Sec. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE
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## SEC. 709 AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE **[**[49 U.S.C. 40101 note](/us/usc/t49/s40101)**]** ###
(a)Establishment ####
(1)The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to manage work related to the Next Generation Air Transportation System. The office shall be known as the Next Generation Air Transportation System Joint Planning and Development Office (in this section referred to as the “Office”). ####
(2)The head of the Office shall be the Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration, with the approval of the Secretary. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee. ####
(3)The responsibilities of the Office shall include— #####
(A)creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b); #####
(B)overseeing research and development on that system; #####
(C)creating a transition plan for the implementation of that system; #####
(D)coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research; #####
(E)coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms; #####
(F)coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system; #####
(G)facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector; #####
(H)reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense; #####
(I)establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals; #####
(J)working to ensure global interoperability of the Next Generation Air Transportation 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 and in consultation with the Chief Technology Officer, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; and #####
(M)maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enterprise architecture requirements. ####
(4)#####
(A)The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies. #####
(B)The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, 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 relating 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 activities 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 obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System. #####
(C)The head of a Federal agency referred to in subparagraph
(B)shall— ######
(i)ensure that 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); ######
(ii)ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official's annual performance evaluations and compensation; ######
(iii)establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and ######
(iv)ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency's Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b). #####
(D)Not later than 6 months after the date of enactment of this subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection
(b)shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity. ####
(5)In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry. ####
(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 of the Office of Management and Budget, to the extent practicable, shall— ######
(i)ensure that— ######
(I)each Federal agency covered by the plan has sufficient funds requested in the President'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 System remains on schedule; ######
(ii)include, in the President's budget, a statement 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 Generation Air Transportation System; and ######
(iii)identify and justify as part of the President's budget submission any inconsistencies between the plan and amounts requested in the budget. ####
(7)The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration. ###
(b)Integrated Plan The integrated plan shall be designed to ensure that the Next Generation Air Transportation System meets anticipated future air transportation safety, security, mobility, efficiency, and capacity needs and accomplishes the goals under subsection (c). The integrated plan shall include— ####
(1)a national vision statement for an air transportation system capable of meeting potential air traffic demand by 2025; ####
(2)a description of the demand and the performance characteristics that will be required of the Nation's future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies the system is designed to further, and the underlying socioeconomic determinants, and associated models and analyses; ####
(3)a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined under clause (ii), including— #####
(A)the most significant technical obstacles and the research and development activities necessary to overcome them, including for each project, the role of each Federal agency, corporations, and universities; #####
(B)the annual anticipated cost of carrying out the research and development activities; and #####
(C)the technical milestones that will be used to evaluate the activities; ####
(4)a description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system to meet the vision for 2025; and ####
(5)a multiagency integrated work plan for the Next Generation Air Transportation System that includes— #####
(A)an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline; #####
(B)details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System; #####
(C)for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished 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 documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program; #####
(D)an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity's responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation 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 implementation 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 #####
(H)a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System. ###
(c)Goals The Next Generation Air Transportation System shall— ####
(1)improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services; ####
(2)take advantage of data from emerging ground-based and space-based communications, navigation, and surveillance technologies; ####
(3)integrate data streams from multiple agencies and sources to enable situational awareness and seamless global operations for all appropriate users of the system, including users responsible for civil aviation, homeland security, and national security; ####
(4)leverage investments in civil aviation, homeland security, and national security and build upon current air traffic management and infrastructure initiatives to meet system performance requirements for all system users; ####
(5)be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances; ####
(6)accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and ####
(7)take into consideration, to the greatest extent practicable, design of airport approach and departure flight paths to reduce exposure of noise and emissions pollution on affected residents. ###
(d)NextGen Implementation Plan The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System. ###
(e)Authorization of Appropriations There are authorized to be appropriated to the Office $50,000,000 for each of the fiscal years 2004 through 2010. **[**Section 710 was repealed by section 218(i) of Public Law 118–63.**]**
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Sec. 709
AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE
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