49 USC SUBTITLE VII, PART A, subpart iii: safety
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49 USC SUBTITLE VII, PART A, subpart iii: safety
From Title 49—TRANSPORTATIONSUBTITLE VII—AVIATION PROGRAMSPART A—AIR COMMERCE AND SAFETY

subpart iii—safety

CHAPTER 441—REGISTRATION AND RECORDATION OF AIRCRAFT

Sec.
44101.
Operation of aircraft.
44102.
Registration requirements.
44103.
Registration of aircraft.
44104.
Registration of aircraft components and dealers' certificates of registration.
44105.
Suspension and revocation of aircraft certificates.
44106.
Revocation of aircraft certificates for controlled substance violations.
44107.
Recordation of conveyances, leases, and security instruments.
44108.
Validity of conveyances, leases, and security instruments.
44109.
Reporting transfer of ownership.
44110.
Information about aircraft ownership and rights.
44111.
Modifications in registration and recordation system for aircraft not providing air transportation.
44112.
Limitation of liability.
44113.
Definitions.
44114.
Privacy.

        

Editorial Notes

Amendments

2024Pub. L. 118–63, title VIII, §803(b), May 16, 2024, 138 Stat. 1322, added item 44114.

2004Pub. L. 108–297, §6(b), Aug. 9, 2004, 118 Stat. 1097, added item 44113.

§44101. Operation of aircraft

(a) Registration Requirement.—Except as provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered under section 44103 of this title.

(b) Exceptions.—A person may operate an aircraft in the United States that is not registered—

(1) when authorized under section 40103(d) or 41703 of this title;

(2) when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation Administration; and

(3) for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44101(a) 49 App.:1401(a) (1st sentence words before proviso less words between parentheses). Aug. 23, 1958, Pub. L. 85–726, §501(a), 72 Stat. 771.
44101(b) 49 App.:1401(a) (1st sentence words between parentheses, proviso, last sentence).
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

In this section, the word "navigate" is omitted as being included in the definition of "operate aircraft" in section 40102(a) of the revised title.

In subsection (a), the words "Except as provided in subsection (b) of this section" are added for clarity. The words "a person may . . . an aircraft only when the aircraft is registered under section 44103 of this title" are substituted for "It shall be unlawful . . . any aircraft eligible for registration if such aircraft is not registered by its owner as provided in this section, or . . . any aircraft not eligible for registration" for clarity and to eliminate unnecessary words.

In subsection (b), before clause (1), the words "A person may operate an aircraft in the United States that is not registered" are substituted for "may be operated and navigated without being so registered" and "may . . . permit the operation and navigation of aircraft without registration" for clarity. In clause (2), the words "identified in a way" are substituted for "identified, by the agency having jurisdiction over them, in a manner" to eliminate unnecessary words.


Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–297, §7, Aug. 9, 2004, 118 Stat. 1097, provided that: "This Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation." [The Cape Town Treaty entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.]

Regulations

Pub. L. 108–297, §4, Aug. 9, 2004, 118 Stat. 1096, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall issue regulations necessary to carry out this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act.

"(b) Contents of Regulations.—Regulations to be issued under this Act shall specify, at a minimum, the requirements for—

"(1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and

"(2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town Treaty.

"(c) Expedited Rulemaking Process.—

"(1) Final rule.—The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004.

"(2) Effective date.—The final rule shall not be effective before the date the Cape Town Treaty enters into force with respect to the United States [Mar. 1, 2006, see Effective Date of 2004 Amendment note above].

"(3) Economic analysis.—The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule.

"(d) Applicability of Treaty.—Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the effective date of the final rule under this section or December 31, 2004."

Cape Town Treaty; Findings and Purpose

Pub. L. 108–297, §2, Aug. 9, 2004, 118 Stat. 1095, provided that:

"(a) Findings.—Congress finds the following:

"(1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice.

"(2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft engines.

"(3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world.

"(4) Only technical changes to United States law and regulations are required since the asset-based financing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code.

"(5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well.

"(6) The United States Government was a leader in the development of the Cape Town Treaty.

"(b) Purpose.—Accordingly, the purpose of this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title] is to provide for the implementation of the Cape Town Treaty in the United States by making certain technical amendments to the provisions of chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to complete the necessary rulemaking processes as expeditiously as possible, and clarifying the applicability of the Treaty during the rulemaking process."

§44102. Registration requirements

(a) Eligibility.—An aircraft may be registered under section 44103 of this title only when the aircraft is—

(1) not registered under the laws of a foreign country and is owned by—

(A) a citizen of the United States;

(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or

(C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or


(2) an aircraft of—

(A) the United States Government; or

(B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.


(b) Duty To Define Certain Term.—In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define "based and primarily used in the United States".

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44102(a)(1) 49 App.:1401(b) (1st sentence cl. (1)). Aug. 23, 1958, Pub. L. 85–726, §501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L. 95–163, §14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119.
44102(a)(2) 49 App.:1401(b) (1st sentence cl. (2)).
44102(b) 49 App.:1401(b) (last sentence).

In subsection (a), before clause (1), the words "may be registered" are substituted for "shall be eligible for registration", and the words "under section 44103 of this title" are added, for clarity. The words "only when" are substituted for "if, but only if" for consistency. In subclause (C), the words "not a citizen of the United States" are substituted for "(other than a corporation which is a citizen of the United States)" to eliminate unnecessary words. The word "lawfully" is omitted as surplus.

In subsection (b), the words "In carrying out subsection (a)(1)(C) of this section" are added because of the restatement. The words "by regulation" are omitted as unnecessary because of 49:322(a).

§44103. Registration of aircraft

(a) General.—(1) On application of the owner of an aircraft that meets the requirements of section 44102 of this title, the Administrator of the Federal Aviation Administration shall—

(A) register the aircraft; and

(B) issue a certificate of registration to its owner.


(2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer's certificate of registration issued under section 44104(2) of this title also is registered under this section.

(b) Controlled Substance Violations.—(1) The Administrator may not issue an owner's certificate of registration under subsection (a)(1) of this section to a person whose certificate is revoked under section 44106 of this title during the 5-year period beginning on the date of the revocation, except—

(A) as provided in section 44106(e)(2) of this title; or

(B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator decides that the aircraft otherwise meets the requirements of section 44102 of this title and that denial of a certificate for the 5-year period—

(i) would be excessive considering the nature of the offense or the act committed and the burden the denial places on the person; or

(ii) would not be in the public interest.


(2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of this subsection is within the discretion of the Administrator. That decision or failure to make a decision is not subject to administrative or judicial review.

(c) Certificates as Evidence.—A certificate of registration issued under this section is—

(1) conclusive evidence of the nationality of an aircraft for international purposes, but not conclusive evidence in a proceeding under the laws of the United States; and

(2) not evidence of ownership of an aircraft in a proceeding in which ownership is or may be in issue.


(d) Certificates Available for Inspection.—An operator of an aircraft shall make available for inspection a certificate of registration for the aircraft when requested by a United States Government, State, or local law enforcement officer.

(e) Validity of Aircraft Registration During Renewal.—

(1) In general.—An aircraft may be operated on or after the expiration date found on the certificate of registration issued for such aircraft under this section as if it were not expired if the operator of such aircraft has aboard the aircraft—

(A) documentation validating that—

(i) an aircraft registration renewal application form (AC Form 8050–1B, or a succeeding form) has been submitted to the Administrator for such aircraft but not yet approved or denied; and

(ii) such aircraft is compliant with maintenance, inspections, and any other requirements for the aircraft's airworthiness certificate issued under section 44704(d); and


(B) the most recent aircraft registration.


(2) Proof of pending renewal application.—The Administrator shall provide an applicant for renewal of registration under this section with documentation described in paragraph (1)(A). Such documentation shall—

(A) be made electronically available to the applicant immediately upon submitting an aircraft registration renewal application to the Civil Aviation Registry for an aircraft;

(B) notify the applicant of the operational allowance described in paragraph (1);

(C) deem an aircraft's airworthiness certificate issued under section 44704(d) as valid provided that the applicant confirms acknowledgment of the requirements of paragraph (1)(A)(ii);

(D) confirm the applicant acknowledged the limitations described in paragraph (3)(A) and (3)(B); and

(E) include identifying information pertaining to such aircraft and to the registered owner.


(3) Rule of construction.—Nothing in this subsection shall be construed to permit any person to operate an aircraft—

(A) with an expired registration, except as specifically provided for under this subsection; or

(B) if the Administrator has denied an application to renew the registration of such aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162; Pub. L. 118–63, title VIII, §812(a), May 16, 2024, 138 Stat. 1326.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44103(a)(1) 49 App.:1401(c), (d). Aug. 23, 1958, Pub. L. 85–726, §§501(c), (d), (f), 505 (2d sentence), 72 Stat. 772, 774.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44103(a)(2) 49 App.:1405 (2d sentence).
  49 App.:1655(c)(1).
44103(b) 49 App.:1401(e)(2)(D), (E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(e)(2)(D), (E); added Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2315.
44103(c) 49 App.:1401(f).
44103(d) 49 App.:1401(g). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(g); added Oct. 27, 1986, Pub. L. 99–570, §3401(a)(2), 100 Stat. 3207–99.

In subsection (a)(1), the words "On application" are substituted for "upon request", and the words "meets the requirements of section 44102 of this title" are substituted for "eligible for registration", for consistency in this subchapter. The text of 49 App.:1401(d) is omitted as unnecessary because of 49:322(a).

In subsection (b)(1)(B), before subclause (i), the words "after the one-year period beginning on the date of the revocation" are substituted for "before the end of such five-year period (but not before the end of the one-year period beginning on the date of such revocation)" for clarity and to eliminate unnecessary words. The words "otherwise meets the requirements of section 44102 of this title" are substituted for "is otherwise eligible for registration under this section" because of the restatement. The words "denial of a certificate" are substituted for "revocation of the certificate" for clarity.

In subsection (c), before clause (1), the words "A certificate of registration" are substituted for "Registration" for clarity. In clause (2), the words "by a particular person" are omitted as surplus.


Editorial Notes

Amendments

2024—Subsec. (e). Pub. L. 118–63 added subsec. (e).


Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 118–63, title VIII, §812(b), May 16, 2024, 138 Stat. 1327, provided that: "Not later than 36 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule, if necessary, and update all applicable guidance and policies to reflect the amendment made by this section [amending this section]."

Implementation of Anti-Terrorist and Narcotic Air Events Programs

Pub. L. 118–63, title II, §231(a), May 16, 2024, 138 Stat. 1065, provided that:

"(1) Priority recommendations.—Not later than 180 days after the date of enactment of this section [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall—

"(A) implement recommendations 6, 13, 14, and 15 as set forth in the Government Accountability Office report entitled 'Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration,' (dated March 25, 2020); and

"(B) to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA [Federal Aviation Administration].

"(2) Remaining recommendations.—The Administrator shall implement recommendations 1 through 5 and 8 through 12 as set forth in the Government Accountability Office report described in paragraph (1) and, to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA, on the earlier of—

"(A) the date that is 90 days after the date on which the FAA implements the Civil Aviation Registry Electronic Services system; or

"(B) January 1, 2026."

Deadline To Eliminate Aircraft Registration Backlog

Pub. L. 118–63, title VIII, §817, May 16, 2024, 138 Stat. 1328, provided that: "Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to reduce and maintain the aircraft registration and recordation backlog at the Civil Aviation Registry so that, on average, applications are processed not later than 10 business days after receipt."

Aircraft Registration

Pub. L. 115–254, div. B, title V, §556, Oct. 5, 2018, 132 Stat. 3383, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall initiate a rulemaking to increase the duration of aircraft registrations for noncommercial general aviation aircraft to 7 years.

"(b) Considerations.—In promulgating the notice of proposed rulemaking described in subsection (a), the Administrator may consider any events, circumstances, changes in any ownership entity or structure, or other condition that would necessitate renewal prior to the expiration of an aircraft registration."

Right to Privacy When Using Air Traffic Control System

Pub. L. 115–254, div. B, title V, §566, Oct. 5, 2018, 132 Stat. 3385, which provided for blocking the registration number of certain private aircraft from public dissemination upon request by the owner or operator, was repealed by Pub. L. 118–63, title VIII, §803(c), May 16, 2024, 138 Stat. 1322. See section 44114 of this title.

Aircraft Situational Display Data

Pub. L. 106–181, title VII, §729, Apr. 5, 2000, 114 Stat. 168, provided that:

"(a) In General.—A memorandum of agreement between the Administrator [of the Federal Aviation Administration] and any person that directly obtains aircraft situational display data from the Federal Aviation Administration shall require that—

"(1) the person demonstrate to the satisfaction of the Administrator that the person is capable of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and

"(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the Administration's request.

"(b) Existing Memoranda To Be Conformed.—Not later than 30 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall conform any memoranda of agreement, in effect on such date of enactment, between the Federal Aviation Administration and a person under which that person obtains aircraft situational display data to incorporate the requirements of subsection (a)."

§44104. Registration of aircraft components and dealers' certificates of registration

The Administrator of the Federal Aviation Administration may prescribe regulations—

(1) in the interest of safety for registering and identifying an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and revoking a dealer's certificate of registration under this chapter and for its use by a person manufacturing, distributing, or selling aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44104(1) 49 App.:1402. Aug. 23, 1958, Pub. L. 85–726, §§502, 505 (1st sentence), 72 Stat. 772, 774.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44104(2) 49 App.:1405 (1st sentence).
  49 App.:1655(c)(1).

In this section, before clause (1), the words "prescribe regulations" are substituted for "establish reasonable rules and regulations" in 49 App.:1402 and "by such reasonable regulations" in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words "and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation" are omitted as surplus because of section 46301 of the revised title. In clause (2), the words "in connection with" are omitted as surplus.

§44105. Suspension and revocation of aircraft certificates

The Administrator of the Federal Aviation Administration may suspend or revoke a certificate of registration issued under section 44103 of this title when the aircraft no longer meets the requirements of section 44102 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44105 49 App.:1401(e)(1). Aug. 23, 1958, Pub. L. 85–726, §501(e)(1), 72 Stat. 772; Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2314.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

The words "when the aircraft no longer meets" are substituted for "for any cause which renders the aircraft ineligible" for consistency.

§44106. Revocation of aircraft certificates for controlled substance violations

(a) Definition.—In this section, "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) Revocations.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of registration for an aircraft issued to an owner under section 44103 of this title and any other certificate of registration that the owner of the aircraft holds under section 44103, if the Administrator finds that—

(A) the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance); and

(B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph.


(2) An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A).

(c) Advice to Holders and Opportunity To Answer.—Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator shall—

(1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and

(2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked.


(d) Appeals.—(1) A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing, the Board is not bound by the findings of fact of the Administrator.

(2) When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—

(A) the order remains effective; and

(B) the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph.


(3) A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under section 46110 of this title. The Administrator shall be made a party to that judicial proceeding.

(e) Acquittal.—(1) The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.

(2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if the person—

(A) subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and

(B) otherwise meets the requirements of section 44102 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44106(a) 49 App.:1401(e)(2)(C). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(e)(2)(A)– (C), (F); added Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2314, 2315.
44106(b) 49 App.:1401(e)(2)(A) (less last sentence).
44106(c) 49 App.:1401(e)(2)(B) (1st sentence).
44106(d) 49 App.:1401(e)(2)(B) (2d–last sentences).
44106(e) 49 App.:1401(e)(2)(A) (last sentence), (F).

In subsection (b)(2), the words "knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection" are substituted for "with knowledge of such intended use" for clarity.

§44107. Recordation of conveyances, leases, and security instruments

(a) Establishment of System.—The Administrator of the Federal Aviation Administration shall establish a system for recording—

(1) conveyances that affect an interest in civil aircraft of the United States;

(2) leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—

(A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent;

(B) a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower;

(C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine, or propeller, by or for an air carrier holding a certificate issued under section 44705 of this title; and

(D) spare parts maintained by or for an air carrier holding a certificate issued under section 44705 of this title; and


(3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2).


(b) General Description Required.—A lease or instrument recorded under subsection (a)(2)(C) or (D) of this section only has to describe generally the engine, propeller, appliance, or spare part by type and designate its location.

(c) Acknowledgment.—Except as the Administrator otherwise may provide, a conveyance, lease, or instrument may be recorded under subsection (a) of this section only after it has been acknowledged before—

(1) a notary public; or

(2) another officer authorized under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States to acknowledge deeds.


(d) Records and Indexes.—The Administrator shall—

(1) keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and

(2) record each conveyance, lease, and instrument filed with the Administrator, in the order of their receipt, and index them by—

(A) the identifying description of the aircraft, aircraft engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section; and

(B) the names of the parties to each conveyance, lease, and instrument.


(e) International Registry.—

(1) Designation of united states entry point.—As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to—

(A) civil aircraft of the United States;

(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and

(C) aircraft engines.


(2) System for filing notice of prospective interests.—

(A) Establishment.—The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty.

(B) Maintenance of validity.—A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day.


(3) Authorization for registration of aircraft.—A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1164; Pub. L. 108–297, §3, Aug. 9, 2004, 118 Stat. 1096.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44107(a)(1) 49 App.:1403(a)(1). Aug. 23, 1958, Pub. L. 85–726, §503(a)(1), (3), (b), 72 Stat. 772.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44107(a) (2)(A), (B) 49 App.:1403(a)(2). Aug. 23, 1958, Pub. L. 85–726, §503(a)(2), 72 Stat. 772; restated July 8, 1959, Pub. L. 86–81, §1, 73 Stat. 180.
  49 App.:1655(c)(1).
44107(a) (2)(C), (D) 49 App.:1403(a)(3) (less words between 13th comma and semicolon).
  49 App.:1655(c)(1).
44107(a)(3) 49 App.:1403(b).
  49 App.:1655(c)(1).
44107(b) 49 App.:1403(a)(3) (words between 13th comma and semicolon).
44107(c) 49 App.:1403(e). Aug. 23, 1958, Pub. L. 85–726, §503(e), 72 Stat. 773; restated June 30, 1964, Pub. L. 88–346, §2, 78 Stat. 236.
  49 App.:1655(c)(1).
44107(d) 49 App.:1403(f). Aug. 23, 1958, Pub. L. 85–726, §503(f), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, §4, 73 Stat. 181.
  49 App.:1655(c)(1).

In subsection (a)(1) and (2), the words "title to" are omitted as being included in "interest in".

In subsection (a)(2), before subclause (A), the word "instruments" is substituted for "any mortgage, equipment trust . . . or other instrument" because it is inclusive. The word "supplement" is omitted as being included in "amendments".

In subsection (a)(3), the words "The Secretary of Transportation shall also record under the system" are omitted as unnecessary because of the restatement.

In subsections (a)(3) and (c), the words "lease, or instrument" are substituted for "other instrument" for clarity and consistency in this subchapter.

In subsections (b) and (d), the words "or locations" are omitted because of 1:1.

In subsection (b), the words "recorded under subsection (a)(2)(C) or (D) of this section" are added for clarity. The words "lease or instrument" are substituted for "instrument" for clarity and consistency in this subchapter.

In subsection (c), before clause (1), the words "by regulation" are omitted because of 49:322(a). In clause (2), the words "possession of the United States" are substituted for "possession thereof" for clarity.

In subsection (d), the words "lease, and instrument" are substituted for "other instruments" for clarity and consistency in this subchapter. In clause (1), the words "of the time and date of" before "recordation" are omitted as unnecessary because of the restatement. In clause (2), before subclause (A), the words "in files to be kept for that purpose" are omitted as unnecessary. In subclause (A), the words "location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section" are substituted for "in the case of an instrument referred to in subsection (a)(3) of this section, the location or locations specified therein" for clarity and consistency in this subchapter.


Editorial Notes

Amendments

2004—Subsec. (a)(2)(A). Pub. L. 108–297, §3(a)(1), substituted "550" for "750".

Subsec. (a)(3). Pub. L. 108–297, §3(a)(2), substituted "paragraph (1) or (2)" for "clause (1) or (2) of this subsection".

Subsec. (e). Pub. L. 108–297, §3(b), added subsec. (e).


Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.

§44108. Validity of conveyances, leases, and security instruments

(a) Validity Before Filing.—Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is valid only against—

(1) the person making the conveyance, lease, or instrument;

(2) that person's heirs and devisees; and

(3) a person having actual notice of the conveyance, lease, or instrument.


(b) Period of Validity.—When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that—

(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and

(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.


(c) Applicable Laws.—(1) The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.

(2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.

(d) Nonapplication.—This section does not apply to—

(1) a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or

(2) a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, §5, Aug. 9, 2004, 118 Stat. 1097.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44108(a) 49 App.:1403(c) (less words after semicolon). Aug. 23, 1958, Pub. L. 85–726, §503(c), 72 Stat. 773.
44108(b) 49 App.:1403(d). Aug. 23, 1958, Pub. L. 85–726, §503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, §3, 73 Stat. 181.
44108(c)(1) 49 App.:1406. Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §506; added June 30, 1964, Pub. L. 88–346, §1(a), 78 Stat. 236.
44108(c)(2) 49 App.:1406 (note). June 30, 1964, Pub. L. 88–346, §1(c), 78 Stat. 236.
44108(d) 49 App.:1403(c) (words after semicolon).

In subsection (a), before clause (1), the words "conveyance, lease, or instrument executed for security purposes" are substituted for "conveyance or instrument" for clarity and consistency in this subchapter. The words "in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts" are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words "person making the conveyance, lease, or instrument" are substituted for "the person by whom the conveyance or other instrument is made or given" to eliminate unnecessary words and for consistency in this subchapter.

In subsection (b), before clause (1), the words "When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing" are substituted for "Each conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of the section shall from the time of its filing for recordation" for clarity and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words "is valid" are substituted for "Provided, That . . . shall not be affected" for consistency in this subchapter. The words "or engines . . . or propellers" are omitted because of 1:1. In clause (2), the words "is valid" are substituted for "shall be effective" for consistency in this subchapter. The words "for items at the location designated in the lease or instrument" are substituted for "which may from time to time be situated at the designated location or locations and only while so situated" for clarity and to eliminate unnecessary words.

In subsection (c)(1), the words "conveyance, lease, or" are added for consistency in this subchapter. The words "the conveyance, lease, or instrument" are substituted for "therein", and the words "it is presumed" are substituted for "it shall constitute presumptive evidence", for clarity.

In subsection (d)(2), the words "lease or instrument" are substituted for "instrument" for clarity and consistency in this subchapter.


Editorial Notes

Amendments

2004—Subsec. (c)(2). Pub. L. 108–297 inserted "or the Cape Town Treaty, as applicable" before period at end.


Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.

§44109. Reporting transfer of ownership

(a) Filing Notices.—A person having an ownership interest in an aircraft for which a certificate of registration was issued under section 44103 of this title shall file a notice with the Secretary of the Treasury that the Secretary requires by regulation, not later than 15 days after a sale, conditional sale, transfer, or conveyance of the interest.

(b) Exemptions.—The Secretary—

(1) shall prescribe regulations that establish guidelines for exempting a person or class from subsection (a) of this section; and

(2) may exempt a person or class under the regulations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44109(a) 49 App.:1509(f). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1109(f); added Oct. 27, 1986, Pub. L. 99–570, §3401(d)(1), 100 Stat. 3207–101.
44109(b) 49 App.:1509 (note). Oct. 27, 1986, Pub. L. 99–570, §3401(d)(2), 100 Stat. 3207–102.

In subsection (a), the text of 49 App.:1509(f) (last sentence) is omitted as unnecessary.

In subsection (b)(1), the words "Within 30 days after the date of enactment of subsection (f) of section 1109 of the Federal Aviation Act of 1958 as added by this subsection" are omitted as obsolete.

§44110. Information about aircraft ownership and rights

The Administrator of the Federal Aviation Administration may provide by regulation for—

(1) endorsing information on each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of this title about ownership of the aircraft for which each certificate is issued; and

(2) recording transactions affecting an interest in, and for other records, proceedings, and details necessary to decide the rights of a party related to, a civil aircraft of the United States, aircraft engine, propeller, appliance, or spare part.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44110 49 App.:1403(g). Aug. 23, 1958, Pub. L. 85–726, §503(g), 72 Stat. 774.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

In clause (1), the words "each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of this title" are substituted for "certificates of registration, or aircraft certificates" for clarity and because of the restatement.

In clause (2), the words "recording transactions" are substituted for "recording of discharges and satisfactions of recorded instruments, and other transactions" to eliminate unnecessary words. The words "title to" are omitted as being included in "interest in". The words "to decide" are substituted for "to facilitate the determination" to eliminate unnecessary words. The words "related to" are substituted for "dealing with" for clarity. The word "spare" is added for consistency in this section.

§44111. Modifications in registration and recordation system for aircraft not providing air transportation

(a) Application.—This section applies only to aircraft not used to provide air transportation.

(b) Authority To Make Modifications.—The Administrator of the Federal Aviation Administration shall make modifications in the system for registering and recording aircraft necessary to make the system more effective in serving the needs of—

(1) buyers and sellers of aircraft;

(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and

(3) other users of the system.


(c) Nature of Modifications.—Modifications made under subsection (b) of this section—

(1) may include a system of titling aircraft or registering all aircraft, even aircraft not operated;

(2) shall ensure positive, verifiable, and timely identification of the true owner; and

(3) shall address at least each of the following deficiencies in and abuses of the existing system:

(A) the registration of aircraft to fictitious persons.

(B) the use of false or nonexistent addresses by persons registering aircraft.

(C) the use by a person registering an aircraft of a post office box or "mail drop" as a return address to evade identification of the person's address.

(D) the registration of aircraft to entities established to facilitate unlawful activities.

(E) the submission of names of individuals on applications for registration of aircraft that are not identifiable.

(F) the ability to make frequent legal changes in the registration markings assigned to aircraft.

(G) the use of false registration markings on aircraft.

(H) the illegal use of "reserved" registration markings on aircraft.

(I) the large number of aircraft classified as being in "self-reported status".

(J) the lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft.

(K) the practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.


(d) Regulations.—(1) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out this section and provide a written explanation of how the regulations address each of the deficiencies and abuses described in subsection (c) of this section. In prescribing the regulations, the Administrator of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and Border Protection, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.

(2) Regulations prescribed under this subsection shall require that—

(A) each individual listed in an application for registration of an aircraft provide with the application the individual's driver's license number; and

(B) each person (not an individual) listed in an application for registration of an aircraft provide with the application the person's taxpayer identifying number.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44111(a) 49 App.:1303 (note). Nov. 11, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
44111(b) 49 App.:1401(h) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(h); added Nov. 11, 1988, Pub. L. 100–690, §7203(a), 102 Stat. 4424.
44111(c) 49 App.:1401(h) (last sentence).
44111(d) 49 App.:1401 (note). Nov. 18, 1988, Pub. L. 100–690, §7207(a), (b), 102 Stat. 4427.

In subsection (c)(3)(D), the words "corporations and others" are omitted as surplus.

In subsection (d)(1), the words "Not later than September 18, 1989" and "final" are omitted as obsolete. The words "Administrator of Drug Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092).


Statutory Notes and Related Subsidiaries

Change of Name

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (d)(1) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Drug Enforcement Status and Progress; Reports to Congress; Definitions

Pub. L. 100–690, title VII, §7207(d), (e), Nov. 18, 1988, 102 Stat. 4428, provided that:

"(d) Report.—Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988] and annually thereafter during the 5-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following:

"(1) The status of the rulemaking process, issuance of regulations, and implementation of regulations in accordance with this section [see subsec. (d) of this section].

"(2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in 'sale-reported status'.

"(3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft.

"(4) The status of establishing and collecting fees under section 313(f) of the Federal Aviation Act [see section 45302(b) of this title].

"(e) Definitions.—For purposes of this subtitle [subtitle E (§§7201–7214) of title VII of Pub. L. 100–690, see Tables for classification]—

"(1) Administrator.—The term 'Administrator' means the Administrator of the Federal Aviation Administration.

"(2) Aircraft.—The term 'aircraft' has the meaning such term has under section 101 of the Federal Aviation Act of 1958 [see section 40102 of this title]."

Information Coordination

Pub. L. 100–690, title VII, §7210, Nov. 18, 1988, 102 Stat. 4432, provided that: "Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988] and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following:

"(1) The progress made in establishing a process for provision of informational assistance by such Administration to officials of Federal, State, and local law enforcement agencies.

"(2) The progress made in establishing a process for effectively pursuing suspensions and revocations of certificates of registration and airman certificates in accordance with the amendments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act [Pub. L. 98–499, see Tables for classification], section 3401 of the Anti-Drug Abuse Act of 1986 [Pub. L. 99–570], and this subtitle [subtitle E (§§7201–7214) of title VII of Pub. L. 100–690].

"(3) The efforts of such Administration in assessing and defining the appropriate relationship of such Administration's informational assistance resources (including the El Paso Intelligence Center and the Law Enforcement Assistance Unit of the Aeronautical Center of such Administration).

"(4) The progress made in issuing guidelines on (A) the reporting of aviation sensitive drug-related information, and (B) the development, in coordination with the Drug Enforcement Administration of the Department of Justice and the United States Customs Service, of training and educational policies to assist employees of such Administration to better understand (i) the trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]), and (ii) the role of such Administration with respect to such trafficking.

"(5) The progress made in improving and expanding such Administration's role in the El Paso Intelligence Center."

Applicability of Paperwork Reduction Act

Pub. L. 100–690, title VII, §7211(b), Nov. 18, 1988, 102 Stat. 4433, provided that: "No information collection requests necessary to carry out the objectives of this subtitle [subtitle E (§§7201–7214) of title VI of Pub. L. 100–690, see Tables for classification] (including the amendments made by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States Code."

§44112. Limitation of liability

(a) Definitions.—In this section—

(1) "lessor" means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.

(2) "owner" means a person that owns a civil aircraft, aircraft engine, or propeller.

(3) "secured party" means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.


(b) Liability.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a civil aircraft, aircraft engine, or propeller is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of—

(1) the aircraft, engine, or propeller; or

(2) the flight of, or an object falling from, the aircraft, engine, or propeller.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167; Pub. L. 115–254, div. B, title V, §514, Oct. 5, 2018, 132 Stat. 3358.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44112 49 App.:1404. Aug. 23, 1958, Pub. L. 85–726, §504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, §2, 73 Stat. 180.

In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words "bona fide" are omitted as surplus. In clause (3), the word "nature" is omitted as surplus.

In subsection (b), before clause (1), the words "personal injury, death" are substituted for "any injury to or death of persons", and the words "on land or water" are substituted for "on the surface of the earth (whether on land or water)", to eliminate unnecessary words. In clause (2), the words "ascent, descent, or" and "dropping or" are omitted as surplus.


Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out "on land or water" before "only when" and inserted "operational" before "control".

§44113. Definitions

In this chapter, the following definitions apply:

(1) Cape town treaty.—The term "Cape Town Treaty" means the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003.

(2) United states entry point.—The term "United States Entry Point" means the Federal Aviation Administration Civil Aviation Registry.

(3) International registry.—The term "International Registry" means the registry established under the Cape Town Treaty.

(Added Pub. L. 108–297, §6(a), Aug. 9, 2004, 118 Stat. 1097.)


Statutory Notes and Related Subsidiaries

Effective Date

Section effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as an Effective Date of 2004 Amendment note under section 44101 of this title.

§44114. Privacy

(a) In General.—Notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator of the Federal Aviation Administration shall establish and update as necessary a process by which, upon request of a private aircraft owner or operator, the Administrator withholds the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any broad dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) for the noncommercial flights of the owner or operator.

(b) Withholding Personally Identifiable Information on the Aircraft Registry.—Not later than 2 years after the enactment of this Act and notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from broad dissemination or display by the FAA (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) the personally identifiable information of such individual, including on a publicly available website of the FAA.

(c) ICAO Aircraft Identification Code.—

(1) In general.—The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.

(2) Limitations.—In carrying out the program described in paragraph (1), the Administrator shall require—

(A) each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and

(B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft's registration number and N–Number to reflect such aircraft's new ICAO aircraft identification code.


(d) Definitions.—In this section:

(1) ADS–B.—The term "ADS–B" means automatic dependent surveillance-broadcast.

(2) ICAO.—The term "ICAO" means the International Civil Aviation Organization.

(3) Personally identifiable information.—The term "personally identifiable information" means—

(A) the mailing address or registration address of an individual;

(B) an electronic address (including an email address) of an individual; or 1

(C) the telephone number of an individual.1

(D) the names of the aircraft owner or operator, if the owner or operator is an individual.

(Added Pub. L. 118–63, title VIII, §803(a), May 16, 2024, 138 Stat. 1321.)


Editorial Notes

References in Text

The enactment of this Act, referred to in subsec. (b), probably means the enactment of Pub. L. 118–63, which enacted this section and was approved May 16, 2024.

Prior Provisions

Provisions similar to those in subsec. (a) of this section were contained in Pub. L. 115–254, div. B, title V, §566, Oct. 5, 2018, 132 Stat. 3385, which was set out as a note under section 44103 of this title prior to repeal by Pub. L. 118–63, title VIII, §803(c), May 16, 2024, 138 Stat. 1322.

1 So in original.

CHAPTER 443—INSURANCE

Sec.
44301.
Definitions.
44302.
General authority.
44302a.
Temporary insurance.
44303.
Coverage.
44304.
Reinsurance.
44305.
Insuring United States Government property.
44306.
Premiums and limitations on coverage and claims.
44307.
Revolving fund.
44308.
Administrative.
44309.
Civil actions.
44310.
Ending effective date.

        

Editorial Notes

Amendments

2022Pub. L. 117–328, div. Q, §103(c), Dec. 29, 2022, 136 Stat. 5252, added item 44302a.

§44301. Definitions

In this chapter—

(1) "aircraft manufacturer" means any company or other business entity, the majority ownership and control of which is by United States citizens, that manufactures aircraft or aircraft engines.

(2) "American aircraft" means—

(A) a civil aircraft of the United States; and

(B) an aircraft owned or chartered by, or made available to—

(i) the United States Government; or

(ii) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of the State, territory, or possession.


(3) "insurance carrier" means a person authorized to do aviation insurance business in a State, including a mutual or stock insurance company and a reciprocal insurance association.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 108–176, title I, §106(a)(2), Dec. 12, 2003, 117 Stat. 2498.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44301 49 App.:1531. Aug. 23, 1958, Pub. L. 85–726, §1301, 72 Stat. 800; restated Nov. 9, 1977, Pub. L. 95–163, §1(a), 91 Stat. 1278.

In this section, the text of 49 App.:1531(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.

In clause (1)(B)(i), the words "United States Government" are substituted for "United States or any department or agency thereof" for consistency in the revised title and with other titles of the United States Code.

In clause (1)(B)(ii), the words "the government of" are omitted for consistency in the revised title.

In clause (2), the words "insurance company" are omitted as being included in "insurance carrier". The words "means a person" are added because they are inclusive. The words "group or association" are omitted as being included in "person". The word "State" is substituted for "State of the United States" to eliminate unnecessary words.


Editorial Notes

Amendments

2003Pub. L. 108–176 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.


Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

§44302. General authority

(a) Insurance and Reinsurance.—(1) Subject to subsection (c) of this section and section 44305(a) of this title, the Secretary of Transportation may provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.

(2) An aircraft may be insured or reinsured for not more than its reasonable value as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. Insurance or reinsurance may be provided only when the Secretary decides that the insurance cannot be obtained on reasonable terms from an insurance carrier.

(b) Reimbursement of Insurance Cost Increases.—

(1) In general.—The Secretary may reimburse an air carrier for the increase in the cost of insurance, with respect to a premium for coverage ending before October 1, 2002, against loss or damage arising out of any risk from the operation of an American aircraft over the insurance premium that was in effect for a comparable operation during the period beginning September 4, 2001, and ending September 10, 2001, as the Secretary may determine. Such reimbursement is subject to subsections (a)(2), (c), and (d) of this section and to section 44303.

(2) Payment from revolving fund.—A reimbursement under this subsection shall be paid from the revolving fund established by section 44307.

(3) Further conditions.—The Secretary may impose such further conditions on insurance for which the increase in premium is subject to reimbursement under this subsection as the Secretary may deem appropriate in the interest of air commerce.

(4) Termination of authority.—The authority to reimburse air carriers under this subsection shall expire 180 days after the date of enactment of this paragraph.


(c) Presidential Approval.—The Secretary may provide insurance or reinsurance under subsection (a) of this section, or reimburse an air carrier under subsection (b) of this section, only with the approval of the President. The President may approve the insurance or reinsurance or the reimbursement only after deciding that the continued operation of the American aircraft or foreign-flag aircraft to be insured or reinsured is necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States Government.

(d) Consultation.—The President may require the Secretary to consult with interested departments, agencies, and instrumentalities of the Government before providing insurance or reinsurance or reimbursing an air carrier under this chapter.

(e) Additional Insurance.—With the approval of the Secretary, a person having an insurable interest in an aircraft may insure with other underwriters in an amount that is more than the amount insured with the Secretary. However, the Secretary may not benefit from the additional insurance. This subsection does not prevent the Secretary from making contracts of coinsurance.

(f) Extension of Policies.—

(1) In general.—The Secretary shall extend through December 11, 2014, the termination date of any insurance policy that the Department of Transportation issued to an air carrier under subsection (a) and that is in effect on the date of enactment of this subsection on no less favorable terms to the air carrier than existed on June 19, 2002; except that the Secretary shall amend the insurance policy, subject to such terms and conditions as the Secretary may prescribe, to add coverage for losses or injuries to aircraft hulls, passengers, and crew at the limits carried by air carriers for such losses and injuries as of such date of enactment and at an additional premium comparable to the premium charged for third-party casualty coverage under such policy.

(2) Special rules.—Notwithstanding paragraph (1)—

(A) in no event shall the total premium paid by the air carrier for the policy, as amended, be more than twice the premium that the air carrier was paying to the Department of Transportation for its third party policy as of June 19, 2002; and

(B) the coverage in such policy shall begin with the first dollar of any covered loss that is incurred.


(g) Aircraft Manufacturers.—

(1) In general.—The Secretary may provide to an aircraft manufacturer insurance for loss or damage resulting from operation of an aircraft by an air carrier and involving war or terrorism.

(2) Amount.—Insurance provided by the Secretary under this subsection shall be for loss or damage in excess of the greater of the amount of available primary insurance or $50,000,000.

(3) Terms and conditions.—Insurance provided by the Secretary under this subsection shall be subject to the terms and conditions set forth in this chapter and such other terms and conditions as the Secretary may prescribe.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 105–137, §2(a), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(a), Sept. 22, 2001, 115 Stat. 234; Pub. L. 107–296, title XII, §1202, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(a), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(1), Dec. 12, 2003, 117 Stat. 2498; Pub. L. 108–447, div. H, title I, §106(a), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(a), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(a), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)(6), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(c), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(c), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title I, §114(a), Dec. 16, 2009, 123 Stat. 3042; Pub. L. 111–153, §5(b), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(b), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(c), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(b), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(c), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(c), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title VII, §701, Feb. 14, 2012, 126 Stat. 118; Pub. L. 113–46, div. A, §152, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–76, div. L, title I, §119E(a), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(a), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(a), Dec. 16, 2014, 128 Stat. 2767.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44302(a) 49 App.:1532(a)(1) (less words between 1st and 3d commas), (3). Aug. 23, 1958, Pub. L. 85–726, §1302(a), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §2, 91 Stat. 1278; Oct. 31, 1992, Pub. L. 102–581, §401(b), 106 Stat. 4897.
  49 App.:1537(a) (last sentence words between 2d and 3d commas). Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last sentence words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98–443, §9(b), 98 Stat. 1706.
44302(b) 49 App.:1532(a)(1) (words between 1st and 2d commas), (2).
44302(c) 49 App.:1532(a)(1) (words between 2d and 3d commas).
44302(d) 49 App.:1541. Aug. 23, 1958, Pub. L. 85–726, §1311, 72 Stat. 806.

In subsection (a)(1), before clause (A), the words "Subject to subsection (b) of this section" are added, and the words "American aircraft or foreign-flag aircraft" are substituted for "aircraft" in 49 App.:1532(a), for clarity. The words "in the manner and to the extent provided by this subchapter" are omitted as unnecessary. The words "Insurance shall be issued under this subchapter only to cover any risk from the operation of an aircraft . . . such aircraft is" are omitted because of the restatement. In clause (B), the word "places" is substituted for "points" for consistency in the revised title.

In subsection (a)(2), the words "An aircraft may be insured or reinsured for not more than" are substituted for "and such stated amount shall not exceed" in 49 App.:1537(a) for clarity and because of the restatement. The words "its reasonable value" are substituted for "an amount . . . to represent the fair and reasonable value of the aircraft" to eliminate unnecessary words. The words "Insurance or reinsurance may be provided only" are added because of the restatement. The word "conditions" is omitted as being included in "terms".

In subsection (b), the words "The Secretary may provide insurance or reinsurance under subsection (a) of this section only with the approval of the President" are substituted for "with the approval of the President" for clarity and because of the restatement. The words "The President may" are substituted for "The President shall" because the authority of the President is discretionary.

In subsection (c), the words "the Secretary to consult . . . before providing insurance or reinsurance under this chapter" are substituted for "and after such consultation . . . as" because of the restatement. The words "departments, agencies, and instrumentalities" are substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

In subsection (d), the words "However, the Secretary may not benefit from the additional insurance" are substituted for "in that event, the Secretary shall not be entitled to the benefit of such insurance" for clarity.


Editorial Notes

References in Text

The date of enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 107–42, which was approved Sept. 22, 2001.

The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 107–296, which was approved Nov. 25, 2002.

Amendments

2014—Subsec. (f)(1). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015".

Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30, 2014".

Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".

2013—Subsec. (f)(1). Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "September 30, 2013, and may extend through December 31, 2013".

2012—Subsec. (f)(1). Pub. L. 112–95 substituted "shall extend through September 30, 2013, and may extend through December 31, 2013, the termination date" for "shall extend through February 17, 2012, and may extend through May 17, 2012, the termination date".

Pub. L. 112–91 substituted "February 17, 2012," for "January 31, 2012," and "May 17, 2012," for "April 30, 2012,".

2011—Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".

Pub. L. 112–27 substituted "September 16, 2011," for "July 22, 2011," and "December 31, 2011," for "October 31, 2011,".

Pub. L. 112–21 substituted "July 22, 2011," for "June 30, 2011," and "October 31, 2011," for "September 30, 2011,".

Pub. L. 112–16 substituted "June 30, 2011," for "May 31, 2011," and "September 30, 2011," for "August 31, 2011,".

Pub. L. 112–7 substituted "May 31, 2011," for "March 31, 2011," and "August 31, 2011," for "June 30, 2011,".

2010—Subsec. (f)(1). Pub. L. 111–329, §5(b), substituted "March 31, 2011," for "December 31, 2010," and "June 30, 2011," for "March 31, 2011,".

Pub. L. 111–249 substituted "December 31, 2010," for "September 30, 2010," and "March 31, 2011," for "December 31, 2010,".

Pub. L. 111–216 substituted "September 30, 2010," for "August 1, 2010," and "December 31, 2010," for "October 31, 2010,".

Pub. L. 111–197 substituted "August 1, 2010," for "July 3, 2010," and "October 31, 2010," for "September 30, 2010,".

Pub. L. 111–161 substituted "July 3, 2010," for "April 30, 2010," and "September 30, 2010," for "July 31, 2010,".

Pub. L. 111–153 substituted "April 30, 2010," for "March 31, 2010," and "July 31, 2010," for "June 30, 2010,".

2009—Subsec. (f)(1). Pub. L. 111–117, which directed the substitution of "September 30, 2010," for "September 30, 2009," and "December 31, 2010," for "December 31, 2009,", could not be executed because of the intervening amendment by Pub. L. 111–69. See below.

Pub. L. 111–116 substituted "March 31, 2010," for "December 31, 2009," and "June 30, 2010," for "March 31, 2010,".

Pub. L. 111–69 substituted "December 31, 2009," for "September 30, 2009," and "March 31, 2010," for "December 31, 2009,".

Pub. L. 111–12 substituted "September 30, 2009," for "March 31, 2009," and "December 31, 2009," for "May 31, 2009,".

2008—Subsec. (f)(1). Pub. L. 110–330 substituted "March 31, 2009," for "November 30, 2008," and "May 31, 2009," for "December 31, 2008,".

Pub. L. 110–253 substituted "November 30, 2008" for "August 31, 2008".

2007—Subsec. (f)(1). Pub. L. 110–161 substituted "2008" for "2006" in two places.

2005—Subsec. (f)(1). Pub. L. 109–115 substituted "2006" for "2005" in two places.

2004—Subsec. (f)(1). Pub. L. 108–447 substituted "2005" for "2004" in two places.

2003—Subsec. (f)(1). Pub. L. 108–11, substituted "2004" for "2003" in two places.

Subsec. (g). Pub. L. 108–176 added subsec. (g).

2002—Subsec. (f). Pub. L. 107–296 added subsec. (f).

2001—Subsec. (a)(1). Pub. L. 107–42, §201(a)(1), substituted "subsection (c)" for "subsection (b)" and "foreign-flag aircraft." for "foreign-flag aircraft—" and struck out subpars. (A) and (B) which read as follows:

"(A) in foreign air commerce; or

"(B) between at least 2 places, all of which are outside the United States."

Subsec. (b). Pub. L. 107–42, §201(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107–42, §201(a)(2), (4), redesignated subsec. (b) as (c), in first sentence inserted ", or reimburse an air carrier under subsection (b) of this section," before "only with the approval", and in second sentence inserted "or the reimbursement" before "only after deciding" and "in the interest of air commerce or national security or" before "to carry out the foreign policy". Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 107–42, §201(a)(2), (5), redesignated subsec. (c) as (d) and inserted "or reimbursing an air carrier" before "under this chapter". Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 107–42, §201(a)(2), redesignated subsec. (d) as (e).

1997—Subsec. (a)(2). Pub. L. 105–137 substituted "as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry." for "as determined by the Secretary."


Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.

Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Extension of Termination Date of Policies

Pub. L. 109–289, div. B, title II, §21002(a), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 47, provided that subsec. (f)(1) of this section would be applied by substituting "September 30, 2007" for "August 31, 2006, and may extend through December 31, 2006".


Executive Documents

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service

Determination of President of the United States, No. 94–39, July 26, 1994, 59 F.R. 38551, provided:

By virtue of the authority vested in me by the Constitution and laws of the United States, including 3 U.S.C. 301 and 49 U.S.C. 44302, I hereby:

(1) determine that continuation of authorized humanitarian relief air services to Haiti is necessary to carry out the foreign policy of the United States;

(2) approve provision by the Secretary of Transportation of insurance against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided in 49 U.S.C. 44301–44310, whenever he determines that such insurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United States;

(3) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44302(b) [now 44302(c)], for purposes of responding to the current crisis in Haiti; and

(4) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44306(b) [now 44306(c)] for purposes of responding to the current crisis in Haiti.

The Secretary of Transportation is directed to bring this determination immediately to the attention of all air carriers within the meaning of 49 U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.

William J. Clinton.      

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and International Operations

Memorandum for the Secretary of Transportation

Memorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, provided:

By the authority vested in me as President by the Constitution and the laws of the United States, including 49 U.S.C. 44301–44310, I hereby:

1. Determine that the continuation of U.S. air transportation is necessary in the interest of air commerce, national security, and the foreign policy of the United States.

2. Approve provision by the Secretary of Transportation of insurance or reinsurance to U.S.-certificated air carriers against loss or damage arising out of any risk from the operation of an aircraft, in the manner and to the extent provided in chapter 443 of title 49, United States Code, until January 15, 2014, if he determines that such insurance or reinsurance cannot be obtained on reasonable terms from any company authorized to conduct an insurance business in a State of the United States.

3. Delegate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c), to extend this approval and determination through December 31, 2014, or until any date prior to December 31, 2014, provided that the Congress further extends the date contained in section 44310 and further provided that he not use this delegation to extend this determination and approval beyond the dates authorized under any such provision of law with an ending effective date prior to December 31, 2014.

You are directed to bring this determination immediately to the attention of all air carriers, as defined in 49 U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.

Barack Obama.      


Prior Presidential documents related to provision of insurance to U.S.-flag commercial air service were contained in the following:

Memorandum of President of the United States, Sept. 27, 2012, 77 F.R. 60035.

Memorandum of President of the United States, Sept. 28, 2011, 76 F.R. 61247.

Memorandum of President of the United States, Sept. 29, 2010, 75 F.R. 61033.

Memorandum of President of the United States, Aug. 21, 2009, 74 F.R. 43617.

Memorandum of President of the United States, Dec. 23, 2008, 73 F.R. 79589.

Memorandum of President of the United States, Dec. 27, 2007, 73 F.R. 1813.

Memorandum of President of the United States, Dec. 21, 2006, 71 F.R. 77243.

Memorandum of President of the United States, Dec. 22, 2005, 70 F.R. 76669.

Determination of President of the United States, No. 2005–15, Dec. 21, 2004, 69 F.R. 77607.

Determination of President of the United States, No. 2004–13, Dec. 11, 2003, 69 F.R. 5237.

Determination of President of the United States, No. 01–29, Sept. 23, 2001, 66 F.R. 49075.

§44302a. Temporary insurance

(a) In General.—The Secretary may provide insurance or reinsurance under this section to or for an air carrier for 1 coverage period not to exceed 90 days. Except as otherwise provided in this section, such insurance or reinsurance shall be subject to the requirements of this chapter.

(b) Restrictions.—A policy for insurance or reinsurance issued under this section—

(1) may not be issued unless the insurance carrier of the air carrier has unilaterally terminated the air carrier's war risk liability coverage pursuant to—

(A) notice under the policy;

(B) an endorsement to the policy; or

(C) an automatic termination provision in the policy or any endorsement thereto; and


(2) may cover hull, comprehensive, and third party liability risks.


(c) Premium.—A premium for insurance or reinsurance provided under this section shall be calculated based on a prorated amount equivalent to the premium that was in effect under the terminated insurance carrier policy.

(d) Approval.—A policy for insurance or reinsurance provided under this section—

(1) shall be exempt from the requirements of section 44302(c); and

(2) may provide coverage to the extent allowed under section 44303, as determined by the Secretary, notwithstanding any determination by the President in subsection (a)(1) of such section.

(Added Pub. L. 117–328, div. Q, §103(a), Dec. 29, 2022, 136 Stat. 5252.)

§44303. Coverage

(a) In General.—The Secretary of Transportation may provide insurance and reinsurance, or reimburse insurance costs, as authorized under sections 44302 and 44302a of this title for the following:

(1) an American aircraft or foreign-flag aircraft engaged in aircraft operations the President decides are necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States Government.

(2) property transported or to be transported on aircraft referred to in clause (1) of this section, including—

(A) shipments by express or registered mail;

(B) property owned by citizens or residents of the United States;

(C) property—

(i) imported to, or exported from, the United States; and

(ii) bought or sold by a citizen or resident of the United States under a contract putting the risk of loss or obligation to provide insurance against risk of loss on the citizen or resident; and


(D) property transported between—

(i) a place in a State or the District of Columbia and a place in a territory or possession of the United States;

(ii) a place in a territory or possession of the United States and a place in another territory or possession of the United States; or

(iii) 2 places in the same territory or possession of the United States.


(3) the personal effects and baggage of officers and members of the crew of an aircraft referred to in clause (1) of this section and of other individuals employed or transported on that aircraft.

(4) officers and members of the crew of an aircraft referred to in clause (1) of this section and other individuals employed or transported on that aircraft against loss of life, injury, or detention.

(5) statutory or contractual obligations or other liabilities, customarily covered by insurance, of an aircraft referred to in clause (1) of this section or of the owner or operator of that aircraft.

(6) loss or damage of an aircraft manufacturer resulting from operation of an aircraft by an air carrier and involving war or terrorism.


(b) Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism.—For acts of terrorism committed on or to an air carrier during the period beginning on September 22, 2001, and ending on December 11, 2014, the Secretary may certify that the air carrier was a victim of an act of terrorism and in the Secretary's judgment, based on the Secretary's analysis and conclusions regarding the facts and circumstances of each case, shall not be responsible for losses suffered by third parties (as referred to in section 205.5(b)(1) of title 14, Code of Federal Regulations) that exceed $100,000,000, in the aggregate, for all claims by such parties arising out of such act. If the Secretary so certifies, the air carrier shall not be liable for an amount that exceeds $100,000,000, in the aggregate, for all claims by such parties arising out of such act, and the Government shall be responsible for any liability above such amount. No punitive damages may be awarded against an air carrier (or the Government taking responsibility for an air carrier under this subsection) under a cause of action arising out of such act. The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air carrier involved.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(b)(1), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–296, title XII, §1201, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(b), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(3), (b), Dec. 12, 2003, 117 Stat. 2499; Pub. L. 108–447, div. H, title I, §106(b), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(b), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(b), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)(7), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(d), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(c), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(d), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(c), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title I, §114(b), Dec. 16, 2009, 123 Stat. 3043; Pub. L. 111–153, §5(c), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(c), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(c), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(c), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(d), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(c), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(c), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(c), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(c), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(c), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(d), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(d), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title VII, §702, Feb. 14, 2012, 126 Stat. 118; Pub. L. 113–46, div. A, §153, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–76, div. L, title I, §119E(b), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(b), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(b), Dec. 16, 2014, 128 Stat. 2767; Pub. L. 117–328, div. Q, §103(b)(1), Dec. 29, 2022, 136 Stat. 5252.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44303 49 App.:1533. Aug. 23, 1958, Pub. L. 85–726, §1303, 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §3, 91 Stat. 1279.

In this section, before clause (1), the words "persons, property, or interest" are omitted as unnecessary. In clause (2), the word "property" is substituted for "Cargoes" and "air cargoes" for consistency in the revised title. In clause (2)(B) and (C), the words "its territories, or possessions" are omitted as unnecessary because of the definition of "United States" in section 40102(a) of the revised title. In clause (2)(C)(ii), the word "contract" is substituted for "contracts of sale or purchase", and the words "putting . . . on" are substituted for "is assumed by or falls upon", to eliminate unnecessary words. In clause (2)(D), the word "place" is substituted for "point" for consistency in the revised title. In subclause (i), the words "a State or the District of Columbia" are substituted for "the United States" for clarity and consistency because the definition of "United States" in section 40102(a) of the revised title is too broad for the context of the clause. The definition in section 40102(a) includes territories and possession and would therefore overlap with subclauses (ii) and (iii). In subclause (iii), the words "2 places in the same territory or possession of the United States" are substituted for "any point in any such territory or possession and any other point in the same territory or possession" for clarity. In clauses (3) and (4), the word "individuals" is substituted for "persons" as being more appropriate. The words "captains" and "pilots" are omitted as being included in "officers and members of the crew".


Editorial Notes

Codification

The text of section 201(b)(2) of Pub. L. 107–42, which was transferred and redesignated so as to appear as subsec. (b) of this section and amended by Pub. L. 107–296, was based on Pub. L. 107–42, title II, §201(b)(2), Sept. 22, 2001, 115 Stat. 235, formerly included in a note set out under section 40101 of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–328 substituted "sections 44302 and 44302a" for "section 44302" in introductory provisions.

2014—Subsec. (b). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015".

Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30, 2014".

Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".

2013—Subsec. (b). Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "December 31, 2013".

2012—Subsec. (b). Pub. L. 112–95 substituted "ending on December 31, 2013, the Secretary may certify" for "ending on May 17, 2012, the Secretary may certify".

Pub. L. 112–91 substituted "May 17, 2012," for "April 30, 2012,".

2011—Subsec. (b). Pub. L. 112–30 substituted "April 30, 2012," for "December 31, 2011,".

Pub. L. 112–27 substituted "December 31, 2011," for "October 31, 2011,".

Pub. L. 112–21 substituted "October 31, 2011," for "September 30, 2011,".

Pub. L. 112–16 substituted "September 30, 2011," for "August 31, 2011,".

Pub. L. 112–7 substituted "August 31, 2011," for "June 30, 2011,".

2010—Subsec. (b). Pub. L. 111–329 substituted "June 30, 2011," for "March 31, 2011,".

Pub. L. 111–249 substituted "March 31, 2011," for "December 31, 2010,".

Pub. L. 111–216 substituted "December 31, 2010," for "October 31, 2010,".

Pub. L. 111–197 substituted "October 31, 2010," for "September 30, 2010,".

Pub. L. 111–161 substituted "September 30, 2010," for "July 31, 2010,".

Pub. L. 111–153 substituted "July 31, 2010," for "June 30, 2010,".

2009—Subsec. (b). Pub. L. 111–117, which directed the substitution of "December 31, 2010," for "December 31, 2009,", could not be executed due to the intervening amendment by Pub. L. 111–69. See below.

Pub. L. 111–116 substituted "June 30, 2010," for "March 31, 2010,".

Pub. L. 111–69 substituted "March 31, 2010," for "December 31, 2009,".

Pub. L. 111–12 substituted "December 31, 2009," for "May 31, 2009,".

2008—Subsec. (b). Pub. L. 110–330 substituted "May 31, 2009," for "March 31, 2009,".

Pub. L. 110–253 substituted "March 31, 2009" for "December 31, 2008".

2007—Subsec. (b). Pub. L. 110–161 substituted "2008," for "2006,".

2005—Subsec. (b). Pub. L. 109–115 substituted "2006" for "2005".

2004—Subsec. (b). Pub. L. 108–447 substituted "2005" for "2004'.

2003—Subsec. (a). Pub. L. 108–176, §106(a)(3)(A), substituted "In General" for "In general" in heading.

Subsec. (a)(6). Pub. L. 108–176, §106(a)(3)(B), added par. (6).

Subsec. (b). Pub. L. 108–176, §106(b), inserted at end "The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air carrier involved."

Pub. L. 108–11 substituted "2004" for "2003".

2002Pub. L. 107–296 designated existing provisions as subsec. (a), inserted heading, transferred and redesignated the text of section 201(b)(2) of Pub. L. 107–42 so as to appear as subsec. (b), in heading substituted "Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism" for "Discretion of the Secretary", and in text substituted "the period beginning on September 22, 2001, and ending on December 31, 2003, the Secretary" for "the 180-day period following the date of enactment of this Act, the Secretary of Transportation" and "this subsection" for "this paragraph". See Codification note above.

2001Pub. L. 107–42, §201(b)(1)(A), inserted ", or reimburse insurance costs, as" after "insurance and reinsurance" in introductory provisions.

Par. (1). Pub. L. 107–42, §201(b)(1)(B), inserted "in the interest of air commerce or national security or" before "to carry out the foreign policy".


Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.

Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.

Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.

Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Extension of Limitation of Air Carrier Liability

Pub. L. 109–289, div. B, title II, §21002(b), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 48, provided that subsec. (b) of this section would be applied by substituting "September 30, 2007" for "December 31, 2006".

§44304. Reinsurance

To the extent the Secretary of Transportation is authorized to provide insurance under this chapter, the Secretary may reinsure any part of the insurance provided by an insurance carrier. The Secretary may reinsure with, transfer to, or transfer back to, any insurance carrier any insurance or reinsurance provided by the Secretary under this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(c), Sept. 22, 2001, 115 Stat. 235; Pub. L. 112–95, title VII, §703, Feb. 14, 2012, 126 Stat. 118.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44304(a) 49 App.:1535(a). Aug. 23, 1958, Pub. L. 85–726, §1305, 72 Stat. 802; Nov. 9, 1977, Pub. L. 95–163, §4(a), 91 Stat. 1279.
44304(b) 49 App.:1535(b).

In subsection (a), the words "may reinsure any part of the insurance provided by an insurance carrier" are substituted for "may reinsure, in whole or in part, any company authorized to do an insurance business" for clarity and consistency with source provisions restated in this subchapter and the definition of "insurance carrier" in section 44301 of the revised title. The words "transfer to, or transfer back to" are substituted for "cede or retrocede to" for clarity.

In subsection (b), the word "same" is omitted as being included in "similar". The words "on account of the cost of" are omitted as surplus. The word "providing" is substituted for "rendered" and "furnished" because it is inclusive. The words "except for" are substituted for "but such allowance to the carrier shall not provide for" to eliminate unnecessary words.


Editorial Notes

Amendments

2012Pub. L. 112–95 substituted "any insurance carrier" for "the carrier".

2001Pub. L. 107–42 struck out subsec. (a) designation and heading "General Authority" and struck out subsec. (b) which read as follows:

"(b) Premium Levels.—The Secretary may provide reinsurance at premiums not less than, or obtain reinsurance at premiums not higher than, the premiums the Secretary establishes on similar risks or the premiums the insurance carrier charges for the insurance to be reinsured by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practice, except for payments by the carrier for the stimulation or solicitation of insurance business."

§44305. Insuring United States Government property

(a) General.—With the approval of the President, a department, agency, or instrumentality of the United States Government may obtain—

(1) insurance under this chapter, including insurance for risks from operating an aircraft in intrastate or interstate air commerce, but not including insurance on valuables subject to sections 17302 and 17303 of title 40; and

(2) insurance for risks arising from providing goods or services directly related to and necessary for operating an aircraft covered by insurance obtained under clause (1) of this subsection if the aircraft is operated—

(A) in carrying out a contract of the department, agency, or instrumentality; or

(B) to transport military forces or materiel on behalf of the United States under an agreement between the Government and the government of a foreign country.


(b) Premium Waivers and Indemnification.—With the approval required under subsection (a) of this section, the Secretary of Transportation may provide the insurance without premium at the request of the Secretary of Defense or the head of a department, agency, or instrumentality designated by the President when the Secretary of Defense or the designated head agrees to indemnify the Secretary of Transportation against all losses covered by the insurance. The Secretary of Defense and any designated head may make indemnity agreements with the Secretary of Transportation under this section. If such an agreement is countersigned by the President or the President's designee, the agreement shall constitute, for purposes of section 44302(c), a determination that continuation of the aircraft operations to which the agreement applies is necessary to carry out the foreign policy of the United States.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §3, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(e), Sept. 22, 2001, 115 Stat. 236; Pub. L. 107–217, §3(n)(6), Aug. 21, 2002, 116 Stat. 1303.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44305 49 App.:1534. Aug. 23, 1958, Pub. L. 85–726, §1304, 72 Stat. 802; Oct. 31, 1992, Pub. L. 102–581, §401(a), 106 Stat. 4897.

In this section, the words "a department, agency, or instrumentality" are substituted for "Any department or agency" for clarity and consistency in the revised title and with other titles of the United States Code.

In subsection (a)(1), the words "obtain insurance under this chapter" are substituted for "procure from the Secretary any of the insurance provided under this subchapter" to eliminate unnecessary words. The words "overseas air commerce" are omitted for the reasons given in the revision note for section 40101.

In subsection (b), the words "or the head of a department, agency, or instrumentality designated by the President" are substituted for "and such other agencies as the President may prescribe" as being more precise and for consistency in the revised title. The words "when the Secretary of Defense or the designated head agrees" are substituted for "in consideration of" for clarity. The words "any designated head" are substituted for "the agreement of . . . such agency" and "such other agencies" for clarity and because of the restatement.


Editorial Notes

Amendments

2002—Subsec. (a)(1). Pub. L. 107–217 substituted "sections 17302 and 17303 of title 40" for "sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)".

2001—Subsec. (b). Pub. L. 107–42 substituted "44302(c)" for "44302(b)".

1997—Subsec. (b). Pub. L. 105–137 inserted at end "If such an agreement is countersigned by the President or the President's designee, the agreement shall constitute, for purposes of section 44302(b), a determination that continuation of the aircraft operations to which the agreement applies is necessary to carry out the foreign policy of the United States."

§44306. Premiums and limitations on coverage and claims

(a) Premiums Based on Risk.—To the extent practical, the premium charged for insurance or reinsurance under this chapter shall be based on consideration of the risk involved.

(b) Allowances in Setting Premium Rates for Reinsurance.—In setting premium rates for reinsurance, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practices, except for payments by the insurance carrier for the stimulation or solicitation of insurance business.

(c) Time Limits.—The Secretary of Transportation may provide insurance and reinsurance under this chapter for a period of not more than 1 year. The period may be extended for additional periods of not more than 1 year each only if the President decides, before each additional period, that the continued operation of the aircraft to be insured or reinsured is necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States Government.

(d) Maximum Insured Amount.—The insurance policy on an aircraft insured or reinsured under this chapter shall specify a stated amount that is not more than the value of the aircraft, as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. A claim under the policy may not be paid for more than that stated amount.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §2(b), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(d), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–71, title I, §§124(b), 147, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287; Pub. L. 108–176, title I, §106(c), (e), Dec. 12, 2003, 117 Stat. 2499.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44306(a) 49 App.:1532(b). Aug. 23, 1958, Pub. L. 85–726, §1302(b), (c), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §2, 91 Stat. 1279.
44306(b) 49 App.:1532(c).
44306(c) 49 App.:1537(a) (last sentence less words between 2d and 3d commas). Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last sentence less words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98–443, §9(b), 98 Stat. 1706.

In subsection (a), the words "To the extent" are substituted for "insofar as" for consistency.

In subsection (b), the word "initial" is omitted as surplus. The words "The period" are substituted for "Such insurance or reinsurance", and the words "the President decides . . . that the continued operation of the aircraft to be insured or reinsured is necessary to carry out the foreign policy of the United States Government" are substituted for "the President makes the same determination with respect to such extension as he is required to make under paragraph (2) of subsection (a) of this section for the initial provision of such insurance or reinsurance", for clarity.

In subsection (c), the words "or reinsured" are added for consistency. The words "to be paid in the event of total loss" are omitted as unnecessary because of the last sentence. The words "A claim under the policy may not be paid for more than that stated amount" are substituted for "the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount" to eliminate unnecessary words.


Editorial Notes

Amendments

2003—Subsec. (b). Pub. L. 108–176, §106(c), substituted "by the insurance carrier" for "by the air carrier".

Subsec. (c). Pub. L. 108–176, §106(e), made technical correction to directory language of Pub. L. 107–71, §124(b). See 2001 Amendment note below.

2002—Subsec. (c). Pub. L. 107–296 made technical correction to directory language of Pub. L. 107–71, §147. See 2001 Amendment note below.

2001—Subsec. (b). Pub. L. 107–42, §201(d)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub.L. 107–71, §147, as amended by Pub. L. 107–296, substituted "1 year" for "60 days" in two places.

Pub. L. 107–71, §124(b), as amended by Pub. L. 108–176, §106(e), inserted "in the interest of air commerce or national security or" before "to carry out the foreign policy".

Pub. L. 107–42, §201(d)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 107–42, §201(d)(1), redesignated subsec. (c) as (d).

1997—Subsec. (c). Pub. L. 105–137 substituted "as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry." for "as determined by the Secretary."


Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by section 106(c) of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Pub. L. 108–176, title I, §106(e), Dec. 12, 2003, 117 Stat. 2499, provided that the amendment made by section 106(e) is effective Nov. 19, 2001.

Effective Date of 2002 Amendment

Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287, provided that the amendment made by section 1203 is effective Nov. 19, 2001.

Delegation of Authority

Authority of President under subsec. (c) of this section delegated to Secretary of Transportation, with certain conditions, by Memorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, set out as a note under section 44302 of this title.

§44307. Revolving fund

(a) Existence, Disbursements, Appropriations, and Deposits.—(1) There is a revolving fund in the Treasury. The Secretary of the Treasury shall disburse from the fund payments to carry out this chapter.

(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The amounts appropriated and other amounts received in carrying out this chapter shall be deposited in the fund.

(b) Investment.—On request of the Secretary of Transportation, the Secretary of the Treasury may invest any part of the amounts in the revolving fund in interest-bearing securities of the United States Government. The interest on, and the proceeds from the sale or redemption of, the securities shall be deposited in the fund.

(c) Excess Amounts.—The balance in the revolving fund in excess of an amount the Secretary of Transportation determines is necessary for the requirements of the fund and for reasonable reserves to maintain the solvency of the fund shall be deposited at least annually in the Treasury as miscellaneous receipts.

(d) Expenses.—The Secretary of Transportation shall deposit annually an amount in the Treasury as miscellaneous receipts to cover the expenses the Government incurs when the Secretary of Transportation uses appropriated amounts in carrying out this chapter. The deposited amount shall equal an amount determined by multiplying the average monthly balance of appropriated amounts retained in the revolving fund by a percentage that is at least the current average rate payable on marketable obligations of the Government. The Secretary of the Treasury shall determine annually in advance the percentage applied.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44307(a) 49 App.:1536(a), (b). Aug. 23, 1958, Pub. L. 85–726, §1306(a)–(d), 72 Stat. 803.
44307(b) 49 App.:1536(f). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1306(f); added Aug. 9, 1975, Pub. L. 94–90, §1(a), 89 Stat. 439.
44307(c) 49 App.:1536(c).
44307(d) 49 App.:1536(d).

In subsection (a)(1), the first sentence is added for clarity. The last sentence is substituted for 49 App.:1536(a) (last sentence) to eliminate unnecessary words and for consistency in the revised title.

In subsection (a)(2), the words "The amounts appropriated and other amounts received in carrying out this chapter" are substituted for "Moneys appropriated by Congress to carry out the provisions of this subchapter and all moneys received from premiums, salvage, or other recoveries and all receipts in connection with this subchapter" to eliminate unnecessary words.

In subsection (b), the words "any part" are substituted for "all or any part" to eliminate unnecessary words. The words "held in the revolving fund" are omitted as surplus. The words "deposited in" are substituted for "credited to and form a part of" for consistency.

In subsection (d), the words "The Secretary of Transportation shall deposit annually an amount in the Treasury" are substituted for "Annual payments shall be made by the Secretary to the Treasury of the United States", the words "The deposited amount shall equal an amount determined by multiplying" are substituted for "These payments shall be computed by applying to", and the words "a percentage that is at least the current average rate payable on marketable obligations of the Government" are substituted for "a percentage" and "Such percentage shall not be less than the current average rate which the Treasury pays on its marketable obligations", for clarity.

§44308. Administrative

(a) Commercial Practices.—The Secretary of Transportation may carry out this chapter consistent with commercial practices of the aviation insurance business.

(b) Issuance of Policies and Disposition of Claims.—(1) The Secretary may issue insurance policies to carry out this chapter. The Secretary may prescribe the forms, amounts insured under the policies, and premiums charged. Any such policy may authorize the binding arbitration of claims made thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a loss to which such policy relates. The Secretary may change an amount of insurance or a premium for an existing policy only with the consent of the insured.

(2) For a claim under insurance authorized by this chapter, the Secretary may—

(A) settle and pay the claim made for or against the United States Government;

(B) pay the amount of a binding arbitration award made under paragraph (1); and

(C) pay the amount of a judgment entered against the Government.


(c) Underwriting Agent.—(1) The Secretary may, and when practical shall, employ an insurance carrier or group of insurance carriers to act as an underwriting agent. The Secretary may use the agent, or a claims adjuster who is independent of the underwriting agent, to adjust claims under this chapter, but claims may be paid only when approved by the Secretary.

(2) The Secretary may pay reasonable compensation to an underwriting agent for servicing insurance the agent writes for the Secretary. Compensation may include payment for reasonable expenses incurred by the agent but may not include a payment by the agent for stimulation or solicitation of insurance business.

(3) Except as provided by this subsection, the Secretary may not pay an insurance broker or other person acting in a similar capacity any consideration for arranging insurance when the Secretary directly insures any part of the risk.

(d) Budget.—The Secretary shall submit annually a budget program for carrying out this chapter as provided for wholly owned Government corporations under chapter 91 of title 31.

(e) Accounts.—The Secretary shall maintain a set of accounts for audit under chapter 35 of title 31. Notwithstanding chapter 35, the Comptroller General shall allow credit for expenditures under this chapter made consistent with commercial practices in the aviation insurance business when shown to be necessary because of the business activities authorized by this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1171; Pub. L. 104–316, title I, §127(e), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–137, §4, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 112–95, title VII, §704, Feb. 14, 2012, 126 Stat. 118.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44308(a) 49 App.:1537(c) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, §1307(a) (1st sentence), (c), (d), 72 Stat. 803, 804.
44308(b)(1) 49 App.:1537(a) (1st sentence words before 6th comma).
  49 App.:1537(b). Aug. 23, 1958, Pub. L. 85–726, §1307(b), 72 Stat. 804; Nov. 9, 1977, Pub. L. 95–163, §5(a), 91 Stat. 1280.
44308(b)(2) 49 App.:1537(a) (1st sentence words after 6th comma).
44308(c)(1) 49 App.:1537(d) (1st, 3d sentences).
44308(c)(2) 49 App.:1537(d) (2d, last sentences).
44308(c)(3) 49 App.:1537(c) (last sentence).
44308(d) 49 App.:1537(f) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, §1307(f), 72 Stat. 804; Jan. 2, 1975, Pub. L. 93–604, §702, 88 Stat. 1964.
44308(e) 49 App.:1537(f) (last sentence).

In subsection (a), the words "may carry out this chapter" are substituted for "in administering this subchapter, may exercise his powers, perform his duties and functions, and make his expenditures" to eliminate unnecessary words.

In subsection (b)(1), the word "insurance" is added for clarity. The words "rules, and regulations" are omitted as unnecessary because of 49:322(a). The words "as he deems proper" and "subject to the following provisions of this subsection" are omitted as surplus. The words "and change" and "fix, adjust, and change" are omitted as being included in "prescribe". The words "under the policies" are added for clarity. The word "charged" is substituted for "provided for in this subchapter" for consistency in this subchapter.

In subsection (b)(2), before clause (A), the words "the Secretary" are added because of the restatement. In clause (A), the words "adjust and . . . losses, compromise and" are omitted as included in "settle and pay the claim". The word "made" is substituted for "whether" for clarity. In clause (B), the word "entered" is substituted for "rendered" because it is more appropriate. The words "in any suit" are omitted as surplus. The words "or the amount of any settlement agreed upon" are omitted as being included in "settle and pay the claim".

In subsection (c)(1), the words "and when practical shall" are substituted for "and whenever he finds it practical to do so shall" to eliminate unnecessary words. The word "his" is omitted as surplus. The words "The Secretary may use" are substituted for "may be utilized" for consistency. The words "The services of" are omitted as unnecessary.

In subsection (c)(2), the words "pay reasonable compensation" are substituted for "allow . . . fair and reasonable compensation" for consistency in the revised title. The words "an underwriting agent" are substituted for "such companies or groups of companies", and the words "the agent writes" are substituted for "written by such companies or groups of companies as underwriting agent", for clarity. The word "payment" is substituted for "allowance" for consistency.

In subsection (c)(3), the words "intermediary" and "fee or other" are omitted as surplus. The word "for" is substituted for "by virtue of his participation in" to eliminate unnecessary words.

In subsection (d), the word "prepare" is omitted as being included in "submit". The words "for carrying out this chapter" are substituted for "in the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter" for consistency and to eliminate unnecessary words. The words "under chapter 91 of title 31" are substituted for "by the Government Corporation Control Act, as amended (59 Stat. 597; 31 U.S.C. 841)" in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067).

In subsection (e), the words "under chapter 35 of title 31" are substituted for "in accordance with the provisions of the Accounting and Auditing Act of 1950" in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067). The words "Provided, That . . . the Secretary may exercise the powers conferred in said subchapter, perform the duties and functions" are omitted as surplus. The words "Notwithstanding chapter 35" are added for clarity. The words "Comptroller General" are substituted for "General Accounting Office" because of 31:702.


Editorial Notes

Amendments

2012—Subsec. (c)(1). Pub. L. 112–95 substituted "agent, or a claims adjuster who is independent of the underwriting agent," for "agent" in second sentence.

1997—Subsec. (b)(1). Pub. L. 105–137, §4(a), inserted after second sentence "Any such policy may authorize the binding arbitration of claims made thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a loss to which such policy relates."

Subsec. (b)(2). Pub. L. 105–137, §4(b), struck out "and" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C).

1996—Subsec. (e). Pub. L. 104–316 substituted "for audit" for ". The Comptroller General shall audit those accounts".

§44309. Civil actions

(a) Losses.—

(1) Actions against united states.—A person may bring a civil action in a district court of the United States or in the United States Court of Federal Claims against the United States Government when—

(A) a loss insured under this chapter is in dispute; or

(B)(i) the person is subrogated under a contract between the person and a party insured under this chapter (other than section 44305(b)) to the rights of the insured party against the United States Government; and

(ii) the person has paid to the insured party, with the approval of the Secretary of Transportation, an amount for a physical damage loss that the Secretary has determined is a loss covered by insurance issued under this chapter (other than section 44305(b)).


(2) Limitation.—A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or employee of the Government carrying out this chapter. A civil action shall not be instituted against the United States under this chapter unless the claimant first presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the denial of such claim is sent by certified or registered mail.

(3) Procedure.—To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28, United States Code, applies to an action under this subsection.


(b) Venue and Joinder.—(1) A civil action under subsection (a) of this section may be brought in the judicial district for the District of Columbia or in the judicial district in which the plaintiff or the agent of the plaintiff resides if the plaintiff resides in the United States. If the plaintiff does not reside in the United States, the action may be brought in the judicial district for the District of Columbia or in the judicial district in which the Attorney General agrees to accept service.

(2) An interested person may be joined as a party to a civil action brought under subsection (a) of this section initially or on motion of either party to the action.

(c) Time Requirements.—(1) Except as provided under paragraph (2), an insurance claim made under this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after the date on which the loss event occurred. Any civil action arising out of the denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.

(2)(A) For claims based on liability to persons with whom the insured has no privity of contract, an insurance claim made under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation by not later than the earlier of—

(i) the date that is 60 days after the date on which final judgment is entered by a tribunal of competent jurisdiction; or

(ii) the date that is six years after the date on which the loss event occurred.


(B) Any civil action arising out of the denial of such claim shall be filed by not later than six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.

(3) A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to make a final disposition of the claim before the date that is 6 months after the date on which the claim is presented to the Secretary, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement.

(d) Interpleader.—(1) If the Secretary admits the Government owes money under an insurance claim under this chapter and there is a dispute about the person that is entitled to payment, the Government may bring a civil action of interpleader in a district court of the United States against the persons that may be entitled to payment. The action may be brought in the judicial district for the District of Columbia or in the judicial district in which any party resides.

(2) The district court may order a party not residing or found in the judicial district in which the action is brought to appear in a civil action under this subsection. The order shall be served in a reasonable manner decided by the district court. If the court decides an unknown person might assert a claim under the insurance that is the subject of the action, the court may order service on that person by publication in the Federal Register.

(3) Judgment in a civil action under this subsection discharges the Government from further liability to the parties to the action and to all other persons served by publication under paragraph (2) of this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1172; Pub. L. 105–277, div. C, title I, §110(c)(1), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 113–291, div. A, title X, §1074(a), Dec. 19, 2014, 128 Stat. 3518.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44309(a) 49 App.:1540 (1st sentence less 19th–70th words, 3d sentence). Aug. 23, 1958, Pub. L. 85–726, §1310, 72 Stat. 805.
44309(b)(1) 49 App.:1540 (1st sentence 19th–70th words, 2d sentence).
44309(b)(2) 49 App.:1540 (4th sentence).
44309(c) 49 App.:1540 (last sentence).
44309(d) 49 App.:1540 (5th–8th sentences).

In subsection (a), the words "A person may bring" are substituted for "may be maintained" for clarity. The words "a civil action" are substituted for "suit" because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "A civil action . . . (except the action authorized by this subsection) may not be brought" are substituted for "and this remedy shall be exclusive of any other action", and the words "involving the" are substituted for "by reason of", for clarity. The words "carrying out this chapter" are substituted for "employed or retained under this subchapter", and the words "in an action" are substituted for "for suits in the district courts", for consistency. The words "applies to" are substituted for "shall otherwise be the same as that provided for" to eliminate unnecessary words. The words "an action under this subsection" are substituted for "such suits" for consistency.

In subsection (b)(1), the words "A civil action under subsection (a) of this section may be brought" are added for clarity. The words "the plaintiff or the agent of the plaintiff resides" are substituted for "the claimant or his agent resides" for consistency in the revised title. The words "if the plaintiff resides in the United States" are added for clarity. The words "notwithstanding the amount of the claim" are omitted as obsolete because jurisdiction under 28:1331 no longer depends on the amount of the claim. The words "and any provision of existing law as to the jurisdiction of United States district courts" are omitted as obsolete.

In subsection (b)(2), the words "interested person" are substituted for "All persons having or claiming or who might have an interest in such insurance" to eliminate unnecessary words. The word "either" is omitted as surplus. The words "to a civil action brought under subsection (a) of this section" are added for clarity.

In subsection (c), the words "during which, under section 2401 of title 28, a civil action must be brought under subsection (a) of this section" are substituted for "within which suits may be commenced contained in section 2401 of title 28 providing for bringing of suits against the United States" for clarity. The words "from such time of filing" are omitted as surplus. The words "60 days after the Secretary of Transportation denies the claim" are substituted for "the claim shall have been administratively denied by the Secretary and for sixty days thereafter" for clarity.

In subsection (d)(1), the words "a civil action of interpleader" are substituted for "an action in the nature of a bill of interpleader" because of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "persons that may be entitled to payment" are substituted for "such parties" for clarity.

In subsection (d)(2), the words "in which the action is brought" are added for clarity. The words "The order shall be" are added because of the restatement. The words "the court may order service on that person" are substituted for "it may direct service upon such persons unknown" as being more precise.

In subsection (d)(3), the words "in a civil action under this subsection" are substituted for "in any such suit" for clarity.


Editorial Notes

Amendments

2014—Subsec. (a)(2). Pub. L. 113–291, §1074(a)(1), inserted at end "A civil action shall not be instituted against the United States under this chapter unless the claimant first presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the denial of such claim is sent by certified or registered mail."

Subsec. (c). Pub. L. 113–291, §1074(a)(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "When an insurance claim is made under this chapter, the period during which, under section 2401 of title 28, a civil action must be brought under subsection (a) of this section is suspended until 60 days after the Secretary of Transportation denies the claim. The claim is deemed to be administratively denied if the Secretary does not act on the claim not later than 6 months after filing, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement."

1998—Subsec. (a). Pub. L. 105–277 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "A person may bring a civil action in a district court of the United States against the United States Government when a loss insured under this chapter is in dispute. A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or employee of the Government carrying out this chapter. To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28 applies to an action under this subsection."


Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title X, §1074(b), Dec. 19, 2014, 128 Stat. 3519, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to a claim arising after the date of the enactment of this Act [Dec. 19, 2014]."

§44310. Ending effective date

(a) In General.—The authority of the Secretary of Transportation to provide insurance and reinsurance under any provision of this chapter other than sections 44302a and 44305 is not effective after December 11, 2014.

(b) Insurance of United States Government Property.—The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after September 30, 2028.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 105–85, div. A, title X, §1088(a), Nov. 18, 1997, 111 Stat. 1921; Pub. L. 105–137, §5(a), Dec. 2, 1997, 111 Stat. 2641; Pub. L. 105–277, div. C, title I, §110(c)(2), Oct. 21, 1998, 112 Stat. 2681–588; Pub. L. 106–6, §6, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(f), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title VII, §711, Apr. 5, 2000, 114 Stat. 160; Pub. L. 108–11, title IV, §4001(c), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(d), Dec. 12, 2003, 117 Stat. 2499; Pub. L. 110–181, div. A, title III, §378, Jan. 28, 2008, 122 Stat. 85; Pub. L. 113–46, div. A, §154, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–66, div. A, title X, §1093, Dec. 26, 2013, 127 Stat. 878; Pub. L. 113–76, div. L, title I, §119E(c), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(c), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(c), Dec. 16, 2014, 128 Stat. 2767; Pub. L. 114–328, div. A, title X, §1046, Dec. 23, 2016, 130 Stat. 2395; Pub. L. 116–92, div. A, title III, §374, Dec. 20, 2019, 133 Stat. 1332; Pub. L. 117–328, div. Q, §103(b)(2), Dec. 29, 2022, 136 Stat. 5252; Pub. L. 118–15, div. B, title II, §2202(a), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, §102(a), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, §102(a), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title I, §104(a), May 16, 2024, 138 Stat. 1034.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44310 49 App.:1542. Aug. 23, 1958, Pub. L. 85–726, §1312, 72 Stat. 806; July 20, 1961, Pub. L. 87–89, 75 Stat. 210; June 13, 1966, Pub. L. 89–447, 80 Stat. 199; Sept. 8, 1970, Pub. L. 91–399, 84 Stat. 837; Aug. 9, 1975, Pub. L. 94–90, §2, 89 Stat. 439; July 31, 1976, Pub. L. 94–374, 90 Stat. 1065; Nov. 9, 1977, Pub. L. 95–163, §6, 91 Stat. 1280; Oct. 14, 1982, Pub. L. 97–309, §3, 96 Stat. 1453; Oct. 30, 1987, Pub. L. 100–148, 101 Stat. 878; Oct. 31, 1992, Pub. L. 102–581, §402, 106 Stat. 4897.

The words "is not effective after" are substituted for "shall expire at the termination of" for clarity and consistency in the revised title.


Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–63 substituted "September 30, 2028" for "May 10, 2024".

Pub. L. 118–41 substituted "May 10, 2024" for "March 8, 2024".

2023—Subsec. (b). Pub. L. 118–34 substituted "March 8, 2024" for "December 31, 2023".

Pub. L. 118–15 substituted "December 31, 2023" for "September 30, 2023".

2022—Subsec. (a). Pub. L. 117–328 substituted "sections 44302a and 44305" for "section 44305".

2019—Subsec. (b). Pub. L. 116–92 substituted "September 30, 2023" for "December 31, 2019".

2016—Subsec. (b). Pub. L. 114–328 substituted "December 31, 2019" for "December 31, 2018".

2014—Subsec. (a). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015".

Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015" for "September 30, 2014".

Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the Continuing Appropriations Act, 2014".

2013Pub. L. 113–66 designated existing provisions as subsec. (a) and inserted heading, substituted "any provision of this chapter other than section 4430" for "this chapter", and added subsec. (b).

Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations Act, 2014" for "December 31, 2013".

2008Pub. L. 110–181 substituted "December 31, 2013" for "March 30, 2008".

2003Pub. L. 108–176 substituted "March 30, 2008" for "December 31, 2004".

Pub. L. 108–11, substituted "2004" for "2003".

2000Pub. L. 106–181 substituted "after December 31, 2003." for "after August 6, 1999."

1999Pub. L. 106–31 substituted "August 6, 1999" for "May 31, 1999".

Pub. L. 106–6 substituted "May" for "March".

1998Pub. L. 105–277 substituted "March 31, 1999" for "December 31, 1998".

1997Pub. L. 105–137 substituted "December 31, 1998" for "September 30, 2002".

Pub. L. 105–85 substituted "September 30, 2002" for "September 30, 1997".


Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1997 Amendments

Pub. L. 105–137, §5(b), Dec. 2, 1997, 111 Stat. 2641, provided that: "The amendment made by subsection (a) [amending this section] takes effect on October 1, 1997."

Pub. L. 105–85, div. A, title X, §1088(b), Nov. 18, 1997, 111 Stat. 1921, provided that: "This section [amending this section] shall take effect as of September 30, 1997."

Continuation of Aviation Insurance Laws

Pub. L. 102–581, title IV, §404, Oct. 31, 1992, 106 Stat. 4898, provided that: "Notwithstanding any other provision of law, the provisions of title XIII of the Federal Aviation Act of 1958 [now this chapter] and all insurance policies issued by the Secretary of Transportation under such title, as in effect on September 30, 1992, shall be treated as having continued in effect until the date of the enactment of this Act [Oct. 31, 1992]."

CHAPTER 445—FACILITIES, PERSONNEL, AND RESEARCH

Sec.
44501.
Plans and policy.
44502.
General facilities and personnel authority.
44503.
Reducing nonessential expenditures.
44504.
Improved aircraft, aircraft engines, propellers, and appliances.
44505.
Systems, procedures, facilities, services, and devices.
44506.
Air traffic controllers.
44507.
Regions and centers.
44508.
Research advisory committee.
44509.
Demonstration projects.
44510.
Repealed.
44511.
Aviation research grants.
44512.
Catastrophic failure prevention research grants.
44513.
Regional centers of air transportation excellence.
44514, 44515.
Repealed.
44516.
Human factors program.
44517.
Program to permit cost sharing of air traffic modernization projects.
44518.
Advanced Materials Center of Excellence.
44519.
Certification personnel continuing education and training.
44520.
Center of Excellence for Alternative Jet Fuels and Environment.

        

Editorial Notes

Amendments

2024Pub. L. 118–63, title III, §337, title IV, §401(b), title VI, §618(b)(2), title X, §1017(b), May 16, 2024, 138 Stat. 1093, 1148, 1231, 1397, added items 44505 and 44520 and struck out former item 44505 "Systems, procedures, facilities, and devices" and items 44510 "Airway science curriculum grants", 44514 "Flight service stations", and 44515 "Advanced training facilities for maintenance technicians for air carrier aircraft".

2020Pub. L. 116–260, div. V, title I, §112(b), Dec. 27, 2020, 134 Stat. 2332, added item 44519.

2018Pub. L. 115–254, div. B, title V, §524(b), title VII, §762(b), Oct. 5, 2018, 132 Stat. 3364, 3428, substituted "Regions and centers" for "Civil aeromedical research" in item 44507 and added item 44518.

2003Pub. L. 108–176, title I, §183(b), Dec. 12, 2003, 117 Stat. 2517, added item 44517.

2000Pub. L. 106–181, title VII, §713(c), Apr. 5, 2000, 114 Stat. 161, added item 44516.

§44501. Plans and policy

(a) Long Range Plans and Policy Requirements.—The Administrator of the Federal Aviation Administration shall make long range plans and policy for the orderly development and use of the navigable airspace, and the orderly development of air navigation facilities and services, that will best meet the needs of, and serve the interests of, civil aeronautics and the national defense, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern.

(b) Airway Capital Investment Plan.—The Administrator of the Federal Aviation Administration shall review, revise, and publish a national airways system plan, known as the Airway Capital Investment Plan, before the beginning of each fiscal year. The plan shall set forth—

(1) for a 10-year period, the research, engineering, procurement, and development programs and the facilities, services, and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids that will—

(A) meet the forecasted needs of civil aeronautics;

(B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and

(C) provide the highest degree of safety in air commerce;


(2) for the first and second years of the plan, detailed annual estimates of—

(A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services;

(B) the cost of research, engineering, procurement, and development required to improve safety, system capacity, and efficiency; and

(C) personnel levels required for the activities described in subparagraphs (A) and (B);


(3) for the third, fourth, and fifth years of the plan, estimates of the total cost of each major program for the 3-year period, and additional major research programs, acquisition of systems, services, and facilities, and changes in personnel levels that may be required to meet long range objectives and that may have significant impact on future funding requirements;

(4) a 10-year investment plan that considers long range objectives that the Administrator considers necessary to—

(A) ensure that safety is given the highest priority in providing for a safe and efficient airway system; and

(B) meet the current and projected growth of the aerospace industry and the requirements of interstate commerce, the United States Postal Service, and the national defense; and


(5) a list of capital projects that are part of the Next Generation Air Transportation System and funded by amounts appropriated under section 48101(a).


(c) National Aviation Research Plan.—(1) The Administrator of the Federal Aviation Administration shall prepare and publish annually a national aviation research plan and submit the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives. The plan shall be submitted not later than the date that is 30 days after the date of submission of the President's budget to Congress. If such report cannot be prepared and submitted by the date that is 30 days after the date of submission of the President's budget to Congress, the Administrator shall submit, before such date, a letter to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee of 1 Science, Space, and Technology of the House of Representatives stating the reason for delayed submission, impacts of the delay, and actions taken to address circumstances that led to the delay.

(2)(A) The plan shall describe, for a 5-year period, the research, engineering, and development that the Administrator of the Federal Aviation Administration considers necessary—

(i) to ensure the continued capacity, safety, and efficiency of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and

(ii) to provide the highest degree of safety in air travel.


(B) The plan shall—

(i) provide estimates by year of the schedule, cost, and work force levels for each active and planned major research and development project under sections 44504, 44505, 44507, 44509, 44511–44513, and 44912 of this title, including activities carried out under cooperative agreements with other Federal departments and agencies;

(ii) specify the goals and the priorities for allocation of resources among the major categories of research and development activities, including the rationale for the priorities identified;

(iii) identify the allocation of resources among long-term research, near-term research, and development activities;

(iv) identify the individual research and development projects in each funding category that are described in the annual budget request;

(v) highlight the research and development activities that address specific recommendations of the research advisory committee established under section 44508 of this title, and document the recommendations of the committee that are not accepted, specifying the reasons for nonacceptance; and

(vi) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.


(3) Subject to section 44912(d)(2) and regulations prescribed under such section, the Administrator of the Federal Aviation Administration shall submit to the committees named in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year, including a description of the dissemination to the private sector of research results and a description of any new technologies developed. The report shall be submitted with the plan required under paragraph (1) and be organized to allow comparison with the plan in effect for the prior fiscal year. The report shall be prepared in accordance with requirements of section 1116 of title 31.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 104–264, title XI, §1105, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106–181, title IX, §902(a), Apr. 5, 2000, 114 Stat. 195; Pub. L. 112–95, title I, §105, Feb. 14, 2012, 126 Stat. 17; Pub. L. 118–63, title VI, §618(a), title X, §1004(a), title XI, §1101(j), May 16, 2024, 138 Stat. 1230, 1386, 1413.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44501(a) 49 App.:1353(a). Aug. 23, 1958, Pub. L. 85–726, §312(a), 72 Stat. 752.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44501(b) 49 App.:2203(b). Sept. 3, 1982, Pub. L. 97–248, §504(b), 96 Stat. 675; Nov. 5, 1990, Pub. L. 101–508, §9105(a), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §114, 106 Stat. 4881.
44501(c) 49 App.:1353(d). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(d); added Nov. 3, 1988, Pub. L. 100–591, §4(a), 102 Stat. 3011.

In subsection (a), the word "Administrator" in section 312(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g). The words "air navigation facilities" are substituted for "landing areas, Federal airways, radar installations and all other aids and facilities for air navigation" because of the definition of "air navigation facility" in section 40102(a) of the revised title. The words "the armed forces" are substituted for "military agencies" because of 10:101.

In subsection (b), before clause (1), the words "the requirements of" are omitted as surplus. The text of 49 App.:2203(b) (1st sentence) is omitted as executed. The words "thereafter" and "For fiscal year 1991 and thereafter" are omitted as obsolete. In clauses (2)(C) and (3), the word "personnel" is substituted for "manpower" for consistency in the revised title. In clause (2)(C), the word "all" is omitted as surplus.

In subsection (c), before clause (1), the word "completed" is omitted as surplus.

In subsection (d)(1), the words "review, revise" are omitted as surplus. The word "annually" is substituted for "for fiscal year 1990, and for each fiscal year thereafter" to eliminate obsolete language.

In subsection (d)(2)(B), before clause (i), the words "an appropriation" are substituted for "funding", and in clause (ii), the word "appropriations" is substituted for "funding", for clarity and consistency in the revised title and with other titles of the United States Code.

In subsection (d)(3), the words "beginning with the date of transmission of the first aviation research plan as required by paragraph (1)" are omitted as obsolete.


Editorial Notes

References in Text

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(2)(B)(vi), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.

Amendments

2024—Subsec. (a). Pub. L. 118–63, §618(a)(1), substituted "development of air navigation facilities and services" for "development and location of air navigation facilities".

Subsec. (b)(1). Pub. L. 118–63, §618(a)(2)(A), (B), substituted "procurement, and development" for "and development" and "facilities, services, and equipment" for "facilities and equipment" in introductory provisions.

Subsec. (b)(2). Pub. L. 118–63, §618(a)(2)(C)(i), substituted "first and second years" for "first and 2d years" in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 118–63, §618(a)(2)(A), substituted "procurement, and development" for "and development".

Subsec. (b)(2)(C). Pub. L. 118–63, §618(a)(2)(C)(ii), substituted "subparagraphs (A) and (B)" for "subclauses (A) and (B) of this clause".

Subsec. (b)(3). Pub. L. 118–63, §618(a)(2)(D), substituted "the third, fourth, and fifth" for "the 3d, 4th, and 5th" and "systems, services, and facilities" for "systems and facilities".

Subsec. (b)(4)(B). Pub. L. 118–63, §618(a)(2)(E), substituted "growth of the aerospace industry" for "growth of aviation".

Subsec. (c)(1). Pub. L. 118–63, §1004(a), substituted "not later than the date that is 30 days after the date of submission" for "not later than the date of submission" and inserted at end "If such report cannot be prepared and submitted by the date that is 30 days after the date of submission of the President's budget to Congress, the Administrator shall submit, before such date, a letter to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee of Science, Space, and Technology of the House of Representatives stating the reason for delayed submission, impacts of the delay, and actions taken to address circumstances that led to the delay."

Subsec. (c)(2)(B)(i). Pub. L. 118–63, §1101(j)(1), struck out "40119," after "under sections".

Subsec. (c)(3). Pub. L. 118–63, §1101(j)(2), substituted "Subject to section 44912(d)(2) and regulations prescribed under such section," for "Subject to section 40119(b) of this title and regulations prescribed under section 40119(b),".

2012—Subsec. (b)(5). Pub. L. 112–95 added par. (5).

2000—Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106–181, §902(a)(1), added cls. (iv) and (vi) and redesignated former cl. (iv) as (v).

Subsec. (c)(3). Pub. L. 106–181, §902(a)(2), inserted at end "The report shall be prepared in accordance with requirements of section 1116 of title 31."

1996—Subsec. (c)(1). Pub. L. 104–287 substituted "Committee on Science" for "Committee on Science, Space, and Technology".

Subsec. (c)(2)(A). Pub. L. 104–264, §1105(1), substituted "5-year period" for "15-year period".

Subsec. (c)(2)(B). Pub. L. 104–264, §1105(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set out the requirements for research plans including specific requirements for the first two years of the plan, for the 3rd, 4th, and 5th years, and for the 6th and subsequent years.

Subsec. (c)(3). Pub. L. 104–264, §1105(3), inserted ", including a description of the dissemination to the private sector of research results and a description of any new technologies developed" after "during the prior fiscal year".


Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Rule of Construction Regarding Collaborations

Pub. L. 118–63, title X, §1031, May 16, 2024, 138 Stat. 1406, provided that: "Nothing in this title [enacting sections 44520, 44813, and 44814 of this title, amending sections 44501, 44518, 47511, and 48102 of this title, enacting provisions set out as notes under sections 40101, 40103, 45501, 44504, 44505, 44701, and 47101 of this title, and amending provisions set out as a note under section 44505 of this title] may be construed as modifying or limiting existing collaborations, or limiting potential engagement on future collaborations, between the Administrator [of the Federal Aviation Administration], stakeholders, and labor organizations, including the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, pertaining to FAA [Federal Aviation Administration] research, engineering, development, demonstration, and testing activities."

Advanced Aviation Technology and Innovation Steering Committee

Pub. L. 118–63, title II, §229, May 16, 2024, 138 Stat. 1064, provided that:

"(a) Establishment.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the 'Steering Committee') to assist the FAA [Federal Aviation Administration] in planning for and integrating advanced aviation technologies.

"(b) Purpose.—The Steering Committee shall—

"(1) create and regularly update a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem; and

"(2) provide direction and resolution for complex issues related to advanced aviation technologies that span multiple offices or lines of business of the FAA, as needed.

"(c) Chair.—The Deputy Administrator of the FAA shall serve as the Chair of the Steering Committee.

"(d) Composition.—In addition to the Chair, the Steering Committee shall consist of the Assistant or Associate Administrator, or the designee of such Administrator, of each of the following FAA offices:

"(1) Office of Aviation Safety.

"(2) Air Traffic Organization.

"(3) Office of Airports.

"(4) Office of Commercial Space Transportation.

"(5) Office of Finance and Management.

"(6) Office of the Chief Counsel.

"(7) Office of Rulemaking and Regulatory Improvement.

"(8) Office of Policy, International Affairs, and Environment.

"(9) Office of Security and Hazardous Materials Safety.

"(10) Any other Office the Administrator determines necessary."

Consolidation and Realignment of FAA Services and Facilities

Pub. L. 112–95, title VIII, §804, Feb. 14, 2012, 126 Stat. 119, as amended by Pub. L. 115–254, div. B, title V, §§510, 545(b)(2), Oct. 5, 2018, 132 Stat. 3355, 3376, provided that:

"(a) National Facilities Realignment and Consolidation Report.—

"(1) In general.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as the National Facilities Realignment and Consolidation Report, in accordance with the requirements of this subsection.

"(2) Purpose.—The purpose of the report shall be to reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.

"(3) Contents.—The report shall include—

"(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and

"(B) for each of the recommendations, a description of—

"(i) the Administrator's justification;

"(ii) the projected costs and savings; and

"(iii) the proposed timing for implementation.

"(4) Input.—The report shall be prepared by the Administrator (or the Administrator's designee) with the participation of—

"(A) representatives of labor organizations representing air traffic control system employees of the FAA; and

"(B) industry stakeholders.

"(5) Submission to congress.—Not later than 120 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(6) Public notice and comment.—The Administrator shall publish the report in the Federal Register and allow 45 days for the submission of public comments.

"(b) Report to Congress Containing Recommendations of Administrator.—Not later than 60 days after the last day of the period for public comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—

"(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and

"(2) copies of any public comments received by the Administrator under subsection (a)(6).

"(c) Realignment and Consolidation of FAA Services and Facilities.—Except as provided in subsection (d), the Administrator shall realign and consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection (b).

"(d) Congressional Disapproval.—

"(1) In general.—The Administrator may not carry out a recommendation for realignment or consolidation of services or facilities of the FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is enacted disapproving such recommendation before the earlier of—

"(A) the last day of the 30-day period beginning on the date of submission of the report; or

"(B) the adjournment of Congress sine die for the session during which the report is transmitted.

"(2) Computation of 30-day period.—For purposes of paragraph (1)(A), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30-day period.

"(e) Military Operations Exclusion.—

"(1) In general.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON operations at the facility.

"(2) TRACON defined.—In this subsection, the term 'TRACON' means terminal radar approach control.

"(f) Definitions.—In this section, the following definitions apply:

"(1) FAA.—The term 'FAA' means the Federal Aviation Administration.

"(2) Realignment; consolidation.—

"(A) In general.—The terms 'realignment' and 'consolidation' include any action that—

"(i) relocates functions, services, or personnel positions;

"(ii) discontinues or severs existing facility functions or services; or

"(iii) combines the results described in clauses (i) and (ii).

"(B) Exclusion.—The terms do not include a reduction in personnel resulting from workload adjustments."

[Section 545(b)(2) of Pub. L. 115–254, which directed amendment of section 804 of Pub. L. 112–95, set out above, by substituting "Chief Technology Officer" for "Chief NextGen Officer" in subsec. (a)(4)(A), could not be executed because the words "Chief NextGen Officer" did not appear after the intervening amendment of subsec. (a)(4) by section 510(a)(2) of Pub. L. 115–254.]

Program Authorizations

Pub. L. 112–95, title IX, §901(c), Feb. 14, 2012, 126 Stat. 137, provided that: "From the other accounts described in the national aviation research plan required under section 44501(c) of title 49, United States Code, the following research and development activities are authorized:

"(1) Runway Incursion Reduction.

"(2) System Capacity, Planning, and Improvement.

"(3) Operations Concept Validation.

"(4) NAS Weather Requirements.

"(5) Airspace Management Program.

"(6) NextGen—Air Traffic Control/Technical Operations Human Factors.

"(7) NextGen—Environment and Energy—Environmental Management System and Advanced Noise and Emissions Reduction.

"(8) NextGen—New Air Traffic Management Requirements.

"(9) NextGen—Operations Concept Validation—Validation Modeling.

"(10) NextGen—System Safety Management Transformation.

"(11) NextGen—Wake Turbulence—Recategorization.

"(12) NextGen—Operational Assessments.

"(13) NextGen—Staffed NextGen Towers.

"(14) Center for Advanced Aviation System Development.

"(15) Airports Technology Research Program—Capacity.

"(16) Airports Technology Research Program—Safety.

"(17) Airports Technology Research Program—Environment.

"(18) Airport Cooperative Research—Capacity.

"(19) Airport Cooperative Research—Environment.

"(20) Airport Cooperative Research—Safety."

1 So in original. Probably should be "on".

§44502. General facilities and personnel authority

(a) General Authority.—(1) The Administrator of the Federal Aviation Administration may—

(A) acquire, establish, improve, operate, and maintain air navigation facilities; and

(B) provide facilities and personnel to regulate and protect air traffic.


(2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts.

(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality.

(4) Purchase of instrument landing system.—

(A) Establishment of program.—The Secretary shall purchase precision approach instrument landing system equipment for installation at airports on an expedited basis.

(B) Authorization.—No less than $30,000,000 of the amounts appropriated under section 48101(a) for each of fiscal years 2000 through 2002 shall be used for the purpose of carrying out this paragraph, including acquisition under new or existing contracts, site preparation work, installation, and related expenditures.


(5) Improvements on leased properties.—The Administrator may make improvements to real property leased for no or nominal consideration for an air navigation facility, regardless of whether the cost of making the improvements exceeds the cost of leasing the real property, if—

(A) the improvements primarily benefit the Government;

(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration; and

(C) the interest of the United States Government in the improvements is protected.


(b) Certification of Necessity.—Except for Government money expended under this part or for a military purpose, Government money may be expended to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the Administrator of the Federal Aviation Administration certifies in writing that the facility is reasonably necessary for use in air commerce or for the national defense. An interested person may apply for a certificate for a facility to be acquired, established, constructed, operated, repaired, altered, or maintained by or for the person.

(c) Ensuring Conformity With Plans and Policies.—(1) To ensure conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision.

(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.

(d) Public Use and Emergency Assistance.—(1) The head of a department, agency, or instrumentality of the Government having jurisdiction over an air navigation facility owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for public use of the facility.

(2) The head of a department, agency, or instrumentality of the Government having jurisdiction over an airport or emergency landing field owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil, equipment, and supplies, to an aircraft, but only when necessary, because of an emergency, to allow the aircraft to continue to the nearest airport operated by private enterprise. The head of the department, agency, or instrumentality shall provide for the assistance and sale at the prevailing local fair market value as determined by the head of the department, agency, or instrumentality. An amount that the head decides is equal to the cost of the assistance provided and the fuel, oil, equipment, and supplies sold shall be credited to the appropriation from which the cost was paid. The balance shall be credited to miscellaneous receipts.

(e) Transfers of Air Traffic Systems.—

(1) In general.—Subject to paragraph (4), an airport in a non-contiguous State may transfer, without consideration, to the Administrator of the Federal Aviation Administration, an eligible air traffic system or equipment that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system or equipment.

(2) Acceptance.—The Administrator shall accept the eligible air traffic system or equipment and operate and maintain it under criteria of the Administrator.

(3) Definition.—In this subsection, the term "eligible air traffic system or equipment" means—

(A) an instrument landing system consisting of a glide slope and localizer (if the Administrator has determined that a satellite navigation system cannot provide a suitable approach to an airport);

(B) an Automated Weather Observing System weather observation system;

(C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility; or

(D) a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights.


(4) Exception.—The requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the air traffic system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103.


(f) Airport Space.—

(1) Restriction.—The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide to the Federal Aviation Administration without cost any of the following:

(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting.

(B) Space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting.


(2) Rule of construction.—Nothing in this subsection may be construed to affect—

(A) any agreement the Secretary may have or make with an airport owner or sponsor for the airport owner or sponsor to provide any of the items described in paragraph (1)(A) or (1)(B) at below-market rates; or

(B) any grant assurance that requires an airport owner or sponsor to provide land to the Administration without cost for an air traffic control facility.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1175; Pub. L. 103–305, title I, §120(a), Aug. 23, 1994, 108 Stat. 1581; Pub. L. 103–429, §6(54), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, §5(75), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106–181, title I, §153, title VII, §712, Apr. 5, 2000, 114 Stat. 87, 160; Pub. L. 115–254, div. B, title I, §147, Oct. 5, 2018, 132 Stat. 3213; Pub. L. 118–63, title VII, §728(a), May 16, 2024, 138 Stat. 1271.)

Historical and Revision Notes
Pub. L. 103–272
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44502(a)(1) 49 App.:1348(b) (1st sentence less cl. (3)). Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st sentence less cl. (3), 2d sentence), 72 Stat. 750; Jan. 12, 1983, Pub. L. 97–449, §4(c), 96 Stat. 2442.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44502(a)(2) 49 App.:2205(a)(3). Sept. 3, 1982, Pub. L. 97–248, §506(a)(3), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, §105(a)(1), (g)(1), 101 Stat. 1489, 1494.
44502(a)(3) 49 App.:1348(b) (2d sentence).
44502(b) 49 App.:1349(a) (1st, 2d sentences). Aug. 23, 1958, Pub. L. 85–726, §§308(a) (1st, 2d sentences), (b), 309, 1107, 72 Stat. 750, 751, 798.
  49 App.:1655(c)(1).
44502(c)(1) 49 App.:1349(b).
  49 App.:1655(c)(1).
44502(c)(2) 49 App.:1350.
  49 App.:1655(c)(1).
44502(d) 49 App.:1507.
44502(e) 49 App.:1743. Aug. 11, 1959, Pub. L. 86–154, 73 Stat. 333.
44502(f) 49 App.:2205 (notes). Nov. 21, 1989, Pub. L. 101–164, §331, 103 Stat. 1097.
  Nov. 5, 1990, Pub. L. 101–516, §324, 104 Stat. 2182.
  Oct. 28, 1991, Pub. L. 102–143, §324, 105 Stat. 943.
  Oct. 6, 1992, Pub. L. 102–388, §324, 106 Stat. 1547.

In this section, the words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department or agency" in 49 App.:1348(b), "agencies" in 49 App.:1349(b), and "department or other agency" and "Government department or other agency" in 49 App.:1507 for consistency in the revised title and with other titles of the United States Code.

In subsections (a)(1), (b), and (c), the word "Administrator" in sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d sentences) and (b), and 309 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750, 751) is retained on authority of 49:106(g).

In subsection (a)(1), before clause (A), the words "within the limits of available appropriations made by the Congress" are omitted as surplus. In clause (A), the words "wherever necessary" are omitted as surplus. In clause (B), the word "necessary" is omitted as surplus.

In subsection (a)(2), the words "by the Secretary" and "to the Secretary" are omitted as surplus. The last sentence is substituted for 49 App.:2205(a)(3) (last sentence) to eliminate unnecessary words.

In subsection (a)(3), the words "subject to such regulations, supervision, and review as he may prescribe" are omitted because of 49:322(a). The words "from time to time make such provision as he shall deem appropriate" are omitted as surplus. The words "duty or power" are substituted for "function" for consistency in the revised title and with other titles of the Code. The words "the head of" are added for clarity and consistency.

In subsection (b), the words "(whether or not in cooperation with State or other local governmental agencies)" and "thereon" are omitted as surplus. The words "landing area" are omitted as being included in the definition of "air navigation facility" in section 40102(a) of the revised title. The words "recommendation and" are omitted as surplus. The words "under regulations prescribed by him" are omitted because of 49:322(a). The word "proposed" is omitted as surplus. The word "acquired" is added for consistency in this subsection.

In subsection (c)(1), the words "In order", "layout", and "In case of . . . the matter" are omitted as surplus. The words "Secretary of Defense" are substituted for "Department of Defense" because of 10:133(a). The words "the Administrator of" are added because of 42:2472(a).

In subsection (c)(2), the word "layout" is omitted as surplus. The words "pursuant to regulations prescribed by him" are omitted because of 49:322(a). The words "the establishment, building, or alteration" are substituted for "such construction" for clarity and consistency in this section.

In subsection (d)(1), the words "under such conditions and to such extent as . . . deems advisable and" are omitted as surplus. The word "provide" is substituted for "be made available", and the words "of the facility" are added, for clarity.

In subsection (d)(2), the words "All amounts received under this subsection shall be covered into the Treasury" are omitted because of 31:3302(b). The words "services, shelter . . . other" and "if any" are omitted as surplus.

In subsection (e), the words "or compact" are omitted as surplus. The words "or States" are omitted because of 1:1. The text of 49 App.:1743 (last sentence) is omitted as surplus.

In subsection (f), the words "Notwithstanding any other provision of law" and "thereafter" are omitted as surplus.

Pub. L. 103–429

This amends 49:44502(b) to clarify the restatement of 49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1175).

Pub. L. 104–287, §5(75)(A)

This amends 49:44502(c)(1) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1175).

Pub. L. 104–287, §5(75)(B)

This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) because of the restatement of former 49:44502(e) as 49:40121.


Editorial Notes

Amendments

2024—Subsec. (e)(1). Pub. L. 118–63, §728(a)(1), substituted "Subject to paragraph (4), an airport in a non-contiguous State" for "An airport".

Subsec. (e)(3)(D). Pub. L. 118–63, §728(a)(2), added subpar. (D).

Subsec. (e)(4). Pub. L. 118–63, §728(a)(3), added par. (4).

2018—Subsec. (e). Pub. L. 115–254, §147(1), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system (and associated approach lighting equipment and runway visual range equipment) that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system. The Administrator shall accept the system and operate and maintain it under criteria of the Administrator."

Subsec. (f). Pub. L. 115–254, §147(2), added subsec. (f).

2000—Subsec. (a)(4)(B). Pub. L. 106–181, §153, substituted "each of fiscal years 2000 through 2002" for "each of fiscal years 1995 and 1996" and inserted "under new or existing contracts" after "including acquisition".

Subsec. (a)(5). Pub. L. 106–181, §712, added par. (5).

1996—Subsec. (c)(1). Pub. L. 104–287, §5(75)(A), substituted "To ensure" for "To ensure that".

Subsecs. (e), (f). Pub. L. 104–287, §5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows:

"(e) Consent of Congress.—Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility."

1994—Subsec. (a)(4). Pub. L. 103–305 added par. (4).

Subsec. (b). Pub. L. 103–429 inserted "Government" before "money may be expended".


Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–63, title VII, §728(b), May 16, 2024, 138 Stat. 1271, provided that: "The amendments made by this section [amending this section] shall take effect beginning on October 1, 2024."

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Direct-Hire Authority Utilization

Pub. L. 118–63, title IV, §428, May 16, 2024, 138 Stat. 1170, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall utilize direct hire authorities (as such authorities existed on the day before the date of enactment of this Act [May 16, 2024]) to hire individuals on a non-competitive basis for positions related to aircraft certification and aviation safety. In utilizing such authorities, the Administrator shall take into consideration any staffing gaps in the safety workforce of the FAA [Federal Aviation Administration], including in positions supporting the safe integration of unmanned aircraft systems and other new airspace entrants.

"(b) Congressional Briefing.—Not later than 180 days after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the—

"(1) utilization of the Administrator's direct-hire authorities described in subsection (a);

"(2) utilization of the Administrator's direct-hire authorities with respect to the Unmanned Aircraft System Collegiate Training Initiative of the FAA; and

"(3) number of employees hired as a result of the utilization of such authorities by the Administrator, the relevant lines of business or offices in which such employees were hired, and the occupational series of the positions filled."

Airport Diagram Terminology

Pub. L. 118–63, title VII, §749, May 16, 2024, 138 Stat. 1283, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots.

"(b) Collaboration.—In carrying out subsection (a), the Administrator shall collaborate with industry stakeholders, commercial service airports, and general aviation airports in—

"(1) facilitating basic standardization of general aviation parking terms;

"(2) accounting for the majority of uses of general aviation parking terms; and

"(3) providing clarity for chart users.

"(c) IAC Specifications.—The Administrator shall encourage the Interagency Air Committee to incorporate the terms developed pursuant to subsection (a) in publications produced by the Committee."

Pilot Program for UAS Inspections of FAA Infrastructure

Pub. L. 118–63, title IX, §911, May 16, 2024, 138 Stat. 1347, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall initiate a pilot program to supplement inspection and oversight activities of the Department of Transportation with unmanned aircraft systems to increase employee safety, enhance data collection, increase the accuracy of inspections, reduce costs, and for other purposes the Secretary considers to be appropriate.

"(b) Ground-based Aviation Infrastructure.—In participating in the program under subsection (a), the Administrator [of the Federal Aviation Administration] shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including—

"(1) navigational aids;

"(2) air traffic control towers;

"(3) radar facilities;

"(4) communication facilities; and

"(5) other air traffic control facilities.

"(c) Coordination.—In carrying out subsection (b), the Administrator shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure.

"(d) Briefing.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a briefing on the status and results of the pilot program established under subsection (a), including—

"(1) cost savings;

"(2) a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed;

"(3) efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities;

"(4) the fleet of unmanned aircraft systems maintained by the Department for the program, or an overview of the services used as part of the pilot program; and

"(5) recommendations for improving the use or efficacy of unmanned aircraft systems to supplement the Department's inspection, data collection, or oversight activities.

"(e) Sunset and Incorporation Into Standard Practice.—

"(1) Sunset.—The pilot program established under subsection (a) and the briefing requirement under subsection (d) shall terminate on the date that is 4 years after the date of enactment of this Act [May 16, 2024].

"(2) Incorporation into standard practice.—Upon termination of the pilot program under this section, the Secretary shall assess the results and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department.

"(3) Report to congress.—Not later than 9 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the final results of the pilot program and the actions taken by the Administrator under paragraph (2)."

[For definition of "unmanned aircraft system" as used in section 911 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note below.]

High Performance, Sustainable, and Cost-Effective Air Traffic Control Facilities

Pub. L. 112–95, title V, §508, Feb. 14, 2012, 126 Stat. 106, provided that: "The Administrator of the Federal Aviation Administration may implement, to the extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption at, improve the environmental performance of, and reduce the cost of maintenance for such facilities."

Strategy for Staffing, Hiring, and Training Flight Standards and Aircraft Certification Staff

Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 401, provided in part: "That not later than March 31 of each fiscal year hereafter, the Administrator [of the Federal Aviation Administration] shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year".

Similar provisions were contained in the following appropriation acts:

Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 307.

Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5102.

Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 691.

Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1830.

Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2940.

Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 977.

Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 730.

Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2839.

Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2700.

Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 578.

Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 646.

Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3040.

Pilot Program for Innovative Financing of Air Traffic Control Equipment

Pub. L. 108–176, title I, §182, Dec. 12, 2003, 117 Stat. 2515, as amended by Pub. L. 113–188, title XV, §1501(d), Nov. 26, 2014, 128 Stat. 2024, provided that:

"(a) In General.—In order to test the cost effectiveness and feasibility of long-term financing of modernization of major air traffic control systems, the Administrator of the Federal Aviation Administration may establish a pilot program to test innovative financing techniques through amending, subject to section 1341 of title 31, United States Code, a contract for more than one, but not more than 20, fiscal years to purchase and install air traffic control equipment for the Administration. Such amendments may be for more than one, but not more than 10, fiscal years.

"(b) Cancellation.—A contract described in subsection (a) may include a cancellation provision if the Administrator determines that such a provision is necessary and in the best interest of the United States. Any such provision shall include a cancellation liability schedule that covers reasonable and allocable costs incurred by the contractor through the date of cancellation plus reasonable profit, if any, on those costs. Any such provision shall not apply if the contract is terminated by default of the contractor.

"(c) Contract Provisions.—If feasible and practicable for the pilot program, the Administrator may make an advance contract provision to achieve economic-lot purchases and more efficient production rates.

"(d) Limitation.—The Administrator may not amend a contract under this section until the program for the terminal automation replacement systems has been rebaselined in accordance with the acquisition management system of the Administration.

"(e) Funding.—Out of amounts appropriated under section 48101 [probably means section 48101 of title 49, United States Code] for fiscal year 2004, such sums as may be necessary shall be available to carry out this section."

Enhanced Vision Technologies

Pub. L. 106–181, title I, §124, Apr. 5, 2000, 114 Stat. 75, provided that:

"(a) Study.—The Administrator [of the Federal Aviation Administration] shall enter into a cooperative research and development agreement to study the benefits of utilizing enhanced vision technologies to replace, enhance, or add to conventional airport approach and runway lighting systems.

"(b) Report.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a progress report on the work accomplished under the cooperative agreements detailing the evaluations performed to determine the potential of enhanced vision technology to meet the operational requirements of the intended application.

"(c) Certification.—Not later than 180 days after the conclusion of work under the research agreements, the Administrator shall transmit to Congress a report on the potential of enhanced vision technology to satisfy the operational requirements of the Federal Aviation Administration and a schedule for the development of performance standards for certification appropriate to the application of the enhanced vision technologies. If the Administrator certifies an enhanced vision technology as meeting such performance standards, the technology shall be treated as a navigation aid or other aid for purposes of section 47102(3)(B)(i) of title 49, United States Code."

Transfer by Airports of Instrument Landing Systems and Associated Equipment to Federal Aviation Administration

Pub. L. 109–115, div. A, title I, §101, Nov. 30, 2005, 119 Stat. 2401, which provided that airports may transfer to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant, provided that the FAA accept such equipment and operate and maintain it in accordance with agency criteria, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–447, div. H, title I, §101, Dec. 8, 2004, 118 Stat. 3203.

Pub. L. 108–199, div. F, title I, §101, Jan. 23, 2004, 118 Stat. 284.

Pub. L. 108–7, div. I, title III, §313, Feb. 20, 2003, 117 Stat. 410.

Pub. L. 107–87, title III, §313, Dec. 18, 2001, 115 Stat. 858.

Pub. L. 106–346, §101(a) [title III, §314], Oct. 23, 2000, 114 Stat. 1356, 1356A-27.

Pub. L. 106–69, title III, §314, Oct. 9, 1999, 113 Stat. 1018.

Pub. L. 105–277, div. A, §101(g) [title III, §314], Oct. 21, 1998, 112 Stat. 2681–439, 2681-468.

Pub. L. 105–66, title III, §314, Oct. 27, 1997, 111 Stat. 1443.

Pub. L. 104–205, title III, §314, Sept. 30, 1996, 110 Stat. 2971.

Pub. L. 104–50, title III, §317, Nov. 15, 1995, 109 Stat. 455.

Pub. L. 103–331, title III, §317, Sept. 30, 1994, 108 Stat. 2491, repealed by Pub. L. 104–287, §7(4), Oct. 11, 1996, 110 Stat. 3400.

Cost Savings Associated With Purchase

Pub. L. 103–305, title I, §120(b), Aug. 23, 1994, 108 Stat. 1581, provided that: "Notwithstanding other provisions of law or regulations to the contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days after the date of the enactment of this Act [Aug. 23, 1994], a process through which airport sponsors may take advantage of cost savings associated with the purchase and installation of instrument landing systems, along with associated equipment, under existing or future Federal Aviation Administration contracts. The process established by the Administrator may provide for the direct reimbursement (including administrative costs) of the Administrator by an airport sponsor using grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement, for the ordering of such equipment and installation or for the direct ordering of such equipment and installation by an airport sponsor, using such grant funds, from the suppliers with which the Administrator has contracted."

Grandfather Provision for FAA Demonstration Project

Pub. L. 103–260, title IV, §401, May 26, 1994, 108 Stat. 702, provided that:

"(a) In general.—Notwithstanding the termination of the personnel demonstration project for certain Federal Aviation Administration employees on June 17, 1994, pursuant to section 4703 of title 5, United States Code, the Federal Aviation Administration, subject to subsection (d), shall continue to pay quarterly retention allowance payments in accordance with subsection (b) to those employees who are entitled to quarterly retention allowance payments under the demonstration project as of June 16, 1994.

"(b) Computation Rules.—

"(1) In general.—The amount of each quarterly retention allowance payment to which an employee is entitled under subsection (a) shall be the amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994, reduced by that portion of the amount of any increase in the employee's annual rate of basic pay subsequent to June 17, 1994, from any source, which is allocable to the quarter for which the allowance is to be paid (or, if applicable, to that portion of the quarter for which the allowance is to be paid). For purposes of the preceding sentence, the increase in an employee's annual rate of basic pay includes—

"(A) any increase under section 5303 of title 5, United States Code;

"(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note));

"(C) any establishment or increase in a special rate of pay under section 5305 of such title 5;

"(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5;

"(E) any periodic step-increase under section 5335 of such title 5;

"(F) any additional step-increase under section 5336 of such title 5; and

"(G) any other increase in annual rate of basic pay under any other provision of law.

"(2) Section rule.—In the case of an employee on leave without pay or other similar status for any part of the quarter prior to June 17, 1994, based on which the amount of the allowance payments for such employee under subsection (a) are computed, the 'amount of the last quarterly retention allowance payment paid to such employee under the personnel demonstration project prior to June 17, 1994' shall, for purposes of paragraph (1), be deemed to be the amount of the allowance which would have been payable to such employee for such quarter under such project had such employee been in pay status throughout such quarter.

"(c) Termination.—An employee's entitlement to quarterly retention allowance payments under this section shall cease when—

"(1) the amount of such allowance is reduced to zero under subsection (b), or

"(2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to receive an allowance under the demonstration project,

whichever is earlier.

"(d) Special Payment Rule.—The Administrator of the Federal Aviation Administration may make payment for the costs incurred under the program established by subsection (a) for the period between June 18, 1994, and September 30, 1994, following the end of the first full pay period that begins on or after October 1, 1994, subject to appropriations made available in fiscal year 1995.

"(e) Study of Recruitment and Retention Incentives.—The Administrator of the Federal Aviation Administration shall conduct a study of impediments that may exist to achieving appropriate air traffic controller staffing levels at hard-to-staff facilities. In conducting such study, the Administrator shall identify and evaluate the extent to which special incentives, of a financial or non-financial nature, could be useful in recruiting or retaining air traffic controllers at such facilities. The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than 180 days after the date of enactment of this Act [May 26, 1994] a report on (1) the results of such study, (2) planned administrative actions, and (3) any recommended legislation."

Definitions Applicable in Pub. L. 118–63

Pub. L. 118–63, title IX, §901, May 16, 2024, 138 Stat. 1341, provided that: "Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle [subtitle A (§§901–937) of title IX of Pub. L. 118–63, see Tables for classification]."

§44503. Reducing nonessential expenditures

The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent practicable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required to be recovered from user charges.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44503 49 App.:1704. July 12, 1976, Pub. L. 94–353, §25, 90 Stat. 885.

The words "in accordance with this section" and "due" are omitted as surplus. The word "personnel" is substituted for "manpower" for consistency in the revised title.

§44504. Improved aircraft, aircraft engines, propellers, and appliances

(a) Developmental Work and Service Testing.—The Administrator of the Federal Aviation Administration may conduct or supervise developmental work and service testing to improve aircraft, aircraft engines, propellers, and appliances.

(b) Research.—The Administrator shall conduct or supervise research—

(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety;

(2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures;

(3) to assess the fire and smoke resistance of aircraft material;

(4) to develop improved fire and smoke resistant material for aircraft interiors;

(5) to develop and improve fire and smoke containment systems for inflight aircraft fires;

(6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards;

(7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and

(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system.


(c) Authority To Buy Items Offering Special Advantages.—In carrying out this section, the Administrator, by negotiation or otherwise, may buy or exchange experimental aircraft, aircraft engines, propellers, and appliances that the Administrator decides may offer special advantages to aeronautics.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176; Pub. L. 106–181, title IX, §904, Apr. 5, 2000, 114 Stat. 196; Pub. L. 112–95, title IX, §903(a), Feb. 14, 2012, 126 Stat. 138.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44504(a) 49 App.:1353(b) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, §312(b) (1st, last sentences), 72 Stat. 752.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44504(b) 49 App.:1353(b) (2d sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(b) (2d sentence); added Nov. 3, 1988, Pub. L. 100–591, §2, 102 Stat. 3011; Nov. 5, 1990, Pub. L. 101–508, §9208(a), 104 Stat. 1388–376.
44504(c) 49 App.:1353(b) (last sentence)
  49 App.:1655(c)(1).

In this section, the word "Administrator" in section 312(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g).

In subsection (a), the words "to improve" are substituted for "such . . . as tends to the creation of improved" to eliminate unnecessary words.


Editorial Notes

Amendments

2012—Subsec. (b)(8). Pub. L. 112–95 added par. (8).

2000—Subsec. (b)(1). Pub. L. 106–181 inserted ", including nonstructural aircraft systems," after "life of aircraft".


Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Electric Aircraft Infrastructure Pilot Program

Pub. L. 118–63, title VII, §745, May 16, 2024, 138 Stat. 1282, provided that:

"(a) In General.—The Secretary [of Transportation] may establish a pilot program under which airport sponsors may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out—

"(1) activities associated with the acquisition, by purchase or lease, operation, and installation of equipment to support the operations of electric aircraft, including interoperable electric vehicle charging equipment; and

"(2) the construction or modification of infrastructure to facilitate the delivery of power or services necessary for the use of electric aircraft, including—

"(A) on airport utility upgrades; and

"(B) associated design costs.

"(b) Eligibility.—A public-use airport is eligible for participation in the pilot program under this section if the Secretary finds that funds made available under subsection (a) would support—

"(1) electric aircraft operators at such airport, or using such airport; or

"(2) electric aircraft operators planning to operate at such airport with an associated agreement in place.

"(c) Sunset.—The pilot program established under subsection (a) shall terminate on October 1, 2028."

Next Generation Radio Altimeters

Pub. L. 118–63, title X, §1018, May 16, 2024, 138 Stat. 1397, provided that:

"(a) In General.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in coordination with the aviation and commercial wireless industries, the National Telecommunications and Information Administration, the Federal Communications Commission, and other relevant government stakeholders, shall carry out an accelerated research and development program to inform the development and testing of the standards and technology necessary to ensure appropriate FAA [Federal Aviation Administration] certification actions and industry production that meets the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028.

"(b) Grant Program.—Subject to the availability of appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028.

"(c) Review and Report.—Not later than 180 days after the enactment of this Act, the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] and the Committee on Transportation and Infrastructure of the House of Representatives a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028.

"(d) Rule of Construction.—Nothing in this section shall be construed to apply to efforts to retrofit the existing supply of altimeters in place as of the date of enactment of this Act."

Hydrogen Aviation Strategy

Pub. L. 118–63, title X, §1019, May 16, 2024, 138 Stat. 1398, provided that:

"(a) FAA and Department of Energy Leadership on Using Hydrogen to Propel Commercial Aircraft.—The Secretary [of Transportation], acting through the Administrator [of the Federal Aviation Administration] and jointly with the Secretary of Energy, shall exercise leadership in and shall conduct research and development activities relating to enabling the safe use of hydrogen in civil aviation, including the safe and efficient use and sourcing of hydrogen to propel commercial aircraft.

"(b) Research Strategy.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator, in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other relevant Federal agencies, shall complete the development of a research and development strategy on the safe use of hydrogen in civil aviation.

"(c) Considerations.—The strategy developed under subsection (b) shall consider the following:

"(1) The feasibility, opportunities, challenges, and pathways toward the potential and safe uses of hydrogen in civil aviation.

"(2) The use of hydrogen in addition to electric propulsion to propel commercial aircraft and any related operational efficiencies.

"(d) Exercise of Leadership.—The Secretary, the Administrator, and the Secretary of Energy shall carry out the research activities consistent with the strategy in subsection (b), and that may include the following:

"(1) Establishing positions and goals for the safe use of hydrogen in civil aviation, including to propel commercial aircraft.

"(2) Understanding of the qualification of hydrogen aviation fuel, the safe transition to such fuel for aircraft, the advancement of certification efforts for such fuel, and risk mitigation measures for the use of such fuel in aircraft systems, including propulsion and storage systems.

"(3) Through grant, contract, or interagency agreements, carrying out research and development to understand the contribution that the use of hydrogen would have on civil aviation, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable aviation fuel, and power to liquids or synthetic fuel, and researching ways of accelerating the introduction of hydrogen-propelled aircraft.

"(4) Reviewing grant eligibility requirements, loans, loan guarantees, and other policies and requirements of the FAA [Federal Aviation Administration] and the Department of Energy to identify ways to increase the safe and efficient use of hydrogen in civil aviation.

"(5) Considering the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders in creating policies that enable the safe use of hydrogen in civil aviation.

"(6) Coordinating with NASA, and obtaining input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders regarding—

"(A) the safe and efficient use of hydrogen in civil aviation, including—

"(i) updating or modifying existing policies on such use;

"(ii) assessing barriers to, and benefits of, the introduction of hydrogen in civil aviation, including aircraft propelled by hydrogen;

"(iii) the operational differences between aircraft propelled by hydrogen and aircraft propelled with other types of fuels; and

"(iv) public, economic, and noise benefits of the operation of commercial aircraft propelled by hydrogen and associated aerospace industry activity; and

"(B) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under paragraph (7) that must be addressed in order to enable the safe and efficient use of hydrogen in civil aviation.

"(7) Establish an advisory committee composed of representatives of NASA, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection.

"(e) International Leadership.—The Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that—

"(1) demonstrate global leadership in carrying out the activities required by subsections (a) and (b);

"(2) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under subsection (b);

"(3) consider the needs of fuel cell manufacturers; and

"(4) seek to advance the competitiveness of the United States in the safe use of hydrogen in civil aviation.

"(f) Report to Congress.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing—

"(1) the actions of the Secretary, the Administrator, and the Secretary of Energy to exercise leadership in conducting research relating to the safe and efficient use of hydrogen in civil aviation;

"(2) the planned, proposed, and anticipated actions to update or modify existing policies related to the safe and efficient use of hydrogen in civil aviation, based on the results of the research and development carried out under this section, including such actions identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders identified under subsection (b); and

"(3) a proposed timeline for any such actions pursuant to paragraph (2)."

FAA Leadership In Hydrogen Aviation

Pub. L. 118–63, title XI, §1109, May 16, 2024, 138 Stat. 1418, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall exercise leadership in the development of Federal regulations, standards, best practices, and guidance relating to the safe and efficient certification of the use of hydrogen in civil aviation, including the certification of hydrogen-powered commercial aircraft.

"(b) Exercise of Leadership.—In carrying out subsection (a), the Administrator shall—

"(1) develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying an existing framework, or developing new standards, best practices, or guidance to complement the existing frameworks, as appropriate;

"(2) review certification regulations, guidance, and other requirements of the FAA [Federal Aviation Administration] to identify ways to safely and efficiently certify hydrogen-powered commercial aircraft;

"(3) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when developing regulations and standards that enable the safe certification and deployment of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft, in the national airspace system; and

"(4) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia, research institutions, and other stakeholders regarding—

"(A) an appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft in the United States, which may include updating or modifying existing regulations;

"(B) how to accelerate the resolution of issues related to data, standards development, and related regulations necessary to facilitate the safe and efficient certification of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft; and

"(C) other issues identified and determined appropriate by the Administrator or the advisory committee established under section 1019(d)(7) [of Pub. L. 118–63, set out in a note above] to be addressed to enable the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft."

Alternative Fuel and Low-Emission Aviation Technology Program

Pub. L. 117–169, title IV, §40007, Aug. 16, 2022, 136 Stat. 2030, provided that:

"(a) Appropriation and Establishment.—For purposes of establishing a competitive grant program for eligible entities to carry out projects located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low-emission aviation technologies, in addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2026—

"(1) $244,530,000 for projects relating to the production, transportation, blending, or storage of sustainable aviation fuel;

"(2) $46,530,000 for projects relating to low-emission aviation technologies; and

"(3) $5,940,000 to fund the award of grants under this section, and oversight of the program, by the Secretary.

"(b) Considerations.—In carrying out subsection (a), the Secretary shall consider, with respect to a proposed project—

"(1) the capacity for the eligible entity to increase the domestic production and deployment of sustainable aviation fuel or the use of low-emission aviation technologies among the United States commercial aviation and aerospace industry;

"(2) the projected greenhouse gas emissions from such project, including emissions resulting from the development of the project, and the potential the project has to reduce or displace, on a lifecycle basis, United States greenhouse gas emissions associated with air travel;

"(3) the capacity to create new jobs and develop supply chain partnerships in the United States;

"(4) for projects related to the production of sustainable aviation fuel, the projected lifecycle greenhouse gas emissions benefits from the proposed project, which shall include feedstock and fuel production and potential direct and indirect greenhouse gas emissions (including resulting from changes in land use); and

"(5) the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel, including the use of waste carbon oxides and direct air capture.

"(c) Cost Share.—The Federal share of the cost of a project carried out using grant funds under subsection (a) shall be 75 percent of the total proposed cost of the project, except that such Federal share shall increase to 90 percent of the total proposed cost of the project if the eligible entity is a small hub airport or nonhub airport, as such terms are defined in section 47102 of title 49, United States Code.

"(d) Fuel Emissions Reduction Test.—For purposes of clause (ii) of subsection (e)(7)(E), the Secretary shall, not later than 2 years after the date of enactment of this section [Aug. 16, 2022], adopt at least 1 methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause.

"(e) Definitions.—In this section:

"(1) Eligible entity.—The term 'eligible entity' means—

"(A) a State or local government, including the District of Columbia, other than an airport sponsor;

"(B) an air carrier;

"(C) an airport sponsor;

"(D) an accredited institution of higher education;

"(E) a research institution;

"(F) a person or entity engaged in the production, transportation, blending, or storage of sustainable aviation fuel in the United States or feedstocks in the United States that could be used to produce sustainable aviation fuel;

"(G) a person or entity engaged in the development, demonstration, or application of low-emission aviation technologies; or

"(H) nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels, low-emission aviation technologies, or other clean transportation research programs.

"(2) Feedstock.—The term 'feedstock' means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.

"(3) Induced land-use change values.—The term 'induced land-use change values' means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used.

"(4) Lifecycle greenhouse gas emissions.—The term 'lifecycle greenhouse gas emissions' means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change values.

"(5) Low-emission aviation technologies.—The term 'low-emission aviation technologies' means technologies, produced in the United States, that significantly—

"(A) improve aircraft fuel efficiency;

"(B) increase utilization of sustainable aviation fuel; or

"(C) reduce greenhouse gas emissions produced during operation of civil aircraft.

"(6) Secretary.—The term 'Secretary' means the Secretary of Transportation.

"(7) Sustainable aviation fuel.—The term 'sustainable aviation fuel' means liquid fuel, produced in the United States, that—

"(A) consists of synthesized hydrocarbons;

"(B) meets the requirements of—

"(i) ASTM International Standard D7566; or

"(ii) the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);

"(C) is derived from biomass (in a similar manner as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 45K(c)(3)]), waste streams, renewable energy sources, or gaseous carbon oxides;

"(D) is not derived from palm fatty acid distillates; and

"(E) achieves at least a 50 percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel, as determined by a test that shows—

"(i) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle emissions and the induced land-use change values under a lifecycle methodology for sustainable aviation fuels similar to that adopted by the International Civil Aviation Organization with the agreement of the United States; or

"(ii) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle greenhouse gas emissions values and the induced land-use change values under another methodology that the Secretary determines is—

     "(I) reflective of the latest scientific understanding of lifecycle greenhouse gas emissions; and

     "(II) as stringent as the requirement under clause (i)."

Crash-Resistant Fuel Systems

Pub. L. 114–190, title II, §2105, July 15, 2016, 130 Stat. 620, provided that: "Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall evaluate and update, as necessary, standards for crash-resistant fuel systems for civilian rotorcraft."

Aviation Fuel Research and Development Program

Pub. L. 112–95, title IX, §910, Feb. 14, 2012, 126 Stat. 141, provided that:

"(a) In General.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of NASA [National Aeronautics and Space Administration], shall continue research and development activities into the qualification of an unleaded aviation fuel and safe transition to this fuel for the fleet of piston engine aircraft.

"(b) Requirements.—In carrying out the program under subsection (a), the Administrator shall, at a minimum—

"(1) not later than 120 days after the date of enactment of this Act [Feb. 14, 2012], develop a research and development plan containing the specific research and development objectives, including consideration of aviation safety, technical feasibility, and other relevant factors, and the anticipated timetable for achieving the objectives;

"(2) assess the methods and processes by which the FAA and industry may expeditiously certify and approve new aircraft and recertify existing aircraft with respect to unleaded aviation fuel;

"(3) assess technologies that modify existing piston engine aircraft to enable safe operation of the aircraft using unleaded aviation fuel and determine the resources necessary to certify those technologies; and

"(4) develop recommendations for appropriate policies and guidelines to facilitate a transition to unleaded aviation fuel for piston engine aircraft.

"(c) Collaboration.—In carrying out the program under subsection (a), the Administrator shall collaborate with—

"(1) industry groups representing aviation consumers, manufacturers, and fuel producers and distributors; and

"(2) other appropriate Federal agencies.

"(d) Report.—Not later than 270 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the plan, information obtained, and policies and guidelines developed pursuant to subsection (b)."

Research Program on Alternative Jet Fuel Technology for Civil Aircraft

Pub. L. 112–95, title IX, §911, Feb. 14, 2012, 126 Stat. 142, provided that:

"(a) In General.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration (FAA)] shall establish a research program to assist in the development and qualification of jet fuel from alternative sources (such as natural gas, biomass, ethanol, butanol, and hydrogen) and other renewable sources.

"(b) Authority To Make Grants.—The Administrator shall carry out the program through the use of grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.

"(c) Participation in Program.—

"(1) Participation of educational and research institutions.—In carrying out the program, the Administrator shall include participation by—

"(A) educational and research institutions that have existing facilities and leverage private sector partnerships; and

"(B) consortia with experience across the supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel.

"(2) Use of nasa facilities.—In carrying out the program, the Administrator shall consider utilizing the existing capacity in aeronautics research at Langley Research Center, Glenn Research Center [renamed NASA John H. Glenn Research Center at the Neil A. Armstrong Test Facility by Pub. L. 116–263, 134 Stat. 3316], and other appropriate facilities of NASA [National Aeronautics and Space Administration].

"(d) Designation of Institution as a Center of Excellence.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator may designate an institution described in subsection (c)(1)(A) as a Center of Excellence for Alternative Jet-Fuel Research in Civil Aircraft.

"(2) Effect of designation.—The center designated under paragraph (1) shall become, upon its designation—

"(A) a member of the Consortium for Continuous Low Energy, Emissions, and Noise of the FAA; and

"(B) part of a Joint Center of Excellence with the Partnership for Air Transportation Noise and Emission Reduction FAA Center of Excellence."

Production of Clean Coal Fuel Technology for Civilian Aircraft

Pub. L. 112–95, title IX, §914, Feb. 14, 2012, 126 Stat. 144, provided that:

"(a) Establishment of Research Program.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration] shall establish a research program related to developing jet fuel from clean coal.

"(b) Authority To Make Grants.—The Administrator shall carry out the program through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.

"(c) Participation in Program.—In carrying out the program, the Administrator shall include participation by educational and research institutions that have existing facilities and experience in the development and deployment of technology that processes coal into aviation fuel.

"(d) Designation of Institution as a Center of Excellence.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator may designate an institution described in subsection (c) as a Center of Excellence for Coal-to-Jet-Fuel Research."

Research and Development of Equipment To Clean and Monitor the Engine and APU Bleed Air Supplied on Pressurized Aircraft

Pub. L. 112–95, title IX, §917, Feb. 14, 2012, 126 Stat. 145, provided that:

"(a) In General.—Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator [of the Federal Aviation Administration], to the extent practicable, shall implement a research program for the identification or development of appropriate and effective air cleaning technology and sensor technology for the engine and auxiliary power unit bleed air supplied to the passenger cabin and flight deck of a pressurized aircraft.

"(b) Technology Requirements.—The technology referred to in subsection (a) shall have the capacity, at a minimum—

"(1) to remove oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and

"(2) to detect and record oil-based contaminants in the portion of the total air supplied to the passenger cabin and flight deck from bleed air.

"(c) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives a report on the results of the research and development work carried out under this section."

FAA Center for Excellence for Applied Research and Training in the Use of Advanced Materials in Transport Aircraft

Pub. L. 108–176, title VII, §708, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title IX, §916, Feb. 14, 2012, 126 Stat. 145, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall develop a Center for Excellence focused on applied research and training on the durability and maintainability of advanced materials in transport airframe structures. The Center shall—

"(1) promote and facilitate collaboration among academia, the Federal Aviation Administration's Transportation Division, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and

"(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $500,000 for each of fiscal years 2012 through 2015 to carry out this section."

Rotorcraft Research and Development Initiative

Pub. L. 108–176, title VII, §711, Dec. 12, 2003, 117 Stat. 2585, provided that:

"(a) Objective.—The Administrator of the Federal Aviation Administration shall establish a rotorcraft initiative with the objective of developing, and demonstrating in a relevant environment, within 10 years after the date of the enactment of this Act [Dec. 12, 2003], technologies to enable rotorcraft with the following improvements relative to rotorcraft existing as of the date of the enactment of this Act:

"(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer.

"(2) Factor of 10 reduction in vibration.

"(3) 30 percent reduction in empty weight.

"(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment of this Act.

"(5) Capability for zero-ceiling, zero-visibility operations.

"(b) Implementation.—Within 180 days after the date of the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall provide a plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate for the implementation of the initiative described in subsection (a)."

Specialty Metals Consortium

Pub. L. 106–181, title VII, §742, Apr. 5, 2000, 114 Stat. 175, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] may work with a consortium of domestic metal producers and aircraft engine manufacturers to improve the quality of turbine engine materials and to address melting technology enhancements.

"(b) Report.—Not later than 6 months after entering into an agreement with a consortium described in subsection (a), the Administrator shall transmit to Congress a report on the goals and efforts of the consortium."

§44505. Systems, procedures, facilities, services, and devices

(a) General Requirements.—(1) The Administrator of the Federal Aviation Administration shall—

(A) develop, alter, test, and evaluate systems, procedures, facilities, services, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and

(B) select systems, procedures, facilities, services, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.


(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.

(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.

(b) Research on Human Factors and Simulation Models.—The Administrator shall conduct or supervise research—

(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;

(2) to enhance air traffic controller, mechanic, and flight crew performance;

(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;

(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety;

(5) to develop or procure dynamic simulation models and tools of the air traffic control system and airport design and operating procedures that will provide analytical technology—

(A) to predict airport and air traffic control safety and capacity problems;

(B) to evaluate planned research projects; and

(C) to test proposed revisions in airport and air traffic control operations programs;


(6) to develop a better understanding of the relationship between human factors and unmanned aircraft system safety; and

(7) to develop or procure dynamic simulation models and tools for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.


(c) Research on Developing and Maintaining a Safe and Efficient System.—The Administrator shall conduct or supervise research on—

(1) airspace and airport planning and design;

(2) airport capacity enhancement techniques;

(3) human performance in the air transportation environment;

(4) aviation safety and security;

(5) the supply of trained air transportation personnel, including pilots and mechanics; and

(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.


(d) Research on Design for Certification.—

(1) Research.—Not later than 1 year after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall conduct research on methods and procedures to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.

(2) Research plan.—Not later than 6 months after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall develop a plan for the research under paragraph (1) that contains objectives, proposed tasks, milestones, and a 5-year budgetary profile.

(3) Review.—The Administrator shall enter into an arrangement with the National Research Council to conduct an independent review of the plan developed under paragraph (2) and shall provide the results of that review to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of the FAA Modernization and Reform Act of 2012.


(e) Cooperative Agreements.—The Administrator may enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities that the Administrator may select in order to conduct, encourage, and promote aviation research, engineering, and development, including the development of prototypes and demonstration models.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1177; Pub. L. 103–305, title III, §307, Aug. 23, 1994, 108 Stat. 1593; Pub. L. 112–95, title IX, §§903(b), 905, Feb. 14, 2012, 126 Stat. 138, 139; Pub. L. 118–63, title VI, §618(b)(1), May 16, 2024, 138 Stat. 1231.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44505(a)(1) 49 App.:1353(c) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, §312(c) (1st, 5th–last sentences), 72 Stat. 752.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44505(a)(2) 49 App.:1353(c) (5th sentence).
  49 App.:1655(c)(1).
44505(a)(3) 49 App.:1353(c) (6th, last sentences).
  49 App.:1655(c)(1).
44505(b) 49 App.:1353(c) (2d, 3d sentences). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(c) (2d, 3d sentences); added Nov. 3, 1988, Pub. L. 100–591, §3, 102 Stat. 3011.
44505(c) 49 App.:1353(c) (4th sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(c) (4th sentence); added Nov. 5, 1990, Pub. L. 101–508, §9209(c), 104 Stat. 1388–378.

In this section, the word "Administrator" in section 312(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g).

In subsection (a)(1) and (3), the words "the armed forces" are substituted for "military agencies" and "the military" because of the definition of "armed forces" in 10:101.

In subsection (a)(3), the words "military department" are substituted for "military agency" because of the definition of "military department" in 10:101. The words "the needs of" and "to the maximum extent necessary" are omitted as surplus.


Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2024Pub. L. 118–63, §618(b)(1)(A), substituted "services, and devices" for "and devices" in section catchline.

Subsec. (a)(1). Pub. L. 118–63, §618(b)(1)(B), substituted "services, and devices" for "and devices" in subpars. (A) and (B).

Subsec. (b)(5), (7). Pub. L. 118–63, §618(b)(1)(C), substituted "develop or procure dynamic simulation models and tools" for "develop dynamic simulation models".

2012—Subsec. (b)(6), (7). Pub. L. 112–95, §903(b), added pars. (6) and (7).

Subsecs. (d), (e). Pub. L. 112–95, §905, added subsec. (d) and redesignated former subsec. (d) as (e).

1994—Subsec. (d). Pub. L. 103–305 added subsec. (d).


Statutory Notes and Related Subsidiaries

Reducing Turbulence-Related Injuries on Part 121 Aircraft Operations

Pub. L. 118–63, title III, §321, May 16, 2024, 138 Stat. 1083, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled 'Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121', issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] with any planned actions in response to the recommendations of the report.

"(b) Implementation.—Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a).

"(c) Report.—

"(1) In general.—Not later than 2 years after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of—

"(A) the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or

"(B) the date that is 10 years after the date of enactment of this Act.

"(2) Contents.—If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation."

Flight Profile Optimization

Pub. L. 118–63, title VI, §609, May 16, 2024, 138 Stat. 1225, provided that:

"(a) Pilot Program.—

"(1) Establishment.—The Administrator [of the Federal Aviation Administration] shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as 'FPO') into the trajectory based-operations air traffic flow management system of the FAA [Federal Aviation Administration].

"(2) Considerations.—In establishing the pilot program under paragraph (1), the Administrator shall consider the following:

"(A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft.

"(B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings.

"(C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the performance of the FAA in carrying out air traffic flow management system development projects.

"(D) Any other information the Administrator determines appropriate.

"(3) Application.—To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require.

"(4) Maximum amount.—A grant awarded under the program may not exceed $2,000,000 to a single air traffic flow management technology provider.

"(b) Briefing to Congress.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and annually thereafter until the termination of the pilot program under subsection (d) established under this section, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the progress of such pilot program, including any implementation challenges of the program, detailed metrics of the program, and any recommendations to achieve the adoption of FPO.

"(c) Trajectory-based Operations Defined.—In this section, the term 'trajectory-based operations' means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.

"(d) Sunset.—The pilot program under this section shall terminate on October 1, 2028."

Aeronautical Mobile Communications Services

Pub. L. 118–63, title VI, §613, May 16, 2024, 138 Stat. 1227, provided that:

"(a) Satellite Voice Communications Services.—The Administrator [of the Federal Aviation Administration] shall evaluate the addition of satellite voice communication services (in this section referred to as 'SatVoice') to the Aeronautical Mobile Communications program (in this section referred to as the 'AMCS program') that provides for the delivery of air traffic control messages in oceanic and remote continental airspace.

"(b) Analysis and Implementation Procedures.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the controlled oceanic and remote continental airspace regions of the FAA [Federal Aviation Administration].

"(c) Requirements.—The analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following:

"(1) Network and protocol testing and integration with satellite service providers.

"(2) Operational testing with aircraft to identify and resolve performance issues.

"(3) A definition of Satcom Standards and Recommended Practices established through a collaboration with the International Civil Aviation Organization, which shall include an RCP–130 performance standard as well as SatVoice standards.

"(4) Training for radio operators on new operation procedures and protocols.

"(5) A phased implementation plan for incorporating SatVoice services into the AMCS program.

"(6) The estimated cost of the implementation procedures for relevant stakeholders.

"(d) HF/VHF Minimum Equipage.—

"(1) Rule of construction.—Nothing in this section shall be construed to affect the HF/VHF equipage requirement for communications in oceanic and remote continental airspace as of the date of enactment of this Act.

"(2) Maintenance of hf/vhf services.—The Administrator shall maintain HF/VHF services existing as of the date of enactment of this Act as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage."

Delivery of Clearance to Pilots Via Internet Protocol

Pub. L. 118–63, title VI, §614, May 16, 2024, 138 Stat. 1228, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish a pilot program to conduct testing and an evaluation to determine the feasibility of the use, in air traffic control towers, of technology for mobile clearance delivery for general aviation and on-demand air carriers operating under part 135 of title 14, Code of Federal Regulations, at suitable airports that do not have tower data link services.

"(b) Airport Selection.—

"(1) In general.—The Administrator shall designate 5 suitable airports for participation in the program established under subsection (a) after consultation with the exclusive representatives of air traffic controllers certified under section 7111 of title 5, United States Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and aircraft operators

"(2) Airport size and complexity.—In designating airports under paragraph (1), the Administrator shall designate airports of different size and complexity.

"(c) Program Objective.—The program established under subsection (a) shall address and include safety, security, and operational requirements for mobile clearance delivery at airports and heliports across the United States.

"(d) Report.—Not later than 1 year after the date on which the program under subsection (a) is established, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the safety, security, and operational performance of mobile clearance delivery at airports pursuant to this section and recommendations on how best to improve the program.

"(e) Definitions.—In this section:

"(1) Mobile clearance delivery.—The term 'mobile clearance delivery' means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while aircraft are on the ground where traditional data link installations are not feasible or possible.

"(2) Tower data link services.—The term 'tower data link services' means communications between controllers and pilots using controller-pilot data link communications.

"(3) Suitable airport.—The term 'suitable airport' means towered airports, non-towered airports, and heliports."

Audit of Legacy Systems

Pub. L. 118–63, title VI, §622, May 16, 2024, 138 Stat. 1237, provided that:

"(a) In General.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall initiate an audit of all legacy systems of the national airspace system to determine the level of operational risk, functionality, and security of such systems and the compatibility of such systems with current and future technology.

"(b) Scope of Audit.—The audit required under subsection (a)—

"(1) shall be conducted by an independent third-party contractor or a federally funded research and development center selected by the Administrator;

"(2) shall include an assessment of whether a legacy system is an outdated, insufficient, unsafe, or unstable legacy system;

"(3) with respect to any legacy systems identified in the audit as an outdated, insufficient, unsafe, or unstable legacy system, shall include—

"(A) an analysis of the operational risks associated with using such legacy systems;

"(B) recommendations for replacement or enhancement of such legacy systems; and

"(C) an analysis of any potential impact on aviation safety and efficiency; and

"(4) shall include recommended performance metrics by which the Administrator can assess the circumstances in which safety-critical communication, navigation, and surveillance aviation infrastructure within the national airspace system can remain in operational service, which take into account—

"(A) the expected lifespan of such aviation infrastructure;

"(B) the number and type of mechanical failures of such aviation infrastructure;

"(C) the average annual costs of maintaining such aviation infrastructure over a 5-year period and whether such costs exceed the cost to replace such aviation infrastructure; and

"(D) the availability of replacement parts or labor capable of maintaining such aviation infrastructure.

"(c) Deadline.—Not later than 15 months after the date of enactment of this Act, the audit required under subsection (a) shall be completed.

"(d) Report.—Not later than 180 days after the audit required under subsection (a) is completed, the Administrator shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the findings and recommendations of such audit, including—

"(1) an inventory of the legacy systems in use;

"(2) an assessment of the operational condition of the legacy systems in use, including the interoperability of such systems;

"(3) the average age of such legacy systems and, for each such legacy system, the intended design life of the system, by type; and

"(4) the availability of replacement parts, equipment, or technology to maintain such legacy systems.

"(e) Plan to Accelerate Drawdown, Replacement, or Enhancement of Identified Legacy Systems.—

"(1) In general.—Not later than 120 days after the date on which the Administrator provides the report under subsection (d), the Administrator shall develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required under subsection (a) as outdated, insufficient, unsafe, or unstable legacy systems.

"(2) Priorities.—In developing the plan under paragraph (1), the Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to aviation safety and the costs associated with the replacement or enhancement of such legacy systems.

"(3) Collaboration with external experts.—In carrying out this subsection, the Administrator shall—

"(A) collaborate with industry representatives and other external experts in information technology to develop the plan under paragraph (1) within a reasonable timeframe;

"(B) identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meet the technical information technology needs of the FAA [Federal Aviation Administration]; and

"(C) maintain consistency with the acquisition management system established and updated pursuant to section 40110(d) of title 49, United States Code.

"(4) Progress updates.—The Administrator shall provide the appropriate committees of Congress with semiannual updates through September 30, 2028 on the progress made in carrying out the plan under paragraph (1).

"(5) Inspector general review.—

"(A) In general.—Not later than 3 years after the Administrator develops the plan required under paragraph (1), the inspector general of the Department of Transportation shall assess such efforts of the Administration to drawdown, replace, or enhance any legacy systems identified under subsection (a).

"(B) Report.—The inspector general shall submit to the appropriate committees of Congress a report on the results of the review carried out under subparagraph (A).

"(f) Definitions.—In this section:

"(1) Industry.—The term 'industry' means aviation industry organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization standards.

"(2) Legacy system.—The term 'legacy system' means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure, or other critical software and hardware systems owned by the FAA, that were deployed prior to the year 2000, including the Notice to Air Missions system.

"(3) Outdated, insufficient, unsafe, or unstable legacy system.—The term 'outdated, insufficient, unsafe, or unstable legacy system' means a legacy system for which the likelihood of failure of such system creates a risk to air safety or security due to the age, ability to be maintained in a cost-effective manner, vulnerability to degradation, errors, or malicious attacks of such system, or any other factors that may compromise the performance or security of such system, including a legacy system—

"(A) that is vulnerable or susceptible to mechanical failure; and

"(B) with a risk of a single point of failure or that lacks sufficient contingencies in the event of such failure."

Radar Data Pilot Program

Pub. L. 118–63, title IX, §905, May 16, 2024, 138 Stat. 1341, provided that:

"(a) Sensitive Radar Data Feed Pilot Program.—Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in coordination with the Secretary of Defense, and other heads of relevant Federal agencies, shall establish a pilot program to make airspace data feeds containing controlled unclassified information available to qualified users (as determined by the Administrator), consistent with subsection (b).

"(b) Authorization.—In carrying out subsection (a), the Administrator, in coordination with the Secretary of Defense and other heads of relevant Federal agencies, shall establish a process to authorize qualified users to receive airspace data feeds containing controlled unclassified information related to air traffic within the national airspace system and use such information in an agreed upon manner to—

"(1) provide and enable—

"(A) air traffic management services; and

"(B) unmanned aircraft system traffic management services; or

"(2) to test technologies that may enable or enhance the provision of the services described in paragraph (1).

"(c) Consultation.—In establishing the process described in subsection (b), the Administrator shall consult with representatives of the unmanned aircraft systems industry and related technical groups to identify an efficient, secure, and effective format and method for providing data described in this section.

"(d) Briefing.—Not later than 90 days after establishing the pilot program under subsection (a), and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the findings of the pilot program established under this section.

"(e) Sunset.—This section shall cease to be effective on October 1, 2028."

[For definition of "unmanned aircraft system" as used in section 905 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Research and Development OF FAA's Aeronautical Information Systems Modernization Activities

Pub. L. 118–63, title X, §1016, May 16, 2024, 138 Stat. 1395, provided that:

"(a) In General.—Using amounts made available under section 48102(a) of title 49, United States Code, and subject to the availability of appropriations, the Administrator [of the Federal Aviation Administration], in coordination with the John A. Volpe National Transportation Systems Center, shall establish a research and development program, not later than 60 days after the date of enactment of this Act [May 16, 2024], to inform the continuous modernization of the aeronautical information systems of the FAA [Federal Aviation Administration], including—

"(1) the Aeronautical Information Management Modernization, including the Notice to Air Missions system of the FAA;

"(2) the Aviation Safety Information Analysis and Sharing system; and

"(3) the Service Difficulty Reporting System.

"(b) Review and Report.—

"(1) Review.—Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of the aeronautical information systems of the FAA. Such review shall identify opportunities for additional coordination between the Administrator and the John A. Volpe National Transportation Systems Center to further modernize such systems.

"(2) Report.—Not later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator, the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate], and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review conducted under paragraph (1) and such recommendations as the Center determines appropriate."

Air Traffic Surveillance Over United States Controlled Oceanic Airspace and Other Remote Locations

Pub. L. 118–63, title X, §1021, May 16, 2024, 138 Stat. 1400, provided that:

"(a) Persistent Aviation Surveillance Over Oceans and Remote Locations.—Subject to the availability of appropriations, the Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and other relevant Federal agencies, shall carry out research, development, demonstration, and testing to enable civil aviation surveillance over oceans and other remote locations to improve safety.

"(b) Report.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report on the activities carried out under this section.

"(c) Rule of Construction.—Nothing in this section shall be construed to duplicate existing efforts conducted by the Administrator, in coordination with other Federal agencies."

Electromagnetic Spectrum Research and Development

Pub. L. 118–63, title X, §1026, May 16, 2024, 138 Stat. 1402, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration], in consultation with the National Telecommunications and Information Administration and the Federal Communications Commission, shall conduct research, engineering, and development related to the effective and efficient use and management of radio frequency spectrum in the civil aviation domain, including for aircraft, unmanned aircraft systems, and advanced air mobility.

"(b) Contents.—The research, engineering, and development conducted under subsection (a) shall, at a minimum, address the following:

"(1) How reallocation or repurposing of radio frequency spectrum adjacent to spectrum allocated for communication, navigation, and surveillance may impact the safety of civil aviation.

"(2) The effectiveness of measures to identify risks, protect, and mitigate against spectrum interference in frequency bands used in civil aviation operations to ensure public safety.

"(3) The identification of any emerging civil aviation systems and their anticipated spectrum requirements.

"(4) The implications of paragraphs (1) through (3) on existing civil aviation systems that use radio frequency spectrum, including on the operational specifications of such systems, as it relates to existing and to future radio frequency spectrum requirements for civil aviation.

"(c) Report.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report containing the results of the research, engineering, and development conducted under subsection (a)."

Turbulence Research and Development

Pub. L. 118–63, title X, §1030, May 16, 2024, 138 Stat. 1404, provided that:

"(a) In General.—Subject to the availability of appropriations, the Administrator [of the Federal Aviation Administration], in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, and in consultation with the Administrator of NASA [National Aeronautics and Space Administration], shall carry out applied research and development to—

"(1) enhance the monitoring and understanding of severe turbulence, including clear-air turbulence; and

"(2) inform the development of measures to mitigate safety impacts on crew and the flying public that may result from severe turbulence.

"(b) Research and Development Activities.—In carrying out the research and development under subsection (a), the Administrator shall—

"(1) establish processes and procedures for comprehensive and systematic data collection, through both instrumentation and pilot reporting, of severe turbulence, including clear-air turbulence;

"(2) establish measures for storing and managing such data collection;

"(3) support measures for monitoring and characterizing incidents of severe turbulence;

"(4) consider relevant existing research and development from other entities, including Federal departments and agencies, academia, and the private sector; and

"(5) carry out research and development—

"(A) to understand the impacts of relevant factors on the nature of turbulence, including severe turbulence and clear-air turbulence;

"(B) to enhance turbulence forecasts for flight planning and execution, seasonal predictions for schedule and route-planning, and long-term projections of severe turbulence, including clear-air turbulence; and

"(C) on other subject matters areas related to severe turbulence, as determined by the Administrator; and

"(6) support the effective transition of the results of research and development to operations, in cases in which such transition is appropriate.

"(c) Duplicative Research and Development Activities.—The Administrator shall ensure that research and development activities under this section do not duplicate other Federal programs relating to turbulence.

"(d) Turbulence Data.—

"(1) Commercial providers.—In carrying out the research and development under subsection (a) and the activities described in subsection (b), the Administrator may enter into agreements with commercial providers for the following:

"(A) The purchase of turbulence data.

"(B) The placement on aircraft of instruments relevant to understanding and monitoring turbulence.

"(2) Data access.—The Administrator shall make the data collected under subsection (b) widely available and accessible to the scientific research, user, and stakeholder communities, including the Administrator of the National Oceanic and Atmospheric Administration, to the greatest extent practicable and in accordance with FAA [Federal Aviation Administration] data management policies.

"(e) Report on Turbulence Research.—Not later than 15 months after the date of enactment of this Act [May 16, 2024], the Administrator, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report that—

"(1) details the activities conducted under this section, including how the requirements of subsection (b) have contributed to the goals described in paragraphs (1) and (2) of subsection (a);

"(2) assesses the current state of scientific understanding of the causes, occurrence rates, and past and projected future trends in occurrence rates of severe turbulence, including clear-air turbulence;

"(3) describes the processes and procedures for collecting, storing, and managing, data in pursuant to subsection (b);

"(4) assesses—

"(A) the use of commercial providers pursuant to subsection (d)(1); and

"(B) the need for any future Federal Government collection or procurement of data and instruments related to turbulence, including an assessment of costs;

"(5) describes how such data will be made available to the scientific research, user, and stakeholder communities; and

"(6) identifies future research and development needed to inform the development of measures to predict and mitigate the safety impacts that may result from severe turbulence, including clear-air turbulence."

Research and Deployment of Certain Airfield Pavement Technologies

Pub. L. 115–254, div. B, title VII, §744, Oct. 5, 2018, 132 Stat. 3413, as amended by Pub. L. 118–63, title X, §1014, May 16, 2024, 138 Stat. 1393, provided that: "Using amounts made available under section 48102(a) of title 49, United States Code, the Secretary [of Transportation] may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit organizations that—

"(1) research concrete and asphalt pavement technologies that extend the life of airfield pavements;

"(2) develop sustainability and resiliency guidelines to improve long-term pavement performance;

"(3) develop and conduct training with respect to such airfield pavement technologies;

"(4) provide for demonstration projects of such airfield pavement technologies; and

"(5) promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements."

Aircraft Departure Queue Management Pilot Program

Pub. L. 112–95, title V, §507, Feb. 14, 2012, 126 Stat. 106, as amended by Pub. L. 115–254, div. B, title V, §539(t), Oct. 5, 2018, 132 Stat. 3372, provided that:

"(a) In General.—The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) of title 49, United States Code, to test air traffic flow management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft.

"(b) Selection Criteria.—In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program.

"(c) Maximum Amount.—Not more than a total of $2,500,000 may be expended under the pilot program at any single public-use airport."

Research Program on Runways

Pub. L. 112–95, title IX, §904, Feb. 14, 2012, 126 Stat. 139, provided that: "Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration] shall continue to carry out a research program under which the Administrator may make grants to and enter into cooperative agreements with institutions of higher education and pavement research organizations for research and technology demonstrations related to—

"(1) the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pavements; and

"(2) engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier operations."

Wake Turbulence, Volcanic Ash, and Weather Research

Pub. L. 112–95, title IX, §915, Feb. 14, 2012, 126 Stat. 144, provided that: "Not later than 60 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator [of the Federal Aviation Administration] shall—

"(1) initiate an evaluation of proposals related to research on the nature of wake vortexes that would increase national airspace system capacity by reducing existing spacing requirements between aircraft of all sizes;

"(2) begin implementation of a system to improve volcanic ash avoidance options for aircraft, including the development of a volcanic ash warning and notification system for aviation; and

"(3) coordinate with NOAA [National Oceanic and Atmospheric Administration], NASA [National Aeronautics and Space Administration], and other appropriate Federal agencies to conduct research to reduce the hazards presented to commercial aviation related to—

"(A) ground de-icing and anti-icing, ice pellets, and freezing drizzle;

"(B) oceanic weather, including convective weather;

"(C) en route turbulence prediction and detection; and

"(D) all hazards during oceanic operations, where commercial traffic is high and only rudimentary satellite sensing is available."

Assessment of Wake Turbulence Research and Development Program

Pub. L. 108–176, title V, §505, Dec. 12, 2003, 117 Stat. 2559, required the Administrator of the Federal Aviation Administration to enter into an arrangement with the National Research Council for an assessment of the Federal Aviation Administration's proposed wake turbulence research and development program and required that a report on the assessment be provided to Committees of Congress not later than 1 year after Dec. 12, 2003.

Ensuring Appropriate Standards for Airfield Pavements

Pub. L. 108–176, title VII, §705, Dec. 12, 2003, 117 Stat. 2581, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall review and determine whether the Federal Aviation Administration's standards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accordance with the Federal Aviation Administration's standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Administrator shall make appropriate adjustments to the Federal Aviation Administration's standards for airfield pavements.

"(b) Report.—Within 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall report the results of the review conducted under subsection (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure and Committee on Science [now Committee on Science, Space, and Technology]."

Use of Recycled Materials

Pub. L. 106–181, title I, §157, Apr. 5, 2000, 114 Stat. 89, provided that:

"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the use of recycled materials (including recycled pavements, waste materials, and byproducts) in pavement used for runways, taxiways, and aprons and the specification standards in tests necessary for the use of recycled materials in such pavement. The primary focus of the study shall be on the long-term physical performance, safety implications, and environmental benefits of using recycled materials in aviation pavement.

"(b) Contracting.—The Administrator may carry out the study by entering into a contract with a university of higher education with expertise necessary to carry out the study.

"(c) Report.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study, together with recommendations concerning the use of recycled materials in aviation pavement.

"(d) Funding.—Of the amounts appropriated pursuant to section 106(k) of title 49, United States Code, not to exceed $1,500,000 may be used to carry out this section."

Airfield Pavement Conditions

Pub. L. 106–181, title I, §160, Apr. 5, 2000, 114 Stat. 90, provided that:

"(a) Evaluation of Options.—The Administrator [of the Federal Aviation Administration] shall evaluate options for improving the quality of information available to the Federal Aviation Administration on airfield pavement conditions for airports that are part of the national air transportation system, including—

"(1) improving the existing runway condition information contained in the airport safety data program by reviewing and revising rating criteria and providing increased training for inspectors;

"(2) requiring such airports to submit pavement condition index information as part of their airport master plan or as support in applications for airport improvement grants; and

"(3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condition database that could be used in evaluating the cost-effectiveness of project applications and forecasting anticipated pavement needs.

"(b) Report to Congress.—Not later than 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit a report containing an evaluation of the options described in subsection (a) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure."

Pilot Program To Permit Cost-Sharing of Air Traffic Modernization Projects

Pub. L. 106–181, title III, §304, Apr. 5, 2000, 114 Stat. 122, provided that:

"(a) Purpose.—It is the purpose of this section to improve aviation safety and enhance mobility of the Nation's air transportation system by encouraging non-Federal investment on a pilot program basis in critical air traffic control facilities and equipment.

"(b) In General.—Subject to the requirements of this section, the Secretary [of Transportation] shall carry out a pilot program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects.

"(c) Federal Share.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117 of title 49, United States Code.

"(d) Limitation on Grant Amounts.—No eligible project may receive more than $15,000,000 under the program.

"(e) Funding.—The Secretary shall use amounts appropriated under section 48101(a) of title 49, United States Code, for fiscal years 2001 through 2003 to carry out the program.

"(f) Definitions.—In this section, the following definitions apply:

"(1) Eligible project.—The term 'eligible project' means a project relating to the Nation's air traffic control system that is certified or approved by the Administrator [of the Federal Aviation Administration] and that promotes safety, efficiency, or mobility. Such projects may include—

"(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landings systems, weather and wind shear detection equipment, lighting improvements, and control towers;

"(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and

"(C) facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar control facilities and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking.

"(2) Project sponsor.—The term 'project sponsor' means a public-use airport or a joint venture between a public-use airport and one or more air carriers.

"(g) Transfers of Equipment.—Notwithstanding any other provision of law, project sponsors may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, and automation tools, the purchase of which was assisted by a grant made under this section. The Administration shall accept such facilities, equipment, and automation tools, which shall thereafter be operated and maintained by the Administration in accordance with criteria of the Administration.

"(h) Guidelines.—Not later than 90 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall issue advisory guidelines on the implementation of the program."

Aircraft Dispatchers

Pub. L. 106–181, title V, §516, Apr. 5, 2000, 114 Stat. 145, provided that:

"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study of the role of aircraft dispatchers in enhancing aviation safety.

"(b) Contents.—The study shall include an assessment of whether or not aircraft dispatchers should be required for those operations not presently requiring aircraft dispatcher assistance, operational control issues related to the aircraft dispatching functions, and whether or not designation of positions within the Federal Aviation Administration for oversight of dispatchers would enhance aviation safety.

"(c) Report.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study conducted under this section."

Occupational Injuries of Airport Workers

Pub. L. 106–181, title V, §520, Apr. 5, 2000, 114 Stat. 149, provided that:

"(a) Study.—The Administrator [of the Federal Aviation Administration] shall conduct a study to determine the number of persons working at airports who are injured or killed as a result of being struck by a moving vehicle while on an airport tarmac, the seriousness of the injuries to such persons, and whether or not reflective safety vests or other actions should be required to enhance the safety of such workers.

"(b) Report.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall transmit to Congress a report on the results of the study conducted under this section."

Alkali Silica Reactivity Distress

Pub. L. 106–181, title VII, §743, Apr. 5, 2000, 114 Stat. 175, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] may conduct a study on the impact of alkali silica reactivity distress on airport runways and taxiways and the use of lithium salts and other alternatives for mitigation and prevention of such distress. The study shall include a determination based on in-the-field inspections followed by petrographic analysis or other similar techniques.

"(b) Authority To Make Grants.—The Administrator may carry out the study by making a grant to, or entering into a cooperative agreement with, a nonprofit organization for the conduct of all or a part of the study.

"(c) Report.—Not later than 18 months after the date of initiation of the study under subsection (a), the Administrator shall transmit to Congress a report on the results of the study."

Research Program To Improve Airfield Pavements

Pub. L. 108–176, title VII, §704, Dec. 12, 2003, 117 Stat. 2581, provided that:

"(a) Continuation of Program.—The Administrator of the Federal Aviation Administration shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of airfield pavements to aid in the development of safer, more cost effective, and more durable airfield pavements.

"(b) Use of Grants or Cooperative Agreements.—The Administrator may use grants or cooperative agreements in carrying out this section.

"(c) Statutory Construction.—Nothing in this section requires the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs."

Pub. L. 106–181, title IX, §905, Apr. 5, 2000, 114 Stat. 196, provided that: "The Administrator [of the Federal Aviation Administration] shall consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and durable airfield pavements. The Administrator may use a grant or cooperative agreement for this purpose. Nothing in this section shall require the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs."

§44506. Air traffic controllers

(a) Research on Effect of Automation on Performance.—To develop the means necessary to establish appropriate selection criteria and training methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include investigating—

(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;

(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;

(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;

(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and

(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.


(b) Research on Human Factor Aspects of Automation.—The Administrators of the Federal Aviation Administration and National Aeronautics and Space Administration may make an agreement for the use of the National Aeronautics and Space Administration's unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment for the next generation of air traffic controllers. The research activities shall include investigating—

(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance of air traffic controllers;

(2) information management techniques for advanced air traffic control display systems; and

(3) air traffic controller workload and performance measures, including the development of predictive models.


(c) Collegiate Training Initiative.—(1) The Administrator of the Federal Aviation Administration may maintain the Collegiate Training Initiative program by making new agreements and continuing existing agreements with institutions of higher education (as defined by the Administrator) under which the institutions prepare students for the position of air traffic controller with the Department of Transportation (as defined in section 2109 of title 5). The Administrator may establish standards for the entry of institutions into the program and for their continued participation.

(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) of this subsection to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5). An individual appointed under this paragraph serves at the pleasure of the Administrator, subject to section 7511 of title 5. However, an appointment under this paragraph may be converted from one in the excepted service to a career conditional or career appointment in the competitive civil service (as defined in section 2102 of title 5) when the individual achieves full performance level air traffic controller status, as decided by the Administrator.

(B) The authority under subparagraph (A) of this paragraph to make appointments in the excepted service expires on October 6, 1997, except that the Administrator of the Federal Aviation Administration may extend the authority for one or more successive one-year periods.

(d) Air Traffic Control Specialist Qualification Training.—

(1) Appointment of air traffic control specialists.—The Administrator is authorized to appoint a qualified air traffic control specialist candidate for placement in an airport traffic control facility if the candidate has—

(A) received a control tower operator certification (referred to in this subsection as a "CTO" certificate); and

(B) satisfied all other applicable qualification requirements for an air traffic control specialist position, including successful completion of orientation training at the Federal Aviation Administration Academy.


(2) Compensation and benefits.—An individual appointed under paragraph (1) shall receive the same compensation and benefits, and be treated in the same manner as, any other individual appointed as a developmental air traffic controller.

(3) Report.—Not later than 2 years after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator shall submit to Congress a report that evaluates the effectiveness of the air traffic control specialist qualification training provided pursuant to this section, including the graduation rates of candidates who received a CTO certificate and are working in airport traffic control facilities.

(4) Additional appointments.—If the Administrator determines that air traffic control specialists appointed pursuant to this subsection are more successful in carrying out the duties of an air traffic controller than air traffic control specialists hired from the general public without any such certification, the Administrator shall increase, to the maximum extent practicable, the number of appointments of candidates who possess such certification.

(5) Reimbursement for travel expenses associated with certifications.—

(A) In general.—Subject to subparagraph (B), the Administrator may accept reimbursement from an educational entity that provides training to an air traffic control specialist candidate to cover reasonable travel expenses of the Administrator associated with issuing certifications to such candidates.

(B) Treatment of reimbursements.—Notwithstanding section 3302 of title 31, any reimbursement authorized to be collected under subparagraph (A) shall—

(i) be credited as offsetting collections to the account that finances the activities and services for which the reimbursement is accepted;

(ii) be available for expenditure only to pay the costs of activities and services for which the reimbursement is accepted, including all costs associated with collecting such reimbursement; and

(iii) remain available until expended.


(e) Staffing Report.—The Administrator of the Federal Aviation Administration shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—

(1) the staffing standards used to determine the number of fully certified air traffic controllers needed to operate the air traffic control system of the United States;

(2) for each air traffic control facility operated by the Federal Aviation Administration—

(A) the current certified professional controller staffing levels;

(B) the operational staffing targets for certified professional controllers;

(C) the anticipated certified professional controller attrition for each of the next 3 years; and

(D) the number of certified professional controller trainees;


(3) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and

(4) a detailed plan for employing the controllers, including projected budget requests.


(f) Hiring of Certain Air Traffic Control Specialists.—

(1) Consideration of applicants.—

(A) Ensuring selection of most qualified applicants.—In appointing individuals to the position of air traffic controller, the Administrator shall give preferential consideration to qualified individuals maintaining 52 consecutive weeks of air traffic control experience involving the full-time active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating within 5 years of application while serving at—

(i) a Federal Aviation Administration air traffic control facility;

(ii) a civilian or military air traffic control facility of the Department of Defense (including a facility of the National Guard); or

(iii) a tower operating under contract with the Federal Aviation Administration under section 47124.


(B) Consideration of additional applicants.—

(i) In general.—After giving preferential consideration to applicants under subparagraph (A), the Administrator shall consider additional applicants for the position of air traffic controller by giving further preferential consideration, within each qualification category based upon pre-employment testing results (including application of veterans' preference as required under section 40122(g)(2)(B)), to pool 1 applicants described in clause (ii) before pool 2 applicants described in clause (iii).

(ii) Pool 1.—Pool 1 applicants are individuals who—

(I) have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1) and who have received from the institution—

(aa) an appropriate recommendation; or

(bb) an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation;


(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38 and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing;

(III) are eligible veterans (as defined in section 4211 of title 38) maintaining aviation experience obtained in the course of the individual's military experience; or

(IV) are preference eligible veterans (as defined in section 2108 of title 5).


(iii) Pool 2.—Pool 2 applicants are individuals who apply under a vacancy announcement recruiting from all United States citizens.


(C) Special rule.—

(i) In general.—Notwithstanding subparagraph (B), after giving preferential consideration to applicants under subparagraph (A) and if, after consulting with the labor organization recognized as the exclusive representative of air traffic controllers under section 7111 of title 5, the Administrator determines there are unique circumstances affecting a covered facility that warrant a vacancy announcement with a limited area of consideration, the Administrator may consider applicants for the position of air traffic controller who apply under a vacancy announcement recruiting from the local commuting area for that covered facility.

(ii) Biographical assessments.—The Administrator shall not use any biographical assessment with respect to an applicant under this subparagraph who would otherwise qualify as a Pool 1 applicant under subparagraph (B)(ii).

(iii) Covered facility defined.—In this subparagraph the term "covered facility" means a radar facility with at least 1,000,000 operations annually that is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more than 15,000,000 (as of July 1, 2016).


(2) Use of biographical assessments.—

(A) Biographical assessments.—The Administrator shall not use any biographical assessment when hiring under paragraph (1)(A) or paragraph (1)(B).

(B) Reconsideration of applicants disqualified on basis of biographical assessments.—

(i) In general.—If an individual described in paragraph (1)(A) or paragraph (1)(B)(ii), who applied for the position of air traffic controller with the Administration in response to Vacancy Announcement FAA–AMC–14–ALLSRCE–33537 (issued on February 10, 2014), was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply for the position as soon as practicable under the revised hiring practices.

(ii) Waiver of age restriction.—The Administrator shall waive any maximum age restriction for the position of air traffic controller with the Administration that would otherwise disqualify an individual from the position if the individual—

(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and

(II) met the maximum age requirement on the date of the individual's previous application for the position during the interim hiring process.


(3) Maximum entry age for experienced controllers.—Notwithstanding section 3307 of title 5, except for individuals covered by the program described in paragraph (4), the maximum limit of age for an original appointment to a position as an air traffic controller shall be 35 years of age for those maintaining 52 weeks of air traffic control experience involving the full-time active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating in a civilian or military air traffic control facility.

(4) Retired military controllers.—The Administrator may establish a program to provide an original appointment to a position as an air traffic controller for individuals who—

(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for the appointment; and

(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the appointment.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1178; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 112–95, title VI, §607, Feb. 14, 2012, 126 Stat. 114; Pub. L. 114–190, title II, §2106(a), July 15, 2016, 130 Stat. 620; Pub. L. 115–141, div. M, title I, §108, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 116–92, div. A, title XI, §§1132, 1133, Dec. 20, 2019, 133 Stat. 1615, 1616; Pub. L. 118–63, title IV, §§433, 437(e)(2), May 16, 2024, 138 Stat. 1174, 1178.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44506(a), (b) 49 App.:1353 (note). Nov. 3, 1988, Pub. L. 100–591, §8(a)–(c), 102 Stat. 3015; Nov. 17, 1988, Pub. L. 100–685, §§601–603, 102 Stat. 4102.
44506(c) 49 App.:1348a. Oct. 6, 1992, Pub. L. 102–388, §362, 106 Stat. 1560.
44506(d) 49 App.:1348 (note). Oct. 31, 1992, Pub. L. 102–581, §120, 106 Stat. 4884.

In subsections (a) and (b), the text of section 8(a) and (b)(3) of the Aviation Safety Research Act of 1988 (Public Law 100–581, 102 Stat. 3015, 3016) and sections 601 and 602(3) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100–685, 102 Stat. 4102, 4103) is omitted as executed.

In subsection (c), the words "institutions of higher education" are substituted for "post-secondary educational institutions" for consistency in the revised title.


Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(3), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2024—Subsec. (e)(1). Pub. L. 118–63, §437(e)(2)(A), substituted "the number of fully certified air traffic controllers needed" for "the number of air traffic controllers needed".

Subsec. (e)(2) to (4). Pub. L. 118–63, §437(e)(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (f)(2)(A). Pub. L. 118–63, §433, substituted "paragraph (1)(B)" for "paragraph (1)(B)(ii)".

2019—Subsec. (f)(1)(A)(ii). Pub. L. 116–92, §1133, inserted "(including a facility of the National Guard)" after "Department of Defense".

Subsec. (f)(1)(B)(i). Pub. L. 116–92, §1132, substituted "giving further preferential consideration, within each qualification category based upon pre-employment testing results (including application of veterans' preference as required under section 40122(g)(2)(B)), to pool 1 applicants described in clause (ii) before pool 2 applicants described in clause (iii)." for "referring an approximately equal number of individuals for appointment among the 2 applicant pools described in this subparagraph. The number of individuals referred for consideration from each group shall not differ by more than 10 percent."

2018—Subsec. (f)(1)(C). Pub. L. 115–141, §108(1), added subpar. (C).

Subsec. (f)(3). Pub. L. 115–141, §108(2)(A), inserted "except for individuals covered by the program described in paragraph (4)," after "section 3307 of title 5,".

Subsec. (f)(4). Pub. L. 115–141, §108(2)(B), added par. (4).

2016—Subsec. (f). Pub. L. 114–190 added subsec. (f).

2012—Subsecs. (d), (e). Pub. L. 112–95 added subsec. (d) and redesignated former subsec. (d) as (e).

1996—Subsec. (d). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".


Statutory Notes and Related Subsidiaries

Improved Access to Air Traffic Control Simulation Training

Pub. L. 118–63, title IV, §415, May 16, 2024, 138 Stat. 1160, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall continue making tower simulator systems (in this section referred to as 'TSS') more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA [Federal Aviation Administration] (in this section referred to as an 'ATCT'), regardless of facility assignment.

"(b) Cloud-based Visual Database and Software System.—Not later than 30 months after the date of enactment of this Act [May 16, 2024], the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that, at a minimum, includes—

"(1) the unique runway layout, approach paths, and lines of sight of every ATCT; and

"(2) specifications that meet all applicable data security requirements.

"(c) TSS Upgrades.—Not later than 2 years after the date of enactment of this Act, the Administrator shall upgrade existing, permanent TSS so that the TSS is, at a minimum, capable of—

"(1) securely and quickly downloading data from the cloud-based visual database and software system described in subsection (b); and

"(2) running scenarios for each ATCT involving differing levels of air traffic volume and varying complexities, including, aircraft emergencies, rapidly changing weather, issuance of safety alerts, special air traffic procedures for events of national or international significance, and recovering from unforeseen events or losses of separation.

"(d) Mobile TSS.—Not later than 4 years after the date of enactment of this Act, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the capabilities described in paragraphs (1) and (2) of subsection (c).

"(e) Collaboration.—In carrying out this section, the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code."

Ensuring Hiring of Air Traffic Control Specialists Is Based on Assessment of Job-Relevant Aptitudes

Pub. L. 118–63, title IV, §417, May 16, 2024, 138 Stat. 1162, provided that:

"(a) Review of the Air Traffic Skills Assessment.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the 'AT–SA') administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements, the Administrator shall:

"(1) Evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce training and hiring process.

"(2) Assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.

"(3) Assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce training and hiring process.

"(b) DOT Inspector General Report.—Not later than 180 days after the completion of the review and any necessary revision of the AT–SA required under subsection (a), the inspector general of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives], and, upon request, to any member of Congress, a report that assesses the AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any other recommendations to address the results of the report."

Air Traffic Control Workforce Staffing

Pub. L. 118–63, title IV, §437, May 16, 2024, 138 Stat. 1176, provided that:

"(a) Maximum Hiring.—Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator [of the Federal Aviation Administration] shall set as the minimum hiring target for new air traffic controllers (excluding individuals described in section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.

"(b) Transportation Research Board Assessment.—

"(1) Review.—Not later than 30 days after the date of enactment of this Act [May 16, 2024], the Administrator shall submit an attestation to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] demonstrating an agreement entered into with the with the National Academies Transportation Research Board to—

"(A) compare the Certified Professional Controller (in this section referred to as 'CPC') operational staffing models and methodologies in determining the FAA [Federal Aviation Administration] Controller Staffing Standard included in the 2023 Air Traffic Controller Workforce Plan of the FAA, with such models and methodologies developed by the Collaborative Resource Workgroup of the FAA (in this subsection referred to as 'CRWG') to determine CPC operational staffing targets necessary to meet facility operational, statutory, contractual and safety requirements, including—

"(i) the availability factor multiplier and other formula components;

"(ii) the independent facility staffing targets of CPCs able to control traffic;

"(iii) air traffic controller position utilization;

"(iv) attrition rates at each air traffic control facility operated by the Administration; and

"(v) the time needed to meet facility operational, statutory, and contractual requirements, including relevant resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system;

"(B) examine the current and estimated budgets of the FAA to implement the FAA Controller Staffing Standard included in the 2023 Controller Workforce Plan in comparison to the funding needed to implement the CRWG CPC operational staffing targets;

"(C) assess future needs of the air traffic control system and potential impacts on staffing standards, including projected air traffic in the airspace of each air traffic control facility operated by the Administration; and

"(D) determine which staffing models and methodologies evaluated pursuant to this subsection best accounts for the operational staffing needs of the air traffic control system and provide a justification for such determination.

"(2) Report.—Not later than 180 days after the agreement entered into pursuant to paragraph (b)(1), the Transportation Research Board of the National Academies shall submit a report to the Administrator and appropriate committees of Congress on the findings and recommendations under this subsection, including the determination pursuant to subparagraph (D).

"(3) Consultation.—In conducting the assessment under this subsection, the Transportation Research Board shall consult with—

"(A) the exclusive bargaining representatives of air traffic control specialists of the Administration certified under section 7111 of title 5, United States Code;

"(B) front line managers of the air traffic control system;

"(C) managers and employees responsible for training air traffic controllers;

"(D) the MITRE Corporation;

"(E) the Chief Operating Officer of the Air Traffic Organization of the FAA, and other Federal Government representatives;

"(F) users and operators in the air traffic control system;

"(G) relevant industry representatives; and

"(H) other parties determined appropriate by the Transportation Research Board of the National Academies.

"(c) Required Implementation of Identified Staffing Model.—

"(1) Use of staffing model.—The Administrator shall, as appropriate, take such action that may be necessary to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), including any recommendations for improving such model, not later than one year after enactment of this Act.

"(2) Briefing.—Not later than 90 days after taking such actions to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), the Administrator shall brief the appropriate committees of Congress regarding the reasons for why any recommendation by the Transportation Research Board study was not incorporated into the implemented staffing model.

"(d) Revised Staffing Standards.—The Administration shall revise the FAA CPC operational staffing standards of the Administration implemented under subsection (c) to—

"(1) provide that the controller and management workforce is sufficiently staffed to safely and efficiently manage and oversee the air traffic control system;

"(2) account for the target number of CPCs able to control traffic at each independent facility; and

"(3) avoid any required or requested reduction of national airspace system capacity or aircraft operations as a result of inadequate air traffic control system staffing.

"(e) Interim Adoption of Collaborative Resource Workgroup Models.—

"(1) In general.—In submitting a Controller Workforce Plan of the FAA to Congress published after the date of enactment of this Act, the Administrator shall adopt and use the staffing models and methodologies developed by the Collaborative Resource Workgroup that were recommended in the 2023 Controller Workforce Plan.

"(2) Revisions to the controller workforce plan.—[Amended this section.]

"(3) Effective date.—The requirements of paragraph (1) shall cease to be effective upon the adoption and implementation of a revised staffing model by the Administrator as required under subsection (c).

"(f) Controller Training.—In any Controller Workforce Plan of the FAA published after the date of enactment of this Act [May 16, 2024], the Administrator shall—

"(1) identify all limiting factors on the ability of the Administrator to hire and train controllers in line with the staffing standards target set out in such Plan; and

"(2) describe what actions the Administrator intends to take to rectify any impediments to meeting staffing standards targets and identify contributing factors that are outside the control of the Administrator."

Notification of Vacancies

Pub. L. 114–190, title II, §2106(b), July 15, 2016, 130 Stat. 622, provided that: "The Administrator of the Federal Aviation Administration shall consider directly notifying secondary schools and institutions of higher learning, including Historically Black Colleges and Universities, Hispanic-serving institutions, Minority Institutions, and Tribal Colleges and Universities, of a vacancy announcement under section 44506(f)(1)(B)(iii) of title 49, United States Code."

Air Traffic Controller Staffing Initiatives and Analysis

Pub. L. 112–95, title II, §224, Feb. 14, 2012, 126 Stat. 55, provided that: "As soon as practicable, and not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall—

"(1) ensure, to the extent practicable, a sufficient number of contract instructors, classroom space (including off-site locations as needed), and simulators to allow for an increase in the number of air traffic controllers at air traffic control facilities;

"(2) distribute, to the extent practicable, the placement of certified professional air traffic controllers-in-training and developmental air traffic controllers at facilities evenly across the calendar year in order to avoid training bottlenecks;

"(3) initiate an analysis, to be conducted in consultation with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, of scheduling processes and practices, including overtime scheduling practices at those facilities;

"(4) provide, to the extent practicable and where appropriate, priority to certified professional air traffic controllers-in-training when filling staffing vacancies at facilities;

"(5) assess training programs at air traffic control facilities with below-average success rates to determine if training is being carried out in accordance with Administration standards, and conduct exit interview analyses with all candidates to determine potential weaknesses in training protocols, or in the execution of such training protocols; and

"(6) prioritize, to the extent practicable, such efforts to address the recommendations for the facilities identified in the Department of Transportation's Office of the Inspector General Report Number: AV-2009-047."

Facility Training Program

Pub. L. 112–95, title VI, §609(b), Feb. 14, 2012, 126 Stat. 116, provided that: "Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator [of the Federal Aviation Administration] shall conduct a comprehensive review and evaluation of its Academy and facility training efforts. The Administrator shall—

"(1) clarify responsibility for oversight and direction of the Academy's facility training program at the national level;

"(2) communicate information concerning that responsibility to facility managers; and

"(3) establish standards to identify the number of developmental air traffic controllers that can be accommodated at each facility, based on—

"(A) the number of available on-the-job training instructors;

"(B) available classroom space;

"(C) the number of available simulators;

"(D) training requirements; and

"(E) the number of recently placed new personnel already in training."

Controller Staffing

Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 401, provided in part: "That not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of Public Law 108–176 [set out below]".

Similar provisions were contained in the following appropriation acts:

Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 307.

Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5102.

Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 691.

Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1830.

Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2940.

Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 977.

Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 730.

Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2839.

Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2700.

Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 578.

Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 645.

Pub. L. 111–117, div. A, title I, Dec. 16, 2009, 123 Stat. 3039.

Pub. L. 111–8, div. I, title I, Mar. 11, 2009, 123 Stat. 918.

Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat. 2378.

Pub. L. 108–176, title II, §221, Dec. 12, 2003, 117 Stat. 2526, provided that:

"(a) Annual Report.—Beginning with the submission of the Budget of the United States to the Congress for fiscal year 2005, the Administrator of the Federal Aviation Administration shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that describes the overall air traffic controller staffing plan, including strategies to address anticipated retirement and replacement of air traffic controllers.

"(b) Human Capital Workforce Strategy.—

"(1) Development.—The Administrator shall develop a comprehensive human capital workforce strategy to determine the most effective method for addressing the need for more air traffic controllers that is identified in the June 2002 report of the General Accounting Office [now Government Accountability Office].

"(2) Completion date.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall complete development of the strategy.

"(3) Report.—Not later than 30 days after the date on which the strategy is completed, the Administrator shall transmit to Congress a report describing the strategy."

§44507. Regions and centers

The Civil Aeromedical Institute established by section 106(j) of this title may—

(1) conduct civil aeromedical research, including research related to—

(A) the protection and survival of aircraft occupants;

(B) medical accident investigation and airman medical certification;

(C) toxicology and the effects of drugs on human performance;

(D) the impact of disease and disability on human performance;

(E) vision and its relationship to human performance and equipment design;

(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and other individuals involved in operating and maintaining aircraft and air traffic control equipment; and

(G) agency work force optimization, including training, equipment design, reduction of errors, and identification of candidate tasks for automation;


(2) make comments to the Administrator of the Federal Aviation Administration on human factors aspects of proposed air safety regulations;

(3) make comments to the Administrator on human factors aspects of proposed training programs, equipment requirements, standards, and procedures for aviation personnel;

(4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the National Aeronautics and Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and governments of foreign countries; and

(5) provide medical consultation services to the Administrator about medical certification of airmen.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1179; Pub. L. 115–254, div. B, title V, §524(a), Oct. 5, 2018, 132 Stat. 3363; Pub. L. 118–63, title II, §206(h), May 16, 2024, 138 Stat. 1046.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44507 49 App.:1353(e). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(e); added Nov. 3, 1988, Pub. L. 100–591, §5(b), 102 Stat. 3013.

In clause (4), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Government agencies" for consistency in the revised title and with other titles of the United States Code.


Editorial Notes

Amendments

2024Pub. L. 118–63 struck out subsec. (a) designation and heading "Civil Aeromedical Institute" at beginning of section and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "The Secretary of Transportation shall define the roles and responsibilities of the William J. Hughes Technical Center in a manner that is consistent with the defined roles and responsibilities of the Civil Aeromedical Institute under subsection (a)." See section 106(h) of this title.

2018Pub. L. 115–254 substituted "Regions and centers" for "Civil aeromedical research" in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).

§44508. Research advisory committee

(a) Establishment and Duties.—(1) There is a research advisory committee in the Federal Aviation Administration. The committee shall—

(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration and Congress about needs, objectives, plans, approaches, content, and accomplishments of all aviation research and development activities and programs carried out, including those under sections 44504, 44505, 44507, 44511–44513, and 44912 of this title;

(B) assist in ensuring that the research is coordinated with similar research being conducted outside the Administration;

(C) review the operations of the regional centers of air transportation excellence established under section 44513 of this title; and

(D) annually review the allocation made by the Administrator of the amounts authorized by section 48102(a) of this title among the major categories of research and development activities carried out by the Administration and provide advice and recommendations to the Administrator on whether such allocation is appropriate to meet the needs and objectives identified under subparagraph (A).


(2) The Administrator may establish subordinate committees to provide advice on specific areas of research conducted under sections 44504, 44505, 44507, 44511–44513, and 44912 of this title.

(b) Members, Chairman, Pay, and Expenses.—(1) The committee is composed of not more than 30 members appointed by the Administrator from among individuals who are not employees of the Administration and who are specially qualified to serve on the committee because of their education, training, or experience. In appointing members of the committee, the Administrator shall ensure that the regional centers of air transportation excellence, universities, corporations, associations, consumers, and other departments, agencies, and instrumentalities of the United States Government are represented.

(2) The Administrator shall designate the chairman of the committee.

(3) A member of the committee serves without pay. However, the Administrator may allow a member, when attending meetings of the committee or a subordinate committee, expenses as authorized under section 5703 of title 5.

(c) Support Staff, Information, and Services.—The Administrator shall provide support staff for the committee. On request of the committee, the Administrator shall provide information, administrative services, and supplies that the Administrator considers necessary for the committee to carry out its duties and powers.

(d) Nonapplication.—Section 1013 of title 5 does not apply to the committee.

(e) Use and Limitation of Amounts.—(1) Not more than .1 percent of the amounts made available to conduct research under sections 44504, 44505, 44507, 44511–44513, and 44912 of this title may be used by the Administrator to carry out this section.

(2) A limitation on amounts available for obligation by or for the committee does not apply to amounts made available to carry out this section.

(f) Written Reply.—

(1) In general.—Not later than 60 days after receiving any recommendation from the research advisory committee, the Administrator shall provide a written reply to the research advisory committee that, at a minimum—

(A) clearly states whether the Administrator accepts or rejects the recommendation;

(B) explains the rationale for the Administrator's decision;

(C) sets forth the timeframe in which the Administrator will implement the recommendation; and

(D) describes the steps the Administrator will take to implement the recommendation.


(2) Transparency.—The written reply to the research advisory committee, when transmitted to the research advisory committee, shall be—

(A) made publicly available on the research advisory committee website; and

(B) transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.


(3) National aviation research plan.—The national aviation research plan required under section 44501(c) shall include a summary of all research advisory committee recommendations and a description of the status of their implementation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1180; Pub. L. 104–264, title XI, §1104, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 115–254, div. B, title VII, §712, Oct. 5, 2018, 132 Stat. 3410; Pub. L. 117–286, §4(a)(313), Dec. 27, 2022, 136 Stat. 4340; Pub. L. 118–63, title XI, §1101(l), May 16, 2024, 138 Stat. 1414.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44508(a)(1) 49 App.:1353(f)(1), (2). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(f); added Nov. 3, 1988, Pub. L. 100–591, §6, 102 Stat. 3013; Nov. 5, 1990, Pub. L. 101–508, §9209(b), 104 Stat. 1388–377.
44508(a)(2) 49 App.:1353(f)(6) (last sentence).
44508(b) 49 App.:1353(f)(3)–(5).
44508(c) 49 App.:1353(f)(6) (1st sentence), (7).
44508(d) 49 App.:1353(f)(8).
44508(e) 49 App.:1353(f)(9).

In subsection (a)(1), before clause (A), the words "There is a" are substituted for "Not later than 180 days after November 3, 1988, the Administrator shall establish" to eliminate obsolete words. In clause (C), the words "operations of" are substituted for "research and training to be carried out by" for consistency with section 44513 of the revised title.

In subsection (a)(2), the words "to the advisory committee" are omitted as surplus.

In subsection (b)(1), the words "departments, agencies, and instrumentalities" are substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(3), the words "travel or transportation" are omitted as surplus.

In subsection (e), the words "for fiscal years beginning after September 30, 1988" are omitted as obsolete.


Editorial Notes

Amendments

2024—Subsecs. (a)(1)(A), (2), (e)(1). Pub. L. 118–63 struck out "40119," after "under sections".

2022—Subsec. (d). Pub. L. 117–286 substituted "Section 1013 of title 5" for "Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.)".

2018—Subsec. (a)(1)(A). Pub. L. 115–254, §712(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "provide advice and recommendations to the Administrator of the Federal Aviation Administration about needs, objectives, plans, approaches, content, and accomplishments of the aviation research program carried out under sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title;".

Subsec. (f). Pub. L. 115–254, §712(b), added subsec. (f).

1996—Subsec. (a)(1)(D). Pub. L. 104–264 added subpar. (D).


Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

§44509. Demonstration projects

The Secretary of Transportation may carry out under this chapter demonstration projects that the Secretary considers necessary for research and development activities under this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44509 49 App.:2205(b)(1). Sept. 3, 1982, Pub. L. 97–248, §506(b)(1), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1490.

§44510. Repealed. Pub. L. 118–63, title IV, §401(a), May 16, 2024, 138 Stat. 1148

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181, related to airway science curriculum grants.

§44511. Aviation research grants

(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research organizations to conduct aviation research in areas the Administrator considers necessary for the long-term growth of civil aviation.

(b) Applications.—An institution of higher education or nonprofit research organization interested in receiving a grant under this section may submit an application to the Administrator. The application must be in the form and contain the information the Administrator requires.

(c) Solicitation, Review, and Evaluation Process.—The Administrator shall establish a solicitation, review, and evaluation process that ensures—

(1) providing grants under this section for proposals having adequate merit and relevancy to the mission of the Administration;

(2) a fair geographical distribution of grants under this section; and

(3) the inclusion of historically black institutions of higher education and other minority nonprofit research organizations for grant consideration under this section.


(d) Records.—Each person receiving a grant under this section shall maintain records that the Administrator requires as being necessary to facilitate an effective audit and evaluation of the use of money provided under the grant.

(e) Annual Report.—The Administrator shall submit an annual report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on carrying out this section.

(f) Airport Cooperative Research Program.—

(1) Establishment.—The Secretary of Transportation shall maintain an airport cooperative research program to—

(A) identify problems that are shared by airport operating agencies and can be solved through applied research but that are not being adequately addressed by existing Federal research programs; and

(B) fund research to address those problems.


(2) Governance.—The Secretary of Transportation shall appoint an independent governing board for the research program established under this subsection. The governing board shall be appointed from candidates nominated by national associations representing public airport operating agencies, airport executives, State aviation officials, and the scheduled airlines, and shall include representatives of appropriate Federal agencies. Section 1013 of title 5 shall not apply to the governing board.

(3) Implementation.—The Secretary of Transportation shall enter into an arrangement with the National Academy of Sciences to provide staff support to the governing board established under paragraph (2) and to carry out projects proposed by the governing board that the Secretary considers appropriate.

(4) Report.—Not later than September 30, 2012, the Secretary shall transmit to the Congress a report on the program.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 108–176, title VII, §712, Dec. 12, 2003, 117 Stat. 2586; Pub. L. 112–95, title IX, §906, Feb. 14, 2012, 126 Stat. 139; Pub. L. 117–286, §4(a)(314), Dec. 27, 2022, 136 Stat. 4340.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44511 49 App.:1353(g). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(g); added Nov. 5, 1990, Pub. L. 101–508, §9205(a), 104 Stat. 1388–373.

In this section, the words "institutions of higher education" and "institution of higher education" are substituted for "colleges, universities", "university, college", and "colleges and universities" for consistency in the revised title.

In subsection (c), the words "providing grants" are substituted for "the funding", the word "grants" is substituted for "grant funds", and the words "grant consideration" are substituted for "funding consideration", for consistency in the revised title.

In subsection (d), the words "money provided under the grant" are substituted for "grant funds" for consistency.


Editorial Notes

Amendments

2022—Subsec. (f)(2). Pub. L. 117–286 substituted "Section 1013 of title 5" for "Section 14 of the Federal Advisory Committee Act".

2012—Subsec. (f)(1). Pub. L. 112–95, §906(1), substituted "maintain an" for "establish a 4-year pilot" in introductory provisions.

Subsec. (f)(4). Pub. L. 112–95, §906(2), substituted "Not later than September 30, 2012," for "Not later than 6 months after the expiration of the program under this subsection," and "program" for "program, including recommendations as to the need for establishing a permanent airport cooperative research program".

2003—Subsec. (f). Pub. L. 108–176 added subsec. (f).

1996—Subsec. (e). Pub. L. 104–287 substituted "Committee on Science" for "Committee on Science, Space, and Technology".


Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

§44512. Catastrophic failure prevention research grants

(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research organizations—

(1) to conduct aviation research related to the development of technologies and methods to assess the risk of, and prevent, defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and

(2) to establish centers of excellence for continuing the research.


(b) Solicitation, Application, Review, and Evaluation Process.—The Administrator shall establish a solicitation, application, review, and evaluation process that ensures providing grants under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44512 49 App.:1353(h). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(h); added Nov. 5, 1990, Pub. L. 101–508, §9208(b), 104 Stat. 1388–376.

In this section, the words "institutions of higher education" are substituted for "colleges, universities" for consistency in the revised title.

In subsection (b), the words "providing grants" are substituted for "the funding" for consistency in the revised title.

§44513. Regional centers of air transportation excellence

(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education to establish and operate regional centers of air transportation excellence. The locations shall be distributed in a geographically fair way.

(b) Responsibilities.—(1) The responsibilities of each center established under this section shall include—

(A) conducting research on—

(i) airspace and airport planning and design;

(ii) airport capacity enhancement techniques;

(iii) human performance in the air transportation environment;

(iv) aviation safety and security;

(v) the supply of trained air transportation personnel, including pilots and mechanics; and

(vi) other aviation issues related to developing and maintaining a safe and efficient air transportation system; and


(B) interpreting, publishing, and disseminating the results of the research.


(2) In conducting research described in paragraph (1)(A) of this subsection, each center may make contracts with nonprofit research organizations and other appropriate persons.

(c) Applications.—An institution of higher education interested in receiving a grant under this section may submit an application to the Administrator. The application must be in the form and contain the information that the Administrator requires by regulation.

(d) Selection Criteria.—The Administrator shall select recipients of grants under this section on the basis of the following criteria:

(1) the extent to which the needs of the State in which the applicant is located are representative of the needs of the region for improved air transportation services and facilities.

(2) the demonstrated research and extension resources available to the applicant to carry out this section.

(3) the ability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate air transportation problems.

(4) the extent to which the applicant has an established air transportation program.

(5) the demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or regionwide continuing education program.

(6) the projects the applicant proposes to carry out under the grant.


(e) Expenditure Agreements.—A grant may be made under this section in a fiscal year only if the recipient makes an agreement with the Administrator that the Administrator requires to ensure that the recipient will maintain its total expenditures from all other sources for establishing and operating the center and related research activities at a level at least equal to the average level of those expenditures in the 2 fiscal years of the recipient occurring immediately before November 5, 1990.

(f) Government's Share of Costs.—The United States Government's share of establishing and operating a center and all related research activities that grant recipients carry out shall not exceed 50 percent of the costs, except that the Administrator may increase such share to a maximum of 75 percent of the costs for a fiscal year if the Administrator determines that a center would be unable to carry out the authorized activities described in this section without additional funds.

(g) Allocating Amounts.—The Administrator shall allocate amounts made available to carry out this section in a geographically fair way.

(h) Annual Report.—The Administrator shall transmit annually to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at the time of the President's budget request a report that lists—

(1) the research projects that have been initiated by each center in the preceding year;

(2) the amount of funding for each research project and the funding source;

(3) the institutions participating in each research project and their shares of the overall funding for each research project; and

(4) the level of cost-sharing for each research project.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182; Pub. L. 112–95, title IX, §907, Feb. 14, 2012, 126 Stat. 140.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44513 49 App.:1353(i). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(i); added Nov. 5, 1990, Pub. L. 101–508, §9209(a), 104 Stat. 1388–376.

In this section, the words "institutions of higher education" and "institution of higher education" are substituted for "colleges or universities" and "college or university" for consistency in the revised title.

In subsection (a), the words "one or more" are omitted as surplus.


Editorial Notes

Amendments

2012—Subsec. (f). Pub. L. 112–95, §907(a), amended subsec. (f) generally. Prior to amendment, text read as follows: "The United States Government's share of a grant under this section is 50 percent of the costs of establishing and operating the center and related research activities that the grant recipient carries out."

Subsec. (h). Pub. L. 112–95, §907(b), added subsec. (h).


Statutory Notes and Related Subsidiaries

FAA Center of Excellence for Automated Systems and Human Factors in Aircraft

Pub. L. 116–260, div. V, title I, §127, Dec. 27, 2020, 134 Stat. 2348, provided that:

"(a) In General.—The Administrator shall develop or expand a Center of Excellence focused on automated systems and human factors in transport category aircraft.

"(b) Duties.—The Center of Excellence shall, as appropriate—

"(1) facilitate collaboration among academia, the FAA, and the aircraft and airline industries, including aircraft, engine, and equipment manufacturers, air carriers, and representatives of the pilot community;

"(2) establish goals for research in areas of study relevant to advancing technology, improving engineering practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex systems in commercial aircraft, including continuing education and training;

"(3) examine issues related to human system integration and flight crew and aircraft interfaces, including tools and methods to support the integration of human factors considerations into the aircraft design and certification process; and

"(4) review safety reports to identify potential human factors issues for research.

"(c) Avoiding Duplication of Work.—In developing or expanding the Center of Excellence, the Administrator shall ensure the work of the Center of Excellence does not duplicate or overlap with the work of any other established center of excellence.

"(d) Member Prioritization.—

"(1) In general.—The Administrator, when developing or expanding the Center of Excellence, shall prioritize the inclusion of subject-matter experts whose professional experience enables them to be objective and impartial in their contributions to the greatest extent possible.

"(2) Representation.—The Administrator shall require that the membership of the Center of Excellence reflect a balanced viewpoint across broad disciplines in the aviation industry.

"(3) Disclosure.—Any member of the Center of Excellence who is a Boeing Company or FAA employee who participated in the certification of the Maneuvering Characteristics Augmentation System for the 737 MAX-8 airplane must disclose such involvement to the FAA prior to performing any work on behalf of the FAA.

"(4) Transparency.—In developing or expanding the Center of Excellence, the Administrator shall develop procedures to facilitate transparency and appropriate maintenance of records to the maximum extent practicable.

"(5) Coordination.—Nothing in this section shall preclude coordination and collaboration between the Center of Excellence developed or expanded under this section and any other established center of excellence.

"(e) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2021 through 2023, out of funds made available under section 48102(a) of title 49, United States Code, to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended."

[For definitions of terms used in section 127 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Center of Excellence for Aviation Human Resource Research

Pub. L. 112–95, title IX, §908, Feb. 14, 2012, 126 Stat. 140, provided that:

"(a) Establishment.—Using amounts made available under section 48102(a) of title 49, United States Code, the Administrator [of the Federal Aviation Administration] may establish a center of excellence to conduct research on—

"(1) human performance in the air transportation environment, including among air transportation personnel such as air traffic controllers, pilots, and technicians; and

"(2) any other aviation human resource issue pertinent to developing and maintaining a safe and efficient air transportation system.

"(b) Activities.—Activities conducted under this section may include the following:

"(1) Research, development, and evaluation of training programs for air traffic controllers, aviation safety inspectors, airway transportation safety specialists, and engineers.

"(2) Research and development of best practices for recruitment of individuals into the aviation field for mission critical positions.

"(3) Research, in consultation with other relevant Federal agencies, to develop a baseline of general aviation employment statistics and an analysis of future needs in the aviation field.

"(4) Research and the development of a comprehensive assessment of the airframe and power plant technician certification process and its effect on employment trends.

"(5) Evaluation of aviation maintenance technician school environments.

"(6) Research and an assessment of the ability to develop training programs to allow for the transition of recently unemployed and highly skilled mechanics into the aviation field."

§44514. Repealed. Pub. L. 118–63, title III, §337, May 16, 2024, 138 Stat. 1093

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1183, related to closing, reopening, and reducing hours of certain flight service stations and establishment of manned auxiliary flight service stations.

§44515. Repealed. Pub. L. 118–63, title IV, §401(a), May 16, 2024, 138 Stat. 1148

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1184, related to grants for advanced training facilities for maintenance technicians for air carrier aircraft.

§44516. Human factors program

(a) Human Factors Training.—

(1) Air traffic controllers.—The Administrator of the Federal Aviation Administration shall—

(A) address the problems and concerns raised by the National Research Council in its report "The Future of Air Traffic Control" on air traffic control automation; and

(B) respond to the recommendations made by the National Research Council.


(2) Pilots and flight crews.—The Administrator shall work with representatives of the aviation industry and appropriate aviation programs associated with universities to develop specific training curricula to address critical safety problems, including problems of pilots—

(A) in recovering from loss of control of an aircraft, including handling unusual attitudes and mechanical malfunctions;

(B) in deviating from standard operating procedures, including inappropriate responses to emergencies and hazardous weather;

(C) in awareness of altitude and location relative to terrain to prevent controlled flight into terrain; and

(D) in landing and approaches, including nonprecision approaches and go-around procedures.


(b) Test Program.—The Administrator shall establish a test program in cooperation with air carriers to use model Jeppesen approach plates or other similar tools to improve precision-like landing approaches for aircraft.

(c) Report.—Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Administration's efforts to encourage the adoption and implementation of advanced qualification programs for air carriers under this section.

(d) Advanced Qualification Program Defined.—In this section, the term "advanced qualification program" means an alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel subject to the training and evaluation requirements of parts 121 and 135 of title 14, Code of Federal Regulations.

(Added Pub. L. 106–181, title VII, §713(a), Apr. 5, 2000, 114 Stat. 160.)


Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.


Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.

Human Factors Professionals

Pub. L. 118–63, title IV, §410, May 16, 2024, 138 Stat. 1156, provided that: "The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to establish a new work code for human factors professionals who—

"(1) perform work involving the design and testing of technologies, processes, and systems which require effective and safe human performance;

"(2) generate and apply theories, principles, practical concepts, systems, and processes related to the design and testing of technologies, systems, and training programs to support and evaluate human performance in work contexts; and

"(3) meet education or experience requirements as determined by the Administrator."

Human Factors Education Program

Pub. L. 116–260, div. V, title I, §124, Dec. 27, 2020, 134 Stat. 2346, provided that:

"(a) Human Factors Education Program.—

"(1) In general.—The Administrator shall develop a human factors education program that addresses the effects of modern flight deck systems, including automated systems, on human performance for transport airplanes and the approaches for better integration of human factors in aircraft design and certification.

"(2) Target audience.—The human factors education program shall be integrated into the training protocols (as in existence as of the date of enactment of this title [Dec. 27, 2020]) for, and be routinely administered to, the following:

"(A) Appropriate employees within the Flight Standards Service.

"(B) Appropriate employees within the Aircraft Certification Service.

"(C) Other employees or authorized representatives determined to be necessary by the Administrator.

"(b) Transport Airplane Manufacturer Information Sharing.—The Administrator shall—

"(1) require each transport airplane manufacturer to provide the Administrator with the information or findings necessary for flight crew to be trained on flight deck systems;

"(2) ensure the information or findings under paragraph (1) adequately includes consideration of human factors; and

"(3) ensure that each transport airplane manufacturer identifies any technical basis, justification or rationale for the information and findings under paragraph (1)."

[For definitions of "Administrator" and "transport airplanes" as used in section 124 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

§44517. Program to permit cost sharing of air traffic modernization projects

(a) In General.—Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation's air transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.

(b) Federal Share.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.

(c) Limitation on Grant Amounts.—No eligible project may receive more than $5,000,000 in Federal funds under the program.

(d) Funding.—The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.

(e) Definitions.—In this section, the following definitions apply:

(1) Eligible project.—The term "eligible project" means a project to purchase equipment or software relating to the Nation's air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—

(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;

(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and

(C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.


(2) Project sponsor.—The term "project sponsor" means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.


(f) Transfers of Equipment.—Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.

(g) Guidelines.—The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.

(Added Pub. L. 108–176, title I, §183(a), Dec. 12, 2003, 117 Stat. 2516.)


Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.

§44518. Advanced Materials Center of Excellence

(a) In General.—

(1) Continued operations.—The Administrator shall—

(A) continue operation of the Advanced Materials Center of Excellence (referred to in this section as the "Center"); and

(B) make a determination on whether to award a grant to the Center not later than 90 days after the date on which the grants officer of the Federal Aviation Administration recommends a proposal for award of such grant to the Administrator.


(2) Purposes.—The Center shall—

(A) focus on applied research and training on the safe use of composites and advanced materials, and related manufacturing practices, in airframe structures; and

(B) conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft.


(b) Responsibilities.—The Center shall—

(1) promote and facilitate collaboration among member universities, academia, the Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders for the purposes under subsection (a) and the activities described in paragraphs (2) through (4);

(2) carry out research and development activities to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which shall include—

(A) all structural materials, including—

(i) metallic and non-metallic based additive materials, ceramic materials, carbon fiber polymers, and thermoplastic composites;

(ii) the long-term material and structural behavior of such materials; and

(iii) evaluating the resiliency and long-term durability of advanced materials in high temperature conditions and in engines for applications in advanced aircraft; and


(B) structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and


(3) conduct research activities for the purpose of improving the safety and certification of aviation structures, materials, and additively manufactured aviation products and components; and

(4) conducting 1 research activities to advance the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.


(c) Authorization of Appropriations.—Out of amounts appropriated under section 48102(a), the Administrator may expend not more than $10,000,000 for each of fiscal years 2021 through 2023 to carry out this section. Amounts appropriated under the preceding sentence for each fiscal year shall remain available until expended.

(Added Pub. L. 115–254, div. B, title VII, §762(a), Oct. 5, 2018, 132 Stat. 3428; amended Pub. L. 116–260, div. V, title I, §134, Dec. 27, 2020, 134 Stat. 2356; Pub. L. 118–63, title X, §1005, May 16, 2024, 138 Stat. 1387.)

Amendments

2024—Subsec. (a). Pub. L. 118–63, §1005(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "The Administrator of the Federal Aviation Administration shall continue operation of the Advanced Materials Center of Excellence (referred to in this section as the "Center") under its structure as in effect on March 1, 2016, which shall focus on applied research and training on the durability and maintainability of advanced materials in transport airframe structures."

Subsec. (b). Pub. L. 118–63, §1005(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "The Center shall—

"(1) promote and facilitate collaboration among academia, the Transportation Division of the Federal Aviation Administration, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and

"(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study."

2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).

1 So in original. Probably should be "conduct".

§44519. Certification personnel continuing education and training

(a) In General.—The Administrator of the Federal Aviation Administration shall—

(1) develop a program for regular recurrent training of engineers, inspectors, and other subject-matter experts employed in the Aircraft Certification Service of the Administration in accordance with the training strategy developed pursuant to section 231 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3256);

(2) to the maximum extent practicable, implement measures, including assignments in multiple divisions of the Aircraft Certification Service, to ensure that such engineers and other subject-matter experts in the Aircraft Certification Service have access to diverse professional opportunities that expand their knowledge and skills;

(3) develop a program to provide continuing education and training to Administration personnel who hold positions involving aircraft certification and flight standards, including human factors specialists, engineers, flight test pilots, inspectors, and, as determined appropriate by the Administrator, industry personnel who may be responsible for compliance activities including designees; and

(4) in consultation with outside experts, develop—

(A) an education and training curriculum on current and new aircraft technologies, human factors, project management, and the roles and responsibilities associated with oversight of designees; and

(B) recommended practices for compliance with Administration regulations.


(b) Implementation.—The Administrator shall, to the maximum extent practicable, ensure that actions taken pursuant to subsection (a)—

(1) permit engineers, inspectors, and other subject matter experts to continue developing knowledge of, and expertise in, new and emerging technologies in systems design, flight controls, principles of aviation safety, system oversight, and certification project management;

(2) minimize the likelihood of an individual developing an inappropriate bias toward a designer or manufacturer of aircraft, aircraft engines, propellers, or appliances;

(3) are consistent with any applicable collective bargaining agreements; and

(4) account for gaps in knowledge and skills (as identified by the Administrator in consultation with the exclusive bargaining representatives certified under section 7111 of title 5, United States Code) between Administration employees and private-sector employees for each group of Administration employees covered under this section.


(c) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator, $10,000,000 for each of fiscal years 2021 through 2028 to carry out this section. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.

(Added Pub. L. 116–260, div. V, title I, §112(a), Dec. 27, 2020, 134 Stat. 2331; amended Pub. L. 118–63, title III, §306(d), May 16, 2024, 138 Stat. 1072.)


Editorial Notes

References in Text

Section 231 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3256), referred to in subsec. (a)(1), is section 231 of Pub. L. 115–254, div. B, title II, Oct. 5, 2018, 132 Stat. 3256, which is not classified to the Code.

Amendments

2024—Subsec. (c). Pub. L. 118–63 substituted "2028" for "2023".

§44520. Center of Excellence for Alternative Jet Fuels and Environment

(a) In General.—The Administrator shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the "Center").

(b) Responsibilities.—The Center shall—

(1) focus on research to—

(A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, next-generation feedstocks, alcohols, organic acids, hydrogen, bioderived chemicals and gaseous carbon) for commercial aircraft;

(B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems;

(C) reduce community exposure to civilian aircraft noise and pollutant emissions;

(D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and

(E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools;


(2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft; and

(3) support collaboration with other Federal agencies, industry stakeholders, research institutions, and other relevant entities to accelerate the research, development, testing, evaluation, and demonstration programs and facilitate United States sustainability and competitiveness in aviation.


(c) Grant Authority.—The Administrator shall carry out the work of the Center through the use of grants or other measures, as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements and coordination with other Federal agencies.

(d) Participation.—

(1) Participation of educational and research institutions.—In carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by—

(A) institutions of higher education and research institutions that—

(i) have existing facilities for research, development, and testing; and

(ii) leverage private sector partnerships;


(B) other Federal agencies;

(C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and

(D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft.


(2) Use of nasa facilities.—The Center shall, in consultation with the Administrator of NASA, consider using, on a reimbursable basis, the existing and available capacity in aeronautics research facilities at the Langley Research Center, the NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.

(Added Pub. L. 118–63, title X, §1017(a), May 16, 2024, 138 Stat. 1396.)

CHAPTER 447—SAFETY REGULATION

Sec.
44701.
General requirements.
44702.
Issuance of certificates.
44703.
Airman certificates.
44704.
Type certificates, production certificates, airworthiness certificates, and design and production organization certificates.
44705.
Air carrier operating certificates.
44706.
Airport operating certificates.
44707.
Examining and rating air agencies.
44708.
Inspecting and rating air navigation facilities.
44709.
Amendments, modifications, suspensions, and revocations of certificates.
44710.
Revocations of airman certificates for controlled substance violations.
44711.
Prohibitions and exemption.
44712.
Emergency locator transmitters.
44713.
Inspection and maintenance.
44714.
Aviation fuel standards.
44715.
Controlling aircraft noise and sonic boom.
44716.
Collision avoidance systems.
44717.
Aging aircraft.
44718.
Structures interfering with air commerce or national security.
44719.
Standards for navigational aids.
44720.
Meteorological services.
44721.
Aeronautical charts and related products and services.
44722.
Aircraft operations in winter conditions.
44723.
Annual report.
44724.
Manipulation of flight controls.
44725.
Life-limited aircraft parts.
44726.
Denial and revocation of certificate for counterfeit parts violations.
44727.
Runway safety areas.
44728.
Flight attendant certification.
44729.
Age standards for pilots.
44730.
Helicopter air ambulance operations.
44731.
Collection of data on helicopter air ambulance operations.
44732.
Prohibition on personal use of electronic devices on flight deck.
44733.
Oversight of repair stations located outside the United States.
44734.
Training of flight attendants.
44735.
Limitation on disclosure of safety information.
44736.
Organization designation authorizations.
44737.
Helicopter fuel system safety.
44738.
Training on human trafficking for certain staff.
44739.
Pets on airplanes.
44740.
Special rule for certain aircraft operations.
44741.
Approval of organization designation authorization unit members.
44742.
Interference with the duties of organization designation authorization unit members.
44743.
Pilot training requirements.
44744.
Flight Crew Alerting.1

        

44745.
Don Young Alaska Aviation Safety Initiative.
44746.
Flight data recovery from overwater operations.
44747.
Aviation safety oversight measures carried out by foreign countries.
44748.
Aircraft dispatching.

        

Editorial Notes

Amendments

2024Pub. L. 118–63, title III, §§302(a)(3), 342(f), 352(b), 369(c), title IV, §420(b)(2), May 16, 2024, 138 Stat. 1069, 1101, 1112, 1139, 1165, added items 44733 and 44745 to 44748 and struck out former item 44733 "Inspection of repair stations located outside the United States".

2022Pub. L. 117–328, div. O, title V, §501(e), Dec. 29, 2022, 136 Stat. 5231, added item 44744.

2020Pub. L. 116–260, div. V, title I, §§107(d)(2), 119(b), Dec. 27, 2020, 134 Stat. 2326, 2339, added items 44740 to 44743 and struck out second item 44737 "Special rule for certain aircraft operations".

2018Pub. L. 115–254, div. B, title II, §212(b), title III, §317(b), title IV, §§408(b), 417(b), title V, §581(b)(2), Oct. 5, 2018, 132 Stat. 3249, 3269, 3330, 3334, 3398, added item 44736, two items 44737, and items 44738 and 44739.

2016Pub. L. 114–328, div. A, title III, §341(a)(4)(B), Dec. 23, 2016, 130 Stat. 2081, substituted "Structures interfering with air commerce or national security" for "Structures interfering with air commerce" in item 44718.

2012Pub. L. 112–95, title III, §§303(c)(2), 306(c), 307(c), 308(b), 309(b), 310(b), Feb. 14, 2012, 126 Stat. 58, 61, 62, 64, 65, substituted "Type certificates, production certificates, airworthiness certificates, and design and production organization certificates" for "Type certificates, production certificates, airworthiness certificates, and design organization certificates" in item 44704 and added items 44730 to 44735.

2007Pub. L. 110–135, §2(b), Dec. 13, 2007, 121 Stat. 1452, added item 44729.

2003Pub. L. 108–176, title II, §227(e)(2), title V, §502(b), title VIII, §814(b), Dec. 12, 2003, 117 Stat. 2532, 2557, 2592, substituted "Type certificates, production certificates, airworthiness certificates, and design organization certificates" for "Type certificates, production certificates, and airworthiness certificates" in item 44704 and added items 44727 and 44728.

2000Pub. L. 106–181, title V, §§504(c), 505(a)(2), title VI, §603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted "Aeronautical charts and related products and services" for "Aeronautical maps and charts" in item 44721 and added items 44725 and 44726.

1996Pub. L. 104–264, title VI, §602(a)(2), Oct. 9, 1996, 110 Stat. 3264, added item 44724.

1 So in original. Does not conform to section catchline.

§44701. General requirements

(a) Promoting Safety.—The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing—

(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, cybersecurity, and performance of aircraft, aircraft engines, and propellers;

(2) regulations and minimum standards in the interest of safety for—

(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;

(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and

(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;


(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight;

(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and

(5) regulations and minimum standards for cybersecurity and other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.


(b) Prescribing Minimum Safety Standards.—The Administrator may prescribe minimum safety standards for—

(1) an air carrier to whom a certificate is issued under section 44705 of this title; and

(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.


(c) Reducing and Eliminating Accidents.—The Administrator shall carry out this chapter in a way that best tends to reduce or eliminate the possibility or recurrence of accidents in air transportation. However, the Administrator is not required to give preference either to air transportation or to other air commerce in carrying out this chapter.

(d) Considerations and Classification of Regulations and Standards.—When prescribing a regulation or standard under subsection (a) or (b) of this section or any of sections 44702–44716 of this title, the Administrator shall—

(1) consider—

(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and

(B) differences between air transportation and other air commerce; and


(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.


(e) Bilateral Exchanges of Safety Oversight Responsibilities.—

(1) In general.—Notwithstanding the provisions of this chapter, the Administrator, pursuant to Article 83 bis of the Convention on International Civil Aviation and by a bilateral agreement with the aeronautical authorities of another country, may exchange with that country all or part of their respective functions and duties with respect to registered aircraft under the following articles of the Convention: Article 12 (Rules of the Air); Article 31 (Certificates of Airworthiness); or Article 32a (Licenses of Personnel).

(2) Relinquishment and acceptance of responsibility.—The Administrator relinquishes responsibility with respect to the functions and duties transferred by the Administrator as specified in the bilateral agreement, under the Articles listed in paragraph (1) for United States-registered aircraft described in paragraph (4)(A) transferred abroad and accepts responsibility with respect to the functions and duties under those Articles for aircraft registered abroad and described in paragraph (4)(B) that are transferred to the United States.

(3) Conditions.—The Administrator may predicate, in the agreement, the transfer of functions and duties under this subsection on any conditions the Administrator deems necessary and prudent, except that the Administrator may not transfer responsibilities for United States registered aircraft described in paragraph (4)(A) to a country that the Administrator determines is not in compliance with its obligations under international law for the safety oversight of civil aviation.

(4) Registered aircraft defined.—In this subsection, the term "registered aircraft" means—

(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and

(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.


(5) Foreign airworthiness directives.—

(A) Acceptance.—Subject to subparagraph (D), the Administrator may accept an airworthiness directive, as defined in section 39.3 of title 14, Code of Federal Regulations, issued by an aeronautical safety authority of a foreign country, and leverage that authority's regulatory process, if—

(i) the country is the state of design for the product that is the subject of the airworthiness directive;

(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;

(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has an aircraft certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;

(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness directives; and

(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.


(B) Alternative approval process.—Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness directive instead of accepting an airworthiness directive otherwise eligible for acceptance under such subparagraph, if the Administrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness directive or the United States aviation system.

(C) Alternative means of compliance.—The Administrator may—

(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or

(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph, approve an alternative means of compliance with respect to the airworthiness directive.


(D) Limitation.—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the airworthiness directive addresses matters other than those involving the safe operation of an aircraft.


(f) Exemptions.—The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest.

(g) Exclusive Rulemaking Authority.—Notwithstanding any other provision of law and except as provided in section 40131, the Administrator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to prescribe regulations for purposes of assuring the cybersecurity of civil aircraft, aircraft engines, propellers, and appliances.

(h) Policies, Orders, and Guidance.—

(1) Consistency of application.—The Administrator shall ensure consistency in the application of policies, orders, and guidance of the Administration by—

(A) audits of the application and interpretation of such material by Administration personnel from person to person and office to office;

(B) updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities, such as through repeated inconsistent interpretation; and

(C) ensuring officials are properly documenting findings and decisions throughout a project to decrease the occurrence of duplicative work and inconsistent findings by subsequent officials assigned to the same project.


(2) Alterations.—The Administrator shall consult as appropriate with regulated entities who will be impacted by proposed changes to the content or application of policies, orders, and guidance before making such changes.

(3) Authorities and regulations.—The Administrator shall issue policies, orders, and guidance documents that are related to a law or regulation or clarify the intent of or compliance with specific laws and regulations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103–429, §6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title VII, §714, Apr. 5, 2000, 114 Stat. 161; Pub. L. 115–254, div. B, title II, §242, Oct. 5, 2018, 132 Stat. 3258; Pub. L. 118–63, title III, §392, title VIII, §822, May 16, 2024, 138 Stat. 1143, 1331.)

Historical and Revision Notes
Pub. L. 103–272
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44701(a) 49 App.:1421(a). Aug. 23, 1958, Pub. L. 85–726, §§601(a), (b) (1st sentence related to standards, rules, and regulations, last sentence), (c), 604(a) (related to standards), 72 Stat. 775, 778.
  49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.
44701(b) 49 App.:1424(a) (related to standards).
  49 App.:1432(a) (related to standards). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(a) (related to standards); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97–248, §525(a), 96 Stat. 697.
  49 App.:1655(c)(1).
44701(c) 49 App.:1421(b) (last sentence).
  49 App.:1655(c)(1).
44701(d) 49 App.:1421(b) (1st sentence related to standards, rules, and regulations).
  49 App.:1655(c)(1).
44701(e) 49 App.:1421(c).
  49 App.:1655(c)(1).

In this section, the word "Administrator" in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "is empowered and it . . . be his duty to" and "and revising from time to time" are omitted as surplus. In clause (1), the words "as may be" are omitted as surplus. In clauses (2)–(5), the words "Reasonable" and "reasonable" are omitted as surplus and the word "rules" is omitted as being synonymous with "regulations". In clause (5), the words "to provide adequately" are omitted as surplus.

In subsection (b)(1), the words "the operation of" are omitted as surplus. The words "under section 44705 of this title" are added for clarity.

In subsection (b)(2), the words "scheduled or unscheduled" are omitted as surplus.

In subsection (c), the words "carry out" are substituted for "exercise and perform his powers and duties under", and the words "in carrying out" are substituted for "in the administration and enforcement of", for consistency and to eliminate unnecessary words.

In subsection (d), before clause (1), the word "rules" is omitted as being synonymous with "regulations". In clause (1), before subclause (A), the word "full" is omitted as surplus. In clause (1)(A), the word "provide" is substituted for "perform" for consistency in the revised title.

In subsection (e), the words "from time to time" are omitted as surplus. The word "rule" is omitted as being synonymous with "regulation".

Pub. L. 103–429

This amends 49:44701(d) and (e) to correct erroneous cross-references.


Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, §392(a)(1), inserted "cybersecurity," after "quality of work,".

Subsec. (a)(5). Pub. L. 118–63, §392(a)(2), inserted "cybersecurity and" after "standards for" and substituted "procedures" for "procedure".

Subsec. (g). Pub. L. 118–63, §392(b), added subsec. (g).

Subsec. (h). Pub. L. 118–63, §822, added subsec. (h).

2018—Subsec. (e)(5). Pub. L. 115–254 added par. (5).

2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).

1994—Subsecs. (d), (e). Pub. L. 103–429 substituted "any of sections 44702–44716" for "section 44702–44716".


Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Scalability of Safety Management Systems

Pub. L. 118–63, title III, §308, May 16, 2024, 138 Stat. 1072, provided that: "In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator [of the Federal Aviation Administration] shall consider the scalability of such safety management system requirements, to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including—

"(1) how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks;

"(2) a review of traditional safety management techniques and the suitability of such techniques for small entities;

"(3) the applicability of existing safety management system programs implemented by an entity;

"(4) the suitability of existing requirements under part 5 of title 14, Code of Federal Regulations, for small entities; and

"(5) other unique challenges relating to small entities the Administrator determines appropriate to consider."

National Simulator Program Policies and Guidance

Pub. L. 118–63, title III, §325, May 16, 2024, 138 Stat. 1085, provided that:

"(a) Review.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.

"(b) Updates.—Upon completion of the review required under subsection (a), the Administrator shall, at a minimum, update relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.

"(c) Consultation.—In carrying out the review required under subsection (a), the Administrator shall convene and consult with entities required to comply with part 60 of title 14, Code of Federal Regulations, including representatives of—

"(1) air carriers;

"(2) flight schools certificated under part 141 of title 14, Code of Federal Regulations;

"(3) training centers certificated under part 142 of title 14, Code of Federal Regulations; and

"(4) manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title).

"(d) GAO Study on FAA National Simulator Program.—

"(1) In general.—Not later than 18 months after the date of enactment of this Act, the Comptroller General [of the United States] shall conduct a study on the National Simulator Program of the FAA [Federal Aviation Administration] that is part of the Training and Simulation Group of the Air Transportation Division.

"(2) Considerations.—In conducting the study required under paragraph (1), the Comptroller General shall, at a minimum, assess—

"(A) how the program described in paragraph (1) is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title);

"(B) the staffing levels, critical competencies, and skills gaps of FAA personnel responsible for carrying out and supporting the program described in paragraph (1); and

"(C) how the program described in paragraph (1) engages air carriers and relevant industry stakeholders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations.

"(3) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the findings of the study conducted under paragraph (1)."

Aircraft Interchange Agreement Limitations

Pub. L. 118–63, title III, §329, May 16, 2024, 138 Stat. 1086, provided that:

"(a) Study.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a study of foreign interchange agreements.

"(b) Contents.—In carrying out the study required under subsection (a), the Administrator shall address the following:

"(1) Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements.

"(2) Time limits for foreign aircraft interchange agreements.

"(3) Minimum breaks between foreign aircraft interchange agreements.

"(4) Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines.

"(5) Limits for no more than 2 foreign aircraft on the interchange agreement.

"(c) Briefing.—Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the results of the study required under subsection (a).

"(d) Rulemaking.—Based on the results of the study required under subsection (a), the Administrator may, if appropriate, update the relevant sections of part 121 of title 14, Code of Federal Regulations."

Tarmac Operations Monitoring Study

Pub. L. 118–63, title III, §338, May 16, 2024, 138 Stat. 1093, provided that:

"(a) In General.—The Director of the Bureau of Transportation Statistics, in consultation with relevant offices within the Office of the Secretary [of Transportation] and the FAA [Federal Aviation Administration] (as determined by the Secretary), shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports.

"(b) Objectives.—The objectives of the study conducted under subsection (a) shall include the following:

"(1) Determining the current state of ground source data coverage at airports.

"(2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.

"(3) Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics.

"(4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.

"(c) Pilot Program.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Director shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports.

"(2) Requirements.—The pilot program established under paragraph (1) shall—

"(A) include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic;

"(B) terminate not more than 3 years after the date of enactment of this Act; and

"(C) be subject to any guidelines issued by the Director.

"(d) Report.—Not later than 4 years after the date of enactment of this Act, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website."

Improvements to Aviation Safety Information Analysis and Sharing Program

Pub. L. 118–63, title III, §348, May 16, 2024, 138 Stat. 1107, provided that:

"(a) In General.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with respect to safety data sharing and risk mitigation.

"(b) Requirements.—In carrying out subsection (a), the Administrator shall—

"(1) identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;

"(2) develop predictive capabilities to anticipate emerging safety risks;

"(3) identify methods to improve shared data environments with external stakeholders;

"(4) establish a robust process for prioritizing requests for safety information;

"(5) establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;

"(6) identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—

"(A) general aviation;

"(B) air transportation and commercial aviation;

"(C) rotorcraft operations;

"(D) air ambulance operations; and

"(E) aviation maintenance;

"(7) establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and

"(8) integrate safety data from unmanned aircraft system operators, as appropriate.

"(c) Implementation.—In carrying out subsection (a), the Administrator shall—

"(1) prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA [Federal Aviation Administration] critical aviation safety programs; and

"(2) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria.

"(d) Rule of Construction.—Nothing in this section shall be construed—

"(1) to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or

"(2) to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program.

"(e) Briefing.—Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the progress of implementation of the Aviation Safety Information Analysis and Sharing Program, including—

"(1) an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports;

"(2) a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones;

"(3) steps taken to make improvements under subsection (b); and

"(4) a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6)."

Part 135 Duty and Rest

Pub. L. 118–63, title III, §351, May 16, 2024, 138 Stat. 1111, provided that:

"(a) Part 91 Tail–end Ferry Rulemaking.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall require that any operation conducted by a flight crewmember during an assigned duty period under the operational control of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an intervening rest period, shall count towards the flight time and duty period limitations of such flight crewmember under part 135 of title 14, Code of Federal Regulations.

"(b) Record Keeping.—Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regarding complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly document, at a minimum—

"(1) flight crew assignments;

"(2) flight crew prospective rest notifications;

"(3) compliance with flight and duty times limitations and post-duty rest requirements; and

"(4) duty period start and end times.

"(c) Safety Management System Oversight.—The Administrator, in performing oversight of the safety management system of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, following the implementation of the final rule issued based on the final rule titled 'Safety Management Systems', and published on April 26, 2024 (89 Fed. Reg. 33068), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, including, at minimum, risks associated with—

"(1) inadequate flight crewmember duty and rest periods; and

"(2) incomplete records pertaining to flight crew rest, duty, and flight times.

"(d) Organ Transportation Flights.—In updating guidance and policy pursuant to subsection (b), the Administrator shall consider and allow for appropriate accommodations, including accommodations related to subsections (b)(2) and (b)(4) for operators—

"(1) performing organ transportation operations; and

"(2) who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest."

Ramp Worker Safety Call to Action

Pub. L. 118–63, title III, §353, May 16, 2024, 138 Stat. 1112, provided that:

"(a) Call to Action Ramp Worker Safety Review.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall initiate a Call to Action safety review of airport ramp worker safety and ways to minimize or eliminate ingestion zone and jet blast zone accidents.

"(b) Contents.—The Call to Action safety review required pursuant to subsection (a) shall include—

"(1) a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes;

"(2) a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident;

"(3) training and related educational materials for airport ramp workers, including supervisory and contract employees;

"(4) any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets;

"(5) a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;

"(6) a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and

"(7) a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices.

"(c) Report and Actions.—Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall—

"(1) submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports; and

"(2) initiate such actions as are necessary to act upon the findings of the review.

"(d) Training Materials.—Not later than 6 months after the completion of the safety review required under subsection (a), the Administrator shall develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews, including supervisory and contract employees, that includes information on—

"(1) the specific dangers and consequences of entering engine ingestion or jet blast zones;

"(2) proper protocols to avoid entering an engine ingestion or jet blast zone; and

"(3) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.

"(e) Consultation.—In carrying out this section, the Administrator shall consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators.

"(f) Training Requirements.—Not later than 6 months after the publication of the training and related educational materials required under subsection (d), the Administrator may require any ramp worker, as appropriate, to receive the relevant engine ingestion and jet blast zone hazard training before such ramp worker may perform work on any airport ramp."

Modernization and Improvements to Aircraft Evacuation

Pub. L. 118–63, title III, §365, May 16, 2024, 138 Stat. 1132, provided that:

"(a) Study.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations.

"(2) Contents.—

"(A) Requirements.—The study required under paragraph (1) shall include—

"(i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;

"(ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;

"(iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;

"(iv) the research proposed in National Transportation Safety Board Safety Recommendation A–18–009; and

"(v) any other analysis determined appropriate by the Administrator.

"(B) Considerations.—In conducting the study under paragraph (1), the Administrator shall assess the following:

"(i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane.

"(ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane.

"(iii) The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane.

"(iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane.

"(v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane.

"(vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(x) The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(xi) The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane.

"(xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA [Federal Aviation Administration] emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant.

"(xiii) Any other factor determined appropriate by the Administrator.

"(C) Definitions.—In this paragraph:

"(i) Passenger load.—The term 'passenger load' means the number of passengers relative to the number of seats onboard the aircraft.

"(ii) Passengers with disabilities.—The term 'passengers with disabilities' means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.

"(b) Aviation Rulemaking Committee for Evacuation Standards.—

"(1) In general.—Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the 'Committee') to—

"(A) review the findings of the study; and

"(B) develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations.

"(2) Composition.—The Committee shall consist of members appointed by the Administrator, including the following:

"(A) Representatives of industry.

"(B) Representatives of aviation labor organizations.

"(C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121.

"(D) Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances.

"(E) Representatives of the senior citizen community.

"(F) Representatives of pediatricians.

"(3) Considerations.—In reviewing the findings of the study conducted under subsection (a) and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following:

"(A) The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121.

"(B) Scientific data derived from the study conducted under subsection (a).

"(C) Any data gathered from aviation safety reporting programs.

"(D) The cost-benefit analysis and risk analysis of any recommended standards.

"(E) Any other item determined appropriate by the Committee.

"(c) Report to Congress.—Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on—

"(1) the findings of the study conducted under subsection (a);

"(2) the recommendations of the Committee under subsection (b)(1)(B); and

"(3) the Administrator's plan, if any, to implement such recommendations.

"(d) Rulemaking.—Not later than 90 days after submitting to Congress the report under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator considers appropriate."

25-Hour Cockpit Voice Recorder

Pub. L. 118–63, title III, §366, May 16, 2024, 138 Stat. 1135, provided that:

"(a) In General.—

"(1) Cockpit voice recorder for newly manufactured aircraft.—A covered operator may not operate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act [May 16, 2024] unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

"(2) Cockpit voice recorder for covered aircraft.—Not later than 6 years after the date of enactment of this Act, a covered operator may not operate a covered aircraft unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.

"(b) Prohibited Use.—The Administrator [of the Federal Aviation Administration] or any covered operator may not use a cockpit voice recorder recording for a certificate action, civil penalty, or disciplinary proceedings against a flight crewmember.

"(c) Rulemaking.—Not later than 3 years after the date of enactment of this Act, the Administrator shall—

"(1) issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and

"(2) issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder—

"(A) is protected from unlawful or unauthorized disclosure to the public;

"(B) is used exclusively by a Federal agency or a foreign accident investigative agency for a criminal investigation, aircraft accident, or aircraft incident investigation; and

"(C) is not deliberately erased or tampered with following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, for which civil and criminal penalties may be assessed in accordance with section 1155 of title 49, United States Code, and section 32 of title 18, United States Code.

"(d) Savings Clause.—Nothing in this section shall be construed as rescoping, constraining, or otherwise mandating delays to FAA [Federal Aviation Administration] actions in the notice of proposed rulemaking titled '25–Hour Cockpit Voice Recorder (CVR) Requirements, New Aircraft Production', issued on December 4, 2023 (88 Fed. Reg. 84090).

"(e) Rule of Construction.—Nothing in this section shall be construed to affect—

"(1) the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code;

"(2) the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or

"(3) the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations.

"(f) Definitions.—In this section:

"(1) Covered aircraft.—The term 'covered aircraft' means—

"(A) an aircraft operated by an air carrier under part 121 of title 14, Code of Federal Regulations; or

"(B) a transport category aircraft designed for operations by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an aircraft.

"(2) Covered operator.—The term 'covered operator' means the operator of a covered aircraft."

Staffing Model for Aviation Safety Inspectors; Safety-Critical Staffing

Pub. L. 118–63, title IV, §§430, 431, May 16, 2024, 138 Stat. 1172, 1173, provided that:

"SEC. 430. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

"(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and, as necessary, revise the staffing model for aviation safety inspectors.

"(b) Requirements.—

"(1) Consideration of prior studies and reports.—In reviewing and revising the model, the Administrator shall take into consideration the contents and recommendations contained in the following:

"(A) The 2006 report released by the National Research Council titled 'Staffing Standards for Aviation Safety Inspectors'.

"(B) The 2007 study released by the National Academy of Sciences titled 'Staffing Standards for Aviation Safety Inspectors'.

"(C) The 2013 report released by Grant Thornton LLP, titled 'ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences' Recommendations Final Report'.

"(D) The 2021 report released by the inspector general of the Department of Transportation titled 'FAA [Federal Aviation Administration] Can Increase Its Inspector Staffing Model's Effectiveness by Implementing System Improvements and Maximizing Its Capabilities".

"(E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note).

"(2) Assessments.—In carrying out this section, the Administrator shall assess the following:

"(A) Projected staffing needs at the service and office level.

"(B) Forecasted attrition of the aviation safety inspector workforce.

"(C) Forecasted workload of aviation safety inspectors, including responsibilities associated with overseeing aviation manufacturers and new airspace entrants.

"(D) Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the office level.

"(E) Work performed by aviation safety inspectors in comparison to designees acting on behalf of the Administrator.

"(F) Any associated performance metrics to inform periodic comparisons to actual aviation safety inspector staffing level results.

"(3) Consultation.—In carrying out this section, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.

"SEC. 431. SAFETY-CRITICAL STAFFING.

"(a) Implementation of Staffing Standards for Safety Inspectors.—Upon completion of the revised staffing model for aviation safety inspectors under section 430, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that are identified in such model to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including potentially increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service each fiscal year, as appropriate, so long as such staffing increases are measured relative to the number of individuals serving in safety-critical positions as of September 30, 2023.

"(b) Availability of Appropriations.—Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.

"(c) Safety-critical Positions Defined.—In this section, the term 'safety-critical positions' means—

"(1) aviation safety inspectors, aviation safety specialists (1801 job series), aviation safety technicians, and operations support positions in the Flight Standards Service; and

"(2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 job series), safety technical specialists, and operational support positions in the Aircraft Certification Service."

Deterring Crewmember Interference

Pub. L. 118–63, title IV, §432, May 16, 2024, 138 Stat. 1173, provided that:

"(a) Task Force.—

"(1) In general.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall convene a task force to develop voluntary standards and best practices relating to suspected violations of sections 46318, 46503, and 46504 of title 49, United States Code, including—

"(A) proper and consistent incident documentation and reporting techniques;

"(B) best practices for flight crew and cabin crew response, including de-escalation;

"(C) improved coordination between stakeholders, including flight crew and cabin crew, airport staff, other Federal agencies as appropriate, and law enforcement; and

"(D) appropriate enforcement actions.

"(2) Membership.—The task force convened under paragraph (1) shall be comprised of representatives of—

"(A) air carriers;

"(B) airport sponsors and airport law enforcement agencies;

"(C) other Federal agencies determined necessary by the Administrator;

"(D) labor organizations representing air carrier pilots;

"(E) labor organizations representing flight attendants; and

"(F) labor organizations representing ticketing, check-in, or other customer service representatives employed by air carriers.

"(b) Announcements.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to include in the briefing of passengers before takeoff required under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the duties of a crewmember.

"(c) Definitions.—For purposes of this section, the definitions in section 40102(a) of title 49, United States Code, shall apply to terms in this section."

Updating Passenger Information Requirement Regulations

Pub. L. 118–63, title V, §518, May 16, 2024, 138 Stat. 1199, provided that:

"(a) ARAC Tasking.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall task the Aviation Rulemaking Advisory Committee with—

"(1) reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation[s], and such other related regulations as the Administrator determines appropriate; and

"(2) making recommendations to update and improve such regulations.

"(b) Final Regulation.—Not later than 6 years after the date of enactment of this Act, the Administrator shall issue a final regulation revising section 121.317 of title 14, Code of Federal Regulations, and such other related regulations as the Administrator determines appropriate, to—

"(1) update such section and regulations to incorporate exemptions commonly issued by the Administrator;

"(2) reflect civil penalty inflation adjustments; and

"(3) incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appropriate."

Surface Surveillance

Pub. L. 118–63, title VI, §617, May 16, 2024, 138 Stat. 1229, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall conduct a review of surface surveillance systems that are operational as of such date of enactment.

"(b) Contents.—In carrying out the review under subsection (a), the Administrator shall—

"(1) demonstrate that any change to the configuration of surface surveillance systems or decommissioning of a sensor from such systems provides an equivalent level of safety as the current system;

"(2) determine how a technology refresh of legacy sensor equipment can reduce operational and maintenance costs of surface surveillance systems compared to current costs and extend the useful life and affordability of such systems; and

"(3) consider how to enhance such systems through new capabilities and software tools that improve the safety of terminal airspace and the airport surface.

"(c) Consultation.—In carrying out the review under subsection (a), the Administrator shall consult with—

"(1) aviation safety experts with specific knowledge of surface surveillance technology, including multilateration and automatic dependent surveillance-broadcast;

"(2) representatives of the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code, with expertise in surface safety; and

"(3) representatives of the exclusive bargaining representative of airway transportation systems specialists of the FAA [Federal Aviation Administration] certified under section 7111 of title 5, United States Code.

"(d) Briefing.—Upon completion of the review under subsection (a), the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on the findings of such review.

"(e) Implementation.—The Administrator may implement changes to surface surveillance systems consistent with the findings of the review described in subsection (d)."

Ensuring Safe Landings During Off-Airport Operations

Pub. L. 118–63, title VIII, §809, May 16, 2024, 138 Stat. 1325, provided that: "The Administrator [of the Federal Aviation Administration] shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe."

Letter of Deviation Authority

Pub. L. 118–63, title VIII, §814, May 16, 2024, 138 Stat. 1327, provided that:

"(a) In General.—A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator [of the Federal Aviation Administration] to allow, conduct, or receive flight training, checking, and testing in such aircraft if—

"(1) the flight instructor is not providing both the training and the aircraft;

"(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and

"(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.

"(b) Covered Aircraft Defined.—In this section, the term 'covered aircraft' means—

"(1) an experimental category aircraft;

"(2) a limited category aircraft; and

"(3) a primary category aircraft."

Consistency of Policy Application in Flight Standards and Aircraft Certification

Pub. L. 118–63, title VIII, §821, May 16, 2024, 138 Stat. 1330, provided that:

"(a) In General.—The inspector general of the Department of Transportation shall initiate audits, as described in subsection (d), of the Flight Standards and Aircraft Certification Services of the FAA [Federal Aviation Administration], and the personnel of such offices, on the consistency of—

"(1) the interpretation of policies, orders, guidance, and regulations; and

"(2) the application of policies, orders, guidance, and regulations.

"(b) Components.—In completing the audits required under this section, the inspector general shall interview stakeholders, including at a minimum, individuals or entities that—

"(1) hold a certificate or authorization related to the issue being audited under subsection (d);

"(2) are from different regions of the country with matters before different flight standards district offices or before different FAA Flight Standards Service and Aircraft Certification Service offices;

"(3) work with multiple flight standards district offices or aircraft certification offices of the Administration; or

"(4) hold a single or multiple relevant certificates or authorizations.

"(c) Reports.—The inspector general of the Department of Transportation shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives], the Secretary [of Transportation], and the Administrator [of the Federal Aviation Administration] a report for each audit required in this section, containing the results of the audit, including findings and necessary recommendations to the Administrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration.

"(d) Audits.—The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than—

"(1) 18 months after the date of enactment of this Act [May 16, 2024], with regard to supplemental type certificates;

"(2) 34 months after the date of enactment of this Act, with regard to repair stations certificated under part 145 of title 14, Code of Federal Regulations; and

"(3) 50 months after the date of enactment of this Act, with regard to technical standards orders.

"(e) Implementation.—In addressing any recommendations from the inspector general contained in the reports required under subsection (c), the Administrator may—

"(1) maintain an implementation plan; and

"(2) broadly adopt any best practices to improve the consistency of interpretation and application of policies, orders, guidance, and regulations by other offices of the Administration and with regard to other activities of the Administration.

"(f) Briefing.—Not later than 6 months after receiving a report required under subsection (c), the Administrator shall brief the appropriate committees of Congress on the implementation plan required under subsection (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly."

Part 135 Pilot Supplemental Oxygen Requirement

Pub. L. 118–63, title VIII, §834, May 16, 2024, 138 Stat. 1340, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to apply only to aircraft operating at altitudes above flight level 410.

"(b) Considerations.—In issuing the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board."

High-Speed Flight Testing

Pub. L. 118–63, title X, §1009, May 16, 2024, 138 Stat. 1389, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration], shall establish procedures for the exclusive purposes of developmental and airworthiness testing and demonstration flights, which may include the establishment of high-speed testing corridors in the national airspace system—

"(1) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with supersonic speed, not later than 1 year after the date of enactment of this Act [May 16, 2024]; and

"(2) with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with hypersonic speed, not later than 2 years after the date of enactment of this Act.

"(b) Areas of Testing and Demonstration.—The Administrator shall take action, as appropriate, to ensure flight testing and demonstration flights occur in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system.

"(c) Considerations.—In carrying out subsection (a), the Administrator shall consider—

"(1) sections 91.817 and 91.818 of title 14, Code of Federal Regulations;

"(2) applications for special flight authorizations for flights operating at supersonic or hypersonic speed, as described in section 91.818 of such title;

"(3) the environmental impacts of developmental and airworthiness testing operations;

"(4) requiring applicants to include specification of proposed flight areas;

"(5) the authorization of flights to and from airports in Class D airspace within 10 nautical miles of oceanic coastline;

"(6) developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations;

"(7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressures;

"(8) the safety of the uninvolved public; and

"(9) community outreach, education, and engagement.

"(d) Consultation.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report to the covered committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] on a means for supporting continued compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining compliance with such Act for 1 or more over-land or near-land hypersonic and supersonic test areas as established by the Administrator.

"(e) Definitions.—In this section:

"(1) High-speed aircraft.—The term 'high-speed aircraft' means an aircraft operating at speeds in excess of Mach 1, including supersonic and hypersonic aircraft.

"(2) Hypersonic.—The term 'hypersonic' means flights operating at speeds that exceed Mach 5.

"(3) Supersonic.—The term 'supersonic' means flights operating at speeds in excess of Mach 1 but less than Mach 5."

Letter of Deviation Authority

Pub. L. 117–263, div. E, title LVI, §5604, Dec. 23, 2022, 136 Stat. 3406, provided that: "A flight instructor, registered owner, lessor, or lessee of an aircraft shall not be required to obtain a letter of deviation authority from the Administrator of the Federal Aviation Administration to allow, conduct or receive flight training, checking, and testing in an experimental aircraft if—

"(1) the flight instructor is not providing both the training and the aircraft;

"(2) no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and

"(3) no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft."

Safety Management Systems

Pub. L. 118–63, title III, §309, May 16, 2024, 138 Stat. 1073, provided that:

"(a) In General.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review the final rule of the FAA [Federal Aviation Administration] titled 'Safety Management Systems' and issued on April 26, 2024 (89 Fed. Reg. 33068).

"(b) Applicability.—In reviewing the final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under such final rule described in subsection (a) is applied to all certificate holders operating under the rules for commuter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or licensees of a type certificate for the same product, and holders of a type certificate who license out such certificate for production under part 21 of such title.

"(c) Determination.—If the Administrator determines the final rule does not apply the safety management system requirement in the manner described in subsection (b), the Administrator shall issue such regulation, guidance, or policy as may be necessary to ensure such safety management system requirement is applied in such manner."

Pub. L. 116–260, div. V, title I, §102(a)–(f), Dec. 27, 2020, 134 Stat. 2309, 2310, provided that:

"(a) Rulemaking Proceeding.—

"(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a rulemaking proceeding to require that manufacturers that hold both a type certificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where the United States is the State of Design and State of Manufacture, have in place a safety management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to the Convention on International Civil Aviation (61 Stat. 1180), for such systems.

"(2) Contents of regulations.—The regulations issued under paragraph (1) shall, at a minimum—

"(A) ensure safety management systems are consistent with, and complementary to, existing safety management systems;

"(B) include provisions that would permit operational feedback from operators and pilots qualified on the manufacturers' equipment to ensure that the operational assumptions made during design and certification remain valid;

"(C) include provisions for the Administrator's approval of, and regular oversight of adherence to, a certificate holder's safety management system adopted pursuant to such regulations; and

"(D) require such certificate holder to adopt, not later than 4 years after the date of enactment of this title, a safety management system.

"(b) Final Rule Deadline.—Not later than 24 months after initiating the rulemaking under subsection (a), the Administrator shall issue a final rule.

"(c) Surveillance and Audit Requirement.—The final rule issued pursuant to subsection (b) shall include a requirement for the Administrator to implement a systems approach to risk-based surveillance by defining and planning inspections, audits, and monitoring activities on a continuous basis, to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule.

"(d) Engagement With ICAO.—The Administrator shall engage with ICAO and foreign civil aviation authorities to help encourage the adoption of safety management systems for manufacturers on a global basis, consistent with ICAO standards.

"(e) Safety Reporting Program.—The regulations issued under subsection (a) shall require a safety management system to include a confidential employee reporting system through which employees can report hazards, issues, concerns, occurrences, and incidents. A reporting system under this subsection shall include provisions for reporting, without concern for reprisal for reporting, of such items by employees in a manner consistent with confidential employee reporting systems administered by the Administrator. Such regulations shall also require a certificate holder described in subsection (a) to submit a summary of reports received under this subsection to the Administrator at least twice per year.

"(f) Code of Ethics.—The regulations issued under subsection (a) shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees of a certificate holder, including officers (as determined by the FAA), which clarifies that safety is the organization's highest priority.

[For definitions of terms used in section 102(a)–(f) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Certification Oversight Staff

Pub. L. 116–260, div. V, title I, §104, Dec. 27, 2020, 134 Stat. 2316, provided that:

"(a) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $27,000,000 for each of fiscal years 2021 through 2023 to recruit and retain engineers, safety inspectors, human factors specialists, chief scientific and technical advisors, software and cybersecurity experts, and other qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propellers, appliances, and new and emerging technologies, and perform other regulatory activities.

"(b) In General.—Not later than 60 days after the date of enactment of this title [Dec. 27, 2020], and without duplicating any recently completed or ongoing reviews, the Administrator shall initiate a review of—

"(1) the inspectors, human factors specialists, flight test pilots, engineers, managers, and executives in the FAA who are responsible for the certification of the design, manufacture, and operation of aircraft intended for air transportation for purposes of determining whether the FAA has the expertise and capability to adequately understand the safety implications of, and oversee the adoption of, new or innovative technologies, materials, and procedures used by designers and manufacturers of such aircraft; and

"(2) the Senior Technical Experts Program to determine whether the program should be enhanced or expanded to bolster and support the programs of the FAA's Office of Aviation Safety, with particular focus placed on the Aircraft Certification Service and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft.

"(c) Deadline for Completion.—Not later than 270 days after the date of enactment of this title, the Administrator shall complete the review required by subsection (b).

"(d) Briefing.—Not later than 30 days after the completion of the review required by subsection (b), the Administrator shall brief the congressional committees of jurisdiction on the results of the review. The briefing shall include the following:

"(1) An analysis of the Administration's ability to hire safety inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors, who have the requisite expertise to oversee new developments in aerospace design and manufacturing.

"(2) A plan for the Administration to improve the overall expertise of the FAA's personnel who are responsible for the oversight of the design and manufacture of aircraft.

"(e) Consultation Requirement.—In completing the review under subsection (b), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, human factors specialists, flight test pilots, and FAA aviation safety inspectors), and aerospace manufacturers.

"(f) Recruitment and Retention.—

"(1) Bargaining units.—Not later than 30 days after the date of enactment of this title, the Administrator shall begin collaboration with the exclusive bargaining representatives of engineers, safety inspectors, systems safety specialists, and other qualified technical experts certified under section 7111 of title 5, United States Code, to improve recruitment of employees for, and to implement retention incentives for employees holding, positions with respect to the certification of aircraft, aircraft engines, propellers, and appliances. If the Administrator and such representatives are unable to reach an agreement collaboratively, the Administrator and such representatives shall negotiate in accordance with section 40122(a) of title 49, United States Code, to improve recruitment and implement retention incentives for employees described in subsection (a) who are covered under a collective bargaining agreement.

"(2) Other employees.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this title, the Administrator shall initiate actions to improve recruitment of, and implement retention incentives for, any individual described in subsection (a) who is not covered under a collective bargaining agreement.

"(3) Rule of construction.—Nothing in this section shall be construed to vest in any exclusive bargaining representative any management right of the Administrator, as such right existed on the day before the date of enactment of this title.

"(4) Availability of appropriations.—Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (a)."

[For definitions of terms used in section 104 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

Voluntary Safety Reporting Program

Pub. L. 116–260, div. V, title I, §113, Dec. 27, 2020, 134 Stat. 2332, as amended by Pub. L. 118–63, title III, §306(e), May 16, 2024, 138 Stat. 1072, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall establish a voluntary safety reporting program for engineers, safety inspectors, systems safety specialists, and other subject matter experts certified under section 7111 of title 5, United States Code, to confidentially report instances where they have identified safety concerns during certification or oversight processes.

"(b) Safety Reporting Program Requirements.—In establishing the safety reporting program under subsection (a), the Administrator shall ensure the following:

"(1) The FAA maintains a reporting culture that encourages human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report safety concerns.

"(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions related to their participation in the program.

"(3) The safety reporting program identifies exclusionary criteria for the program.

"(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of title 5, United States Code, who are employed in the Aircraft Certification Service or Flight Standards Service of the Administration (or, if unable to reach an agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United States Code, regarding the development of the program).

"(5) Full and collaborative participation in the program by the bargaining representatives of employees described in paragraph (4).

"(6) The Administrator thoroughly reviews safety reports to determine whether there is a safety issue, including a hazard, defect, noncompliance, nonconformance, or process error.

"(7) The Administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised.

"(8) The creation of a corrective action process in order to address safety issues that are identified through the program.

"(c) Outcomes.—Results of safety report reviews under this section may be used to—

"(1) improve—

"(A) safety systems, hazard control, and risk reduction;

"(B) certification systems;

"(C) FAA oversight;

"(D) compliance and conformance; and

"(E) any other matter determined necessary by the Administrator; and

"(2) implement lessons learned.

"(d) Report Filing.—The Administrator shall establish requirements for when in the certification process reports may be filed to—

"(1) ensure that identified issues can be addressed in a timely manner; and

"(2) foster open dialogue between applicants and FAA employees throughout the certification process.

"(e) Integration With Other Safety Reporting Programs.—The Administrator shall implement the safety reporting program established under subsection (a) and the reporting requirements established pursuant to subsection (d) in a manner that is consistent with other voluntary safety reporting programs administered by the Administrator.

"(f) Report to Congress.—Not later than 2 years after the date of enactment of this title, and annually thereafter through fiscal year 2028, the Administrator shall submit to the congressional committees of jurisdiction a report on the effectiveness of the safety reporting program established under subsection (a)."

[For definitions of terms used in section 113 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]

FAA Safety Oversight and Certification and Performance Metrics

Pub. L. 115–254, div. B, title II, §§201, 202, 211, 221, 223, 224, 243, Oct. 5, 2018, 132 Stat. 3242, 3246, 3252, 3254, 3255, 3259, as amended by Pub. L. 116–260, div. V, title I, §129, Dec. 27, 2020, 134 Stat. 2349; Pub. L. 118–63, title I, §104(e), title VIII, §823, May 16, 2024, 138 Stat. 1035, 1332, provided that:

"SEC. 201. DEFINITIONS.

"In this title [enacting this note and section 44736 of this title and amending this section and sections 40104, 44704, and 45305 of this title], the following definitions apply:

"(1) Administrator.—The term 'Administrator' means the Administrator of the FAA.

"(2) Advisory committee.—The term 'Advisory Committee' means the Safety Oversight and Certification Advisory Committee established under section 202.

"(3) FAA.—The term 'FAA' means the Federal Aviation Administration.

"(4) Secretary.—The term 'Secretary' means the Secretary of Transportation.

"(5) Systems safety approach.—The term 'systems safety approach' means the application of specialized technical and managerial skills to the systematic, forward-looking identification and control of hazards throughout the lifecycle of a project, program, or activity.

"SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVISORY COMMITTEE.

"(a) Establishment.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish a Safety Oversight and Certification Advisory Committee.

"(b) Duties.—The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation community that are related to FAA safety oversight and certification programs and activities, including, at a minimum, the following:

"(1) Aircraft and flight standards certification processes, including efforts to streamline those processes.

"(2) Implementation and oversight of safety management systems.

"(3) Risk-based oversight efforts.

"(4) Utilization of delegation and designation authorities, including organization designation authorization.

"(5) Regulatory interpretation standardization efforts.

"(6) Training programs.

"(7) Expediting the rulemaking process and giving priority to rules related to safety.

"(8) Enhancing global competitiveness of United States manufactured and United States certificated aerospace and aviation products and services throughout the world.

"(c) Functions.—In carrying out its duties under subsection (b), the Advisory Committee shall:

"(1) Foster industry collaboration in an open and transparent manner.

"(2) Consult with, and ensure participation by—

"(A) the private sector, including representatives of—

"(i) general aviation;

"(ii) commercial aviation;

"(iii) aviation labor;

"(iv) aviation maintenance, repair, and overhaul;

"(v) aviation, aerospace, and avionics manufacturing;

"(vi) unmanned aircraft systems operators and manufacturers; and

"(vii) the commercial space transportation industry;

"(B) members of the public; and

"(C) other interested parties.

"(3) Recommend consensus national goals, strategic objectives, and priorities for the most efficient, streamlined, and cost-effective certification and safety oversight processes in order to maintain the safety of the aviation system and, at the same time, allow the FAA to meet future needs and ensure that aviation stakeholders remain competitive in the global marketplace.

"(4) Provide policy guidance recommendations for the FAA's certification and safety oversight efforts.

"(5) On a regular basis, review and provide recommendations on the FAA's certification and safety oversight efforts.

"(6) Periodically review and evaluate registration, certification, and related fees.

"(7) Provide appropriate legislative, regulatory, and guidance recommendations for the air transportation system and the aviation safety regulatory environment.

"[(8), (9). Repealed. Pub. L. 116–260, div. V, title I, §129(b), Dec. 27, 2020, 134 Stat. 2349.]

"(10) Provide a venue for tracking progress toward national goals and sustaining joint commitments.

"(11) Recommend recruiting, hiring, training, and continuing education objectives for FAA aviation safety engineers and aviation safety inspectors.

"(12) Provide advice and recommendations to the FAA on how to prioritize safety rulemaking projects.

"(13) Improve the development of FAA regulations by providing information, advice, and recommendations related to aviation issues.

"(14) Facilitate the validation and acceptance of United States manufactured and United States certificated products and services throughout the world.

"(d) Membership.—

"(1) In general.—The Advisory Committee shall be composed of the following members:

"(A) The Administrator (or the Administrator's designee).

"(B) At least 11 individuals, appointed by the Secretary, each of whom represents at least 1 of the following interests:

"(i) Transport aircraft and engine manufacturers.

"(ii) General aviation aircraft and engine manufacturers.

"(iii) Avionics and equipment manufacturers.

"(iv) Aviation labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation safety engineers.

"(v) General aviation operators.

"(vi) Air carriers.

"(vii) Business aviation operators.

"(viii) Unmanned aircraft systems manufacturers and operators.

"(ix) Aviation safety management experts.

"(x) Aviation maintenance, repair, and overhaul.

"(xi) Airport owners and operators.

"(2) Nonvoting members.—

"(A) In general.—In addition to the members appointed under paragraph (1), the Advisory Committee shall be composed of nonvoting members appointed by the Secretary from among individuals representing FAA safety oversight program offices.

"(B) Duties.—The nonvoting members may—

"(i) take part in deliberations of the Advisory Committee; and

"(ii) provide input with respect to any final reports or recommendations of the Advisory Committee.

"(C) Limitation.—The nonvoting members may not represent any stakeholder interest other than that of an FAA safety oversight program office.

"(3) Terms.—Each voting member and nonvoting member of the Advisory Committee appointed by the Secretary shall be appointed for a term of 2 years.

"(4) Committee characteristics.—The Advisory Committee shall have the following characteristics:

"(A) Each voting member under paragraph (1)(B) shall be an executive officer of the organization who has decisionmaking authority within the member's organization and can represent and enter into commitments on behalf of such organization.

"(B) The ability to obtain necessary information from experts in the aviation and aerospace communities.

"(C) A membership size that enables the Advisory Committee to have substantive discussions and reach consensus on issues in a timely manner.

"(D) Appropriate expertise, including expertise in certification and risked-based safety oversight processes, operations, policy, technology, labor relations, training, and finance.

"(5) Limitation on statutory construction.—Public Law 104–65 [the Lobbying Disclosure Act of 1995] (2 U.S.C. 1601 et seq.) may not be construed to prohibit or otherwise limit the appointment of any individual as a member of the Advisory Committee.

"(e) Chairperson.—

"(1) In general.—The Chairperson of the Advisory Committee shall be appointed by the Secretary from among those members of the Advisory Committee that are voting members under subsection (d)(1)(B).

"(2) Term.—Each member appointed under paragraph (1) shall serve a term of 2 years as Chairperson.

"(f) Meetings.—

"(1) Frequency.—The Advisory Committee shall meet at least twice each year at the call of the Chairperson.

"(2) Public attendance.—The meetings of the Advisory Committee shall be open and accessible to the public.

"(g) Special Committees.—

"(1) Establishment.—The Advisory Committee may establish special committees composed of private sector representatives, members of the public, labor representatives, and other relevant parties in complying with consultation and participation requirements under this section.

"(2) Rulemaking advice.—A special committee established by the Advisory Committee may—

"(A) provide rulemaking advice and recommendations to the Advisory Committee with respect to aviation-related issues;

"(B) provide the FAA additional opportunities to obtain firsthand information and insight from those parties that are most affected by existing and proposed regulations; and

"(C) assist in expediting the development, revision, or elimination of rules without circumventing public rulemaking processes and procedures.

"(3) Applicable law.—Public Law 92–463 [the Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to a special committee established by the Advisory Committee.

"(h) Sunset.—The Advisory Committee shall terminate on October 1, 2028.

"(i) Termination of Air Traffic Procedures Advisory Committee.—The Air Traffic Procedures Advisory Committee established by the FAA shall terminate on the date of the initial appointment of the members of the Advisory Committee.

"[SECS. 211, 221. Repealed. Pub. L. 116–260, div. V, title I, §129(a), Dec. 27, 2020, 134 Stat. 2349.]

"SEC. 223. CENTRALIZED SAFETY GUIDANCE DATABASE.

"(a) Establishment.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a centralized safety guidance database that will—

"(1) encompass all of the regulatory guidance documents of the FAA Office of Aviation Safety;

"(2) contain, for each such guidance document, a link to the Code of Federal Regulations provision to which the document relates; and

"(3) be publicly available in a manner that—

"(A) protects from disclosure identifying information regarding an individual or entity; and

"(B) prevents inappropriate disclosure proprietary information.

"(b) Data Entry Timing.—

"(1) Existing documents.—Not later than 14 months after the date of enactment of this Act, the Administrator shall begin entering into the database established under subsection (a) all of the regulatory guidance documents of the Office of Aviation Safety that are in effect and were issued before the date on which the Administrator begins such entry process.

"(2) New documents and changes.—On and after the date on which the Administrator begins the document entry process under paragraph (1), the Administrator shall ensure that all new regulatory guidance documents of the Office of Aviation Safety and any changes to existing documents are included in the database established under subsection (a) as such documents or changes to existing documents are issued.

"(c) Consultation Requirement.—In establishing the database under subsection (a), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers and FAA aviation safety inspectors) and aviation industry stakeholders.

"(d) Regulatory Guidance Documents Defined.—In this section, the term 'regulatory guidance documents' means all forms of written information issued by the FAA that an individual or entity may use to interpret or apply FAA regulations and requirements, including information an individual or entity may use to determine acceptable means of compliance with such regulations and requirements, such as an order, manual, circular, policy statement, legal interpretation memorandum, or rulemaking document.

"SEC. 224. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.

"(a) Establishment.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall establish a Regulatory Consistency Communications Board (in this section referred to as the 'Board').

"(b) Consultation Requirement.—In establishing the Board, the Administrator shall consult and collaborate with appropriate stakeholders, including FAA labor organizations (including labor organizations representing FAA aviation safety inspectors) and industry stakeholders.

"(c) Membership.—The Board shall be composed of FAA representatives, appointed by the Administrator, from—

"(1) the Flight Standards Service;

"(2) the Aircraft Certification Service;

"(3) the Office of the Chief Counsel;

"(4) the Office of Airports;

"(5) the Office of Security and Hazardous Materials Safety;

"(6) the Office of Rulemaking and Regulatory Improvement; and

"(7) such other offices as the Administrator determines appropriate.

"(d) Functions.—The Board shall carry out the following functions:

"(1) Establish, at a minimum, processes by which—

"(A) FAA personnel and persons regulated by the FAA may submit regulatory interpretation questions, including anonymously, without fear of retaliation;

"(B) FAA personnel may submit written questions, and receive written responses, as to whether a previous approval or regulatory interpretation issued by FAA personnel in another office or region is correct or incorrect; and

"(C) any other person may submit written regulatory interpretation questions, including anonymously.

"(2) Meet on a regular basis to discuss and resolve questions submitted pursuant to paragraph (1) and the appropriate application of regulations and policy with respect to each question.

"(3) Provide to a person that submitted a question pursuant to subparagraph (A) or (B) of paragraph (1) a timely written response to the question.

"(4) Establish a process to make resolutions of common regulatory interpretation questions publicly available to FAA personnel, persons regulated by the FAA, and the public without revealing any identifying data of the person that submitted the question and in a manner that protects any proprietary information.

"(5) Ensure the incorporation of resolutions of questions submitted pursuant to paragraph (1) into regulatory guidance documents, as such term is defined in section 223(d).

"(6) Submit recommendations, as needed, to the Assistant Administrator for Rulemaking and Regulatory Improvement for consideration.

"(e) Performance Metrics, Timelines, and Goals.—Not later than 180 days after the date on which the Advisory Committee recommends performance objectives and performance metrics for the FAA and the regulated aviation industry under section 202, the Administrator, in collaboration with the Advisory Committee, shall—

"(1) establish performance metrics, timelines, and goals to measure the progress of the Board in resolving regulatory interpretation questions submitted pursuant to subsection (d)(1); and

"(2) implement a process for tracking the progress of the Board in meeting the performance metrics, timelines, and goals established under paragraph (1).

"SEC. 243. FAA LEADERSHIP ABROAD.

"(a) In General.—To promote United States aerospace safety standards, reduce redundant regulatory activity, and facilitate acceptance of FAA design and production approvals abroad, the Administrator shall—

"(1) attain greater expertise in issues related to dispute resolution, intellectual property, and export control laws to better support FAA certification and other aerospace regulatory activities abroad;

"(2) work with United States companies to more accurately track the amount of time it takes foreign authorities, including bilateral partners, to validate United States certificated aeronautical products;

"(3) provide assistance to United States companies that have experienced significantly long foreign validation wait times;

"(4) work with foreign authorities, including bilateral partners, to collect and analyze data to determine the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA;

"(5) establish appropriate benchmarks and metrics to measure the success of bilateral aviation safety agreements and to reduce the validation time for United States certificated aeronautical products abroad; and

"(6) work with foreign authorities, including bilateral partners, to improve the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA.

"(b) Report.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report that—

"(1) describes the FAA's strategic plan for international engagement;

"(2) describes the structure and responsibilities of all FAA offices that have international responsibilities, including the Aircraft Certification Office, and all the activities conducted by those offices related to certification and production;

"(3) describes current and forecasted staffing and travel needs for the FAA's international engagement activities, including the needs of the Aircraft Certification Office in the current and forecasted budgetary environment;

"(4) provides recommendations, if appropriate, to improve the existing structure and personnel and travel policies supporting the FAA's international engagement activities, including the activities of the Aviation Certification Office, to better support the growth of United States aerospace exports; and

"(5) identifies cost-effective policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely acceptance of United States aerospace products abroad.

"(c) International Travel.—The Administrator, or the Administrator's designee, may authorize international travel for any FAA employee, without the approval of any other person or entity, if the Administrator determines that the travel is necessary—

"(1) to promote United States aerospace safety standards; or

"(2) to support expedited acceptance of FAA design and production approvals."

FAA Technical Training

Pub. L. 115–254, div. B, title III, §302, Oct. 5, 2018, 132 Stat. 3260, provided that:

"(a) E-learning Training Pilot Program.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], in collaboration with the exclusive bargaining representatives of covered FAA personnel, shall establish an e-learning training pilot program in accordance with the requirements of this section.

"(b) Curriculum.—The pilot program shall—

"(1) include a recurrent training curriculum for covered FAA personnel to ensure that the covered FAA personnel receive instruction on the latest aviation technologies, processes, and procedures;

"(2) focus on providing specialized technical training for covered FAA personnel, as determined necessary by the Administrator;

"(3) include training courses on applicable regulations of the Federal Aviation Administration; and

"(4) consider the efficacy of instructor-led online training.

"(c) Pilot Program Termination.—The pilot program shall terminate 1 year after the date of establishment of the pilot program.

"(d) E-learning Training Program.—Upon termination of the pilot program, the Administrator shall assess and establish or update an e-learning training program that incorporates lessons learned for covered FAA personnel as a result of the pilot program.

"(e) Definitions.—In this section, the following definitions apply:

"(1) Covered faa personnel.—The term 'covered FAA personnel' means airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration.

"(2) E-learning training.—The term 'e-learning training' means learning utilizing electronic technologies to access educational curriculum outside of a traditional classroom."

Safety Critical Staffing

Pub. L. 115–254, div. B, title III, §303, Oct. 5, 2018, 132 Stat. 3261, provided that:

"(a) Update of FAA's Safety Critical Staffing Model.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall update the safety critical staffing model of the Administration to determine the number of aviation safety inspectors that will be needed to fulfill the safety oversight mission of the Administration.

"(b) Audit by DOT Inspector General.—

"(1) In general.—Not later than 90 days after the date on which the Administrator has updated the safety critical staffing model under subsection (a), the Inspector General of the Department of Transportation shall conduct an audit of the staffing model.

"(2) Contents.—The audit shall include, at a minimum—

"(A) a review of the assumptions and methodologies used in devising and implementing the staffing model to assess the adequacy of the staffing model in predicting the number of aviation safety inspectors needed—

"(i) to properly fulfill the mission of the Administration; and

"(ii) to meet the future growth of the aviation industry; and

"(B) a determination on whether the staffing model takes into account the Administration's authority to fully utilize designees.

"(3) Report on audit.—

"(A) Report to secretary.—Not later than 30 days after the date of completion of the audit, the Inspector General shall submit to the Secretary a report on the results of the audit.

"(B) Report to congress.—Not later than 60 days after the date of receipt of the report, the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a copy of the report, together with, if appropriate, a description of any actions taken or to be taken to address the results of the audit."

Emergency Medical Equipment on Passenger Aircraft

Pub. L. 118–63, title III, §368, May 16, 2024, 138 Stat. 1136, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers, as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under such part.

"(b) Considerations.—In carrying out subsection (a), the Administrator shall consider—

"(1) the benefits and costs (including the costs of flight diversions and emergency landings) of requiring any new medications or equipment necessary to be included in approved emergency medical kits;

"(2) whether the contents of the emergency medical kits include, at a minimum, appropriate medications and equipment that can practicably be administered to address—

"(A) the emergency medical needs of children and pregnant women;

"(B) opioid overdose reversal;

"(C) anaphylaxis; and

"(D) cardiac arrest;

"(3) what contents of the emergency medical kits should be readily available, to the extent practicable, for use by flight crews without prior approval by a medical professional.

"(c) Regular Review.—Not later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate—

"(1) the first aid and emergency medical kit equipment and training required for flight crewmembers; and

"(2) any required training for flight crewmembers regarding the content, location, and function of such kit."

Pub. L. 115–254, div. B, title III, §307, Oct. 5, 2018, 132 Stat. 3263, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall evaluate and revise, as appropriate, regulations in part 121 of title 14, Code of Federal Regulations, regarding emergency medical equipment, including the contents of first-aid kits, applicable to all certificate holders operating passenger aircraft under that part.

"(b) Consideration.—In carrying out subsection (a), the Administrator shall consider whether the minimum contents of approved emergency medical kits, including approved first-aid kits, include appropriate medications and equipment to meet the emergency medical needs of children and pregnant women."

FAA and NTSB Review of General Aviation Safety

Pub. L. 115–254, div. B, title III, §308, Oct. 5, 2018, 132 Stat. 3263, provided that:

"(a) Study Required.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], in coordination with the Chairman of the National Transportation Safety Board, shall initiate a study of general aviation safety.

"(b) Study Contents.—The study required under subsection (a) shall include—

"(1) a review of all general aviation accidents since 2000, including a review of—

"(A) the number of such accidents;

"(B) the number of injuries and fatalities, including with respect to both occupants of aircraft and individuals on the ground, as a result of such accidents;

"(C) the number of such accidents investigated by the National Transportation Safety Board;

"(D) the number of such accidents investigated by the FAA [Federal Aviation Administration]; and

"(E) a summary of the factual findings and probable cause determinations with respect to such accidents;

"(2) an assessment of the most common probable cause determinations issued for general aviation accidents since 2000;

"(3) an assessment of the most common facts analyzed by the FAA and the National Transportation Safety Board in the course of investigations of general aviation accidents since 2000, including operational details;

"(4) a review of the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000;

"(5) an assessment of the responses of the FAA and the general aviation community to the safety recommendations of the National Transportation Safety Board related to general aviation accidents since 2000;