Sec. 619. NEXTGEN PROGRAMS
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## SEC. 619 NEXTGEN PROGRAMS **[**[49 U.S.C. 40101 note](/us/usc/t49/s40101)**]** ###
(a)In General Not later than 180 days after the date of enactment of this Act, and periodically thereafter as the Administrator determines appropriate, the Administrator shall convene FAA officials to evaluate and expedite the implementation of NextGen programs and capabilities. ###
(b)Nextgen Program Prioritization In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary shall give priority to the following activities: ####
(1)Performance-based navigation. ####
(2)Data communications. ####
(3)Terminal flight data manager. ####
(4)Aeronautical information management. ####
(5)Other activities as recommended by the NextGen Advisory Committee and determined by the Administrator to be appropriate. ###
(c)Performance-based Navigation ####
(1)In general Not later than 3 years after the date of enactment of this Act, the Administrator shall fully implement performance-based navigation procedures for all terminal and enroute routes, including approach and departure procedures for covered airports. ####
(2)Specific procedures Pursuant to paragraph (1), the Administrator shall prioritize the following performance-based navigation procedures: #####
(A)Trajectory-based operations. #####
(B)Optimized profile descents. #####
(C)Multiple airport route separation. #####
(D)Established on required navigation performance. #####
(E)Converging runway display aids. ####
(3)Performance-based navigation baseline equipage requirements In carrying out paragraph (1), the Administrator shall issue such regulations as may be required, and publish applicable advisory circulars, to establish the equipage baseline appropriate for aircraft to safely use performance-based navigation procedures. ####
(4)Utilization action plan Not later than 180 days after enactment of this Act, the Administrator shall, in consultation with certified labor representatives of air traffic controllers and the NextGen Advisory Committee, develop an action plan to utilize performance-based navigation procedures as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system. ###
(d)Data Communications ####
(1)In general Not later than 2 years after the date of enactment of this Act, the Administrator shall fully implement the use of data communications. ####
(2)Specific capabilities In carrying out subsection
(a)and this subsection, the Administrator shall prioritize the following data communications capabilities: #####
(A)Ground-to-ground message exchange for surface aircraft operations and runway safety at airports. #####
(B)Automated message generation and receipt. #####
(C)Message routing and transmission. #####
(D)Direct communications with aircraft avionics. #####
(E)Implementation of data communications at all Air Route Traffic Control Centers. #####
(F)The Future Air Navigation System. ###
(e)Terminal Flight Data Manager and Other Systems ####
(1)Terminal flight data manager Not later than 4 years after the date of enactment of this Act, the Administrator shall install the Terminal Flight Data Manager system at not less than 89 airports in the United States based on the highest number of annual aircraft operations or a determination of operational need and the impact of installation and deployment on the national airspace system. ####
(2)Electronic flight strips At a minimum, the Administrator shall implement electronic flight strips at the air traffic control towers of airports described in paragraph (1). ####
(3)Flow management data and services Not later than 4 years after the date of enactment of this Act, if the Administrator finds that Terminal Flight Data Manager systems would be beneficial to safety or efficiency, the Administrator shall install Flow Management Data and Services at airports described under paragraph (1). ####
(4)Appropriations The activities under paragraphs (1), (2), and
(3)of this subsection shall be contingent on the appropriation of funds to carry out this subsection. ###
(f)Aeronautical Information Management Systems ####
(1)In general Not later than 3 years after the date of enactment of this Act, the Administrator shall fully modernize the aeronautical information management systems of the FAA to improve the functionality, useability, durability, and reliability of such systems used in the national airspace system. ####
(2)Requirements In carrying out paragraph (1), the Administrator shall— #####
(A)improve the distribution of critical safety information to pilots, air traffic control, and other relevant aviation stakeholders; #####
(B)fully develop and implement the Enterprise Information Display System; and #####
(C)notwithstanding a centralized aeronautical information management system, restructure the back-up systems of aeronautical information management systems to be independent and self-sufficient from one another. ###
(g)Nextgen Equipage Plan ####
(1)In general Not later than 14 months after the date of enactment of this Act, the Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics within the fleets of air carriers (as such term is defined in section 40102(a) of title 49, United States Code. ####
(2)Contents In developing the plan required under paragraph (1), the Administrator shall, at a minimum— #####
(A)provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage of commercial and regional aircraft with certain NextGen avionics; #####
(B)identify any remaining barriers for operators of commercial and regional aircraft to properly equip such aircraft with certain NextGen avionics, including any methods to address such barriers; #####
(C)provide for the use of the best methods to highlight and enhance to operators of commercial and regional aircraft the benefits of equipping such aircraft with certain NextGen avionics; and #####
(D)include in such plan any equipage guidelines and regulations the Administrator determines necessary and appropriate. ####
(3)Consultation In developing the plan under paragraph (1), the Administrator shall consult with representatives from— #####
(A)trade associations representing air carriers; #####
(B)trade associations representing avionics manufacturers; #####
(C)certified labor organizations representing air traffic controllers; and #####
(D)any other representatives the Administrator determines appropriate. ####
(4)Submission of plan Not later than 15 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the plan required under this subsection. ####
(5)Implementation Not later than 18 months after the date of enactment of this Act, the Administrator shall initiate such actions necessary to implement the plan developed under paragraph (1), including initiating any required rulemaking. ####
(6)Definition In this subsection, the term “certain NextGen avionics” means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled “Minimum Capabilities List
(MCL)Ad Hoc Team NAC Task 19-1 Report”, issued on November 17, 2020. ###
(h)Effect of Failure to Meet Deadline ####
(1)Notification of congress For each deadline established under subsections
(a)through (g), if the Administrator determines that the Administrator has not met or will not meet each such deadline, the Administrator shall, not later than 30 days after such determination, notify the appropriate committees of Congress about the failure to meet each deadline. ####
(2)Contents of notification Each notification under paragraph
(1)shall be accompanied by the following: #####
(A)An explanation as to why the Administrator will not or did not meet the deadline described in such paragraph. #####
(B)A description of the actions the Administrator plans to take to meet the deadline described in such paragraph. #####
(C)Actions Congress can take to assist the Administrator in meeting the deadline described in such paragraph. ####
(3)Briefing If the Administrator is required to provide notice under paragraph (1), the Administrator shall provide the appropriate committees of Congress quarterly briefings as to the progress made by the Administrator regarding implementation under the respective subsection for which the deadline will not be or was not met until such time as the Administrator has completed the required work under such subsection. ###
(i)NextGen Advisory Committee Consultation ####
(1)In general The Administrator shall consult and task the NextGen Advisory Committee with providing recommendations on ways to expedite, prioritize, and fully implement the NextGen program to realize the operational benefits of such programs. ####
(2)Considerations In providing recommendations under paragraph (1), the NextGen Advisory Committee shall consider— #####
(A)air traffic throughput of the national airspace system; #####
(B)daily operational performance, including delays and cancellations; and #####
(C)the potential need for performance-based operational metrics related to the NextGen program and subsequent air traffic modernization programs and efforts.
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Sec. 619
NEXTGEN PROGRAMS
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