described under subsection (c) if the Secretary finds that the community’s subsidy-per-passenger for a fiscal year is lower than the subsidy-per-passenger for any of the 3 previous fiscal years. (2) Exception The Secretary shall waive application of the subsidy-per-passenger cap if the subsidy-per-passenger for a fiscal year is less than 10 percent higher than the highest subsidy-per-passenger from any of the 3 previous fiscal years. The Secretary may only waive application of the subsidy-per-passenger cap under this paragraph once per community. (3) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s ability under subsection (c) to waive application of the subsidy-per-passenger cap. . V Miscellaneous 501. Definitions In this title, the following definitions apply: (1) Administration The term Administration means the Federal Aviation Administration. (2) Administrator The term Administrator means the Administrator of the FAA. (3) ADS–B The term ADS–B means automatic dependent surveillance-broadcast. (4) ADS–B Out The term ADS–B Out means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft. (5) FAA The term FAA means the Federal Aviation Administration. (6) NextGen The term NextGen means the Next Generation Air Transportation System. 502. Report on air traffic control modernization (a) FAA report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing the multiyear effort of the Administration to modernize the air transportation system (in this section referred to as the modernization effort ), including— (1) the number of years that the modernization effort has been underway as of the date of the report