and air-to-air applications, as well as the extent 
to which ground radar will be retained; 
(C) an assessment of the Administration’s 
analysis of specific operational benefits, and ben-
efit/costs analyses of planned operational benefits 
conducted by the Administration, for ADS–B In 
and ADS–B Out avionics equipage for airspace 
users; 
(C) a determination of whether the Admin-
istration has established sufficient mechanisms to 
ensure that all design, acquisition, operation, 
and maintenance requirements have been met by 
the contractor; 
(D) an assessment of whether the Adminis-
tration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS–B serv-
ices; 
(E) an assessment of how security issues are 
being addressed in the overall design and imple-
mentation of the ADS–B system; and 
(F) any other matters or aspects relating to 
contract implementation and oversight that the 
Inspector General determines merit attention. 
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(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall submit, periodically (and on at least an 
annual basis), to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results of the 
review conducted under this subsection. 
(b) RULEMAKINGS.— 
(1) ADS–B IN.—Not later than one year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking proceeding to issue guidelines and regu-
lations relating to ADS–B In technology that— 
(A) identify the ADS–B In technology that 
will be required under NextGen; 
(B) subject to paragraph (2), require all 
aircraft operating in capacity constrained air-
space, at capacity constrained airports, or in 
any other airspace deemed appropriate by the 
Administrator to be equipped with ADS–B In 
technology by 2020; and 
(C) identify— 
(i) the type of avionics required of air-
craft for all classes of airspace; 
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(ii) the expected costs associated with 
the avionics; and 
(iii) the expected uses and benefits of 
the avionics. 
(2) READINESS VERIFICATION.—Before the date 
on which all aircraft are required to be equipped with 
ADS–B In technology pursuant to rulemakings con-
ducted under paragraph (1), the Chief NextGen Offi-
cer shall verify that— 
(A) the necessary ground infrastructure is 
installed and functioning properly; 
(B) certification standards have been ap-
proved; and 
(C) 
appropriate 
operational 
platforms 
interface safely and efficiently. 
(c) USE OF ADS–B TECHNOLOGY.— 
(1) PLANS.—Not later than 18 months after the 
date of enactment of this Act, the Administrator shall 
develop, in consultation with appropriate employee 
and industry groups, a plan for the use of ADS–B 
technology for surveillance and active air traffic con-
trol. 
(2) CONTENTS.—The plan shall— 
(A) include provisions to test the use of 
ADS–B technology for surveillance and active 
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air traffic control in specific regions of the 
United States with the most congested airspace; 
(B) identify the equipment required at air 
traffic control facilities and the training re-
quired for air traffic controllers; 
(C) identify procedures, to be developed in 
consultation with appropriate employee and in-
dustry groups, to conduct air traffic manage-
ment in mixed equipage environments; and 
(D) establish a policy in test regions re-
ferred to in subparagraph (A), in consultation 
with appropriate employee and industry groups, 
to provide incentives for equipage with ADS–B 
technology, including giving priority to aircraft 
equipped with such technology before the 2020 
equipage deadline. 
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR NEXTGEN. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall enter into an arrangement with 
the National Research Council to review the enterprise ar-
chitecture for the NextGen. 
(b) CONTENTS.—At a minimum, the review to be con-
ducted under subsection (a) shall— 
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(1) highlight the technical activities, including 
human-system design, organizational design, and 
other safety and human factor aspects of the system, 
that will be necessary to successfully transition cur-
rent and planned modernization programs to the fu-
ture system envisioned by the Joint Planning and De-
velopment Office of the Administration; 
(2) assess technical, cost, and schedule risk for 
the software development that will be necessary to 
achieve the expected benefits from a highly automated 
air traffic management system and the implications 
for ongoing modernization projects; and 
(3) determine how risks with automation efforts 
for the NextGen can be mitigated based on the experi-
ences of other public or private entities in developing 
complex, software-intensive systems. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing the results of the review conducted pursuant to 
subsection (a). 
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES. 
(a) AIRPORT PROCEDURES.— 
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(1) IN GENERAL.—Not later than 6 months after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall publish 
a report, after consultation with representatives of ap-
propriate Administration employee groups, airport 
operators, air carriers, general aviation representa-
tives, flight path service providers, and aircraft man-
ufacturers that includes the following: 
(A) RNP/RNAV 
OPERATIONS.—The re-
quired navigation performance and area naviga-
tion operations, including the procedures to be 
developed, certified, and published and the air 
traffic control operational changes, to maximize 
the efficiency and capacity of NextGen commer-
cial operations at the 35 operational evolution 
partnership airports identified by the Adminis-
tration. 
(B) COORDINATION
AND
IMPLEMENTATION 
ACTIVITIES.—A description of the activities and 
operational changes and approvals required to 
coordinate and utilize those procedures at those 
airports. 
(C) IMPLEMENTATION
PLAN.—A plan for 
implementing those procedures that establishes— 
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(i) clearly defined budget, schedule, 
project organization, and leadership re-
quirements; 
(ii) specific implementation and tran-
sition steps; and 
(iii) baseline and performance metrics 
for— 
(I) measuring the Administra-
tion’s progress in implementing the 
plan, including the percentage utiliza-
tion of required navigation perform-
ance in the national airspace system; 
and 
(II) achieving measurable fuel 
burn and carbon dioxide emissions re-
ductions compared to current perform-
ance; and 
(iv) expedited environmental review 
procedures for timely environmental ap-
proval of area navigation and required 
navigation performance that offer signifi-
cant efficiency improvements as determined 
by baseline and performance metrics under 
clause (iii). 
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(D) ADDITIONAL PROCEDURES.—A process 
for the identification, certification, and publica-
tion of additional required navigation perform-
ance and area navigation procedures that may 
be required at such airports in the future. 
(2) IMPLEMENTATION SCHEDULE.—The Admin-
istrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
not later than 18 months after the date of enact-
ment of this Act; 
(B) 60 percent of the procedures not later 
than 36 months after the date of enactment of 
this Act; and 
(C) 100 percent of the procedures before 
June 30, 2015. 
(b) ESTABLISHMENT OF PRIORITIES.—The Adminis-
trator shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
to establish priorities for the development, certification, 
publication, and implementation of the navigation perform-
ance and area navigation procedures based on their poten-
tial safety and efficiency benefits to other airports in the 
national airspace system, including small and medium hub 
airports. 
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(c) COORDINATED AND EXPEDITED REVIEW.—Naviga-
tion performance and area navigation procedures devel-
oped, certified, published, and implemented under this sec-
tion shall be presumed to be covered by a categorical exclu-
sion (as defined in section 1508.4 of title 40, Code of Fed-
eral Regulations) under chapter 3 of FAA Order 1050.1E 
unless the Administrator determines that extraordinary cir-
cumstances exist with respect to the procedure. 
(d) DEPLOYMENT PLAN FOR NATIONWIDE DATA COM-
MUNICATIONS SYSTEM.—Not later than one year after the 
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a plan 
for implementation of a nationwide data communications 
system. The plan shall include— 
(1) clearly defined budget, schedule, project orga-
nization, and leadership requirements; 
(2) specific implementation and transition steps; 
and 
(3) baseline and performance metrics for meas-
uring the Administration’s progress in implementing 
the plan. 
(e) IMPROVED PERFORMANCE STANDARDS.— 
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(1) ASSESSMENT OF WORK BEING PERFORMED 
UNDER NEXTGEN IMPLEMENTATION PLAN.—The Ad-
ministrator shall clearly outline in the NextGen Im-
plementation Plan document of the Administration 
the work being performed under the plan to deter-
mine— 
(A) whether utilization of ADS–B, RNP, 
and other technologies as part of NextGen imple-
mentation will display the position of aircraft 
more accurately and frequently so as to enable a 
more efficient use of existing airspace and result 
in reduced consumption of aviation fuel and air-
craft engine emissions; and 
(B) the feasibility of reducing aircraft sepa-
ration standards in a safe manner as a result of 
the implementation of such technologies. 
(2) AIRCRAFT SEPARATION STANDARDS.—If the 
Administrator determines that the standards referred 
to in paragraph (1)(B) can be reduced safely, the Ad-
ministrator shall include in the NextGen Implementa-
tion Plan a timetable for implementation of such re-
duced standards. 
(f) THIRD-PARTY USAGE.—The Administration shall 
establish a program under which the Administration will 
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use third parties in the development, testing, and mainte-
nance of flight procedures. 
SEC. 214. PERFORMANCE METRICS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall establish and begin 
tracking national airspace system performance metrics, in-
cluding, at a minimum, metrics with respect to— 
(1) actual arrival and departure rates per hour 
measured against the currently published aircraft ar-
rival rate and aircraft departure rate for the 35 oper-
ational 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; 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city 
pairs; 
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(10) implementation of NextGen Implementation 
Plan, or any successor document, capabilities de-
signed to reduce emissions and fuel consumption; 
(11) the Administration’s unit cost of providing 
air traffic control services; and 
(12) runway safety, including runway incur-
sions, operational errors, and loss of standard separa-
tion events. 
(b) BASELINES.—The Administrator, in consultation 
with aviation industry stakeholders, shall identify baselines 
for each of the metrics established under subsection (a) and 
appropriate methods to measure deviations from the base-
lines. 
(c) PUBLICATION.—The Administrator shall make 
data obtained under subsection (a) available to the public 
in a searchable, sortable, and downloadable format through 
the Web site of the Administration and other appropriate 
media. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
that contains— 
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(1) a description of the metrics that will be used 
to measure the Administration’s progress in imple-
menting NextGen capabilities and operational results; 
(2) information on any additional metrics devel-
oped; and 
(3) a process for holding the Administration ac-
countable for meeting or exceeding the metrics base-
lines identified in subsection (b). 
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall develop a plan to accelerate and stream-
line the process for certification of NextGen technologies, in-
cluding— 
(1) establishment of updated project plans and 
timelines; 
(2) identification of the specific activities needed 
to certify NextGen technologies, including the estab-
lishment of NextGen technical requirements for the 
manufacture of equipage, installation of equipage, 
airline operational procedures, pilot training stand-
ards, air traffic control procedures, and air traffic 
controller training; 
(3) identification of staffing requirements for the 
Air Certification Service and the Flight Standards 
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Service, taking into consideration the leveraging of 
assistance from third parties and designees; 
(4) establishment of a program under which the 
Administration will use third parties in the certifi-
cation process; and 
(5) establishment of performance metrics to 
measure the Administration’s progress. 
SEC. 216. SURFACE SYSTEMS ACCELERATION. 
(a) IN GENERAL.—The Chief Operating Officer of the 
Air Traffic Organization shall— 
(1) evaluate the Airport Surface Detection 
Equipment-Model X program for its potential con-
tribution to implementation of the NextGen initiative; 
(2) evaluate airport surveillance technologies and 
associated collaborative surface management software 
for potential contributions to implementation of 
NextGen surface management; 
(3) accelerate implementation of the program re-
ferred to in paragraph (1); and 
(4) carry out such additional duties as the Ad-
ministrator of the Federal Aviation Administration 
may require. 
(b) EXPEDITED CERTIFICATION AND UTILIZATION.— 
The Administrator shall— 
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(1) consider options for expediting the certifi-
cation of Ground-Based Augmentation System tech-
nology; and 
(2) develop a plan to utilize such a system at the 
35 operational evolution partnership airports by Sep-
tember 30, 2012. 
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwith-
standing any other law or agreement, the Administrator of 
the Federal Aviation Administration shall establish a proc-
ess or processes for including qualified employees 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 all deadlines and milestones 
established pursuant to this title. 
(c) NO CHANGE IN EMPLOYEE STATUS.—Participa-
tion in these processes by an employee shall not— 
(1) serve as a waiver of any bargaining obliga-
tions or rights; 
(2) entitle the employee to any additional com-
pensation or benefits; or 
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100 
(3) entitle the employee to prevent or unduly 
delay the exercise of management prerogatives. 
(d) WORKING GROUPS.—Except in extraordinary cir-
cumstances, the Administrator shall not pay overtime re-
lated to work group participation. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall report to 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate concerning the 
disputes between participating employees and Administra-
tion management that have led to delays to the implementa-
tion of NextGen, including information on the source of the 
dispute, the resulting length of delay, and associated cost 
increases. 
SEC. 218. SITING OF WIND FARMS NEAR FAA NAVIGATIONAL 
AIDS AND OTHER ASSETS. 
(a) SURVEY AND ASSESSMENT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, in order to address 
safety and operational concerns associated with the 
construction, alteration, establishment, or expansion 
of wind farms in proximity to critical Federal Avia-
tion Administration facilities, the Administrator of 
the Federal Aviation Administration shall complete a 
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113 
(1) review the October 2010 report by the Gov-
ernment Accountability Office on certification and 
approval processes (GAO–11–14); and 
(2) develop recommendations to address the find-
ings in the report and other concerns raised by inter-
ested parties, including representatives of the aviation 
industry. 
(b) MATTERS TO BE CONSIDERED.—The advisory 
panel shall— 
(1) determine the root causes of inconsistent in-
terpretation of regulations by the Administration’s 
Flight Standards Service and Aircraft Certification 
Service; 
(2) develop recommendations to improve the con-
sistency of interpreting regulations by the Adminis-
tration’s Flight Standards Service and Aircraft Cer-
tification Service; and 
(3) develop recommendations to improve commu-
nications between the Administration’s Flight Stand-
ards Service and Aircraft Certification Service and 
applicants and certificate and approval holders for 
the identification and resolution of potentially ad-
verse issues in an expeditious and fair manner. 
(c) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Administrator shall transmit 
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