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‘‘(A) 
IN
GENERAL.—In 
addition 
to 
amounts apportioned under paragraph (2), and 
subject to subparagraph (B), the Secretary 
shall apportion to each airport, excluding pri-
mary airports but including reliever and nonpri-
mary commercial service airports, in States the 
lesser of— 
‘‘(i) $150,000; or 
‘‘(ii) 1⁄5 of the most recently published 
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the 
national plan of integrated airport systems 
developed by the Federal Aviation Admin-
istration under section 47103. 
‘‘(B) REDUCTION.—In any fiscal year in 
which the total amount made available for ap-
portionment under paragraph (2) is less than 
$300,000,000, the Secretary shall reduce, on a 
prorated basis, the amount to be apportioned 
under subparagraph (A) and make such reduc-
tion available to be apportioned under para-
graph (2), so as to apportion under paragraph 
(2) a minimum of $300,000,000.’’. 
SEC. 140. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended— 
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(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) in subparagraph (B)— 
(A) by inserting ‘‘except as provided by 
subparagraph (C),’’ before ‘‘in the case’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) in the case of a charge of more than 
$4.50 imposed by the sponsor of an airport en-
planing at least one percent of the total number 
of boardings each year in the United States, 
100 percent of the projected revenues from the 
charge in the fiscal year but not more than 100 
percent of the amount that otherwise would be 
apportioned under this section.’’. 
SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 
Section 47115(g)(1) is amended by striking ‘‘sum 
of—’’ and all that follows through the period at the end 
of 
subparagraph 
(B) 
and 
inserting 
‘‘sum 
of 
$520,000,000.’’. 
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2009,’’ and inserting ‘‘fiscal years 2010 
through 2012,’’. 
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SEC. 143. USE OF APPORTIONED AMOUNTS. 
Section 47117(e)(1)(A) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘35 percent’’ and inserting 
‘‘$300,000,000’’; 
(B) by striking ‘‘and’’ after ‘‘47141,’’; and 
(C) by inserting before the period at the 
end the following: ‘‘, and for water quality miti-
gation projects to comply with the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) as approved in an environmental record of 
decision for an airport development project 
under this title’’; and 
(2) in the second sentence by striking ‘‘such 35 
percent requirement is’’ and inserting ‘‘the require-
ments of the preceding sentence are’’. 
SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
(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, 
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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-
title for any portion of the public sponsor’s ac-
quisition 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. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 
(a) APPROVAL REQUIREMENTS.—Section 47134 is 
amended 
in 
subsections 
(b)(1)(A)(i), 
(b)(1)(A)(ii), 
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(c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each 
place it appears and inserting ‘‘75 percent’’. 
(b) PROHIBITION ON RECEIPT OF FUNDS.— 
(1) SECTION 47134.—Section 47134 is amended 
by adding at the end the following: 
‘‘(n) PROHIBITION
ON
RECEIPT
OF
CERTAIN 
FUNDS.—An airport receiving an exemption under sub-
section (b) shall be prohibited from receiving apportion-
ments under section 47114 or discretionary funds under 
section 47115.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
47134(g) is amended— 
(A) in the subsection heading by striking 
‘‘APPORTIONMENTS;’’; 
(B) in paragraph (1) by striking the semi-
colon at the end and inserting ‘‘; or’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as 
paragraph (2). 
(c) FEDERAL SHARE OF PROJECT COSTS.—Section 
47109(a) is amended— 
(1) by striking the semicolon at the end of 
paragraph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
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(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 146. AIRPORT SECURITY PROGRAM. 
(a) GENERAL
AUTHORITY.—Section 47137(a) is 
amended by inserting ‘‘, in consultation with the Secretary 
of Homeland Security,’’ after ‘‘Transportation’’. 
(b) IMPLEMENTATION.—Section 47137(b) is amend-
ed to read as follows: 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Transportation shall provide 
funding through a grant, contract, or another agree-
ment described in section 106(l)(6) to a nonprofit 
consortium that— 
‘‘(A) is composed of public and private per-
sons, including an airport sponsor; and 
‘‘(B) has at least 10 years of demonstrated 
experience in testing and evaluating anti-ter-
rorist technologies at airports. 
‘‘(2) PROJECT
SELECTION.—The Secretary 
shall select projects under this subsection that— 
‘‘(A) evaluate and test the benefits of inno-
vative aviation security systems or related tech-
nology, including explosives detection systems, 
for the purpose of improving aviation and air-
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craft physical security, access control, and pas-
senger and baggage screening; and 
‘‘(B) provide testing and evaluation of air-
port security systems and technology in an 
operational, testbed environment.’’. 
(c) MATCHING SHARE.—Section 47137(c) is amend-
ed by inserting after ‘‘section 47109’’ the following: ‘‘or 
any other provision of law’’. 
(d) ADMINISTRATION.—Section 47137(e) is amended 
by adding at the end the following: ‘‘The Secretary may 
enter into an agreement in accordance with section 
106(m) to provide for the administration of any project 
under the program.’’. 
(e) ELIGIBLE SPONSOR.—Section 47137 is amended 
by striking subsection (f) and redesignating subsection (g) 
as subsection (f). 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
47137(f) (as so redesignated) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 
SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 
AIRPORT DEVELOPMENT RIGHTS. 
Section 47138 is amended by adding at the end the 
following: 
‘‘(f) SUNSET.—This section shall not be in effect 
after September 30, 2008.’’. 
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SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS 
BY STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘September 
30, 2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN 
WASHINGTON AIRPORTS AUTHORITY. 
Section 49108, and the item relating to such section 
in the analysis for chapter 491, are repealed. 
SEC. 150. 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, 2009,’’ and inserting ‘‘October 1, 
2012,’’. 
SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 
Section 47114(e) is amended— 
(1) in the subsection heading by inserting ‘‘AND 
PUERTO RICO’’ after ‘‘ALASKA’’; and 
(2) by adding at the end the following: 
‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In 
any fiscal year in which the total amount appor-
tioned to airports in Puerto Rico under subsections 
(c) and (d) is less than 1.5 percent of the total 
amount apportioned to all airports under subsections 
(c) and (d), the Secretary shall apportion to the 
Puerto Rico Ports Authority for airport development 
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projects in such fiscal year an amount equal to the 
difference between 1.5 percent of the total amounts 
apportioned under subsections (c) and (d) in such 
fiscal year and the amount otherwise apportioned 
under subsections (c) and (d) to airports in Puerto 
Rico in such fiscal year.’’. 
SEC. 152. 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 
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(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) UPDATE
VETERANS
PREFERENCE
DEFINI-
TION.—Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘sepa-
rated from’’ and inserting ‘‘discharged or re-
leased from active duty in’’; and 
(B) by adding at the end the following: 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty (as defined by 
section 101 of title 38) in the Armed Forces for a 
period of more than 180 consecutive days, any part 
of which occurred during the period beginning on 
September 11, 2001, and ending on the date pre-
scribed by presidential proclamation or by law as the 
last date of Operation Iraqi Freedom, and who was 
separated from the Armed Forces under honorable 
conditions.’’; and 
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(2) in paragraph (2) by striking ‘‘veterans and’’ 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’. 
(c) 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; and 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may approve 
a project for terminal development (including 
multimodal terminal development) in a nonrevenue- 
producing public-use area of a commercial 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 
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‘‘(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-
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(g) OTHER CONFORMING AMENDMENTS.— 
(1) Sections 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)’’. 
(h) 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))’’. 
(i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec-
tion 47175(2) is amended by striking ‘‘Airport Capacity 
Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 
Airport Capacity Benchmark Reports or table 1 of the 
Federal Aviation Administration’s most recent airport ca-
pacity benchmark report’’. 
SEC. 153. AIRPORT MASTER PLANS. 
Section 47101 is amended by adding at the end the 
following: 
‘‘(i) ADDITIONAL GOALS
FOR AIRPORT MASTER 
PLANS.—In addition to the goals set forth in subsection 
(g)(2), the Secretary shall encourage airport sponsors and 
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State and local officials, through Federal Aviation Admin-
istration advisory circulars, to consider customer conven-
ience, airport ground access, and access to airport facili-
ties in airport master plans.’’. 
TITLE 
II—NEXT 
GENERATION 
AIR 
TRANSPORTATION 
SYS-
TEM AND AIR TRAFFIC CON-
TROL MODERNIZATION 
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States faces a great national 
challenge as the Nation’s aviation infrastructure is 
at a crossroads. 
(2) The demand for aviation services, a critical 
element of the United States economy, vital in sup-
porting the quality of life of the people of the United 
States, and critical in support of the Nation’s de-
fense and national security, is growing at an ever in-
creasing rate. At the same time, the ability of the 
United States air transportation system to expand 
and change to meet this increasing demand is lim-
ited. 
(3) The aviation industry accounts for more 
than 11,000,000 jobs in the United States and con-
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tributes approximately $741,000,000,000 annually 
to the United States gross domestic product. 
(4) The United States air transportation sys-
tem continues to drive economic growth in the 
United States and will continue to be a major eco-
nomic driver as air traffic triples over the next 20 
years. 
(5) The Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen 
System’’) is the system for achieving long-term 
transformation of the United States air transpor-
tation system that focuses on developing and imple-
menting new technologies and that will set the stage 
for the long-term development of a scalable and 
more flexible air transportation system without com-
promising the unprecedented safety record of United 
States aviation. 
(6) The benefits of the NextGen System, in 
terms of promoting economic growth and develop-
ment, are enormous. 
(7) The NextGen System will guide the path of 
the United States air transportation system in the 
challenging years ahead. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) modernizing the air transportation system 
is a national priority and the United States must 
make a commitment to revitalizing this essential 
component of the Nation’s transportation infrastruc-
ture; 
(2) one fundamental requirement for the suc-
cess of the NextGen System is strong leadership and 
sufficient resources; 
(3) the Joint Planning and Development Office 
of the Federal Aviation Administration and the Next 
Generation Air Transportation System Senior Policy 
Committee, each established by Congress in 2003, 
will lead and facilitate this important national mis-
sion to ensure that the programs and capabilities of 
the NextGen System are carefully integrated and 
aligned; 
(4) Government agencies and industry must 
work together, carefully integrating and aligning 
their work to meet the needs of the NextGen System 
in the development of budgets, programs, planning, 
and research; 
(5) the Department of Transportation, the Fed-
eral Aviation Administration, the Department of De-
fense, the Department of Homeland Security, the 
Department of Commerce, and the National Aero-
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nautics and Space Administration must work in co-
operation and make transformational improvements 
to the United States air transportation infrastruc-
ture a priority; and 
(6) due to the critical importance of the 
NextGen System to the economic and national secu-
rity of the United States, partner departments and 
agencies must be provided with the resources re-
quired to complete the implementation of the 
NextGen System. 
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) ESTABLISHMENT.— 
(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT 
GENERATION AIR TRANSPORTATION SYSTEM.—Sec-
tion 709(a) of Vision 100—Century of Aviation Re-
authorization 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: 
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‘‘(2) The director of the Office shall be the Associate 
Administrator for the Next Generation Air Transportation 
System, who shall be appointed by the Administrator of 
the Federal Aviation Administration. The Associate Ad-
ministrator shall report to the Administrator.’’. 
(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 im-
plementation activities and measuring actual 
operational experience against those goals, tak-
ing into account noise pollution reduction con-
cerns of affected communities to the greatest 
extent practicable in establishing the environ-
mental goals; 
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‘‘(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 of 
the Federal Aviation Administration, the selec-
tion of products or outcomes of research and 
development activities that would be moved to 
the next stage of a demonstration project; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation enterprise architec-
ture 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: 
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‘‘(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 ensure that— 
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‘‘(i) the responsibilities of the agency relating to 
the Next Generation Air Transportation System are 
clearly communicated to the senior official of the 
agency designated under subparagraph (B); and 
‘‘(ii) the performance of the senior official in 
carrying out the responsibilities of the agency relat-
ing to the Next Generation Air Transportation Sys-
tem is reflected in the official’s annual performance 
evaluations and compensation. 
‘‘(D) The head of a Federal agency referred to in 
subparagraph (B) shall— 
‘‘(i) 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 
‘‘(ii) 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). 
‘‘(E) 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-
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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, to the maximum extent prac-
ticable, 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; 
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‘‘(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 initiative; 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 shall be a voting mem-
ber 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) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
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(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-
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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 
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‘‘(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 of the Federal Aviation Administration shall 
develop and publish annually the document known as the 
‘NextGen Implementation Plan’, or any successor docu-
ment, that provides a detailed description of how the agen-
cy is implementing the Next Generation Air Transpor-
tation System.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
709(e) of such Act (117 Stat. 2584) is amended by strik-
ing ‘‘2010’’ and inserting ‘‘2012’’. 
(e) CONTINGENCY PLANNING.—The Associate Ad-
ministrator for the Next Generation Air Transportation 
System 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. 
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SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 40101 
note; 117 Stat. 2584) is amended by inserting before 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 one year after the date of enactment of this 
subsection, and annually thereafter on the date of 
submission of the President’s budget request to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure 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 
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; 
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‘‘(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. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REPORT ON FAA PROGRAM AND SCHEDULE.— 
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(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall prepare a re-
port detailing the program and schedule for inte-
grating automatic dependent surveillance-broadcast 
(in this section referred to as ‘‘ADS-B’’) technology 
into the national airspace system. 
(2) CONTENTS.—The report shall include— 
(A) a description of segment 1 and seg-
ment 2 activity to acquire ADS-B services; 
(B) a description of plans for implementa-
tion of advanced operational procedures and 
ADS-B air-to-air applications; 
(C) a description of possible options for ex-
panding 
surveillance 
coverage 
beyond 
the 
ground stations currently under contract, in-
cluding enhanced ground signal coverage at air-
ports; and 
(D) a detailed description of the protec-
tions that the Administration will require as 
part of any contract or program in the event of 
a contractor’s default, bankruptcy, acquisition 
by another entity, or any other event jeopard-
izing the uninterrupted provision of ADS-B 
services. 
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(3) SUBMISSION TO CONGRESS.—Not later than 
90 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 Commerce, 
Science, and Transportation of the Senate the report 
prepared under paragraph (1). 
(b) REQUIREMENTS OF FAA CONTRACTS FOR ADS- 
B SERVICES.—Any contract entered into by the Adminis-
trator with an entity to acquire ADS-B services shall con-
tain terms and conditions that— 
(1) require approval by the Administrator be-
fore the contract may be assigned to or assumed by 
another entity, including any successor entity, sub-
sidiary of the contractor, or other corporate entity; 
(2) provide that the assets, equipment, hard-
ware, and software used in the performance of the 
contract be designated as critical national infrastruc-
ture for national security and related purposes; 
(3) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of a termination 
of the contract; 
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(4) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of material non-
performance, as determined by the Administrator; 
and 
(5) permit the Government to acquire or utilize 
for a reasonable period, as determined by the Ad-
ministrator, the assets, equipment, hardware, and 
software necessary to ensure the continued and un-
interrupted 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 
compensation 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 Administra-
tion’s award and oversight of any contract 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— 
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(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; 
(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 whether security 
issues are being adequately 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 
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the Inspector General determines merit atten-
tion. 
(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 
Transportation of the Senate a report on the results 
of the review conducted under this subsection. 
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 
Administration 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 
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40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY AND COMPENSATION.—Exclusive 
collective bargaining representatives and selected 
employees participating in the process described in 
subsection (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 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 
Commerce, 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 
conduct a review of the progress and challenges associated 
with transforming the Nation’s air traffic control system 
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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. 
(2) An assessment of the progress and chal-
lenges associated with collaboration and contribu-
tions of the partner agencies working with the Joint 
Planning and Development Office of the Federal 
Aviation Administration (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, includ-
ing an assessment of the contributions of the 
NextGen Institute. 
(4) An assessment of planning and implementa-
tion of the NextGen System against established 
schedules, milestones, and budgets. 
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(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.— 
(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 priority of topics to be reviewed under this sec-
tion and report such priorities to the Committee on 
Transportation and Infrastructure and the Com-
mittee on Science and Technology of the House of 
Representatives 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. 
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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 develop-
ment of procedures for the Next Generation Air Transpor-
tation System (in this section referred to as the ‘‘NextGen 
System’’). 
(b) SPECIFIC SYSTEMS REVIEW.—The review shall 
include, at a minimum, an examination of the acquisition 
costs, schedule, and other relevant considerations for the 
following systems: 
(1) 
En 
Route 
Automation 
Modernization 
(ERAM). 
(2) Standard Terminal Automation Replace-
ment System/Common Automated Radar Terminal 
System (STARS/CARTS). 
(3) Automatic Dependent Surveillance-Broad-
cast (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 re-
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lated to the development of standards, regulations, and 
procedures that will be necessary to implement the 
NextGen System, including required navigation perform-
ance, area navigation, the airspace management program, 
and other programs and procedures that the Comptroller 
General identifies as relevant to the transformation of the 
air traffic system. 
(d) PERIODIC REPORTS TO CONGRESS ON RESULTS 
OF THE REVIEW.—The Comptroller General shall periodi-
cally submit to the Committee on Transportation and In-
frastructure and the Committee on Science and Tech-
nology 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. 
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(b) ASSESSMENTS.—The Inspector General shall in-
clude, at a minimum, in the review— 
(1) an assessment of the extent to which the 
Federal Aviation Administration is relying or in-
tends to rely on a third party for the development 
of new procedures and a determination of whether 
the Administration has established sufficient mecha-
nisms and staffing to provide safety oversight func-
tions, which may include quality assurance proc-
esses, flight checks, integration of procedures into 
the National Aviation System, and operational as-
sessments of procedures developed by third parties; 
and 
(2) an assessment regarding whether the Ad-
ministration has sufficient existing personnel and 
technical 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 sub-
mit to the Committee on Transportation and Infrastruc-
ture 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 
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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 
Aviation Administration shall enter into an arrangement 
with the National Research Council to review the enter-
prise architecture for the Next Generation Air Transpor-
tation System. 
(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 
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(3) include judgments on how risks with auto-
mation efforts for the Next Generation Air Trans-
portation System can be mitigated based on the ex-
periences of other public or private entities in devel-
oping 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 
Federal Aviation Administration shall use such sums as 
may be necessary for each of the fiscal years 2010 through 
2012 to contribute to the establishment by a public-private 
partnership (including a university component with sig-
nificant aviation expertise in air traffic management, sim-
ulation, meteorology, and engineering and aviation busi-
ness) an airport-based testing site for existing Next Gen-
eration Air Transport System technologies. The Adminis-
trator shall ensure that next generation air traffic control 
integrated systems developed by private industries are in-
stalled at the site for demonstration, operational research, 
and evaluation by the Administration. The testing site 
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shall serve a mix of general aviation and commercial traf-
fic. 
SEC. 211. 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. 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; 
‘‘(C) aeronautical and meteorological infor-
mation to air traffic control facilities or air-
craft; 
‘‘(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 
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(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 
remain available until expended’’. 
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by striking the semicolon at the end of 
paragraph (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)— 
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(A) by inserting ‘‘public and private’’ be-
fore ‘‘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 
consistent with section 106(l)(6). Notwith-
standing any other provision of law or policy, 
the Administrator may accept payments re-
ceived under this subsection in arrears.’’; and 
(2) in paragraph (3) by striking ‘‘credited’’ and 
all that follows through the period at the end and 
inserting ‘‘credited as an offsetting collection to the 
account from which the expenses were incurred in 
providing 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. 
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(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 
system. 
(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 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study and a description of any 
determinations submitted to the Chief Operating Officer 
under subsection (c). 
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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 
(4) system outages, excessive hold times, 
dropped calls, poor quality briefings, and any other 
safety or customer service issues under a contract 
for flight service station services. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
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mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) a description of monitoring system; 
(2) if the Administrator determines that con-
tractual changes or corrective actions are required 
for the Administration to ensure that the vendor 
under a contract for flight service station services 
provides safe and high quality service to consumers, 
a description of the changes or actions required; and 
(3) a description of the contingency plans of the 
Administrator and the protections that the Adminis-
trator will have in place to provide uninterrupted 
flight service station services in the event of— 
(A) material non-performance of the con-
tract; 
(B) a vendor’s default, bankruptcy, or ac-
quisition by another entity; or 
(C) any other event that could jeopardize 
the uninterrupted provision of flight service sta-
tion services. 
SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN-
TER OF EXCELLENCE. 
(a) ESTABLISHMENT.—Of the amount appropriated 
under section 48101(a) of title 49, United States Code, 
the Administrator of the Federal Aviation Administration 
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shall use such sums as may be necessary for each of fiscal 
years 2010 through 2012 to contribute to the establish-
ment of a center of excellence for the research and devel-
opment of Next Generation Air Transportation System 
technologies. 
(b) FUNCTIONS.—The center established under sub-
section (a) shall— 
(1) leverage the centers of excellence program 
of the Federal Aviation Administration, as well as 
other resources and partnerships, to enhance the de-
velopment of Next Generation Air Transportation 
System technologies within academia and industry; 
and 
(2) provide educational, technical, and analyt-
ical assistance to the Federal Aviation Administra-
tion and other Federal agencies with responsibilities 
to research and develop Next Generation Air Trans-
portation System technologies. 
SEC. 219. 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 
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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 document 
known as 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 2010 to 2012 will not provide esti-
mated capacity benefits without additional funds. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there are authorized to be appro-
priated to the Administrator of the Federal Aviation Ad-
ministration $20,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initia-
tives as the Administrator determines appropriate. 
(c) ADDITIONAL AMOUNTS.—Of the amounts appro-
priated under section 48101(a) of such title, the Adminis-
trator may use $5,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initia-
tives as the Administrator determines appropriate. 
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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) JUDICIAL REVIEW.—A person who is sub-
stantially affected by an order of the Board under 
this subsection, or the Administrator if the Adminis-
trator 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 
party to the judicial review proceedings. The find-
ings of fact of the Board in any such case are con-
clusive if supported by substantial evidence.’’. 
(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting 
‘‘section 44703(d), 44709, or’’. 
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 
TYPE CERTIFICATES AND SUPPLEMENTAL 
TYPE CERTIFICATES. 
(a) RELEASE OF DATA.—Section 44704(a) is amend-
ed by adding at the end the following: 
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‘‘(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 of an aircraft, 
engine, propeller, or appliance, engineering data 
in the possession of the Administration relating 
to a type certificate or a supplemental type cer-
tificate for such aircraft, engine, propeller, or 
appliance, 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 
more years; 
‘‘(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 certificate; 
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-
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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.’’. 
(b) DESIGN ORGANIZATION CERTIFICATES.—Section 
44704(e)(1) is amended by striking ‘‘Beginning 7 years 
after the date of enactment of this subsection,’’ and insert-
ing ‘‘Beginning January 1, 2014,’’. 
SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following: 
‘‘§ 44730. Inspection of foreign repair stations 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of enactment of this section, and annually thereafter, 
the Administrator of the Federal Aviation Administration 
shall— 
‘‘(1) submit to Congress a certification that 
each foreign repair station that is certified by the 
Administrator under part 145 of title 14, Code of 
Federal Regulations, and performs work on air car-
rier aircraft or components has been inspected by 
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safety inspectors of the Administration not fewer 
than 2 times in the preceding calendar year; 
‘‘(2) modify the certification requirements 
under such part to include testing for the use of al-
cohol or a controlled substance in accordance with 
section 45102 of any individual performing a safety- 
sensitive function at a foreign aircraft repair station, 
including an individual working at a station of a 
third-party with whom an air carrier contracts to 
perform work on air carrier aircraft or components; 
and 
‘‘(3) continue to hold discussions with countries 
that have foreign repair stations that perform work 
on air carrier aircraft and components to ensure 
harmonization of the safety standards of such coun-
tries with those of the United States, including 
standards governing maintenance requirements, edu-
cation and licensing of maintenance personnel, train-
ing, oversight, and mutual inspection of work sites. 
‘‘(b) REGULATORY AUTHORITY WITH RESPECT TO 
CERTAIN FOREIGN REPAIR STATIONS.—With respect to 
repair stations that are located in countries that are party 
to the agreement entitled ‘‘Agreement between the United 
States of America and the European Community on Co-
operation in the Regulation of Civil Aviation Safety’’, 
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dated June 30, 2008, the requirements of subsection (a) 
are an exercise of the rights of the United States under 
paragraph A of Article 15 of the Agreement, which pro-
vides that nothing in the Agreement shall be construed 
to limit the authority of a party to determine through its 
legislative, regulatory, and administrative measures, the 
level of protection it considers appropriate for civil avia-
tion safety.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘44730. Inspection of foreign repair stations.’’. 
SEC. 304. 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 longer-term actions de-
signed to reduce the severity, number, and 
rate of runway incursions; 
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(iii) timeframes and resources needed 
for the actions described in clause (ii); and 
(iv) a continuous evaluative process to 
track performance toward the goals re-
ferred to in clause (i); and 
(B) shall address the increased runway 
safety risk associated with the expected in-
creased volume of air traffic. 
(b) PLAN FOR INSTALLATION AND DEPLOYMENT OF 
SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY 
INCURSIONS.—Not later than December 31, 2009, the Ad-
ministrator of the Federal Aviation Administration shall 
submit to Congress a report containing a plan for the in-
stallation and deployment of systems the Administration 
is installing to alert controllers or flight crews, or both, 
of potential runway incursions. The plan shall be inte-
grated into the annual NextGen Implementation Plan doc-
ument of the Administration or any successor document. 
SEC. 305. IMPROVED PILOT LICENSES. 
(a) IN GENERAL.—Not later than 6 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. 
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(b) REQUIREMENTS.—Improved pilots 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, or 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, altered, 
or counterfeited. 
(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.—Not later than 9 months after the date 
of enactment of this Act and every 6 months thereafter 
until September 30, 2012, 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 
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report on the issuance of improved pilot licenses under this 
section. 
SEC. 306. FLIGHT CREW FATIGUE. 
(a) IN GENERAL.—Not later than 3 months after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall conclude arrange-
ments with the National Academy of Sciences for a study 
of pilot fatigue. 
(b) STUDY.—The study shall include consideration 
of— 
(1) research on pilot fatigue, sleep, and circa-
dian rhythms; 
(2) sleep and rest requirements of pilots rec-
ommended by the National Aeronautics and Space 
Administration and the National Transportation 
Safety Board; and 
(3) Federal Aviation Administration and inter-
national standards regarding flight limitations and 
rest for pilots. 
(c) REPORT.—Not later than 18 months after initi-
ating the study, the National Academy of Sciences shall 
submit to the Administrator a report containing its find-
ings and recommendations regarding the study under sub-
sections (a) and (b), including recommendations with re-
spect to Federal Aviation Administration regulations gov-
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order to perform any of the activities described in 
paragraphs (1) through (7). 
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the 
section may be construed as interfering with, nullifying, 
or otherwise affecting determinations made by the Federal 
Aviation Administration, or to be made by the Administra-
tion, with respect to applications under part 161 of title 
14, Code of Federal Regulations, that were pending on 
the date of enactment of this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 47531 is amended— 
(A) in the section heading by striking ‘‘for 
violating sections 47528–47530’’; and 
(B) by striking ‘‘47529, or 47530’’ and in-
serting ‘‘47529, 47530, or 47534’’. 
(2) Section 47532 is amended by inserting ‘‘or 
47534’’ after ‘‘47528–47531’’. 
(3) The analysis for chapter 475 is amended— 
(A) by striking the item relating to section 
47531 and inserting the following: 
‘‘47531. Penalties.’’; 
and 
(B) by inserting after the item relating to 
section 47533 the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 
less not complying with stage 3 noise levels.’’. 
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(1) by striking ‘‘September 30, 2009’’ and in-
serting ‘‘September 30, 2012’’; and 
(2) by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2019’’. 
(b) SUCCESSOR
PROGRAM.—Section 44302(f) is 
amended by adding at the end the following: 
‘‘(3) SUCCESSOR PROGRAM.— 
‘‘(A) IN
GENERAL.—After December 31, 
2019, coverage for the risks specified in a policy 
that has been extended under paragraph (1) 
shall be provided in an airline industry spon-
sored risk retention or other risk-sharing ar-
rangement approved by the Secretary. 
‘‘(B) TRANSFER OF PREMIUMS.— 
‘‘(i) IN GENERAL.—On December 31, 
2019, and except as provided in clause (ii), 
premiums that are collected by the Sec-
retary from the airline industry after Sep-
tember 22, 2001, for any policy under this 
subsection, and interest earned thereon, as 
determined by the Secretary, shall be 
transferred to an airline industry spon-
sored risk retention or other risk-sharing 
arrangement approved by the Secretary. 
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