 
‘‘§ 44730. Helicopter air ambulance operations 
‘‘(a) COMPLIANCE REGULATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 6 months after the date of 
enactment of this section, part 135 certificate hold-
ers providing air ambulance services shall comply, 
whenever medical personnel are onboard the aircraft, 
with regulations pertaining to weather minimums 
and flight and duty time under part 135. 
‘‘(2) EXCEPTION.—If a certificate holder de-
scribed in paragraph (1) is operating, or carrying 
out training, under instrument flight rules, the 
weather reporting requirement at the destination 
shall not apply until such time as the Administrator 
of the Federal Aviation Administration determines 
that portable, reliable, and accurate ground-based
123 
weather measuring and reporting systems are avail-
able. 
‘‘(b) RULEMAKING.—The Administrator shall con-
duct a rulemaking proceeding to improve the safety of 
flight crewmembers, medical personnel, and passengers 
onboard helicopters providing air ambulance services 
under part 135. 
‘‘(c) MATTERS TO BE ADDRESSED.—In conducting 
the rulemaking proceeding under subsection (b), the Ad-
ministrator shall address the following: 
‘‘(1) Flight request and dispatch procedures, in-
cluding performance-based flight dispatch proce-
dures. 
‘‘(2) Pilot training standards, including— 
‘‘(A) mandatory training requirements, in-
cluding a minimum time for completing the 
training requirements; 
‘‘(B) training subject areas, such as com-
munications procedures and appropriate tech-
nology use; and 
‘‘(C) establishment of training standards 
in— 
‘‘(i) crew resource management; 
‘‘(ii) flight risk evaluation;
124 
‘‘(iii) preventing controlled flight into 
terrain; 
‘‘(iv) recovery from inadvertent flight 
into instrument meteorological conditions; 
‘‘(v) operational control of the pilot in 
command; and 
‘‘(vi) use of flight simulation training 
devices and line-oriented flight training. 
‘‘(3) Safety-enhancing technology and equip-
ment, including— 
‘‘(A) helicopter terrain awareness and 
warning systems; 
‘‘(B) radar altimeters; 
‘‘(C) devices that perform the function of 
flight data recorders and cockpit voice record-
ers, to the extent feasible; and 
‘‘(D) safety equipment that should be worn 
or used by flight crewmembers and medical per-
sonnel on a flight, including the possible use of 
shoulder harnesses, helmets, seatbelts, and fire 
resistant clothing to enhance crash surviv-
ability. 
‘‘(4) Such other matters as the Administrator 
considers appropriate.
125 
‘‘(d) MINIMUM REQUIREMENTS.—In issuing a final 
rule under subsection (b), the Administrator, at a min-
imum, shall provide for the following: 
‘‘(1) FLIGHT
RISK
EVALUATION
PROGRAM.— 
The Administrator shall ensure that a part 135 cer-
tificate holder providing helicopter air ambulance 
services— 
‘‘(A) establishes a flight risk evaluation 
program, based on FAA Notice 8000.301 
issued by the Administration on August 1, 
2005, including any updates thereto; 
‘‘(B) as part of the flight risk evaluation 
program, develops a checklist for use by pilots 
in determining whether a flight request should 
be accepted; and 
‘‘(C) requires the pilots of the certificate 
holder to use the checklist. 
‘‘(2) OPERATIONAL
CONTROL
CENTER.—The 
Administrator shall ensure that a part 135 certifi-
cate holder providing helicopter air ambulance serv-
ices using 10 or more helicopters has an operational 
control center that meets such requirements as the 
Administrator may prescribe. 
‘‘(e) RULEMAKING.—The Administrator shall—
126 
‘‘(1) not later than 180 days after the date of 
enactment of this section, issue a notice of proposed 
rulemaking under subsection (b); and 
‘‘(2) not later than 16 months after the last 
day of the comment period on the proposed rule, 
issue a final rule. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) PART 135.—The term ‘part 135’ means 
part 135 of title 14, Code of Federal Regulations. 
‘‘(2) PART
135
CERTIFICATE
HOLDER.—The 
term ‘part 135 certificate holder’ means a person 
holding a certificate issued under part 135. 
‘‘§ 44731. Collection of data on helicopter air ambu-
lance operations 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall require a part 135 cer-
tificate holder providing helicopter air ambulance services 
to submit to the Administrator, not later than 1 year after 
the date of enactment of this section, and annually there-
after, a report containing, at a minimum, the following 
data: 
‘‘(1) The number of helicopters that the certifi-
cate holder uses to provide helicopter air ambulance 
services and the base locations of the helicopters.
209 
(d) IDENTIFICATION
OF
JURISDICTIONAL
AGEN-
CIES.—Section 47171(d) is amended by striking ‘‘each 
airport capacity enhancement project at a congested air-
port’’ and inserting ‘‘a project described in subsection 
(b)(1)’’. 
(e) 
LEAD
AGENCY
RESPONSIBILITY.—Section 
47171(h) is amended by striking ‘‘airport capacity en-
hancement projects at congested airports’’ and inserting 
‘‘projects described in subsection (b)(1)’’. 
(f) ALTERNATIVES ANALYSIS.—Section 47171(k) is 
amended by striking ‘‘an airport capacity enhancement 
project at a congested airport’’ and inserting ‘‘a project 
described in subsection (b)(1)’’. 
(g) DEFINITIONS.—Section 47171 is amended by 
adding at the end the following: 
‘‘(n) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CONGESTED
AIRPORT.—The term ‘con-
gested airport’ means an airport that accounted for 
at least one percent of all delayed aircraft operations 
in the United States in the most recent year for 
which data is available and an airport listed in table 
1 of the Federal Aviation Administration’s Airport 
Capacity Benchmark Report 2004.