H. R. 658—40 
shall issue and file a categorical exclusion for the new 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 Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a plan for implementation of a nationwide data commu-
nications system. The plan shall include— 
(1) clearly defined budget, schedule, project organization, 
and leadership requirements; 
(2) specific implementation and transition steps; and 
(3) baseline and performance metrics for measuring 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 Administration the work being performed under the 
plan to determine— 
(A) whether utilization of ADS–B, RNP, and other 
technologies as part of NextGen implementation will dis-
play the position of aircraft more accurately and frequently 
to enable a more efficient use of existing airspace and 
result in reduced consumption of aviation fuel and aircraft 
engine emissions; and 
(B) the feasibility of reducing aircraft separation stand-
ards in a safe manner as a result of the implementation 
of such technologies. 
(2) AIRCRAFT
SEPARATION
STANDARDS.—If the Adminis-
trator determines that the standards referred to in paragraph 
(1)(B) can be reduced safely, the Administrator shall include 
in the NextGen Implementation Plan a timetable for 
implementation of such reduced standards. 
(f) THIRD-PARTY USAGE.—The Administration shall establish 
a program under which the Administrator is authorized to use 
qualified third parties in the development, testing, and maintenance 
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, including, 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; 
(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;
H. R. 658—41 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city pairs; 
(10) implementation of NextGen Implementation Plan, or 
any successor document, capabilities designed to reduce emis-
sions and fuel consumption; 
(11) the Administration’s unit cost of providing air traffic 
control services; and 
(12) runway safety, including runway incursions, oper-
ational errors, and loss of standard separation events. 
(b) BASELINES.—The Administrator, in consultation with avia-
tion industry stakeholders, shall identify baselines for each of the 
metrics established under subsection (a) and appropriate methods 
to measure deviations from the baselines. 
(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 Administra-
tion and other appropriate media. 
(d) REPORT.—Not later than 180 days after the date of enact-
ment 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 
Representatives a report 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 developed; and 
(3) a process for holding the Administration accountable 
for meeting or exceeding the metrics baselines identified in 
subsection (b). 
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES. 
(a) PROCESS FOR CERTIFICATION.—Not later than 180 days after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall develop a plan to accelerate and 
streamline the process for certification of NextGen technologies, 
including— 
(1) establishment of updated project plans and timelines; 
(2) identification of the specific activities needed to certify 
NextGen technologies, including the establishment of NextGen 
technical requirements for the manufacture of equipage, 
installation of equipage, airline operational procedures, pilot 
training standards, air traffic control procedures, and air traffic 
controller training; 
(3) identification of staffing requirements for the Air Certifi-
cation Service and the Flight Standards Service, taking into 
consideration the leveraging of assistance from third parties 
and designees; 
(4) establishment of a program under which the Adminis-
tration will use third parties in the certification process; and 
(5) establishment of performance metrics to measure the 
Administration’s progress. 
(b) CERTIFICATION INTEGRITY.—The Administrator shall ensure 
that equipment, systems, or services used in the national airspace 
system meet appropriate certification requirements regardless of 
whether the equipment, system, or service is publically or privately 
owned.
H. R. 658—42 
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 contribution to implementa-
tion of the NextGen initiative; 
(2) evaluate airport surveillance technologies and associ-
ated collaborative surface management software for potential 
contributions to implementation of NextGen surface manage-
ment; 
(3) accelerate implementation of the program referred to 
in paragraph (1); and 
(4) carry out such additional duties as the Administrator 
of the Federal Aviation Administration may require. 
(b) EXPEDITED CERTIFICATION AND UTILIZATION.—The Adminis-
trator shall— 
(1) consider options for expediting the certification of 
Ground-Based Augmentation System technology; and 
(2) develop a plan to utilize such a system at the 35 
operational evolution partnership airports by December 31, 
2012. 
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL 
MODERNIZATION PROJECTS. 
(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwithstanding any 
other law or agreement, the Administrator of the Federal Aviation 
Administration shall establish a process or processes for including 
qualified employees selected by each exclusive collective bargaining 
representative of employees of the Administration impacted by the 
air traffic control modernization process to 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 the greatest extent possible, to all deadlines and 
milestones established pursuant to this title. 
(c) NO CHANGE IN EMPLOYEE STATUS.—Participation in these 
processes by an employee shall not— 
(1) serve as a waiver of any bargaining obligations or 
rights; 
(2) entitle the employee to any additional compensation 
or benefits with the exception of a per diem, if appropriate; 
or 
(3) entitle the employee to prevent or unduly delay the 
exercise of management prerogatives. 
(d) WORKING GROUPS.—Except in extraordinary circumstances, 
the Administrator shall not pay overtime related to work group 
participation. 
(e) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall report to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate on the implementation of this section. 
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
H. R. 658—43 
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 highlighted in strategic 
plans of the Administration, including Flight Plan 2009–2013 
and the NextGen Implementation Plan. 
(3) Funding cuts have led to delays and deferrals of critical 
capacity enhancing airspace redesign efforts. 
(4) New runways planned for the period of fiscal years 
2011 and 2012 will not provide estimated capacity benefits 
without additional funds. 
(b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/PHILADELPHIA 
METROPOLITAN AREA AIRSPACE REDESIGN.— 
(1) MONITORING.—The Administrator of the Federal Avia-
tion Administration, in conjunction with the Port Authority 
of New York and New Jersey and the Philadelphia Inter-
national Airport, shall monitor the noise impacts of the New 
York/New Jersey/Philadelphia Metropolitan Area Airspace 
Redesign. 
(2) REPORT.—Not later than 1 year following the first day 
of completion of the New York/New Jersey/Philadelphia Metro-
politan Area Airspace Redesign, 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 OBSTRUCTIONS. 
(a) STUDY.—The Administrator of the Federal Aviation 
Administration shall carry out a study on the feasibility of devel-
oping a publicly searchable, Internet Web-based resource that pro-
vides information regarding the height and latitudinal and longitu-
dinal locations of guy-wire and free-standing tower obstructions. 
(b) CONSIDERATIONS.—In conducting the study, the Adminis-
trator 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 appro-
priate committees of Congress on the results of the study. 
SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF 
EXCELLENCE. 
(a) IN GENERAL.—The Administrator of the Federal Aviation 
Administration may enter into an agreement, on a competitive 
basis, to assist in 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, including appro-
priate programs of the Administration, to enhance the research 
and development of NextGen technologies by academia and 
industry; and 
(2) provides educational, technical, and analytical assist-
ance to the Administration and other Federal departments 
and agencies with responsibilities to research and develop 
NextGen technologies.