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Code · STATUTE-COMPILATIONS · FAA Modernization and Reform Act of 2012 · Sec. 204

Sec. 204. CHIEF NEXTGEN OFFICER

872 words·~4 min read·/statute-compilations/comps-9829/sec-204

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## SEC. 204 CHIEF NEXTGEN OFFICER Section 106 is amended by adding at the end the following: > > ### “(s) Chief NextGen Officer > > > #### “(1) In general > > > ##### “(A) Appointment > > There shall be a Chief NextGen Officer appointed by the Administrator, with the approval of the Secretary. The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator. > > > ##### “(B) Qualifications > > The Chief NextGen Officer shall have a demonstrated ability in management and knowledge of or experience in aviation and systems engineering. > > > ##### “(C) Term > > The Chief NextGen Officer shall be appointed for a term of 5 years. > > > ##### “(D) Removal > > The Chief NextGen Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the implementation of NextGen. > > > ##### “(E) Vacancy > > Any individual appointed to fill a vacancy in the position of Chief NextGen Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term. > > > #### “(2) Compensation > > > ##### “(A) In general > > The Chief NextGen Officer shall be paid at an annual rate of basic pay to be determined by the Administrator.
The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief NextGen Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief NextGen Officer were described in section 207(c)(2)(A)(i) of that title. > > > ##### “(B) Bonus > > In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief NextGen Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief NextGen Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3). > > > #### “(3) Annual performance agreement > > The Administrator and the Chief NextGen Officer, in consultation with the Federal Aviation Management Advisory Council, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief NextGen Officer in key operational areas.
The agreement shall be subject to review and renegotiation on an annual basis. > > > #### “(4) Annual performance report > > The Chief NextGen Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary. > > > #### “(5) Responsibilities > > The responsibilities of the Chief NextGen Officer include the following: > > > ##### “(A) > > Implementing NextGen activities and budgets across all program offices of the Federal Aviation Administration. > > > ##### “(B) > > Coordinating the implementation of NextGen activities with the Office of Management and Budget. > > > ##### “(C) > > Reviewing and providing advice on the Administration’s modernization programs, budget, and cost accounting system with respect to NextGen. > > > ##### “(D) > > With respect to the budget of the Administration— > > > ###### “(i) > > developing a budget request of the Administration related to the implementation of NextGen; > > > ###### “(ii) > > submitting such budget request to the Administrator; and > > > ###### “(iii) > > ensuring that the budget request supports the annual and long-range strategic plans of the Administration with respect to NextGen. > > > ##### “(E) > > Consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress. > > > ##### “(F) > > Developing an annual NextGen implementation plan. > > > ##### “(G) > > Ensuring that NextGen implementation activities are planned in such a manner as to require that system architecture is designed to allow for the incorporation of novel and currently unknown technologies into NextGen in the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation. > > > ##### “(H) > > Coordinating with the NextGen Joint Planning and Development Office with respect to facilitating cooperation among all Federal agencies whose operations and interests are affected by the implementation of NextGen. > > > #### “(6) Exception > > If the Administrator appoints as the Chief NextGen Officer, pursuant to paragraph (1)(A), an Executive Schedule employee covered by section 5315 of title 5, then paragraphs (1)(B), (1)(C), (2), and
(3)of this subsection shall not apply to such employee. > > > #### “(7) Nextgen defined > > For purposes of this subsection, the term ‘NextGen’ means the Next Generation Air Transportation System.” > .
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