istrator, the assets, equipment, hardware, and soft-
ware necessary to ensure the continued and uninter-
rupted provision of ADS–B services and to have 
ready access to such assets, equipment, hardware, and 
software through its own personnel, agents, or others, 
if the Administrator provides reasonable compensa-
tion for such acquisition or utilization. 
(c) REVIEW BY DOT INSPECTOR GENERAL.— 
(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct a review 
concerning the Federal Aviation Administration’s 
award and oversight of any contract entered into by 
the Administration to provide ADS–B services for the 
national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum— 
(A) an examination of how program risks 
are being managed; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B services, 
including the implementation of advanced oper-
ational procedures and air-to-air applications as 
well as to the extent to which ground radar will 
be retained; 
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(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 Adminis-
tration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS–B serv-
ices; 
(E) an assessment of whether security issues 
are being adequately addressed in the overall de-
sign and implementation of the ADS–B system; 
and 
(F) any other matters or aspects relating to 
contract implementation and oversight that the 
Inspector General determines merit attention. 
(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall periodically, on at least an annual 
basis, submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results of the 
review conducted under this subsection. 
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SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall establish a process for in-
cluding in the planning, development, and deployment of 
air traffic control modernization projects (including the 
Next Generation Air Transportation System) and collabo-
rating with qualified employees selected by each exclusive 
collective bargaining representative of employees of the Ad-
ministration who are likely to be impacted by such plan-
ning, development, and deployment. 
(b) PARTICIPATION.— 
(1) BARGAINING
OBLIGATIONS
AND
RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section 
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY
AND
COMPENSATION.—Exclusive 
collective bargaining representatives and selected em-
ployees participating in the process described in sub-
section (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per diem 
expenses in accordance with the travel policies of 
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the Administration in addition to any regular 
compensation and benefits. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the implementation of this section. 
SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 
TRANSFORMING TO THE NEXT GENERATION 
AIR TRANSPORTATION SYSTEM. 
(a) IN GENERAL.—The Comptroller General shall con-
duct a review of the progress and challenges associated with 
transforming the Nation’s air traffic control system into the 
Next Generation Air Transportation System (in this section 
referred to as the ‘‘NextGen System’’). 
(b) REVIEW.—The review shall include the following: 
(1) An evaluation of the continued implementa-
tion and institutionalization of the processes that are 
key to the ability of the Air Traffic Organization to 
effectively maintain management structures and sys-
tems acquisitions procedures utilized under the cur-
rent air traffic control modernization program as a 
basis for the NextGen System. 
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(2) An assessment of the progress and challenges 
associated with collaboration and contributions of the 
partner agencies working with the Joint Planning 
and Development Office of the Federal Aviation Ad-
ministration (in this section referred to as the 
‘‘JPDO’’) in planning and implementing the NextGen 
System. 
(3) The progress and challenges associated with 
coordinating government and industry stakeholders in 
activities relating to the NextGen System, including 
an assessment of the contributions of the NextGen In-
stitute. 
(4) An assessment of planning and implementa-
tion of the NextGen System against established sched-
ules, milestones, and budgets. 
(5) An evaluation of the recently modified orga-
nizational structure of the JPDO. 
(6) An examination of transition planning by 
the Air Traffic Organization and the JPDO. 
(7) Any other matters or aspects of planning and 
coordination of the NextGen System by the Federal 
Aviation Administration and the JPDO that the 
Comptroller General determines appropriate. 
(c) REPORTS.— 
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(1) REPORT TO CONGRESS ON PRIORITIES.—Not 
later than one year after the date of enactment of this 
Act, the Comptroller General shall determine the pri-
ority of topics to be reviewed under this section and 
report such priorities to the Committee on Transpor-
tation and Infrastructure and the Committee on 
Science and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) PERIODIC REPORTS TO CONGRESS ON RE-
SULTS OF THE REVIEW.—The Comptroller General 
shall periodically submit to the committees referred to 
in paragraph (1) a report on the results of the review 
conducted under this section. 
SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM ACQUISITION AND PRO-
CEDURES DEVELOPMENT. 
(a) STUDY.—The Comptroller General shall conduct a 
review of the progress made and challenges related to the 
acquisition of designated technologies and the development 
of procedures for the Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen Sys-
tem’’). 
(b) SPECIFIC SYSTEMS REVIEW.—The review shall in-
clude, at a minimum, an examination of the acquisition 
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costs, schedule, and other relevant considerations for the fol-
lowing systems: 
(1) 
En 
Route 
Automation 
Modernization 
(ERAM). 
(2) Standard Terminal Automation Replacement 
System/Common Automated Radar Terminal System 
(STARS/CARTS). 
(3) Automatic Dependent Surveillance-Broadcast 
(ADS–B). 
(4) System Wide Information Management 
(SWIM). 
(5) Traffic Flow Management Modernization 
(TFM–M). 
(c) REVIEW.—The review shall include, at a min-
imum, an assessment of the progress and challenges related 
to the development of standards, regulations, and proce-
dures that will be necessary to implement the NextGen Sys-
tem, including required navigation performance, area navi-
gation, the airspace management program, and other pro-
grams and procedures that the Comptroller General identi-
fies as relevant to the transformation of the air traffic sys-
tem. 
(d) PERIODIC REPORTS TO CONGRESS ON RESULTS OF 
THE REVIEW.—The Comptroller General shall periodically 
submit to the Committee on Transportation and Infrastruc-
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ture and the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the review conducted under this section. 
SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL AND APPROACH PROCEDURES BY A 
THIRD PARTY. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
the effectiveness of the oversight activities conducted by the 
Federal Aviation Administration in connection with any 
agreement with or delegation of authority to a third party 
for the development of flight procedures, including public 
use procedures, for the national airspace system. 
(b) ASSESSMENTS.—The Inspector General shall in-
clude, at a minimum, in the review— 
(1) an assessment of the extent to which the Fed-
eral Aviation Administration is relying or intends to 
rely on a third party for the development of new pro-
cedures and a determination of whether the Adminis-
tration has established sufficient mechanisms and 
staffing to provide safety oversight functions, which 
may include quality assurance processes, flight checks, 
integration of procedures into the National Aviation 
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System, and operational assessments of procedures de-
veloped by third parties; and 
(2) an assessment regarding whether the Admin-
istration has sufficient existing personnel and tech-
nical resources or mechanisms to develop such flight 
procedures in a safe and efficient manner to meet the 
demands of the national airspace system without the 
use of third party resources. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Inspector General shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the review conducted under this section, 
including the assessments described in subsection (b). 
SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR 
NEXT 
GENERATION 
AIR 
TRANSPOR-
TATION SYSTEM. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall enter into an arrangement with 
the National Research Council to review the enterprise ar-
chitecture for the Next Generation Air Transportation Sys-
tem. 
(b) CONTENTS.—At a minimum, the review to be con-
ducted under subsection (a) shall— 
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(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 De-
velopment 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 automated 
air traffic management system and the implications 
for ongoing modernization projects; and 
(3) include judgments on how risks with automa-
tion efforts for the Next Generation Air Transpor-
tation System can be mitigated based on the experi-
ences of other public or private entities in developing 
complex, software-intensive systems. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the results of the review 
conducted pursuant to subsection (a). 
SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 
Of amounts appropriated under section 48101(a) of 
title 49, United States Code, the Administrator of the Fed-
eral Aviation Administration shall use such sums as may 
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be necessary for each of the fiscal years 2009 through 2012 
to contribute to the establishment by a public-private part-
nership (including a university component with significant 
aviation expertise in air traffic management, simulation, 
meteorology, and engineering and aviation business) an 
airport-based testing site for existing Next Generation Air 
Transport System technologies. The Administrator shall en-
sure that next generation air traffic control integrated sys-
tems developed by private industries are installed at the site 
for demonstration, operational research, and evaluation by 
the Administration. The testing site shall serve a mix of 
general aviation and commercial traffic. 
SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended in the last sentence by in-
serting ‘‘with or’’ before ‘‘without reimbursement’’. 
SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(4) is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids; 
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‘‘(C) aeronautical and meteorological infor-
mation to air traffic control facilities 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 in-
serting ‘‘any structure, equipment,’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’. 
SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation’’ and inserting ‘‘compensation, and the amount 
received shall be credited as an offsetting collection to the 
account from which the amount was expended and shall re-
main available until expended’’. 
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
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(1) by striking the semicolon at the end of para-
graph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘public and private’’ before 
‘‘foreign aviation authorities’’; and 
(B) by striking the period at the end of the 
first sentence and inserting ‘‘or efficiency. The 
Administrator may participate in, and submit 
offers in response to, competitions to provide 
such services and may contract with foreign 
aviation authorities to provide such services con-
sistent with section 106(l)(6). Notwithstanding 
any other provision of law or policy, the Admin-
istrator may accept payments received under 
this subsection in arrears.’’; and 
(2) in paragraph (3) by striking ‘‘credited’’ and 
all that follows through the period at the end and in-
serting ‘‘credited as an offsetting collection to the ac-
count from which the expenses were incurred in pro-
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viding such services and shall remain available until 
expended.’’. 
SEC. 216. FRONT LINE MANAGER STAFFING. 
(a) STUDY.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall initiate a study on front line 
manager staffing requirements in air traffic control facili-
ties. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall take into consideration— 
(1) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(2) coverage requirements in relation to traffic 
demand; 
(3) facility type; 
(4) complexity of traffic and managerial respon-
sibilities; 
(5) proficiency and training requirements; and 
(6) such other factors as the Administrator con-
siders appropriate. 
(c) 
DETERMINATIONS.—The 
Administrator 
shall 
transmit any determinations made as a result of the study 
to the Chief Operating Officer for the air traffic control sys-
tem. 
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(d) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study and a description of any deter-
minations submitted to the Chief Operating Officer under 
subsection (c). 
SEC. 217. FLIGHT SERVICE STATIONS. 
(a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 
later than 60 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall develop and implement a monitoring system for flight 
service specialist staffing and training under service con-
tracts for flight service stations. 
(b) COMPONENTS.—At a minimum, the monitoring 
system shall include mechanisms to monitor— 
(1) flight specialist staffing plans for individual 
facilities; 
(2) actual staffing levels for individual facilities; 
(3) the initial and recurrent certification and 
training of flight service specialists on the safety, 
operational, and technological aspects of flight serv-
ices, including any certification and training nec-
essary to meet user demand; and 
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104 
(B) A study of incident reports regarding 
flight attendant fatigue. 
(C) Field research on the effects of such fa-
tigue. 
(D) A validation of models for assessing 
flight attendant fatigue. 
(E) A review of international policies and 
practices regarding flight limitations and rest of 
flight attendants. 
(F) An analysis of potential benefits of 
training flight attendants regarding fatigue. 
(3) REPORT.—Not later than June 30, 2010, the 
Administrator shall submit to Congress a report on 
the results of the study. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS FOR FLIGHT ATTENDANTS ON BOARD 
AIRCRAFT. 
(a) IN GENERAL.—Chapter 447 (as amended by sec-
tion 303 of this Act) is further amended by adding at the 
end the following: 
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