the Federal Government for serving on the 
Board, except for compensation benefits for in-
juries under subchapter I of chapter 81 of title 
5, United States Code (Federal Employees’ 
Compensation Act) and except as provided 
under subparagraph (J). 
‘‘(J) EXPENSES.—Each member of the 
Board shall be paid actual travel expenses and 
per diem in lieu of subsistence expenses when 
away from his or her usual place of residence, 
in accordance with section 5703 of title 5. 
‘‘(K) DETAIL OF PERSONNEL FROM THE 
ADMINISTRATION.—The 
Administrator 
shall 
make available to the Board such staff, infor-
mation, and administrative services and assist-
ance as may reasonably be required to enable 
the Board to carry out its responsibilities under 
this subsection. 
‘‘(L) QUORUM
AND
VOTING.—A simple 
majority of members of the Board shall con-
stitute a quorum. A majority vote of members 
present and voting shall be required for the 
Committee to take action. 
‘‘(7) ROLE OF THE ADMINISTRATOR AND THE 
SECRETARY.—All actions and functions of the Board 
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are subject to the approval or disapproval of the Ad-
ministrator and the Secretary. 
‘‘(8) AIR
TRAFFIC
CONTROL
SYSTEM
DE-
FINED.—In this section, the term ‘air traffic control 
system’ has the meaning such term has under sec-
tion 40102(a).’’. 
SEC. 402. FACILITATION OF NEXT GENERATION AIR TRAF-
FIC SERVICES. 
Section 106(l) is amended by adding at the end the 
following: 
‘‘(7) SERVICES BY PRIVATE SECTOR.—In deter-
mining what actions to take, by rule or through an 
agreement or transaction under paragraph (6) or 
under section 44502, to permit non-government pro-
viders of communications, navigation, surveillance or 
other services to provide such services in the Na-
tional Airspace System, or to require the usage of 
such services, the Administrator shall consider 
whether such actions would: 
(A) promote the safety of life and prop-
erty; 
(B) improve the efficiency of the National 
Airspace System and reduce the regulatory bur-
den upon National Airspace System users, 
based upon sound engineering principles, user 
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operational requirements, and marketplace de-
mands; 
(C) encourage competition and provide 
services to the largest feasible number of users; 
and 
(D) take into account the unique role 
served by general aviation.’’. 
SEC. 403. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEEMENTS. 
Section 106(m) is amended in the last sentence by 
inserting ‘‘with or’’ before ‘‘without’’. 
SEC. 404. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(4) is amended— 
(1) by revising paragraph (B) to read ‘‘runway 
lighting and airport surface visual and other naviga-
tion aids;’’; 
(2) in paragraph(C), by striking ‘‘weather infor-
mation, signaling, radio-directional finding, or radio 
or other electromagnetic communication; and’’ and 
inserting ‘‘aeronautical and meteorological informa-
tion to air traffic control facilities or aircraft, sup-
plying communication, navigation or surveillance 
equipment for air-to-ground or air-to-air applica-
tions;’’; 
(3) in paragraph (D)— 
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(A) by striking ‘‘another structure’’ and 
inserting ‘‘any structure or equipment’’; and 
(B) by striking ‘‘aircraft.’’ and inserting 
‘‘aircraft; and’’; and 
(4) by adding at the end the following: 
‘‘(E) buildings, equipment and systems 
dedicated to the National Airspace System.’’. 
SEC. 405. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation; and’’ and inserting ‘‘compensation, and the 
amount received may be credited to the appropriation cur-
rent when the amount is received; and’’. 
SEC. 406. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended by— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraph (5) as para-
graph (4). 
SEC. 407. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1), by— 
(A) inserting ‘‘(public or private)’’ after 
the word ‘‘authorities’’; and 
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(B) striking the period at the end of the 
first sentence and inserting: ‘‘or efficiency. The 
Administrator is authorized to participate in, 
and submit offers in response to, competitions 
to provide these services, and to contract with 
foreign aviation authorities to provide these 
services consistent with the provisions under 
section 106(l)(6) of this title. The Adminis-
trator is also authorized, notwithstanding any 
other provision of law or policy, to accept pay-
ments in arrears.’’; and 
(2) in paragraph (3) by striking from ‘‘appro-
priation’’ through the end of the sentence and in-
serting ‘‘appropriation current when the expendi-
tures are or were paid, or the appropriation current 
when the amount is received’’. 
SEC. 408. PRESIDENTIAL RANK AWARD PROGRAM. 
Section 40122(g)(2) is amended— 
(1) in paragraph (H) by striking ‘‘Board.’’ and 
inserting ‘‘Board;’’; and 
(2) by inserting at the end the following new 
subparagraph: 
‘‘(G) section 4507(b), (c), and (d), relating 
to Meritorious Executive or Distinguished Exec-
utive rank awards, and section 4507a(b) and 
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(c), relating to Meritorious Senior Professional 
or Distinguished Senior Professional rank- 
awards: Provided, That for purposes of applying 
such provisions to the personnel management 
system, ‘‘agency’’ means the Department of 
Transportation, ‘‘senior executive’’ means an 
Federal Aviation Administration executive, ‘‘ca-
reer appointee’’ means an Federal Aviation Ad-
ministration career executive, and ‘‘senior ca-
reer employee’’ means an Federal Aviation Ad-
ministration career senior professional: Pro-
vided further, That receipt by a career ap-
pointee of the rank of Meritorious Executive or 
Meritorious Senior Professional entitles such in-
dividual to a lump-sum payment of an amount 
equal to 20 percent of annual basic pay, which 
shall be in addition to the basic pay paid under 
the Federal Aviation Administration Executive 
Compensation Plan: Provided further, That re-
ceipt by a career appointee of the rank of Dis-
tinguished Executive or Distinguished Senior 
Professional entitles the individual to a lump- 
sum payment of an amount equal to 35 percent 
of annual basic pay, which shall be in addition 
to the basic pay paid under the Federal Avia-
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tion Administration Executive Compensation 
plan.’’. 
SEC. 409. REALIGNMENT AND CONSOLIDATION OF AVIA-
TION FACILITIES AND SERVICES. 
(a) Chapter 445 is amended by adding at the end 
the following new section: 
‘‘§ 44518. Realignment and consolidation of aviation 
facilities and services 
‘‘(a) PURPOSE.—The purpose of this section is to 
provide a fair process that will result in the realignment 
or consolidation of services and facilities of the Federal 
Aviation Administration to help reduce capital, operating, 
maintenance, and administrative costs with no adverse ef-
fect on safety. 
‘‘(b) DEFINITIONS.—(1) The term ‘congressional 
committees of interest’ means the Committee on Com-
merce, Science and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committees on Appro-
priations of the Senate and House of Representatives. 
‘‘(2) The term ‘Commission’ means the Commission 
established by subsection (c) of this section. 
‘‘(3) The term ‘realignment’ includes any action 
which relocates functions and personnel positions but does 
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not include a reduction in personnel resulting from work-
load adjustments. 
‘‘(c) ESTABLISHMENT
OF COMMISSION.—(1) The 
Secretary may establish an independent commission to be 
known as the ‘Realignment and Consolidation of Aviation 
Facilities and Services Commission’. 
‘‘(2) The Commission shall carry out the duties speci-
fied for it in this part. 
‘‘(3) The Commission shall be composed of five mem-
bers appointed by the Secretary. Such members shall not 
be considered employees of the Federal Government. 
‘‘(4) Members of the Commission shall be appointed 
for a term of 3 years. 
‘‘(5) The Commission shall elect a chair from among 
its members. 
‘‘(6) A vacancy in the Commission shall be filled in 
the same manner as the original appointment but the indi-
vidual appointed to fill the vacancy shall serve only for 
the unexpired portion of the term for which the individ-
ual’s predecessor was appointed. 
‘‘(7) No member shall receive any compensation or 
other benefits from the Federal Government for serving 
on the Commission, except for compensation benefits for 
injuries under subchapter I of chapter 81 of title 5, United 
States Code (Federal Employees’ Compensation Act, and 
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except that each member of the Commission shall be paid 
actual travel expenses and per diem in lieu of subsistence 
expenses when away from his or her usual place of resi-
dence in accordance with section 5703 of title 5, United 
States Code. 
‘‘(8) The Administrator of the Federal Aviation Ad-
ministration shall make available to the Commission such 
staff, information, and administrative services and assist-
ance as may reasonably be required to enable the Commis-
sion to carry out its responsibilities under this paragraph. 
The Commission may employ experts or consultants on a 
temporary or intermittent basis with the approval of the 
Secretary. 
‘‘(9) The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Commission. 
‘‘(d) FAA RECOMMENDATIONS FOR FACILITIES RE-
ALIGNMENT AND CONSOLIDATION.—Within six months 
after the establishment of the Commission by the Sec-
retary, the Administrator, after providing an opportunity 
for public comment, shall publish the final criteria to be 
used in making the Administrator’s recommendations for 
the realignment and consolidation of services and facilities 
under this section. On the basis of such final criteria, the 
Administrator shall publish in the Federal Register and 
transmit to the Commission a list of the services and fa-
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cilities that the Administrator recommends for realign-
ment and consolidation including a justification for each 
recommendation. 
‘‘(e) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—(1) After receiving the recommendations from 
the Administrator pursuant to subsection (d), the Com-
mission shall opportunity for public comment on such rec-
ommendations. 
‘‘(2) Based on its review and analysis of the Adminis-
trator’s recommendations and any public comment it may 
receive, the Commission shall make its independent rec-
ommendations to the President for realignment and con-
solidation of aviation services or facilities. 
‘‘(3) The Commission shall explain and justify in its 
report submitted to the President any recommendation 
made by the Commission that is different from the rec-
ommendations made by the Administrator pursuant to 
subsection (d). The Commission shall transmit a copy of 
such report to the congressional committees of interest on 
the same date on which it transmits its recommendations 
to the President under paragraph (2). 
‘‘(f) REVIEW BY THE PRESIDENT.—(1) The Presi-
dent shall transmit to the Commission and to the Con-
gress a report containing the President’s approval or dis-
approval of the Commission’s recommendations. 
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‘‘(2) If the President approves all the recommenda-
tions of the Commission, the President shall transmit a 
copy of such recommendations to the Congress, together 
with a certification of such approval. 
‘‘(3) If the President disapproves the recommenda-
tions of the Commission, in whole or in part, the President 
shall transmit to the Commission and the Congress the 
reasons for that disapproval. The Commission shall con-
sider the President’s report and may then transmit to the 
President a revised list of recommendations for the re-
alignment and consolidation of services and facilities. 
‘‘(4) If the President approves all of the revised rec-
ommendations of the Commission transmitted to the 
President under paragraph (3), the President shall trans-
mit a copy of such revised recommendations to the Con-
gress, together with a certification of such approval. 
‘‘(5) If the President does not transmit to the Con-
gress an approval and certification, the process by which 
agency services and facilities may be selected for realign-
ment or consolidation under this section shall be termi-
nated. 
‘‘(g) REALIGNMENT AND CONSOLIDATION OF SERV-
ICES FACILITIES.—Subject to paragraph (h), the Admin-
istrator shall— 
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‘‘(1) realign or consolidate all FAA services and 
facilities recommended for realignment or consolida-
tion by the Commission in the report transmitted to 
the Congress by the President pursuant to sub-
section (f)(2) or (4); 
‘‘(2) initiate all such realignments and consoli-
dations no later than two years after the date on 
which the President transmits a report to the Con-
gress containing the recommendations for such re-
alignments or consolidations; and 
‘‘(3) complete all such realignments and con-
solidations no later than the end of the six-year pe-
riod beginning on the date on which the President 
transmits the report containing the recommenda-
tions for such realignments or consolidations. 
‘‘(h) CONGRESSIONAL DISAPPROVAL.—(1) The Ad-
ministrator may not carry out any closure or realignment 
recommended by the Commission in a report transmitted 
from the President pursuant to subsection (f)(2) or (4) 
if a joint resolution is enacted, disapproving such rec-
ommendations of the Commission before the earlier of— 
‘‘(A) the end of the 60 day period beginning on 
the date on which the President transmits such re-
port; or 
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‘‘(B) the adjournment of Congress sine die for 
the session during which such report is transmitted. 
‘‘(2) For purposes of paragraph (1)(A), the days on 
which either House of Congress is not in session because 
of an adjournment of more than three days to a day cer-
tain shall be excluded in the computation of the 60 day 
period. 
‘‘(i) AUTHORIZATION.—(1) There is authorized to be 
appropriated to the Administrator such sums as may be 
necessary for the Commission to carry out its duties and 
for the Administrator to implement the realignment and 
consolidation of services and facilities as described in sub-
section (g). 
‘‘(2) Such sums shall remain available until ex-
pended. 
‘‘(j) EFFECT ON OTHER AUTHORITIES.—Nothing in 
this section shall affect the authorities provided in section 
44503 or the existing authorities or responsibilities of the 
Administrator under this title to manage the operations 
of the Federal Aviation Administration, including realign-
ing or consolidating facilities or services.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 455 is amended by adding at the end the fol-
lowing: 
‘‘44518. Realignment and consolidation of aviation facilities and services.’’. 
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SEC. 410. OPERATIONAL AND APPROACH PROCEDURES BY 
THIRD PARTIES THROUGH DELEGATION. 
Section 44701 is amended by adding at the end the 
following: 
‘‘(g) DELEGATION.—Subject to any regulations, su-
pervision, and review that the Administrator may pre-
scribe, the Administrator may delegate to a qualified pri-
vate person, or to an employee under the supervision of 
that person, the development, testing and maintenance of 
flight procedures.’’. 
SEC. 411. 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) JUDICIAL
REVIEW.—A person substan-
tially affected by an order of the Board under sub-
section (d) of this section, or the Administrator 
when the Administrator decides that an order of the 
Board will have a significant adverse impact on car-
rying out this part, may obtain judicial review of the 
order under section 46110 of this title. The Admin-
istrator shall be made a party to the judicial review 
proceedings. The findings of fact of the Board in 
any such case are conclusive if supported by sub-
stantial evidence.’’ 
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(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting 
‘‘section 44703(d), 44709 or’’. 
SEC. 412. 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) Notwithstanding 
any other provision of law, the Administrator may 
designate, without the consent of the owner of 
record, engineering data in the agency’s possession 
related to a type certificate or a supplemental type 
certificate for an aircraft, engine, propeller or appli-
ance, along with any associated supplier approved 
data for that product as public data, and therefore 
releasable, upon request, to a person seeking to 
maintain the airworthiness of such product, if the 
Administrator determines that: 
(i) the certificate containing the requested 
data has been inactive for three years; 
(ii) the owner of record, or the owner of 
record’s heir, of the type certificate or supple-
mental certificate has not been located despite 
a search of due diligence by the agency; and 
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100 
(iii) the designation of such data as public 
data will enhance aviation safety. 
(B) For purposes of this section, ‘‘engineering 
data’’ means type design drawings and specifications 
for the entire product, including the original design 
data, any approved data for any supplemental type 
certificates, and any approved data for individual 
parts or components for the particular aeronautical 
product.’’. 
SEC. 413. DESIGN ORGANIZATION CERTIFICATES. 
Section 44704(e) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Beginning 7 years after 
the date of enactment of this subsection,’’ and 
inserting ‘‘Effective January 1, 2013,’’; and 
(B) by striking ‘‘44701(a) for the type cer-
tification of aircraft, aircraft engines, propel-
lers, or appliances.’’ and inserting ‘‘44701.’’; 
(2) in paragraph (2), by striking ‘‘testing’’ and 
inserting ‘‘production’’; and 
(3) by revising paragraph (3) to read as follows: 
‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE-
SIGN ORGANIZATION CERTIFICATION.—The Adminis-
trator may rely on the Design Organization for cer-
tification of compliance under this section.’’. 
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101 
SEC. 414. CONTRACT TOWER PROGRAM. 
Section 47124(b) is amended— 
(1) in paragraph (1), by striking ‘‘(Visual 
Flight Rules) level I’’ and inserting ‘‘nonapproach 
control’’; and 
(2) in paragraph (2), by striking ‘‘an airport 
traffic control tower classified as a level I (Visual 
Flight Rules)’’ and inserting ‘‘a low activity non-
approach control air traffic control’’. 
SEC. 415. ENHANCED OVERSIGHT OF NEXT GENERATION 
AIR TRANSPORTATION SYSTEM JOINT PLAN-
NING AND DEVELOPMENT OFFICE. 
Section 709 of Vision 100—Century of Aviation Re-
authorization Act (Public Law 108–176, Dec. 12, 2003, 
117 Stat. 2490, 2582) (49 U.S.C. 40101 note) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by adding at the 
end, ‘‘The Director of the Office shall be super-
vised for various purposes by such officer or of-
ficers of the Department as the Secretary may 
specify. 
(B) adding at the end the following: 
‘‘(5) The Director of the Office shall be a vot-
ing member of the Federal Aviation Administration’s 
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102 
Joint Resources Council and the Air Traffic Organi-
zation’s Executive Council.’’; 
(2) by redesignating subsections (d) and (e) as 
(e) and (f) and inserting the following: 
‘‘(d) CONSOLIDATED
OPERATIONAL
EVOLUTION 
PARTNERSHIP.—The Administrator of the Federal Avia-
tion Administration shall develop and publish annually a 
consolidated operational evolution partnership that pro-
vides a detailed description of how the agency is imple-
menting the Next Generation Air Transportation Sys-
tem.’’; and 
(3) in subsection (e)(2), as redesignated, by 
striking ‘‘plan.’’ and inserting ‘‘plan, and how the 
respective budgets, and assignment of expert per-
sonnel, of the Federal Aviation Administration, the 
National Aeronautics and Space Administration, the 
Departments of Defense, the Department of Home-
land Security, the Department of Commerce and any 
other Federal agency that has an important interest 
in, or responsibility for, the Next Generation Air 
Transportation System support specific operational 
improvements for such System.’’. 
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