PART A—AIR COMMERCE AND SAFETY

subpart i—general

CHAPTER 401—GENERAL PROVISIONS

        

Editorial Notes

Amendments

2024—Pub. L. 118–63, title II, §223(c), title III, §393(b), title IV, §441(b), May 16, 2024, 138 Stat. 1061, 1145, 1186, added items 40119, 40131, and 40132.

2018—Pub. L. 115–254, div. K, title I, §1991(c)(4), Oct. 5, 2018, 132 Stat. 3627, substituted "[Reserved]" for "Security and research and development activities" in item 40119.

2012—Pub. L. 112–95, title I, §111(c)(3), title VIII, §802(b), Feb. 14, 2012, 126 Stat. 18, 119, substituted "Passenger facility charges" for "Passenger facility fees" in item 40117 and added item 40130.

2003—Pub. L. 108–176, title IV, §423(b), Dec. 12, 2003, 117 Stat. 2554, added item 40129.

2000—Pub. L. 106–181, title VII, §§702(b)(2), 705(b), 706(b), title VIII, §803(b), Apr. 5, 2000, 114 Stat. 156–158, 192, added items 40125 to 40128.

1997—Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215, amended Pub. L. 104–287, §5(69)(B). See 1996 Amendment note below.

1996—Pub. L. 104–287, §5(69)(B), Oct. 11, 1996, 110 Stat. 3396, as amended by Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215, added item 40124.

Pub. L. 104–264, title II, §254, title IV, §§401(b)(2), 402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted "safety of" before "air commerce" in item 40104 and added item 40121 "Air traffic control modernization reviews" and items 40122 and 40123.

§40101. Policy

(a) Economic Regulation.—In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:

(1) assigning and maintaining safety as the highest priority in air commerce.

(2) before authorizing new air transportation services, evaluating the safety implications of those services.

(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.

(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.

(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.

(6) placing maximum reliance on competitive market forces and on actual and potential competition—

(A) to provide the needed air transportation system; and

(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.

(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—

(A) the commerce of the United States;

(B) the United States Postal Service; and

(C) the national defense.

(8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities—

(A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and

(B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services.

(9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation.

(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation.

(11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate.

(12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition—

(A) to provide efficiency, innovation, and low prices; and

(B) to decide on the variety and quality of, and determine prices for, air transportation services.

(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry.

(14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.

(15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.

(16) ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service.

(b) All-Cargo Air Transportation Considerations.—In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others and in addition to the matters referred to in subsection (a) of this section, as being in the public interest for all-cargo air transportation:

(1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to—

(A) the present and future needs of shippers;

(B) the commerce of the United States; and

(C) the national defense.

(2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided.

(3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing.

(c) General Safety Considerations.—In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator of the Federal Aviation Administration shall consider the following matters:

(1) the requirements of national defense and commercial and general aviation.

(2) the public right of freedom of transit through the navigable airspace.

(d) Safety Considerations in Public Interest.—In carrying out subpart III of this part and those provisions of subpart IV applicable in carrying out subpart III, the Administrator shall consider the following matters, among others, as being in the public interest:

(1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce.

(2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements.

(3) encouraging and developing civil aeronautics, including new aviation technology.

(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations.

(5) consolidating research and development for air navigation facilities and the installation and operation of those facilities.

(6) developing and operating a common system of air traffic control and navigation for military and civil aircraft.

(7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety.

(e) International Air Transportation.—In formulating United States international air transportation policy, the Secretaries of State and Transportation shall develop a negotiating policy emphasizing the greatest degree of competition compatible with a well-functioning international air transportation system, including the following:

(1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.

(2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand.

(3) the fewest possible restrictions on charter air transportation.

(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand.

(5) eliminating operational and marketing restrictions to the greatest extent possible.

(6) integrating domestic and international air transportation.

(7) increasing the number of nonstop United States gateway cities.

(8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away.

(9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including—

(A) excessive landing and user fees;

(B) unreasonable ground handling requirements;

(C) unreasonable restrictions on operations;

(D) prohibitions against change of gauge; and

(E) similar restrictive practices.

(10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.

(f) Strengthening Competition.—In selecting an air carrier to provide foreign air transportation from among competing applicants, the Secretary of Transportation shall consider, in addition to the matters specified in subsections (a) and (b) of this section, the strengthening of competition among air carriers operating in the United States to prevent unreasonable concentration in the air carrier industry.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1094; Pub. L. 104–264, title IV, §401(a), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 106–181, title II, §201, Apr. 5, 2000, 114 Stat. 91.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40101(a)	49 App.:1302(a).	Aug. 23, 1958, Pub. L. 85–726, §102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95–163, §16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95–504, §3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96–192, §2, 94 Stat. 35.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
40101(b)	49 App.:1302(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(b); added Nov. 9, 1977, Pub. L. 95–163, §16(b)(3), 91 Stat. 1284.
	49 App.:1551(b)(1)(E).
40101(c)	49 App.:1347.	Aug. 23, 1958, Pub. L. 85–726, §306, 72 Stat. 749.
	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.
40101(d)	49 App.:1303.	Aug. 23, 1958, Pub. L. 85–726, §103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100–690, §7202(b), 102 Stat. 4424.
	49 App.:1655(c)(1).
40101(e)	49 App.:1502(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(b); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42.
	49 App.:1551(b)(1)(E).
40101(f)	49 App.:1302(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(c); added Oct. 31, 1992, Pub. L. 102–581, §205, 106 Stat. 4894.

In this part, the words "overseas air commerce" and "overseas air transportation" are omitted as obsolete because there no longer is a distinction in economic or safety regulation between "interstate" and "overseas" air commerce or air transportation.

In this section, the words "In carrying out . . . this part" are substituted for "In the exercise and performance of its powers and duties under this chapter" in 49 App.:1302(a), "In the exercise and performance of his powers and duties under this chapter" in 49 App.:1303, and "In exercising the authority granted in, and discharging the duties imposed by, this chapter" in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.

In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.

In subsection (a)(2), the word "full" is omitted as surplus. The words "the recommendations of the Secretary of Transportation on" are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words "and full evaluation of any report or recommendation submitted under section 1307 of this Appendix" are omitted as obsolete because the report and recommendations are no longer required.

In subsection (a)(4), the words "by air carriers and foreign air carriers" are omitted as surplus. The words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.

In subsection (a)(6)(B), the words "nevertheless", "on the one hand", and "on the other" are omitted as surplus.

In subsection (a)(8), before subclause (A), the word "authorities" is substituted for "entities" for consistency in the revised title and with other titles of the Code. In subclause (A), the words "sole responsibility" are omitted as unnecessary because of the restatement.

In subsection (a)(15), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title.

In subsection (b)(3), the words "unreasonable discrimination" are substituted for "unjust discriminations, undue preferences or advantages" for consistency in the revised title and to eliminate unnecessary words.

In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.

In subsection (c), before clause (1), the word "Administrator" in section 306 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words "consider the following matters" are substituted for "give full consideration to" for consistency in this section.

In subsection (d)(3), the word "both" in 49 App.:1303(c) is omitted as surplus the first time it appears. The words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in section 40102(a) of the revised title. The words "of those operations" are added for clarity.

In subsection (d)(5), the word "both" in 49 App.:1303(e) is omitted as surplus.

In subsection (e), before clause (1), the words "the Congress intends that" are omitted as surplus. In clauses (1) and (4), the words "United States" are omitted as surplus because of the definition of "air carrier" in section 40102(a) of the revised title. In clause (2), the word "prices" is substituted for "fares and rates" because of the definition of "price" in section 40102(a). In clause (8), the words "places in the United States" are substituted for "United States points" for consistency in this chapter. The word "air" is added for clarity and consistency in this subtitle. In clause (9)(C), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).

1996—Subsec. (d)(1). Pub. L. 104–264, §401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).

Subsec. (d)(2). Pub. L. 104–264, §401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out "its development and" after "best promotes". Former par. (2) redesignated (3).

Subsec. (d)(3). Pub. L. 104–264, §401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted "encouraging and developing civil aeronautics, including new aviation technology" for "promoting, encouraging, and developing civil aeronautics". Former par. (3) redesignated (4).

Subsec. (d)(4) to (7). Pub. L. 104–264, §401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 117–328, div. Q, §102(c), Dec. 29, 2022, 136 Stat. 5250, provided that: "On and after the date of enactment of this section [Dec. 29, 2022], any reference in a law, regulation, document, paper, or other record of the United States to the 'National Air Grant Fellowship Program' shall be deemed to be a reference to the 'Samya Rose Stumo National Air Grant Fellowship Program'."

Effective Date of 2012 Amendment

Pub. L. 112–95, §3, Feb. 14, 2012, 126 Stat. 15, provided that: "Except as otherwise expressly provided, this Act [see Tables for classification] and the amendments made by this Act shall take effect on the date of enactment of this Act [Feb. 14, 2012]."

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.

Short Title of 2024 Amendment

Pub. L. 118–63, §1(a), May 16, 2024, 138 Stat. 1025, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Reauthorization Act of 2024'."

Short Title of 2023 Amendment

Pub. L. 118–4, §1, June 3, 2023, 137 Stat. 7, provided that: "This Act [enacting provisions set out as a note under section 44701 of this title] may be cited as the 'NOTAM Improvement Act of 2023'."

Short Title of 2022 Amendment

Pub. L. 117–328, div. Q, §102(a), Dec. 29, 2022, 136 Stat. 5250, provided that: "This section [enacting and amending provisions set out as notes under this section] may be cited as the 'Samya Rose Stumo National Air Grant Fellowship Program Act of 2022'."

Pub. L. 117–254, §1, Dec. 20, 2022, 136 Stat. 2361, provided that: "This Act [amending section 47109 of this title and enacting provisions set out as notes under section 47109 of this title] may be cited as the 'Preventing PFAS Runoff at Airports Act'."

Pub. L. 117–203, §1, Oct. 17, 2022, 136 Stat. 2227, provided that: "This Act [enacting provisions set out as a note below] may be cited as the 'Advanced Air Mobility Coordination and Leadership Act'[.]"

Pub. L. 117–186, §1, Oct. 10, 2022, 136 Stat. 2199, provided that: "This Act [amending section 47110 of this title] may be cited as the 'Expedited Delivery of Airport Infrastructure Act of 2021'."

Short Title of 2020 Amendment

Pub. L. 116–260, div. V, title I, §101(a), Dec. 27, 2020, 134 Stat. 2309, provided that: "This title [see Tables for classification] may be cited as the 'Aircraft Certification, Safety, and Accountability Act'."

Pub. L. 116–190, §1, Oct. 30, 2020, 134 Stat. 974, provided that: "This Act [amending section 47107 of this title] may be cited as the 'Friendly Airports for Mothers Improvement Act'."

Short Title of 2019 Amendment

Pub. L. 116–92, div. A, title XI, §1131(a), Dec. 20, 2019, 133 Stat. 1615, provided that: "This subtitle [subtitle C (§§1131–1135) of title XI of div. A of Pub. L. 116–92, amending section 44506 of this title] may be cited as the 'ATC Hiring Reform Act'."

Pub. L. 116–34, §1, July 29, 2019, 133 Stat. 1040, provided that: "This Act [amending provisions set out as a note under this section] may be cited as the 'Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act'."

Short Title of 2018 Amendment

Pub. L. 115–254, §1(a), Oct. 5, 2018, 132 Stat. 3186, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Reauthorization Act of 2018'."

Pub. L. 115–254, div. B, title III, §391, Oct. 5, 2018, 132 Stat. 3323, provided that: "This subtitle [subtitle C (§§391–396) of title III of div. B of Pub. L. 115–254, enacting section 47124a of this title, amending section 44709 of this title, enacting provisions set out as notes under sections 44701 and 46101 of this title, and amending provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Fairness for Pilots Act'."

Pub. L. 115–254, div. B, title VII, §701, Oct. 5, 2018, 132 Stat. 3409, provided that: "This title [enacting sections 44518 and 47511 of this title and sections 2801 to 2811 of Title 43, Public Lands, amending sections 44508 and 48102 of this title, and enacting provisions set out as notes under this section and sections 106, 44505, and 44802 of this title and section 2801 of Title 43] may be cited as the 'FAA Leadership in Groundbreaking High-Tech Research and Development Act' or the 'FLIGHT R&D Act'."

Pub. L. 115–254, div. C, §1101, Oct. 5, 2018, 132 Stat. 3429, provided that: "This division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1101, 1116, and 1119 of this title] may be cited as the 'National Transportation Safety Board Reauthorization Act'."

Short Title of 2016 Amendment

Pub. L. 114–242, §1, Oct. 7, 2016, 130 Stat. 978, provided that: "This Act [amending section 40122 of this title and enacting provisions set out as notes under section 40122 of this title] may be cited as the 'Federal Aviation Administration Veteran Transition Improvement Act of 2016'."

Pub. L. 114–190, §1(a), July 15, 2016, 130 Stat. 615, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Extension, Safety, and Security Act of 2016'."

Short Title of 2015 Amendment

Pub. L. 114–113, div. O, title IV, §401, Dec. 18, 2015, 129 Stat. 3000, provided that: "This title [enacting section 10609 of Title 42, The Public Health and Welfare, amending section 905 of Title 2, The Congress, enacting provisions set out as a note under section 905 of Title 2, and amending provisions set out as notes under this section] may be cited as the 'James Zadroga 9/11 Victim Compensation Fund Reauthorization Act'."

Short Title of 2014 Amendment

Pub. L. 113–238, §1, Dec. 18, 2014, 128 Stat. 2842, provided that: "This Act [enacting section 44946 of this title] may be cited as the 'Aviation Security Stakeholder Participation Act of 2014'."

Pub. L. 113–221, §1, Dec. 16, 2014, 128 Stat. 2094, provided that: "This Act [enacting section 44928 of this title] may be cited as the 'Honor Flight Act'."

Short Title of 2013 Amendment

Pub. L. 113–27, §1, Aug. 9, 2013, 127 Stat. 503, provided that: "This Act [enacting section 44927 of this title] may be cited as the 'Helping Heroes Fly Act'."

Pub. L. 112–271, §1, Jan. 14, 2013, 126 Stat. 2446, provided that: "This Act [amending section 44945 of this title] may be cited as the 'Clothe a Homeless Hero Act'."

Short Title of 2012 Amendment

Pub. L. 112–218, §1, Dec. 20, 2012, 126 Stat. 1593, provided that: "This Act [amending section 44901 of this title] may be cited as the 'No-Hassle Flying Act of 2012'."

Pub. L. 112–153, §1, Aug. 3, 2012, 126 Stat. 1159, provided that: "This Act [amending sections 44703, 44709, and 44710 of this title and enacting provisions set out as notes under sections 44701 and 44703 of this title] may be cited as the 'Pilot's Bill of Rights'."

Pub. L. 112–95, §1(a), Feb. 14, 2012, 126 Stat. 11, provided that: "This Act [see Tables for classification] may be cited as the 'FAA Modernization and Reform Act of 2012'."

Pub. L. 112–86, §1, Jan. 3, 2012, 125 Stat. 1874, provided that: "This Act [amending section 44903 of this title and enacting provisions set out as a note under section 44903 of this title] may be cited as the 'Risk-Based Security Screening for Members of the Armed Forces Act'."

Short Title of 2010 Amendment

Pub. L. 111–216, §1, Aug. 1, 2010, 124 Stat. 2348, provided that: "This Act [amending sections 106, 1135, 40117, 41712, 44302, 44303, 44703, 47104, 47107, 47115, 47141, 48101, 48102, and 49108 of this title and sections 4081, 4261, 4271, and 9502 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 40117 and 44701 of this title and sections 4081 and 9502 of Title 26, and amending provisions set out as a note under section 47109 of this title] may be cited as the 'Airline Safety and Federal Aviation Administration Extension Act of 2010'."

Short Title of 2007 Amendment

Pub. L. 110–135, §1, Dec. 13, 2007, 121 Stat. 1450, provided that: "This Act [enacting section 44729 of this title] may be cited as the 'Fair Treatment for Experienced Pilots Act'."

Pub. L. 110–113, §1, Nov. 8, 2007, 121 Stat. 1039, provided that: "This Act [enacting and amending provisions set out as notes under this section] may be cited as the 'Procedural Fairness for September 11 Victims Act of 2007'."

Short Title of 2004 Amendment

Pub. L. 108–297, §1, Aug. 9, 2004, 118 Stat. 1095, provided that: "This Act [enacting section 44113 of this title, amending sections 44107 and 44108 of this title, and enacting provisions set out as notes under section 44101 of this title] may be cited as 'Cape Town Treaty Implementation Act of 2004'."

Short Title of 2003 Amendment

Pub. L. 108–176, §1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: "This Act [see Tables for classification] may be cited as the 'Vision 100—Century of Aviation Reauthorization Act'."

Pub. L. 108–176, title III, §301, Dec. 12, 2003, 117 Stat. 2533, provided that: "This title [enacting subchapter III of chapter 471 of this title, amending sections 40104, 40128, 47106, 47503, and 47504 of this title, and enacting provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be cited as 'Aviation Streamlining Approval Process Act of 2003'."

Short Title of 2002 Amendment

Pub. L. 107–296, title XIV, §1401, Nov. 25, 2002, 116 Stat. 2300, provided that: "This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the 'Arming Pilots Against Terrorism Act'."

Short Title of 2001 Amendment

Pub. L. 107–71, §1, Nov. 19, 2001, 115 Stat. 597, provided that: "This Act [see Tables for classification] may be cited as the 'Aviation and Transportation Security Act'."

Short Title of 2000 Amendments

Pub. L. 106–528, §1, Nov. 22, 2000, 114 Stat. 2517, provided that: "This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the 'Airport Security Improvement Act of 2000'."

Pub. L. 106–181, §1(a), Apr. 5, 2000, 114 Stat. 61, provided that: "This Act [see Tables for classification] may be cited as the 'Wendell H. Ford Aviation Investment and Reform Act for the 21st Century'."

Short Title of 1999 Amendment

Pub. L. 106–6, §1, Mar. 31, 1999, 113 Stat. 10, provided that: "This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the 'Interim Federal Aviation Administration Authorization Act'."

Short Title of 1998 Amendment

Pub. L. 105–155, §1, Feb. 11, 1998, 112 Stat. 5, provided that: "This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Authorization Act of 1998'."

Short Title of 1997 Amendment

Pub. L. 105–137, §1, Dec. 2, 1997, 111 Stat. 2640, provided that: "This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the 'Aviation Insurance Reauthorization Act of 1997'."

Short Title of 1996 Amendment

Pub. L. 104–264, §1(a), Oct. 9, 1996, 110 Stat. 3213, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Aviation Reauthorization Act of 1996'."

Pub. L. 104–264, title II, §201, Oct. 9, 1996, 110 Stat. 3227, provided that: "This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the 'Air Traffic Management System Performance Improvement Act of 1996'."

Pub. L. 104–264, title II, §278(a), Oct. 9, 1996, 110 Stat. 3249, provided that: "This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the 'Rural Air Service Survival Act'."

Pub. L. 104–264, title V, §501, Oct. 9, 1996, 110 Stat. 3259, provided that: "This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the 'Pilot Records Improvement Act of 1996'."

Pub. L. 104–264, title VI, §601, Oct. 9, 1996, 110 Stat. 3263, provided that: "This title [enacting section 44724 of this title] may be cited as the 'Child Pilot Safety Act'."

Pub. L. 104–264, title VII, §701, Oct. 9, 1996, 110 Stat. 3264, provided that: "This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the 'Aviation Disaster Family Assistance Act of 1996'."

Pub. L. 104–264, title VIII, §801, Oct. 9, 1996, 110 Stat. 3269, provided that: "This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the 'Airport Revenue Protection Act of 1996'."

Pub. L. 104–264, title XI, §1101, Oct. 9, 1996, 110 Stat. 3278, provided that: "This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the 'FAA Research, Engineering, and Development Management Reform Act of 1996'."

Short Title of 1994 Amendment

Pub. L. 103–305, §1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: "This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the 'Federal Aviation Administration Authorization Act of 1994'."

Pub. L. 103–305, title III, §301, Aug. 23, 1994, 108 Stat. 1589, provided that: "This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the 'Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994'."

Future of NextGen

Pub. L. 118–63, title II, §206(a)–(f), May 16, 2024, 138 Stat. 1044, 1045, provided that:

"(a) Key Programs.—Not later than December 31, 2025, the Administrator [of the Federal Aviation Administration] shall operationalize all of the key programs under the NextGen [Next Generation Air Transportation System] program as described in the deployment plan of the FAA [Federal Aviation Administration].

"(b) Office Termination.—The NextGen Office of the FAA shall terminate on December 31, 2025.

"(c) Transfer of Residual NextGen Implementation Functions.—If the Administrator does not complete the air traffic modernization project known as the NextGen program by the deadline specified in subsection (a), the Administrator shall transfer the residual functions for completing the NextGen program to the Airspace Modernization Office of the FAA established under section 207 [of Pub. L. 118–63; 49 U.S.C. 106 note].

"(d) Transfer of NextGen Advisory Committee.—Not later than December 31, 2025, management of the NextGen Advisory Committee shall transfer to the Chief Operating Officer of the air traffic control system.

"(e) Transfer of Advanced Air Mobility Functions.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], any advanced air mobility relevant functions, duties, and responsibilities of the NAS Systems Engineering and Integration Office or other offices within the Office of NextGen of the FAA shall be incorporated into the Office of Aviation Safety of the FAA.

"(f) Remaining Activities.—In carrying out subsection (a), and after implementing subsections (c) through (e), the Administrator shall transfer any remaining duties, authorities, activities, personnel, and assets managed by the Office of NextGen of the FAA to other offices of the FAA, as appropriate."

Safety and Efficiency Through Digitization of FAA Systems

Pub. L. 118–63, title II, §220, May 16, 2024, 138 Stat. 1057, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall—

"(1) identify, at the discretion of the Administrator, not less than 3 processes of the FAA [Federal Aviation Administration] that result in a certification and require paper-based information exchange between external entities and the FAA or offices within the FAA (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and

"(2) initiate the digitization of such processes.

"(b) Requirements.—In carrying out the digitization required under subsection (a), the Administrator shall ensure that the digitization of any process allows for—

"(1) an applicant to track the application of such applicant throughout the period of submission and review of such application; and

"(2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.

"(c) Briefing to Congress.—Not later than 2 years after the date on which the Administrator initiates the digitization under subsection (a)(2), 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 digitization.

"(d) Definition of Digitization.—In this section, the term 'digitization' means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet."

Review and Updates of Categorical Exclusions

Pub. L. 118–63, title II, §230, May 16, 2024, 138 Stat. 1064, provided that:

"(a) Review.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall identify each categorical exclusion under the jurisdiction of the Department of Transportation, including any operating administration within the Department.

"(b) New Categorical Exclusions for Airport Projects.—Not later than 2 years after the date of enactment of this Act, the Administrator [of the Federal Aviation Administration] shall—

"(1) review the categorical exclusions applied by other operating administrations identified in subsection (a); and

"(2) take such action as may be necessary to adopt, as relevant and appropriate, new categorical exclusions that meet the requirements of section 1508.4 of title 40, Code of Federal Regulations, from among categorical exclusions reviewed by the Secretary in paragraph (1) for use by the FAA."

Review of FAA Use of Aviation Safety Data

Pub. L. 118–63, title III, §315, May 16, 2024, 138 Stat. 1077, 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 seek to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA [Federal Aviation Administration].

"(b) Consultation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—

"(1) seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;

"(2) consult with the National Transportation Safety Board and the Transportation Research Board; and

"(3) consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.

"(c) Substance of Evaluation.—In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—

"(1) compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA;

"(2) review data sets to determine completeness and accuracy of relevant information;

"(3) identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;

"(4) assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;

"(5) review data and information for proper storage, identification controls, and data privacy—

"(A) as required by law; and

"(B) consistent with best practices for data collection, storage, and use;

"(6) review the format of such data and identify methods to improve the usefulness of such data;

"(7) assess internal and external access to data for—

"(A) appropriateness based on data type and level of detail;

"(B) proper data access protocols and precautions; and

"(C) maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA;

"(8) examine the collation and dissemination of data within offices and between offices of the FAA;

"(9) review and recommend improvements to the data analysis techniques of the FAA; and

"(10) recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.

"(d) Access to Information.—The Administrator shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the FAA, except if specific access is otherwise prohibited by law.

"(e) Nondisclosure.—Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section.

"(f) Report.—The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the FAA's collection, collation, analysis, and use of aviation data, including recommendations to—

"(1) improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;

"(2) improve data storage best practices;

"(3) develop or refine methods for collating data from multiple FAA and industry sources; and

"(4) procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources.

"(g) Implementation of Recommendations.—Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and, if appropriate, begin the implementation of the recommendations received in such report.

"(h) Review of Implementation.—The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f).

"(i) Report to Congress.—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] the report described in subsection (f) and the implementation plan described in subsection (g).

"(j) Existing Reporting Systems.—Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act ([title I of div. V of] Public Law 116–260) [set out below], the Executive Director of the Transportation Research Board, in consultation with the Secretary and the Administrator, may further harmonize data and sources following the implementation of recommendations under subsection (g).

"(k) Rule of Construction.—Nothing in this section shall be construed to permit the public disclosure of information submitted under a voluntary safety reporting program or that is otherwise protected under section 44735 of title 49, United States Code."

Restricted Category Aircraft Maintenance and Operations

Pub. L. 118–63, title III, §328, May 16, 2024, 138 Stat. 1086, provided that: "Notwithstanding any other provision of law, the Administrator [of the Federal Aviation Administration] shall have sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations."

NextGen Programs

Pub. L. 118–63, title VI, §619, May 16, 2024, 138 Stat. 1231, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], and periodically thereafter as the Administrator [of the Federal Aviation Administration] determines appropriate, the Administrator shall convene FAA [Federal Aviation Administration] officials to evaluate and expedite the implementation of NextGen [Next Generation Air Transportation System] programs and capabilities.

"(b) Nextgen Program Prioritization.—In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary shall give priority to the following activities:

"(1) Performance-based navigation.

"(2) Data communications.

"(3) Terminal flight data manager.

"(4) Aeronautical information management.

"(5) Other activities as recommended by the NextGen Advisory Committee and determined by the Administrator to be appropriate.

"(c) Performance-based Navigation.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully implement performance-based navigation procedures for all terminal and enroute routes, including approach and departure procedures for covered airports.

"(2) Specific procedures.—Pursuant to paragraph (1), the Administrator shall prioritize the following performance-based navigation procedures:

"(A) Trajectory-based operations.

"(B) Optimized profile descents.

"(C) Multiple airport route separation.

"(D) Established on required navigation performance.

"(E) Converging runway display aids.

"(3) Performance-based navigation baseline equipage requirements.—In carrying out paragraph (1), the Administrator shall issue such regulations as may be required, and publish applicable advisory circulars, to establish the equipage baseline appropriate for aircraft to safely use performance-based navigation procedures.

"(4) Utilization action plan.—Not later than 180 days after enactment of this Act, the Administrator shall, in consultation with certified labor representatives of air traffic controllers and the NextGen Advisory Committee, develop an action plan to utilize performance-based navigation procedures as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.

"(d) Data Communications.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator shall fully implement the use of data communications.

"(2) Specific capabilities.—In carrying out subsection (a) and this subsection, the Administrator shall prioritize the following data communications capabilities:

"(A) Ground-to-ground message exchange for surface aircraft operations and runway safety at airports.

"(B) Automated message generation and receipt.

"(C) Message routing and transmission.

"(D) Direct communications with aircraft avionics.

"(E) Implementation of data communications at all Air Route Traffic Control Centers.

"(F) The Future Air Navigation System.

"(e) Terminal Flight Data Manager and Other Systems.—

"(1) Terminal flight data manager.—Not later than 4 years after the date of enactment of this Act, the Administrator shall install the Terminal Flight Data Manager system at not less than 89 airports in the United States based on the highest number of annual aircraft operations or a determination of operational need and the impact of installation and deployment on the national airspace system.

"(2) Electronic flight strips.—At a minimum, the Administrator shall implement electronic flight strips at the air traffic control towers of airports described in paragraph (1).

"(3) Flow management data and services.—Not later than 4 years after the date of enactment of this Act, if the Administrator finds that Terminal Flight Data Manager systems would be beneficial to safety or efficiency, the Administrator shall install Flow Management Data and Services at airports described under paragraph (1).

"(4) Appropriations.—The activities under paragraphs (1), (2), and (3) of this subsection shall be contingent on the appropriation of funds to carry out this subsection.

"(f) Aeronautical Information Management Systems.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act, the Administrator shall fully modernize the aeronautical information management systems of the FAA to improve the functionality, useability, durability, and reliability of such systems used in the national airspace system.

"(2) Requirements.—In carrying out paragraph (1), the Administrator shall—

"(A) improve the distribution of critical safety information to pilots, air traffic control, and other relevant aviation stakeholders;

"(B) fully develop and implement the Enterprise Information Display System; and

"(C) notwithstanding a centralized aeronautical information management system, restructure the back-up systems of aeronautical information management systems to be independent and self-sufficient from one another.

"(g) Nextgen Equipage Plan.—

"(1) In general.—Not later than 14 months after the date of enactment of this Act, the Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics within the fleets of air carriers (as such term is defined in section 40102(a) of title 49, United States Code.

"(2) Contents.—In developing the plan required under paragraph (1), the Administrator shall, at a minimum—

"(A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage of commercial and regional aircraft with certain NextGen avionics;

"(B) identify any remaining barriers for operators of commercial and regional aircraft to properly equip such aircraft with certain NextGen avionics, including any methods to address such barriers;

"(C) provide for the use of the best methods to highlight and enhance to operators of commercial and regional aircraft the benefits of equipping such aircraft with certain NextGen avionics; and

"(D) include in such plan any equipage guidelines and regulations the Administrator determines necessary and appropriate.

"(3) Consultation.—In developing the plan under paragraph (1), the Administrator shall consult with representatives from—

"(A) trade associations representing air carriers;

"(B) trade associations representing avionics manufacturers;

"(C) certified labor organizations representing air traffic controllers; and

"(D) any other representatives the Administrator determines appropriate.

"(4) Submission of plan.—Not later than 15 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] the plan required under this subsection.

"(5) Implementation.—Not later than 18 months after the date of enactment of this Act, the Administrator shall initiate such actions necessary to implement the plan developed under paragraph (1), including initiating any required rulemaking.

"(6) Definition.—In this subsection, the term 'certain NextGen avionics' means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled 'Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report', issued on November 17, 2020.

"(h) Effect of Failure to Meet Deadline.—

"(1) Notification of congress.—For each deadline established under subsections (a) through (g), if the Administrator determines that the Administrator has not met or will not meet each such deadline, the Administrator shall, not later than 30 days after such determination, notify the appropriate committees of Congress about the failure to meet each deadline.

"(2) Contents of notification.—Each notification under paragraph (1) shall be accompanied by the following:

"(A) An explanation as to why the Administrator will not or did not meet the deadline described in such paragraph.

"(B) A description of the actions the Administrator plans to take to meet the deadline described in such paragraph.

"(C) Actions Congress can take to assist the Administrator in meeting the deadline described in such paragraph.

"(3) Briefing.—If the Administrator is required to provide notice under paragraph (1), the Administrator shall provide the appropriate committees of Congress quarterly briefings as to the progress made by the Administrator regarding implementation under the respective subsection for which the deadline will not be or was not met until such time as the Administrator has completed the required work under such subsection.

"(i) NextGen Advisory Committee Consultation.—

(1) In general.—The Administrator shall consult and task the NextGen Advisory Committee with providing recommendations on ways to expedite, prioritize, and fully implement the NextGen program to realize the operational benefits of such programs.

(2) Considerations.—In providing recommendations under paragraph (1), the NextGen Advisory Committee shall consider—

"(A) air traffic throughput of the national airspace system;

"(B) daily operational performance, including delays and cancellations; and

"(C) the potential need for performance-based operational metrics related to the NextGen program and subsequent air traffic modernization programs and efforts."

Community Collaboration Program

Pub. L. 118–63, title VII, §793, May 16, 2024, 138 Stat. 1317, provided that:

"(a) Establishment.—The Administrator [of the Federal Aviation Administration] shall continue existing community engagement activities under the designation of a Community Collaboration Program (in this section referred to as the 'Program').

"(b) Responsibilities.—

"(1) In general.—In carrying out the Program, the Administrator shall facilitate and harmonize, as appropriate, policies and procedures carried out by various offices of the FAA [Federal Aviation Administration] pertaining to community engagement relating to—

"(A) airport planning and development;

"(B) noise and environmental policy;

"(C) NextGen [Next Generation Air Transportation System] implementation;

"(D) air traffic route changes;

"(E) integration of new and emerging entrants; and

"(F) other topics with respect to which community engagement is critical to program success.

"(2) Specified responsibilities.—In carrying out the Program, the Administrator shall be responsible for—

"(A) updating the internal guidance of the FAA for community engagement based on—

"(i) best practices of other Federal agencies and external organizations with expertise in community engagement;

"(ii) interviews with impacted residents; and

"(iii) recommendations solicited from individuals and local government officials in communities adversely impacted by aircraft noise;

"(B) coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way;

"(C) coordination with Regional Ombudsmen of the FAA;

"(D) oversight, streamlining, and increasing the responsiveness of the noise complaint process of the FAA by—

"(i) centralizing noise complaint data and improving data collection methodologies;

"(ii) ensuring such Regional Ombudsmen are consulted in local air traffic procedure development decisions; and

"(iii) collecting feedback from such Regional Ombudsmen to inform national policymaking efforts;

"(E) timely implementation of the recommendations, as appropriate, made by the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report titled 'Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities', issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—

"(i) any recommendations to—

     "(I) identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the FAA of noise impacts related to proposed flight path changes;

     "(II) update guidance to incorporate additional tools to more clearly convey expected impacts, such as other noise metrics and visualization tools; and

     "(III) improve guidance to airports and communities on effectively engaging with the FAA; and

"(ii) any other recommendations included in the report that would assist the FAA in improving outreach to communities affected by aircraft noise;

"(F) ensuring engagement with local community groups as appropriate in conducting the other responsibilities described in this section; and

"(G) other responsibilities as considered appropriate by the Administrator.

"(c) Briefing.—Not later than 2 years after the Administrator implements the recommendations described in subsection (b)(2)(E), 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] describing—

"(1) the implementation of each such recommendation;

"(2) how any recommended actions are assisting the Administrator in improving outreach to communities affected by aircraft noise and other community engagement concerns; and

"(3) any challenges or barriers that limit or prevent the ability of the Administrator to take such actions.

"(d) Rule of Construction.—Nothing in this section shall be construed to require the Administrator to alter the organizational structure of the FAA nor change the reporting structure of any employee."

Vehicle-to-Vehicle Link Program

Pub. L. 118–63, title VIII, §808(b), May 16, 2024, 138 Stat. 1324, provided that: "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 Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance vehicle-to-vehicle link initiatives that—

"(1) enable the real-time digital exchange of key information between nearby aircraft; and

"(2) are not reliant on ground infrastructure or air-to-ground communication links."

Drone Education and Workforce Training Grant Program

Pub. L. 118–63, title IX, §913, May 16, 2024, 138 Stat. 1350, provided that:

"(a) Authority.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for small unmanned aircraft systems.

"(b) Use of Grant Amounts.—Amounts from a grant under this section shall be used in furtherance of activities authorized under section[s] 631 and 632 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note[s]).

"(c) Eligibility.—To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.

"(d) Authorization of Appropriations.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the Secretary shall make available to carry out this section $5,000,000 for each of fiscal years 2025 through 2028.

"(e) Educational Institution Defined.—In this section, the term 'educational institution' means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note[s])."

[For definitions of terms used in section 913 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.]

Advanced Air Mobility

Pub. L. 118–63, title IX, subtitle B, May 16, 2024, 138 Stat. 1375, provided that:

"SEC. 951. DEFINITIONS.

"In this subtitle:

"(1) Advanced air mobility.—The terms 'advanced air mobility' and 'AAM' mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.

"(2) Powered-lift aircraft.—The term 'powered-lift aircraft' has the meaning given the term 'powered-lift' in section 1.1 of title 14, Code of Federal Regulations.

"(3) Regional air mobility.—The term 'regional air mobility' means the movement of passengers or property by air between 2 points using an airworthy aircraft that—

"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies;

"(B) has a maximum takeoff weight of greater than 1,320 pounds; and

"(C) is not urban air mobility.

"(4) Urban air mobility.—The term 'urban air mobility' means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—

"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and

"(B) has a maximum takeoff weight of greater than 1,320 pounds.

"(5) Vertiport.—The term 'vertiport' means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator [of the Federal Aviation Administration] can accommodate.

"SEC. 952. SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.

"It is the sense of Congress that—

"(1) the United States should take actions to become a global leader in advanced air mobility;

"(2) as such a global leader, the FAA [Federal Aviation Administration] should—

"(A) prioritize work on the type certification of powered-lift aircraft;

"(B) publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled 'Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes', issued on June 14, 2023 (2120-AL72);

"(C) work with global partners to promote acceptance of advanced air mobility products; and

"(D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and

"(3) the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system.

"SEC. 953. APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.

"In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—

"(1) apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and

"(2) after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.

"SEC. 954. ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS.

[Amended section 2 of Pub. L. 117–203, set out below.]

"SEC. 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.

"(a) SFAR Rulemaking.—

"(1) In general.—Not later than 7 months after the date of enactment of this Act [May 16, 2024], the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled 'Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes', issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo.

"(2) Requirements.—With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall—

"(A) provide a practical pathway for pilot qualification and operations;

"(B) establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft;

"(C) provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and

"(D) to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.

"(3) Considerations.—In developing the regulations required under paragraph (1), the Administrator shall—

"(A) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;

"(B) consult with the Secretary of Defense with regard to—

"(i) the Agility Prime program of the United States Air Force;

"(ii) powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and

"(iii) the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and

"(C) consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled 'Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors', published in 2019.

"(b) Interim Application of Rules and Privileges in Lieu of Rulemaking.—

"(1) In general.—Beginning 16 months after the date of enactment of this Act [May 16, 2024], if a final rule has not been published pursuant to subsection (a)—

"(A) the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—

"(i) deemed to apply to—

     "(I) the operation of a powered-lift aircraft in the national airspace system; and

     "(II) the operator of such a powered-lift aircraft; and

"(ii) applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and

"(B) upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft.

"(2) Termination of interim rules and privileges.—This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a).

"(c) Powered-lift Aircraft Aviation Rulemaking Committee.—

"(1) In general.—Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the 'Committee') to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the—

"(A) performance-based certification of powered-lift aircraft;

"(B) certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and

"(C) operation of powered-lift aircraft in commercial service and air transportation.

"(2) Considerations.—In providing findings and recommendations under paragraph (1), the Committee shall consider the following:

"(A) Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations.

"(B) Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft.

"(C) To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.

"(D) The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled 'Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors', published in 2019, as appropriate.

"(E) Practical pathways for pilot qualification and operations.

"(F) Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft.

"(G) A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft.

"(3) Report.—The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.

"(d) Powered-lift Aircraft Rulemaking.—

"(1) In general.—Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.

"(2) Requirements.—In developing the rulemaking under paragraph (1), the Administrator shall—

"(A) consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft;

"(B) consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations;

"(C) consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled 'Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes', issued on June 14, 2023 (2120–AL72);

"(D) consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;

"(E) work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and

"(F) consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.

"SEC. 956. ADVANCED PROPULSION SYSTEMS REGULATIONS.

"(a) In General.—Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the 'Committee') to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of—

"(1) electric engines and propellers;

"(2) hybrid electric engines and propulsion systems;

"(3) hydrogen fuel cells;

"(4) hydrogen combustion engines or propulsion systems; and

"(5) other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator.

"(b) Considerations.—In carrying out subsection (a), the Committee shall consider, at a minimum, the following:

"(1) Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations.

"(2) Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft.

"(3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.

"(c) Report.—Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and 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 containing such findings and recommendations.

"(d) Briefing.—Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report.

"SEC. 957. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.

"(a) In General.—The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance.

"(b) Air Traffic Policies for Entry Into Service.—Not later than 40 months after the date of enactment of this Act [May 16, 2024], the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—

"(1) the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and

"(2) the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate.

"(c) Long-term Air Traffic Policies.—Beginning 40 months after the date of enactment of this Act, the Administrator shall—

"(1) continue to update air traffic orders and policies to support the operation of powered-lift aircraft;

"(2) to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports;

"(3) evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and

"(4) consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers.

"SEC. 958. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.

"(a) Update to Design Standards.—The Administrator shall—

"(1) not later than December 31, 2024, publish an update to the memorandum of the FAA titled 'Engineering Brief No. 105, Vertiport Design', issued on September 21, 2022 (EB No. 105);

"(2) not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and

"(3) begin the work necessary to update the advisory circular of the FAA titled 'Heliport Design' (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms.

"(b) Engineering Brief Sunset.—Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1).

"(c) Dual Use Facilities.—The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft.

"(d) Guidance, Forms, and Planning.—The Administrator shall—

"(1) not later than 18 months after the date of enactment of this Act, ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely;

"(2) determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and

"(3) ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type.

"SEC. 959. CHARTING OF AVIATION INFRASTRUCTURE.

"The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.

"SEC. 960. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION.

[Amended section 101 of div. Q of Pub. L. 117–328, set out below.]

"SEC. 961. CENTER FOR ADVANCED AVIATION TECHNOLOGIES.

"(a) Plan.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies.

"(b) Consultation.—In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below], as amended by this Act, and the interagency working group established in section 1042 of this Act [set out in a note below].

"(c) Considerations.—In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies—

"(1) developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift;

"(2) establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies;

"(3) developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships;

"(4) identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and

"(5) any other duties, as determined appropriate by the Administrator.

"(d) Submission to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a).

"(e) Center.—Not later than September 30, 2026, the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of—

"(1) a large commercial airport or large air logistics center;

"(2) aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift;

"(3) existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters;

"(4) airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases;

"(5) proximity to both rural and urban communities;

"(6) State, local, or Tribal governments;

"(7) programs to support public-private partnerships for advanced aviation technologies; and

"(8) academic institutions that offer programs relating to advanced aviation technologies engineering.

"(f) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section.

"(g) Interaction With Other Entities.—The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49, United States Code.

"(h) Savings Clauses.—Nothing in this section shall be construed to interfere with any of the following activities:

"(1) The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable.

"(2) The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable.

"(3) The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable.

"(4) The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable."

Unmanned Aircraft Systems and Advanced Air Mobility

Pub. L. 118–63, title X, subtitle B, May 16, 2024, 138 Stat. 1406, provided that:

"SEC. 1041. DEFINITIONS.

"In this subtitle:

"(1) Advanced air mobility.—The term 'advanced air mobility' means a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.

"(2) Interagency working group.—The term 'interagency working group' means the advanced air mobility and unmanned aircraft systems interagency working group of the National Science and Technology Council established under section 1042.

"(3) Labor organization.—The term 'labor organization' has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—

"(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and

"(B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—

"(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;

"(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or

"(iii) individuals employed as agricultural laborers.

"(4) National laboratory.—The term 'National Laboratory' has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

"(5) Technical standard.—The term 'technical standard' has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 [Pub. L. 104–113] (15 U.S.C. 272 note).

"(6) Unmanned aircraft system.—The term 'unmanned aircraft system' has the meaning given such term in section 44801 of title 49, United States Code.

"SEC. 1042. INTERAGENCY WORKING GROUP.

"(a) Designation.—

"(1) In general.—The National Science and Technology Council shall establish or designate an interagency working group on advanced air mobility and unmanned aircraft systems to coordinate Federal research, development, deployment, testing, and education activities to enable advanced air mobility and unmanned aircraft systems.

"(2) Membership.—The interagency working group shall be comprised of senior representatives from NASA [National Aeronautics and Space Administration], the Department of Transportation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Institute of Standards and Technology, Department of Homeland Security, and such other Federal agencies as appropriate.

"(b) Duties.—The interagency working group shall—

"(1) develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan;

"(2) oversee the development of—

"(A) an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and scale of United States investments in relevant research and development; and

"(B) strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems;

"(3) facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders;

"(4) facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49, United States Code), academic institutions, and others;

"(5) coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) [set out below] and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and

"(6) coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks.

"(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and every 2 years thereafter until December 31, 2028, the interagency working group shall transmit 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 includes a summary of federally funded advanced air mobility and unmanned aircraft systems research, development, deployment, and testing activities, including the budget for each of the activities described in this paragraph.

"(d) Rule of Construction.—The interagency working group shall not be construed to conflict with or duplicate the work of the interagency working group established under the advanced air mobility working group established by the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203).

"SEC. 1043. STRATEGIC RESEARCH PLAN.

"(a) In General.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall develop and periodically update, as appropriate, a strategic plan for Federal research, development, deployment, and testing of advanced air mobility systems and unmanned aircraft systems.

"(b) Considerations.—In developing the plan required under subsection (a), the interagency working group shall consider and use—

"(1) information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed;

"(2) information set forth in the national aviation research plan developed under section 44501(c) of title 49, United States Code; and

"(3) recommendations made by the National Academies in the review of the plan under subsection (d).

"(c) Contents of the Plan.—In developing the plan required under subsection (a), the interagency working group shall—

"(1) determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment;

"(2) establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will—

"(A) support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem;

"(B) take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities;

"(C) apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems;

"(D) inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems;

"(E) support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems;

"(F) support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA [Federal Aviation Administration], unmanned aircraft systems test ranges (as defined in section 44801 of title 49, United States Code), academic institutions, labor organizations, and others to advance research activities;

"(G) leverage existing Federal investments; and

"(H) promote hardware interoperability and open-source systems;

"(3) support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues;

"(4) reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness;

"(5) in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and

"(6) identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan.

"(d) National Academies of Sciences, Engineering, and Medicine Evaluation.—The Administrator [of the Federal Aviation Administration] shall seek to enter into an agreement with the National Academies to review the plan every 5 years.

"(e) Public Participation.—In developing the plan under subsection (a), the interagency working group shall consult with representatives of stakeholder groups, which may include academia, research institutions, and State, industry, and labor organizations. Not later than 90 days before the plan, or any revision thereof, is submitted to Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.

"(f) Reports to Congress on the Strategic Research Plan.—

"(1) Progress report.—Not later than 1 year after the date of enactment of this Act, the interagency working group described in section 1042 of this Act shall transmit to the covered committees of Congress a report that describes the progress in developing the plan required under this section.

"(2) Initial report.—Not later than 2 years after the date of enactment of this Act, the interagency working group shall transmit to the covered committees of Congress the strategic research plan developed under this section.

"(3) Biennial report.—Not later than 1 year after the transmission of the initial report under paragraph (2) and every 2 years thereafter until December 31, 2033, the interagency working group shall transmit to the covered committees of Congress a report that includes an analysis of the progress made towards achieving the goals and priorities for the strategic research plan.

"SEC. 1044. FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.

"(a) In General.—Consistent with the research plan in section 1043, the Administrator, in coordination with the Administrator of NASA and other Federal agencies, shall carry out and support research, development, testing, and demonstration activities and technology transfer, and activities to facilitate the transition of such technologies into application to enable advanced air mobility and unmanned aircraft systems and to facilitate the safe integration of advanced air mobility and unmanned aircraft systems into the national airspace system, in areas including—

"(1) beyond visual-line-of-sight operations;

"(2) command and control link technologies;

"(3) development and integration of unmanned aircraft system traffic management into the national airspace system;

"(4) noise and other societal and environmental impacts;

"(5) informing the development of an industry consensus vehicle-to-vehicle standard;

"(6) safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and

"(7) detect-and-avoid capabilities.

"(b) Duplicative Research and Development Activities.—The Administrator shall ensure that research and development and other activities conducted under this section do not duplicate other Federal activities related to the integration of unmanned aviation systems or advanced air mobility.

"(c) Lessons Learned.—The Administrator shall apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems.

"(d) Research on Approaches to Evaluating Risk.—The Administrator shall conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for unmanned aircraft systems and advanced air mobility systems. Such research shall include—

"(1) defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49, United States Code;

"(2) developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and

"(3) considering the utility of performance standards to make determinations under section 44807 of title 49, United States Code.

"(e) Report.—Not later than 9 months after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the actions taken by the Administrator to implement provisions under this section that includes—

"(1) a summary of the costs and results of research under subsection (a)(6);

"(2) a description of plans for and progress toward the implementation of research and development under subsection (d);

"(3) a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of—

"(A) large unmanned aircraft systems, including those weighing more than 55 pounds; and

"(B) extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and

"(4) a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44802 note).

"(f) Parallel Efforts.—

"(1) In general.—Research and development activities under this section may be conducted concurrently with the deployment of technologies outlined in (a) and in carrying out the [sic] this title and title IX [of Pub. L. 118–63; see Tables for classification].

"(2) Rule of construction.—Nothing in this section shall be construed to delay appropriate actions to deploy the technologies outlined in subsection (a), including the deployment of beyond visual-line-of-sight operations of unmanned aircraft systems, or delay the Administrator in carrying out this title and title IX, or limit FAA use of existing risk methodologies to make determinations pursuant to section 44807 of title 49, United States Code, prior to completion of relevant research and development activities.

"(3) Practices and regulations.—The Administrator shall, to the maximum extent practicable, use the results of research and development activities conducted under this section to inform decisions on whether and how to maintain or update existing regulations and practices, or whether to establish new practices or regulations.

"SEC. 1045. PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.

"(a) Study.—The Administrator shall seek to enter into an arrangement with the National Academy of Public Administration to examine research, development, demonstration, and testing partnerships of the FAA to advance unmanned aircraft systems and advanced air mobility and to facilitate the safe integration of unmanned aircraft systems into the national airspace system.

"(b) Considerations.—The Administrator shall ensure that the entity carrying out the study in subsection (a) shall—

"(1) identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements;

"(2) examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities;

"(3) review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems;

"(4) identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships;

"(5) identify any duplication of ongoing or planned research, development, demonstration, or testing activities;

"(6) identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships;

"(7) identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships;

"(8) identify effective and appropriate means for facilitating technology transfer activities within such partnerships;

"(9) identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and

"(10) review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry.

"(c) Transmittal.—Not later than 12 months after the date of enactment of this Act, the Administrator shall transmit to the covered committees of Congress the study described in subsection (a)."

Acceptance of Digital Driver's License and Identification Cards

Pub. L. 118–63, title XI, §1103, May 16, 2024, 138 Stat. 1415, provided that: "The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver's license or identification card issued to such individual by a State."

Wing-In-Ground-Effect Craft

Pub. L. 118–63, title XI, §1114, May 16, 2024, 138 Stat. 1420, provided that:

"(a) Memorandum of Understanding.—

"(1) In general.—Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] and the Commandant of the Coast Guard shall execute a memorandum of understanding governing the specific roles, authorities, delineations of responsibilities, resources, and commitments of the FAA [Federal Aviation Administration] and the Coast Guard, respectively, pertaining to wing-in-ground-effect craft that are—

"(A) only capable of operating either in water or in ground effect over water; and

"(B) operated exclusively over waters subject to the jurisdiction of the United States.

"(2) Contents.—The memorandum of understanding described in paragraph (1) shall—

"(A) cover, at a minimum, the processes of the FAA and the Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding; and

"(B) provide procedures for, at a minimum—

"(i) the approval of wing-in-ground-effect craft designs;

"(ii) the operation of wing-in-ground-effect craft, including training and certification of persons responsible for operating such craft;

"(iii) pilotage of wing-in-ground-effect craft;

"(iv) the inspection, including pre-delivery and service, of wing-in-ground-effect craft; and

"(v) the maintenance of wing-in-ground-effect craft.

"(b) Status Briefing.—Not later than 1 year after the date of enactment of this Act, the Administrator and the Commandant 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 status of the memorandum of understanding described in subsection (a) as well as provide any recommendations for legislative action to improve efficacy or efficiency of wing-in-ground-effect craft governance.

"(c) Wing-in-ground-effect Craft Defined.—In this section, the term 'wing-in-ground-effect craft' means a craft that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the craft and the surface of the water."

Advanced Air Mobility Infrastructure Pilot Program

Pub. L. 117–328, div. Q, §101, Dec. 29, 2022, 136 Stat. 5246, as amended by Pub. L. 118–63, title IX, §960, May 16, 2024, 138 Stat. 1383, provided that:

"(a) Establishment.—Not later than 180 days after the date of enactment of this section [Dec. 29, 2022], the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States.

"(b) Planning Grants.—

"(1) In general.—The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infrastructure.

"(2) Comprehensive plan.—

"(A) In general.—Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,, [sic] in a format capable of being published on the website of the Department of Transportation.

"(B) Plan contents.—The Secretary shall establish content requirements for comprehensive plans submitted under this subsection, which shall include as many of the following as possible:

"(i) The identification of planned or potential public use and private-owned vertiport locations.

"(ii) A description of infrastructure necessary to support AAM operations.

"(iii) A description of types of planned or potential AAM operations and a forecast for proposed locations for operations, including estimates for initial operations and future growth.

"(iv) The identification of physical and digital infrastructure required to meet any standards and guidance for vertiport design and performance characteristics established by the Federal Aviation Administration (as in effect on the date on which the Secretary issues a grant to an eligible entity), including modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter security, and other necessary hardware or software.

"(v) A description of any hazard associated with planned or potential urban air mobility and regional air mobility operations, such as handling of hazardous materials, batteries, or other fuel cells, charging or fueling of aircraft, aircraft rescue and firefighting response, and emergency planning.

"(vi) A description of potential environmental effects of planned or potential construction or siting of vertiports, including efforts to reduce potential aviation noise.

"(vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and networks, including—

     "(I) connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM operations;

     "(II) opportunities to create new service to rural areas and areas underserved by air transportation; or

     "(III) any potential conflict with existing aviation infrastructure that may arise from the planned or potential location of the vertiport.

"(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents.

"(ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access.

"(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construction or operation of a vertiport or the modification of aviation infrastructure.

"(xi) The identification of existing Federal aeronautical and airspace requirements that must be met for the eligible entity's planned or potential vertiport location.

"(xii) The identification of the actions necessary for an eligible entity to undertake the construction of a vertiport, such as planning studies to assess existing infrastructure, environmental studies, studies of projected economic benefit to the community, lease or acquisition of an easement or land for new infrastructure, and activities related to other capital costs.

"(3) Application.—To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.

"(4) Selection.—

"(A) In general.—In awarding grants under this subsection, the Secretary shall consider the following:

"(i) Geographic diversity.

"(ii) Diversity of the proposed models of infrastructure financing and management.

"(iii) Diversity of proposed or planned AAM operations.

"(iv) The need for comprehensive plans that—

     "(I) ensure the safe and efficient integration of AAM operations into the National Airspace System;

     "(II) improve transportation safety, connectivity, access, and equity in both rural and urban regions in the United States;

     "(III) leverage existing public transportation systems and intermodal and multimodal facilities;

     "(IV) reduce surface congestion and the environmental impacts of transportation;

     "(V) grow the economy and create jobs in the United States; and

     "(VI) encourage community engagement when planning for AAM-related infrastructure.

"(B) Priority.—The Secretary shall prioritize awarding grants under this subsection to eligible entities that collaborate with commercial AAM entities, institutions of higher education, research institutions, the Department of Defense, the National Guard, or other relevant stakeholders to develop and prepare a comprehensive plan.

"(C) Minimum allocation to rural areas.—The Secretary shall ensure that not less than 20 percent of the amounts made available under subsection (c) are used to award grants to eligible entities that submit a comprehensive plan under paragraph (2) that is related to infrastructure located in a rural area.

"(5) Grant amount.—Each grant made under this subsection shall be made in an amount that is not more than $1,000,000.

"(6) Briefing.—

"(A) In general.—Not later than 180 days after the first comprehensive plan is submitted under paragraph (2), and every 180 days thereafter through September 30, 2027, the Secretary shall provide a briefing to the appropriate committees of Congress on the comprehensive plans submitted to the Secretary under such paragraph.

"(B) Contents.—The briefing required under subparagraph (A) shall include—

"(i) an evaluation of all planned or potential vertiport locations included in the comprehensive plans submitted under paragraph (2) and how such planned or potential vertiport locations may fit into the overall United States transportation system and network;

"(ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Secretary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities; and

"(iii) a description of—

     "(I) initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations;

     "(II) how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations;

     "(III) what role each level of government plays in the process; and

     "(IV) whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption.

"(c) Authorization of Appropriations.—

"(1) Authorization.—Out of amounts made available under section 106(k) of title 49, United States Code, there are authorized to carry out this section $12,500,000 for each of fiscal years 2023 through 2026, to remain available until expended.

"(2) Administrative expenses.—Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and administer the pilot program under this section.

"(d) Termination.—

"(1) In general.—No grant may be awarded under this section after September 30, 2026.

"(2) Continued funding.—Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2026—

"(A) for grants awarded prior to September 30, 2026; and

"(B) for administrative expenses.

"(e) Definitions.—In this section:

"(1) Advanced air mobility; aam; regional air mobility; urban air mobility; vertiport.—The terms 'advanced air mobility', 'AAM', 'regional air mobility', 'urban air mobility', and 'vertiport' have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act [Pub. L. 117–203] (49 U.S.C. 40101 note).

"(2) Appropriate committees of congress.—The term 'appropriate committees of Congress' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(3) Commercial aam entities.—The term 'commercial AAM entities' means—

"(A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM;

"(B) intended commercial operators of AAM aircraft and systems; and

"(C) intended commercial operators and developers of vertiports.

"(4) Eligible entity.—The term 'eligible entity' means—

"(A) a State, local, or Tribal government, including a political subdivision thereof;

"(B) an airport sponsor;

"(C) a transit agency;

"(D) a port authority;

"(E) a metropolitan planning organization; or

"(F) any combination or consortium of the entities described in subparagraphs (A) through (E).

"(5) Metropolitan planning organization.—The term 'metropolitan planning organization' has the meaning given such term in section 5303(b) of title 49, United States Code.

"(6) Rural area.—The term 'rural area' means an area located outside a metropolitan statistical area (as designated by the Office of Management and Budget).

"(7) Secretary.—The term 'Secretary' means the Secretary of Transportation.

"(8) State.—The term 'State' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.

"(f) Rule of Construction.—Nothing in this section may be construed as conferring upon any person, State, local, or Tribal government the authority to determine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional aircraft within any given area of the national airspace system."

National Aviation Preparedness Plan

Pub. L. 117–328, div. Q, §105, Dec. 29, 2022, 136 Stat. 5253, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this section [Dec. 29, 2022], the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks.

"(b) Contents of Plan.—The plan developed under subsection (a) shall, at a minimum—

"(1) provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan;

"(2) improve coordination among airports, air carriers, the Transportation Security Administration, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments and health agencies with respect to preparing for and responding to communicable disease outbreaks;

"(3) to the extent practicable, improve coordination among relevant international entities;

"(4) create a process to identify appropriate personal protective equipment, if any, for covered employees to reduce the likelihood of exposure to a covered communicable disease, and thereafter issue recommendations for the equipage of such employees;

"(5) create a process to identify appropriate techniques, strategies, and protective infrastructure, if any, for the cleaning, disinfecting, and sanitization of aircraft and enclosed facilities owned, operated, or used by an air carrier or airport, and thereafter issue recommendations pertaining to such techniques, strategies, and protective infrastructure;

"(6) create a process to evaluate technologies and develop procedures to effectively screen passengers for communicable diseases, including through the use of temperature checks if appropriate, for domestic and international passengers, crew members, and other individuals passing through airport security checkpoints;

"(7) identify and assign Federal agency roles in the deployment of emerging and existing technologies and solutions to reduce covered communicable diseases in the aviation ecosystem;

"(8) clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease;

"(9) incorporate, as appropriate, the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled 'Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System's Preparedness', issued in December 2015 (GAO-16-127);

"(10) consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transportation; and

"(11) consider funding constraints.

"(c) Consultation.—When developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—

"(1) air carriers, which shall include domestic air carriers consisting of major air carriers, low-cost carriers, regional air carriers and cargo carriers;

"(2) airport operators, including with respect to large hub, medium hub, small hub, and nonhub commercial service airports;

"(3) labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers;

"(4) the labor organization certified under section 7111 of title 5, United States Code, as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration;

"(5) the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration;

"(6) trade associations representing air carriers and airports;

"(7) aircraft manufacturing companies;

"(8) general aviation; and

"(9) such other stakeholders as the Secretary considers appropriate.

"(d) Report.—Not later than 30 days after the plan is developed under subsection (a), the Secretary shall submit 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 that includes such plan.

"(e) Review of Plan.—Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Secretary shall review the plan included in such report and, after consultation with aviation industry and labor stakeholders, make changes by rule as the Secretary considers appropriate.

"(f) GAO Study.—Not later than 18 months after the date of enactment of this section [Dec. 29, 2022], the Comptroller General shall conduct and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study assessing the national aviation preparedness plan developed under subsection (a), including—

"(1) whether such plan—

"(A) is responsive to any previous recommendations relating to aviation preparedness with respect to an outbreak of a covered communicable disease or global health emergency made by the Comptroller General; and

"(B) meets the obligations of the United States under international conventions and treaties; and

"(2) the extent to which the United States aviation system is prepared to respond to an outbreak of a covered communicable disease.

"(g) Definitions.—In this section:

"(1) Covered employee.—The term 'covered employee' means—

"(A) an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of—

"(i) an air carrier;

"(ii) an air carrier contractor;

"(iii) an airport; or

"(iv) the Federal Government; or

"(B) an air traffic controller or systems safety specialist of the Federal Aviation Administration.

"(2) Covered communicable disease.—The term 'covered communicable disease' means a communicable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

"(3) Temperature check.—The term 'temperature check' means the screening of an individual for a fever."

Advanced Air Mobility Working Group

Pub. L. 117–203, §2, Oct. 17, 2022, 136 Stat. 2227, as amended by Pub. L. 118–63, title IX, §954, May 16, 2024, 138 Stat. 1376, provided that:

"(a) In General.—Not later than 120 days after the date of enactment of this Act [Oct. 17, 2022], the Secretary of Transportation shall establish an advanced air mobility interagency working group (in this section referred to as the 'working group').

"(b) Purpose.—Advanced Air Mobility represents a key area of sustainable transportation and economic growth for the United States and it is imperative that the Federal Government foster leadership and interagency collaboration in the adoption and deployment of this technology. The purpose of the working group established under this section shall be to plan for and coordinate efforts related to safety, operations, infrastructure, physical security and cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States in order to—

"(1) grow new transportation options;

"(2) amplify economic activity and jobs;

"(3) advance environmental sustainability and new technologies; and

"(4) support emergency preparedness and competitiveness.

"(c) Membership.—Not later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall—

"(1) appoint the Under Secretary of Transportation for Policy to chair the working group;

"(2) designate not less than 1 additional representative to participate on the working group from each of—

"(A) the Department of Transportation; and

"(B) the Federal Aviation Administration; and

"(3) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including—

"(A) the National Aeronautics and Space Administration;

"(B) the Department of Commerce;

"(C) the Department of Defense;

"(D) the Department of Energy;

"(E) the Department of Homeland Security;

"(F) the Department of Agriculture;

"(G) the Department of Labor;

"(H) the Federal Communications Commission; and

"(I) such other departments or agencies as the Secretary of Transportation determines appropriate.

"(d) Coordination.—

"(1) In general.—The working group shall engage with State, local, and Tribal governments, aviation industry and labor stakeholders, stakeholder associations, and others determined appropriate by the Secretary of Transportation and the Administrator of the Federal Aviation Administration, including—

"(A) manufacturers of aircraft, avionics, propulsion systems, structures, and air traffic management systems;

"(B) commercial air carriers, commercial operators, unmanned aircraft system operators, and general aviation operators, including helicopter operators;

"(C) intended operators of AAM aircraft;

"(D) operators of airports, heliports, and vertiports, and fixed-base operators;

"(E) certified labor representatives for pilots associations, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, and aviation safety inspectors;

"(F) State, local, and Tribal officials or public agencies, with representation from both urban and rural areas;

"(G) first responders;

"(H) groups representing environmental interests;

"(I) electric utilities, energy providers and energy market operators;

"(J) academia with experience working with industry on new technology and commercialization;

"(K) groups representing the telecommunications industry; and

"(L) aviation training and maintenance providers.

"(2) Advisory committees.—The Secretary of Transportation and Administrator of the Federal Aviation Administration may use such Federal advisory committees as may be appropriate to coordinate with the entities listed in paragraph (1).

"(e) Review and Examination.—Not later than 18 months after the working group is established under subsection (a), the working group shall complete a review and examination of, at a minimum—

"(1) the steps that will mature AAM aircraft operations, concepts, and regulatory frameworks beyond initial operations;

"(2) the air traffic management and safety concepts that might be considered as part of evolving AAM to higher levels of traffic density;

"(3) current Federal programs and policies that could be leveraged to advance the maturation of the AAM industry or that may impede such maturation;

"(4) infrastructure, including aviation, cybersecurity, telecommunication, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation;

"(5) steps needed to ensure a robust and secure domestic supply chain;

"(6) anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits;

"(7) the interests, roles, and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft operations;

"(8) other factors that may limit the full potential of the AAM industry, including community acceptance or restrictions of such operations; and

"(9) processes and programs that can be leveraged to improve the efficiency of Federal reviews required for infrastructure development, including for electrical capacity projects.

"(f) AAM National Strategy.—Based on the review and examination performed under subsection (e), the working group shall develop an AAM National Strategy that includes—

"(1) recommendations regarding the safety, operations, security, infrastructure, air traffic concepts, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit;

"(2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and

"(3) a comprehensive plan detailing the roles and responsibilities of each Federal department and agency, and of State, local, and Tribal governments, necessary to facilitate or implement the recommendations developed under paragraphs (1) and (2).

"(g) Report.—Not later than 180 days after the completion of the review and examination performed under subsection (e), the Secretary of Transportation shall submit to the appropriate committees of Congress a report—

"(1) detailing findings from the review and examination performed under subsection (e);

"(2) summarizing any dissenting views and opinions of a participant of the working group described in subsection (c)(3); and

"(3) providing the AAM National Strategy, including the plan and associated recommendations developed under subsection (f).

"(h) Evaluation of Termination of Working Group.—

"(1) In general.—Not later than 30 days after the date on which the working group submits the report required under subsection (g), the Secretary of Transportation shall evaluate and decide whether to terminate the working group and shall notify the appropriate committees of Congress of such decision.

"(2) Considerations for termination of working group.—In deciding whether to terminate the working group under this subsection, the Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall consider other interagency coordination activities associated with AAM, or other new or novel users of the national airspace system, that could benefit from continued wider interagency coordination.

"(i) Definitions.—For purposes of this section and section 3 [of Pub. L. 117–203, 136 Stat. 2230, which is not classified to the Code]:

"(1) Advanced air mobility; aam.—The terms 'advanced air mobility' and 'AAM' mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft in both controlled and uncontrolled airspace.

"(2) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation of the Senate; and

"(B) the Committee on Transportation and Infrastructure of the House of Representatives.

"(3) Electric aircraft.—The term 'electric aircraft' means an aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight.

"(4) Fixed-base operator.—The term 'fixed-base operator' means a business granted the right by an airport sponsor or heliport sponsor to operate on an airport or heliport and provide aeronautical services, including fueling and charging, aircraft hangaring, tiedown and parking, aircraft rental, aircraft maintenance, and flight instruction.

"(5) Powered-lift aircraft.—The term 'powered-lift aircraft' has the meaning given the term 'powered-lift' in section 1.1 of title 14, Code of Federal Regulations.

"(6) Regional air mobility.—The term 'regional air mobility' means the movement of passengers or property by air between 2 points using an airworthy aircraft that—

"(A) has advanced technologies, such as distributed propulsion, vertical take-off and landing, powered-lift, non-traditional power systems, or autonomous technologies;

"(B) has a maximum takeoff weight of greater than 1,320 pounds; and

"(C) is not urban air mobility.

"(7) State.—The term 'State' has the meaning given such term in section 47102 of title 49, United States Code.

"(8) Urban air mobility.—The term 'urban air mobility' means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—

"(A) has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and

"(B) has a maximum takeoff weight of greater than 1,320 pounds.

"(9) Vertical take-off and landing.—The term 'vertical take-off and landing' means an aircraft with lift/thrust units used to generate powered lift and control and with two or more lift/thrust units used to provide lift during vertical take-off or landing.

"(10) Vertiport.—The term 'vertiport' means an area of land, water, or a structure, used or intended to be used to support the landing, take-off, taxiing, parking, and storage of powered lift or other aircraft that vertiport design and performance standards established by the Administrator can accommodate."

Samya Rose Stumo National Air Grant Fellowship Program

Pub. L. 116–260, div. V, title I, §131, Dec. 27, 2020, 134 Stat. 2350, as amended by Pub. L. 117–328, div. Q, §102(b)(1), Dec. 29, 2022, 136 Stat. 5250; Pub. L. 118–63, title III, §306(h), May 16, 2024, 138 Stat. 1072, provided that:

"(a) Program.—

"(1) Program maintenance.—The Administrator [of the Federal Aviation Administration] shall maintain within the FAA [Federal Aviation Administration] a program to be known as the 'Samya Rose Stumo National Air Grant Fellowship Program'.

"(2) Program elements.—The Samya Rose Stumo National Air Grant Fellowship Program shall provide support for the fellowship program under subsection (b).

"(3) Responsibilities of administrator.—

"(A) Guidelines.—The Administrator shall establish guidelines related to the activities and responsibilities of air grant fellowships under subsection (b).

"(B) Qualifications.—The Administrator shall by regulation prescribe the qualifications required for designation of air grant fellowships under subsection (b).

"(C) Authority.—In order to carry out the provisions of this section, the Administrator may—

"(i) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with civil service laws;

"(ii) make appointments with respect to temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code;

"(iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code;

"(iv) notwithstanding section 1342 of title 31, United States Code, accept donations and voluntary and uncompensated services;

"(v) accept funds from other Federal departments and agencies, including agencies within the FAA, to pay for and add to activities authorized by this section; and

"(vi) promulgate such rules and regulations as may be necessary and appropriate.

"(4) Director of samya rose stumo national air grant fellowship program.—

"(A) In general.—The Administrator shall appoint, as the Director of the Samya Rose Stumo National Air Grant Fellowship Program, a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to aerospace. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate payable under section 5376 of title 5, United States Code.

"(B) Duties.—Subject to the supervision of the Administrator, the Director shall administer the Samya Rose Stumo National Air Grant Fellowship Program. In addition to any other duty prescribed by law or assigned by the Administrator, the Director shall—

"(i) cooperate with institutions of higher education that offer degrees in fields related to aerospace;

"(ii) encourage the participation of graduate and post-graduate students in the Samya Rose Stumo National Air Grant Fellowship Program; and

"(iii) cooperate and coordinate with other Federal activities in fields related to aerospace.

"(b) Fellowships.—

"(1) In general.—The Administrator shall support a program of fellowships for qualified individuals at the graduate and post-graduate level. The fellowships shall be in fields related to aerospace and awarded pursuant to guidelines established by the Administrator. The Administrator shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this paragraph.

"(2) Aerospace policy fellowship.—

"(A) In general.—The Administrator shall award aerospace policy fellowships to support the placement of individuals at the graduate level of education in fields related to aerospace in positions with—

"(i) the executive branch of the United States Government; and

"(ii) the legislative branch of the United States Government.

"(B) Placement priorities for legislative fellowships.—

"(i) In general.—In considering the placement of individuals receiving a fellowship for a legislative branch position under subparagraph (A)(ii), the Administrator shall give priority to placement of such individuals in the following:

     "(I) Positions in offices of, or with Members on, committees of Congress that have jurisdiction over the FAA.

     "(II) Positions in offices of Members of Congress that have a demonstrated interest in aerospace policy.

"(ii) Equitable distribution.—In placing fellows in positions described under clause (i), the Administrator shall ensure that placements are equally distributed among the political parties.

"(C) Duration.—A fellowship awarded under this paragraph shall be for a period of not more than 1 year.

"(3) Restriction on use of funds.—Amounts available for fellowships under this subsection, including amounts accepted under subsection (a)(3)(C)(v) or appropriated under subsection (d) to carry out this subsection, shall be used only for award of such fellowships and administrative costs of implementing this subsection.

"(c) Interagency Cooperation.—Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to aerospace—

"(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility that the Administrator deems necessary to carry out any provision of this section;

"(2) shall, upon a written request from the Administrator, furnish any available data or other information that the Administrator deems necessary to carry out any provision of this section; and

"(3) shall cooperate with the FAA and duly authorized officials thereof.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2021 through 2028 to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.

"(e) Definitions.—In this section:

"(1) Director.—The term 'Director' means the Director of the Samya Rose Stumo National Air Grant Fellowship Program, appointed pursuant to subsection (a)(4).

"(2) Fields related to aerospace.—The term 'fields related to aerospace' means any discipline or field that is concerned with, or likely to improve, the development, assessment, operation, safety, or repair of aircraft and other airborne objects and systems, including the following:

"(A) Aerospace engineering.

"(B) Aerospace physiology.

"(C) Aeronautical engineering.

"(D) Airworthiness engineering.

"(E) Electrical engineering.

"(F) Human factors.

"(G) Software engineering.

"(H) Systems engineering."

Emerging Safety Trends in Aviation

Pub. L. 116–260, div. V, title I, §132, Dec. 27, 2020, 134 Stat. 2352, provided that:

"(a) General.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall enter into an agreement with the Transportation Research Board for the purposes of developing an annual report identifying, categorizing, and analyzing emerging safety trends in air transportation.

"(b) Factors.—The emerging safety trends report should be based on the following data:

"(1) The National Transportation Safety Board's investigation of accidents under section 1132 of title 49, United States Code.

"(2) The Administrator's investigations of accidents and incidents under section 40113 of title 49, United States Code.

"(3) Information provided by air operators pursuant to safety management systems.

"(4) International investigations of accidents and incidents, including reports, data, and information from foreign authorities and ICAO.

"(5) Other sources deemed appropriate for establishing emerging safety trends in the aviation sector, including the FAA's annual safety culture assessment required under subsection (c).

"(c) Safety Culture Assessment.—The Administrator shall conduct an annual safety culture assessment through fiscal year 2031, which shall include surveying all employees in the FAA's Aviation Safety organization (AVS) to determine the employees' collective opinion regarding, and to assess the health of, AVS' safety culture and implementation of any voluntary safety reporting program.

"(d) Existing Reporting Systems.—The Executive Director of the Transportation Research Board, in consultation with the Secretary of Transportation and Administrator, may take into account and, as necessary, harmonize data and sources from existing reporting systems within the Department of Transportation and FAA.

"(e) Biennial Report to Congress.—One year after the Administrator enters into the agreement with the Transportation Research Board as set forth in subsection (a), and biennially thereafter through fiscal year 2031, the Executive Director, in consultation with the Secretary and Administrator, shall submit to the congressional committees of jurisdiction a report identifying the emerging safety trends in air transportation."

[For definitions of terms used in section 132 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 below.]

FAA Leadership on Civil Supersonic Aircraft

Pub. L. 115–254, div. B, title I, §181, Oct. 5, 2018, 132 Stat. 3230, as amended by Pub. L. 118–63, title XI, §1110, May 16, 2024, 138 Stat. 1418, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall exercise leadership in the creation of Federal and international policies, regulations, standards, and recommended practices relating to the certification and safe and efficient operation of civil supersonic aircraft.

"(b) Exercise of Leadership.—In carrying out subsection (a), the Administrator shall—

"(1) consider the needs of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe commercial deployment of civil supersonic aircraft technology and the safe and efficient operation of civil supersonic aircraft; and

"(2) obtain the input of aerospace industry stakeholders regarding—

"(A) the appropriate regulatory framework and timeline for permitting the safe and efficient operation of civil supersonic aircraft within United States airspace, including updating or modifying existing regulations on such operation;

"(B) issues related to standards and regulations for the type certification and safe operation of civil supersonic aircraft, including noise certification, including—

"(i) the operational differences between subsonic aircraft and supersonic aircraft;

"(ii) costs and benefits associated with landing and takeoff noise requirements for civil supersonic aircraft, including impacts on aircraft emissions;

"(iii) public and economic benefits of the operation of civil supersonic aircraft and associated aerospace industry activity; and

"(iv) challenges relating to ensuring that standards and regulations aimed at relieving and protecting the public health and welfare from aircraft noise and sonic booms are economically reasonable, technologically practicable, and appropriate for civil supersonic aircraft; and

"(C) other issues identified by the Administrator or the aerospace industry that must be addressed to enable the safe commercial deployment and safe and efficient operation of civil supersonic aircraft.

"(c) International Leadership.—The Administrator, in the appropriate international forums, shall take actions that—

"(1) demonstrate global leadership under subsection (a);

"(2) address the needs of the aerospace industry identified under subsection (b); and

"(3) protect the public health and welfare.

"(d) Report to Congress.—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 [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report detailing—

"(1) the Administrator's actions to exercise leadership in the creation of Federal and international policies, regulations, and standards relating to the certification and safe and efficient operation of civil supersonic aircraft;

"(2) planned, proposed, and anticipated actions to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of industry consultation and feedback; and

"(3) a timeline for any actions to be taken to update or modify existing policies and regulations related to civil supersonic aircraft.

"(e) Long-term Regulatory Reform.—

"(1) Noise standards.—Not later than March 31, 2020, the Administrator shall issue a notice of proposed rulemaking to revise part 36 of title 14, Code of Federal Regulations, to include supersonic aircraft in the applicability of such part. The proposed rule shall include necessary definitions, noise standards for landing and takeoff, and noise test requirements that would apply to a civil supersonic aircraft.

"(2) Special flight authorizations.—Not later than December 31, 2019, the Administrator shall issue a notice of proposed rulemaking to revise appendix B of part 91 of title 14, Code of Federal Regulations, to modernize the application process for a person applying to operate a civil aircraft at supersonic speeds for the purposes stated in that rule.

"(f) Near-Term Certification of Supersonic Civil Aircraft.—

"(1) In general.—If a person submits an application requesting type certification of a civil supersonic aircraft pursuant to part 21 of title 14, Code of Federal Regulations, before the Administrator promulgates a final rule amending part 36 of title 14, Code of Federal Regulations, in accordance with subsection (e)(1), the Administrator shall, not later than 18 months after having received such application, issue a notice of proposed rulemaking applicable solely for the type certification, inclusive of the aircraft engines, of the supersonic aircraft design for which such application was made.

"(2) Contents.—A notice of proposed rulemaking described in paragraph (1) shall—

"(A) address safe operation of the aircraft type, including development and flight testing prior to type certification;

"(B) address manufacturing of the aircraft;

"(C) address continuing airworthiness of the aircraft;

"(D) specify landing and takeoff noise standards for that aircraft type that the Administrator considers appropriate, practicable, and consistent with section 44715 of title 49, United States Code; and

"(E) consider differences between subsonic and supersonic aircraft including differences in thrust requirements at equivalent gross weight, engine requirements, aerodynamic characteristics, operational characteristics, and other physical properties.

"(3) Noise and performance data.—The requirement of the Administrator to issue a notice of proposed rulemaking under paragraph (1) shall apply only if an application contains sufficient aircraft noise and performance data as the Administrator finds necessary to determine appropriate noise standards and operating limitations for the aircraft type consistent with section 44715 of title 49, United States Code.

"(4) Final rule.—Not later than 18 months after the end of the public comment period provided in the notice of proposed rulemaking required under paragraph (1), the Administrator shall publish in the Federal Register a final rule applying solely to the aircraft model submitted for type certification.

"(5) Review of rules of civil supersonic flights.—Beginning December 31, 2020, and every 2 years thereafter, the Administrator shall review available aircraft noise and performance data, and consult with heads of appropriate Federal agencies, to determine whether section 91.817 of title 14, Code of Federal Regulations, and Appendix B of part 91 of title 14, Code of Federal Regulations, may be amended, consistent with section 44715 of title 49, United States Code, to permit supersonic flight of civil aircraft over land in the United States.

"(6) Implementation of noise standards.—The portion of the regulation issued by the Administrator of the Federal Aviation Administration titled 'Revision of General Operating and Flight Rules' and published in the Federal Register on August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of civil aircraft at a true flight Mach number greater than 1 shall have no force or effect beginning on the date on which the Administrator publishes in the Federal Register a final rule specifying sonic boom noise standards for civil supersonic aircraft.

"(g) Additional Reports.—

"(1) Initial progress report.—Not later than 1 year after the date of enactment of this subsection [May 16, 2024], the Administrator shall submit to the appropriate committees of Congress a report describing—

"(A) the progress of the actions described in subsection (d)(1);

"(B) any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including such actions identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and

"(C) any other information determined appropriate by the Administrator.

"(2) Subsequent report.—Not later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall update the report described in paragraph (1) and submit to the appropriate committees of Congress such report."

Aircraft Air Quality

Pub. L. 118–63, title III, §362, May 16, 2024, 138 Stat. 1123, provided that:

"(a) Deadline for 2018 Study on Bleed Air.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note) and submit to the appropriate Congressional committees [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] the following:

"(1) The completed study required under subsection (c) of such section.

"(2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required under subsection (d) of such section.

"(b) Reporting System for Smoke or Fume Events Onboard Commercial Aircraft.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a standardized submission system for air carrier employees to voluntarily report fume or smoke events onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.

"(2) Collected information.—In developing the system under paragraph (1), the Administrator shall ensure that the system includes a method for submitting information about a smoke or fume event that allows for the collection of the following information, if applicable:

"(A) Identification of the flight number, type, and registration of the aircraft.

"(B) The date of the reported fume or smoke event onboard the aircraft.

"(C) Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any).

"(D) The location of the fumes or smoke in the aircraft.

"(E) The source (if discernible) of the fumes or smoke in the aircraft.

"(F) The phase of flight during which fumes or smoke first became present.

"(G) The duration of the fume or smoke event.

"(H) Any required onboard medical attention for passengers or crew members.

"(I) Any additional factors as determined appropriate by the Administrator or crew member submitting a report.

"(3) Guidelines for submission.—The Administrator shall issue guidelines on how to submit the information described in paragraph (2).

"(4) Confirmation of submission.—Upon submitting the information described in paragraph (2), the submitting party shall receive a duplicate record of the submission and confirmation of receipt.

"(5) Use of information.—The Administrator—

"(A) may not publicly publish any—

"(i) information specific to a fume or smoke event that is submitted pursuant to this section; and

"(ii) any [sic] information that may be used to identify the party submitting such information;

"(B) may only publicly publish information submitted pursuant to this section that has been aggregated if—

"(i) such information has been validated; and

"(ii) the availability of such information would improve aviation safety;

"(C) shall maintain a database of such information;

"(D) at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;

"(E) may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;

"(F) may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and

"(G) may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator.

"(c) National Academies Study on Overall Cabin Air Quality.—

"(1) In general.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall seek to enter into the appropriate arrangements with the National Academies to conduct a study and issue recommendations to be made publicly available pertaining to cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.

"(2) Scope.—In carrying out a study pursuant to paragraph (1), the National Academies shall examine—

"(A) the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report;

"(B) the information collected through the system established pursuant to subsection (b);

"(C) any health risks or impacts of fume or smoke events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations;

"(D) instances of persistent or regularly occurring (as determined by the National Academies) fume or smoke events in such aircraft;

"(E) instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume or smoke events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing;

"(F) the air contaminants present during the instances described in subparagraphs (D) and (E) and the probable originating materials of such air contaminants;

"(G) the frequencies, durations, and likely causes of the instances described in subparagraphs (D) and (E); and

"(H) any additional data on fume or smoke events, as determined appropriate by the National Academies.

"(3) Recommendations.—As a part of the study conducted under paragraph (1), the National Academies shall provide recommendations—

"(A) that, at minimum, address how to—

"(i) improve overall cabin air quality of passenger-carrying aircraft;

"(ii) improve the detection, accuracy, and reporting of fume or smoke events; and

"(iii) reduce the frequency and impact of fume or smoke events; and

"(B) to establish or update standards, guidelines, or regulations that could help achieve the recommendations described in subparagraph (A).

"(4) Report to congress.—Not later than 1 month after the completion of the study conducted under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a copy of such study and recommendations submitted with such study.

"(d) Rulemaking.—Not later than 1 year after the completion of the study conducted under subsection (c), the Administrator may, as appropriate to address the safety risks identified as a result of the actions taken pursuant to this section, issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations that may include the following:

"(1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving fume or smoke events.

"(2) Required actions and procedures for air carriers to take after receiving a report of an incident involving a fume or smoke event in which at least 1 passenger or crew member required medical attention as a result of such incident.

"(3) Installation onboard aircraft of detectors and other air quality monitoring equipment.

"(e) Fume or Smoke Event Defined.—In this section, the term 'fume or smoke event' means an event in which there is an atypical noticeable or persistent presence of fumes or air contaminants in the cabin, including, at a minimum, a smoke event."

Pub. L. 115–254, div. B, title III, §326, Oct. 5, 2018, 132 Stat. 3271, provided that:

"(a) Educational Materials.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall, in consultation with relevant stakeholders, establish and make available on a publicly available Internet website of the Administration, educational materials for flight attendants, pilots, and aircraft maintenance technicians on how to respond to incidents on board aircraft involving smoke or fumes.

"(b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.—Not later than 180 days after the date of enactment of this Act, the Administrator shall, in consultation with relevant stakeholders, issue guidance for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier and with respect to the basis on which commercial air carriers shall report such incidents through the Service Difficulty Reporting System.

"(c) Research to Develop Techniques to Monitor Bleed Air Quality.—Not later than 180 days after the date of enactment of this Act, the Administrator shall commission a study by the Airliner Cabin Environment Research Center of Excellence—

"(1) to identify and measure the constituents and levels of constituents resulting from bleed air in the cabins of a representative set of commercial aircraft in operation of the United States;

"(2) to assess the potential health effects of such constituents on passengers and cabin and flight deck crew;

"(3) to identify technologies suitable to provide reliable and accurate warning of bleed air contamination, including technologies to effectively monitor the aircraft air supply system when the aircraft is in flight; and

"(4) to identify potential techniques to prevent fume events.

"(d) Report Required.—Not later than 18 months after the date of enactment of this Act, 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 feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality.

"(e) Pilot Program.—The FAA may conduct a pilot program to evaluate the effectiveness of technologies identified in subsection (c)."

Performance-Based Standards

Pub. L. 115–254, div. B, title III, §329, Oct. 5, 2018, 132 Stat. 3272, provided that: "The Administrator [of the Federal Aviation Administration] shall, to the maximum extent possible and consistent with Federal law, and based on input by the public, ensure that regulations, guidance, and policies issued by the FAA on and after the date of enactment of this Act [Oct. 5, 2018] are issued in the form of performance-based standards, providing an equal or higher level of safety."

Return on Investment Report

Pub. L. 115–254, div. B, title V, §503(a)–(d), Oct. 5, 2018, 132 Stat. 3352, 3353, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and annually thereafter until the date that each NextGen [Next Generation Air Transportation System] program has a positive return on investment, the Administrator [of the Federal Aviation Administration] 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 status of each NextGen program, including the most recent NextGen priority list under subsection (c).

"(b) Contents.—The report under subsection (a) shall include, for each NextGen program—

"(1) an estimate of the date the program will have a positive return on investment;

"(2) an explanation for any delay in the delivery of expected benefits from previously published estimates on delivery of such benefits, in implementing or utilizing the program;

"(3) an estimate of the completion date;

"(4) an assessment of the long-term and near-term user benefits of the program for—

"(A) the Federal Government; and

"(B) the users of the national airspace system; and

"(5) a description of how the program directly contributes to a safer and more efficient air traffic control system.

"(c) NextGen Priority List.—Based on the assessment under subsection (a), the Administrator shall—

"(1) develop, in coordination with the NextGen Advisory Committee and considering the need for a balance between long-term and near-term user benefits, a prioritization of the NextGen programs;

"(2) annually update the priority list under paragraph (1); and

"(3) prepare budget submissions to reflect the current status of NextGen programs and projected returns on investment for each NextGen program.

"(d) Definition of Return on Investment.—In this section, the term 'return on investment' means the cost associated with technologies that are required by law or policy as compared to the financial benefits derived from such technologies by a government or a user of airspace."

Human Factors

Pub. L. 115–254, div. B, title V, §507, Oct. 5, 2018, 132 Stat. 3354, provided that:

"(a) In General.—In order to avoid having to subsequently modify products and services developed as a part of NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—

"(1) recognize and incorporate, in early design phases of all relevant NextGen programs, the human factors and procedural and airspace implications of stated goals and associated technical changes; and

"(2) ensure that a human factors specialist, separate from the research and certification groups, is directly involved with the NextGen approval process.

"(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 [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the progress made toward implementing the requirements under subsection (a)."

Programmatic Risk Management

Pub. L. 115–254, div. B, title V, §508, Oct. 5, 2018, 132 Stat. 3355, provided that: "To better inform the [Federal Aviation] Administration's decisions regarding the prioritization of efforts and allocation of resources for NextGen [Next Generation Air Transportation System], the Administrator [of the Federal Aviation Administration] shall—

"(1) solicit input from specialists in probability and statistics to identify and prioritize the programmatic and implementation risks to NextGen; and

"(2) develop a method to manage and mitigate the risks identified in paragraph (1)."

Part 91 Review, Reform, and Streamlining

Pub. L. 115–254, div. B, title V, §513, Oct. 5, 2018, 132 Stat. 3357, provided that:

"(a) Establishment of Task Force.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall establish a task force comprised of representatives of the general aviation industry who regularly perform part 91 operations, labor unions (including those representing FAA aviation safety inspectors and FAA aviation safety engineers), manufacturers, and the Government to—

"(1) conduct an assessment of the FAA oversight and authorization processes and requirements for aircraft under part 91; and

"(2) make recommendations to streamline the applicable authorization and approval processes, improve safety, and reduce regulatory cost burdens and delays for the FAA and aircraft owners and operators who operate pursuant to part 91.

"(b) Contents.—In conducting the assessment and making recommendations under subsection (a), the task force shall consider—

"(1) process reforms and improvements to allow the FAA to review and approve applications in a fair and timely fashion;

"(2) the appropriateness of requiring an authorization for each experimental aircraft rather than using a broader all-makes-and-models approach;

"(3) ways to improve the timely response to letters of authorization applications for aircraft owners and operators who operate pursuant to part 91, including setting deadlines and granting temporary or automatic authorizations if deadlines are missed by the FAA;

"(4) methods for enhancing the effective use of delegation systems;

"(5) methods for training the FAA's field office employees in risk-based and safety management system oversight; and

"(6) such other matters related to streamlining part 91 authorization and approval processes as the task force considers appropriate.

"(c) Report to Congress.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, 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 results of the task force's assessment.

"(2) Contents.—The report shall include an explanation of how the Administrator will—

"(A) implement the recommendations of the task force;

"(B) measure progress in implementing the recommendations; and

"(C) measure the effectiveness of the implemented recommendations.

"(d) Implementation of Recommendations.—Not later than 18 months after the date of enactment of this Act, the Administrator shall implement the recommendations made under this section.

"(e) Definition.—In this section, the term 'part 91' means part 91 of title 14, Code of Federal Regulations.

"(f) Applicable Law.—Public Law 92–463 [Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to the task force.

"(g) Sunset.—The task force shall terminate on the day the Administrator submits the report required under subsection (c)."

Pilots Sharing Flight Expenses With Passengers

Pub. L. 115–254, div. B, title V, §515, Oct. 5, 2018, 132 Stat. 3358, provided that:

"(a) Guidance.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall make publicly available, in a clear and concise format, advisory guidance that describes how a pilot may share flight expenses with passengers in a manner consistent with Federal law, including regulations.

"(2) Examples included.—The guidance shall include examples of—

"(A) flights for which pilots and passengers may share expenses;

"(B) flights for which pilots and passengers may not share expenses;

"(C) the methods of communication that pilots and passengers may use to arrange flights for which expenses are shared; and

"(D) the methods of communication that pilots and passengers may not use to arrange flights for which expenses are shared.

"(b) Report.—

"(1) In general.—Not later than 180 days after the date on which guidance is made publicly available under subsection (a), the Comptroller General of the United States 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 analyzing Federal policy with respect to pilots sharing flight expenses with passengers.

"(2) Evaluations included.—The report submitted under paragraph (1) shall include an evaluation of—

"(A) the rationale for such Federal policy;

"(B) safety and other concerns related to pilots sharing flight expenses with passengers; and

"(C) benefits related to pilots sharing flight expenses with passengers."

Geosynthetic Materials

Pub. L. 115–254, div. B, title V, §525, Oct. 5, 2018, 132 Stat. 3364, provided that: "The Administrator [of the Federal Aviation Administration], to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials and other innovative technologies, in carrying out the activities of the Federal Aviation Administration."

Treatment of Multiyear Lessees of Large and Turbine-Powered Multiengine Aircraft

Pub. L. 115–254, div. B, title V, §550, Oct. 5, 2018, 132 Stat. 3378, provided that: "The Secretary of Transportation shall revise such regulations as may be necessary to ensure that multiyear lessees and owners of large and turbine-powered multiengine aircraft are treated equally for purposes of joint ownership policies of the FAA."

Enhanced Surveillance Capability

Pub. L. 115–254, div. B, title V, §562, Oct. 5, 2018, 132 Stat. 3384, provided that: "Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall identify and implement a strategy to—

"(1) advance near-term and long-term uses of enhanced surveillance systems, such as space-based ADS–B [automatic dependent surveillance-broadcast], within United States airspace or international airspace delegated to the United States;

"(2) exercise leadership on setting global standards for the separation of aircraft in oceanic airspace by working with—

"(A) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;

"(B) other international organizations and fora; and

"(C) the private sector; and

"(3) ensure the participation of the [Federal Aviation] Administration in the analysis of trials of enhanced surveillance systems, such as space-based ADS–B, performed by foreign air navigation service providers in North Atlantic airspace."

Aviation Workforce Development Programs

Pub. L. 115–254, div. B, title VI, §625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116–92, div. A, title XVII, §1743(a), Dec. 20, 2019, 133 Stat. 1842; Pub. L. 118–63, title IV, §440(a), May 16, 2024, 138 Stat. 1179, which provided for grants for projects to support the education and recruitment of future aircraft pilots and aviation maintenance and manufacturing technical workers, was transferred and is set out as a note under section 40132 of this title.

Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training

Pub. L. 115–254, div. B, title VI, §631, Oct. 5, 2018, 132 Stat. 3407, provided that:

"(a) Designation.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation, in consultation with the Secretary of Education and the Secretary of Labor, shall establish a process to designate consortia of public, 2-year institutions of higher education as Community and Technical College Centers of Excellence in Small Unmanned Aircraft System Technology Training (in this section referred to as the 'Centers of Excellence').

"(b) Functions.—A Center of Excellence designated under subsection (a) shall have the capacity to train students for career opportunities in industry and government service related to the use of small unmanned aircraft systems.

"(c) Education and Training Requirements.—In order to be designated as a Center of Excellence under subsection (a), a consortium shall be able to address education and training requirements associated with various types of small unmanned aircraft systems, components, and related equipment, including with respect to—

"(1) multirotor and fixed-wing small unmanned aircraft;

"(2) flight systems, radio controllers, components, and characteristics of such aircraft;

"(3) routine maintenance, uses and applications, privacy concerns, safety, and insurance for such aircraft;

"(4) hands-on flight practice using small unmanned aircraft systems and computer simulator training;

"(5) use of small unmanned aircraft systems in various industry applications and local, State, and Federal government programs and services, including in agriculture, law enforcement, monitoring oil and gas pipelines, natural disaster response and recovery, fire and emergency services, and other emerging areas;

"(6) Federal policies concerning small unmanned aircraft;

"(7) dual credit programs to deliver small unmanned aircraft training opportunities to secondary school students; or

"(8) training with respect to sensors and the processing, analyzing, and visualizing of data collected by small unmanned aircraft.

"(d) Collaboration.—Each Center of Excellence shall seek to collaborate with institutions participating in the Alliance for System Safety of UAS through Research Excellence of the Federal Aviation Administration and with the test ranges defined under section 44801 of title 49, United States Code, as added by this Act.

"(e) Institution of Higher Education.—In this section, the term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)."

Collegiate Training Initiative Program for Unmanned Aircraft Systems

Pub. L. 115–254, div. B, title VI, §632, Oct. 5, 2018, 132 Stat. 3408, 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 establish a collegiate training initiative program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may establish standards for the entry of such institutions into the program and for their continued participation in the program.

"(b) Unmanned Aircraft System Defined.—In this section, the term 'unmanned aircraft system' has the meaning given that term by section 44801 of title 49, United States Code, as added by this Act."

Cyber Testbed

Pub. L. 115–254, div. B, title VII, §731, Oct. 5, 2018, 132 Stat. 3411, provided that: "Not later than 6 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall develop an integrated Cyber Testbed for research, development, evaluation, and validation of air traffic control modernization technologies, before they enter the national airspace system, as being compliant with FAA data security regulations. The Cyber Testbed shall be part of an integrated research and development test environment capable of creating, identifying, defending, and solving cybersecurity-related problems for the national airspace system. This integrated test environment shall incorporate integrated test capacities within the FAA related to the national airspace system and NextGen."

Mitigation of Operational Risks Posed to Certain Military Aircraft by Automatic Dependent Surveillance-Broadcast Equipment

Pub. L. 115–232, div. A, title X, §1046, Aug. 13, 2018, 132 Stat. 1959, provided that:

"(a) In General.—The Secretary of Transportation may not—

"(1) directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as 'ADS-B') equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense;

"(2) deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or

"(3) restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment.

"(b) Termination.—Subsection (a) shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services.

"(c) Rule of Construction.—Nothing in this section may be construed to—

"(1) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law;

"(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or

"(3) limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace.

"(d) Notification Requirement.—The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3).

"(e) Definitions.—In this section:

"(1) The term 'appropriate congressional committees' means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

"(2) The term 'air traffic control services' means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information.

"(3) The term 'special mission aircraft' means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk."

Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems

Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Unmanned Aircraft Joint Training and Usage Plan

Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Interagency Collaboration

Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Prohibition on Participation in European Union's Emissions Trading Scheme

Pub. L. 112–200, Nov. 27, 2012, 126 Stat. 1477, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'European Union Emissions Trading Scheme Prohibition Act of 2011'.

"SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION'S EMISSIONS TRADING SCHEME.

"(a) In General.—The Secretary of Transportation shall prohibit an operator of a civil aircraft of the United States from participating in the emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003, as amended, in any case in which the Secretary determines the prohibition to be, and in a manner that is, in the public interest, taking into account—

"(1) the impacts on U.S. consumers, U.S. carriers, and U.S. operators;

"(2) the impacts on the economic, energy, and environmental security of the United States; and

"(3) the impacts on U.S. foreign relations, including existing international commitments.

"(b) Public Hearing.—After determining that a prohibition under this section may be in the public interest, the Secretary must hold a public hearing at least 30 days before imposing any prohibition.

"(c) Reassessment of Determination of Public Interest.—The Secretary—

"(1) may reassess a determination under subsection (a) that a prohibition under that subsection is in the public interest at any time after making such a determination; and

"(2) shall reassess such a determination after—

"(A) any amendment by the European Union to the EU Directive referred to in subsection (a); or

"(B) the adoption of any international agreement pursuant to section 3(1). [sic]

"(C) enactment of a public law or issuance of a final rule after formal agency rulemaking, in the United State[s] to address aircraft emissions.

"SEC. 3. NEGOTIATIONS.

"(a) In General.—The Secretary of Transportation, the Administrator of the Federal Aviation Administration, and other appropriate officials of the United States Government—

"(1) should, as appropriate, use their authority to conduct international negotiations, including using their authority to conduct international negotiations to pursue a worldwide approach to address aircraft emissions, including the environmental impact of aircraft emissions; and

"(2) shall, as appropriate and except as provided in subsection (b), take other actions under existing authorities that are in the public interest necessary to hold operators of civil aircraft of the United States harmless from the emissions trading scheme referred to under section 2.

"(b) Exclusion of Payment of Taxes and Penalties.—Actions taken under subsection (a)(2) may not include the obligation or expenditure of any amounts in the Airport and Airway Trust Fund established under section 9905 [9502] of the Internal Revenue Code of 1986 [26 U.S.C. 9502], or amounts otherwise made available to the Department of Transportation or any other Federal agency pursuant to appropriations Acts, for the payment of any tax or penalty imposed on an operator of civil aircraft of the United States pursuant to the emissions trading scheme referred to under section 2.

"SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.

"In this Act, the term 'civil aircraft of the United States' has the meaning given the term under section 40102(a) of title 49, United States Code."

NextGen Air Transportation System and Air Traffic Control Modernization

Pub. L. 112–95, title II, §§201, 202, 211–222, Feb. 14, 2012, 126 Stat. 36, 44-54, as amended by Pub. L. 114–328, div. A, title III, §341(b), Dec. 23, 2016, 130 Stat. 2081; Pub. L. 115–254, div. B, title V, §§503(e), 522(a), Oct. 5, 2018, 132 Stat. 3353, 3363, provided that:

"SEC. 201. DEFINITIONS.

"In this title [amending sections 106, 40102, 40110, and 40113 of this title, enacting provisions set out as notes under this section and sections 106 and 44506 of this title, and amending provisions set out as notes under this section], the following definitions apply:

"(1) Nextgen.—The term 'NextGen' means the Next Generation Air Transportation System.

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

"(3) ADS–B Out.—The term 'ADS–B Out' means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.

"(4) ADS–B In.—The term 'ADS–B In' means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft as well as the ability of the aircraft to receive information from other transmitting aircraft and the ground infrastructure.

"(5) RNAV.—The term 'RNAV' means area navigation.

"(6) RNP.—The term 'RNP' means required navigation performance.

"[SEC. 202. Repealed. Pub. L. 115–254, div. B, title V, §503(e), Oct. 5, 2018, 132 Stat. 3353.]

"SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

"(a) Review by DOT Inspector General.—

"(1) In general.—The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration's award and oversight of any contracts entered into by the Administration to provide ADS–B services for the national airspace system.

"(2) Contents.—The review shall include, at a minimum—

"(A) an examination of how the Administration manages program risks;

"(B) an assessment of expected benefits attributable to the deployment of ADS–B services, including the Administration's plans for implementation of advanced operational procedures and air-to-air applications, as well as the extent to which ground radar will be retained;

"(C) an assessment of the Administration's analysis of specific operational benefits, and benefit/costs analyses of planned operational benefits conducted by the Administration, for ADS–B In and ADS–B Out avionics equipage for airspace users;

"(D) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor;

"(E) an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration's program for providing ADS–B services;

"(F) an assessment of how security issues are being addressed in the overall design and implementation of the ADS–B system;

"(G) identification of any potential operational or workforce changes resulting from deployment of ADS–B; and

"(H) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention.

"(3) Reports to congress.—The Inspector General shall submit, periodically (and on at least an annual basis), 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 on the results of the review conducted under this subsection.

"[(b) Repealed. Pub. L. 115–254, div. B, title V, §522(a), Oct. 5, 2018, 132 Stat. 3363.]

"(c) Use of ADS–B Technology.—

"(1) Plans.—Not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall develop, in consultation with appropriate employee and industry groups, a plan for the use of ADS–B technology for surveillance and active air traffic control.

"(2) Contents.—The plan shall—

"(A) include provisions to test the use of ADS–B technology for surveillance and active air traffic control in specific regions of the United States with the most congested airspace;

"(B) identify the equipment required at air traffic control facilities and the training required for air traffic controllers;

"(C) identify procedures, to be developed in consultation with appropriate employee and industry groups, to conduct air traffic management in mixed equipage environments; and

"(D) establish a policy in test regions referred to in subparagraph (A), in consultation with appropriate employee and industry groups, to provide incentives for equipage with ADS–B technology, including giving priority to aircraft equipped with such technology before the 2020 equipage deadline.

"SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.

"(a) Review.—The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the NextGen.

"(b) Contents.—At a minimum, the review to be conducted under subsection (a) shall—

"(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;

"(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and

"(3) determine how risks with automation efforts for the NextGen can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.

"(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 Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of the review conducted pursuant to subsection (a).

"SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.

"(a) Operational Evolution Partnership (OEP) Airport Procedures.—

"(1) OEP airports report.—Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as 'qualified third parties') that includes the following:

"(A) RNP/RNAV operations for oep airports.—The required navigation performance and area navigation operations, including the procedures to be developed, certified, and published and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at each of the 35 operational evolution partnership airports identified by the Administration and any medium or small hub airport located within the same metroplex area considered appropriate by the Administrator. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance and area navigation procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.

"(B) Coordination and implementation activities for oep airports.—A description of the activities and operational changes and approvals required to coordinate and utilize the procedures at OEP airports.

"(C) Implementation plan for oep airports.—A plan for implementing the procedures for OEP airports under subparagraph (A) that establishes—

"(i) clearly defined budget, schedule, project organization, and leadership requirements;

"(ii) specific implementation and transition steps;

"(iii) baseline and performance metrics for—

     "(I) measuring the Administration's progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and

     "(II) achieving measurable fuel burn and carbon dioxide emissions reductions compared to current performance;

"(iv) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics under clause (iii);

"(v) coordination and communication mechanisms with qualified third parties, if applicable;

"(vi) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment; and

"(vii) a lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable.

"(D) Additional procedures for oep airports.—A process for the identification, certification, and publication of additional required navigation performance and area navigation procedures that may provide operational benefits at OEP airports, and any medium or small hub airport located within the same metroplex area as the OEP airport, in the future.

"(2) Implementation schedule for oep airports.—The Administrator shall certify, publish, and implement—

"(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 30 percent of the required procedures at OEP airports;

"(B) not later than 36 months after the date of enactment of this Act, 60 percent of the required procedures at OEP airports; and

"(C) before June 30, 2015, 100 percent of the required procedures at OEP airports.

"(b) Non-OEP Airports.—

"(1) Non-OEP airports report.—Not later than 6 months after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall publish a report, after consultation with representatives of appropriate Administration employee groups, airport operators, air carriers, general aviation representatives, aircraft and avionics manufacturers, and third parties that have received letters of qualification from the Administration to design and validate required navigation performance flight paths for public use (in this section referred to as 'qualified third parties') that includes the following:

"(A) RNP operations for non-oep airports.—A list of required navigation performance procedures (as defined in FAA order 8260.52(d)) to be developed, certified, and published, and the air traffic control operational changes, to maximize the fuel efficiency and airspace capacity of NextGen commercial operations at 35 non-OEP small, medium, and large hub airports other than those referred to in subsection (a)(1). The Administrator shall choose such non-OEP airports considered appropriate by the Administrator to produce maximum operational benefits, including improved fuel efficiency and emissions reductions that do not have public RNP procedures that produce such benefits on the date of enactment of this Act. The Administrator shall, to the maximum extent practicable, avoid overlays of existing flight procedures, but if unavoidable, the Administrator shall clearly identify each required navigation performance procedure that is an overlay of an existing instrument flight procedure and the reason why such an overlay was used.

"(B) Coordination and implementation activities for non-oep airports.—A description of the activities and operational changes and approvals required to coordinate and to utilize the procedures required by subparagraph (A) at each of the airports described in such subparagraph.

"(C) Implementation plan for non-oep airports.—A plan for implementation of the procedures required by subparagraph (A) that establishes—

"(i) clearly defined budget, schedule, project organization, and leadership requirements;

"(ii) specific implementation and transition steps;

"(iii) coordination and communications mechanisms with qualified third parties;

"(iv) plans to address human factors, training, and other issues for air traffic controllers surrounding the adoption of RNP procedures in the en route and terminal environments, including in a mixed operational environment;

"(v) baseline and performance metrics for—

     "(I) measuring the Administration's progress in implementing the plan, including the percentage utilization of required navigation performance in the national airspace system; and

     "(II) achieving measurable fuel burn and carbon dioxide emissions reduction compared to current performance;

"(vi) expedited environmental review procedures and processes for timely environmental approval of area navigation and required navigation performance that offer significant efficiency improvements as determined by baseline and performance metrics established under clause (v);

"(vii) a description of the software and database information, such as a current version of the Noise Integrated Routing System or the Integrated Noise Model that the Administration will need to make available to qualified third parties to enable those third parties to design procedures that will meet the broad range of requirements of the Administration; and

"(viii) lifecycle management strategy for RNP procedures to be developed by qualified third parties, if applicable.

"(D) Additional procedures for non-oep airports.—A process for the identification, certification, and publication of additional required navigation performance procedures that may provide operational benefits at non-OEP airports in the future.

"(2) Implementation schedule for non-oep airports.—The Administrator shall certify, publish, and implement—

"(A) not later than 18 months after the date of enactment of this Act [Feb. 14, 2012], 25 percent of the required procedures for non-OEP airports;

"(B) not later than 36 months after the date of enactment of this Act, 50 percent of the required procedures for non-OEP airports; and

"(C) before June 30, 2016, 100 percent of the required procedures for non-OEP airports.

"(c) Coordinated and Expedited Review.—

"(1) In general.—Navigation performance and area navigation procedures developed, certified, published, or implemented under this section shall be presumed to be covered by a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the Administrator determines that extraordinary circumstances exist with respect to the procedure.

"(2) Nextgen procedures.—Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the determination of the Administrator, would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise, on a per flight basis, as compared to aircraft operations that follow existing instrument flight rules procedures in the same airspace, shall be presumed to have no significant affect on the quality of the human environment and the Administrator shall issue and file a categorical exclusion for the new procedure.

"(3) Notifications and consultations.—Not later than 90 days before applying a categorical exclusion under this subsection to a new procedure at an OEP airport, the Administrator shall—

"(A) notify and consult with the operator of the airport at which the procedure would be implemented; and

"(B) consider consultations or other engagement with the community in the [sic] which the airport is located to inform the public of the procedure.

"(4) Review of certain categorical exclusions.—

"(A) In general.—The Administrator shall review any decision of the Administrator made on or after February 14, 2012, and before the date of the enactment of this paragraph [Dec. 23, 2016] to grant a categorical exclusion under this subsection with respect to a procedure to be implemented at an OEP airport that was a material change from procedures previously in effect at the airport to determine if the implementation of the procedure had a significant effect on the human environment in the community in which the airport is located.

"(B) Content of review.—If, in conducting a review under subparagraph (A) with respect to a procedure implemented at an OEP airport, the Administrator, in consultation with the operator of the airport, determines that implementing the procedure had a significant effect on the human environment in the community in which the airport is located, the Administrator shall—

"(i) consult with the operator of the airport to identify measures to mitigate the effect of the procedure on the human environment; and

"(ii) in conducting such consultations, consider the use of alternative flight paths that do not substantially degrade the efficiencies achieved by the implementation of the procedure being reviewed.

"(C) Human environment defined.—In this paragraph, the term 'human environment' has the meaning given such term in section 1508.14 of title 40, Code of Federal Regulations (as in effect on the day before the date of the enactment of this paragraph).

"(d) Deployment Plan for Nationwide Data Communications System.—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 of the House of Representatives a plan for implementation of a nationwide data communications system. The plan shall include—

"(1) clearly defined budget, schedule, project organization, and leadership requirements;

"(2) specific implementation and transition steps; and

"(3) baseline and performance metrics for measuring the Administration's progress in implementing the plan.

"(e) Improved Performance Standards.—

"(1) Assessment of work being performed under nextgen implementation plan.—The Administrator shall clearly outline in the NextGen Implementation Plan document of the Administration the work being performed under the plan to determine—

"(A) whether utilization of ADS–B, RNP, and other technologies as part of NextGen implementation will display the position of aircraft more accurately and frequently to enable a more efficient use of existing airspace and result in reduced consumption of aviation fuel and aircraft engine emissions; and

"(B) the feasibility of reducing aircraft separation standards in a safe manner as a result of the implementation of such technologies.

"(2) Aircraft separation standards.—If the Administrator determines that the standards referred to in paragraph (1)(B) can be reduced safely, the Administrator shall include in the NextGen Implementation Plan a timetable for implementation of such reduced standards.

"(f) Third-Party Usage.—The Administration shall establish a program under which the Administrator is authorized to use qualified third parties in the development, testing, and maintenance of flight procedures.

"SEC. 214. PERFORMANCE METRICS.

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall establish and begin tracking national airspace system performance metrics, including, at a minimum, metrics with respect to—

"(1) actual arrival and departure rates per hour measured against the currently published aircraft arrival rate and aircraft departure rate for the 35 operational evolution partnership airports;

"(2) average gate-to-gate times;

"(3) fuel burned between key city pairs;

"(4) operations using the advanced navigation procedures, including performance based navigation procedures;

"(5) the average distance flown between key city pairs;

"(6) the time between pushing back from the gate and taking off;

"(7) continuous climb or descent;

"(8) average gate arrival delay for all arrivals;

"(9) flown versus filed flight times for key city pairs;

"(10) implementation of NextGen Implementation Plan, or any successor document, capabilities designed to reduce emissions and fuel consumption;

"(11) the Administration's unit cost of providing air traffic control services; and

"(12) runway safety, including runway incursions, operational errors, and loss of standard separation events.

"(b) Baselines.—The Administrator, in consultation with aviation industry stakeholders, shall identify baselines for each of the metrics established under subsection (a) and appropriate methods to measure deviations from the baselines.

"(c) Publication.—The Administrator shall make data obtained under subsection (a) available to the public in a searchable, sortable, and downloadable format through the Web site of the Administration and other appropriate media.

"(d) Report.—Not later than 180 days 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 of the House of Representatives a report that contains—

"(1) a description of the metrics that will be used to measure the Administration's progress in implementing NextGen capabilities and operational results;

"(2) information on any additional metrics developed; and

"(3) a process for holding the Administration accountable for meeting or exceeding the metrics baselines identified in subsection (b).

"SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.

"(a) Process for Certification.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a plan to accelerate and streamline the process for certification of NextGen technologies, including—

"(1) establishment of updated project plans and timelines;

"(2) identification of the specific activities needed to certify NextGen technologies, including the establishment of NextGen technical requirements for the manufacture of equipage, installation of equipage, airline operational procedures, pilot training standards, air traffic control procedures, and air traffic controller training;

"(3) identification of staffing requirements for the Air Certification Service and the Flight Standards Service, taking into consideration the leveraging of assistance from third parties and designees;

"(4) establishment of a program under which the Administration will use third parties in the certification process; and

"(5) establishment of performance metrics to measure the Administration's progress.

"(b) Certification Integrity.—The Administrator shall ensure that equipment, systems, or services used in the national airspace system meet appropriate certification requirements regardless of whether the equipment, system, or service is publically or privately owned.

"SEC. 216. SURFACE SYSTEMS ACCELERATION.

"(a) In General.—The Chief Operating Officer of the Air Traffic Organization shall—

"(1) evaluate the Airport Surface Detection Equipment-Model X program for its potential contribution to implementation of the NextGen initiative;

"(2) evaluate airport surveillance technologies and associated collaborative surface management software for potential contributions to implementation of NextGen surface management;

"(3) accelerate implementation of the program referred to in paragraph (1); and

"(4) carry out such additional duties as the Administrator of the Federal Aviation Administration may require.

"(b) Expedited Certification and Utilization.—The Administrator shall—

"(1) consider options for expediting the certification of Ground-Based Augmentation System technology; and

"(2) develop a plan to utilize such a system at the 35 operational evolution partnership airports by December 31, 2012.

"SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.

"(a) Process for Employee Inclusion.—Notwithstanding any other law or agreement, the Administrator of the Federal Aviation Administration shall establish a process or processes for including qualified employees selected by each exclusive collective bargaining representative of employees of the Administration impacted by the air traffic control modernization process to serve in a collaborative and expert capacity in the planning and development of air traffic control modernization projects, including NextGen.

"(b) Adherence to Deadlines.—Participants in these processes shall adhere, to the greatest extent possible, to all deadlines and milestones established pursuant to this title.

"(c) No Change in Employee Status.—Participation in these processes by an employee shall not—

"(1) serve as a waiver of any bargaining obligations or rights;

"(2) entitle the employee to any additional compensation or benefits with the exception of a per diem, if appropriate; or

"(3) entitle the employee to prevent or unduly delay the exercise of management prerogatives.

"(d) Working Groups.—Except in extraordinary circumstances, the Administrator shall not pay overtime related to work group participation.

"(e) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of this section.

"SEC. 218. AIRSPACE REDESIGN.

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

"(1) The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.

"(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the NextGen Implementation Plan.

"(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.

"(4) New runways planned for the period of fiscal years 2011 and 2012 will not provide estimated capacity benefits without additional funds.

"(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.—

"(1) Monitoring.—The Administrator of the Federal Aviation Administration, in conjunction with the Port Authority of New York and New Jersey and the Philadelphia International Airport, shall monitor the noise impacts of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign.

"(2) Report.—Not later than 1 year following the first day of completion of the New York/New Jersey/Philadelphia Metropolitan Area Airspace Redesign, the Administrator shall submit to Congress a report on the findings of the Administrator with respect to monitoring conducted under paragraph (1).

"SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS.

"(a) Study.—The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the height and latitudinal and longitudinal locations of guy-wire and free-standing tower obstructions.

"(b) Considerations.—In conducting the study, the Administrator shall consult with affected industries and appropriate Federal agencies.

"(c) Report.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit a report to the appropriate committees of Congress on the results of the study.

"SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

"(a) In General.—The Administrator of the Federal Aviation Administration may enter into an agreement, on a competitive basis, to assist in the establishment of a center of excellence for the research and development of NextGen technologies.

"(b) Functions.—The Administrator shall ensure that the center established under subsection (a)—

"(1) leverages resources and partnerships, including appropriate programs of the Administration, to enhance the research and development of NextGen technologies by academia and industry; and

"(2) provides educational, technical, and analytical assistance to the Administration and other Federal departments and agencies with responsibilities to research and develop NextGen technologies.

"SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.

"(a) In General.—The Secretary may establish an avionics equipage incentive program for the purpose of equipping general aviation and commercial aircraft with communications, surveillance, navigation, and other avionics equipment as determined by the Secretary to be in the interest of achieving NextGen capabilities for such aircraft.

"(b) NextGen Public-Private Partnerships.—The incentive program established under subsection (a) shall, at a minimum—

"(1) be based on public-private partnership principles; and

"(2) leverage and maximize the use of private sector capital.

"(c) Financial Instruments.—Subject to the availability of appropriated funds, the Secretary may use financial instruments to facilitate public-private financing for the equipage of general aviation and commercial aircraft registered under section 44103 of title 49, United States Code. To the extent appropriations are not made available, the Secretary may establish the program, provided the costs are covered by the fees and premiums authorized by subsection (d)(2). For purposes of this section, the term 'financial instruments' means loan guarantees and other credit assistance designed to leverage and maximize private sector capital.

"(d) Protection of the Taxpayer.—

"(1) Limitation on principal.—The amount of any guarantee under this program shall be limited to 90 percent of the principal amount of the underlying loan.

"(2) Collateral, fees, and premiums.—The Secretary shall require applicants for the incentive program to post collateral and pay such fees and premiums if feasible, as determined by the Secretary, to offset costs to the Government of potential defaults, and agree to performance measures that the Secretary considers necessary and in the best interest of implementing the NextGen program.

"(3) Use of funds.—Applications for this program shall be limited to equipment that is installed on general aviation or commercial aircraft and is necessary for communications, surveillance, navigation, or other purposes determined by the Secretary to be in the interests of achieving NextGen capabilities for commercial and general aviation.

"(e) Termination of Authority.—The authority of the Secretary to issue such financial instruments under this section shall terminate 5 years after the date of the establishment of the incentive program.

"SEC. 222. OPERATIONAL INCENTIVES.

"(a) In General.—The Administrator of the Federal Aviation Administration shall issue a report that—

"(1) identifies incentive options to encourage the equipage of aircraft with NextGen technologies, including a policy that gives priority to aircraft equipped with ADS–B technology;

"(2) identifies the costs and benefits of each option; and

"(3) includes input from industry stakeholders, including passenger and cargo air carriers, aerospace manufacturers, and general aviation aircraft operators.

"(b) Deadline.—The Administrator shall issue the report before the earlier of—

"(1) the date that is 6 months after the date of enactment of this Act [Feb. 14, 2012]; or

"(2) the date on which aircraft are required to be equipped with ADS–B technology pursuant to the rulemaking under [former] section 211(b)."

[Pub. L. 115–254, div. B, title V, §522(b), Oct. 5, 2018, 132 Stat. 3363, provided that: "The Administrator [of the Federal Aviation Administration] shall ensure that any regulation issued pursuant to such subsection [subsec. (b) of section 211 of Pub. L. 112–95, formerly set out above] has no force or effect."]

Contingency Planning

Pub. L. 112–95, title II, §208(d), Feb. 14, 2012, 126 Stat. 43, provided that: "The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism."

Reports on Status of Greener Skies Project

Pub. L. 112–95, title II, §225, Feb. 14, 2012, 126 Stat. 55, provided that:

"(a) Initial Report.—Not later than 180 days after the date of the enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall submit to Congress a report on the strategy of the Administrator for implementing, on an accelerated basis, the NextGen operational capabilities produced by the Greener Skies project, as recommended in the final report of the RTCA NextGen Mid-Term Implementation Task Force that was issued on September 9, 2009.

"(b) Subsequent Reports.—

"(1) In general.—Not later than 180 days after the Administrator submits to Congress the report required by subsection (a) and annually thereafter until the pilot program terminates, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the Administrator in carrying out the strategy described in the report submitted under subsection (a).

"(2) Contents.—Each report submitted under paragraph (1) shall include the following:

"(A) A timeline for full implementation of the strategy described in the report submitted under subsection (a).

"(B) A description of the progress made in carrying out such strategy.

"(C) A description of the challenges, if any, encountered by the Administrator in carrying out such strategy."

[For definition of "NextGen" as used in section 225 of Pub. L. 112–95, set out above, see section 201 of Pub. L. 112–95, set out as a note above.]

Unmanned Aircraft Systems

Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Clarification of Requirements for Volunteer Pilots Operating Charitable Medical Flights

Pub. L. 118–63, title VIII, §830, May 16, 2024, 138 Stat. 1337, provided that:

"(a) In General.—

"(1) Validity of exemption.—Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator [of the Federal Aviation Administration] for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note) shall be valid for 5 years.

"(2) Failing to adhere.—If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption.

"(3) No longer qualifying.—If the Administrator finds that such exemption holder no longer qualifies as a volunteer pilot organization, the Administrator shall rescind such exemption.

"(4) Forgoing exemption.—If such exemption holder informs the Administrator that such holder no longer plans to exercise the authority granted by such exemption, the Administrator may rescind such exemption.

"(b) Additional Requirements.—

"(1) In general.—A volunteer pilot organization may impose additional safety requirements on a volunteer pilot without—

"(A) being considered—

"(i) an air carrier (as such term is defined in section 40102 of title 49, United States Code); or

"(ii) a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or

"(B) constituting common carriage.

"(2) Savings clause.—Nothing in this subsection may be construed to limit or otherwise affect the authority of the Administrator to regulate, as appropriate, a flight operation associated with a volunteer pilot organization that constitutes a commercial operation or common carriage.

"(c) Reissuance of Existing Exemptions.—In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act [May 16, 2024], the Administrator shall ensure that the reissued exemption—

"(1) accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and

"(2) is otherwise substantially similar to the previously issued exemption.

"(d) Statutory Construction.—Nothing in this section shall be construed to—

"(1) affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or

"(2) impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—

"(A) is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or

"(B) pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations.

"(e) Definitions.—In this section:

"(1) Volunteer pilot.—The term 'volunteer pilot' means a person who—

"(A) acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and

"(B) holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations.

"(2) Volunteer pilot organization.—The term 'volunteer pilot organization' has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)."

Pub. L. 112–95, title VIII, §821, Feb. 14, 2012, 126 Stat. 128, provided that:

"(a) Reimbursement of Fuel Costs.—Notwithstanding any other law or regulation, in administering section 61.113(c) of title 14, Code of Federal Regulations (or any successor regulation), the Administrator of the Federal Aviation Administration shall allow an aircraft owner or operator to accept reimbursement from a volunteer pilot organization for the fuel costs associated with a flight operation to provide transportation for an individual or organ for medical purposes (and for other associated individuals), if the aircraft owner or operator has—

"(1) volunteered to provide such transportation; and

"(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight.

"(b) Conditions to Ensure Safety.—The Administrator may impose minimum standards with respect to training and flight hours for single-engine, multi-engine, and turbine-engine operations conducted by an aircraft owner or operator that is being reimbursed for fuel costs by a volunteer pilot organization, including mandating that the pilot in command of such aircraft hold an instrument rating and be current and qualified for the aircraft being flown to ensure the safety of flight operations described in subsection (a).

"(c) Volunteer Pilot Organization.—In this section, the term 'volunteer pilot organization' means an organization that—

"(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code; and

"(2) is organized for the primary purpose of providing, arranging, or otherwise fostering charitable medical transportation."

Interagency Research on Aviation and the Environment

Pub. L. 112–95, title IX, §909, 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, in coordination with NASA and after consultation with other relevant agencies, may maintain a research program to assess the potential effect of aviation activities on the environment and, if warranted, to evaluate approaches to address any such effect.

"(b) Research Plan.—

"(1) In general.—The Administrator, in coordination with NASA and after consultation with other relevant agencies, shall jointly develop a plan to carry out the research under subsection (a).

"(2) Contents.—The plan shall contain an inventory of current interagency research being undertaken in this area, future research objectives, proposed tasks, milestones, and a 5-year budgetary profile.

"(3) Requirements.—The plan—

"(A) shall be completed not later than 1 year after the date of enactment of this Act [Feb. 14, 2012];

"(B) shall be submitted to Congress for review; and

"(C) shall be updated, as appropriate, every 3 years after the initial submission."

Unmanned Aerial Systems and National Airspace

Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, formerly set out as a note under this section, was transferred and is set out as a note under section 44802 of this title.

Findings

Pub. L. 110–113, §2, Nov. 8, 2007, 121 Stat. 1039, provided that: "Congress finds the following:

"(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.

"(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.

"(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York."

Revitalization of Aviation and Aeronautics

Pub. L. 108–176, §4, Dec. 12, 2003, 117 Stat. 2493, provided that: "Congress finds the following:

"(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more efficiently and more safely.

"(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United States and the quality of life of its citizens.

"(3) The total impact of civil aviation on the United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national product and 11,000,000 jobs in the national workforce. Civil aviation products and services generate a significant surplus for United States trade accounts, and amount to significant numbers of the Nation's highly skilled, technologically qualified work force.

"(4) Aerospace technologies, products, and services underpin the advanced capabilities of our men and women in uniform and those charged with homeland security.

"(5) Future growth in civil aviation increasingly will be constrained by concerns related to aviation system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.

"(6) Revitalization and coordination of the United States efforts to maintain its leadership in aviation and aeronautics are critical and must begin now.

"(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States and found that—

"(A) aerospace will be at the core of the Nation's leadership and strength throughout the 21st century;

"(B) aerospace will play an integral role in the Nation's economy, security, and mobility; and

"(C) global leadership in aerospace is a national imperative.

"(8) Despite the downturn in the global economy, projections of the Federal Aviation Administration indicate that upwards of 1,000,000,000 people will fly annually by 2013. Efforts must begin now to prepare for future growth in the number of airline passengers.

"(9) The United States must increase its investment in research and development to revitalize the aviation and aerospace industries, to create jobs, and to provide educational assistance and training to prepare workers in those industries for the future."

Report on Long-Term Environmental Improvements

Pub. L. 108–176, title III, §321, Dec. 12, 2003, 117 Stat. 2540, provided that:

"(a) In General.—The Secretary of Transportation, in consultation with the Administrator of the National Aeronautics and Space Administration, shall conduct a study of ways to reduce aircraft noise and emissions and to increase aircraft fuel efficiency. The study shall—

"(1) explore new operational procedures for aircraft to achieve those goals;

"(2) identify both near-term and long-term options to achieve those goals;

"(3) identify infrastructure changes that would contribute to attainment of those goals;

"(4) identify emerging technologies that might contribute to attainment of those goals;

"(5) develop a research plan for application of such emerging technologies, including new combustor and engine design concepts and methodologies for designing high bypass ratio turbofan engines so as to minimize the effects on climate change per unit of production of thrust and flight speed; and

"(6) develop an implementation plan for exploiting such emerging technologies to attain those goals.

"(b) Report.—The Secretary shall transmit a report on the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 1 year after the date of enactment of this Act [Dec. 12, 2003].

"(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary $500,000 for fiscal year 2004 to carry out this section."

Reduction of Noise and Emissions From Civilian Aircraft

Pub. L. 108–176, title III, §326, Dec. 12, 2003, 117 Stat. 2542, provided that:

"(a) Establishment of Research Program.—From amounts made available under section 48102(a) of title 49, United States Code, the Secretary of Transportation shall establish a research program related to reducing community exposure to civilian aircraft noise or emissions through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies. The program shall include participation by educational and research institutions that have existing facilities for developing and testing noise reduction engine technology.

"(b) Designation of Institute as a Center of Excellence.—The Administrator of the Federal Aviation Administration shall designate an institution described in subsection (a) as a Center of Excellence for Noise and Emission Research."

Air Transportation System Joint Planning and Development Office

Pub. L. 108–176, title VII, §709, Dec. 12, 2003, 117 Stat. 2582, as amended by Pub. L. 112–95, title II, §208(a)–(c), Feb. 14, 2012, 126 Stat. 40–43; Pub. L. 115–254, div. B, title V, §545(b)(1), Oct. 5, 2018, 132 Stat. 3376, provided that:

"(a) Establishment.—(1) The Secretary of Transportation shall establish in the Federal Aviation Administration a joint planning and development office to manage work related to the Next Generation Air Transportation System. The office shall be known as the Next Generation Air Transportation System Joint Planning and Development Office (in this section referred to as the 'Office').

"(2) The head of the Office shall be the Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination, who shall be appointed by the Administrator of the Federal Aviation Administration, with the approval of the Secretary. The Administrator shall appoint the Associate Administrator after consulting with the Chairman of the Next Generation Senior Policy Committee and providing advanced notice to the other members of that Committee.

"(3) The responsibilities of the Office shall include—

"(A) creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b);

"(B) overseeing research and development on that system;

"(C) creating a transition plan for the implementation of that system;

"(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research;

"(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms;

"(F) coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system;

"(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector;

"(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense;

"(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System planning and development activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the extent practicable in establishing the environmental goals;

"(J) working to ensure global interoperability of the Next Generation Air Transportation System;

"(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;

"(L) overseeing, with the Administrator and in consultation with the Chief Technology Officer, the selection of products or outcomes of research and development activities that should be moved to a demonstration phase; and

"(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation System enterprise architecture requirements.

"(4)(A) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies.

"(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for—

"(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);

"(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; and

"(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System.

"(C) The head of a Federal agency referred to in subparagraph (B) shall—

"(i) ensure that the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B);

"(ii) ensure that the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official's annual performance evaluations and compensation;

"(iii) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and

"(iv) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency's Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b).

"(D) Not later than 6 months after the date of enactment of this subparagraph [Feb. 14, 2012], the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.

"(5) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.

"(6)(A) The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.

"(B) The Director of the Office of Management and Budget, to the extent practicable, shall—

"(i) ensure that—

"(I) each Federal agency covered by the plan has sufficient funds requested in the President's budget, as submitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; and

"(II) the development and implementation of the Next Generation Air Transportation System remains on schedule;

"(ii) include, in the President's budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System; and

"(iii) identify and justify as part of the President's budget submission any inconsistencies between the plan and amounts requested in the budget.

"(7) The Associate Administrator for Next Generation Air Transportation System Planning, Development, and Interagency Coordination shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.

"(b) Integrated Plan.—The integrated plan shall be designed to ensure that the Next Generation Air Transportation System meets anticipated future air transportation safety, security, mobility, efficiency, and capacity needs and accomplishes the goals under subsection (c). The integrated plan shall include—

"(1) a national vision statement for an air transportation system capable of meeting potential air traffic demand by 2025;

"(2) a description of the demand and the performance characteristics that will be required of the Nation's future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies the system is designed to further, and the underlying socioeconomic determinants, and associated models and analyses;

"(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined under clause (ii) [(2)], including—

"(A) the most significant technical obstacles and the research and development activities necessary to overcome them, including for each project, the role of each Federal agency, corporations, and universities;

"(B) the annual anticipated cost of carrying out the research and development activities; and

"(C) the technical milestones that will be used to evaluate the activities;

"(4) a description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system to meet the vision for 2025; and

"(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes—

"(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;

"(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;

"(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System's end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;

"(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity's responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase;

"(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan;

"(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system;

"(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and

"(H) a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System.

"(c) Goals.—The Next Generation Air Transportation System shall—

"(1) improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services;

"(2) take advantage of data from emerging ground-based and space-based communications, navigation, and surveillance technologies;

"(3) integrate data streams from multiple agencies and sources to enable situational awareness and seamless global operations for all appropriate users of the system, including users responsible for civil aviation, homeland security, and national security;

"(4) leverage investments in civil aviation, homeland security, and national security and build upon current air traffic management and infrastructure initiatives to meet system performance requirements for all system users;

"(5) be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances;

"(6) accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and

"(7) take into consideration, to the greatest extent practicable, design of airport approach and departure flight paths to reduce exposure of noise and emissions pollution on affected residents.

"(d) NextGen Implementation Plan.—The Administrator shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.

"(e) Authorization of Appropriations.—There are authorized to be appropriated to the Office $50,000,000 for each of the fiscal years 2004 through 2010."

Next Generation Air Transportation Senior Policy Committee

Pub. L. 108–176, title VII, §710, Dec. 12, 2003, 117 Stat. 2584, as amended by Pub. L. 112–95, title II, §209, Feb. 14, 2012, 126 Stat. 43, which established a senior policy committee to work with the Next Generation Air Transportation System Joint Planning and Development Office, was repealed by Pub. L. 118–63, title II, §218(i), May 16, 2024, 138 Stat. 1056. The Committee was to terminate on the date of initial appointment of the members of the advisory committee established under section 439 of Pub. L. 115–254, see section 439(h) of Pub. L. 115–254, set out as a note under section 41705 of this title.

Reimbursement for Losses Incurred by General Aviation Entities

Pub. L. 108–176, title VIII, §817, Dec. 12, 2003, 117 Stat. 2592, provided that:

"(a) In General.—The Secretary of Transportation may make grants to reimburse the following general aviation entities for the security costs incurred and revenue foregone as a result of the restrictions imposed by the Federal Government following the terrorist attacks on the United States that occurred on September 11, 2001:

"(1) General aviation entities that operate at Ronald Reagan Washington National Airport.

"(2) Airports that are located within 15 miles of Ronald Reagan Washington National Airport and were operating under security restrictions on the date of enactment of this Act [Dec. 12, 2003] and general aviation entities operating at those airports.

"(3) General aviation entities affected by implementation of section 44939 of title 49, United States Code.

"(4) General aviation entities that were affected by Federal Aviation Administration Notices to Airmen FDC 2/1099 and 3/1862 or section 352 of the Department of Transportation and Related Agencies Appropriations Act, 2003 (Public Law 108–7, division I) [117 Stat. 420], or both.

"(5) Sightseeing operations that were not authorized to resume in enhanced class B air space under Federal Aviation Administration notice to airmen 1/1225.

"(b) Documentation.—Reimbursement under this section shall be made in accordance with sworn financial statements or other appropriate data submitted by each general aviation entity demonstrating the costs incurred and revenue foregone to the satisfaction of the Secretary.

"(c) General Aviation Entity Defined.—In this section, the term 'general aviation entity' means any person (other than a scheduled air carrier or foreign air carrier, as such terms are defined in section 40102 of title 49, United States Code) that—

"(1) operates nonmilitary aircraft under part 91 of title 14, Code of Federal Regulations, for the purpose of conducting its primary business;

"(2) manufactures nonmilitary aircraft with a maximum seating capacity of fewer than 20 passengers or aircraft parts to be used in such aircraft;

"(3) provides services necessary for nonmilitary operations under such part 91; or

"(4) operates an airport, other than a primary airport (as such terms are defined in such section 40102), that—

"(A) is listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of such title; or

"(B) is normally open to the public, is located within the confines of enhanced class B airspace (as defined by the Federal Aviation Administration in Notice to Airmen FDC 1/0618), and was closed as a result of an order issued by the Federal Aviation Administration in the period beginning September 11, 2001, and ending January 1, 2002, and remained closed as a result of that order on January 1, 2002.

Such term includes fixed based operators, flight schools, manufacturers of general aviation aircraft and products, persons engaged in nonscheduled aviation enterprises, and general aviation independent contractors.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $100,000,000. Such sums shall remain available until expended."

GAO Report on Airlines' Actions To Improve Finances and on Executive Compensation

Pub. L. 108–176, title VIII, §826, Dec. 12, 2003, 117 Stat. 2596, provided that:

"(a) Finding.—Congress finds that the United States Government has by law provided substantial financial assistance to United States commercial airlines in the form of war risk insurance and reinsurance and other economic benefits and has imposed substantial economic and regulatory burdens on those airlines. In order to determine the economic viability of the domestic commercial airline industry and to evaluate the need for additional measures or the modification of existing laws, Congress needs more frequent information and independently verified information about the financial condition of these airlines.

"(b) GAO Report.—Not later than one year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall prepare a report for Congress analyzing the financial condition of the United States airline industry in its efforts to reduce the costs, improve the earnings and profits and balances of each individual air carrier. The report shall recommend steps that the industry should take to become financially self-sufficient.

"(c) GAO Authority.—In order to compile the report required by subsection (b), the Comptroller General, or any of the Comptroller General's duly authorized representatives, shall have access for the purpose of audit and examination to any books, accounts, documents, papers, and records of such air carriers that relate to the information required to compile the report. The Comptroller General shall submit with the report a certification as to whether the Comptroller General has had access to sufficient information to make informed judgments on the matters covered by the report.

"(d) Reports to Congress.—The Comptroller General shall transmit the report required by subsection (b) to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure."

Mail and Freight Waivers

Pub. L. 107–71, title I, §127, Nov. 19, 2001, 115 Stat. 632, provided that:

"(a) In General.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board, may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or other Federal agency or department) that would permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within a State if the Secretary determines that—

"(1) extraordinary air transportation needs or concerns exist; and

"(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State.

"(b) Limitations.—The Secretary may impose reasonable limitations on any such waiver."

Air Carriers Required To Honor Tickets for Suspended Service

Pub. L. 107–71, title I, §145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, §372, Feb. 20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, §428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, §8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I, §178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30, 2006.

Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation Fund

Pub. L. 107–56, title VI, §622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: "With respect to any compensation payable under title IV of Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) [now 34 U.S.C. 20102] shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.]."

Air Transportation Safety and System Stabilization

Pub. L. 112–10, div. B, title III, §1347, Apr. 15, 2011, 125 Stat. 124, as amended by Pub. L. 114–113, div. O, title IV, §402(h), Dec. 18, 2015, 129 Stat. 3007, provided that: "Notwithstanding any other provision of law, in fiscal year 2012 and thereafter payments for costs described in subsection (a) of section 404 of Public Law 107–42, as amended [set out below], shall be considered to be, and included in, payments for compensation for the purposes of sections 406(b) and (d)(1) and (2) of such Act. Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act."

Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107–71, title I, §124(a), (c), (d), title II, §201, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I, §114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title VIII, §890, title XII, §1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286; Pub. L. 110–113, §3, Nov. 8, 2007, 121 Stat. 1039; Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974; Pub. L. 111–347, title II, Jan. 2, 2011, 124 Stat. 3659; Pub. L. 114–113, div. O, title IV, §402(a)–(g), Dec. 18, 2015, 129 Stat. 3000–3006; Pub. L. 115–123, div. C, title II, §30203(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 116–34, §§2, 3, July 29, 2019, 133 Stat. 1040, 1042, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Air Transportation Safety and System Stabilization Act'.

"TITLE I—AIRLINE STABILIZATION

"SEC. 101. AVIATION DISASTER RELIEF.

"(a) In General.—Notwithstanding any other provision of law, the President shall take the following actions to compensate air carriers for losses incurred by the air carriers as a result of the terrorist attacks on the United States that occurred on September 11, 2001:

"[(1) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]

"(2) Compensate air carriers in an aggregate amount equal to $5,000,000,000 for—

"(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of Transportation or any subsequent order which continues or renews such a stoppage; and

"(B) the incremental losses incurred beginning September 11, 2001, and ending December 31, 2001, by air carriers as a direct result of such attacks.

"(b) Emergency Designation.—Congress designates the amount of new budget authority and outlays in all fiscal years resulting from this title as an emergency requirement pursuant to section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such amount shall be available only to the extent that a request, that includes designation of such amount as an emergency requirement as defined in such Act [see Short Title note set out under section 900 of Title 2, The Congress], is transmitted by the President to Congress.

"[SEC. 102. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]

"SEC. 103. SPECIAL RULES FOR COMPENSATION.

"(a) Documentation.—Subject to subsection (b), the amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the amount of losses described in section 101(a)(2) that the air carrier demonstrates to the satisfaction of the President, using sworn financial statements or other appropriate data, that the air carrier incurred. The Secretary of Transportation and the Comptroller General of the United States may audit such statements and may request any information that the Secretary and the Comptroller General deems necessary to conduct such audit.

"(b) Maximum Amount of Compensation Payable Per Air Carrier.—The maximum total amount of compensation payable to an air carrier under section 101(a)(2) may not exceed the lesser of—

"(1) the amount of such air carrier's direct and incremental losses described in section 101(a)(2); or

"(2) in the case of—

"(A) flights involving passenger-only or combined passenger and cargo transportation, the product of—

"(i) $4,500,000,000; and

"(ii) the ratio of—

     "(I) the available seat miles of the air carrier for the month of August 2001 as reported to the Secretary; to

     "(II) the total available seat miles of all such air carriers for such month as reported to the Secretary; and

"(B) flights involving cargo-only transportation, the product of—

"(i) $500,000,000; and

"(ii) the ratio of—

     "(I) the revenue ton miles or other auditable measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to

     "(II) the total revenue ton miles or other auditable measure of all such air carriers for cargo for such quarter as reported to the Secretary.

"(c) Payments.—The President may provide compensation to air carriers under section 101(a)(2) in 1 or more payments up to the amount authorized by this title.

"(d) Compensation for Certain Air Carriers.—

"(1) Set-aside.—The President may set aside a portion of the amount of compensation payable to air carriers under section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a distribution formula containing available seat miles as a factor would inadequately reflect their share of direct and incremental losses. The President shall reduce the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the amount set aside under this subsection.

"(2) Distribution of amounts.—The President shall distribute the amount set aside under this subsection proportionally among such air carriers based on an appropriate auditable measure, as determined by the President.

"[SEC. 104. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]

"SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.

"(a) Action of Secretary.—The Secretary of Transportation should take appropriate action to ensure that all communities that had scheduled air service before September 11, 2001, continue to receive adequate air transportation service and that essential air service to small communities continues without interruption.

"(b) Essential Air Service.—There is authorized to be appropriated to the Secretary to carry out the essential air service program under subchapter II of chapter 417 of title 49, United States Code, $120,000,000 for fiscal year 2002.

"(c) Secretarial Oversight.—

"(1) In general.—Notwithstanding any other provision of law, the Secretary is authorized to require an air carrier receiving direct financial assistance under this Act to maintain scheduled air service to any point served by that carrier before September 11, 2001.

"(2) Agreements.—In applying paragraph (1), the Secretary may require air carriers receiving direct financial assistance under this Act to enter into agreements which will ensure, to the maximum extent practicable, that all communities that had scheduled air service before September 11, 2001, continue to receive adequate air transportation service.

"SEC. 106. REPORTS.

"(a) Report.—Not later than February 1, 2002, the President shall transmit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on the Budget of the Senate a report on the financial status of the air carrier industry and the amounts of assistance provided under this title to each air carrier.

"(b) Update.—Not later than the last day of the 7-month period following the date of enactment of this Act [Sept. 22, 2001], the President shall update and transmit the report to the Committees.

"SEC. 107. DEFINITIONS.

"In this title, the following definitions apply:

"(1) Air carrier.—The term 'air carrier' has the meaning such term has under section 40102 of title 49, United States Code.

"[(2) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]

"(3) Incremental loss.—The term 'incremental loss' does not include any loss that the President determines would have been incurred if the terrorist attacks on the United States that occurred on September 11, 2001, had not occurred.

"TITLE II—AVIATION INSURANCE

"SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.

"(a) In General.—[Amended section 44302 of this title.]

"(b) Coverage.—

"(1) In general.—[Amended section 44303 of this title.]

"(2) [Transferred to section 44303(b) of this title.]

"(c) Reinsurance.—[Amended section 44304 of this title.]

"(d) Premiums.—[Amended section 44306 of this title.]

"(e) Conforming Amendment.—[Amended section 44305(b) of this title.]

"SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND SUBCONTRACTORS OF AIR CARRIERS.

"Notwithstanding any other provision of this title, the Secretary may extend any provision of chapter 443 of title 49, United States Code, as amended by this title, and the provisions of this title, to vendors, agents, and subcontractors of air carriers. For the 180-day period beginning on the date of enactment of this Act [Sept. 22, 2001], the Secretary may extend or amend any such provisions so as to ensure that the entities referred to in the preceding sentence are not responsible in cases of acts of terrorism for losses suffered by third parties that exceed the amount of such entities' liability coverage, as determined by the Secretary.

"TITLE III—TAX PROVISIONS

"SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION.

"(a) Extension of Due Date for Excise Tax Deposits.—

"(1) In general.—In the case of an eligible air carrier, any airline-related deposit required under section 6302 of the Internal Revenue Code of 1986 [26 U.S.C. 6302] to be made after September 10, 2001, and before November 15, 2001, shall be treated for purposes of such Code [26 U.S.C. 1 et seq.] as timely made if such deposit is made on or before November 15, 2001. If the Secretary of the Treasury so prescribes, the preceding sentence shall be applied by substituting for 'November 15, 2001' each place it appears—

"(A) 'January 15, 2002'; or

"(B) such earlier date after November 15, 2001, as such Secretary may prescribe.

"(2) Eligible air carrier.—For purposes of this subsection, the term 'eligible air carrier' means any domestic corporation engaged in the trade or business of transporting (for hire) persons by air if such transportation is available to the general public.

"(3) Airline-related deposit.—For purposes of this subsection, the term 'airline-related deposit' means any deposit of taxes imposed by subchapter C of chapter 33 of such Code [26 U.S.C. 4261 et seq.] (relating to transportation by air).

"(b) Treatment of Loss Compensation.—Nothing in any provision of law shall be construed to exclude from gross income under the Internal Revenue Code of 1986 any compensation received under section 101(a)(2) of this Act.

"TITLE IV—VICTIM COMPENSATION

"SEC. 401. SHORT TITLE.

"This title may be cited as the 'September 11th Victim Compensation Fund of 2001'.

"SEC. 402. DEFINITIONS.

"In this title, the following definitions apply:

"(1) Air carrier.—The term 'air carrier' means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation and includes employees and agents (including persons engaged in the business of providing air transportation security and their affiliates) of such citizen. For purposes of the preceding sentence, the term 'agent', as applied to persons engaged in the business of providing air transportation security, shall only include persons that have contracted directly with the Federal Aviation Administration on or after and commenced services no later than February 17, 2002, to provide such security, and had not been or are not debarred for any period within 6 months from that date.

"(2) Air transportation.—The term 'air transportation' means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.

"(3) Aircraft manufacturer.—The term 'aircraft manufacturer' means any entity that manufactured the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes of September 11, 2001, including employees and agents of that entity.

"(4) Airport sponsor.—The term 'airport sponsor' means the owner or operator of an airport (as defined in section 40102 of title 49, United States Code).

"(5) Claimant.—The term 'claimant' means an individual filing a claim for compensation under section 405(a)(1).

"(6) Collateral source.—The term 'collateral source' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001, or debris removal, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act [probably means section 3301 of the Public Health Service Act, 42 U.S.C. 300mm], and payments made pursuant to the settlement of a civil action described in section 405(c)(3)(C)(iii).

"(7) Contractor and subcontractor.—The term 'contractor and subcontractor' means any contractor or subcontractor (at any tier of a subcontracting relationship), including any general contractor, construction manager, prime contractor, consultant, or any parent, subsidiary, associated or allied company, affiliated company, corporation, firm, organization, or joint venture thereof that participated in debris removal at any 9/11 crash site. Such term shall not include any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect.

"(8) Debris removal.—The term 'debris removal' means rescue and recovery efforts, removal of debris, cleanup, remediation, and response during the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001, with respect to a 9/11 crash site.

"(9) Economic loss.—The term 'economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, replacement services loss, loss due to death, burial costs, loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss) to the extent recovery for such loss is allowed under applicable State law.

"(10) Eligible individual.—The term 'eligible individual' means an individual determined to be eligible for compensation under section 405(c).

"(11) Immediate aftermath.—The term 'immediate aftermath' means any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002.

"(12) Noneconomic losses.—The term 'noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.

"(13) Special master.—The term 'Special Master' means the Special Master appointed under section 404(a).

"(14) WTC program administrator.—The term 'WTC Program Administrator' has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm–5).

"(15) WTC-related physical health condition.—The term 'WTC-related physical health condition'—

"(A) means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)), including the conditions listed in section 3322(b) of such Act (42 U.S.C. 300mm–32(b)); and

"(B) does not include—

"(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42 U.S.C. 300mm–22(a));

"(ii) any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm–22(b)(2)(B)(iii)) (including such certification as applied under section 3322(a) of such Act (42 U.S.C. 300mm–32(a));

"(iii) a mental health condition described in section 3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or

"(iv) any other mental health condition.

"(16) 9/11 crash site.—The term '9/11 crash site' means—

"(A) the World Trade Center site, Pentagon site, and Shanksville, Pennsylvania site;

"(B) the buildings or portions of buildings that were destroyed as a result of the terrorist-related aircraft crashes of September 11, 2001;

"(C) the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River;

"(D) any area related to, or along, routes of debris removal, such as barges and Fresh Kills.

"SEC. 403. PURPOSE.

"It is the purpose of this title to provide full compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001, or the rescue and recovery efforts during the immediate aftermath of such crashes.

"SEC. 404. ADMINISTRATION.

"(a) In General.—The Attorney General, acting through a Special Master appointed by the Attorney General, shall—

"(1) administer the compensation program established under this title;

"(2) promulgate all procedural and substantive rules for the administration of this title; and

"(3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title.

"(b) Appointment of Special Master and Deputy Special Masters.—The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters.

"(c) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this title.

"SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

"(a) Filing of Claim.—

"(1) In general.—A claimant may file a claim for compensation under this title with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought.

"(2) Claim form.—

"(A) In general.—The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable.

"(B) Contents.—The form developed under subparagraph (A) shall request—

"(i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the terrorist-related aircraft crashes of September 11, 2001, or debris removal during the immediate aftermath;

"(ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes or debris removal during the immediate aftermath; and

"(iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes or debris removal during the immediate aftermath.

"(3) Limitation.—

"(A) In general.—Except as provided by subparagraph (B), no claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 407(a).

"(B) Exception.—A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on October 1, 2090.

"(C) Special master determination.—

"(i) In general.—For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is—

     "(I) a claim in Group A, as described in clause (ii); or

     "(II) a claim in Group B, as described in clause (iii).

"(ii) Group a claims.—A claim under this title is a claim in Group A if—

     "(I) the claim is filed under this title during the period described in subparagraph (B); and

     "(II) on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim.

"(iii) Group b claims.—A claim under this title is a claim in Group B if the claim—

     "(I) is filed under this title during the period described in subparagraph (B); and

     "(II) is not a claim described in clause (ii).

"(iv) Definition of final award determination.—For purposes of this subparagraph, the term 'final award determination' means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.

"(b) Review and Determination.—

"(1) Review.—The Special Master shall review a claim submitted under subsection (a) and determine—

"(A) whether the claimant is an eligible individual under subsection (c);

"(B) with respect to a claimant determined to be an eligible individual—

"(i) the extent of the harm to the claimant, including any economic and noneconomic losses; and

"(ii) subject to paragraph (7), the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.

"(2) Negligence.—With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability.

"(3) Determination.—Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review.

"(4) Rights of claimant.—A claimant in a review under paragraph (1) shall have—

"(A) the right to be represented by an attorney;

"(B) the right to present evidence, including the presentation of witnesses and documents; and

"(C) any other due process rights determined appropriate by the Special Master.

"(5) No punitive damages.—The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title.

"(6) Collateral compensation.—

"(A) In general.—The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001.

"(B) Group b claims.—Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001.

"(7) Limitations for group b claims.—

"(A) Noneconomic losses.—

"(i) In general.—Except as provided in clause (ii), with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss—

     "(I) that results from any type of cancer shall not exceed $250,000; and

     "(II) that does not result from any type of cancer shall not exceed $90,000.

"(ii) Exception.—The Special Master may exceed the applicable limitation in clause (i) for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents special circumstances.

"(B) Determination of economic loss.—

"(i) In general.—Subject to the limitation described in clause (ii) and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015].

"(ii) Annual gross income limitation.—In considering annual gross income under clause (i) for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than the annual gross income limitation. The annual gross income limitation in effect on the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act [July 29, 2018] is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation.

"(C) Gross income defined.—For purposes of this paragraph, the term 'gross income' has the meaning given such term in section 61 of the Internal Revenue Code of 1986 [26 U.S.C. 61].

"(c) Eligibility.—

"(1) In general.—A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant—

"(A) is an individual described in paragraph (2); and

"(B) meets the requirements of paragraph (3).

"(2) Individuals.—A claimant is an individual described in this paragraph if the claimant is—

"(A) an individual who—

"(i) was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), the site of the aircraft crash at Shanksville, Pennsylvania, or any other 9/11 crash site at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and

"(ii) suffered physical harm or death as a result of such an air crash or debris removal;

"(B) an individual who was a member of the flight crew or a passenger on American Airlines flight 11 or 77 or United Airlines flight 93 or 175, except that an individual identified by the Attorney General to have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001, or a representative of such individual shall not be eligible to receive compensation under this title; or

"(C) in the case of a decedent who is an individual described in subparagraph (A) or (B), the personal representative of the decedent who files a claim on behalf of the decedent.

"(3) Requirements.—

"(A) Requirements for filing claims during extended filing period.—

"(i) Timing requirements for filing claims.—An individual (or a personal representative on behalf of a deceased individual) may file a claim during the period described in subsection (a)(3)(B) as follows:

     "(I) In the case that the Special Master determines the individual knew (or reasonably should have known) before the date specified in clause (iii) that the individual suffered a physical harm at a 9/11 crash site as a result of the terrorist-related aircraft crashes of September 11, 2001, or as a result of debris removal, and that the individual knew (or should have known) before such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the date that is 2 years after such specified date.

     "(II) In the case that the Special Master determines the individual first knew (or reasonably should have known) on or after the date specified in clause (iii) that the individual suffered such a physical harm or that the individual first knew (or should have known) on or after such specified date that the individual was eligible to file a claim under this title, the individual may file a claim not later than the last day of the 2-year period beginning on the date the Special Master determines the individual first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title.

"(ii) Other eligibility requirements for filing claims.—Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual may file a claim during the period described in subsection (a)(3)(B) only if—

     "(I) the individual was treated by a medical professional for suffering from a physical harm described in clause (i)(I) within a reasonable time from the date of discovering such harm; and

     "(II) the individual's physical harm is verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care.

"(iii) Date specified.—The date specified in this clause is the date on which the regulations are updated under section 407(b)(1).

"(iv) Group b claims.—

     "(I) In general.—Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act.

     "(II) Personal representatives.—An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act.

"(B) Single claim.—Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual.

"(C) Limitation on civil action.—

"(i) In general.—Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, or for damages arising from or related to debris removal. The preceding sentence does not apply to a civil action to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act.

"(ii) Pending actions.—In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title—

     "(I) during the period described in subsection (a)(3)(A) unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 407(a); and

     "(II) during the period described in subsection (a)(3)(B) unless such individual withdraws from such action by the date that is 90 days after the date on which the regulations are updated under section 407(b)(1).

"(iii) Settled actions.—In the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 [Pub. L. 111–347] was enacted [Jan. 2, 2011].

"SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.

"(a) In General.—Subject to the limitations under subsection (d), not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this title, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.

"(b) Payment Authority.—For the purpose of providing compensation for claims in Group A as described in section 405(a)(3)(C)(ii), this title constitutes budget authority in advance of appropriations Acts in the amounts provided under subsection (d)(1) and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this title subject to the limitations under subsection (d).

"(c) Additional Funding.—

"(1) In general.—The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this title, under such terms and conditions as the Attorney General may impose.

"(2) Use of separate account.—In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts.

"(d) Limitations.—

"(1) Group a claims.—

"(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group A as described in section 405(a)(3)(C)(ii), shall not exceed $2,775,000,000.

"(B) Remainder of claim amounts.—In the case of a claim in Group A as described in section 405(a)(3)(C)(ii) and for which the Special Master has ratably reduced the amount of compensation for such claim pursuant to paragraph (2) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015], the Special Master shall, as soon as practicable after the date of enactment of such Act, authorize payment of the amount of compensation that is equal to the difference between—

"(i) the amount of compensation that the claimant would have been paid under this title for such claim without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and

"(ii) the amount of compensation the claimant was paid under this title for such claim prior to the date of enactment of such Act.

"(2) Group b claims.—

"(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group B as described in section 405(a)(3)(C)(iii), shall not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.

"(B) Payment system.—The Special Master shall establish a system for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii) in accordance with this subsection and section 405(b)(7).

"(C) Development of agency policies and procedures.—

"(i) Development.—

     "(I) In general.—Not later than 30 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall develop agency policies and procedures that meet the requirements under subclauses (II) and (III) for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii), including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda.

     "(II) Limitation.—The policies and procedures developed under subclause (I) shall ensure that total expenditures, including administrative expenses, in providing compensation for claims in Group B, as described in section 405(a)(3)(C)(iii), do not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.

     "(III) Prioritization.—The policies and procedures developed under subclause (I) shall prioritize claims for claimants who are determined by the Special Master as suffering from the most debilitating physical conditions to ensure, for purposes of equity, that such claimants are not unduly burdened by such policies or procedures.

"(ii) Reassessment.—Beginning 1 year after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, and each year thereafter until the Victims Compensation Fund is permanently closed under section 410(e), the Special Master shall conduct a reassessment of the agency policies and procedures developed under clause (i) to ensure that such policies and procedures continue to satisfy the requirements under subclauses (II) and (III) of such clause. If the Special Master determines, upon reassessment, that such agency policies or procedures do not achieve the requirements of such subclauses, the Special Master shall take additional actions or make such modifications as necessary to achieve such requirements.

"(D) Compensation reduced by special master due to insufficient funding.—

"(i) In general.—In any claim in Group B as described in section 405(a)(3)(C)(iii) in which, prior to the enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act [July 29, 2019], the Special Master had advised the claimant that the amount of compensation has been reduced on the basis of insufficient funding, the Special Master shall, in the first fiscal year beginning after sufficient funding becomes available under such Act [amending this note], pay to the claimant an amount that is, as determined by the Special Master, equal to the difference between—

     "(I) the amount the claimant would have been paid under this title if sufficient funding was available to the Special Master at the time the Special Master determined the amount due the claimant under this title; and

     "(II) the amount the claimant was paid under this title.

"(ii) Definitions.—For purposes of this subparagraph:

     "(I) Insufficient funding.—The term 'insufficient funding' means funding—

"(aa) that is available to the Special Master under section 410(c) on the day before the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii); and

"(bb) that the Special Master determines is insufficient for purposes of compensating all such claims and complying with subparagraph (A).

     "(II) Sufficient funding.—The term 'sufficient funding' means funding—

"(aa) made available to the Special Master for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii) through an Act of Congress that is enacted after the date on which the amount of the claim described in clause (i) has been reduced; and

"(bb) that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.

"(e) Attorney Fees.—

"(1) In general.—Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, more than 10 percent of an award made under this title on such claim.

"(2) Limitation.—

"(A) In general.—Except as provided in subparagraph (B), in the case of an individual who was charged a legal fee in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii), the representative of the individual may not charge any amount for compensation for services rendered in connection with a claim filed under this title.

"(B) Exception.—If the legal fee charged in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of an individual is less than 10 percent of the aggregate amount of compensation awarded to such individual through such settlement, the representative of such individual may charge an amount for compensation for services rendered to the extent that such amount charged is not more than—

"(i) 10 percent of such aggregate amount through the settlement, minus

"(ii) the total amount of all legal fees charged for services rendered in connection with such settlement.

"(3) Discretion to lower fee.—In the event that the special master [probably should be capitalized] finds that the fee limit set by paragraph (1) or (2) provides excessive compensation for services rendered in connection with such claim, the Special Master may, in the discretion of the Special Master, award as reasonable compensation for services rendered an amount lesser than that permitted for in paragraph (1).

"SEC. 407. REGULATIONS.

"(a) In General.—Not later than 90 days after the date of enactment of this Act [Sept. 22, 2001], the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this title, including regulations with respect to—

"(1) forms to be used in submitting claims under this title;

"(2) the information to be included in such forms;

"(3) procedures for hearing and the presentation of evidence;

"(4) procedures to assist an individual in filing and pursuing claims under this title; and

"(5) other matters determined appropriate by the Attorney General.

"(b) Updated Regulations.—

"(1) James zadroga 9/11 health and compensation act of 2010.—Not later than 180 days after the date of the enactment of the James Zadroga 9/11 Health and Compensation Act of 2010 [Jan. 2, 2011], the Special Master shall update the regulations promulgated under subsection (a) to the extent necessary to comply with the provisions of title II of such Act [title II of Pub. L. 111–347, amending this note].

"(2) James zadroga 9/11 victim compensation fund reauthorization act.—Not later than 180 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act [Dec. 18, 2015], the Special Master shall update the regulations promulgated under subsection (a), and updated under paragraph (1), to the extent necessary to comply with the amendments made by such Act [amending section 905 of Title 2, The Congress, and amending this note and section 1347 of div. B of Pub. L. 112–10, set out as a note above].

"SEC. 408. LIMITATION ON LIABILITY.

"(a) In General.—

"(1) Liability limited to insurance coverage.—Notwithstanding any other provision of law, liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person.

"(2) Willful defaults on rebuilding obligation.—Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice and an opportunity for a hearing on the record, that the person has defaulted willfully on a contractual obligation to rebuild, or assist in the rebuilding of, the World Trade Center.

"(3) Limitations on liability for New York City.—Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft crashes of September 11, 2001, against the City of New York shall not exceed the greater of the city's insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this Act, submits a claim under section 405, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, including any such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations.

"(4) Liability for certain claims.—Notwithstanding any other provision of law, liability for all claims and actions (including claims or actions that have been previously resolved, that are currently pending, and that may be filed) for compensatory damages, contribution or indemnity, or any other form or type of relief, arising from or related to debris removal, against the City of New York, any entity (including the Port Authority of New York and New Jersey) with a property interest in the World Trade Center on September 11, 2001 (whether fee simple, leasehold or easement, or direct or indirect) and any contractors and subcontractors, shall not be in an amount that exceeds the sum of the following, as may be applicable:

"(A) The amount of funds of the WTC Captive Insurance Company, including the cumulative interest.

"(B) The amount of all available insurance identified in schedule 2 of the WTC Captive Insurance Company insurance policy.

"(C) As it relates to the limitation of liability of the City of New York, the amount that is the greater of the City of New York's insurance coverage or $350,000,000. In determining the amount of the City's insurance coverage for purposes of the previous sentence, any amount described in subparagraphs (A) and (B) shall not be included.

"(D) As it relates to the limitation of liability of any entity, including the Port Authority of New York and New Jersey, with a property interest in the World Trade Center on September 11, 2001 (whether fee simple, leasehold or easement, or direct or indirect), the amount of all available liability insurance coverage maintained by any such entity.

"(E) As it relates to the limitation of liability of any individual contractor or subcontractor, the amount of all available liability insurance coverage maintained by such contractor or subcontractor on September 11, 2001.

"(5) Priority of claims payments.—Payments to plaintiffs who obtain a settlement or judgment with respect to a claim or action to which paragraph (4) applies, shall be paid solely from the following funds in the following order, as may be applicable:

"(A) The funds described in subparagraph (A) or (B) of paragraph (4).

"(B) If there are no funds available as described in subparagraph (A) or (B) of paragraph (4), the funds described in subparagraph (C) of such paragraph.

"(C) If there are no funds available as described in subparagraph (A), (B), or (C) of paragraph (4), the funds described in subparagraph (D) of such paragraph.

"(D) If there are no funds available as described in subparagraph (A), (B), (C), or (D) of paragraph (4), the funds described in subparagraph (E) of such paragraph.

"(6) Declaratory judgment actions and direct action.—Any claimant to a claim or action to which paragraph (4) applies may, with respect to such claim or action, either file an action for a declaratory judgment for insurance coverage or bring a direct action against the insurance company involved, except that no such action for declaratory judgment or direct action may be commenced until after the funds available in subparagraph[s] (A), (B), (C), and (D) of paragraph (5) have been exhausted consistent with the order described in such paragraph for payment.

"(b) Federal Cause of Action.—

"(1) Availability of action.—There shall exist a Federal cause of action for damages arising out of the hijacking and subsequent crashes of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001. Notwithstanding section 40120(c) of title 49, United States Code, this cause of action shall be the exclusive remedy for damages arising out of the hijacking and subsequent crashes of such flights.

"(2) Substantive law.—The substantive law for decision in any such suit shall be derived from the law, including choice of law principles, of the State in which the crash occurred unless such law is inconsistent with or preempted by Federal law.

"(3) Jurisdiction.—The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over all actions brought for any claim (including any claim for loss of property, personal injury, or death) resulting from or relating to the terrorist-related aircraft crashes of September 11, 2001.

"(4) Nationwide subpoenas.—

"(A) In general.—A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any place in the United States.

"(B) Rule of construction.—Nothing in this subsection is intended to diminish the authority of a court to quash or modify a subpoena for the reasons provided in clause (i), (iii), or (iv) of subparagraph (A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure [28 U.S.C. App.].

"(c) Exclusion.—Nothing in this section shall in any way limit any liability of any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. Subsections (a) and (b) do not apply to civil actions to recover collateral source obligations.

"SEC. 409. RIGHT OF SUBROGATION.

"The United States shall have the right of subrogation with respect to any claim paid by the United States under this title, subject to the limitations described in section 408.

"SEC. 410. VICTIMS COMPENSATION FUND.

"(a) In General.—There is established in the Treasury of the United States a fund to be known as the 'Victims Compensation Fund', consisting of amounts deposited into such fund under subsection (b).

"(b) Deposits Into Fund.—There shall be deposited into the Victims Compensation Fund each of the following:

"(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 405(a)(3)(C)(ii), have received the full compensation due such claimants under this title for such claim, any amounts remaining from the total amount made available under section 406 to compensate claims in Group A as described in section 405(a)(3)(C)(ii).

"(2) The amount appropriated under subsection (c).

"(c) Appropriations.—There is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2019 and each fiscal year thereafter through fiscal year 2092, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

"(d) Availability of Funds.—Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

"(e) Termination.—On October 1, 2092, or at such time thereafter as all funds are expended, the Victims Compensation Fund shall be permanently closed.

"SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.

"(a) Temporary L-1 Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section [Dec. 18, 2015] and ending on September 30, 2027, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.

"(b) Temporary H-1b Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2027, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.

"(c) 9-11 Response and Biometric Exit Account.—

"(1) Establishment.—There is established in the general fund of the Treasury a separate account, which shall be known as the '9–11 Response and Biometric Exit Account'.

"(2) Deposits.—

"(A) In general.—Subject to subparagraph (B), of the amounts collected pursuant to the fee increases authorized under subsections (a) and (b)—

"(i) 50 percent shall be deposited in the general fund of the Treasury; and

"(ii) 50 percent shall be deposited as offsetting receipts into the 9–11 Response and Biometric Exit Account, and shall remain available until expended.

"(B) Termination of deposits in account.—After a total of $1,000,000,000 is deposited into the 9–11 Response and Biometric Exit Account under subparagraph (A)(ii), all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in the general fund of the Treasury.

"(3) Use of funds.—For fiscal year 2017, and each fiscal year thereafter, amounts in the 9–11 Response and Biometric Exit Account shall be available to the Secretary of Homeland Security without further appropriation for implementing the biometric entry and exit data system described in section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).

"TITLE V—AIR TRANSPORTATION SAFETY

"SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.

"Congress affirms the President's decision to spend $3,000,000,000 on airline safety and security in conjunction with this Act in order to restore public confidence in the airline industry.

"SEC. 502. CONGRESSIONAL COMMITMENT.

"Congress is committed to act expeditiously, in consultation with the Secretary of Transportation, to strengthen airport security and take further measures to enhance the security of air travel.

"TITLE VI—SEPARABILITY

"SEC. 601. SEPARABILITY.

"If any provision of this Act (including any amendment made by this Act [amending sections 44302 to 44306 of this title]) or the application thereof to any person or circumstance is held invalid, the remainder of this Act (including any amendment made by this Act) and the application thereof to other persons or circumstances shall not be affected thereby."

[Pub. L. 107–134, title I, §114(b), Jan. 23, 2002, 115 Stat. 2436, provided that: "The amendment made by this section [amending Pub. L. 107–42, set out above] shall take effect as if included in section 301 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42)."]

[Memorandum of President of the United States, Sept. 25, 2001, 66 F.R. 49507, delegated to the Secretary of Transportation the authority vested in the President under section 101(a)(2) of Pub. L. 107–42, set out above, to compensate air carriers for direct and incremental losses they incurred from the terrorist attacks of Sept. 11, 2001, and any resulting ground stop order.]

Independent Study of FAA Costs and Allocations

Pub. L. 106–181, title III, §309, Apr. 5, 2000, 114 Stat. 127, provided that:

"(a) Independent Assessment.—

"(1) In general.—The Inspector General of the Department of Transportation shall conduct the assessments described in this section. To conduct the assessments, the Inspector General may use the staff and resources of the Inspector General or contract with one or more independent entities.

"(2) Assessment of adequacy and accuracy of faa cost data and attributions.—

"(A) In general.—The Inspector General shall conduct an assessment to ensure that the method for calculating the overall costs of the Federal Aviation Administration and attributing such costs to specific users is appropriate, reasonable, and understandable to the users.

"(B) Components.—In conducting the assessment under this paragraph, the Inspector General shall assess the following:

"(i) The Administration's cost input data, including the reliability of the Administration's source documents and the integrity and reliability of the Administration's data collection process.

"(ii) The Administration's system for tracking assets.

"(iii) The Administration's bases for establishing asset values and depreciation rates.

"(iv) The Administration's system of internal controls for ensuring the consistency and reliability of reported data.

"(v) The Administration's definition of the services to which the Administration ultimately attributes its costs.

"(vi) The cost pools used by the Administration and the rationale for and reliability of the bases which the Administration proposes to use in allocating costs of services to users.

"(C) Requirements for assessment of cost pools.—In carrying out subparagraph (B)(vi), the Inspector General shall—

"(i) review costs that cannot reliably be attributed to specific Administration services or activities (called 'common and fixed costs' in the Administration Cost Allocation Study) and consider alternative methods for allocating such costs; and

"(ii) perform appropriate tests to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed by the Administration.

"(3) Cost effectiveness.—

"(A) In general.—The Inspector General shall assess the progress of the Administration in cost and performance management, including use of internal and external benchmarking in improving the performance and productivity of the Administration.

"(B) Annual reports.—Not later than December 31, 2000, and annually thereafter until December 31, 2004, the Inspector General shall transmit to Congress an updated report containing the results of the assessment conducted under this paragraph.

"(C) Information to be included in faa financial report.—The Administrator [of the Federal Aviation Administration] shall include in the annual financial report of the Administration information on the performance of the Administration sufficient to permit users and others to make an informed evaluation of the progress of the Administration in increasing productivity.

"(b) Funding.—There are authorized to be appropriated such sums as may be necessary to carry out this section."

Operations of Air Taxi Industry

Pub. L. 106–181, title VII, §735, Apr. 5, 2000, 114 Stat. 171, provided that:

"(a) Study.—The Administrator [of the Federal Aviation Administration], in consultation with the National Transportation Safety Board and other interested persons, shall conduct a study of air taxi operators regulated under part 135 of title 14, Code of Federal Regulations.

"(b) Contents.—The study shall include an analysis of the size and type of the aircraft fleet, relevant aircraft equipment, hours flown, utilization rates, safety record by various categories of use and aircraft type, sales revenues, and airports served by the air taxi fleet.

"(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."

Findings

Pub. L. 104–264, title II, §271, Oct. 9, 1996, 110 Stat. 3238, provided that: "Congress finds the following:

"(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.

"(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.

"(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools.

"(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.

"(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots.

"(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.

"(7) The Administration each year performs more than 355,000 inspections.

"(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics).

"(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability.

"(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards.

"(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world.

"(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders.

"(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system. The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.

"(14) The Administration provides extensive services to public use aircraft."

Purposes

Pub. L. 104–264, title II, §272, Oct. 9, 1996, 110 Stat. 3239, provided that: "The purposes of this subtitle [subtitle C (§§271–278) of title II of Pub. L. 104–264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title] are—

"(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system;

"(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;

"(3) to ensure that any funding will be dedicated solely for the use of the Administration;

"(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration;

"(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;

"(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and

"(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry."

Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation Review Commission

Pub. L. 104–264, title II, §274, Oct. 9, 1996, 110 Stat. 3240, as amended by Pub. L. 106–181, title III, §307(c)(3), Apr. 5, 2000, 114 Stat. 126; Pub. L. 117–286, §4(a)(311), Dec. 27, 2022, 136 Stat. 4340, provided that:

"(a) Independent Assessment.—

"(1) Initiation.—Not later than 30 days after the date of the enactment of this Act [Oct. 9, 1996], the Administrator [of the Federal Aviation Administration] shall contract with an entity independent of the Administration [Federal Aviation Administration] and the Department of Transportation to conduct a complete independent assessment of the financial requirements of the Administration through the year 2002.

"(2) Assessment criteria.—The Administrator shall provide to the independent entity estimates of the financial requirements of the Administration for the period described in paragraph (1), using as a base the fiscal year 1997 appropriation levels established by Congress. The independent assessment shall be based on an objective analysis of agency funding needs.

"(3) Certain factors to be taken into account.—The independent assessment shall take into account all relevant factors, including—

"(A) anticipated air traffic forecasts;

"(B) other workload measures;

"(C) estimated productivity gains, if any, which contribute to budgetary requirements;

"(D) the need for programs; and

"(E) the need to provide for continued improvements in all facets of aviation safety, along with operational improvements in air traffic control.

"(4) Cost allocation.—The independent assessment shall also assess the costs to the Administration occasioned by the provision of services to each segment of the aviation system.

"(5) Deadline.—The independent assessment shall be completed no later than 90 days after the contract is awarded, and shall be submitted to the Commission established under subsection (b), the Secretary [of Transportation], the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives.

"(b) National Civil Aviation Review Commission.—

"(1) Establishment.—There is established a commission to be known as the National Civil Aviation Review Commission (hereinafter in this section referred to as the 'Commission').

"(2) Membership.—The Commission shall consist of 21 members to be appointed as follows:

"(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues important to general aviation, major air carriers, air cargo carriers, regional air carriers, business aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and airline passengers. At least one member appointed under this subparagraph shall have detailed knowledge of the congressional budgetary process.

"(B) Two members appointed by the Speaker of the House of Representatives.

"(C) Two members appointed by the minority leader of the House of Representatives.

"(D) Two members appointed by the majority leader of the Senate.

"(E) Two members appointed by the minority leader of the Senate.

"(3) Task forces.—The Commission shall establish an aviation funding task force and an aviation safety task force to carry out the responsibilities of the Commission under this subsection.

"(4) First meeting.—The Commission may conduct its first meeting as soon as a majority of the members of the Commission are appointed.

"(5) Hearings and consultation.—

"(A) Hearings.—The Commission shall take such testimony and solicit and receive such comments from the public and other interested parties as it considers appropriate, shall conduct 2 public hearings after affording adequate notice to the public thereof, and may conduct such additional hearings as may be necessary.

"(B) Consultation.—The Commission shall consult on a regular and frequent basis with the Secretary, the Secretary of the Treasury, the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives.

"(C) Chapter 10 of title 5, united states code, not to apply.—The Commission shall not be considered an advisory committee for purposes of chapter 10 of title 5, United States Code.

"(6) Duties of aviation funding task force.—

"(A) Report to secretary.—

"(i) In general.—The aviation funding task force established pursuant to paragraph (3) shall submit a report setting forth a comprehensive analysis of the Administration's budgetary requirements through fiscal year 2002, based upon the independent assessment under subsection (a), that analyzes alternative financing and funding means for meeting the needs of the aviation system through the year 2002. The task force shall submit a preliminary report of that analysis to the Secretary not later than 6 months after the independent assessment is completed under subsection (a). The Secretary shall provide comments on the preliminary report to the task force within 30 days after receiving the report. The task force shall issue a final report of such comprehensive analysis within 30 days after receiving the Secretary's comments on its preliminary report.

"(ii) Contents.—The report submitted by the aviation funding task force under clause (i)—

     "(I) shall consider the independent assessment under subsection (a);

     "(II) shall consider estimated cost savings, if any, resulting from the procurement and personnel reforms included in this Act [see Tables for classification] or in sections 40110(d) and 40122(g) of title 49, United States Code, and additional financial initiatives;

     "(III) shall include specific recommendations to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and

     "(IV) shall include a draft bill containing the changes in law necessary to implement its recommendations.

"(B) Recommendations.—The aviation funding task force shall make such recommendations under subparagraph (A)(ii)(III) as the task force deems appropriate. Those recommendations may include—

"(i) proposals for off-budget treatment of the Airport and Airway Trust Fund;

"(ii) alternative financing and funding proposals, including linked financing proposals;

"(iii) modifications to existing levels of Airport and Airways Trust Fund receipts and taxes for each type of tax;

"(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under subparagraph (F) and methods to ensure that costs are borne by users on a fair and equitable basis;

"(v) methods to ensure that funds collected from the aviation community are able to meet the needs of the agency;

"(vi) methods to ensure that funds collected from the aviation community and passengers are used to support the aviation system;

"(vii) means of meeting the airport infrastructure needs for large, medium, and small airports; and

"(viii) any other matter the task force deems appropriate to address the funding and needs of the Administration and the aviation system.

"(C) Additional recommendations.—The aviation funding task force report may also make recommendations concerning—

"(i) means of improving productivity by expanding and accelerating the use of automation and other technology;

"(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;

"(iii) methods to accelerate air traffic control modernization and improvements in aviation safety and safety services;

"(iv) the elimination of unneeded programs; and

"(v) a limited innovative program based on funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector entities, government-sponsored enterprises, and revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development.

"(D) Impact assessment for recommendations.—For each recommendation contained in the aviation funding task force's report, the report shall include a full analysis and assessment of the impact implementation of the recommendation would have on—

"(i) safety;

"(ii) administrative costs;

"(iii) the congressional budget process;

"(iv) the economics of the industry (including the proportionate share of all users);

"(v) the ability of the Administration to utilize the sums collected; and

"(vi) the funding needs of the Administration.

"(E) Trust fund tax recommendations.—If the task force's report includes a recommendation that the existing Airport and Airways Trust Fund tax structure be modified, the report shall—

"(i) state the specific rates for each group affected by the proposed modifications;

"(ii) consider the impact such modifications shall have on specific users and the public (including passengers); and

"(iii) state the basis for the recommendations.

"(F) Fee system recommendations.—If the task force's report includes a recommendation that a fee system be established, including an air traffic control performance-based user fee system, the report shall consider—

"(i) the impact such a recommendation would have on passengers, air fares (including low-fare, high frequency service), service, and competition;

"(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through contributions to the Airport and Airways Trust Fund;

"(iii) continuing the promotion of fair and competitive practices;

"(iv) the unique circumstances associated with interisland air carrier service in Hawaii and rural air service in Alaska;

"(v) the impact such a recommendation would have on service to small communities;

"(vi) the impact such a recommendation would have on services provided by regional air carriers;

"(vii) alternative methodologies for calculating fees so as to achieve a fair and reasonable distribution of costs of service among users;

"(viii) the usefulness of phased-in approaches to implementing such a financing system;

"(ix) means of assuring the provision of general fund contributions, as appropriate, toward the support of the Administration; and

"(x) the provision of incentives to encourage greater efficiency in the provision of air traffic services by the Administration and greater efficiency in the use of air traffic services by aircraft operators.

"(7) Duties of aviation safety task force.—

"(A) Report to administrator.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the aviation safety task force established pursuant to paragraph (3) shall submit to the Administrator a report setting forth a comprehensive analysis of aviation safety in the United States and emerging trends in the safety of particular sectors of the aviation industry.

"(B) Contents.—The report to be submitted under subparagraph (A) shall include an assessment of—

"(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;

"(ii) the Administration's processes for ensuring the public safety from fraudulent parts in civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and

"(iii) the ability of the Administration to anticipate changes in the aviation industry and to develop policies and actions to ensure the highest level of aviation safety in the 21st century.

"(8) Access to documents and staff.—The Administration may give the Commission appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'), cost data associated with the acquisition and operation of air traffic service systems. Any member of the Commission who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, United States Code, pertaining to unauthorized disclosure of such information.

"(9) Travel and per diem.—Each member of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5, United States Code.

"(10) Detail of personnel from the administration.—The Administrator shall make available to the Commission such staff, information, and administrative services and assistance as may reasonably be required to enable the Commission to carry out its responsibilities under this subsection.

"(11) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.

"(c) Reports to Congress.—

"(1) Report by the secretary based on final report of aviation funding task force.—

"(A) Consideration of task force's preliminary report.—Not later than 30 days after receiving the preliminary report of the aviation funding task force, the Secretary, in consultation with the Secretary of the Treasury, shall furnish comments on the report to the task force.

"(B) Report to congress.—Not later than 30 days after receiving the final report of the aviation funding task force, and in no event more than 1 year after the date of the enactment of this Act, the Secretary, after consulting the Secretary of the Treasury, shall transmit a report to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives. Such report shall be based upon the final report of the task force and shall contain the Secretary's recommendations for funding the needs of the aviation system through the year 2002.

"(C) Contents.—The Secretary shall include in the report to Congress under subparagraph (B)—

"(i) a copy of the final report of the task force; and

"(ii) a draft bill containing the changes in law necessary to implement the Secretary's recommendations.

"(D) Publication.—The Secretary shall cause a copy of the report to be printed in the Federal Register upon its transmittal to Congress under subparagraph (B).

"(2) Report by the administrator based on final report of aviation safety task force.—Not later than 30 days after receiving the report of the aviation safety task force, the Administrator shall transmit the report to Congress, together with the Administrator's recommendations for improving aviation safety in the United States.

"(d) GAO Audit of Cost Allocation.—The Comptroller General shall conduct an assessment of the manner in which costs for air traffic control services are allocated between the Administration and the Department of Defense. The Comptroller General shall report the results of the assessment, together with any recommendations the Comptroller General may have for reallocation of costs and for opportunities to increase the efficiency of air traffic control services provided by the Administration and by the Department of Defense, to the Commission, the Administrator, the Secretary of Defense, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the date of the enactment of this Act.

"(e) GAO Assessment.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall transmit to the Commission and Congress an independent assessment of airport development needs."

Joint Aviation Research and Development Program

Pub. L. 103–305, title III, §303, Aug. 23, 1994, 108 Stat. 1590, provided that:

"(a) Establishment.—The Administrator [of the Federal Aviation Administration], in consultation with the heads of other appropriate Federal agencies, shall jointly establish a program to conduct research on aviation technologies that enhance United States competitiveness. The program shall include—

"(1) next-generation satellite communications, including global positioning satellites;

"(2) advanced airport and airplane security;

"(3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution;

"(4) advanced aviation safety programs; and

"(5) technologies and procedures to enhance and improve airport and airway capacity.

"(b) Procedures for Contracts and Grants.—The Administrator and the heads of the other appropriate Federal agencies shall administer contracts and grants entered into under the program established under subsection (a) in accordance with procedures developed jointly by the Administrator and the heads of the other appropriate Federal agencies. The procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Federal Aviation Administration, the other Federal agencies involved, and industry.

"(c) Program Elements.—The program established under subsection (a) shall include—

"(1) selected programs that jointly enhance public and private aviation technology development;

"(2) an opportunity for private contractors to be involved in such technology research and development; and

"(3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness.

"(d) Authorization of Appropriations.—Of amounts authorized to be appropriated for fiscal years 1995 and 1996 under section 48102(a) of title 49, United States Code, as amended by section 302 of this title, there are authorized to be appropriated for fiscal years 1995 and 1996, respectively, such sums as may be necessary to carry out this section."

Air Quality in Aircraft Cabins

Pub. L. 108–176, title VIII, §815, Dec. 12, 2003, 117 Stat. 2592, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall undertake the studies and analysis called for in the report of the National Research Council entitled 'The Airliner Cabin Environment and the Health of Passengers and Crew'.

"(b) Required Activities.—In carrying out this section, the Administrator, at a minimum, shall—

"(1) conduct surveillance to monitor ozone in the cabin on a representative number of flights and aircraft to determine compliance with existing Federal Aviation Regulations for ozone;

"(2) collect pesticide exposure data to determine exposures of passengers and crew;

"(3) analyze samples of residue from aircraft ventilation ducts and filters after air quality incidents to identify the contaminants to which passengers and crew were exposed;

"(4) analyze and study cabin air pressure and altitude; and

"(5) establish an air quality incident reporting system.

"(c) Report.—Not later than 30 months after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall transmit to Congress a report on the findings of the Administrator under this section."

Pub. L. 106–181, title VII, §725, Apr. 5, 2000, 114 Stat. 166, provided that:

"(a) Study of Air Quality in Passenger Cabins in Commercial Aircraft.—

"(1) In general.—Not later than 60 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] shall arrange for and provide necessary data to the National Academy of Sciences to conduct a 12-month, independent study of air quality in passenger cabins of aircraft used in air transportation and foreign air transportation, including the collection of new data, in coordination with the Federal Aviation Administration, to identify contaminants in the aircraft air and develop recommendations for means of reducing such contaminants.

"(2) Alternative air supply.—The study should examine whether contaminants would be reduced by the replacement of engine and auxiliary power unit bleed air with an alternative supply of air for the aircraft passengers and crew.

"(3) Scope.—The study shall include an assessment and quantitative analysis of each of the following:

"(A) Contaminants of concern, as determined by the National Academy of Sciences.

"(B) The systems of air supply on aircraft, including the identification of means by which contaminants may enter such systems.

"(C) The toxicological and health effects of the contaminants of concern, their byproducts, and the products of their degradation.

"(D) Any contaminant used in the maintenance, operation, or treatment of aircraft, if a passenger or a member of the air crew may be directly exposed to the contaminant.

"(E) Actual measurements of the contaminants of concern in the air of passenger cabins during actual flights in air transportation or foreign air transportation, along with comparisons of such measurements to actual measurements taken in public buildings.

"(4) Provision of Current Data.—The Administrator shall collect all data of the Federal Aviation Administration that is relevant to the study and make the data available to the National Academy of Sciences in order to complete the study.

"(b) Collection of Aircraft Air Quality Data.—

"(1) In general.—The Administrator may consider the feasibility of using the flight data recording system on aircraft to monitor and record appropriate data related to air inflow quality, including measurements of the exposure of persons aboard the aircraft to contaminants during normal aircraft operation and during incidents involving air quality problems.

"(2) Passenger cabins.—The Administrator may also consider the feasibility of using the flight data recording system to monitor and record data related to the air quality in passengers cabins of aircraft."

Pub. L. 103–305, title III, §304, Aug. 23, 1994, 108 Stat. 1591, provided that:

"(a) Establishment.—The Administrator [of the Federal Aviation Administration], in consultation with the heads of other appropriate Federal agencies, shall establish a research program to determine—

"(1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within the United States are harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and

"(2) the risk of airline passengers and crew contracting infectious diseases during flight.

"(b) Contract With Center for Disease Control.—In carrying out the research program established under subsection (a), the Administrator and the heads of the other appropriate Federal agencies shall contract with the Center for Disease Control [now Centers for Disease Control and Prevention] and other appropriate agencies to carry out any studies necessary to meet the goals of the program set forth in subsection (c).

"(c) Goals.—The goals of the research program established under subsection (a) shall be—

"(1) to determine what, if any, cabin air conditions currently exist on domestic aircraft used for flights within the United States that could be harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of infection by bacteria and viruses;

"(2) to determine to what extent, changes in, cabin air pressure, temperature, rate of cabin air circulation, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or eliminate the risk of illness or discomfort to airline passengers and crew; and

"(3) to establish a long-term research program to examine potential health problems to airline passengers and crew that may arise in an airplane cabin on a flight within the United States because of cabin air quality as a result of the conditions and changes described in paragraphs (1) and (2).

"(d) Participation.—In carrying out the research program established under subsection (a), the Administrator shall encourage participation in the program by representatives of aircraft manufacturers, air carriers, aviation employee organizations, airline passengers, and academia.

"(e) Report.—(1) Within six months after the date of enactment of this Act [Aug. 23, 1994], the Administrator shall submit to the Congress a plan for implementation of the research program established under subsection (a).

"(2) The Administrator shall annually submit to the Congress a report on the progress made during the year for which the report is submitted toward meeting the goals set forth in subsection (c).

"(f) Authorization of Appropriations.—Of amounts authorized to be appropriated for fiscal years 1995 and 1996 under section 48102(a) of title 49, United States Code, as amended by section 302 of this title, there are authorized to be appropriated for fiscal years 1995 and 1996, respectively, such sums as may be necessary to carry out this section."

Information on Disinsection of Aircraft

Pub. L. 103–305, title V, §507, Aug. 23, 1994, 108 Stat. 1595, provided that:

"(a) Availability of Information.—In the interest of protecting the health of air travelers, the Secretary shall publish a list of the countries (as determined by the Secretary) that require disinsection of aircraft landing in such countries while passengers and crew are on board such aircraft.

"(b) Revision.—The Secretary shall revise the list required under subsection (a) on a periodic basis.

"(c) Publication.—The Secretary shall publish the list required under subsection (a) not later than 30 days after the date of the enactment of this Act [Aug. 23, 1994]. The Secretary shall publish a revision to the list not later than 30 days after completing the revision under subsection (b)."

General Aviation Revitalization Act of 1994

Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, §3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'General Aviation Revitalization Act of 1994'.

"SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.

"(a) In General.—Except as provided in subsection (b), no civil action for damages for death or injury to persons or damage to property arising out of an accident involving a general aviation aircraft may be brought against the manufacturer of the aircraft or the manufacturer of any new component, system, subassembly, or other part of the aircraft, in its capacity as a manufacturer if the accident occurred—

"(1) after the applicable limitation period beginning on—

"(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or

"(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or

"(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of completion of the replacement or addition.

"(b) Exceptions.—Subsection (a) does not apply—

"(1) if the claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm which the claimant allegedly suffered;

"(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;

"(3) if the person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident; or

"(4) to an action brought under a written warranty enforceable under law but for the operation of this Act.

"(c) General Aviation Aircraft Defined.—For the purposes of this Act, the term 'general aviation aircraft' means any aircraft for which a type certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration, which, at the time such certificate was originally issued, had a maximum seating capacity of fewer than 20 passengers, and which was not, at the time of the accident, engaged in scheduled passenger-carrying operations as defined under regulations in effect under part A of subtitle VII of title 49, United States Code, at the time of the accident.

"(d) Relationship to Other Laws.—This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection (a).

"SEC. 3. OTHER DEFINITIONS.

"For purposes of this Act—

"(1) the term 'aircraft' has the meaning given such term in section 40102(a)(6) of title 49, United States Code;

"(2) the term 'airworthiness certificate' means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or under any predecessor Federal statute;

"(3) the term 'limitation period' means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and

"(4) the term 'type certificate' means a type certificate issued under section 44704(a) of title 49, United States Code, or under any predecessor Federal statute.

"SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.

"(a) Effective Date.—Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act [Aug. 17, 1994].

"(b) Application of Act.—This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act."

National Commission to Ensure a Strong Competitive Airline Industry

Pub. L. 102–581, title II, §204, Oct. 31, 1992, 106 Stat. 4891, as amended Pub. L. 103–13, §1, Apr. 7, 1993, 107 Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Industry to make a complete investigation and study of financial condition of the airline industry, adequacy of competition in the airline industry, and legal impediments to a financially strong and competitive airline industry, to report to President and Congress not later than 90 days after the date on which initial appointments of members to the Commission were completed, and to terminate on the 30th day following transmission of report.

Definitions of Terms in Pub. L. 118–63

Pub. L. 118–63, §2, May 16, 2024, 138 Stat. 1033, provided that: "In this Act [see Tables for classification]:

"(1) Administrator.—Unless otherwise specified, the term 'Administrator' means the Administrator of the Federal Aviation Administration.

"(2) Appropriate committees of congress.—The term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

"(3) Comptroller general.—The term 'Comptroller General' means the Comptroller General of the United States.

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

"(5) Nextgen.—The term 'NextGen' means the Next Generation Air Transportation System.

"(6) Secretary.—Unless otherwise specified, the term 'Secretary' means the Secretary of Transportation."

Pub. L. 118–63, title X, §1001, May 16, 2024, 138 Stat. 1386, provided that: "In this title [enacting sections 44813, 44814, and 44520 of this title, amending sections 44501, 44518, 47511, and 48102 of this title, enacting provisions set out as notes under this section and sections 40103, 44501, 44504, 44505, 44701, and 47101 of this title, and amending provisions set out as a note under section 44505 of this title]:

"(1) Covered committees of congress.—The term 'covered committees of Congress' means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(2) NASA.—The term 'NASA' means the National Aeronautics and Space Administration."

Definitions of Terms in Title I of Div. V of Pub. L. 116–260

Pub. L. 116–260, div. V, title I, §137, Dec. 27, 2020, 134 Stat. 2360, provided that: "In this title [see Tables for classification]:

"(1) Administration; faa.—The terms 'Administration' and 'FAA' mean the Federal Aviation Administration.

"(2) Administrator.—The term 'Administrator' means the Administrator of the FAA.

"(3) Congressional committees of jurisdiction.—The term 'congressional committees of jurisdiction' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

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

"(5) Organization designation authorization.—The term 'organization designation authorization' has the same meaning given such term in section 44736(c) of title 49, United States Code.

"(6) Transport airplane.—The term 'transport airplane' means a transport category airplane designed for operation 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 airplane.

"(7) Type certificate.—The term 'type certificate'—

"(A) means a type certificate issued pursuant to section 44704(a) of title 49, United States Code, or an amendment to such certificate; and

"(B) does not include a supplemental type certificate issued under section 44704(b) of such section."

Definitions of Terms in Pub. L. 115–254

Pub. L. 115–254, div. B, §101, Oct. 5, 2018, 132 Stat. 3199, provided that: "In this division [see Tables for classification], the term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives."

Pub. L. 115–254, div. B, title IV, §401, Oct. 5, 2018, 132 Stat. 3328, provided that: "In this title [see Tables for classification]:

"(1) Covered air carrier.—The term 'covered air carrier' means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code.

"(2) Online service.—The term 'online service' means any service available over the internet, or that connects to the internet or a wide-area network.

"(3) Ticket agent.—The term 'ticket agent' has the meaning given the term in section 40102 of title 49, United States Code."

Pub. L. 115–254, div. B, title V, §501, Oct. 5, 2018, 132 Stat. 3350, provided that: "In this title [see Tables for classification], the following definitions apply:

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

"(2) Administrator.—The term 'Administrator' means the Administrator of the FAA.

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

"(4) ADS–B out.—The term 'ADS–B Out' means automatic dependent surveillance-broadcast with the ability to transmit information from the aircraft to ground stations and to other equipped aircraft.

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

"(6) Nextgen.—The term 'NextGen' means the Next Generation Air Transportation System."

Pub. L. 115–254, div. B, title VII, §702, Oct. 5, 2018, 132 Stat. 3409, provided that: "In this title [see Short Title of 2018 Amendment note set out above], the following definitions apply:

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

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

"(3) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(4) Secretary.—The term 'Secretary' means the Secretary of Transportation."

Definition of Term in Pub. L. 114–190

Pub. L. 114–190, §2, July 15, 2016, 130 Stat. 617, provided that: "In this Act [see Tables for classification], unless expressly provided otherwise, the term 'appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives."

Definitions of Terms in Title II of Pub. L. 112–95

Pub. L. 112–95, title IX, §902, Feb. 14, 2012, 126 Stat. 138, provided that: "In this title [amending sections 44504, 44505, 44511, 44513, and 48102 of this title, enacting provisions set out as notes under this section and sections 44501, 44504, 44505, and 44513 of this title, and amending provisions set out as notes under section 44504 of this title], the following definitions apply:

"(1) Administrator.—The term 'Administrator' means the Administrator of the FAA.

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

"(3) Institution of higher education.—The term 'institution of higher education' has the same meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

"(4) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(5) NOAA.—The term 'NOAA' means the National Oceanic and Atmospheric Administration."

Definitions of Terms in Pub. L. 107–71

For definitions of terms used in sections 127 and 145 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.

Executive Documents

Ex. Ord. No. 13479. Transformation of the National Air Transportation System

Ex. Ord. No. 13479, Nov. 18, 2008, 73 F.R. 70241, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to establish and maintain a national air transportation system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United States, including through effective implementation of the Next Generation Air Transportation System (NextGen).

Sec. 2. Definitions. As used in this order the term "Next Generation Air Transportation System" means the system to which section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) (Act) refers.

Sec. 3. Functions of the Secretary of Transportation. Consistent with sections 709 and 710 of the Act and the policy set forth in section 1 of this order, the Secretary of Transportation shall:

(a) take such action within the authority of the Secretary, and recommend as appropriate to the President such action as is within the authority of the President, to implement the policy set forth in section 1 of this order and in particular to implement the NextGen in a safe, secure, timely, environmentally sound, efficient, and effective manner;

(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section 1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);

(c) not later than 60 days after the date of this order, establish within the Department of Transportation a support staff (Staff), including employees from departments and agencies assigned pursuant to subsection 4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth in section 1 of this order; and

(d) not later than 180 days after the date of this order, establish an advisory committee to provide advice to the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set forth in section 1 of this order, including aviation-related subjects and any related performance measures specified by the Secretary, pursuant to section 710 of the Act.

Sec. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth in section 1 of this order:

(a) the Secretary of Defense shall assist the Secretary of Transportation by:

(i) collaborating, as appropriate, and verifying that the NextGen meets the national defense needs of the United States consistent with the policies and plans established under applicable Presidential guidance; and

(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United States civil and military systems relating to the national air transportation system, and coordinating the development of requirements and capabilities to address tracking and other activities relating to non-cooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;

(b) the Secretary of Commerce shall:

(i) develop and make available, as appropriate, the capabilities of the Department of Commerce, including those relating to aviation weather and spectrum management, to support the NextGen; and

(ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, including those relating to the development and setting of standards;

(c) the Secretary of Homeland Security shall assist the Secretary of Transportation by ensuring that:

(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of persons, property, and activities within the national air transportation system consistent with the policies and plans established under applicable Presidential guidance; and

(ii) the Department of Homeland Security shall continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;

(d) the Administrator of the National Aeronautics and Space Administration shall carry out the Administrator's duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order;

(e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and

(f) the Director of the Office of Management and Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.

Sec. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified in section 710 of the Act, the Committee shall:

(a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommendations including performance measures for administrative or other action as the Committee determines appropriate;

(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of Management and Budget with respect to programs affecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transportation, to the Director; and

(c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and the Administrator of the National Aeronautics and Space Administration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

George W. Bush.      

§40102. Definitions

(a) General Definitions.—In this part—

(1) "aeronautics" means the science and art of flight.

(2) "air carrier" means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.

(3) "air commerce" means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.

(4) "air navigation facility" means a facility used, available for use, or designed for use, in aid of air navigation, including—

(A) a landing area;

(B) runway lighting and airport surface visual and other navigation aids;

(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;

(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;

(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and

(F) buildings, equipment, and systems dedicated to the national airspace system.

(5) "air transportation" means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.

(6) "aircraft" means any contrivance invented, used, or designed to navigate, or fly in, the air.

(7) "aircraft engine" means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.

(8) "airman" means an individual—

(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;

(B) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or

(C) who serves as an aircraft dispatcher or air traffic control-tower operator.

(9) "airport" means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.

(10) "all-cargo air transportation" means the transportation by aircraft in interstate air transportation of only property or only mail, or both.

(11) "appliance" means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being used, or intended to be used, in operating or controlling aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, aircraft engine, or propeller.

(12) "cargo" means property, mail, or both.

(13) "charter air carrier" means an air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation.

(14) "charter air transportation" means charter trips in air transportation authorized under this part.

(15) "citizen of the United States" means—

(A) an individual who is a citizen of the United States;

(B) a partnership each of whose partners is an individual who is a citizen of the United States; or

(C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.

(16) "civil aircraft" means an aircraft except a public aircraft.

(17) "civil aircraft of the United States" means an aircraft registered under chapter 441 of this title.

(18) "conditional sales contract" means a contract—

(A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in the buyer at a later time on—

(i) paying any part of the purchase price;

(ii) performing another condition; or

(iii) the happening of a contingency; or

(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee—

(i) agrees to pay an amount substantially equal to the value of the property; and

(ii) is to become, or has the option of becoming, the owner of the property on complying with the contract.

(19) "conveyance" means an instrument, including a conditional sales contract, affecting title to, or an interest in, property.

(20) "Federal airway" means a part of the navigable airspace that the Administrator designates as a Federal airway.

(21) "foreign air carrier" means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.

(22) "foreign air commerce" means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the transportation or operation is by aircraft.

(23) "foreign air transportation" means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft.

(24) "interstate air commerce" means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation—

(A) between a place in—

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

(ii) a State and another place in the same State through the airspace over a place outside the State;

(iii) the District of Columbia and another place in the District of Columbia; or

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

(B) when any part of the transportation or operation is by aircraft.

(25) "interstate air transportation" means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft—

(A) between a place in—

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

(ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii;

(iii) the District of Columbia and another place in the District of Columbia; or

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

(B) when any part of the transportation is by aircraft.

(26) "intrastate air carrier" means a citizen of the United States undertaking by any means to provide only intrastate air transportation.

(27) "intrastate air transportation" means the transportation by a common carrier of passengers or property for compensation, entirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 passengers.

(28) "landing area" means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo.

(29) "large hub airport" means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings.

(30) "mail" means United States mail and foreign transit mail.

(31) "medium hub airport" means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.

(32) "navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft.

(33) "navigate aircraft" and "navigation of aircraft" include piloting aircraft.

(34) "nonhub airport" means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings.

(35) "operate aircraft" and "operation of aircraft" mean using aircraft for the purposes of air navigation, including—

(A) the navigation of aircraft; and

(B) causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft.

(36) "passenger boardings"—

(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and

(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.

(37) "person", in addition to its meaning under section 1 of title 1, includes a governmental authority and a trustee, receiver, assignee, and other similar representative.

(38) "predatory" means a practice that violates the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).

(39) "price" means a rate, fare, or charge.

(40) "propeller" includes a part, appurtenance, and accessory of a propeller.

(41) "public aircraft" means any of the following:

(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).

(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).

(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).

(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).

(E) An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term "other commercial air service" means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.

(F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).

(42) "small hub airport" means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.

(43) "spare part" means an accessory, appurtenance, or part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller), propeller, or appliance, that is to be installed at a later time in an aircraft, aircraft engine, propeller, or appliance.

(44) "State authority" means an authority of a State designated under State law—

(A) to receive notice required to be given a State authority under subpart II of this part; or

(B) as the representative of the State before the Secretary of Transportation in any matter about which the Secretary is required to consult with or consider the views of a State authority under subpart II of this part.

(45) "ticket agent" means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.

(46) "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the overlying airspace.

(47) "air traffic control system" means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including—

(A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement;

(B) laws, regulations, orders, directives, agreements, and licenses;

(C) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation;

(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control; and

(E) systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with Administration approval.

(b) Limited Definition.—In subpart II of this part, "control" means control by any means.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103–305, title VI, §601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–411, §3(a), Oct. 25, 1994, 108 Stat. 4236; Pub. L. 103–429, §6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105–137, §6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106–181, title III, §301, title VII, §702(a), Apr. 5, 2000, 114 Stat. 115, 155; Pub. L. 108–176, title II, §225(a), title VIII, §807, Dec. 12, 2003, 117 Stat. 2528, 2588; Pub. L. 110–181, div. A, title X, §1078(a), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–95, title II, §205, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. B, title III, §355(a), Oct. 5, 2018, 132 Stat. 3305; Pub. L. 118–63, title II, §215, May 16, 2024, 138 Stat. 1054.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40102(a)(1)	49 App.:1301(2).	Aug. 23, 1958, Pub. L. 85–726, §§101(2), (3) (less proviso), (5)–(10), 413, 72 Stat. 737, 770.
40102(a)(2)	49 App.:1301(3) (less proviso).
40102(a)(3)	49 App.:1301(4).	Aug. 23, 1958, Pub. L. 85–726, §101(4), 72 Stat. 737; Sept. 5, 1961, Pub. L. 87–197, §3, 75 Stat. 467.
40102(a)(4)	49 App.:1301(8).
40102(a)(5)	49 App.:1301(10).
40102(a)(6), (7)	49 App.:1301(5), (6).
40102(a)(8)	49 App.:1301(7).
	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.
40102(a)(9)	49 App.:1301(9).
40102(a)(10)	49 App.:1301(11).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(11); added Nov. 9, 1977, Pub. L. 95–163, §17(b)(2), 91 Stat. 1286; restated Oct. 4, 1984, Pub. L. 98–443, §9(a)(1), 98 Stat. 1706.
40102(a)(11)	49 App.:1301(12).	Aug. 23, 1958, Pub. L. 85–726, §101(12), (16)–(34), (37), (40), (41), 72 Stat. 737, 739; July 10, 1962, Pub. L. 87–528, §1, 76 Stat. 143; Sept. 26, 1968, Pub. L. 90–514, §1, 82 Stat. 867; Oct. 14, 1970, Pub. L. 91–449, §1(2), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2(a)(4), (b), 92 Stat. 1705.
40102(a)(12)	(no source).
40102(a)(13)	49 App.:1301(14) (less certificate).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(14) (less certificate), (15); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(1), 92 Stat. 1705.
40102(a)(14)	49 App.:1301(15).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
40102(a) (15)–(18)	49 App.:1301(16)–(19).
40102(a)(19)	49 App.:1301(20).
40102(a)(20)	49 App.:1301(21).
	49 App.:1655(c)(1).
40102(a)(21)	49 App.:1301(22).
40102(a)(22)	49 App.:1301(23) (related to foreign air commerce).
40102(a)(23)	49 App.:1301(24) (related to foreign air transportation).
40102(a)(24)	49 App.:1301(23) (related to interstate and overseas air commerce).
40102(a)(25)	49 App.:1301(24) (related to interstate and overseas air transportation).
	49 App.:1305(b)(2), (d) (related to (b)(2)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(b)(2), (d) (related to (b)(2)); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1708.
40102(a) (26)–(32)	49 App.:1301(25)–(31).
40102(a)(33)	49 App.:1301(32).
40102(a)(34)	49 App.:1301(35).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(35), (39); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(2), (3), (b), 92 Stat. 1705.
40102(a)(35)	(no source).
40102(a)(36)	49 App.:1301(33), (34).
40102(a)(37)	49 App.:1301(36).	Aug. 23, 1958, Pub. L. 85–726, §101(36), 72 Stat. 739; Aug. 5, 1974, Pub. L. 93–366, §206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2, 92 Stat. 1705; Dec. 30, 1987, Pub. L. 100–223, §207, 101 Stat. 1523.
40102(a)(38)	49 App.:1301(37).
40102(a)(39)	49 App.:1301(39).
40102(a)(40)	49 App.:1301(40).
40102(a)(41)	49 App.:1301(41).
40102(b)	49 App.:1383.

In subsection (a)(2), the words "by any means" are substituted for "whether . . . or by a lease or any other arrangement" to eliminate unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (a)(3), the words "or navigation" are omitted as being included in the definition of "operation of aircraft" in this subsection.

In subsection (a)(4)(D), the words "having a similar purpose" are omitted as surplus.

In subsection (a)(6), the words "now known or hereafter" are omitted as surplus.

In subsection (a)(7), the words "of the engine" are substituted for "thereof" for clarity.

In subsection (a)(8)(A), the words "as the person" are omitted as surplus.

In subsection (a)(10), the word "transportation" is substituted for "carriage" for consistency in the revised title.

In subsection (a)(11), the words "of whatever description" are omitted as surplus. The word "navigation" is omitted as being included in the definition of "operate aircraft" in this subsection. The words "or mechanisms" are omitted because of 1:1.

Subsection (a)(12) is added for clarity to distinguish between cargo (which includes mail) and property (which does not include mail).

In subsection (a)(13), the word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (a)(14), the words "including inclusive tour charter trips" are omitted as obsolete. The words "authorized under this part" are substituted for "rendered pursuant to authority conferred under this chapter under regulations prescribed by the Board" to eliminate unnecessary words.

In subsection (a)(15)(A), the words "or of one of its possessions" are omitted as being included in the definition of "United States" in this subsection.

In subsection (a)(15)(C), the words "created or" are omitted as being included in "organized".

In subsection (a)(17), the words "chapter 441 of this title" are substituted for "this chapter" for clarity because aircraft are registered only under chapter 441.

In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) is omitted as surplus.

In subsection (a)(18)(A), before subclause (i), the words "title to" are added for clarity and consistency in this section.

In subsection (a)(18)(B)(i), the words "as compensation" are omitted as surplus.

In subsection (a)(18)(B)(ii), the words "it is agreed that", "bound", "full", and "the terms of" are omitted as surplus.

In subsection (a)(19), the words "bill of sale . . . mortgage, assignment of mortgage, or other" are omitted as being included in "instrument".

In subsection (a)(20), the words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in this subsection.

In subsection (a)(21), the words "by any means" are substituted for "whether . . . or by lease or any other arrangement" to eliminate unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (a)(22)–(25) and (27), the words "transportation" and "passengers" are substituted for "carriage" and "persons", respectively, for consistency in the revised title. The word "compensation" is substituted for, and is coextensive with, "compensation or hire".

In subsection (a)(22) and (24), the words "or navigation" are omitted as being included in the definition of "operation of aircraft" in this subsection. The words "the conduct or" and "in commerce" are omitted as surplus. The words "when any part of the transportation or operation is by aircraft" are substituted for 49 App.:1301(23) (words after last semicolon) to eliminate unnecessary words.

In subsection (a)(23) and (25), the words "in commerce" are omitted as surplus. The words "when any part of the transportation is by aircraft" are substituted for 49 App.:1301(24) (words after last semicolon) to eliminate unnecessary words.

In subsection (a)(24), (25), and (27), the words "of the United States" are omitted as surplus.

In subsection (a)(24)(A)(i) and (25)(A)(i), the words "or the District of Columbia" the first time they appear are omitted as surplus.

In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words between semicolons) is omitted because 49 App.:1305(b)(2) removes the subject matter of the text from the definition. See H. Rept. No. 95–1211, 95th Cong., 2d Sess., p.16 (1978).

In subsection (a)(26), the words "by any means" are substituted for "whether . . . or by a lease or any other arrangement" to eliminate unnecessary words. The word "provide" is substituted for "engage" for consistency in the revised title.

In subsection (a)(28), the word "place" is substituted for "locality" for consistency in the revised title.

In subsection (a)(32)(B), the words "(in the capacity of owner, lessee, or otherwise)" are omitted as surplus.

In subsection (a)(33), the words "in addition to its meaning under section 1 of title 1" are substituted for "any individual, firm, copartnership, corporation, company, association, joint stock association" for clarity because 1:1 is applicable to all laws unless otherwise provided. The words "governmental authority" are substituted for "body politic" for consistency in the revised title and with other titles of the United States Code.

Subsection (a)(35) is added to eliminate repetition of the words "rates, fares, or charges" throughout this part.

In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) is omitted as obsolete. Reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last sentence) is omitted because of 48:734.

Subsection (a)(37)(A)(i) is substituted for "used exclusively in the service of any government" and "For purposes of this paragraph, 'used exclusively in the service of' means, for other than the Federal Government" for clarity and to eliminate unnecessary words.

Subsection (a)(37)(A)(ii) is substituted for "used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia" and "For purposes of this paragraph, 'used exclusively in the service of' means, for other than the Federal Government, an aircraft which is owned and operated by a governmental entity for other than commercial purposes or which is exclusively leased by such governmental entity for not less than 90 continuous days" for clarity and to eliminate unnecessary words.

In subsection (a)(37)(B), the words "transporting passengers or property" are substituted for "engaged in carrying persons or property" for consistency in the revised title.

In subsection (a)(38), the words "that is to be installed at a later time" are substituted for "maintained for installation or use . . . but which at the time are not installed therein or attached thereto" to eliminate unnecessary words.

In subsection (a)(39), the word "authority" is substituted for "agency" and "entity" for consistency in the revised title. Before subclause (A), the words "department, agency, officer, or other" are omitted as being included in "authority".

In subsection (a)(40), the words "bona fide" and "by solicitation, advertisement, or otherwise" are omitted as surplus. The words "furnishes, contracts" are omitted as being included in "providing, or arranging".

In subsection (a)(41), the words "States of the United States" are substituted for "several States", and the word "sea" is substituted for "waters", for consistency in the revised title and with other titles of the Code.

Subsection (b) is substituted for 49 App.:1383 to eliminate unnecessary words.

Pub. L. 103–429

This makes a conforming amendment for consistency with the style of title 49.

Editorial Notes

Amendments

2024—Subsec. (a)(47)(E). Pub. L. 118–63 added subpar. (E).

2018—Subsec. (a)(41)(F). Pub. L. 115–254 added subpar. (F).

2012—Subsec. (a)(4). Pub. L. 112–95 added subpars. (B) to (D), redesignated former subpar. (D) as (E) and substituted "any structure, equipment," for "another structure" and "; and" for period at end, added subpar. (F), and struck out former subpars. (B) and (C) which read as follows:

"(B) a light;

"(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and".

2008—Subsec. (a)(41)(E). Pub. L. 110–181 inserted "or other commercial air service" after "transportation" and inserted at end "In the preceding sentence, the term 'other commercial air service' means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations."

2003—Subsec. (a)(15)(C). Pub. L. 108–176, §807, inserted "which is under the actual control of citizens of the United States," before "and in which".

Subsec. (a)(29) to (47). Pub. L. 108–176, §225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively.

2000—Subsec. (a)(37). Pub. L. 106–181, §702(a), amended par. (37) generally, revising and restating provisions defining "public aircraft" to include references to qualifications found in section 40125(b) and (c).

Subsec. (a)(42). Pub. L. 106–181, §301, added par. (42).

1997—Subsec. (a)(37)(A). Pub. L. 105–137 struck out "or" at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).

1994—Subsec. (a)(30). Pub. L. 103–429 substituted "this subpart and subpart III" for "subparts I and III".

Subsec. (a)(35). Pub. L. 103–305 struck out "for air transportation" after "charge".

Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as follows: "does not include a government-owned aircraft transporting passengers or property for commercial purposes."

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 1994 Amendments

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.

Amendment by Pub. L. 103–411 effective on the 180th day following Oct. 25, 1994, see section 3(d) of Pub. L. 103–411, set out as a note under section 1131 of this title.

Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.

Definitions of Terms in Pub. L. 107–71

Pub. L. 107–71, title I, §133, Nov. 19, 2001, 115 Stat. 636, provided that: "Except as otherwise explicitly provided, any term used in this title [see Tables for classification] that is defined in section 40102 of title 49, United States Code, has the meaning given that term in that section."

Definitions Applicable to Pub. L. 106–181

Pub. L. 106–181, §4, Apr. 5, 2000, 114 Stat. 64, provided that: "Except as otherwise provided in this Act [see Tables for classification], the following definitions apply:

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

"(2) Secretary.—The term 'Secretary' means the Secretary of Transportation."

Definitions Applicable to Pub. L. 103–305

Pub. L. 103–305, §2, Aug. 23, 1994, 108 Stat. 1570, provided that: "In this Act [see Short Title of 1994 Amendment note set out under section 40101 of this title], the following definitions apply:

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

"(2) Secretary.—The term 'Secretary' means the Secretary of Transportation."

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

§40103. Sovereignty and use of airspace

(a) Sovereignty and Public Right of Transit.—(1) The United States Government has exclusive sovereignty of airspace of the United States.

(2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for individuals with disabilities.

(b) Use of Airspace.—(1) The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke an assignment when required in the public interest.

(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for—

(A) navigating, protecting, and identifying aircraft;

(B) protecting individuals and property on the ground;

(C) using the navigable airspace efficiently; and

(D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.

(3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the Administrator, in consultation with the Secretary of Defense, shall—

(A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and

(B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those areas.

(4) Notwithstanding the military exception in section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed under this subsection.

(c) Foreign Aircraft.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States as provided in section 41703 of this title.

(d) Aircraft of Armed Forces of Foreign Countries.—Aircraft of the armed forces of a foreign country may be navigated in the United States only when authorized by the Secretary of State.

(e) No Exclusive Rights at Certain Facilities.—A person does not have an exclusive right to use an air navigation facility on which Government money has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if—

(1) it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and

(2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1101; Pub. L. 118–63, title V, §550(a), May 16, 2024, 138 Stat. 1212.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40103(a)(1)	49 App.:1508(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §§307(a), (c), (d), 308(a) (3d sentence), 1108(a), 1201, 1202, 72 Stat. 749, 750, 751, 798, 800.
40103(a)(2)	49 App.:1304.	Aug. 23, 1958, Pub. L. 85–726, §104, 72 Stat. 740; Oct. 4, 1984, Pub. L. 98–443, §14, 98 Stat. 1711.
	49 App.:1551(b)(1)(E).	Aug. 28, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
40103(b)(1)	49 App.:1348(a).
	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.
40103(b)(2)	49 App.:1348(c).
	49 App.:1655(c)(1).
40103(b)(3)	49 App.:1521.
	49 App.:1522.
	49 App.:1655(c)(1).
40103(b)(4)	49 App.:1348(d).
40103(c)	(no source).
40103(d)	49 App.:1508(a) (last sentence).
40103(e)	49 App.:1349(a) (3d sentence).
	49 App.:1349(a) (last sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §308(a) (last sentence); added Sept. 3, 1982, Pub. L. 97–248, §524(a)(1), 96 Stat. 695.

In subsection (a)(1), the word "has" is substituted for "is declared to possess and exercise complete and" to eliminate surplus words. The word "national" is omitted as surplus. The text of 49 App.:1508(a) (1st sentence words after 1st comma) is omitted as surplus.

In subsection (a)(2), the words "of the United States" are omitted for consistency in the revised title and because of the definition of "navigable airspace" in section 40102(a) of the revised title. The words "or amending" are omitted as surplus.

In subsection (b), the word "Administrator" in section 307(a), (c), and (d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749, 750) is retained on authority of 49:106(g).

In subsection (b)(1) and (3)(B), the word "rule" is omitted as being synonymous with "regulation".

In subsection (b)(1), the words "under such terms, conditions, and limitations as he may deem" are omitted as surplus. The words "In the exercise of his authority under section 1348(a) of this Appendix" in 49 App.:1522 are omitted as unnecessary because of the restatement.

In subsection (b)(2), before clause (A), the word "shall" is substituted for "is further authorized and directed" for consistency in the revised title and to eliminate unnecessary words.

In subsection (b)(3), before clause (A), the words "In the exercise of his authority under section 1348(a) of this Appendix" in 49 App.:1522 are omitted as surplus. The word "navigable" is added for clarity and consistency. In clause (A), the words "such zones or" are omitted as surplus.

In subsection (b)(4), the words "the military exception" are substituted for "any exception relating to military or naval functions" to eliminate unnecessary words and because "naval" is included in "military". The words "applies to a regulation prescribed under" are substituted for "In the exercise of the rulemaking authority . . . the Secretary of Transportation shall be subject to" to eliminate unnecessary words and because "rules" and "regulations" are synonymous.

Subsection (c) is added for clarity.

In subsection (d), the words "including the Canal Zone" are omitted because of the Panama Canal Treaty of 1977.

In subsection (e), before clause (1), the words "any landing area" are omitted as being included in the definition of "air navigation facility" in section 40102(a) of the revised title. The word "only" is added for clarity. In clause (2), the words "on September 3, 1982" are added for clarity.

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–63 substituted "individuals with disabilities" for "handicapped individuals".

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 85–726, title VI, §613(a), (b), as added by Pub. L.101–508, title IX, §9124, Nov. 5, 1990, 104 Stat. 1388–370, provided that:

"(a) National Disaster Areas.—Before the 180th day following the date of the enactment of this section [Nov. 5, 1990], the Administrator, for safety and humanitarian reasons, shall issue such regulations as may be necessary to prohibit or otherwise restrict aircraft overflights of any inhabited area which has been declared a national disaster area in the State of Hawaii.

"(b) Exceptions.—Regulations issued pursuant to subsection (a) shall not be applicable in the case of aircraft overflights involving an emergency or a ligitimate [sic] scientific purpose."

Update of FAA Standards To Allow Distribution and Use of Certain Restricted Routes and Terminal Procedures

Pub. L. 118–63, title III, §331, May 16, 2024, 138 Stat. 1089, provided that:

"(a) In General.—Not later than 9 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall update FAA [Federal Aviation Administration] standards to allow for the distribution and use of the Capstone Restricted Routes and Terminal Procedures by Wide Area Augmentation System-capable navigation equipment.

"(b) Contents.—In updating standards under subsection (a), the Administrator shall ensure that such standards provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes."

Airspace Access

Pub. L. 118–63, title VI, §604, May 16, 2024, 138 Stat. 1223, provided that:

"(a) Coalescing Airspace.—

"(1) Review of national airspace system.—Not later than 3 years 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, shall conduct a comprehensive review of the airspace of the national airspace system, including special use airspace.

"(2) Streamlining and expediting access.—In carrying out paragraph (1), the Administrator shall identify methods to streamline, expedite, and provide greater flexibility of access to certain categories of airspace for users of the national airspace system who may not regularly have such access.

"(b) Briefing.—

"(1) In general.—Not later than 3 months after the completion of review the 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 and a proposed action plan to improve access to airspace for users of the national airspace system.

"(2) Contents.—In the briefing under paragraph (1), the Administrator shall include, at a minimum, the following:

"(A) An identification of current challenges and barriers faced by airspace users in accessing certain categories of airspace, including special use airspace.

"(B) An evaluation of existing procedures, regulations, and requirements that may impede or delay access to certain categories of airspace for certain users of the national airspace system.

"(C) Actions for streamlining and expediting the airspace access process, including potential regulatory changes, technological advancements, and enhanced coordination among relevant stakeholders and Federal agencies.

"(D) If determined appropriate, an implementation plan for a framework that allows for temporary access to certain categories of airspace, including special use airspace, by users of the national airspace system who do not have regular access to such airspace.

"(E) An assessment of the impact of airspace access improvements described in paragraph (1) on the safety of, efficiency of, and economic opportunities for airspace users, including—

"(i) military operators;

"(ii) commercial operators; and

"(iii) general aviation operators.

"(3) Implementation and follow-up.—

"(A) Action plan.—The Administrator shall take such actions as are necessary to implement the action plan developed pursuant to this section.

"(B) Coordination.—In implementing the action plan under subparagraph (A), the Administrator shall coordinate with relevant stakeholders, including airspace users and the Secretary of Defense, to ensure effective implementation of such action plan, and ongoing collaboration in addressing airspace access challenges.

"(C) Progress reports.—The Administrator shall provide to the appropriate committees of Congress periodic briefings on the implementation of the action plan developed under this subparagraph (A), including updates on—

"(i) the adoption of streamlined procedures;

"(ii) technological enhancements; and

"(iii) any regulatory changes necessary to improve airspace access and flexibility."

Low-Altitude Rotorcraft and Powered-Lift Aircraft Instrument Flight Routes

Pub. L. 118–63, title VI, §627(b), May 16, 2024, 138 Stat. 1243, provided that:

"(1) 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 initiate a rulemaking process to establish or update, as appropriate, low altitude routes and flight procedures to ensure safe rotorcraft and powered-lift aircraft operations in the national airspace system.

"(2) Requirements.—In carrying out this subsection, the Administrator shall—

"(A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure;

"(B) prioritize the development of new helicopter area navigation instrument flight rules routes as part of the United States air traffic service route structure that utilize performance based navigation, such as Global Positioning System and Global Navigation Satellite System equipment; and

"(C) consider the impact of such low altitude flight routes on other airspace users and impacted communities to ensure that such routes are designed to minimize—

"(i) the potential for conflict with existing national airspace system operations;

"(ii) the workload of air traffic controllers; and

"(iii) negative effects to impacted communities.

"(3) Consultation.—In carrying out the rulemaking process under paragraph (1), the Administrator shall consult with—

"(A) stakeholders in the airport, heliport, rotorcraft manufacturer and operator, general aviation operator, powered-lift operator, air carrier, and performance based navigation technology manufacturer sectors;

"(B) the United States Helicopter Safety Team;

"(C) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and

"(D) other stakeholders determined appropriate by the Administrator."

Airshow Safety Team

Pub. L. 118–63, title VIII, §811, May 16, 2024, 138 Stat. 1326, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] may, as determined necessary by the Administration, coordinate with the General Aviation Joint Safety Committee to establish an Airshow Safety Team focused on airshow and aerial event safety.

"(b) Objective.—The objective of the Airshow Safety Team described in subsection (a) shall be to—

"(1) serve as a mechanism for Federal Government and industry cooperation, communication, and coordination on airshow and aerial event safety; and

"(2) reduce airshow and aerial event accidents and incidents through non-regulatory, proactive safety strategies.

"(c) Activities.—In carrying out the objectives pursuant to subsection (b), the Airshow Safety Team shall, at a minimum—

"(1) perform an analysis of airshow and aerial event accidents and incidents in conjunction with the Safety Analysis Team;

"(2) publish and update every 2 years after initial publication an Airshow Safety Plan that incorporates consensus based and data driven mitigation measures and non-regulatory safety strategies to improve and promote safety of the public, performers, and airport personnel; and

"(3) engage the airshow and aerial event community to—

"(A) communicate non-regulatory, proactive safety strategies identified by the Airshow Safety Plan to mitigate incidents; and

"(B) discuss best practices to uphold and maintain safety at events.

"(d) Membership.—The Administrator may request the Airshow Safety Team be comprised of at least 10 individuals, each of whom shall have knowledge or a background in the planning, execution, operation, or management of an airshow or aerial event.

"(e) Meetings.—The Airshow Safety Team shall meet at least twice a year at the direction of the co-chairs of the General Aviation Joint Safety Committee.

"(f) Construction.—Nothing in this section shall be construed to require an amendment to the charter of the General Aviation Joint Safety Committee."

Operating High-Speed Flights in High Altitude Class E Airspace

Pub. L. 118–63, title X, §1011, May 16, 2024, 138 Stat. 1392, provided that:

"(a) Research.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration], in consultation with the Administrator of NASA [National Aeronautics and Space Administration] and any other relevant stakeholders the Administrator determines appropriate, including industry and academia, shall undertake research to identify, to the maximum extent practicable, the minimum altitude above the upper boundary of Class A airspace, at or above which flights operating with speeds above Mach 1 generate sonic booms that do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions.

"(b) Hypersonic Defined.—In this section, the term 'hypersonic' means a flight operating at speeds that exceed Mach 5."

Rulemaking Related To Operating High-Speed Flights in High Altitude Class E Airspace

Pub. L. 118–63, title XI, §1108, May 16, 2024, 138 Stat. 1417, provided that:

"Not later than 2 years after the date on which the Administrator [of the Federal Aviation Administration] identifies the minimum altitude pursuant to section 1011, the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under section 1011 without specific authorization, provided that such flight operations—

"(1) show compliance with airworthiness requirements;

"(2) do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions;

"(3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and

"(4) comply with applicable environmental requirements."

Dynamic Airspace Pilot Program

Pub. L. 117–263, div. A, title X, §1093, Dec. 23, 2022, 136 Stat. 2812, provided that:

"(a) Pilot Program.—

"(1) Pilot program required.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2022], the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, shall establish a pilot program for the purpose of developing, testing, and assessing dynamic scheduling and management of special activity airspace in order to accommodate emerging military testing and training requirements, including—

"(A) special activity airspace for use by the Department of Defense for emerging military testing and training requirements of infrequent or limited durations; and

"(B) streamlining the process for the Department of Defense to request the designation of special activity airspace for activities described in subparagraph (A).

"(2) Development, test, and assessment of dynamic airspace.—Under the pilot program established under paragraph (1), the Administrator and the Secretary shall jointly test not less than two use cases concerning temporary or permanent special activity airspace established by the Federal Aviation Administration for use by the Department of Defense that develop, test, and assess—

"(A) the availability of such airspace on an infrequent or limited duration necessary to accommodate the Department of Defense's emerging military testing and training requirements; and

"(B) whether the processes for the Department of Defense to request special activity airspace for infrequent or limited duration military testing and training events meet Department of Defense testing and training requirements.

"(b) Requirements.—The pilot program established by subsection (a) shall not interfere with—

"(1) the public's right of transit consistent with national security;

"(2) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System;

"(3) the use of airspace necessary to ensure the efficient use of the National Airspace System; and

"(4) Department of Defense use of special activity airspace that is established through means other than the pilot program established by subsection (a).

"(c) Report by the Administrator.—

"(1) In general.—Not later than two years after the date of the establishment of the pilot program under subsection (a)(1), the Administrator shall submit to the appropriate committees of Congress a report on the interim findings of the Administrator with respect to the pilot program.

"(2) Elements.—The report submitted under paragraph (1) shall include an analysis of the following:

"(A) How the pilot program established under subsection (a)(1) affected policies on establishing and scheduling special activity airspace with an emphasis on the impact of allocation and utilization policies to other nonparticipating aviation users of the National Airspace System.

"(B) Whether the streamlined processes for dynamic scheduling and management of special activity airspace involved in the pilot program established under subsection (a)(1) contributed to—

"(i) the public's right of transit consistent with national security;

"(ii) the use of airspace necessary to ensure the safety of aircraft within the National Airspace System; and

"(iii) the use of airspace necessary to ensure the efficient use of the National Airspace System.

"(d) Report by the Secretary of Defense.—Not later than two years after the date of the establishment of the pilot program under subsection (a)(1), the Secretary shall submit to the appropriate committees of Congress a report on the interim findings of the Secretary with respect to the pilot program. Such report shall include an analysis of how the pilot program affected military testing and training.

"(e) Definitions.—In this section:

"(1) The term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

"(B) the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

"(2) The term 'special activity airspace' means the following airspace with defined dimensions within the National Airspace System wherein limitations may be imposed upon aircraft operations:

"(A) Restricted areas.

"(B) Military operations areas.

"(C) Air traffic control assigned airspace.

"(D) Warning areas.

"(3) The term 'use cases' means a compendium of airspace utilization data collected from the development, testing, and assessment conducted under subsection (a)(1), and other test points or metrics as agreed to by the Administrator and the Secretary, within a specific geographic region as determined by the Administrator and Secretary.

"(f) Duration.—The pilot program under subsection (a)(1) shall continue for not more than three years after the date on which it is established."

Deployment of Real-Time Status of Special Use Airspace

Pub. L. 116–283, div. A, title X, §1085, Jan. 1, 2021, 134 Stat. 3877, provided that: "Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], to the maximum extent practicable, the Administrator of the Federal Aviation Administration, in coordination with the Secretary of Defense, shall enable the automated public dissemination of information on the real-time status of the activation or deactivation of military operations areas and restricted areas in a manner that is similar to the manner that temporary flight restrictions are published and disseminated."

Air Traffic Control Operational Contingency Plans

Pub. L. 115–254, div. B, title V, §504, Oct. 5, 2018, 132 Stat. 3353, provided that:

"(a) Air Traffic Control Operational Contingency Plans.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall review the Administration's air traffic control operational contingency plans (FAA Order JO 1900.47E), and, as the Administrator considers appropriate, update such plans, to address potential air traffic facility outages that could have a major impact on the operation of the national airspace system, including the most recent findings and recommendations in the report under subsection (c).

"(b) Updates.—Not later than 60 days after the date the air traffic control operational contingency plans are reviewed under subsection (a), 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 review, including any recommendations for ensuring air traffic facility outages do not have a major impact on the operation of the national airspace system.

"(c) Resiliency Recommendations.—Not later than 180 days after the date of enactment of this Act, and periodically thereafter as the Administrator considers appropriate, the Administrator shall convene NextGen [Next Generation Air Transportation System] program officials to evaluate, expedite, and complete a report on how planned NextGen capabilities can enhance the resiliency and continuity of national airspace system operations and mitigate the impact of future air traffic control disruptions."

Air Shows

Pub. L. 118–63, title XI, §1115(a), May 16, 2024, 138 Stat. 1421, provided that:

"(a) Required Coordination.—

"(1) In general.—On an annual basis, the Administrator [of the Federal Aviation Administration] shall convene a meeting with representatives of FAA [Federal Aviation Administration]-approved air shows, the general aviation community, stadiums and other large outdoor events and venues or organizations that run such events, the Department of Homeland Security, and the Department of Justice—

"(A) to identify scheduling conflicts between FAA-approved air shows and large outdoor events and venues where—

"(i) flight restrictions will be imposed pursuant to section 521 of division F of the Consolidated Appropriations Act, 2004 [Pub. L. 108–199] (49 U.S.C. 40103 note); or

"(ii) any other restriction will be imposed pursuant to FAA Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen); and

"(B) in instances where a scheduling conflict between events is identified or is found to be likely to occur, develop appropriate operational and communication procedures to ensure for the safety and security of both events.

"(2) Scheduling conflict.—If the Administrator or any other stakeholder party to the required annual coordination required in paragraph (1) identifies a scheduling conflict outside of the annual meeting at any point prior to the scheduling conflict, the Administrator shall work with impacted stakeholders to develop appropriate operational and communication procedures to ensure for the safety and security of both events."

Pub. L. 115–254, div. B, title V, §512, Oct. 5, 2018, 132 Stat. 3356, provided that: "On an annual basis, the Administrator [of the Federal Aviation Administration] shall work with representatives of [Federal Aviation] Administration-approved air shows, the general aviation community, and stadiums and other large outdoor events and venues to identify and resolve, to the maximum extent practicable, scheduling conflicts between Administration-approved air shows and large outdoor events and venues where—

"(1) flight restrictions will be imposed pursuant to section 521 of title V of division F of Public Law 108–199 (118 Stat. 343) [set out below]; or

"(2) any other restriction will be imposed pursuant to Federal Aviation Administration Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen)."

Air Traffic Services at Aviation Events

Pub. L. 115–254, div. B, title V, §530, Oct. 5, 2018, 132 Stat. 3365, provided that:

"(a) Requirement to Provide Services and Related Support.—The Administrator [of the Federal Aviation Administration] shall provide air traffic services and aviation safety support for large, multiday aviation events, including airshows and fly-ins, where the average daily number of manned operations were 1,000 or greater in at least one of the preceding two years, without the imposition or collection of any fee, tax, or other charge for that purpose. Amounts for the provision of such services and support shall be derived from amounts appropriated or otherwise available for the [Federal Aviation] Administration.

"(b) Determination of Services and Support to Be Provided.—In determining the services and support to be provided for an aviation event for purposes of subsection (a), the Administrator shall take into account the following:

"(1) The services and support required to meet levels of activity at prior events, if any, similar to the event.

"(2) The anticipated need for services and support at the event."

Enhanced Air Traffic Services

Pub. L. 115–254, div. B, title V, §547, Oct. 5, 2018, 132 Stat. 3377, as amended by Pub. L. 118–15, div. B, title II, §2202(u), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(u), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(u), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title VI, §610, May 16, 2024, 138 Stat. 1226, 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 establish a pilot program to provide air traffic control services on a preferential basis to aircraft equipped with certain NextGen [Next Generation Air Transportation System] avionics that—

"(1) lasts at least 2 years; and

"(2) operates in at least 3 suitable airports.

"(b) Duration of Daily Service.—The air traffic control services provided under the pilot program established under subsection (a) shall occur for at least 3 consecutive hours between 0600 and 2200 local time during each day of the pilot program.

"(c) Airport Selection.—The Administrator shall designate airports for participation in the pilot program after consultation with aircraft operators, manufacturers, and airport sponsors.

"(d) Definitions.—In this section:

"(1) Certain nextgen avionics.—The term 'certain NextGen avionics' means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled 'Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report', issued on November 17, 2020.

"(2) Preferential basis.—The term 'preferential basis' means prioritizing aircraft equipped with certain NextGen avionics by providing them more efficient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system.

"(e) Sunset.—The pilot program established under subsection (a) shall terminate on September 30, 2028.

"(f) Report.—Not later than 90 days after the date on which the pilot program terminates, 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 results of the pilot program."

Maintaining Restrictions Under Certain NOTAMs

Pub. L. 108–199, div. F, title V, §521, Jan. 23, 2004, 118 Stat. 343, as amended by Pub. L. 118–63, title XI, §1115(b), May 16, 2024, 138 Stat. 1421, provided that:

"(a) In General.—The Secretary of Transportation—

"(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and

"(2) may not grant any waivers or exemptions from such restrictions, except—

"(A) as authorized by air traffic control for operational or safety purposes;

"(B) with respect to an event, stadium, or other venue—

"(i) for operational purposes;

"(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of (or attendees approved by) such team members and officials to and from such event, stadium, or venue;

"(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;

"(iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue;

"(v) for safety and security purposes related to such event, stadium, or venue; and

"(vi) to permit the safe operation of an aircraft that is operated by an airshow performer in connection with an airshow, provided such aircraft is not permitted to operate directly over the stadium (or adjacent parking facilities) during the sporting event; and

"(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.

"(b) Limitations on Use of Funds.—None of the funds appropriated or otherwise made available by title I of this Act [div. F of Pub. L. 108–199, see Tables for classification] may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection (a)(2).

"(c) Broadcast Contracts not Affected.—Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement."

National Airspace Redesign

Pub. L. 106–181, title VII, §736, Apr. 5, 2000, 114 Stat. 171, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day.

"(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700 different sectors.

"(3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays.

"(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry.

"(b) Redesign.—The Administrator [of the Federal Aviation Administration], with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system.

"(c) Report.—Not later than December 31, 2000, 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 Administrator's comprehensive national airspace redesign. The report shall include projected milestones for completion of the redesign and shall also include a date for completion.

"(d) Authorization.—There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for each of fiscal years 2000, 2001, and 2002."

§40104. Promotion of civil aeronautics and safety of air commerce

(a) Developing Civil Aeronautics and Safety of Air Commerce.—The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and safety of air commerce in and outside the United States.

(b) Airport Capacity Enhancement Projects at Congested Airports.—In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.

(c) Educational and Professional Development.—

(1) In general.—In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.

(2) Educational materials.—Based on the availability of resources, the Administrator shall—

(A) develop and distribute civil aviation information and educational materials; and

(B) provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.

(3) Content.—In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—

(A) ethical decision-making and the responsibilities of aerospace professionals;

(B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and

(C) responsibilities as a designee or representative of the Administrator.

(d) International Role and Assistance of the FAA.—

(1) In general.—In carrying out subsection (a), the Administrator shall promote and achieve global improvements in the safety, efficiency, and environmental effect of air travel by exercising leadership with the Administrator's foreign counterparts, in the International Civil Aviation Organization and its subsidiary organizations, and other international organizations and fora, and with the private sector.

(2) International presence.—The Administrator shall maintain an international presence to—

(A) assist foreign civil aviation authorities in—

(i) establishing robust aviation oversight practices and policies;

(ii) harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals;

(iii) validating and accepting foreign aircraft design and production approvals;

(iv) preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and

(v) appropriately adopting continuing airworthiness information, such as airworthiness directives;

(B) encourage the adoption of United States standards, regulations, and policies;

(C) establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;

(D) engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6); ¹

(E) validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production;

(F) support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;

(G) support the international safety activities of the United States aviation sector;

(H) maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and

(I) perform other activities as determined necessary by the Administrator.

(3) International offices.—In carrying out the responsibilities described in subsection (a), the Administrator—

(A) shall maintain international offices of the Administration;

(B) every 5 years, may review existing international offices to determine—

(i) the effectiveness of such offices in fulfilling the mission described in paragraph (2); and

(ii) the adequacy of resources and staffing to achieve the mission described in paragraph (2); and

(C) shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—

(i) where international civil aviation authorities are located;

(ii) where regional intergovernmental organizations are located;

(iii) in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and

(iv) in regions that have experienced substantial growth in aviation operations or manufacturing.

(4) Bilateral and multilateral engagement; technical assistance.—The Administrator shall—

(A) in consultation with the Secretary of State, engage bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis to bolster international collaboration, data sharing, and harmonization of international aviation safety requirements including through—

(i) sharing of continued operational safety information;

(ii) prioritization of pilot training deficiencies, including manual flying skills and flight crew training, to discourage over reliance on automation, further bolstering the components of airmanship;

(iii) encouraging the consideration of the safety advantages of appropriate Federal regulations, which may include relevant Federal regulations pertaining to flight crew training requirements; and

(iv) prioritizing any other flight crew training areas that the Administrator believes will enhance all international aviation safety; and

(B) seek to expand technical assistance provided by the Federal Aviation Administration in support of enhancing international aviation safety, including by—

(i) promoting and enhancing effective oversight systems, including operational safety enhancements identified through data collection and analysis;

(ii) promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities;

(iii) minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem;

(iv) supporting the sharing of safety information, best practices, risk assessments, and mitigations through established international aviation safety groups; and

(v) providing technical assistance on any other aspect of aviation safety that the Administrator determines is likely to enhance international aviation safety.

(5) Bilateral aviation safety agreements.—

(A) In general.—The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.

(B) Purpose.—The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—

(i) improve global aviation safety;

(ii) increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States;

(iii) ensure access to international markets for operators, service providers, and manufacturers from the United States; and

(iv) put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements.

(C) Scope.—The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.

(D) Contents.—Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as—

(i) airworthiness, certification, and validation;

(ii) maintenance;

(iii) operations and pilot training;

(iv) airspace access, efficiencies, and navigation services;

(v) transport category aircraft;

(vi) fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles;

(vii) aerodrome certification;

(viii) unmanned aircraft and associated elements of such aircraft;

(ix) flight simulation training devices;

(x) new or emerging technologies and technology trends; and

(xi) other topics as determined appropriate by the Administrator.

(E) Rule of construction.—Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.

(7) ² Strategic plan.—The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—

(A) all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);

(B) measures to fulfill the mission described in paragraph (2);

(C) initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws;

(D) policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;

(E) procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);

(F) all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation;

(G) establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and

(H) a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.

(e) Promotion of United States Aerospace Standards, Products, and Services Abroad.—The Secretary shall take appropriate actions to—

(1) promote United States aerospace-related safety standards abroad;

(2) facilitate and vigorously defend approvals of United States aerospace products and services abroad;

(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and

(4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.

(f) Travel.—The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—

(1) promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States;

(2) facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization;

(3) supporting the acceptance of Administration design and production approvals by other civil aviation authorities;

(4) training Administration personnel and training provided to other persons;

(5) engaging with regulated entities, including performing site visits;

(6) activities associated with subsections (c) through (e); and

(7) other activities as determined by the Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, §6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, §401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 108–176, title III, §303, title VIII, §813, Dec. 12, 2003, 117 Stat. 2533, 2590; Pub. L. 115–254, div. B, title II, §241, title V, §539(a), Oct. 5, 2018, 132 Stat. 3257, 3370; Pub. L. 116–260, div. V, title I, §119(f)(1), (2), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title III, §§356, 357(a), 358(a)–(c)(1), (d), 359, May 16, 2024, 138 Stat. 1114–1116, 1119, 1120.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40104	49 App.:1346.	Aug. 23, 1958, Pub. L. 85–726, §305, 72 Stat. 749.
	49 App.:1346a.	July 12, 1976, Pub. L. 94–353, §21, 90 Stat. 884.
	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 "and foster" in 49 App.:1346 are omitted as surplus. The words "In carrying out this section" are substituted for "In furtherance of his mandate to promote civil aviation" in 49 App.:1346a because of the restatement. The word "Administrator" is substituted for "Secretary of Transportation acting through the Administrator of the Federal Aviation Administration" for consistency with the source provisions restated in this section. The words "be designed so as to", "various aspects of", and "civil and" are omitted as surplus.

Pub. L. 103–429, §6(47)(A), (B)

This makes conforming amendments to 49:40104, as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1102), because of the restatement of 49 App.:1655(c)(1) (words after last comma) as 49:40104(b) by section 6(47)(C) of the bill.

Pub. L. 103–429, §6(47)(C)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40104(b)	49 App.:1655(c)(1) (words after last comma).	Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

Editorial Notes

References in Text

Paragraph (6), referred to in subsec. (d)(2)(D), is a reference to par. (6) of subsec. (d) of this section, which does not exist, but may instead be referring to par. (6) of subsec. (e) of section 40113 of this title, which relates to technical assistance to foreign governments and was enacted by the same section of Pub. L. 118–63 that enacted subsec. (d)(2) of this section containing the reference.

Section 243(b) of the FAA Reauthorization Act of 2018, referred to in subsec. (d)(7)(A), is section 243(b) of Pub. L. 115–254, which is set out in a note under section 44701 of this title.

Amendments

2024—Subsec. (a). Pub. L. 118–63, §356(1), struck out at end "In carrying out this subsection, the Administrator shall take action that the Administrator considers necessary to establish, within available resources, a program to distribute civil aviation information in each region served by the Administration. The program shall provide, on request, informational material and expertise on civil aviation to State and local school administrators, college and university officials, and officers of other interested organizations."

Subsec. (b). Pub. L. 118–63, §356(4), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (d).

Subsec. (c). Pub. L. 118–63, §357(a), added subsec. (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 118–63, §358(a)(1), inserted "and Assistance" after "International Role" in heading.

Pub. L. 118–63, §356(3), redesignated subsec. (b) as (d).

Subsec. (d)(1). Pub. L. 118–63, §358(a)(2), substituted "In carrying out subsection (a), the Administrator" for "The Administrator".

Subsec. (d)(2). Pub. L. 118–63, §358(a)(4), added par. (2). Former par. (2) redesignated (4).

Subsec. (d)(3). Pub. L. 118–63, §358(b), added par. (3).

Subsec. (d)(4). Pub. L. 118–63, §358(a)(3), redesignated par. (2) as (4).

Subsec. (d)(5). Pub. L. 118–63, §358(c)(1), added par. (5).

Subsec. (d)(7). Pub. L. 118–63, §358(d), added par. (7).

Subsec. (e). Pub. L. 118–63, §356(2), redesignated subsec. (d) as (e).

Subsec. (f). Pub. L. 118–63, §359, added subsec. (f).

2020—Subsec. (b). Pub. L. 116–260 designated existing provisions as par. (1), inserted heading, and added par. (2).

2018—Subsec. (c). Pub. L. 115–254, §539(a), substituted "section 47175" for "section 47176".

Subsec. (d). Pub. L. 115–254, §241, added subsec. (d).

2003—Subsec. (b). Pub. L. 108–176, §813, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary of Transportation may develop and construct a civil supersonic aircraft."

Subsec. (c). Pub. L. 108–176, §303, added subsec. (c).

1996—Pub. L. 104–264, §401(b)(1)(A), inserted "safety of" before "air commerce" in section catchline.

Subsec. (a). Pub. L. 104–264, §401(b)(1)(B), (C), inserted "Safety of" before "Air Commerce" in heading and "safety of" before "air commerce" in text.

1994—Pub. L. 103–429 designated existing provisions as subsec. (a), inserted heading, substituted "carrying out this subsection" for "carrying out this section", and added subsec. (b).

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 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.

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.

Support for Professional Development and Continuing Education

Pub. L. 118–63, title III, §357(b), May 16, 2024, 138 Stat. 1115, provided that: "The Administrator [of the Federal Aviation Administration] may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and continuing education of aerospace professionals."

Validation of Powered-Lift Aircraft

Pub. L. 118–63, title III, §358(c)(3), May 16, 2024, 138 Stat. 1118, provided that: "In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator [of the Federal Aviation Administration] shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles."

Powered-Lift Aircraft

Pub. L. 118–63, title III, §358(e), May 16, 2024, 138 Stat. 1119, provided that: "In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator [of the Federal Aviation Administration] shall—

"(1) perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures;

"(2) facilitate global acceptance of the approach of the FAA [Federal Aviation Administration] to certification of powered-lift aircraft, products, and articles; and

"(3) consider any other information determined appropriated by the Administrator."

International Pilot Training

Pub. L. 116–260, div. V, title I, §119(e), Dec. 27, 2020, 134 Stat. 2341, provided that:

"(1) In general.—The Secretary of Transportation, the Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for—

"(A) monitoring and managing the behavior and performance of automated systems;

"(B) controlling the flightpath of aircraft without autoflight systems engaged;

"(C) effectively utilizing and managing autoflight systems, when appropriate;

"(D) effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate; and

"(E) recognizing and responding appropriately to non-normal conditions.

"(2) International leadership.—The Secretary, the Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working with—

"(A) foreign counterparts of the Administrator in the ICAO and its subsidiary organizations;

"(B) other international organizations and fora; and

"(C) the private sector.

"(3) Considerations.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—

"(A) the latest information relating to human factors;

"(B) aircraft manufacturing trends, including those relating to increased automation in the cockpit;

"(C) the extent to which cockpit automation improves aviation safety and introduces novel risks;

"(D) the availability of opportunities for pilots to practice manual flying skills;

"(E) the need for consistency in maintaining and enhancing manual flying skills worldwide;

"(F) recommended practices of other countries that enhance manual flying skills and automation management; and

"(G) whether a need exists for initial and recurrent training standards for improve pilots' proficiency in manual flight and in effective management of autoflight systems.

"(4) Congressional briefing.—The Secretary, the Administrator, and other appropriate officials of the Government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection."

[For definitions of terms used in section 119(e) 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.]

International Efforts Regarding Tracking of Civil Aircraft

Pub. L. 115–254, div. B, title III, §304, Oct. 5, 2018, 132 Stat. 3261, provided that: "The Administrator [of the Federal Aviation Administration] shall exercise leadership on creating a global approach to improving aircraft tracking by working with—

"(1) foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;

"(2) other international organizations and fora; and

"(3) the private sector."

¹ See References in Text note below.

² So in original. No par. (6) has been enacted.

§40105. International negotiations, agreements, and obligations

(a) Advice and Consultation.—The Secretary of State shall advise the Administrator of the Federal Aviation Administration and the Secretaries of Transportation and Commerce, and consult with them as appropriate, about negotiations for an agreement with a government of a foreign country to establish or develop air navigation, including air routes and services. The Secretary of Transportation shall consult with the Secretary of State in carrying out this part to the extent this part is related to foreign air transportation.

(b) Actions of Secretary and Administrator.—(1) In carrying out this part, the Secretary of Transportation and the Administrator—

(A) shall act consistently with obligations of the United States Government under an international agreement;

(B) shall consider applicable laws and requirements of a foreign country; and

(C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title.

(2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this subsection.

(c) Consultation on International Air Transportation Policy.—In carrying out section 40101(e) of this title, the Secretaries of State and Transportation, to the maximum extent practicable, shall consult on broad policy goals and individual negotiations with—

(1) the Secretaries of Commerce and Defense;

(2) airport operators;

(3) scheduled air carriers;

(4) charter air carriers;

(5) airline labor;

(6) consumer interest groups;

(7) travel agents and tour organizers; and

(8) other groups, institutions, and governmental authorities affected by international aviation policy.

(d) Congressional Observers at International Aviation Negotiations.—The President shall grant to at least one representative of each House of Congress the privilege of attending international aviation negotiations as an observer if the privilege is requested in advance in writing.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40105(a)	49 App.:1462.	Aug. 23, 1958, Pub. L. 85–726, §802, 72 Stat. 783.
	49 App.:1551(b)(1)(B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745.
	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.
40105(b)	49 App.:1502(a).	Aug. 23, 1958, Pub. L. 85–726, §1102(a), 72 Stat. 797; Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	49 App.:1655(c)(1).
40105(c)	49 App.:1502(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(c), (d); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 43.
	49 App.:1551(b)(1)(E).
40105(d)	49 App.:1502(d).

In subsection (a), the words "government of a foreign country" are substituted for "foreign governments" in 49 App.:1462 and "foreign country" in 49 App.:1502(a) for consistency in the revised title and with other titles of the United States Code. The words "Secretary of Transportation" are substituted for "Department of Transportation" in 49 App.:1551(b)(1)(B) because of 49:102(b). The words "Secretary of State" are substituted for "Department of State" because of 22:2651.

In subsection (b)(1), before clause (A), the words "carrying out" are substituted for "exercising and performing . . . powers and duties" for consistency in the revised title and with other titles of the Code. In clause (A), the words "an international agreement" are substituted for "any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries" for consistency and to eliminate unnecessary words. In clause (C), the word "public" is added for consistency in this part.

In subsection (b)(2), the words "obligation, duty, or liability arising out of a contract or other" and "heretofore or hereafter" are omitted as surplus. The words "government of a foreign country" are substituted for "foreign country" for consistency in the revised title and with other titles of the Code. The last sentence is inserted to inform the reader that section 40106(b)(2) of the revised title qualifies this subsection.

In subsection (c), before clause (1), the words "To assist" are omitted as surplus. The words "carrying out" are substituted for "developing and implementing" for consistency in the revised title and with other titles of the Code. The word "both" is omitted as surplus. In clause (8), the word "authorities" is substituted for "agencies" for consistency in the revised title and with other titles of the Code.

Statutory Notes and Related Subsidiaries

Reciprocal Airworthiness Certification

Pub. L. 108–176, title VIII, §812, Dec. 12, 2003, 117 Stat. 2590, provided that:

"(a) In General.—As part of their bilateral negotiations with foreign nations and their civil aviation counterparts, the Secretary of State and the Administrator of the Federal Aviation Administration shall facilitate the reciprocal airworthiness certification of aviation products.

"(b) Reciprocal Airworthiness Defined.—In this section, the term 'reciprocal airworthiness certification of aviation products' means that the regulatory authorities of each nation perform a similar review in certifying or validating the certification of aircraft and aircraft components of other nations."

Report on Certain Bilateral Negotiations

Pub. L. 103–305, title V, §519, Aug. 23, 1994, 108 Stat. 1600, provided that: "The Secretary shall report every other month to the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United States aviation trade partners."

§40106. Emergency powers

(a) Deviations From Regulations.—Appropriate military authority may authorize aircraft of the armed forces of the United States to deviate from air traffic regulations prescribed under section 40103(b)(1) and (2) of this title when the authority decides the deviation is essential to the national defense because of a military emergency or urgent military necessity. The authority shall—

(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and

(2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a mutually agreeable basis.

(b) Suspension of Authority.—(1) When the President decides that the government of a foreign country is acting inconsistently with the Convention for the Suppression of Unlawful Seizure of Aircraft or that the government of a foreign country allows territory under its jurisdiction to be used as a base of operations or training of, or as a sanctuary for, or arms, aids, or abets, a terrorist organization that knowingly uses the unlawful seizure, or the threat of an unlawful seizure, of an aircraft as an instrument of policy, the President may suspend the authority of—

(A) an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country;

(B) a person to operate aircraft in foreign air commerce to and from that foreign country;

(C) a foreign air carrier to provide foreign air transportation between the United States and another country that maintains air service with the foreign country; and

(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign country.

(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part.

(3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a suspension of authority under this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1103.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40106(a)	49 App.:1348(f).	Aug. 23, 1958, Pub. L. 85–726, §307(f), 72 Stat. 750.
	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.
40106(b)	49 App.:1514.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1114; added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 413.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	49 App.:1655(c)(1).

In subsection (a), before clause (1), the words "armed forces" are substituted for "national defense forces" because of 10:101. The words "section 40103(b)(1) and (2) of this title" are substituted for "this subchapter" as being more precise. In clauses (1) and (2), the word "Administrator" in section 307(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). In clause (2), the words "fully" and "required" are omitted as surplus.

In subsection (b)(1), the words "government of a foreign country" are substituted for "foreign nation" for consistency in the revised title and with other titles of the Code. Before clause (A), the words "in a manner" and "in any way" are omitted as surplus. The word "authority" is substituted for "right" as being more precise and for consistency in the revised title.

In subsection (b)(2), the words "deemed to be" are omitted because a legal conclusion is being stated.

In subsection (b)(3), the words "by the President" are omitted as surplus.

Statutory Notes and Related Subsidiaries

Aircraft Piracy

The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.

§40107. Presidential transfers

(a) General Authority.—The President may transfer to the Administrator of the Federal Aviation Administration a duty, power, activity, or facility of a department, agency, or instrumentality of the executive branch of the United States Government, or an officer or unit of a department, agency, or instrumentality of the executive branch, related primarily to selecting, developing, testing, evaluating, establishing, operating, or maintaining a system, procedure, facility, or device for safe and efficient air navigation and air traffic control. In making a transfer, the President may transfer records and property and make officers and employees from the department, agency, instrumentality, or unit available to the Administrator.

(b) During War.—If war occurs, the President by executive order may transfer to the Secretary of Defense a duty, power, activity, or facility of the Administrator. In making the transfer, the President may transfer records, property, officers, and employees of the Administration to the Department of Defense.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40107(a)	49 App.:1345.	Aug. 23, 1958, Pub. L. 85–726, §§302(e), 304, 72 Stat. 746, 749.
	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.
40107(b)	49 App.:1343(c).
	49 App.:1655(c)(1).

In this section, the words "functions (including . . . parts of functions)" are omitted as included in "duty, power, activity, or facility".

In subsection (a), the words "of a department, agency, or instrumentality of the executive branch of the United States Government" are substituted for "the executive departments or agencies of the Government" for consistency in the revised title and with other titles of the United States Code. The word "unit" is substituted for "organizational entity" for clarity. The words "appropriate" and "civilian and military" are omitted as surplus. The words "officers and employees" are substituted for "personnel" for consistency in the revised title and with other titles of the Code. The words "to the Administrator" are added for clarity.

In subsection (b), the text of 49 App.:1343(c) (words before proviso) is omitted as obsolete. The words "Secretary of Defense" are substituted for "Department of Defense" because of 10:133(a). The words "prior to enactment of such proposed legislation" are omitted as obsolete because the legislation was not enacted. The word "appropriate" is omitted as surplus. The words "of the Administration to the Department of Defense" are added for clarity.

Executive Documents

Ex. Ord. No. 10786. Transfer of Functions of the Airways Modernization Board to the Administrator

Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:

Section 1. All functions (including powers, duties, activities, and parts of functions) of the Airways Modernization Board, including those of the Chairman thereof, are hereby transferred to the Administrator of the Federal Aviation Agency; and all records, property, facilities, employees, and unexpended balances of appropriations, allocations, and other funds of the Airways Modernization Board, are hereby transferred to the Federal Aviation Agency [now Federal Aviation Administration].

Sec. 2. Such further measures and dispositions, if any, as the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be necessary in connection with the transfers provided for hereinabove in respect of records, property, facilities, employees, and balances shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

Sec. 3. The provisions of this order shall become effective concurrently with the entering upon office as Administrator of the Federal Aviation Agency [now Federal Aviation Administration] of the first person appointed as Administrator. The functions transferred by section 1 hereof may be performed by the Administrator until the effective date of the repeal [Aug. 23, 1958] of the Airways Modernization Act of 1957 [former 49 U.S.C. 1211 et seq.] effected by section 1401(d) of the Federal Aviation Act of 1958 [Pub. L. 85–726].

Dwight D. Eisenhower.      

Ex. Ord. No. 10797. Delegation of authority to the Director of the Office of Management and Budget

Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:

Section 1. There is hereby delegated to the Director of the Bureau of the Budget [now the Office of Management and Budget] all authority vested in the President by the last sentence of section 304 [see 49 U.S.C. 40107(a)], and by sections 1502(a) and 1502(b), of the Federal Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L. 85–726, former 49 U.S.C. 1341 note], relating, respectively, (1) to providing in connection with transfers of functions made under other provisions of section 304, (i) for appropriate transfers of records and property, and (ii) for necessary civilian and military personnel to be made available from any office, department, or other agency from which transfers of functions are so made; (2) to determining the employees and property (including office equipment and official equipment and official records) employed by the Civil Aeronautics Board in the exercise and performance of those powers and duties which are vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et seq.], and which are vested by the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.] in the Federal Aviation Agency, and to specifying the date or dates upon which the transfers of officers, employees, and property (including office equipment and official records) under section 1502(a) shall occur; and (3) specifying the date or dates upon which transfers of unexpended balances of appropriations under section 1502(b) shall occur. Such further measures and dispositions as the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be necessary in connection with the exercise of the authority delegated to him by this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating to the Director of the Bureau of the Budget [now the Office of Management and Budget] the authority vested in the President by a certain provision of the Airways Modernization Act of 1957 [former 49 U.S.C. 1211 et seq.], is hereby revoked, such revocation to become effective on the date the repeal of that act takes effect under sections 1401(d) [repealing former 49 U.S.C. 1211–1215] and 1505(2) [former 49 U.S.C. 1301 note] of the Federal Aviation Act of 1958 (72 Stat. 806, 811).

Sec. 3. Except as otherwise provided in section 2 hereof, the provisions of this order shall become effective immediately.

Dwight D. Eisenhower.      

Ex. Ord. No. 11047. Delegation of Authority to Secretary of Defense and Administrator

Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By the virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. The Secretary of Defense and the Administrator of the Federal Aviation Administration are hereby designated and empowered to exercise jointly, without the approval, ratification, or other action of the President, the authority vested in the President by the first sentence of section 304 of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1345 (first sentence)) [see 49 U.S.C. 40107(a)] to transfer functions (including, as used in this order, powers, duties, activities, facilities, and parts of functions) as described in that sentence to the extent that the said authority is in respect of transfers from the Department of Defense or any officer or organizational entity thereof to the Administrator of the Federal Aviation Administration of functions relating to flight inspection of air navigation facilities.

Sec. 2. The Administrator and the Secretary shall exercise the authority hereinabove delegated to them only as they shall deem such exercise to be necessary or desirable in the interest of promoting, in respect of either civil or military aviation or both, safe and efficient air navigation and air traffic control.

Sec. 3. (a) To the extent necessitated by transfers of functions effected under the provisions of Section 1 of this order:

(1) Transfers of balances of appropriations available and necessary to finance and discharge the transferred functions shall be made under the authority of Section 202(b) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]) as affected by the provisions of section 1(k) of Executive Order No. 10530 of May 10, 1954 [set out as a note under section 301 of Title 3, The President].

(2) Provisions for appropriate transfers of records and property shall be made under the authority of the last sentence of Section 304 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as affected by the provisions of Section 1 of Executive Order No. 10797 of December 24, 1958 [set out above].

(b) Neither this order nor the said Executive Order No. 10797 shall be deemed to require or authorize the transfer of any civilian or military personnel from the Department of Defense to the Federal Aviation Administration, under authority of the said Section 304 [see 49 U.S.C. 40107(a)], in connection with transfers of functions effected under the provisions of Section 1 of this order.

Sec. 4. (a) In order to facilitate the orderly and timely accomplishment of the transfers and other arrangements mentioned in Section 3(a) of this order, the Secretary of Defense and the Administrator of the Federal Aviation Administration shall transmit to the Director of the Office of Management and Budget, not less than 30 days prior to the execution by them of any order or other transfer instrument in pursuance of the provisions of Section 1 of this order, all appropriate information in respect to any transfers or other arrangements proposed to be made in connection therewith under the provisions of Section 3 hereof, together with copy of the order or other transfer instrument proposed to be executed by them.

(b) In connection with any particular action or actions under Section 1 of this order, the Director of the Office of Management and Budget may either waive the requirements of Section 4(a), above, or reduce the 30 day period there prescribed.

Ex. Ord. No. 11161. Transfer of Federal Aviation Agency to Defense Department in Event of War

Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:

WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(b)] provides, in part, that in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facilities, and parts of functions) of the Federal Aviation Administration; and

WHEREAS it appears that the defense of the United States would require the transfer of the Federal Aviation Administration to the Department of Defense in the event of war; and

WHEREAS if any such transfer were to be made it would be essential to the defense of the United States that the transition be accomplished promptly and with maximum ease and effectiveness; and

WHEREAS these objectives require that the relationships that would obtain in the event of such a transfer as between the Federal Aviation Administration and the Department of Defense be understood in advance by the two agencies concerned and be developed in necessary detail by them in advance of transfer:

NOW, THEREFORE, by virtue of the authority vested in me by Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C. 40107(b)], and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

Section 1. The Secretary of Defense and the Secretary of Transportation are hereby directed to prepare and develop plans, procedures, policies, programs, and courses of action in anticipation of the probable transfer of the Federal Aviation Administration to the Department of Defense in the event of war. Those plans, policies, procedures, programs, and courses of action shall be prepared and developed in conformity with the following-described standards and conditions—

(A) The Federal Aviation Administration will function as an adjunct of the Department of Defense with the Federal Aviation Administrator being responsible directly to the Secretary of Defense and subject to his authority, direction, and control to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense.

(B) To the extent deemed by the Secretary of Defense to be necessary for the accomplishment of the military mission, he will be empowered to direct the Administrator to place operational elements of the Federal Aviation Administration under the direct operational control of appropriate military commanders.

(C) While functioning as an adjunct of the Department of Defense, the Federal Aviation Administration will remain organizationally intact and the Administrator thereof will retain responsibility for administration of his statutory functions, subject to the authority, direction, and control of the Secretary of Defense to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense.

Sec. 2. In furtherance of the objectives of the foregoing provisions of this order, the Secretary of Defense and the Secretary of Transportation shall, to the extent permitted by law, make such arrangements and take such actions as they deem necessary to assure—

(A) That the functions of the Federal Aviation Administration are performed during any period of national emergency short of war in a manner that will assure that essential national defense requirements will be satisfied during any such period of national emergency.

(B) Consistent with the provisions of paragraphs (A), (B), and (C) of Section 1 of this order, that any transfer of the Federal Aviation Administration to the Department of Defense, in the event of war, will be accomplished smoothly and rapidly and effective operation of the agencies and functions affected by the transfer will be achieved after the transfer.

Lyndon B. Johnson.      

§40108. Training schools

(a) Authority To Operate.—The Administrator of the Federal Aviation Administration may operate schools to train officers and employees of the Administration to carry out duties, powers, and activities of the Administrator.

(b) Attendance.—The Administrator may authorize officers and employees of other departments, agencies, or instrumentalities of the United States Government, officers and employees of governments of foreign countries, and individuals from the aeronautics industry to attend those schools. However, if the attendance of any of those officers, employees, or individuals increases the cost of operating the schools, the Administrator may require the payment or transfer of amounts or other consideration to offset the additional cost. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40108(a)	49 App.:1354(d) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §313(d), 72 Stat. 753.
	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.
40108(b)	49 App.:1354(d) (2d–last sentences).
	49 App.:1655(c)(1).

In this section, the word "Administrator" in section 313(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g). The words "school or" are omitted because of 1:1.

In subsection (a), the words "officers and" are added for clarity and consistency in the revised title and with other titles of the United States Code. The words "to carry out duties, powers, and activities of the Administrator" are substituted for "in those subjects necessary for the proper performance of all authorized functions of the Administration" for clarity and consistency in the revised title.

In subsection (b), the words "officers and employees" are substituted for "personnel", the words "departments, agencies, or instrumentalities of the United States Government" are substituted for "governmental", and the words "governments of foreign countries" are substituted for "foreign governments", for consistency in the revised title and with other titles of the Code. The words "courses given in", "sufficient", and "appropriate" are omitted as surplus. The text of 49 App.:1354(d) (3d sentence) is omitted as unnecessary because chapter 41 of title 5, United States Code, applies to all training of employees. The words "or both" are substituted for "(3) in part as provided under clause (1) and in part as provided under clause (2)" to eliminate unnecessary words.

§40109. Authority to exempt

(a) Air Carriers and Foreign Air Carriers Not Engaged Directly in Operating Aircraft.—(1) The Secretary of Transportation may exempt from subpart II of this part—

(A) an air carrier not engaged directly in operating aircraft in air transportation; or

(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.

(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.

(b) Safety Regulation.—The Administrator of the Federal Aviation Administration may grant an exemption from a regulation prescribed in carrying out paragraphs (1) and (2) of section 40103(b) when the Administrator decides the exemption is in the public interest.

(c) Other Economic Regulation.—Except as provided in this section, the Secretary may exempt to the extent the Secretary considers necessary a person or class of persons from a provision of chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, and sections 44909(a), 44909(b), and 46301(b) of this title, or a regulation or term prescribed under any of those provisions, when the Secretary decides that the exemption is consistent with the public interest.

(d) Labor Requirements.—The Secretary may not exempt an air carrier from section 42112 of this title. However, the Secretary may exempt from section 42112(b)(1) and (2) an air carrier not providing scheduled air transportation, and the operations conducted during daylight hours by an air carrier providing scheduled air transportation, when the Secretary decides that—

(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and

(2) the exemption would not affect adversely the public interest.

(e) Maximum Flying Hours.—The Secretary may not exempt an air carrier under this section from a provision referred to in subsection (c) of this section, or a regulation or term prescribed under any of those provisions, that sets maximum flying hours for pilots or copilots.

(f) Smaller Aircraft.—(1) An air carrier is exempt from section 41101(a)(1) of this title, and the Secretary may exempt an air carrier from another provision of subpart II of this part, if the air carrier—

(A)(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or

(ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and

(B) complies with liability insurance requirements and other regulations the Secretary prescribes.

(2) The Secretary may increase the passenger or payload capacities when the public interest requires.

(3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation.

(B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption from section 41101(a)(1) of this title, or the frequency with which the transportation may be provided, only when the Secretary decides that providing the transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title.

(g) Emergency Air Transportation by Foreign Air Carriers.—(1) To the extent that the Secretary decides an exemption is in the public interest, the Secretary may exempt by order a foreign air carrier from the requirements and limitations of this part for not more than 30 days to allow the foreign air carrier to carry passengers or cargo in interstate air transportation in certain markets if the Secretary finds that—

(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under section 41102 of this title cannot accommodate traffic in those markets;

(B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of—

(i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and

(ii) the air carriers' reservations systems to the extent practicable;

(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and

(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market is a result of the dispute.

(2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—

(A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;

(B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title; and

(C) review the exemption at least every 30 days (or, in the case of an exemption that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu'a, at least every 180 days) to ensure that the unusual circumstances that established the need for the exemption still exist.

(3) Renewal of exemptions.—

(A) In general.—Except as provided in subparagraph (B), the Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days.

(B) Exception.—The Secretary may renew an exemption (including renewals) under this subsection that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu'a for not more than 180 days.

(4) Continuation of exemptions.—An exemption granted by the Secretary under this subsection may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.

(h) Notice and Opportunity for Hearing.—The Secretary may act under subsections (d) and (f)(3)(B) of this section only after giving the air carrier notice and an opportunity for a hearing.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104; Pub. L. 104–287, §5(65), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 115–254, div. B, title IV, §402, div. K, title I, §1991(c)(1), Oct. 5, 2018, 132 Stat. 3328, 3627; Pub. L. 118–63, title XI, §1101(d), May 16, 2024, 138 Stat. 1413.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40109(a)	49 App.:1301(3) (proviso).	Aug. 23, 1958, Pub. L. 85–726, §§101(3) (proviso), 307(e), 416(b)(2), 72 Stat. 737, 750, 771.
	49 App.:1386(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(3)–(6); added Oct. 24, 1978, Pub. L. 95–504, §§31(b), 32, 92 Stat. 1732.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
40109(b)	49 App.:1348(e).
	49 App.:1551(b)(1)(E).
	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.
40109(c)	49 App.:1386(b)(1).	Aug. 23, 1958, Pub. L. 85–726, §416(b)(1), 72 Stat. 771; restated Oct. 24, 1978, Pub. L. 95–504, §31(a), 92 Stat. 1731.
	49 App.:1551(b)(1)(E).
40109(d)	49 App.:1386(b)(2) (less words between 6th and 7th commas, proviso).
	49 App.:1551(b)(1)(E).
40109(e)	49 App.:1386(b)(2) (proviso).
	49 App.:1551(b)(1)(E).
40109(f)	49 App.:1386(b)(4), (5), (6) (less words between 5th and 6th commas).
	49 App.:1551(b)(1)(E).
40109(g)	49 App.:1386(b)(7).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(7); added Feb. 15, 1980, Pub. L. 96–192, §13, 94 Stat. 39.
	49 App.:1551(b)(1)(E).
40109(h)	49 App.:1386(b)(2) (words between 6th and 7th commas), (6) (words between 5th and 6th commas).
	49 App.:1551(b)(1)(E).

In this section, the words "requirements of", "term", and "or limitation" are omitted as surplus. The word "rule" is omitted as being synonymous with "regulation". The word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(1), before clause (A), the words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The word "exempt" is substituted for "relieve" for consistency in this section.

In subsection (a)(2), the words "that the Secretary decides" are added for clarity.

In subsections (b), (c), and (f)(1)(B), the words "from time to time" are omitted as unnecessary.

In subsection (b), the word "Administrator" in section 307(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g).

In subsection (d), before clause (1), the words "to the extent" are omitted as surplus.

In subsection (f)(1), before clause (A), the words "Subject to paragraph (5) of this subsection" and "in air transportation" are omitted as surplus. The words "the Secretary may exempt" are substituted for "as may be prescribed in regulations promulgated by the Board" for clarity and to eliminate unnecessary words. In clause (A)(ii), the word "capacity" is omitted as surplus. In clause (B), the word "reasonable" is omitted as surplus. The word "prescribes" is substituted for "adopt" for consistency in the revised title and with other titles of the Code. The words "in the public interest" are omitted as surplus.

In subsection (f)(2), the words "by regulation" are omitted as surplus. The word "payload" is substituted for "property" for consistency in this subsection. The words "specified in this paragraph" are omitted as surplus.

In subsection (f)(3), the words "the State of" are omitted as surplus.

In subsection (f)(3)(A), the words "under this subsection" are substituted for "from section 1371 of this title or any other requirement of this chapter", the words "2 places" are substituted for "points both of which are", and the word "between" is substituted for "one of which is in . . . and the other in", to eliminate unnecessary words.

In subsection (f)(3)(B), the word "only" is added for clarity. The words "promulgated by the Board", "by such air carrier to points within such State", and "but not limited to" are omitted as surplus. The word "Alaska" is substituted for "such State" for clarity. The cross-reference is to section 41732(b)(1)(B) to correct an error in the source provisions. The cross-reference in 49 App.:1386(b)(6) to 49 App.:1389(c)(2) should have been to 49 App.:1389(f)(2). This error was not corrected when 49 App.:1389 was restated by section 202(b) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1508). The comparable provision is 49 App.:1389(k)(1)(A)(ii), restated as section 41732(b)(1)(B).

In subsection (g), the word "exemption" is substituted for "authorization" and "authority" for clarity and consistency.

In subsection (g)(1), before clause (A), the words "required", "a period", and "to the extent necessary" are omitted as surplus. The word "mail" is omitted as being included in "cargo". In clause (B), before subclause (i), the words "for example" are omitted as surplus.

In subsection (g)(3), the words "a period" are omitted as surplus.

In subsection (h), the words "The Secretary may act under subsections (d) and (f)(3)(B) of this section" are added because of the restatement. The word "notice" does not appear in 49 App.:1386(b)(6) (words between 5th and 6th commas) but is made applicable to both of the restated source provisions for consistency with subchapter II of chapter 5 of title 5, United States Code. The words "opportunity for a" are added for consistency in the revised title.

Pub. L. 104–287

This amends 49:40109(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1105), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.

Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–63 substituted "paragraphs (1) and (2) of section 40103(b)" for "sections 40103(b)(1) and (2) of this title".

2018—Subsec. (b). Pub. L. 115–254, §1991(c)(1)(A), struck out ", 40119, 44901, 44903, 44906, and 44935–44937" before "of this title".

Subsec. (c). Pub. L. 115–254, §1991(c)(1)(B), substituted "sections 44909(a), 44909(b), and" for "sections 44909 and".

Subsec. (g)(2)(C). Pub. L. 115–254, §402(1), added subpar. (C) and struck out former subpar. (C) which read as follows: "review the exemption at least every 30 days to ensure that the unusual circumstances that established the need for the exemption still exist."

Subsec. (g)(3), (4). Pub. L. 115–254, §402(2), added pars. (3) and (4) and struck out former par. (3) which read as follows: "The Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days. An exemption may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease."

1996—Subsec. (c). Pub. L. 104–287, §5(65)(B), substituted "sections 44909 and 46301(b)" for "section 46301(b)".

Pub. L. 104–287, §5(65)(A), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Authority To Grant Exemptions to Government Aircraft

Pub. L. 103–411, §3(b), Oct. 25, 1994, 108 Stat. 4237, provided that:

"(1) In general.—The Administrator of the Federal Aviation Administration may grant an exemption to any unit of Federal, State, or local government from any requirement of part A of subtitle VII of title 49, United States Code, that would otherwise be applicable to current or future aircraft of such unit of government as a result of the amendment made by subsection (a) of this section [amending section 40102 of this title].

"(2) Requirements.—The Administrator may grant an exemption under paragraph (1) only if—

"(A) the Administrator finds that granting the exemption is necessary to prevent an undue economic burden on the unit of government; and

"(B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe operations of the type of aircraft operated by the unit of government."

§40110. General procurement authority

(a) General.—In carrying out this part, the Administrator of the Federal Aviation Administration—

(1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;

(2) may construct and improve laboratories and other test facilities; and

(3) may dispose of any interest in property for adequate compensation, and the amount so received shall—

(A) be credited to the appropriation current when the amount is received;

(B) be merged with and available for the purposes of such appropriation; and

(C) remain available until expended.

(b) Purchase of Housing Units.—

(1) Authority.—In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less.

(2) Adjustments for inflation.—For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in paragraph (1) to take into account increases in local housing costs.

(3) Continuing obligations.—Notwithstanding section 1341 of title 31, the Administrator may purchase a housing unit under paragraph (1) even if there is an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and insurance.

(4) Certification to congress.—The Administrator may purchase a housing unit under paragraph (1) only if, at least 30 days before completing the purchase, the Administrator transmits 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—

(A) a description of the housing unit and its price;

(B) a certification that the price does not exceed the median price of housing units in the area; and

(C) a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part.

(5) Payment of fees.—The Administrator may pay, when due, fees resulting from the purchase of a housing unit under this subsection from any amounts made available to the Administrator.

(c) Duties and Powers.—When carrying out subsection (a) of this section, the Administrator of the Federal Aviation Administration may—

(1) notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;

(2) consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;

(3) construct, or acquire an interest in, a public building (as defined in section 3301(a) of title 40) only under a delegation of authority from the Administrator of General Services; and

(4) dispose of property under subsection (a)(3) of this section, except for airport and airway property and technical equipment used for the special purposes of the Administration, only under sections 121, 123, and 126 and chapter 5 of title 40.

(d) Acquisition Management System.—

(1) In general.—In consultation with such non-governmental experts in acquisition management systems as the Administrator may employ, and notwithstanding provisions of Federal acquisition law, the Administrator shall develop, implement, and periodically update an acquisition management system for the Administration that addresses the unique needs of the agency and, at a minimum, provides for—

(A) more timely and cost-effective acquisitions of equipment, services, property, and materials; and

(B) the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable.

(2) Applicability of federal acquisition law.—The following provisions of Federal acquisition law shall not apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1):

(A) Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(B) Division B (except sections 1704 and 2303) of subtitle I of title 41.

(C) The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355). However, section 4705 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system, the term "executive agency" is deemed to refer to the Federal Aviation Administration.

(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.

(E) The Competition in Contracting Act.

(F) Subchapter V of chapter 35 of title 31, relating to the procurement protest system.

(G) The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the Federal Acquisition Regulation.

(3) Certain provisions of division b (except sections 1704 and 2303) of subtitle i of title 41.—Notwithstanding paragraph (2)(B), chapter 21 of title 41 shall apply to the acquisition management system developed, implemented, and periodically updated under paragraph (1) with the following modifications:

(A) Sections 2101 and 2106 of title 41 shall not apply.

(B) The Administrator shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act, as in effect on October 9, 1996.

(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under division B of subtitle I of title 41 apply to the acquisition management system.

(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 2105(c)(1)(D) of title 41 in accordance with the procedures contained in the Administration's personnel management system.

(4) Commercial products and services.—In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—

(A) describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—

(i) functions to be performed;

(ii) performance required; or

(iii) essential physical and system characteristics;

(B) ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation;

(C) provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services;

(D) revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services;

(E) ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and

(F) ensure that procurement officials—

(i) acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;

(ii) in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products;

(iii) require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration;

(iv) modify procurement requirements in appropriate circumstances to ensure that such requirements can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and

(v) require training of appropriate personnel in the acquisition of commercial products and commercial services.

(5) Adjudication of certain bid protests and contract disputes.—A bid protest or contract dispute that is not addressed or resolved through alternative dispute resolution shall be adjudicated by the Administrator through Dispute Resolution Officers or Special Masters of the Federal Aviation Administration Office of Dispute Resolution for Acquisition, acting pursuant to sections 46102, 46104, 46105, 46106 and 46107 and shall be subject to judicial review under section 46110 and to section 504 of title 5.

(e) Prohibition on Release of Offeror Proposals.—

(1) General rule.—Except as provided in paragraph (2), a proposal in the possession or control of the Administrator may not be made available to any person under section 552 of title 5.

(2) Exception.—Paragraph (1) shall not apply to any portion of a proposal of an offeror the disclosure of which is authorized by the Administrator pursuant to procedures published in the Federal Register. The Administrator shall provide an opportunity for public comment on the procedures for a period of not less than 30 days beginning on the date of such publication in order to receive and consider the views of all interested parties on the procedures. The procedures shall not take effect before the 60th day following the date of such publication.

(3) Proposal defined.—In this subsection, the term "proposal" means information contained in or originating from any proposal, including a technical, management, or cost proposal, submitted by an offeror in response to the requirements of a solicitation for a competitive proposal.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1106; Pub. L. 103–429, §6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388; Pub. L. 104–264, title XII, §1201, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 106–181, title III, §307(b), title VII, §703, Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107–217, §3(n)(5), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–176, title II, §§222, 224(a), (b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108–178, §4(k), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 111–350, §5(o)(7), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 112–95, title II, §§206, 210, Feb. 14, 2012, 126 Stat. 39, 44; Pub. L. 115–254, div. B, title V, §544, Oct. 5, 2018, 132 Stat. 3374; Pub. L. 118–63, title II, §§218(b), 228, title XI, §1101(e), (f), May 16, 2024, 138 Stat. 1055, 1062, 1413.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40110(a)	49 App.:1344(a)(1) (less term of lease), (2) (words before 1st semicolon), (3).	Aug. 23, 1958, Pub. L. 85–726, §303(a)–(d), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–365.
40110(b)(1)	49 App.:1344(d).
40110(b) (2)(A)	49 App.:1344(a)(1) (related to term of lease).
40110(b) (2)(B)	49 App.:1344(b)(1).
40110(b) (2)(C)	49 App.:1344(b)(2).
40110(b) (2)(D)	49 App.:1344(c).
40110(b) (2)(E)	49 App.:1344(g).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, §303(g); added Oct. 31, 1992, Pub. L. 102–581, §201(a), 106 Stat. 4890.
40110(b) (2)(F)	49 App.:1344(a)(2) (words after 1st semicolon).

In this section, the word "Administrator" in section 303(a)–(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "In carrying out this part" are added for clarity. The words "on behalf of the United States . . . where appropriate" are omitted as surplus. In clause (1), the words "made by the Congress", "by purchase, condemnation . . . or otherwise", and "easements through or other" are omitted as surplus. In clause (2), the words "by sale, lease, or otherwise" and "real or personal" are omitted as surplus. In clause (3), the word "renovate" is omitted as surplus. The words "and to purchase or otherwise acquire real property required therefor" are omitted as surplus because of the authority of the Administrator to acquire real property under clause (1) of this subsection.

In subsection (b)(1), the words "procedures other than competitive procedures" are substituted for "noncompetitive procedures" for consistency with subsection (b)(2)(D) of this section and 41:253(f).

In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words before semicolon) and the words "easements through or other" are omitted as surplus.

In subsection (b)(2)(C), the words "by purchase, condemnation, or lease" are omitted as surplus.

Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to eliminate the cross-references to other laws and for clarity and is based on the text of 10:2304(c)(1).

Pub. L. 103–429

This amends 49:40110(a) to clarify the restatement of 49 App.:1344(a)(1)–(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1106).

Editorial Notes

References in Text

The Federal Acquisition Streamlining Act of 1994, referred to in subsec. (d)(2)(C), is Pub. L. 103–355, Oct. 13, 1994, 108 Stat. 3243. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts, and Tables.

The Small Business Act, referred to in subsec. (d)(2)(D), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 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 631 of Title 15 and Tables.

The Competition in Contracting Act, referred to in subsec. (d)(2)(E), probably means the Competition in Contracting Act of 1984, which is title VII of Pub. L. 98–369, div. B, July 18, 1984, 98 Stat. 1175. For complete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 101 of Title 41, Public Contracts, and Tables.

The Office of Federal Procurement Policy Act, referred to in subsec. (d)(3)(B), is Pub. L. 93–400, Aug. 30, 1974, 88 Stat. 796, which was classified principally to chapter 7 (§401 et seq.) of former Title 41, Public Contracts, and was substantially repealed and restated in division B (§1101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

Amendments

2024—Subsec. (c)(4). Pub. L. 118–63, §1101(e), substituted "subsection (a)(3)" for "subsection (a)(2)".

Subsec. (d)(1). Pub. L. 118–63, §228(1), substituted ", implement, and periodically update" for "and implement".

Subsec. (d)(2). Pub. L. 118–63, §228(2), in introductory provisions and subpar. (C), substituted "the acquisition management system developed, implemented, and periodically updated" for "the new acquisition management system developed and implemented".

Subsec. (d)(3). Pub. L. 118–63, §228(3)(A), in introductory provisions, struck out "new" before "acquisition" and substituted ", implemented, and periodically updated" for "and implemented".

Subsec. (d)(3)(B). Pub. L. 118–63, §1101(f)(1), inserted ", as in effect on October 9, 1996" after "Policy Act".

Pub. L. 118–63, §228(3)(B), substituted "The Administrator" for "Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator".

Subsec. (d)(3)(C). Pub. L. 118–63, §1101(f)(2), substituted "division B of subtitle I of title 41" for "the Office of Federal Procurement Policy Act".

Subsec. (d)(3)(D). Pub. L. 118–63, §1101(f)(3), substituted "section 2105(c)(1)(D) of title 41" for "section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act".

Subsec. (d)(4). Pub. L. 118–63, §228(5), added par. (4). Former par. (4) redesignated (5).

Subsec. (d)(5). Pub. L. 118–63, §228(4), redesignated par. (4) as (5). Former par. (5) struck out.

Pub. L. 118–63, §218(b), struck out par. (5) which related to annual reports on the purchase of foreign manufactured articles.

2018—Subsec. (d)(5). Pub. L. 115–254 added par. (5).

2012—Subsec. (a)(2), (3). Pub. L. 112–95, §210, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

"(2) may dispose of an interest in property for adequate compensation; and

"(3) may construct and improve laboratories and other test facilities."

Subsec. (c)(3) to (5). Pub. L. 112–95, §206, inserted "and" at end of par. (3), redesignated par. (5) as (4), and struck out former par. (4) which read as follows: "use procedures other than competitive procedures only when the property or services needed by the Administrator of the Federal Aviation Administration are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the Administrator; and".

2011—Subsec. (d)(2)(A). Pub. L. 111–350, §5(o)(7)(A), substituted "Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266)".

Subsec. (d)(2)(B). Pub. L. 111–350, §5(o)(7)(B), substituted "Division B (except sections 1704 and 2303) of subtitle I of title 41" for "The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".

Subsec. (d)(2)(C). Pub. L. 111–350, §5(o)(7)(C), substituted "(Public Law 103–355). However, section 4705 of title 41 shall apply to the new acquisition management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system," for "(Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system,".

Subsec. (d)(3). Pub. L. 111–350, §5(o)(7)(D)(i), (ii), substituted "division b (except sections 1704 and 2303) of subtitle i of title 41" for "the office of federal procurement policy act" in heading and "chapter 21 of title 41" for "section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)" in text.

Subsec. (d)(3)(A). Pub. L. 111–350, §5(o)(7)(D)(iii), substituted "Sections 2101 and 2106 of title 41" for "Subsections (f) and (g)".

2003—Subsec. (c). Pub. L. 108–176, §224(a), struck out par. (1), which related to the senior procurement executive, par. (2) designation before "may—", and subpar. (D) of par. (2), which related to use procedures other than competitive procedures, redesignated subpars. (A), (B), (C), (E), and (F) of par. (2) as pars. (1) to (5), respectively, and realigned margins.

Subsec. (d)(1). Pub. L. 108–176, §224(b)(1), struck out ", not later than January 1, 1996," after "shall develop and implement", substituted "provides for—" for "provides for more timely and cost-effective acquisitions of equipment and materials.", and added subpars. (A) and (B).

Subsec. (d)(2)(C). Pub. L. 108–176, §222, substituted "(Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system, the term 'executive agency' is deemed to refer to the Federal Aviation Administration." for "(Public Law 103–355)."

Subsec. (d)(2)(G). Pub. L. 108–178, §4(k)(3), substituted "subparagraphs (A) through (F)" for "subparagraphs (A) through (G)".

Pub. L. 108–178, §4(k)(1), (2), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: "The Brooks Automatic Data Processing Act (40 U.S.C. 759)."

Subsec. (d)(2)(H). Pub. L. 108–178, §4(k)(2), redesignated subpar. (H) as (G).

Subsec. (d)(4). Pub. L. 108–176, §224(b)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "This subsection shall take effect on April 1, 1996."

2002—Subsec. (c)(2)(C). Pub. L. 107–217, §3(n)(5)(A), substituted "(as defined in section 3301(a) of title 40)" for "(as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612))".

Subsec. (c)(2)(F). Pub. L. 107–217, §3(n)(5)(B), substituted "sections 121, 123, and 126 and chapter 5 of title 40" for "title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)".

2000—Subsecs. (d), (e). Pub. L. 106–181 added subsecs. (d) and (e).

1996—Subsecs. (b), (c). Pub. L. 104–264 added subsec. (b) and redesignated former subsec. (b) as (c).

1994—Subsec. (a). Pub. L. 103–429, §6(48), in introductory provisions, struck out "may" after "Administration", in par. (1), struck out "acquire," before "to the extent" and substituted "may acquire services or, by condemnation or otherwise," for "services or", and in pars. (2) and (3), inserted "may" after par. designation.

Subsec. (b)(2)(A). Pub. L. 103–429, §6(80), inserted "notwithstanding section 1341(a)(1) of title 31," before "lease".

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendments

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

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 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.

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.

Contracting

Pub. L. 112–95, title VIII, §814, Feb. 14, 2012, 126 Stat. 125, provided that: "When drafting contract proposals for training facilities under the general contracting authority of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration shall ensure—

"(1) the proposal is drafted so that all parties can fairly compete; and

"(2) the proposal takes into consideration the most cost-effective location, accessibility, and services options."

FAA Evaluation of Long-Term Capital Leasing

Pub. L. 106–181, title VII, §704, Apr. 5, 2000, 114 Stat. 157, authorized the Administrator of the Federal Aviation Administration to carry out a pilot program in fiscal years 2001 through 2003 to test and evaluate the benefits of long-term contracts for the leasing of aviation equipment and facilities and to enter into certain types of contracts for this purpose.

Assessment of Acquisition Management System

Pub. L. 104–264, title II, §251, Oct. 9, 1996, 110 Stat. 3236, provided that: "Not later than April 1, 1999, the Administrator [of the Federal Aviation Administration] shall employ outside experts to provide an independent evaluation of the effectiveness of the Administration's [Federal Aviation Administration] acquisition management system within 3 months after such date. The Administrator shall transmit a copy of the evaluation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives."

Pub. L. 104–205, title III, §351, Sept. 30, 1996, 110 Stat. 2979, provided that: "Not later than December 31, 1997, the Administrator of the Federal Aviation Administration shall—

"(a) take such action as may be necessary to provide for an independent assessment of the acquisition management system of the Federal Aviation Administration that includes a review of any efforts of the Administrator in promoting and encouraging the use of full and open competition as the preferred method of procurement with respect to any contract that involves an amount greater than $50,000,000; and

"(b) submit to the Congress a report on the findings of that independent assessment: Provided, That for purposes of this section, the term 'full and open competition' has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))."

Acquisition Management System for Federal Aviation Administration

Pub. L. 104–50, title III, §348, Nov. 15, 1995, 109 Stat. 460, required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, an acquisition management system, exempt from specified federal procurement and acquisition laws, to provide for more timely and cost-effective acquisitions of equipment and materials, prior to repeal by Pub. L. 106–181, title III, §307(d), Apr. 5, 2000, 114 Stat. 126.

Alternative Procurement and Acquisition Pilot Program

Pub. L. 103–355, title V, §5063, Oct. 13, 1994, 108 Stat. 3356, provided that:

"(a) Authority.—The Secretary of Transportation may conduct a test of alternative and innovative procurement procedures in carrying out acquisitions for one of the modernization programs under the Airway Capital Investment Plan prepared pursuant to section 44501(b) of title 49, United States Code. In conducting such test, the Secretary shall consult with the Administrator for Federal Procurement Policy.

"(b) Pilot Program Implementation.—(1) The Secretary of Transportation should prescribe policies and procedures for the interaction of the program manager and the end user executive responsible for the requirement for the equipment acquired. Such policies and procedures should include provisions for enabling the end user executive to participate in acceptance testing.

"(2) Not later than 45 days after the date of enactment of this Act [Oct. 13, 1994], the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition management costs.

"(3) The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—

"(A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and

"(B) reduce data requirements from the current program review reporting requirements.

"(c) Special Authorities.—The authority provided by subsection (a) shall include authority for the Secretary of Transportation—

"(1) to apply any amendment or repeal of a provision of law made in this Act [see Short Title of 1994 Amendment note set out under section 251 of Title 41, Public Contracts] to the pilot program before the effective date of such amendment or repeal; and

"(2) to apply to a procurement of items other than commercial items under such program—

"(A) any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and

"(B) any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items,

before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items.

"(d) Applicability.—Subsection (c) applies with respect to—

"(1) a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act [Oct. 13, 1994]; and

"(2) a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date.

"(e) Procedures Authorized.—The test conducted under this section may include any of the following procedures:

"(1) Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered.

"(2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered.

"(3) Alternative notice and publication requirements.

"(4) A process in which—

"(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that—

"(i) contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and

"(ii) invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);

"(B) contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and

"(C) a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A).

"(f) Waiver of Procurement Regulations.—(1) In conducting the test under this section, the Secretary of Transportation, with the approval of the Administrator for Federal Procurement Policy, may waive—

"(A) any provision of the Federal Acquisition Regulation that is not required by statute; and

"(B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to test procedures authorized by subsection (e).

"(2) The provisions of law referred to in paragraph (1) are as follows:

"(A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).

"(B) The following provisions of the Federal Property and Administrative Services Act of 1949:

"(i) Section 303 ([former] 41 U.S.C. 253) [see 41 U.S.C. 3105, 3301, 3303 to 3305].

"(ii) Section 303A ([former] 41 U.S.C. 253a) [see 41 U.S.C. 3306].

"(iii) Section 303B ([former] 41 U.S.C. 253b) [now 41 U.S.C. 3308, 3701 to 3708, 4702].

"(iv) Section 303C [former] (41 U.S.C. 253c) [now 41 U.S.C. 3311].

"(C) The following provisions of the Office of Federal Procurement Policy Act:

"(i) Section 4(6) ([former] 41 U.S.C. 403(6)) [see 41 U.S.C. 107].

"(ii) Section 18 ([former] 41 U.S.C. 416) [see 41 U.S.C. 1708].

"(g) Definition.—In this section, the term 'commercial item' has the meaning provided that term in section 4(12) of the Office of Federal Procurement Policy Act [see 41 U.S.C. 103].

"(h) Expiration of Authority.—The authority to conduct the test under subsection (a) and to award contracts under such test shall expire 4 years after the date of the enactment of this Act. Contracts entered into before such authority expires shall remain in effect, notwithstanding the expiration of the authority to conduct the test under this section.

"(i) Rule of Construction.—Nothing in this section shall be construed as authorizing the appropriation or obligation of funds for the test conducted pursuant to subsection (a)."

§40111. Multiyear procurement contracts for services and related items

(a) General Authority.—Notwithstanding section 1341(a)(1)(B) of title 31, the Administrator of the Federal Aviation Administration may make a contract of not more than 5 years for the following types of services and items of supply related to those services for which amounts otherwise would be available for obligation only in the fiscal year for which appropriated:

(1) operation, maintenance, and support of facilities and installations.

(2) operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment.

(3) specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.

(4) base services, including ground maintenance, aircraft refueling, bus transportation, and refuse collection and disposal.

(b) Required Findings.—The Administrator may make a contract under this section only if the Administrator finds that—

(1) there will be a continuing requirement for the service consistent with current plans for the proposed contract period;

(2) providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling, training, or transporting a specialized workforce; and

(3) the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.

(c) Considerations.—When making a contract under this section, the Administrator shall be guided by the following:

(1) The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between the period of contract performance and the anticipated useful commercial life (instead of physical life) of the plant or equipment, considering the location and specialized nature of the plant or equipment, obsolescence, and other similar factors.

(2) The Administrator shall consider the desirability of—

(A) obtaining an option to renew the contract for a reasonable period of not more than 3 years, at a price that does not include charges for nonrecurring costs already amortized; and

(B) reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant or equipment, to take title to the plant or equipment under appropriate circumstances.

(d) Ending Contracts.—A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—

(1) an appropriation originally available for carrying out the contract;

(2) an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or

(3) amounts appropriated for payments to end the contract.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1107.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40111(a)	49 App.:1344(e)(1).	Aug. 23, 1958, Pub. L. 85–726, §303(e), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–366.
40111(b)	49 App.:1344(e)(2).
40111(c)	49 App.:1344(e)(3).
40111(d)	49 App.:1344(e)(4).

In this section, the word "Administrator" in section 303(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "periods of" are omitted as surplus. In clause (3), the words "training of" are added for clarity. In clause (4), the word "aircraft" is substituted for "in-plane" for clarity.

In subsection (c)(2)(A), the words "plant, equipment, and other" are omitted as surplus.

In subsection (d), the words "canceled or" and "cancellation or" are omitted as being included in "ended" and "ending", respectively.

§40112. Multiyear procurement contracts for property

(a) General Authority.—Notwithstanding section 1341(a)(1)(B) of title 31 and to the extent that amounts otherwise are available for obligation, the Administrator of the Federal Aviation Administration may make a contract of more than one but not more than 5 fiscal years to purchase property, except a contract to construct, alter, or make a major repair or improvement to real property.

(b) Required Findings.—The Administrator may make a contract under this section if the Administrator finds that—

(1) the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs;

(2) the minimum need for the property to be purchased is expected to remain substantially unchanged during the proposed contract period in terms of production rate, procurement rate, and total quantities;

(3) there is a reasonable expectation that throughout the proposed contract period the Administrator will request appropriations for the contract at the level required to avoid cancellation;

(4) there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and

(5) the estimates of the contract costs and the anticipated savings from the contract are realistic.

(c) Regulations.—The Administrator shall prescribe regulations for acquiring property under this section to promote the use of contracts under this section in a way that will allow the most efficient use of those contracts. The regulations may provide for a cancellation provision in the contract to the extent the provision is necessary and in the best interest of the United States. The provision may include consideration of recurring and nonrecurring costs of the contractor associated with producing the item to be delivered under the contract. The regulations shall provide that, to the extent practicable—

(1) to broaden the aviation industrial base—

(A) a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and

(B) on accrual of a payment or other benefit accruing on a contract under this section to a subcontractor, vendor, or supplier participating in the contract, the payment or benefit shall be delivered in the most expeditious way practicable; and

(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails the existing ability of the Administrator to provide for—

(A) competition in producing items to be delivered under a contract under this section; or

(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.

(d) Contract Provisions.—(1) A contract under this section may—

(A) be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace system;

(B) provide that performance under the contract after the first year is subject to amounts being appropriated; and

(C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.

(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.

(e) Cancellation Payment and Notice of Cancellation Ceiling.—(1) If a contract under this section provides that performance is subject to an appropriation being made, it also may provide for a cancellation payment to be made to the contractor if the appropriation is not made.

(2) Before awarding a contract under this section containing a cancellation ceiling of more than $100,000,000, the Administrator shall give written notice of the proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The contract may not be awarded until the end of the 30-day period beginning on the date of the notice.

(f) Ending Contracts.—A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—

(1) an appropriation originally available for carrying out the contract;

(2) an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or

(3) amounts appropriated for payments to end the contract.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1108; Pub. L. 104–106, div. E, title LVI, §5606, Feb. 10, 1996, 110 Stat. 700; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40112(a)	49 App.:1344(f)(1) (words before 4th comma), (6), (7) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §303(f), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–367.
40112(b)	49 App.:1344(f)(1) (words after 4th comma).
40112(c)	49 App.:1344(f)(2).
40112(d) (1)(A)	49 App.:1344(f)(4) (words before 3d comma).
40112(d) (1)(B)	49 App.:1344(f)(7) (last sentence words before "and (if").
40112(d) (1)(C)	49 App.:1344(f)(8).
40112(d)(2)	49 App.:1344(f)(4) (words after 3d comma).
40112(e)(1)	49 App.:1344(f)(7) (last sentence words after "of funds").
40112(e)(2)	49 App.:1344(f)(3).
40112(f)	49 App.:1344(f)(5).

In this section, the word "Administrator" in section 303(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).

In subsection (a), the reference in 49 App.:1344(f)(7) to a contract for the purchase of services is omitted as surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property.

In subsection (b)(5), the word "savings" is substituted for "cost avoidance" for clarity.

In subsection (c), before clause (1), the word "both" is omitted as surplus. In clause (1)(A), the words "in such a manner as" and "companies that are" are omitted as surplus. In clause (1)(B), the words "accruing on" are substituted for "under" for clarity. The words "subcontractor" and "contract" are substituted for "subcontract" and "contractor", respectively, to correct errors in the source provisions being restated.

In subsection (d)(1)(B), the words "after the first year" are substituted for "during the second and subsequent years of the contract" to eliminate unnecessary words.

In subsection (e)(2), the words "a clause setting forth" are omitted as surplus.

In subsection (f), the words "canceled or" and "cancellation or" are omitted as being included in "ended" and "ending", respectively.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–106 struck out "or a contract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies" after "improvement to real property".

Subsec. (e)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.

§40113. Administrative

(a) General Authority.—The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.

(b) Hazardous Material.—In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under section 5103 of this title. However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in section 232 of title 18) or ammunition for a firearm, when transported by an individual for personal use.

(c) Governmental Assistance.—The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.

(d) Indemnification.—The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.

(e) Assistance to Foreign Aviation Authorities.—

(1) Safety-related training and operational services.—The Administrator may provide safety-related training and operational services to foreign aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.

(2) Reimbursement sought.—The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.

(3) Crediting appropriations.—Funds received by the Administrator pursuant to this section shall—

(A) be credited to the appropriation current when the amount is received;

(B) be merged with and available for the purposes of such appropriation; and

(C) remain available until expended.

(4) Authorization of appropriations.—There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.

(6) ¹ Technical assistance outside of agreements.—In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—

(A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and

(B) the engagement is to provide inherently governmental technical assistance and training.

(7) Inherently governmental technical assistance and training defined.—In this subsection, the term "inherently governmental technical assistance and training" means technical assistance and training that—

(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;

(B) must be accomplished using agency expertise and authority; and

(C) relates to—

(i) international aviation safety assessment technical reviews and technical assistance;

(ii) aerodrome safety and certification;

(iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements;

(iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities;

(v) operation and maintenance of air navigation system equipment, procedures, and personnel; or

(vi) training and exercises in support of aviation safety, efficiency, and security.

(f) Application of Certain Regulations to Alaska.—In amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska, the Administrator of the Federal Aviation Administration shall consider the extent to which Alaska is not served by transportation modes other than aviation, and shall establish such regulatory distinctions as the Administrator considers appropriate.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, §202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, §156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107–71, title I, §140(c), Nov. 19, 2001, 115 Stat. 641; Pub. L. 112–95, title II, §207, Feb. 14, 2012, 126 Stat. 39; Pub. L. 115–254, div. K, title I, §1991(c)(2), Oct. 5, 2018, 132 Stat. 3627; Pub. L. 116–260, div. V, title I, §119(g), Dec. 27, 2020, 134 Stat. 2342; Pub. L. 118–63, title II, §218(c), title III, §358(c)(2), May 16, 2024, 138 Stat. 1055, 1117.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40113(a)	49 App.:1324(a).	Aug. 23, 1958, Pub. L. 85–726, §§204(a), 313(a), 72 Stat. 743, 752.
	49 App.:1354(a).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
40113(b)	49 App.:1472(h)(1), (3).	Aug. 23, 1958, Pub. L. 85–726, §902(h)(1), (3), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, §113(c), 88 Stat. 2162, 2163.
40113(c)	49 App.:1505.	Aug. 23, 1958, Pub. L. 85–726, §1105, 72 Stat. 798; Oct. 15, 1962, Pub. L. 87–810, §3, 76 Stat. 921.
	49 App.:1655(c)(1).
40113(d)	49 App.:1354(e).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §313(e); added Dec. 30, 1987, Pub. L. 100–223, §205, 101 Stat. 1521.

In subsections (a), (c), and (d), the word "Administrator" in sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752, 798) is retained on authority of 49:106(g).

Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to eliminate unnecessary words. The word "standards" is added for consistency.

In subsection (b), the words "his responsibilities under" and "safe" are omitted as surplus.

In subsection (c), the words "department, agency, and instrumentality" are substituted for "agency" and "governmental agency" for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is omitted as superseded by 49 App.:1903(b), restated in sections 1105, 1110, and 1111 of the revised title. The word "existing" is omitted as surplus.

In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).

Editorial Notes

Amendments

2024—Subsec. (e)(4), (5). Pub. L. 118–63, §218(c), redesignated par. (5) as (4) and struck out former par. (4) which related to required reporting of list of foreign aviation authorities that were provided services under subsec. (e).

Subsec. (e)(6), (7). Pub. L. 118–63, §358(c)(2), added pars. (6) and (7).

2020—Subsec. (e)(1). Pub. L. 116–260, §119(g)(1), inserted "The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship." after "safety or efficiency."

Subsec. (e)(5). Pub. L. 116–260, §119(g)(2), added par. (5).

2018—Subsec. (a). Pub. L. 115–254, §1991(c)(2)(A), substituted "the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or" for "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or", "carried out by that Administrator" for "carried out by the Administrator", and ", Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration," for ", Under Secretary, or Administrator,".

Subsec. (d). Pub. L. 115–254, §1991(c)(2)(B), struck out "Under Secretary of Transportation for Security or the" before "Administrator of the Federal Aviation Administration" and substituted "employee of the Federal Aviation Administration" for "employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be," and "that the Administrator" for "that the Under Secretary or Administrator, as the case may be,".

2012—Subsec. (e)(1). Pub. L. 112–95, §207(1), inserted "(whether public or private)" after "authorities" and substituted "safety or efficiency. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6)." for "safety."

Subsec. (e)(2). Pub. L. 112–95, §207(2), inserted at end "The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears."

Subsec. (e)(3). Pub. L. 112–95, §207(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "Funds received by the Administrator pursuant to this section shall be credited to the appropriation from which the expenses were incurred in providing such services."

2001—Subsec. (a). Pub. L. 107–71, §140(c)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" before "the Administrator of the Federal Aviation Administration" and substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (d). Pub. L. 107–71, §140(c)(2), inserted "Under Secretary of Transportation for Security or the" after "The" and substituted "employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be," for "employee of the Administration" and "the Under Secretary or Administrator, as the case may be, decides" for "the Administrator decides".

2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).

1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).

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.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 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.

Intra-Agency Coordination

Pub. L. 115–254, div. B, title V, §520, Oct. 5, 2018, 132 Stat. 3362, provided that: "Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall implement a policy that—

"(1) designates the Associate Administrator for Commercial Space Transportation as the primary liaison between the commercial space transportation industry and the [Federal Aviation] Administration;

"(2) recognizes the necessity of, and set [sic] forth processes for, launch license and permit holder coordination with the Air Traffic Organization on matters including—

"(A) the use of air navigation facilities;

"(B) airspace safety; and

"(C) planning of commercial space launch and launch support activities;

"(3) designates a single point of contact within the Air Traffic Organization who is responsible for—

"(A) maintaining letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility;

"(B) making such letters of agreement available to the Associate Administrator for Commercial Space Transportation;

"(C) ensuring that a facility that has entered into such a letter of agreement is aware of and fulfills its responsibilities under the letter; and

"(D) liaising between the Air Traffic Organization and the Associate Administrator for Commercial Space Transportation on any matter relating to such a letter of agreement; and

"(4) requires the Associate Administrator for Commercial Space Transportation to facilitate, upon the request of a launch license or permit holder—

"(A) coordination between a launch license and permit holder and the Air Traffic Organization; and

"(B) the negotiation of letters of agreement between a launch license or permit holder and a Federal Aviation Administration facility or the Air Traffic Organization."

Administrative Services Franchise Fund

Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, as amended by Pub. L. 118–63, title II, §227, May 16, 2024, 138 Stat. 1062, provided in part that: "There is hereby established in the Treasury a fund, to be available without fiscal year limitation, for the costs of capitalizing and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund may be reimbursed after performance or paid in advance from funds available to the FAA and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP) software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA financial management, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury."

Aircraft Purchase Loan Guarantee Program

Pub. L. 106–69, title III, §337, Oct. 9, 1999, 113 Stat. 1022, which provided that none of the funds in Pub. L. 106–69 were to be available for activities under the Aircraft Purchase Loan Guarantee Program during fiscal year 2000, was from the Department of Transportation and Related Agencies Appropriations Act, 2000, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 105–277, div. A, §101(g) [title I], Oct. 21, 1998, 112 Stat. 2681–439, 2681-446.

Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431.

Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957.

Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442.

Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476.

Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205.

Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527.

Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924.

Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161.

Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076.

Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131.

Pub. L. 100–202, §101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329-363.

Pub. L. 99–500, §101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–190, §101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1273.

Pub. L. 98–473, title I, §3101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1950.

Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458.

Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339.

¹ So in original. There is no par. (5).

§40114. Reports and records

(a) Written Reports.—(1) Except as provided in this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall make a written report of each proceeding and investigation under this part in which a formal hearing was held and shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirements of the Secretary or Administrator as appropriate.

(2) The Secretary (or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for public use. A publication of the Secretary or Administrator is competent evidence of its contents.

(b) Public Records.—Except as provided in subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Secretary is the custodian of those records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by the Secretary and in a judicial proceeding.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40114(a)(1)	49 App.:1324(d) (1st, 2d sentences).	Aug. 23, 1958, Pub. L. 85–726, §§204(d), 313(b), 1103, 72 Stat. 743, 753, 797.
	49 App.:1354(b) (1st, 2d sentences).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
40114(a)(2)	49 App.:1324(d) (3d, last sentences).
	49 App.:1354(b) (3d, last sentences).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
40114(b)	49 App.:1503.
	49 App.:1551(b)(1)(E).

In subsection (a), the word "Administrator" in section 313(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g).

In subsection (a)(1), the words "otherwise", "requirement in the premises", and "shall be entered of record" are omitted as surplus.

In subsection (a)(2), the word "rules" is omitted as being synonymous with "regulations". The word "prescribes" is added for consistency in the revised title and with other titles of the United States Code. The words "under this chapter" and "information and" are omitted as surplus. The words "A publication of the Secretary or Administrator is competent evidence of its contents" is substituted for 49 App.:1324(d) (last sentence) to eliminate unnecessary words and for consistency.

In subsection (b), the words "otherwise", "all contracts, agreements, understandings, and", "annual or other", "of air carriers and other persons", and "preserved as" are omitted as surplus. The last sentence is substituted for 49 App.:1503 (words after 7th comma) to eliminate unnecessary words and for consistency.

Statutory Notes and Related Subsidiaries

Consolidation or Elimination of Obsolete, Redundant, or Otherwise Unnecessary Reports; Use of Electronic Media Format

Pub. L. 112–95, title VIII, §806, Feb. 14, 2012, 126 Stat. 121, provided that:

"(a) Consolidation or Elimination of Reports.—Not later than 2 years after the date of enactment of this Act [Feb. 14, 2012], and every 2 years thereafter, the Administrator of the Federal Aviation Administration shall submit 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 containing—

"(1) a list of obsolete, redundant, or otherwise unnecessary reports the Administration is required by law to submit to Congress or publish that the Administrator recommends eliminating or consolidating with other reports; and

"(2) an estimate of the cost savings that would result from the elimination or consolidation of those reports.

"(b) Use of Electronic Media for Reports.—

"(1) In general.—Notwithstanding any other provision of law, the Administration—

"(A) may not publish any report required or authorized by law in a printed format; and

"(B) shall publish any such report by posting it on the Administration's Internet Web site in an easily accessible and downloadable electronic format.

"(2) Exception.—Paragraph (1) does not apply to any report with respect to which the Administrator determines that—

"(A) its publication in a printed format is essential to the mission of the Administration; or

"(B) its publication in accordance with the requirements of paragraph (1) would disclose matter—

"(i) described in section 552(b) of title 5, United States Code; or

"(ii) the disclosure of which would have an adverse impact on aviation safety or security, as determined by the Administrator."

§40115. Withholding information

(a) Objections to Disclosure.—(1) A person may object to the public disclosure of information—

(A) in a record filed under this part; or

(B) obtained under this part by the Secretary of Transportation or State or the United States Postal Service.

(2) An objection must be in writing and must state the reasons for the objection. The Secretary of Transportation or State or the Postal Service shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information would—

(A) prejudice the United States Government in preparing and presenting its position in international negotiations; or

(B) have an adverse effect on the competitive position of an air carrier in foreign air transportation.

(b) Withholding Information From Congress.—This section does not authorize information to be withheld from a committee of Congress authorized to have the information.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40115	49 App.:1504.	Aug. 23, 1958, Pub. L. 85–726, §1104, 72 Stat. 797; restated Oct. 24, 1978, Pub. L. 95–504, §39, 92 Stat. 1743; Feb. 15, 1980, Pub. L. 96–192, §19, 94 Stat. 43.

In subsection (a)(1)(B), the words "the Secretary of Transportation or State or the United States Postal Service" are substituted for "the Board, the Secretary of State, or the Secretary of Transportation" because under 49 App.:1551 the duties of the Civil Aeronautics Board were transferred to the Secretary of Transportation and the Postal Service.

In subsection (a)(2), the words "shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information" are substituted for "shall be withheld from public disclosure by the Board, the Secretary of State or the Secretary of Transportation" for clarity and because of the restatement.

In subsection (b), the words "The Board, the Secretary of State, or the Secretary of Transportation, as the case may be, shall be responsible for classified information in accordance with appropriate law" are omitted as surplus.

§40116. State taxation

(a) Definition.—In this section, "State" includes the District of Columbia, a territory or possession of the United States, and a political authority of at least 2 States.

(b) Prohibitions.—Except as provided in subsection (c) of this section and section 40117 of this title, a State, a political subdivision of a State, and any person that has purchased or leased an airport under section 47134 of this title may not levy or collect a tax, fee, head charge, or other charge on—

(1) an individual traveling in air commerce;

(2) the transportation of an individual traveling in air commerce;

(3) the sale of air transportation; or

(4) the gross receipts from that air commerce or transportation.

(c) Aircraft Taking Off or Landing in State.—A State or political subdivision of a State may levy or collect a tax on or related to a flight of a commercial aircraft or an activity or service on the aircraft only if the aircraft takes off or lands in the State or political subdivision as part of the flight.

(d) Unreasonable Burdens and Discrimination Against Interstate Commerce.—(1) In this subsection—

(A) "air carrier transportation property" means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or uses.

(B) "assessment" means valuation for a property tax levied by a taxing district.

(C) "assessment jurisdiction" means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.

(D) "commercial and industrial property" means property (except transportation property and land used primarily for agriculture or timber growing) devoted to a commercial or industrial use and subject to a property tax levy.

(2)(A) A State, political subdivision of a State, or authority acting for a State or political subdivision may not do any of the following acts because those acts unreasonably burden and discriminate against interstate commerce:

(i) assess air carrier transportation property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.

(ii) levy or collect a tax on an assessment that may not be made under clause (i) of this subparagraph.

(iii) levy or collect an ad valorem property tax on air carrier transportation property at a tax rate greater than the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.

(iv) levy or collect a tax, fee, or charge, first taking effect after August 23, 1994, exclusively upon any business located at a commercial service airport or operating as a permittee of such an airport other than a tax, fee, or charge wholly utilized for airport or aeronautical purposes.

(v) except as otherwise provided under section 47133, levy or collect a tax, fee, or charge, first taking effect after the date of enactment of this clause, upon any business located at a commercial service airport or operating as a permittee of such an airport that is not generally imposed on sales or services by that State, political subdivision, or authority unless wholly utilized for airport or aeronautical purposes.

(B) Subparagraph (A) of this paragraph does not apply to an in lieu tax completely used for airport and aeronautical purposes.

(e) Other Allowable Taxes and Charges.—Except as provided in subsection (d) of this section, a State or political subdivision of a State may levy or collect—

(1) taxes (except those taxes enumerated in subsection (b) of this section), including property taxes, net income taxes, franchise taxes, and sales or use taxes on the sale of goods or services; and

(2) reasonable rental charges, landing fees, and other service charges from aircraft operators for using airport facilities of an airport owned or operated by that State or subdivision.

(f) Pay of Air Carrier Employees.—(1) In this subsection—

(A) "pay" means money received by an employee for services.

(B) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.

(C) an employee is deemed to have earned 50 percent of the employee's pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.

(2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the following:

(A) the State or political subdivision of the State that is the residence of the employee.

(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.

(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee's authorized leave or other authorized absence from regular duties on the carrier's aircraft in order to perform services on behalf of the employee's airline union shall be subject to the income tax laws of only the following:

(A) The State or political subdivision of the State that is the residence of the employee.

(B) The State or political subdivision of the State in which the employee's scheduled flight time would have been more than 50 percent of the employee's total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier's aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111; Pub. L. 103–305, title I, §112(e), title II, §208, Aug. 23, 1994, 108 Stat. 1576, 1588; Pub. L. 104–264, title I, §149(b), Oct. 9, 1996, 110 Stat. 3226; Pub. L. 104–287, §5(66), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 115–254, div. B, title I, §159(a), Oct. 5, 2018, 132 Stat. 3220.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40116(a)	49 App.:1513(d)(2)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(d); added Sept. 3, 1982, Pub. L. 97–248, §532(b), 96 Stat. 701.
	49 App.:1513(f) (words in parentheses).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(f); added Nov. 5, 1990, Pub. L. 101–508, §9125, 104 Stat. 1388–370.
40116(b)	49 App.:1513(a).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(a); added June 18, 1973, Pub. L. 93–44, §7(a), 87 Stat. 90; Nov. 5, 1990, Pub. L. 101–508, §9110(1), 104 Stat. 1388–357.
40116(c)	49 App.:1513(f) (less words in parentheses).
40116(d)	49 App.:1513(d)(1), (2)(A)–(D), (3).
40116(e)	49 App.:1513(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(b); added June 18, 1973, Pub. L. 93–44, §7(a), 87 Stat. 90; Sept. 3, 1982, Pub. L. 97–248, §532(a), 96 Stat. 701.
40116(f) (1)(A), (B)	49 App.:1512(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1112; added Dec. 23, 1970, Pub. L. 91–569, §4(a), 84 Stat. 1502; restated Feb. 18, 1980, Pub. L. 96–193, §402, 94 Stat. 57.
40116(f) (1)(C)	49 App.:1512(b).
40116(f)(2)	49 App.:1512(a).

Subsection (a) is made applicable to subsections (b) and (e) of this section to avoid having to repeat the term being defined. In subsection (a), the words "Commonwealth of Puerto Rico, the Virgin Islands, Guam" are omitted as surplus because of the definition of "territory or possession of the United States" in section 40102(a) of the revised title. The word "authority" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), before clause (1), reference to 49 App.:1513(f), restated as subsection (c) of this section, is added for clarity. The words "directly or indirectly" are omitted as surplus. The text of 49 App.:1513(a) (words after "subsection (e) and") is omitted as surplus.

In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and (2), the word "political" is added for consistency in the revised title and with other titles of the Code.

In subsection (f)(1)(A), the word "pay" is substituted for "compensation" for consistency in the revised title and with chapter 55 of title 5, United States Code. The words "rendered by the employee in the performance of his duties and shall include wages and salary" are omitted as surplus.

In subsection (f)(1)(B), the words "means a State of the United States" are substituted for "also means" for clarity.

In subsection (f)(1)(C), the words "of a State" are added for clarity.

In subsection (f)(2), before clause (A), the words "as such an employee" are omitted as surplus.

Pub. L. 104–287

This amends 49:40116(d)(2)(A)(iv) to conform to the style of title 49 and to set out the effective date for this clause.

Editorial Notes

References in Text

The date of enactment of this clause, referred to in subsec. (d)(2)(A)(v), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Subsec. (d)(2)(A)(v). Pub. L. 115–254 added cl. (v).

1996—Subsec. (b). Pub. L. 104–264, in introductory provisions, substituted "a State, a" for "a State or" and inserted ", and any person that has purchased or leased an airport under section 47134 of this title" after "of a State".

Subsec. (d)(2)(A)(iv). Pub. L. 104–287, which directed substitution of "August 23, 1994" for "the date of enactment of this clause", was executed by making the substitution for "the date of the enactment of this clause" to reflect the probable intent of Congress.

Pub. L. 104–287 substituted "levy" for "Levy".

1994—Subsec. (d)(2)(A)(iv). Pub. L. 103–305, §112(e), added cl. (iv).

Subsec. (f)(3). Pub. L. 103–305, §208, added par. (3).

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.

Construction of 2018 Amendment

Pub. L. 115–254, div. B, title I, §159(b), Oct. 5, 2018, 132 Stat. 3220, provided that: "Nothing in this section [amending this section] or an amendment made by this section shall affect a change to a rate or other provision of a tax, fee, or charge under section 40116 of title 49, United States Code, that was enacted prior to the date of enactment of this Act [Oct. 5, 2018]. Such provision of a tax, fee, or charge shall continue to be subject to the requirements to which such provision was subject under that section as in effect on the day before the date of enactment of this Act."

§40117. Passenger facility charges

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

(1) Airport, commercial service airport, and public agency.—The terms "airport", "commercial service airport", and "public agency" have the meaning those terms have under section 47102.

(2) Eligible agency.—The term "eligible agency" means a public agency that controls a commercial service airport.

(3) Eligible airport-related project.—The term "eligible airport-related project" means any of the following projects:

(A) A project for airport development or airport planning under subchapter I of chapter 471.

(B) A project for terminal development described in section 47119(a).

(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.

(D) A project for airport noise capability planning under section 47505.

(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504.

(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate.

(G) A project for converting vehicles and ground support equipment used at a commercial service airport to low-emission technology (as defined in section 47102) or to use cleaner burning conventional fuels, retrofitting of any such vehicles or equipment that are powered by a diesel or gasoline engine with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, or acquiring for use at a commercial service airport vehicles and ground support equipment that include low-emission technology or use cleaner burning fuels if the airport is located in an air quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a) and if such project will result in an airport receiving appropriate emission credits as described in section 47139.

(H) A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development.

(I) A project for the replacement of existing workspace elements (including any associated in-kind facility or equipment within or immediately adjacent to a terminal development or renovation project at such airport) related to the relocation of a Federal agency on airport grounds due to such terminal development or renovation project for which development costs are eligible costs under this section.

(4) Ground support equipment.—The term "ground support equipment" means service and maintenance equipment used at an airport to support aeronautical operations and related activities.

(5) Passenger facility charge.—The term "passenger facility charge" means a charge imposed under this section.

(6) Passenger facility revenue.—The term "passenger facility revenue" means revenue derived from a passenger facility charge.

(b) General Authority.—(1) Except as provided under subsection (l), the Secretary of Transportation may authorize under this section an eligible agency to impose a passenger facility charge of $1, $2, $3, $4, or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, to be carried out in connection with the airport or any other airport the agency controls.

(2) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible agency may not regulate or prohibit the imposition or collection of a passenger facility charge or the use of the passenger facility revenue.

(3) A passenger facility charge may be imposed on a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service airport that the agency controls.

(4) Maximum cost for certain low-emission technology projects.—The maximum cost that may be financed by imposition of a passenger facility charge under this section for a project described in subsection (a)(3)(G) with respect to a vehicle or ground support equipment may not exceed the incremental amount of the project cost that is greater than the cost of acquiring a vehicle or equipment that is not low-emission and would be used for the same purpose, or the cost of low-emission retrofitting, as determined by the Secretary.

(5) Debt service for certain projects.—In addition to the uses specified in paragraph (1), the Secretary may authorize a passenger facility charge imposed under paragraph (1) to be used for making payments for debt service on indebtedness incurred to carry out at the airport a project that is not an eligible airport-related project if the Secretary determines that such use is necessary due to the financial need of the airport.

(6) Noise mitigation for certain schools.—

(A) In general.—In addition to the uses specified in paragraphs (1) and (5), the Secretary may authorize a passenger facility charge imposed under paragraph (1) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if—

(i) the Secretary determines that the building is adversely affected by airport noise;

(ii) the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such judgment and final order;

(iii) the project is for a school identified in 1 of the settlement agreements effective February 16, 2005, between the airport and each of the school districts;

(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; and

(v) the project otherwise meets the requirements of this section for authorization of a passenger facility charge.

(B) Eligible project costs.—In subparagraph (A)(iv), the term "eligible project costs" means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.

(c) Applications.—(1) An eligible agency must submit to the Secretary an application for authority to impose a passenger facility charge. The application shall contain information and be in the form that the Secretary may require by regulation.

(2) Before submitting an application, the eligible agency must provide reasonable notice to, and an opportunity for consultation with, air carriers and foreign air carriers operating at the airport. The Secretary shall prescribe regulations that define reasonable notice and contain at least the following requirements:

(A) The agency must provide written notice of individual projects being considered for financing by a passenger facility charge and the date and location of a meeting to present the projects to air carriers and foreign air carriers operating at the airport.

(B) Not later than 30 days after written notice is provided under subparagraph (A) of this paragraph, each air carrier and foreign air carrier operating at the airport must provide to the agency written notice of receipt of the notice. Failure of a carrier to provide the notice may be deemed certification of agreement with the project by the carrier under subparagraph (D) of this paragraph.

(C) Not later than 45 days after written notice is provided under subparagraph (A) of this paragraph, the agency must conduct a meeting to provide air carriers and foreign air carriers with descriptions of projects and justifications and a detailed financial plan for projects.

(D) Not later than 30 days after the meeting, each air carrier and foreign air carrier must provide to the agency certification of agreement or disagreement with projects (or total plan for the projects). Failure to provide the certification is deemed certification of agreement with the project by the carrier. A certification of disagreement is void if it does not contain the reasons for the disagreement.

(E) The agency must include in its application or notice submitted under subparagraph (A) copies of all certifications of agreement or disagreement received under subparagraph (D).

(F) For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied the requirements of this paragraph if the eligible agency limits such notices and consultations to air carriers and foreign air carriers that have a significant business interest at the airport. In the subparagraph, the term "significant business interest" means an air carrier or foreign air carrier that had no less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior calendar year, or provides scheduled service at the airport.

(3) Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment. The Secretary shall prescribe regulations that define reasonable notice and provide for at least the following under this paragraph:

(A) A requirement that the eligible agency provide public notice of intent to collect a passenger facility charge so as to inform those interested persons and agencies that may be affected. The public notice may include—

(i) publication in local newspapers of general circulation;

(ii) publication in other local media; and

(iii) posting the notice on the agency's Internet website.

(B) A requirement for submission of public comments no sooner than 30 days, and no later than 45 days, after the date of the publication of the notice.

(C) A requirement that the agency include in its application or notice submitted under subparagraph (A) copies of all comments received under subparagraph (B).

(4) After receiving an application, the Secretary may provide notice and an opportunity to air carriers, foreign air carriers, and other interested persons to comment on the application. The Secretary shall make a final decision on the application not later than 120 days after receiving it.

(d) Limitations on Approving Applications.—The Secretary may approve an application that an eligible agency has submitted under subsection (c) of this section to finance a specific project only if the Secretary finds, based on the application, that—

(1) the amount and duration of the proposed passenger facility charge will result in revenue (including interest and other returns on the revenue) that is not more than the amount necessary to finance the specific project;

(2) each project is an eligible airport-related project that will—

(A) preserve or enhance capacity, safety, or security of the national air transportation system;

(B) reduce noise resulting from an airport that is part of the system; or

(C) provide an opportunity for enhanced competition between or among air carriers and foreign air carriers;

(3) the application includes adequate justification for each of the specific projects; and

(4) in the case of an application to impose a charge of more than $3.00 for an eligible surface transportation or terminal project, the agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.

(e) Limitations on Imposing Charges.—(1) An eligible agency may impose a passenger facility charge only—

(A) if the Secretary approves an application that the agency has submitted under subsection (c) of this section or a passenger facility charge imposition is authorized under subsection (l); and

(B) subject to reasonable terms the Secretary may prescribe to carry out the objectives of this section.

(2) A passenger facility charge may not be collected from a passenger—

(A) for more than 2 boardings on a one-way trip or a trip in each direction of a round trip;

(B) for the boarding to an eligible place under subchapter II of chapter 417 of this title for which essential air service compensation is paid under subchapter II;

(C) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement, including any case in which the passenger obtained the ticket for the air transportation with a frequent flier award coupon without monetary payment;

(D) on flights, including flight segments, between 2 or more points in Hawaii;

(E) in Alaska aboard an aircraft having a seating capacity of less than 60 passengers; and

(F) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement due to charter arrangements and payment by the Department of Defense.

(f) Limitations on Contracts, Leases, and Use Agreements.—(1) A contract between an air carrier or foreign air carrier and an eligible agency made at any time may not impair the authority of the agency to impose a passenger facility charge or to use the passenger facility revenue as provided in this section.

(2) A project financed with a passenger facility charge may not be subject to an exclusive long-term lease or use agreement of an air carrier or foreign air carrier, as defined by regulations of the Secretary.

(3) A lease or use agreement of an air carrier or foreign air carrier related to a project whose construction or expansion was financed with a passenger facility charge may not restrict the eligible agency from financing, developing, or assigning new capacity at the airport with passenger facility revenue.

(g) Treatment of Revenue.—(1) Passenger facility revenue is not airport revenue for purposes of establishing a price under a contract between an eligible agency and an air carrier or foreign air carrier.

(2) An eligible agency may not include in its price base the part of the capital costs of a project paid for by using passenger facility revenue to establish a price under a contract between the agency and an air carrier or foreign air carrier.

(3) For a project for terminal development, gates and related areas, or a facility occupied or used by at least one air carrier or foreign air carrier on an exclusive or preferential basis, a price payable by an air carrier or foreign air carrier using the facilities must at least equal the price paid by an air carrier or foreign air carrier using a similar facility at the airport that was not financed with passenger facility revenue.

(4) Passenger facility revenues that are held by an air carrier or an agent of the carrier after collection of a passenger facility charge constitute a trust fund that is held by the air carrier or agent for the beneficial interest of the eligible agency imposing the charge. Such carrier or agent holds neither legal nor equitable interest in the passenger facility revenues except for any handling fee or retention of interest collected on unremitted proceeds as may be allowed by the Secretary.

(h) Compliance.—(1) As necessary to ensure compliance with this section, the Secretary shall prescribe regulations requiring recordkeeping and auditing of accounts maintained by an air carrier or foreign air carrier and its agent collecting a passenger facility charge and by the eligible agency imposing the charge.

(2) The Secretary periodically shall audit and review the use by an eligible agency of passenger facility revenue. After review and a public hearing, the Secretary may end any part of the authority of the agency to impose a passenger facility charge to the extent the Secretary decides that the revenue is not being used as provided in this section.

(3) The Secretary may set off amounts necessary to ensure compliance with this section against amounts otherwise payable to an eligible agency under subchapter I of chapter 471 of this title if the Secretary decides a passenger facility charge is excessive or that passenger facility revenue is not being used as provided in this section.

(i) Regulations.—The Secretary shall prescribe regulations necessary to carry out this section. The regulations—

(1) may prescribe the time and form by which a passenger facility charge takes effect;

(2) shall—

(A) require an air carrier or foreign air carrier and its agent to collect a passenger facility charge that an eligible agency imposes under this section;

(B) establish procedures for handling and remitting money collected;

(C) ensure that the money, less a uniform amount the Secretary determines reflects the average necessary and reasonable expenses (net of interest accruing to the carrier and agent after collection and before remittance) incurred in collecting and handling the charge, is paid promptly to the eligible agency for which they are collected; and

(D) require that the amount collected for any air transportation be noted on the ticket for that air transportation; and

(3) may permit an eligible agency to request that collection of a passenger facility charge be waived for—

(A) passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually at the airport at which the charge is imposed; or

(B) passengers enplaned on a flight to an airport—

(i) that has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or

(ii) in a community which has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State.

(j) Limitation on Certain Actions.—A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible agency may not tax, regulate, or prohibit or otherwise attempt to control in any manner, the imposition or collection of a passenger facility charge or the use of the revenue from the passenger facility charge.

(k) Competition Plans.—

(1) In general.—Beginning in fiscal year 2001, no eligible agency may impose a passenger facility charge under this section with respect to a covered airport (as such term is defined in section 47106(f)) unless the agency has submitted to the Secretary a written competition plan in accordance with such section. This subsection does not apply to passenger facility charges in effect before the date of the enactment of this subsection.

(2) Secretary shall ensure implementation and compliance.—The Secretary shall review any plan submitted under paragraph (1) to ensure that it meets the requirements of this section, and shall review its implementation from time-to-time to ensure that each covered airport successfully implements its plan.

(l) Passenger Facility Charge Streamlining.—

(1) In general.—

(A) Regulations.—The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges.

(B) Passenger facility charge.—An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section.

(2) Notice and opportunity for consultation.—The eligible agency must provide reasonable notice and an opportunity for consultation to air carriers and foreign air carriers in accordance with subsection (c)(2) and must provide reasonable notice and opportunity for public comment in accordance with subsection (c)(3).

(3) Notice of intention.—The eligible agency must submit to the Secretary a notice of intention to impose a passenger facility charge under this subsection. The notice shall include—

(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility charge is sought;

(B) the amount of revenue from passenger facility charges that is proposed to be collected for each project; and

(C) the level of the passenger facility charge that is proposed.

(4) Acknowledgment of receipt and indication of objection.—

(A) In general.—The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 60 days after receipt of the eligible agency's notice.

(B) Prohibited objection.—The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, if the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) do not exceed the total cost of the project.

(C) Allowed objection.—The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that—

(i) establishes significant policy precedent;

(ii) raises significant legal issues;

(iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities;

(iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475;

(v) includes multimodal components; or

(vi) serves no aeronautical purpose.

(5) Authority to impose charge.—Unless the Secretary objects within 30 days after receipt of the eligible agency's notice, the eligible agency is authorized to impose a passenger facility charge in accordance with the terms of its notice under this subsection.

(6) Acknowledgement not an order.—An acknowledgement issued under paragraph (4) shall not be considered an order issued by the Secretary for purposes of section 46110.

(m) Financial Management of Charges.—

(1) Handling of charges.—A covered air carrier shall segregate in a separate account passenger facility revenue equal to the average monthly liability for charges collected under this section by such carrier or any of its agents for the benefit of the eligible agencies entitled to such revenue.

(2) Trust fund status.—If a covered air carrier or its agent fails to segregate passenger facility revenue in violation of the subsection, the trust fund status of such revenue shall not be defeated by an inability of any party to identify and trace the precise funds in the accounts of the air carrier.

(3) Prohibition.—A covered air carrier and its agents may not grant to any third party any security or other interest in passenger facility revenue.

(4) Compensation to eligible entities.—A covered air carrier that fails to comply with any requirement of this subsection, or otherwise unnecessarily causes an eligible entity to expend funds, through litigation or otherwise, to recover or retain payment of passenger facility revenue to which the eligible entity is otherwise entitled shall be required to compensate the eligible agency for the costs so incurred.

(5) Interest on amounts.—A covered air carrier that collects passenger facility charges is entitled to receive the interest on passenger facility charge accounts if the accounts are established and maintained in compliance with this subsection.

(6) Existing regulations.—The provisions of section 158.49 of title 14, Code of Federal Regulations, that permit the commingling of passenger facility charges with other air carrier revenue shall not apply to a covered air carrier.

(7) Covered air carrier defined.—In this section, the term "covered air carrier" means an air carrier that files for chapter 7 or chapter 11 of title 11 bankruptcy protection, or has an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after the date of enactment of this subsection.

(n) Use of Revenues at Previously Associated Airport.—Notwithstanding the requirements relating to airport control under subsection (b)(1), the Secretary may authorize use of a passenger facility charge under subsection (b) to finance an eligible airport-related project if—

(1) the eligible agency seeking to impose the new charge controls an airport where a $2.00 passenger facility charge became effective on January 1, 2013; and

(2) the location of the project to be financed by the new charge is at an airport that was under the control of the same eligible agency that had controlled the airport described in paragraph (1).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1113; Pub. L. 103–305, title II, §§203, 204(a)(1), (b), Aug. 23, 1994, 108 Stat. 1582, 1583; Pub. L. 104–264, title I, §142(b)(2), title XII, §1202, Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L. 104–287, §5(67), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 106–181, title I, §§105(a), (b), 135(a), (b), 151, 152(a), 155(c), Apr. 5, 2000, 114 Stat. 71, 83, 86-88; Pub. L. 108–176, title I, §§121(a)–(c), 122–123(d), 124, Dec. 12, 2003, 117 Stat. 2499–2502; Pub. L. 110–253, §3(c)(1), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, §5(a), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 110–337, §1, Oct. 2, 2008, 122 Stat. 3729; Pub. L. 111–12, §5(a), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(a), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(a), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(a), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(a), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(a), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(a), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(a), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(a), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(a), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(a), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(a), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(a), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(a), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(a), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §§111(a)–(c)(1), 152(e)(1), Feb. 14, 2012, 126 Stat. 17, 18, 34; Pub. L. 114–190, title II, §2302, July 15, 2016, 130 Stat. 638; Pub. L. 115–254, div. B, title I, §121, div. B, title V, §539(b), Oct. 5, 2018, 132 Stat. 3201, 3370; Pub. L. 118–63, title VII, §§775, 776(a), May 16, 2024, 138 Stat. 1300.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40117(a)(1)	49 App.:1513(e) (15)(A), (B), (D).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(e)(1)–(3), (5)–(15); added Nov. 5, 1990, Pub. L. 101–508, §9110(2), 104 Stat. 1388–357.
40117(a)(2)	(no source).
40117(a)(3)	49 App.:1513(e) (15)(C).
40117(a)(4), (5)	(no source).
40117(b)(1)	49 App.:1513(e)(1).
40117(b)(2)	49 App.:1513(e)(8) (1st sentence).
40117(b)(3)	49 App.:1513(e)(6) (1st sentence).
40117(c)(1), (2)	49 App.:1513(e) (11)(A)–(C).
40117(c)(3)	49 App.:1513(e) (11)(D), (E) (last sentence).
40117(d)	49 App.:1513(e)(2), (5).
40117(e) (1)(A)	49 App.:1513(e) (11)(E) (1st sentence).
40117(e) (1)(B)	49 App.:1513(e)(13).
40117(e) (2)(A)	49 App.:1513(e)(6) (last sentence).
40117(e) (2)(B)	49 App.:1513(e)(3).
40117(e) (2)(C)	49 App.:1513(e)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(e)(4); added Nov. 5, 1990, Pub. L. 101–508, §9110(2), 104 Stat. 1388–357; Oct. 31, 1992, Pub. L. 102–581, §105, 106 Stat. 4877.
40117(f)(1)	49 App.:1513(e)(8) (last sentence).
40117(f)(2), (3)	49 App.:1513(e)(9).
40117(g)	49 App.:1513(e)(7).
40117(h)	49 App.:1513(e)(12).
40117(i)	49 App.:1513(e)(10), (14).

In subsection (a), before clause (1), the text of 49 App.:1513(e)(15)(A) is omitted for clarity and because the terms "air carrier" and "foreign air carrier" are used the first time they appear in each subsection. The text of 49 App.:1513(e)(15)(D) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in this section. Clauses (2), (4), and (5) are added to avoid repeating the source provisions throughout this section. In clause (3)(D), the words "without regard to" are omitted as surplus.

In subsection (b)(1), the words "bonds and other" are omitted as surplus.

In subsection (b)(2), the word "limit" is omitted as being included in "regulate".

In subsection (d), before clause (1), the text of 49 App.:1513(e)(5) is omitted as executed. The words "approve an application that an eligible agency has submitted under subsection (c) of this section" are substituted for "grant a public agency which controls a commercial service airport authority to impose a fee under this subsection" for clarity.

In subsection (e)(1)(B), the words "and conditions" are omitted as being included in "terms".

Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last sentence) to eliminate unnecessary words.

In subsection (e)(2)(B), the words "a public agency which controls any other airport", "If a passenger of an air carrier is being provided air service", and "with respect to such air service" are omitted as surplus.

In subsection (f)(3), the words "financed with" are substituted for "carried out through the use of" for consistency in this section and to eliminate unnecessary words.

In subsection (g), the word "price" is substituted for "rate, fee, or charge" and "rates, fees, and charges" to eliminate unnecessary words.

In subsection (g)(2), the words "Except as provided by subparagraph (C)" and "by means of depreciation, amortization, or any other method" are omitted as surplus.

In subsection (h)(1), the word "agent" is substituted for "agency" to correct an error in the source provisions.

In subsection (i), before clause (1), the words "Not later than May 4, 1991" are omitted as obsolete.

Pub. L. 104–287

This repeals 49:40117(e)(2)(C) to eliminate an executed provision and makes conforming amendments.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (k)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

The date of enactment of this subsection, referred to in subsec. (m)(7), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

Amendments

2024—Subsec. (a)(3)(H), (I). Pub. L. 118–63, §775, added subpars. (H) and (I).

Subsec. (b)(1). Pub. L. 118–63, §776(a)(1)(A), substituted "Except as provided under subsection (l), the Secretary" for "The Secretary" and "$1, $2, $3, $4, or $4.50" for "$1, $2, or $3".

Subsec. (b)(4). Pub. L. 118–63, §776(a)(1)(B), (C), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "In lieu of authorizing a charge under paragraph (1), the Secretary may authorize under this section an eligible agency to impose a passenger facility charge of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project."

Subsec. (b)(5). Pub. L. 118–63, §776(a)(1)(D), substituted "in paragraph (1)" for "in paragraphs (1) and (4)" and "under paragraph (1)" for "under paragraph (1) or (4)".

Pub. L. 118–63, §776(a)(1)(C), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (b)(6). Pub. L. 118–63, §776(a)(1)(C), redesignated par. (7) as (6). Former par. (6) redesignated (5).

Subsec. (b)(6)(A). Pub. L. 118–63, §776(a)(1)(E), substituted "paragraphs (1) and (5)" for "paragraphs (1), (4), and (6)" and "paragraph (1)" for "paragraph (1) or (4)" in introductory provisions.

Subsec. (e)(1)(A). Pub. L. 118–63, §776(a)(2)(A), inserted "or a passenger facility charge imposition is authorized under subsection (l)" after "of this section".

Subsec. (e)(1)(B). Pub. L. 118–63, §776(a)(2)(B), inserted "reasonable" after "subject to".

Subsec. (l). Pub. L. 118–63, §776(a)(3)(A), substituted "Passenger Facility Charge Streamlining" for "Pilot Program for Passenger Facility Charge Authorizations" in heading.

Subsec. (l)(1). Pub. L. 118–63, §776(a)(3)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Secretary shall establish a pilot program to test alternative procedures for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose in accordance with the provisions of this subsection a passenger facility charge under this section. For purposes of the pilot program, the procedures in this subsection shall apply instead of the procedures otherwise provided in this section."

Subsec. (l)(4). Pub. L. 118–63, §776(a)(3)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice."

Subsec. (l)(6). Pub. L. 118–63, §776(a)(3)(D), (E), redesignated par. (7) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: "The Secretary shall propose such regulations as may be necessary to carry out this subsection."

2018—Subsec. (a)(5). Pub. L. 115–254, §539(b), substituted "charge imposed" for "charge or charge imposed".

Subsec. (b)(4). Pub. L. 115–254, §121(a), substituted "project." for "project, if the Secretary finds—" and struck out subpars. (A) and (B) which read as follows:

"(A) in the case of an airport that has more than .25 percent of the total number of annual boardings in the United States, that the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport; and

"(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103."

Subsec. (l). Pub. L. 115–254, §121(b)(1), struck out "at Nonhub Airports" after "Authorizations" in heading.

Subsec. (l)(1). Pub. L. 115–254, §121(b)(2), struck out "nonhub" before "airports".

Subsec. (l)(6). Pub. L. 115–254, §121(b)(3), substituted "The" for "Not later than 180 days after the date of enactment of this subsection, the".

2016—Subsec. (n). Pub. L. 114–190 added subsec. (n).

2012—Pub. L. 112–95, §111(c)(1)(H), substituted "charges" for "fees" wherever appearing in text.

Pub. L. 112–95, §111(c)(1)(G), substituted "charge" for "fee" wherever appearing in text other than the second sentence of subsec. (g)(4).

Pub. L. 112–95, §111(c)(1)(A), substituted "charges" for "fees" in section catchline.

Subsec. (a)(3)(B). Pub. L. 112–95, §152(e)(1), substituted "section 47119(a)" for "section 47110(d)".

Subsec. (a)(5). Pub. L. 112–95, §111(a), amended par. (5) generally. Prior to amendment, text read as follows: "The term 'passenger facility fee' means a fee imposed under this section."

Subsec. (e). Pub. L. 112–95, §111(c)(1)(B), substituted "Charges" for "Fees" in heading.

Subsec. (l). Pub. L. 112–95, §111(c)(1)(C), substituted "Charge" for "Fee" in heading.

Subsec. (l)(5). Pub. L. 112–95, §111(c)(1)(D), substituted "charge" for "fee" in heading.

Subsec. (l)(7). Pub. L. 112–95, §111(b), redesignated par. (8) as (7) and struck out former par. (7). Prior to amendment, text read as follows: "This subsection shall cease to be effective beginning on February 18, 2012."

Pub. L. 112–91 substituted "February 18, 2012." for "February 1, 2012."

Subsec. (l)(8). Pub. L. 112–95, §111(b), redesignated par. (8) as (7).

Subsec. (m). Pub. L. 112–95, §111(c)(1)(E), substituted "Charges" for "Fees" in heading.

Subsec. (m)(1). Pub. L. 112–95, §111(c)(1)(F), substituted "charges" for "fees" in heading.

2011—Subsec. (l)(7). Pub. L. 112–30 substituted "February 1, 2012." for "September 17, 2011."

Pub. L. 112–27 substituted "September 17, 2011." for "July 23, 2011."

Pub. L. 112–21 substituted "July 23, 2011." for "July 1, 2011."

Pub. L. 112–16 substituted "July 1, 2011." for "June 1, 2011."

Pub. L. 112–7 substituted "June 1, 2011." for "April 1, 2011."

2010—Subsec. (l)(7). Pub. L. 111–329 substituted "April 1, 2011." for "January 1, 2011."

Pub. L. 111–249 substituted "January 1, 2011." for "October 1, 2010."

Pub. L. 111–216 substituted "October 1, 2010." for "August 2, 2010."

Pub. L. 111–197 substituted "August 2, 2010." for "July 4, 2010."

Pub. L. 111–161 substituted "July 4, 2010." for "May 1, 2010."

Pub. L. 111–153 substituted "May 1, 2010." for "April 1, 2010."

2009—Subsec. (l)(7). Pub. L. 111–116 substituted "April 1, 2010." for "January 1, 2010."

Pub. L. 111–69 substituted "January 1, 2010." for "October 1, 2009."

Pub. L. 111–12 substituted "October 1, 2009." for "April 1, 2009."

2008—Subsec. (b)(7). Pub. L. 110–337 added par. (7).

Subsec. (l)(7). Pub. L. 110–330 substituted "April 1, 2009" for "September 30, 2008".

Pub. L. 110–253 substituted "September 30, 2008" for "the date that is 3 years after the date of issuance of regulations to carry out this subsection".

2003—Subsec. (a)(3)(C). Pub. L. 108–176, §123(d), substituted "A project for costs" for "for costs" and a period for the semicolon at end.

Subsec. (a)(3)(G). Pub. L. 108–176, §121(a), added subpar. (G).

Subsec. (a)(4) to (6). Pub. L. 108–176, §121(c), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (b)(5). Pub. L. 108–176, §121(b), added par. (5).

Subsec. (b)(6). Pub. L. 108–176, §122, added par. (6).

Subsec. (c)(2)(E), (F). Pub. L. 108–176, §123(a)(1), added subpars. (E) and (F).

Subsec. (c)(3), (4). Pub. L. 108–176, §123(a)(2)–(4), added par. (3), redesignated former par. (3) as (4), and substituted "may" for "shall" in first sentence of par. (4).

Subsec. (e)(2)(C). Pub. L. 108–176, §123(c)(1), substituted a semicolon for period at end.

Subsec. (e)(2)(F). Pub. L. 108–176, §123(c)(2)–(4), added subpar. (F).

Subsec. (l). Pub. L. 108–176, §123(b), added subsec. (l).

Subsec. (m). Pub. L. 108–176, §124, added subsec. (m).

2000—Subsec. (a). Pub. L. 106–181, §151, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "In this section—

"(1) 'airport', 'commercial service airport', and 'public agency' have the same meanings given those terms in section 47102 of this title.

"(2) 'eligible agency' means a public agency that controls a commercial service airport.

"(3) 'eligible airport-related project' means a project—

"(A) for airport development or airport planning under subchapter I of chapter 471 of this title;

"(B) for terminal development described in section 47110(d) of this title;

"(C) for airport noise capability planning under section 47505 of this title;

"(D) to carry out noise compatibility measures eligible for assistance under section 47504 of this title, whether or not a program for those measures has been approved under section 47504; and

"(E) for constructing gates and related areas at which passengers board or exit aircraft.

"(4) 'passenger facility fee' means a fee imposed under this section.

"(5) 'passenger facility revenue' means revenue derived from a passenger facility fee."

Subsec. (a)(3)(C) to (F). Pub. L. 106–181, §152(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.

Subsec. (b)(4). Pub. L. 106–181, §105(a), added par. (4).

Subsec. (d)(4). Pub. L. 106–181, §105(b), added par. (4).

Subsec. (e)(2)(D), (E). Pub. L. 106–181, §135(a), added subpars. (D) and (E).

Subsec. (i)(3). Pub. L. 106–181, §135(b)(1)–(3), added par. (3).

Subsec. (j). Pub. L. 106–181, §135(b)(4), added subsec. (j).

Subsec. (k). Pub. L. 106–181, §155(c), added subsec. (k).

1996—Subsec. (a)(3)(D) to (F). Pub. L. 104–264, §142(b)(2), inserted "and" at end of subpar. (D), substituted a period for "; and" at end of subpar. (E), and struck out subpar. (F) which read as follows: "in addition to projects eligible under subparagraph (A), the construction, reconstruction, repair, or improvement of areas of an airport used for the operation of aircraft or actions to mitigate the environmental effects of such construction, reconstruction, repair, or improvement when the construction, reconstruction, repair, improvement, or action is necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990, the Clean Air Act, or the Federal Water Pollution Control Act with respect to the airport."

Subsec. (e)(2)(B) to (D). Pub. L. 104–287 inserted "and" at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: "for a project the Secretary does not approve under this section before October 1, 1993, if, during the fiscal year ending September 30, 1993, the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000, except that this clause—

"(i) does not apply if the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000 because of sequestration or other general appropriations reductions applied proportionately to appropriations accounts throughout an appropriation law; and

"(ii) does not affect the authority of the Secretary to approve the imposition of a fee or the use of revenues, derived from a fee imposed under an approval made under this section, by a public agency that has received an approval to impose a fee under this section before September 30, 1993, regardless of whether the fee is being imposed on September 30, 1993; and".

Subsec. (g)(4). Pub. L. 104–264, §1202, added par. (4).

1994—Subsec. (a)(3)(F). Pub. L. 103–305, §203, added subpar. (F).

Subsec. (d)(3). Pub. L. 103–305, §204(b), added par. (3).

Subsec. (e)(2)(D). Pub. L. 103–305, §204(a)(1), added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–27, §5(j), Aug. 5, 2011, 125 Stat. 271, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 23, 2011."

Pub. L. 112–21, §5(j), June 29, 2011, 125 Stat. 235, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on July 1, 2011."

Pub. L. 112–16, §5(j), May 31, 2011, 125 Stat. 220, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on June 1, 2011."

Pub. L. 112–7, §5(j), Mar. 31, 2011, 125 Stat. 33, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2011."

Effective Date of 2010 Amendment

Pub. L. 111–329, §5(j), Dec. 22, 2010, 124 Stat. 3568, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on January 1, 2011."

Pub. L. 111–249, §5(l), Sept. 30, 2010, 124 Stat. 2628, provided that: "The amendments made by this section [amending this section, sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2010."

Pub. L. 111–216, title I, §104(j), Aug. 1, 2010, 124 Stat. 2350, provided that: "The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on August 2, 2010."

Pub. L. 111–197, §5(j), July 2, 2010, 124 Stat. 1354, provided that: "The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on July 4, 2010."

Pub. L. 111–161, §5(j), Apr. 30, 2010, 124 Stat. 1127, provided that: "The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on May 1, 2010."

Pub. L. 111–153, §5(j), Mar. 31, 2010, 124 Stat. 1085, provided that: "The amendments made by this section [amending this section, sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2010."

Effective Date of 2009 Amendment

Pub. L. 111–116, §5(j), Dec. 16, 2009, 123 Stat. 3032, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on January 1, 2010."

Pub. L. 111–69, §5(l), Oct. 1, 2009, 123 Stat. 2055, provided that: "The amendments made by this section [amending this section and sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2009."

Pub. L. 111–12, §5(j), Mar. 30, 2009, 123 Stat. 1458, provided that: "The amendments made by this section [amending this section and sections 44302, 44303, 47107, 47115, 47141, and 49108 of this title and provisions set out as a note under section 47109 of this title] shall take effect on April 1, 2009."

Effective Date of 2008 Amendment

Pub. L. 110–330, §5(l), Sept. 30, 2008, 122 Stat. 3719, provided that: "The amendments made by this section [amending this section, sections 41743, 44302, 44303, 47107, 47115, 47141, and 49108 of this title, and provisions set out as notes under sections 41731 and 47109 of this title] shall take effect on October 1, 2008."

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 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.

Regulations

Pub. L. 118–63, title VII, §776(b), (c), May 16, 2024, 138 Stat. 1301, provided that:

"(b) Rulemaking.—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 a rulemaking to implement the amendments made by subsection (a) [amending this section].

"(c) Interim Guidance.—The interim guidance established in the memorandum of the FAA [Federal Aviation Administration] titled 'PFC 73–20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports', issued on January 22, 2020, including any modification to such guidance necessary to conform with the amendments made by subsection (a), shall remain in effect until the effective date of the final rule issued under subsection (b)."

Guidance

Pub. L. 108–176, title I, §121(d), Dec. 12, 2003, 117 Stat. 2500, provided that: "The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue guidance determining eligibility of projects, and how benefits to air quality must be demonstrated, under the amendments made by this section [amending this section]."

Eligibility of Airport Ground Access Transportation Projects

Pub. L. 108–176, title I, §123(e), Dec. 12, 2003, 117 Stat. 2502, provided that: "Not later than 60 days after the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration, consistent with current law, with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code."

Competition Plans

Pub. L. 106–181, title I, §155(a), Apr. 5, 2000, 114 Stat. 88, provided that: "The Congress makes the following findings:

"(1) Major airports must be available on a reasonable basis to all air carriers wishing to serve those airports.

"(2) 15 large hub airports today are each dominated by one air carrier, with each such carrier controlling more than 50 percent of the traffic at the hub.

"(3) The General Accounting Office [now Government Accountability Office] has found that such levels of concentration lead to higher air fares.

"(4) The United States Government must take every step necessary to reduce those levels of concentration.

"(5) Consistent with air safety, spending at these airports must be directed at providing opportunities for carriers wishing to serve such facilities on a commercially viable basis."

Limitation on Statutory Construction of Subsection (e)(2)(D)

Pub. L. 103–305, title II, §204(a)(2), Aug. 23, 1994, 108 Stat. 1583, provided that: "The amendment made by paragraph (1) [amending this section] shall not be construed as requiring any person to refund any fee paid before the date of the enactment of this Act [Aug. 23, 1994]."

§40118. Government-financed air transportation

(a) Transportation by Air Carriers Holding Certificates.—A department, agency, or instrumentality of the United States Government shall take necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under section 41102 of this title if—

(1) the department, agency, or instrumentality—

(A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or

(B) provides the transportation to or for a foreign country or international or other organization without reimbursement;

(2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and

(3) the air carrier is—

(A) available, if the transportation is between a place in the United States and a place outside the United States; or

(B) reasonably available, if the transportation is between 2 places outside the United States.

(b) Transportation by Foreign Air Carriers.—This section does not preclude the transportation of passengers and property by a foreign air carrier if the transportation is provided under a bilateral or multilateral air transportation agreement to which the Government and the government of a foreign country are parties if the agreement—

(1) is consistent with the goals for international aviation policy of section 40101(e) of this title; and

(2) provides for the exchange of rights or benefits of similar magnitude.

(c) Proof.—The Administrator of General Services shall prescribe regulations under which agencies may allow the expenditure of an appropriation for transportation in violation of this section only when satisfactory proof is presented showing the necessity for the transportation.

(d) Certain Transportation by Air Outside the United States.—Notwithstanding subsections (a) and (c) of this section, any amount appropriated to the Secretary of State or the Administrator of the Agency for International Development may be used to pay for the transportation of an officer or employee of the Department of State or one of those agencies, a dependent of the officer or employee, and accompanying baggage, by a foreign air carrier when the transportation is between 2 places outside the United States.

(e) Relationship to Other Laws.—This section does not affect the application of the antidiscrimination provisions of this part.

(f) Prohibition of Certification or Contract Clause.—(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the transportation of commercial products in order to implement a requirement in this section.

(2) In paragraph (1), the term "commercial product" has the meaning given such term in section 103 of title 41, except that it shall not include a contract for the transportation by air of passengers.

(g) Training Requirements.—The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S. Customs and Border Protection an annual report regarding—

(1) the number of personnel trained in the detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), including the training required under section 44734(a)(4);

(2) the number of notifications of potential human trafficking victims received from staff or other passengers; and

(3) whether the air carrier notified the National Human Trafficking Hotline or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking, and if so, when the notification was made.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103–355, title VIII, §8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 104–287, §5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 104–316, title I, §127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–277, div. G, subdiv. A, title XII, §1225(h), title XIII, §1335(p), title XIV, §1422(b)(6), Oct. 21, 1998, 112 Stat. 2681–775, 2681-789, 2681-793; Pub. L. 108–176, title VIII, §806, Dec. 12, 2003, 117 Stat. 2588; Pub. L. 111–350, §5(o)(8), Jan. 4, 2011, 124 Stat. 3854; Pub. L. 115–232, div. A, title VIII, §836(g)(9), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 115–425, title I, §111(a), Jan. 8, 2019, 132 Stat. 5475; Pub. L. 118–63, title XI, §1101(g), May 16, 2024, 138 Stat. 1413.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40118(a)	49 App.:1517(a), (b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1117; added Jan. 3, 1975, Pub. L. 93–623, §5(a), 88 Stat. 2104; restated Feb. 15, 1980, Pub. L. 96–192, §21, 94 Stat. 43.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
40118(b)	49 App.:1517(c).
40118(c)	49 App.:1517(d) (1st sentence).
40118(d)	49 App.:1518.	Oct. 7, 1978, Pub. L. 95–426, §706, 92 Stat. 992.
40118(e)	49 App.:1517(d) (last sentence).

In this section, the word "passengers" is substituted for "persons" for consistency in the revised title. The words "(and their personal effects)" are omitted as being included in "property".

In subsection (a), before clause (1), the words "Except as provided in subsection (c) of this section" are omitted as surplus. The words "department, agency, or instrumentality" are substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "or agencies" are omitted because of 1:1. In clause (1), before subclause (A), the words "executive" and "other" are omitted as surplus. In subclause (A), the words "procure, contract for, or otherwise" are omitted as surplus. The words "for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government" are substituted for "in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise" for clarity and to eliminate unnecessary words. In subclause (B), the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the Code. The words "international or other organization" are substituted for "international agency, or other organization, of whatever nationality" to eliminate unnecessary words. The words "provisions for" are omitted as surplus.

In subsection (b), before clause (1), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the Code. The words "or governments" are omitted because of 1:1.

In subsection (c), the words "for payment for personnel or cargo transportation" are omitted as surplus.

In subsection (d), the words "the limitations established by" are omitted as surplus. The words "after October 7, 1978" are omitted as executed. The words "Secretary of State" are substituted for "Department of State" because of 22:2651. The words "Director of the United States Information Agency" are substituted for "International Communication Agency" in section 706 of the Act of October 7, 1978 (Public Law 95–426, 92 Stat. 992), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b) of the United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96 Stat. 291). The words "Director of the United States International Development Cooperation Agency" are substituted for "Agency for International Development (or any successor agency)" in section 706 because of section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words "a foreign air carrier" are substituted for "air carriers which do not hold certificates under section 1371 of this Appendix" for clarity. See H. Conf. Rept. No. 95–1535, 95th Cong., 2d Sess., p. 45 (1978).

In subsection (e), the word "affect" is substituted for "prevent" for clarity. The words "to such traffic" are omitted as surplus.

Pub. L. 104–287, §5(68)(A)

This amends the catchline for 49:40118(d) to make a clarifying amendment.

Pub. L. 104–287, §5(68)(B)

This amends 49:40118(f)(1) to make a clarifying amendment.

Editorial Notes

Amendments

2024—Subsec. (g)(1). Pub. L. 118–63 substituted "detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)" for "detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)".

2019—Subsec. (g). Pub. L. 115–425 added subsec. (g).

2018—Subsec. (f)(1). Pub. L. 115–232, §836(g)(9)(A), substituted "commercial products" for "commercial items".

Subsec. (f)(2). Pub. L. 115–232, §836(g)(9)(B), substituted "commercial product" for "commercial item".

2011—Subsec. (f)(2). Pub. L. 111–350 substituted "section 103 of title 41" for "section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))".

2003—Subsec. (f)(2). Pub. L. 108–176 inserted ", except that it shall not include a contract for the transportation by air of passengers" before period at end.

1998—Subsec. (d). Pub. L. 105–277, §1422(b)(6), substituted "or the Administrator of the Agency for International Development" for "the Director of the United States International Development Cooperation Agency".

Pub. L. 105–277, §1335(p), struck out ", the Director of the United States Information Agency," after "Secretary of State".

Pub. L. 105–277, §1225(h), struck out ", or the Director of the Arms Control and Disarmament Agency" before "may be used to pay".

1996—Subsec. (c). Pub. L. 104–316 substituted "Administrator of General Services shall prescribe regulations under which agencies may" for "Comptroller General shall".

Subsec. (d). Pub. L. 104–287, §5(68)(A), substituted "Certain Transportation by Air Outside the United States" for "Transportation by Foreign Air Carriers" in heading.

Subsec. (f). Pub. L. 104–287, §5(68)(B), inserted heading.

1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 115–425, title I, §111(b), Jan. 8, 2019, 132 Stat. 5475, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any contract entered into after the date of enactment of this Act [Jan. 8, 2019] except for contracts entered into by the Secretary of Defense."

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.

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 1998 Amendment

Amendment by section 1225(h) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22.

Amendment by section 1335(p) of Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22.

Amendment by section 1422(b)(6) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Contracts.

§40119. Sensitive security information

(a) Disclosure.—

(1) Regulations prohibiting disclosure.—Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—

(A) be an unwarranted invasion of personal privacy;

(B) reveal a trade secret or privileged or confidential commercial or financial information; or

(C) be detrimental to transportation safety.

(2) Disclosure to congress.—Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information.

(3) Rule of construction.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to—

(A) conceal a violation of law, inefficiency, or administrative error;

(B) prevent embarrassment to a person, organization, or agency;

(C) restrain competition; or

(D) prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

(4) Law enforcement disclosure.—Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

(b) Transfers of Duties and Powers Prohibited.—Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.

(Added Pub. L. 118–63, title II, §223(a), May 16, 2024, 138 Stat. 1060.)

Editorial Notes

Prior Provisions

A prior section 40119, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, §101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title XVI, §1601(a), Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title V, §561(c)(2), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 112–95, title VIII, §801, Feb. 14, 2012, 126 Stat. 118, related to research and development activities to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security and regulations prohibiting disclosure of information obtained or developed in ensuring security under this title, prior to repeal by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 118–63, title II, §223(b), May 16, 2024, 138 Stat. 1061, provided that: "The amendments made by this section [enacting this section] shall be effective as of October 5, 2018, and all authority restored to the Secretary [of Transportation] and the FAA [Federal Aviation Administration] under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Prior Provisions note above]."

§40120. Relationship to other laws

(a) Nonapplication.—Except as provided in the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and shipping laws of the United States and the rules for the prevention of collisions do not apply to aircraft or to the navigation of vessels related to those aircraft.

(b) Extending Application Outside United States.—The President may extend (in the way and for periods the President considers necessary) the application of this part to outside the United States when—

(1) an international arrangement gives the United States Government authority to make the extension; and

(2) the President decides the extension is in the national interest.

(c) Additional Remedies.—A remedy under this part is in addition to any other remedies provided by law.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40120(a)	49 App.:1509(a).	Aug. 23, 1958, Pub. L. 85–726, §§1106, 1109(a), 1110, 72 Stat. 798, 799, 800.
40120(b)	49 App.:1510.
40120(c)	49 App.:1506.

In subsection (a), the words "International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.)" are substituted for "sections 143 to 147d of title 33" because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. The words "including any definition of 'vessel' or 'vehicle' found therein" and "be construed to" are omitted as surplus.

In subsection (b), before clause (1), the words "to the extent", "of time", and "any areas of land or water" are omitted as surplus. The words "and the overlying airspace thereof" are omitted as being included in "outside the United States". In clause (1), the words "treaty, agreement or other lawful" and "necessary legal" are omitted as surplus.

Subsection (c) is substituted for 49 App.:1506 to eliminate unnecessary words and for clarity and consistency in the revised title and with other titles of the United States Code.

Editorial Notes

References in Text

The International Navigational Rules Act of 1977, referred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§1601 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables.

Executive Documents

Ex. Ord. No. 10854. Extension of Application

Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:

The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. §1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transportation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense.

§40121. Air traffic control modernization reviews

(a) Required Terminations of Acquisitions.—The Administrator of the Federal Aviation Administration shall terminate any acquisition program initiated after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and funded under the Facilities and Equipment account that—

(1) is more than 50 percent over the cost goal established for the program;

(2) fails to achieve at least 50 percent of the performance goals established for the program; or

(3) is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.

(b) Authorized Termination of Acquisition Programs.—The Administrator shall consider terminating, under the authority of subsection (a), any substantial acquisition program that—

(1) is more than 10 percent over the cost goal established for the program;

(2) fails to achieve at least 90 percent of the performance goals established for the program; or

(3) is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.

(c) Exceptions and Report.—

(1) Continuance of program, etc.—Notwithstanding subsection (a), the Administrator may continue an acquisitions program required to be terminated under subsection (a) if the Administrator determines that termination would be inconsistent with the development or operation of the national air transportation system in a safe and efficient manner.

(2) Department of defense.—The Department of Defense shall have the same exemptions from acquisition laws as are waived by the Administrator under section 40110(d)(2) of this title when engaged in joint actions to improve or replenish the national air traffic control system. The Administration may acquire real property, goods, and services through the Department of Defense, or other appropriate agencies, but is bound by the acquisition laws and regulations governing those cases.

(3) Report.—If the Administrator makes a determination under paragraph (1), the Administrator shall transmit a copy of the determination, together with a statement of the basis for the determination, to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

(Added Pub. L. 104–264, title II, §252, Oct. 9, 1996, 110 Stat. 3236; amended Pub. L. 106–181, title III, §307(c)(2), Apr. 5, 2000, 114 Stat. 126.)

Editorial Notes

References in Text

The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.

Codification

Another section 40121 was renumbered section 40124 of this title.

Amendments

2000—Subsec. (c)(2). Pub. L. 106–181 substituted "section 40110(d)(2) of this title" for "section 348(b) of Public Law 104–50".

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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

§40122. Federal Aviation Administration personnel management system

(a) In General.—

(1) Consultation and negotiation.—In developing and making changes to the personnel management system initially implemented by the Administrator of the Federal Aviation Administration on April 1, 1996, the Administrator shall negotiate with the exclusive bargaining representatives of employees of the Administration certified under section 7111 of title 5 and consult with other employees of the Administration.

(2) Dispute resolution.—

(A) Mediation.—If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—

(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Modernization and Reform Act of 2012); or

(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.

(B) Mid-term bargaining.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Federal Service Impasses Panel shall assist the parties in resolving the impasse in accordance with section 7119 of title 5.

(C) Binding arbitration for term bargaining.—

(i) Assistance from federal service impasses panel.—If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the "parties") shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.

(ii) Appointment of arbitration board.—The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Not later than 10 days after receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list not later than 7 days after being selected. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person in 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains.

(iii) Framing issues in controversy.—If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.

(iv) Hearings.—The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.

(v) Decisions.—The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.

(vi) Matters for consideration.—The arbitration board shall take into consideration such factors as—

(I) the effect of its arbitration decisions on the Federal Aviation Administration's ability to attract and retain a qualified workforce;

(II) the effect of its arbitration decisions on the Federal Aviation Administration's budget; and

(III) any other factors whose consideration would assist the board in fashioning a fair and equitable award.

(vii) Costs.—The parties shall share costs of the arbitration equally.

(3) Ratification of agreements.—Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(C), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and the final agreement shall be subject to approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).

(4) Cost savings and productivity goals.—The Administration and the exclusive bargaining representatives of the employees shall use every reasonable effort to find cost savings and to increase productivity within each of the affected bargaining units.

(5) Annual budget discussions.—The Administration and the exclusive bargaining representatives of the employees shall meet annually for the purpose of finding additional cost savings within the Administration's annual budget as it applies to each of the affected bargaining units and throughout the agency.

(b) Expert Evaluation.—On the date that is 3 years after the personnel management system is implemented, the Administration shall employ outside experts to provide an independent evaluation of the effectiveness of the system within 3 months after such date. For this purpose, the Administrator may utilize the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary.

(c) Pay Restriction.—No officer or employee of the Administration may receive an annual rate of basic pay in excess of the annual rate of basic pay payable to the Administrator.

(d) Ethics.—The Administration shall be subject to Executive Order No. 12674 and regulations and opinions promulgated by the Office of Government Ethics, including those set forth in section 2635 of title 5 of the Code of Federal Regulations.

(e) Employee Protections.—Until July 1, 1999, basic wages (including locality pay) and operational differential pay provided employees of the Administration shall not be involuntarily adversely affected by reason of the enactment of this section, except for unacceptable performance or by reason of a reduction in force or reorganization or by agreement between the Administration and the affected employees' exclusive bargaining representative.

(f) Labor-Management Agreements.—Except as otherwise provided by this title, all labor-management agreements covering employees of the Administration that are in effect on the effective date of the Air Traffic Management System Performance Improvement Act of 1996 shall remain in effect until their normal expiration date, unless the Administrator and the exclusive bargaining representative agree to the contrary.

(g) Personnel Management System.—

(1) In general.—In consultation with the employees of the Administration and such non-governmental experts in personnel management systems as he may employ, and notwithstanding the provisions of title 5 and other Federal personnel laws, the Administrator shall develop and implement, not later than January 1, 1996, a personnel management system for the Administration that addresses the unique demands on the agency's workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel.

(2) Applicability of title 5.—The provisions of title 5 shall not apply to the new personnel management system developed and implemented pursuant to paragraph (1), with the exception of—

(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;

(B) sections 3304(f), to the extent consistent with the Federal Aviation Administration's status as an excepted service agency, 3308–3320, 3330a, 3330b, 3330c, and 3330d, relating to veterans' preference;

(C) chapter 71, relating to labor-management relations;

(D) section 7204, relating to antidiscrimination;

(E) chapter 73, relating to suitability, security, and conduct;

(F) chapter 81, relating to compensation for work injury;

(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage;

(H) sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board;

(I) subsections (b), (c), and (d) of section 4507 (relating to Meritorious Executive or Distinguished Executive rank awards) and subsections (b) and (c) of section 4507a (relating to Meritorious Senior Professional or Distinguished Senior Professional rank awards), except that—

(i) for purposes of applying such provisions to the personnel management system—

(I) the term "agency" means the Department of Transportation;

(II) the term "senior executive" means a Federal Aviation Administration executive;

(III) the term "career appointee" means a Federal Aviation Administration career executive; and

(IV) the term "senior career employee" means a Federal Aviation Administration career senior professional;

(ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and

(iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and

(J) subject to paragraph (4) of this subsection, section 6329, relating to disabled veteran leave.

(3) Appeals to merit systems protection board.—Under the new personnel management system developed and implemented under paragraph (1), an employee of the Administration may submit an appeal to the Merit Systems Protection Board and may seek judicial review of any resulting final orders or decisions of the Board from any action that was appealable to the Board under any law, rule, or regulation as of March 31, 1996. Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.

(4) Certification of disabled veteran leave.—In order to verify that leave credited to an employee pursuant to paragraph (2)(J) is used for treating a service-connected disability, that employee shall, notwithstanding section 6329(c) of title 5, submit to the Assistant Administrator for Human Resource Management of the Federal Aviation Administration certification, in such form and manner as the Administrator of the Federal Aviation Administration may prescribe, that the employee used that leave for purposes of being furnished treatment for that disability by a health care provider.

(5) Paid parental leave.—The Administrator shall implement a paid parental leave benefit for employees of the Administration that is, at a minimum, consistent with the paid parental leave benefits provided under section 6382 of title 5.

(6) Effective date.—This subsection shall take effect on April 1, 1996.

(7) Remote positions.—

(A) In general.—If the Administrator determines that a covered position has not been filled after multiple vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based.

(B) Covered position defined.—In this paragraph, the term "covered position" means a safety-critical position, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.

(h) Right To Contest Adverse Personnel Actions.—An employee of the Federal Aviation Administration who is the subject of a major adverse personnel action may contest the action either through any contractual grievance procedure that is applicable to the employee as a member of the collective bargaining unit or through the Administration's internal process relating to review of major adverse personnel actions of the Administration, known as Guaranteed Fair Treatment, or under section 40122(g)(3).

(i) Election of Forum.—Where a major adverse personnel action may be contested through more than one of the indicated forums (such as the contractual grievance procedure, the Federal Aviation Administration's internal process, or that of the Merit Systems Protection Board), an employee must elect the forum through which the matter will be contested. Nothing in this section is intended to allow an employee to contest an action through more than one forum unless otherwise allowed by law.

(j) Definition.—In this section, the term "major adverse personnel action" means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.

(Added Pub. L. 104–264, title II, §253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106–181, title III, §§307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126; Pub. L. 112–95, title VI, §§601, 602, 611, Feb. 14, 2012, 126 Stat. 109, 111, 117; Pub. L. 114–242, §2(a), (b), Oct. 7, 2016, 130 Stat. 978; Pub. L. 115–254, div. B, title V, §531, Oct. 5, 2018, 132 Stat. 3366; Pub. L. 116–283, div. A, title XI, §1103(c)(1), Jan. 1, 2021, 134 Stat. 3887; Pub. L. 118–63, title III, §342(b), May 16, 2024, 138 Stat. 1099.)

Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Executive Order No. 12674, referred to in subsec. (d), is set out as a note under section 7301 of Title 5, Government Organization and Employees.

The effective date of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is the date that is 30 days after Oct. 9, 1996. See section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Amendments

2024—Subsec. (g)(7). Pub. L. 118–63 added par. (7).

2021—Subsec. (g)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6).

2018—Subsec. (g)(2)(B). Pub. L. 115–254 inserted "3304(f), to the extent consistent with the Federal Aviation Administration's status as an excepted service agency," before "3308–3320" and "3330a, 3330b, 3330c, and 3330d," before "relating".

2016—Subsec. (g)(2)(J). Pub. L. 114–242, §2(a), added subpar. (J).

Subsec. (g)(4), (5). Pub. L. 114–242, §2(b), added par. (4) and redesignated former par. (4) as (5).

2012—Subsec. (a)(2) to (5). Pub. L. 112–95, §601, added pars. (2) and (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "If the Administrator does not reach an agreement under paragraph (1) with the exclusive bargaining representatives, the services of the Federal Mediation and Conciliation Service shall be used to attempt to reach such agreement. If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the Administrator's proposed change to the personnel management system shall not take effect until 60 days have elapsed after the Administrator has transmitted the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such objections, to Congress. The 60-day period shall not include any period during which Congress has adjourned sine die."

Subsec. (g)(2)(I). Pub. L. 112–95, §602, added subpar. (I).

Subsec. (g)(3). Pub. L. 112–95, §611, inserted at end "Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996."

2000—Subsec. (a)(2). Pub. L. 106–181, §308(a), inserted at end "The 60-day period shall not include any period during which Congress has adjourned sine die."

Subsec. (g). Pub. L. 106–181, §307(a), added subsec. (g).

Subsecs. (h) to (j). Pub. L. 106–181, §308(b), added subsecs. (h) to (j).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title XI, §1103(c)(2), Jan. 1, 2021, 134 Stat. 3887, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to any birth or placement occurring on or after October 1, 2020."

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

Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

Rule of Construction

Pub. L. 116–283, div. A, title XI, §1103(c)(3), Jan. 1, 2021, 134 Stat. 3887, provided that: "Nothing in this subsection, or any amendment made by this subsection [amending this section], may be construed to affect leave provided to an employee of the Transportation Security Administration before October 1, 2020."

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Office of Investigations and Professional Responsibility; Misconduct Investigations

Pub. L. 116–260, div. V, title I, §133(c), (d), Dec. 27, 2020, 134 Stat. 2355, provided that:

"(c) Office of Investigations and Professional Responsibility.—The Administrator shall take such action as may be necessary to redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility.

"(d) Misconduct Investigations.—

"(1) In general.—The Administrator shall review and revise the Administration's existing investigative policies that govern the investigation of misconduct by a manager of the Administration conducted by the FAA (in this subsection referred to as the 'Agency').

"(2) Preservation of collective bargaining agreements.—The investigative policy established under paragraph (1) shall not apply to, or in the future, be extended by the Administrator to apply to, any employee who is not a manager or is covered by or eligible to be covered by a collective bargaining agreement entered into by the Agency.

"(3) Requirements.—In revising the investigative policies, the Administrator shall ensure such policies require—

"(A) the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation;

"(B) the management of case files to ensure the integrity of the information contained in such case files;

"(C) interviews be conducted in a manner that ensures, to the greatest extent possible, truthful answers and accurate records of such interviews;

"(D) coordination with the Office of the Inspector General of the Department of Transportation, the Office of the Special Counsel, and the Attorney General, as appropriate; and

"(E) the completion of investigations in a timely manner.

"(4) Definition.—For purposes of this subsection, the term 'manager' means an employee of the Agency who is a supervisor or management official, as defined in section 7103(a) of title 5, United States Code."

[For definitions of terms used in section 133(c), (d) 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.]

Application of 2016 Amendment

Pub. L. 114–242, §2(c), Oct. 7, 2016, 130 Stat. 978, provided that: "The amendments made by this section [amending this section] shall apply with respect to any employee of the Federal Aviation Administration hired on or after the date that is one year after the date of the enactment of this Act [Oct. 7, 2016]."

Policies and Procedures

Pub. L. 114–242, §2(d), Oct. 7, 2016, 130 Stat. 978, provided that: "Not later than 270 days after the date of the enactment of this Act [Oct. 7, 2016], the Administrator of the Federal Aviation Administration shall prescribe policies and procedures to carry out the amendments made by this section [amending this section] that are comparable, to the maximum extent practicable, to the regulations prescribed by the Office of Personnel Management under section 6329 of title 5, United States Code."

§40123. Protection of voluntarily submitted information

(a) In General.—Notwithstanding any other provision of law, including section 552(b)(3)(B) of title 5, neither the Administrator of the Federal Aviation Administration, nor any agency or third party receiving information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that—

(1) the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in fulfilling the Administrator's safety and security responsibilities; and

(2) withholding such information from disclosure would be consistent with the Administrator's safety and security responsibilities.

(b) Regulations.—The Administrator shall issue regulations to carry out this section.

(Added Pub. L. 104–264, title IV, §402(a), Oct. 9, 1996, 110 Stat. 3255; amended Pub. L. 118–63, title III, §354(a), May 16, 2024, 138 Stat. 1113.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–63 inserted ", including section 552(b)(3)(B) of title 5" after "Notwithstanding any other provision of law" and "or third party" after "nor any agency" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

Review of Protection From Disclosure

Pub. L. 118–63, title III, §354(b), May 16, 2024, 138 Stat. 1114, 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 review and update part 193 of title 14, Code of Federal Regulations, and review section 44735 of title 49, United States Code, to ensure such laws and regulations designate and protect from disclosure information or data submitted, collected, or obtained by the Administrator under voluntary safety programs, including the following:

"(1) Aviation Safety Action Program.

"(2) Flight Operational Quality Assurance.

"(3) Line Operations Safety Assessments.

"(4) Air Traffic Safety Action Program.

"(5) Technical Operations Safety Action Program.

"(6) Such other voluntarily submitted information or programs as the Administrator determines appropriate."

Improved Voluntary Disclosure Reporting System

Pub. L. 112–95, title III, §344, Feb. 14, 2012, 126 Stat. 81, provided that:

"(a) Voluntary Disclosure Reporting Program Defined.—In this section, the term 'Voluntary Disclosure Reporting Program' means the program established by the Federal Aviation Administration through Advisory Circular 00–58A, dated September 8, 2006, including any subsequent revisions thereto.

"(b) Verification.—The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to require inspectors to—

"(1) verify that air carriers are implementing comprehensive solutions to correct the underlying causes of the violations voluntarily disclosed by such air carriers; and

"(2) confirm, before approving a final report of a violation, that a violation with the same root causes, has not been previously discovered by an inspector or self-disclosed by the air carrier.

"(c) Supervisory Review of Voluntary Self-Disclosures.—The Administrator shall establish a process by which voluntary self-disclosures received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector.

"(d) Inspector General Study.—

"(1) In general.—The Inspector General of the Department of Transportation shall conduct a study of the Voluntary Disclosure Reporting Program.

"(2) Review.—In conducting the study, the Inspector General shall examine, at a minimum, if the Administration—

"(A) conducts comprehensive reviews of voluntary disclosure reports before closing a voluntary disclosure report under the provisions of the program;

"(B) evaluates the effectiveness of corrective actions taken by air carriers; and

"(C) effectively prevents abuse of the voluntary disclosure reporting program through its secondary review of self-disclosures before they are accepted and closed by the Administration.

"(3) Report to congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this section."

§40124. Interstate agreements for airport facilities

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.

(Added Pub. L. 104–287, §5(69)(A), Oct. 11, 1996, 110 Stat. 3395, §40121; renumbered §40124, Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)

Historical and Revision Notes

This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.

Editorial Notes

Amendments

1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(B) is effective Oct. 11, 1996.

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

§40125. Qualifications for public aircraft status

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

(1) Commercial purposes.—The term "commercial purposes" means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat.

(2) Governmental function.—The term "governmental function" means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, biological or geological resource management (including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental.

(3) Qualified non-crewmember.—The term "qualified non-crewmember" means an individual, other than a member of the crew, aboard an aircraft—

(A) operated by the armed forces or an intelligence agency of the United States Government; or

(B) whose presence is required to perform, or is associated with the performance of, a governmental function.

(4) Armed forces.—The term "armed forces" has the meaning given such term by section 101 of title 10.

(b) Aircraft Owned by Governments.—An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.

(c) Aircraft Owned or Operated by the Armed Forces.—

(1) In general.—Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—

(A) the aircraft is operated in accordance with title 10;

(B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or

(C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.

(2) Limitation.—An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense.

(d) Search and Rescue Purposes.—An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—

(1) there are extraordinary circumstances;

(2) the aircraft will be used for the performance of search and rescue missions;

(3) a community would not otherwise have access to search and rescue services; and

(4) a government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.

(Added Pub. L. 106–181, title VII, §702(b)(1), Apr. 5, 2000, 114 Stat. 155; amended Pub. L. 110–181, div. A, title X, §1078(b), (c), Jan. 28, 2008, 122 Stat. 334; Pub. L. 112–141, div. C, title V, §35003, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title III, §355(b), Oct. 5, 2018, 132 Stat. 3305; Pub. L. 118–63, title IX, §923, May 16, 2024, 138 Stat. 1355.)

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–63 substituted "research," for "research, or" and inserted "(including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental" after "biological or geological resource management".

2018—Subsec. (b). Pub. L. 115–254 substituted "(D), or (F)" for "or (D)".

2012—Subsec. (d). Pub. L. 112–141 added subsec. (d).

2008—Subsec. (b). Pub. L. 110–181, §1078(c)(1), substituted "section 40102(a)(41)" for "section 40102(a)(37)".

Subsec. (c)(1). Pub. L. 110–181, §1078(c)(2), substituted "section 40102(a)(41)(E)" for "section 40102(a)(37)(E)" in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 110–181, §1078(b), inserted "or other commercial air service" after "transportation".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

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.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 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.

§40126. Severable services contracts for periods crossing fiscal years

(a) In General.—The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that begins in 1 fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed 1 year.

(b) Obligation of Funds.—Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).

(Added Pub. L. 106–181, title VII, §705(a), Apr. 5, 2000, 114 Stat. 157.)

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.

§40127. Prohibitions on discrimination

(a) Persons in Air Transportation.—An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.

(b) Use of Private Airports.—Notwithstanding any other provision of law, no State or local government may prohibit the use or full enjoyment of a private airport within its jurisdiction by any person on the basis of that person's race, color, national origin, religion, sex, or ancestry.

(Added Pub. L. 106–181, title VII, §706(a), Apr. 5, 2000, 114 Stat. 157.)

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.

Training Policies Regarding Racial, Ethnic, and Religious Nondiscrimination

Pub. L. 115–254, div. B, title IV, §407, Oct. 5, 2018, 132 Stat. 3330, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States 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] and the Secretary of Transportation a report describing—

"(1) each air carrier's training policy for its employees and contractors regarding racial, ethnic, and religious nondiscrimination; and

"(2) how frequently an air carrier is required to train new employees and contractors because of turnover in positions that require such training.

"(b) Best Practices.—After the date the report is submitted under subsection (a), the Secretary shall develop and disseminate to air carriers best practices necessary to improve the training policies described in subsection (a), based on the findings of the report and in consultation with—

"(1) passengers of diverse racial, ethnic, and religious backgrounds;

"(2) national organizations that represent impacted communities;

"(3) air carriers;

"(4) airport operators; and

"(5) contract service providers."

§40128. Overflights of national parks

(a) In General.—

(1) General requirements.—A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal lands, as defined by this section, except—

(A) in accordance with this section;

(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and

(C) in accordance with any applicable air tour management plan or voluntary agreement under subsection (b)(7) for the park or tribal lands.

(2) Application for operating authority.—

(A) Application required.—Before commencing commercial air tour operations over a national park or tribal lands, a commercial air tour operator shall apply to the Administrator for authority to conduct the operations over the park or tribal lands.

(B) Competitive bidding for limited capacity parks.—Whenever an air tour management plan limits the number of commercial air tour operations over a national park during a specified time frame, the Administrator, in cooperation with the Director, shall issue operation specifications to commercial air tour operators that conduct such operations. The operation specifications shall include such terms and conditions as the Administrator and the Director find necessary for management of commercial air tour operations over the park. The Administrator, in cooperation with the Director, shall develop an open competitive process for evaluating proposals from persons interested in providing commercial air tour operations over the park. In making a selection from among various proposals submitted, the Administrator, in cooperation with the Director, shall consider relevant factors, including—

(i) the safety record of the person submitting the proposal or pilots employed by the person;

(ii) any quiet aircraft technology proposed to be used by the person submitting the proposal;

(iii) the experience of the person submitting the proposal with commercial air tour operations over other national parks or scenic areas;

(iv) the financial capability of the person submitting the proposal;

(v) any training programs for pilots provided by the person submitting the proposal; and

(vi) responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park.

(C) Number of operations authorized.—In determining the number of authorizations to issue to provide commercial air tour operations over a national park, the Administrator, in cooperation with the Director, shall take into consideration the provisions of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided by any such operators, and the financial viability of each commercial air tour operation.

(D) Cooperation with nps.—Before granting an application under this paragraph, the Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with subsection (b) and implement such plan.

(E) Time limit on response to atmp applications.—The Administrator shall make every effort to act on any application under this paragraph and issue a decision on the application not later than 24 months after it is received or amended.

(F) Priority.—In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Administrator shall give priority to an application under this paragraph in any case in which a new entrant commercial air tour operator is seeking operating authority with respect to that national park.

(3) Exception.—Notwithstanding paragraph (1), commercial air tour operators may conduct commercial air tour operations over a national park under part 91 of title 14, Code of Federal Regulations if—

(A) such activity is permitted under part 119 of such title;

(B) the operator secures a letter of agreement from the Administrator and the national park superintendent for that national park describing the conditions under which the operations will be conducted; and

(C) the total number of operations under this exception is limited to not more than five flights in any 30-day period over a particular park.

(4) Special rule for safety requirements.—Notwithstanding subsection (c), an existing commercial air tour operator shall apply, not later than 90 days after the date of the enactment of this section, for operating authority under part 119, 121, or 135 of title 14, Code of Federal Regulations. A new entrant commercial air tour operator shall apply for such authority before conducting commercial air tour operations over a national park or tribal lands. The Administrator shall make every effort to act on any such application for a new entrant and issue a decision on the application not later than 24 months after it is received or amended.

(5) Exemption for national parks with 50 or fewer flights each year.—

(A) In general.—Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour operations over the park each year shall be exempt from the requirements of this section, except as provided in subparagraph (B).

(B) Withdrawal of exemption.—If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).

(C) List of parks.—

(i) In general.—The Director and Administrator shall jointly publish a list each year of national parks that are covered by the exemption provided under this paragraph.

(ii) Notification of withdrawal of exemption.—The Director shall inform the Administrator, in writing, of each determination to withdraw an exemption under subparagraph (B).

(D) Annual report.—A commercial air tour operator conducting commercial air tour operations over a national park that is exempt from the requirements of this section shall submit to the Administrator and the Director a report each year that includes the number of commercial air tour operations the operator conducted during the preceding 1-year period over such park.

(b) Air Tour Management Plans.—

(1) Establishment.—

(A) In general.—The Administrator, in cooperation with the Director, shall establish an air tour management plan for any national park or tribal land for which such a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the park. The air tour management plan shall be developed by means of a public process in accordance with paragraph (4).

(B) Objective.—The objective of any air tour management plan shall be to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal lands.

(C) Exception.—An application to begin or expand commercial air tour operations at Crater Lake National Park or Great Smoky Mountains National Park may be denied without the establishment of an air tour management plan by the Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor experiences.

(2) Environmental determination.—In establishing an air tour management plan under this subsection, the Administrator and the Director shall each sign the environmental decision document required by section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include a finding of no significant impact, an environmental assessment, or an environmental impact statement and the record of decision for the air tour management plan.

(3) Contents.—An air tour management plan for a national park—

(A) may prohibit commercial air tour operations over a national park in whole or in part;

(B) may establish conditions for the conduct of commercial air tour operations over a national park, including commercial air tour routes, maximum or minimum altitudes, time-of-day restrictions, restrictions for particular events, maximum number of flights per unit of time, intrusions on privacy on tribal lands, and mitigation of noise, visual, or other impacts;

(C) shall apply to all commercial air tour operations over a national park that are also within ½ mile outside the boundary of a national park;

(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and curfews) for the adoption of quiet aircraft technology by commercial air tour operators conducting commercial air tour operations over a national park;

(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations over a national park if the plan includes a limitation on the number of commercial air tour operations for any time period; and

(F) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of decision.

(4) Procedure.—In establishing an air tour management plan for a national park or tribal lands, the Administrator and the Director shall—

(A) hold at least one public meeting with interested parties to develop the air tour management plan;

(B) publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public;

(C) comply with the regulations set forth in sections 1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying with the regulations, the Federal Aviation Administration shall be the lead agency and the National Park Service is a cooperating agency);

(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commercial air tour operation over the park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C); and

(E) consult with the advisory group established under section 805 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) and consider all advice, information, and recommendations provided by the advisory group to the Administrator and the Director.

(5) Judicial review.—An air tour management plan developed under this subsection shall be subject to judicial review.

(6) Amendments.—The Administrator, in cooperation with the Director, may make amendments to an air tour management plan. Any such amendments shall be published in the Federal Register for notice and comment. A request for amendment of an air tour management plan shall be made in such form and manner as the Administrator may prescribe.

(7) Voluntary agreements.—

(A) In general.—As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a commercial air tour operator (including a new entrant commercial air tour operator and an operator that has interim operating authority) that has applied to conduct commercial air tour operations over a national park to manage commercial air tour operations over such national park.

(B) Park protection.—A voluntary agreement under this paragraph with respect to commercial air tour operations over a national park shall address the management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic control system and may—

(i) include provisions such as those described in subparagraphs (B) through (E) of paragraph (3);

(ii) include provisions to ensure the stability of, and compliance with, the voluntary agreement; and

(iii) provide for fees for such operations.

(C) Public review.—The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection.

(D) Termination.—

(i) In general.—A voluntary agreement under this paragraph may be terminated at any time at the discretion of—

(I) the Director, if the Director determines that the agreement is not adequately protecting park resources or visitor experiences; or

(II) the Administrator, if the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system.

(ii) Effect of termination.—If a voluntary agreement with respect to a national park is terminated under this subparagraph, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.

(c) Interim Operating Authority.—

(1) In general.—Upon application for operating authority, the Administrator shall grant interim operating authority under this subsection to a commercial air tour operator for commercial air tour operations over a national park or tribal lands for which the operator is an existing commercial air tour operator.

(2) Requirements and limitations.—Interim operating authority granted under this subsection—

(A) shall provide annual authorization only for the greater of—

(i) the number of flights used by the operator to provide the commercial air tour operations over a national park within the 12-month period prior to the date of the enactment of this section; or

(ii) the average number of flights per 12-month period used by the operator to provide such operations within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period;

(B) may not provide for an increase in the number of commercial air tour operations over a national park conducted during any time period by the commercial air tour operator above the number that the air tour operator was originally granted unless such an increase is agreed to by the Administrator and the Director;

(C) shall be published in the Federal Register to provide notice and opportunity for comment;

(D) may be revoked by the Administrator for cause;

(E) shall terminate 180 days after the date on which an air tour management plan is established for the park or tribal lands;

(F) shall promote protection of national park resources, visitor experiences, and tribal lands;

(G) shall promote safe commercial air tour operations;

(H) shall promote the adoption of quiet technology, as appropriate; and

(I) may allow for modifications of the interim operating authority without further environmental review beyond that described in this subsection, if—

(i) adequate information regarding the existing and proposed operations of the operator under the interim operating authority is provided to the Administrator and the Director;

(ii) the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and

(iii) the Director agrees with the modification, based on the professional expertise of the Director regarding the protection of the resources, values, and visitor use and enjoyment of the park.

(3) New entrant air tour operators.—

(A) In general.—The Administrator, in cooperation with the Director, may grant interim operating authority under this paragraph to an air tour operator for a national park or tribal lands for which that operator is a new entrant air tour operator without further environmental process beyond that described in this paragraph, if—

(i) adequate information on the proposed operations of the operator is provided to the Administrator and the Director by the operator making the request;

(ii) the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and

(iii) the Director agrees, based on the Director's professional expertise regarding the protection of park resources and values and visitor use and enjoyment.

(B) Safety limitation.—The Administrator may not grant interim operating authority under subparagraph (A) if the Administrator determines that it would create a safety problem at the park or on the tribal lands, or the Director determines that it would create a noise problem at the park or on the tribal lands.

(C) ATMP limitation.—The Administrator may grant interim operating authority under subparagraph (A) of this paragraph only if the air tour management plan for the park or tribal lands to which the application relates has not been developed within 24 months after the date of the enactment of this section.

(d) Commercial Air Tour Operator Reports.—

(1) Report.—Each commercial air tour operator conducting a commercial air tour operation over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan or voluntary agreement under subsection (b) shall submit to the Administrator and the Director a report regarding the number of commercial air tour operations over each national park that are conducted by the operator and such other information as the Administrator and Director may request in order to facilitate administering the provisions of this section.

(2) Report submission.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Administrator and the Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and the Director with a frequency and in a format prescribed by the Administrator and the Director.

(e) Exemptions.—This section shall not apply to—

(1) the Grand Canyon National Park; or

(2) tribal lands within or abutting the Grand Canyon National Park.

(f) Lake Mead.—This section shall not apply to any air tour operator while flying over or near the Lake Mead National Recreation Area, solely as a transportation route, to conduct an air tour over the Grand Canyon National Park. For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route.

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

(1) Commercial air tour operator.—The term "commercial air tour operator" means any person who conducts a commercial air tour operation over a national park.

(2) Existing commercial air tour operator.—The term "existing commercial air tour operator" means a commercial air tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on the date of the enactment of this section.

(3) New entrant commercial air tour operator.—The term "new entrant commercial air tour operator" means a commercial air tour operator that—

(A) applies for operating authority as a commercial air tour operator for a national park or tribal lands; and

(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the application.

(4) Commercial air tour operation over a national park.—

(A) In general.—The term "commercial air tour operation over a national park" means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within ½ mile outside the boundary of any national park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park), during which the aircraft flies—

(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft); or

(ii) less than 1 mile laterally from any geographic feature within the park (unless more than ½ mile outside the boundary).

(B) Factors to consider.—In making a determination of whether a flight is a commercial air tour operation over a national park for purposes of this section, the Administrator may consider—

(i) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;

(ii) whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the flight;

(iii) the area of operation;

(iv) the frequency of flights conducted by the person offering the flight;

(v) the route of flight;

(vi) the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight;

(vii) whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and

(viii) any other factors that the Administrator and the Director consider appropriate.

(5) National park.—The term "national park" means any unit of the National Park System.

(6) Tribal lands.—The term "tribal lands" means Indian country (as that term is defined in section 1151 of title 18) that is within or abutting a national park.

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

(8) Director.—The term "Director" means the Director of the National Park Service.

(Added Pub. L. 106–181, title VIII, §803(a), Apr. 5, 2000, 114 Stat. 186; amended Pub. L. 108–176, title III, §323(a), Dec. 12, 2003, 117 Stat. 2541; Pub. L. 109–115, div. A, title I, §177, Nov. 30, 2005, 119 Stat. 2427; Pub. L. 112–95, title V, §501, Feb. 14, 2012, 126 Stat. 100; Pub. L. 112–141, div. C, title V, §35002, July 6, 2012, 126 Stat. 843; Pub. L. 115–254, div. B, title V, §539(c), Oct. 5, 2018, 132 Stat. 3370; Pub. L. 118–63, title VI, §628, May 16, 2024, 138 Stat. 1243.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsecs. (a)(4), (c)(2)(A), (3)(C), and (g)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Section 805 of the National Parks Air Tour Management Act of 2000, referred to in subsec. (b)(4)(E), is section 805 of title VIII of Pub. L. 106–181, which is set out in a note under section 40128 of this title.

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

Subsec. (b)(4)(E). Pub. L. 118–63 added subpar. (E).

2018—Subsec. (a)(3). Pub. L. 115–254 substituted "under part 91 of title 14," for "under part 91 of the title 14,".

2012—Subsec. (a)(1)(C). Pub. L. 112–95, §501(a), inserted "or voluntary agreement under subsection (b)(7)" before "for the park".

Subsec. (a)(5). Pub. L. 112–95, §501(b), added par. (5).

Subsec. (b)(1)(C). Pub. L. 112–141 amended subpar. (C) generally. Prior to amendment, text read as follows: "An application to begin commercial air tour operations at Crater Lake National Park may be denied without the establishment of an air tour management plan by the Director of the National Park Service if the Director determines that such operations would adversely affect park resources or visitor experiences."

Pub. L. 112–95, §501(c)(1), added subpar. (C).

Subsec. (b)(7). Pub. L. 112–95, §501(c)(2), added par. (7).

Subsec. (c)(2)(I). Pub. L. 112–95, §501(d)(1), added subpar. (I) and struck out former subpar. (I) which read as follows: "shall allow for modifications of the interim operating authority based on experience if the modification improves protection of national park resources and values and of tribal lands."

Subsec. (c)(3)(A). Pub. L. 112–95, §501(d)(2), substituted "without further environmental process beyond that described in this paragraph, if—" for "if the Administrator determines the authority is necessary to ensure competition in the provision of commercial air tour operations over the park or tribal lands." and added cls. (i) to (iii).

Subsecs. (d) to (g). Pub. L. 112–95, §501(e), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

2005—Subsec. (e). Pub. L. 109–115 inserted at end "For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route."

2003—Subsec. (a)(1). Pub. L. 108–176, §323(a)(1), inserted ", as defined by this section," after "tribal lands" in introductory provisions.

Subsec. (b)(3)(A), (B). Pub. L. 108–176, §323(a)(2), inserted "over a national park" after "operations".

Subsec. (b)(3)(C). Pub. L. 108–176, §323(a)(3), inserted "over a national park that are also" after "operations".

Subsec. (b)(3)(D). Pub. L. 108–176, §323(a)(4), substituted "over a national park" for "at the park".

Subsec. (b)(3)(E). Pub. L. 108–176, §323(a)(5), inserted "over a national park" before "if the plan includes".

Subsec. (c)(2)(A)(i), (B). Pub. L. 108–176, §323(a)(6), inserted "over a national park" after "operations".

Subsec. (f)(1). Pub. L. 108–176, §323(a)(7), inserted "over a national park" after "operation".

Subsec. (f)(4). Pub. L. 108–176, §323(a)(10), inserted "over a national park" after "operation" in heading.

Subsec. (f)(4)(A). Pub. L. 108–176, §323(a)(8), in introductory provisions, substituted "commercial air tour operation over a national park" for "commercial air tour operation" and "park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park)," for "park, or over tribal lands,".

Subsec. (f)(4)(B). Pub. L. 108–176, §323(a)(9), inserted "over a national park" after "operation" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

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

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.

Overflights in Grand Canyon National Park

Pub. L. 112–141, div. C, title V, §35001, July 6, 2012, 126 Stat. 842, provided that:

"(a) Determinations With Respect to Substantial Restoration of Natural Quiet and Experience.—

"(1) In general.—Notwithstanding any other provision of law, for purposes of section 3(b)(1) of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]), the substantial restoration of the natural quiet and experience of the Grand Canyon National Park (in this section referred to as the 'Park') shall be considered to be achieved in the Park if, for at least 75 percent of each day, 50 percent of the Park is free of sound produced by commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].

"(2) Considerations.—

"(A) In general.—For purposes of determining whether substantial restoration of the natural quiet and experience of the Park has been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section referred to as the 'Secretary') shall use—

"(i) the 2-zone system for the Park in effect on the date of enactment of this Act to assess impacts relating to substantial restoration of natural quiet at the Park, including—

     "(I) the thresholds for noticeability and audibility; and

     "(II) the distribution of land between the 2 zones; and

"(ii) noise modeling science that is—

     "(I) developed for use at the Park, specifically Integrated Noise Model Version 6.2;

     "(II) validated by reasonable standards for conducting field observations of model results; and

     "(III) accepted and validated by the Federal Interagency Committee on Aviation Noise.

"(B) Sound from other sources.—The Secretary shall not consider sound produced by sources other than commercial air tour operations, including sound emitted by other types of aircraft operations or other noise sources, for purposes of—

"(i) making recommendations, developing a final plan, or issuing regulations relating to commercial air tour operations in the Park; or

"(ii) determining under paragraph (1) whether substantial restoration of the natural quiet and experience of the Park has been achieved.

"(3) Continued monitoring.—The Secretary shall continue monitoring noise from aircraft operating over the Park below 17,999 feet MSL to ensure continued compliance with the substantial restoration of natural quiet and experience of the Park.

"(4) Day defined.—For purposes of this section, the term 'day' means the hours between 7:00 a.m. and 7:00 p.m.

"(b) Conversion to Quiet Technology Aircraft.—

"(1) In general.—Not later than 15 years after the date of enactment of this Act, all commercial air tour aircraft operating in the Grand Canyon National Park Special Flight Rules Area shall be required to fully convert to quiet aircraft technology (as determined in accordance with regulations in effect on the day before the date of enactment of this Act).

"(2) Conversion incentives.—Not later than 60 days after the date of enactment of this Act, the Secretary and the Administrator of the Federal Aviation Administration shall provide incentives for commercial air tour operators that convert to quiet aircraft technology (as determined in accordance with the regulations in effect on the day before the date of enactment of this Act) before the date specified in paragraph (1), such as increasing the flight allocations for such operators on a net basis consistent with section 804(c) of the National Park[s] Air Tours [Tour] Management Act of 2000 (title VIII of Public Law 106–181) [set out below], provided that the cumulative impact of such operations does not increase noise at Grand Canyon National Park."

Grand Canyon Overflight Rules

Pub. L. 109–115, div. A, title I, §177, Nov. 30, 2005, 119 Stat. 2427, provided in part that: "Nothing in this provision [amending this section] shall allow exemption from overflight rules for the Grand Canyon."

Quiet Technology Rulemaking for Air Tours Over Grand Canyon National Park

Pub. L. 108–176, title III, §323(b), Dec. 12, 2003, 117 Stat. 2541, provided that:

"(1) Deadline for rule.—No later than January 2005, the Secretary of Transportation shall issue a final rule to establish standards for quiet technology that are reasonably achievable at Grand Canyon National Park, based on the Supplemental Notice of Proposed Rulemaking on Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park, published in the Federal Register on March 24, 2003.

"(2) Resolution of disputes.—Subject to applicable administrative law and procedures, if the Secretary determines that a dispute among interested parties (including outside groups) or government agencies cannot be resolved within a reasonable time frame and could delay finalizing the rulemaking described in subsection (a), or implementation of final standards under such rule, due to controversy over adoption of quiet technology routes, establishment of incentives to encourage adoption of such routes, establishment of incentives to encourage adoption of quite technology, or other measures to achieve substantial restoration of natural quiet, the Secretary shall refer such dispute to a recognized center for environmental conflict resolution."

National Parks Air Tour Management

Pub. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended by Pub. L. 106–528, §8(b), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 117–286, §4(a)(312), Dec. 27, 2022, 136 Stat. 4340, provided that:

"SEC. 801. SHORT TITLE.

"This title may be cited as the 'National Parks Air Tour Management Act of 2000'.

"SEC. 802. FINDINGS.

"Congress finds that—

"(1) the Federal Aviation Administration has sole authority to control airspace over the United States;

"(2) the Federal Aviation Administration has the authority to preserve, protect, and enhance the environment by minimizing, mitigating, or preventing the adverse effects of aircraft overflights on public and tribal lands;

"(3) the National Park Service has the responsibility of conserving the scenery and natural and historic objects and wildlife in national parks and of providing for the enjoyment of the national parks in ways that leave the national parks unimpaired for future generations;

"(4) the protection of tribal lands from aircraft overflights is consistent with protecting the public health and welfare and is essential to the maintenance of the natural and cultural resources of Indian tribes;

"(5) the National Parks Overflights Working Group, composed of general aviation, commercial air tour, environmental, and Native American representatives, recommended that the Congress enact legislation based on the Group's consensus work product; and

"(6) this title reflects the recommendations made by that Group.

"SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.

"(a) In General.—[Enacted this section.]

"(b) Conforming Amendment.—[Amended analysis for chapter 401 of this title.]

"(c) Compliance With Other Regulations.—For purposes of section 40128 of title 49, United States Code—

"(1) regulations issued by the Secretary of Transportation and the Administrator [of the Federal Aviation Administration] under section 3 of Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]); and

"(2) commercial air tour operations carried out in compliance with the requirements of those regulations,

shall be deemed to meet the requirements of such section 40128.

"SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.

"(a) Quiet Technology Requirements.—Within 12 months after the date of the enactment of this Act [Apr. 5, 2000], the Administrator shall designate reasonably achievable requirements for fixed-wing and helicopter aircraft necessary for such aircraft to be considered as employing quiet aircraft technology for purposes of this section. If the Administrator determines that the Administrator will not be able to make such designation before the last day of such 12-month period, the Administrator shall transmit to Congress a report on the reasons for not meeting such time period and the expected date of such designation.

"(b) Routes or Corridors.—In consultation with the Director and the advisory group established under section 805, the Administrator shall establish, by rule, routes or corridors for commercial air tour operations (as defined in section 40128(f) of title 49, United States Code) by fixed-wing and helicopter aircraft that employ quiet aircraft technology for—

"(1) tours of the Grand Canyon originating in Clark County, Nevada; and

"(2) 'local loop' tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,

provided that such routes or corridors can be located in areas that will not negatively impact the substantial restoration of natural quiet, tribal lands, or safety.

"(c) Operational Caps.—Commercial air tour operations by any fixed-wing or helicopter aircraft that employs quiet aircraft technology and that replaces an existing aircraft shall not be subject to the operational flight allocations that apply to other commercial air tour operations of the Grand Canyon, provided that the cumulative impact of such operations does not increase noise at the Grand Canyon.

"(d) Modification of Existing Aircraft To Meet Standards.—A commercial air tour operation by a fixed-wing or helicopter aircraft in a commercial air tour operator's fleet on the date of the enactment of this Act [Apr. 5, 2000] that meets the requirements designated under subsection (a), or is subsequently modified to meet the requirements designated under subsection (a), may be used for commercial air tour operations under the same terms and conditions as a replacement aircraft under subsection (c) without regard to whether it replaces an existing aircraft.

"(e) Mandate To Restore Natural Quiet.—Nothing in this Act [should be "this title"] shall be construed to relieve or diminish—

"(1) the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the Federal Aviation Administration under Public Law 100–91 ([former] 16 U.S.C. 1a–1 note [now set out below]) to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park; and

"(2) the obligations of the Secretary and the Administrator to promulgate forthwith regulations to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park.

"SEC. 805. ADVISORY GROUP.

"(a) Establishment.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] and the Director of the National Park Service shall jointly establish an advisory group to provide continuing advice and counsel with respect to commercial air tour operations over and near national parks.

"(b) Membership.—

"(1) In general.—The advisory group shall be composed of—

"(A) a balanced group of—

"(i) representatives of general aviation;

"(ii) representatives of commercial air tour operators;

"(iii) representatives of environmental concerns; and

"(iv) representatives of Indian tribes;

"(B) a representative of the Federal Aviation Administration; and

"(C) a representative of the National Park Service.

"(2) Ex officio members.—The Administrator (or the designee of the Administrator) and the Director (or the designee of the Director) shall serve as ex officio members.

"(3) Chairperson.—The representative of the Federal Aviation Administration and the representative of the National Park Service shall serve alternating 1-year terms as chairman of the advisory group, with the representative of the Federal Aviation Administration serving initially until the end of the calendar year following the year in which the advisory group is first appointed.

"(c) Duties.—The advisory group shall provide advice, information, and recommendations to the Administrator and the Director—

"(1) on the implementation of this title and the amendments made by this title;

"(2) on commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan;

"(3) on other measures that might be taken to accommodate the interests of visitors to national parks; and

"(4) at the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.

"(d) Compensation; Support; Chapter 10 of Title 5, United States Code.—

"(1) Compensation and travel.—Members of the advisory group who are not officers or employees of the United States, while attending conferences or meetings of the group or otherwise engaged in its business, or while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

"(2) Administrative support.—The Federal Aviation Administration and the National Park Service shall jointly furnish to the advisory group clerical and other assistance.

"(3) Nonapplication of Chapter 10 of title 5, united states code.—Section 1013 of title 5, United States Code, does not apply to the advisory group.

"SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN NATIONAL PARK.

"Effective beginning on the date of the enactment of this Act [Apr. 5, 2000], no commercial air tour operation may be conducted in the airspace over the Rocky Mountain National Park notwithstanding any other provision of this Act or section 40128 of title 49, United States Code.

"SEC. 807. REPORTS.

"(a) Overflight Fee Report.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] shall transmit to Congress a report on the effects overflight fees are likely to have on the commercial air tour operation industry. The report shall include, but shall not be limited to—

"(1) the viability of a tax credit for the commercial air tour operators equal to the amount of any overflight fees charged by the National Park Service; and

"(2) the financial effects proposed offsets are likely to have on Federal Aviation Administration budgets and appropriations.

"(b) Quiet Aircraft Technology Report.—Not later than 2 years after the date of the enactment of this Act, the Administrator and the Director of the National Park Service shall jointly transmit a report to Congress on the effectiveness of this title in providing incentives for the development and use of quiet aircraft technology.

"SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.

"Any methodology adopted by a Federal agency to assess air tour noise in any unit of the national park system (including the Grand Canyon and Alaska) shall be based on reasonable scientific methods.

"SEC. 809. ALASKA EXEMPTION.

"The provisions of this title and section 40128 of title 49, United States Code, as added by section 803(a), do not apply to any land or waters located in Alaska."

Study To Determine Appropriate Minimum Altitude for Aircraft Flying Over National Park System Units

Pub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub. L. 106–510, §3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363, provided that:

"SECTION 1. STUDY OF PARK OVERFLIGHTS.

"(a) Study by Park Service.—The Secretary of the Interior (hereinafter referred to as the 'Secretary'), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the 'Administrator'), shall provide technical assistance to the Secretary in carrying out the study.

"(b) General Requirements of Study.—The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist.

"(c) Specific Requirements.—The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawai‘i Volcanoes National Park, Haleakalā National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following:

"(1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters;

"(2) the impairment of visitor enjoyment associated with flights over such units of the National Park System;

"(3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and

"(4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting.

Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units.

"(d) Report to Congress.—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary's recommendations will have an adverse effect on the safety of aircraft operations.

"(e) FAA Review of Rules.—The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes.

"(f) Authorization.—There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this section.

"SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALĀ DURING STUDY AND REVIEW.

"(a) Yosemite National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term 'surface' refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley.

"(b) Haleakalā National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakalā National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint.

"(c) Study and Review Periods.—For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act [Aug. 18, 1987] and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress.

"(d) Exceptions.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:

"(1) emergency situations involving the protection of persons or property, including aircraft;

"(2) search and rescue operations;

"(3) flights for purposes of firefighting or for required administrative purposes; and

"(4) compliance with instructions of an air traffic controller.

"(e) Enforcement.—For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103(b)]. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987].

"SEC. 3. GRAND CANYON NATIONAL PARK.

"(a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users.

"(b) Recommendations.—

"(1) Submission.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph.

"(2) Implementation.—Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator's authority to implement such regulations under the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations applicable to the units of the National Park System as he deems appropriate.

"(3) Report.—Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing—

"(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and

"(B) such other matters, including possible revisions in the plan, as may be of interest.

The report shall include comments by the Administrator regarding the effect of the plan's implementation on aircraft safety.

"(c) Helicopter Flights of River Runners.—Subsection (b) shall not prohibit the flight of helicopters—

"(1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and

"(2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip.

"SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.

"The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (92 Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug. 18, 1987]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness.

"SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.

"(a) Assessment by Forest Service.—The Chief of the Forest Service (hereinafter referred to as the 'Chief') shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska.

"(b) Report to Congress.—The Chief shall submit a report to Congress within 2 years after enactment of this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section.

"(c) Authorization.—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section.

"SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.

"In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land."

§40129. Collaborative decisionmaking pilot program

(a) Establishment.—Not later than 90 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a collaborative decisionmaking pilot program in accordance with this section.

(b) Duration.—Except as provided in subsection (k), the pilot program shall be in effect for a period of 2 years.

(c) Guidelines.—

(1) Issuance.—The Administrator, with the concurrence of the Attorney General, shall issue guidelines concerning the pilot program. Such guidelines, at a minimum, shall—

(A) define a capacity reduction event;

(B) establish the criteria and process for determining when a capacity reduction event exists that warrants the use of collaborative decisionmaking among carriers at airports participating in the pilot program; and

(C) prescribe the methods of communication to be implemented among carriers during such an event.

(2) Views.—The Administrator may obtain the views of interested parties in issuing the guidelines.

(d) Effect of Determination of Existence of Capacity Reduction Event.—Upon a determination by the Administrator that a capacity reduction event exists, the Administrator may authorize air carriers and foreign air carriers operating at an airport participating in the pilot program to communicate for a period of time not to exceed 24 hours with each other concerning changes in their respective flight schedules in order to use air traffic capacity most effectively. The Administration shall facilitate and monitor such communication. The Attorney General, or the Attorney General's designee, may monitor such communication.

(e) Selection of Participating Airports.—Not later than 30 days after the date on which the Administrator establishes the pilot program, the Administrator shall select 2 airports to participate in the pilot program from among the most capacity-constrained airports in the Nation based on the Administration's Airport Capacity Benchmark Report 2001 or more recent data on airport capacity that is available to the Administrator. The Administrator shall select an airport for participation in the pilot program if the Administrator determines that collaborative decisionmaking among air carriers and foreign air carriers would reduce delays at the airport and have beneficial effects on reducing delays in the national airspace system as a whole.

(f) Eligibility of Air Carriers.—An air carrier or foreign air carrier operating at an airport selected to participate in the pilot program is eligible to participate in the pilot program if the Administrator determines that the carrier has the operational and communications capability to participate in the pilot program.

(g) Modification or Termination of Pilot Program at an Airport.—The Administrator, with the concurrence of the Attorney General, may modify or end the pilot program at an airport before the term of the pilot program has expired, or may ban an air carrier or foreign air carrier from participating in the program, if the Administrator determines that the purpose of the pilot program is not being furthered by participation of the airport or air carrier or if the Secretary of Transportation, with the concurrence of the Attorney General, finds that the pilot program or the participation of an air carrier or foreign air carrier in the pilot program has had, or is having, an adverse effect on competition among carriers.

(h) Antitrust Immunity.—

(1) In general.—Unless, within 5 days after receiving notice from the Secretary of the Secretary's intention to exercise authority under this subsection, the Attorney General submits to the Secretary a written objection to such action, including reasons for such objection, the Secretary may exempt an air carrier's or foreign air carrier's activities that are necessary to participate in the pilot program under this section from the antitrust laws for the sole purpose of participating in the pilot program. Such exemption shall not extend to any discussions, agreements, or activities outside the scope of the pilot program.

(2) Antitrust laws defined.—In this section, the term "antitrust laws" has the meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).

(i) Consultation With Attorney General.—The Secretary shall consult with the Attorney General regarding the design and implementation of the pilot program, including determining whether a limit should be set on the number of occasions collaborative decisionmaking could be employed during the initial 2-year period of the pilot program.

(j) Evaluation.—

(1) In general.—Before the expiration of the 2-year period for which the pilot program is authorized under subsection (b), the Administrator shall determine whether the pilot program has facilitated more effective use of air traffic capacity and the Secretary, with the concurrence of the Attorney General, shall determine whether the pilot program has had an adverse effect on airline competition or the availability of air services to communities. The Administrator shall also examine whether capacity benefits resulting from the participation in the pilot program of an airport resulted in capacity benefits to other parts of the national airspace system.

(2) Obtaining necessary data.—The Administrator may require participating air carriers and airports to provide data necessary to evaluate the pilot program's impact.

(k) Extension of Pilot Program.—At the end of the 2-year period for which the pilot program is authorized, the Administrator, with the concurrence of the Attorney General, may continue the pilot program for an additional 2 years and expand participation in the program to up to 7 additional airports if the Administrator determines pursuant to subsection (j) that the pilot program has facilitated more effective use of air traffic capacity and if the Secretary, with the concurrence of the Attorney General, determines that the pilot program has had no adverse effect on airline competition or the availability of air services to communities. The Administrator shall select the additional airports to participate in the extended pilot program in the same manner in which airports were initially selected to participate.

(Added Pub. L. 108–176, title IV, §423(a), Dec. 12, 2003, 117 Stat. 2552.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

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.

§40130. FAA authority to conduct criminal history record checks

(a) Criminal History Background Checks.—

(1) Access to information.—The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—

(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316); and

(B) to receive relevant criminal history record information regarding the airman checked.

(2) Release of information.—In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.

(3) Limitation.—The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.

(4) Reimbursement.—The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.

(b) Designated Employees.—The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).

(Added Pub. L. 112–95, title VIII, §802(a), Feb. 14, 2012, 126 Stat. 118; amended Pub. L. 118–63, title XI, §1101(h), May 16, 2024, 138 Stat. 1413.)

Editorial Notes

Amendments

2024—Subsec. (a)(1)(A). Pub. L. 118–63 substituted "(34 U.S.C. 40316)" for "(42 U.S.C. 14616)".

§40131. National airspace system cyber threat management process

(a) Establishment.—The Administrator of the Federal Aviation Administration, in consultation with the heads of other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of air navigation services provided by the Administration.

(b) Issues To Be Addressed.—In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum—

(1) monitor the national airspace system for significant cybersecurity incidents;

(2) in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines;

(3) conduct national airspace system cyber incident analyses;

(4) create a cyber common operating picture for the national airspace system cyber environment;

(5) coordinate national airspace system significant cyber incident responses with other appropriate Federal agencies;

(6) track significant cyber incident detection, response, mitigation implementation, recovery, and closure;

(7) establish a process, or utilize existing processes, to share relevant significant cyber incident data related to the national airspace system;

(8) facilitate significant cybersecurity reporting, including through the Cybersecurity and Infrastructure Agency; and

(9) consider any other matter the Administrator determines appropriate.

(c) Definitions.—In this section:

(1) Cyber common operating picture.—The term "cyber common operating picture" means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact.

(2) Cyber environment.—The term "cyber environment" means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers.

(3) Cyber incident.—The term "cyber incident" means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of—

(A) the national airspace system;

(B) civil aircraft; or

(C) aeronautical products and articles.

(4) Cyber threat.—The term "cyber threat" means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack.

(5) Electronic attack.—The term "electronic attack" means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing.

(6) Significant cyber incident.—The term "significant cyber incident" means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.

(Added Pub. L. 118–63, title III, §393(a), May 16, 2024, 138 Stat. 1144.)

Statutory Notes and Related Subsidiaries

Cybersecurity Lead

Pub. L. 118–63, title II, §217, May 16, 2024, 138 Stat. 1055, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall designate an executive of the FAA [Federal Aviation Administration] to serve as the lead for the cybersecurity of FAA systems and hardware (in this section referred to as the 'Cybersecurity Lead').

"(b) Duties.—The Cybersecurity Lead shall carry out duties and powers prescribed by the Administrator, including the management of activities required under subtitle B of title III.

"(c) Briefing.—Not later than 1 and 3 years after the date of enactment of this Act [May 16, 2024], the Cybersecurity Lead shall brief the appropriate committees of Congress on the implementation of subtitle B of title III."

Civil Aviation Cybersecurity Rulemaking Committee

Pub. L. 118–63, title III, §395, May 16, 2024, 138 Stat. 1145, 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 convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct reviews (as segmented under subsection (c)) and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, airports, air traffic control mission systems, and aeronautical products and articles.

"(b) Duties.—The Administrator shall—

"(1) for each segmented review conducted by the committee convened under subsection (a), submit to the appropriate committees of Congress a report based on the findings of such review; and

"(2) not later than 180 days after the date of submission of a report under paragraph (1) and, in consultation with other agencies as the Administrator determines necessary, for consensus recommendations reached by such aviation rulemaking committee—

"(A) undertake a rulemaking, if appropriate, based on such recommendations; and

"(B) submit to the appropriate committees of Congress a supplemental report with explanations for each consensus recommendation not addressed, if applicable, by a rulemaking under subparagraph (A).

"(c) Segmentation.—In tasking the aviation rulemaking committee with developing findings and recommendations relating to aviation cybersecurity, the Administrator shall direct such committee to segment and sequence work by the topic or subject matter of regulation, including by directing the committee to establish subgroups to consider different topics and subject matters.

"(d) Composition.—The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of—

"(1) aircraft manufacturers, to include at least 1 manufacturer of transport category aircraft;

"(2) air carriers;

"(3) unmanned aircraft system stakeholders, including operators, service suppliers, and manufacturers of hardware components and software applications;

"(4) manufacturers of powered-lift aircraft;

"(5) airports;

"(6) original equipment manufacturers of ground and space-based aviation infrastructure;

"(7) aviation safety experts with specific knowledge of aircraft cybersecurity; and

"(8) a nonprofit which operates 1 or more federally funded research and development centers with specific knowledge of aviation and cybersecurity.

"(e) Member Eligibility.—Prior to a member's appointment under subsection (c) [probably should be "subsection (d)"], the Administrator shall establish appropriate requirements related to nondisclosure, background investigations, security clearances, or other screening mechanisms for applicable members of the aviation rulemaking committee who require access to sensitive security information or other protected information relevant to the member's duties on the rulemaking committee. Members shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.

"(f) Prohibition on Compensation.—The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee.

"(g) Considerations.—The Administrator may direct such committee to consider—

"(1) existing aviation cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies, and the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance;

"(2) threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions;

"(3) data gathered from cybersecurity or safety reporting;

"(4) the diversity of operations and systems on aircraft and amongst air carriers;

"(5) design approval holder aircraft network security guidance for operators;

"(6) FAA services, aviation industry services, and aircraft use of positioning, navigation, and timing data in the context of Executive Order No. 13905 [6 U.S.C. 651 note], as in effect on the date of enactment of this Act;

"(7) updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks;

"(8) updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness;

"(9) policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles;

"(10) the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies;

"(11) processes for members of the aviation industry to voluntarily report to the FAA cyber incidents that may affect aviation safety in a manner that protects trade secrets and confidential business information;

"(12) appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness;

"(13) appropriate cybersecurity controls for airports relative to the size and nature of airside operations of such airports to ensure aviation safety;

"(14) minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents;

"(15) international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats;

"(16) activities of the Administrator under section 506 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44704 note) (as amended by section 394); and

"(17) any other matter the Administrator determines appropriate.

"(h) Definitions.—The definitions set forth in section 40131 of title 49, United States Code (as added by this subtitle), shall apply to this section."

§40132. National strategic plan for aviation workforce development

(a) In General.—Not later than September 30, 2025, the Secretary of Transportation shall, in consultation with other Federal agencies and the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Council (in this section referred to as the "CAREER Council") established in subsection (c), establish and maintain a national strategic plan to improve recruitment, hiring, and retention and address projected challenges in the civil aviation workforce, including—

(1) any short-term, medium-term, and long-term workforce challenges relevant to the economy, workforce readiness, and priorities of the United States aviation sector;

(2) any existing or projected workforce shortages; and

(3) any workforce situation or condition that warrants special attention by the Federal Government.

(b) Requirements.—The national strategic plan described in subsection (a) shall—

(1) take into account the activities and accomplishments of all Federal agencies that are related to carrying out such plan;

(2) include recommendations for carrying out such plan; and

(3) project and identify, on an annual basis, aviation workforce challenges, including any applicable workforce shortages.

(c) Career Council.—

(1) Establishment.—Not later than September 30, 2025, the Secretary, in consultation with the Administrator, shall establish a council comprised of individuals with expertise in the civil aviation industry to—

(A) assist with developing and maintaining the national strategic plan described in subsection (a); and

(B) provide advice to the Secretary, as appropriate, relating to the CAREER Program established under section 625 of the FAA Reauthorization Act of 2018, including as such advice relates to program administration and grant application selection, and support the development of performance metrics regarding the quality and outcomes of the Program.

(2) Appointment.—The CAREER Council shall be appointed by the Secretary from candidates nominated by national associations representing various sectors of the aviation industry, including—

(A) commercial aviation;

(B) general aviation;

(C) aviation labor organizations, including collective bargaining representatives of Federal Aviation Administration aviation safety inspectors, aviation safety engineers, and air traffic controllers;

(D) aviation maintenance, repair, and overhaul;

(E) aviation manufacturers; and

(F) unmanned aviation.

(3) Term.—Each council member appointed by the Secretary under paragraph (2) shall serve a term of 2 years.

(d) Nondelegation.—The Secretary may not delegate any of the authorities or responsibilities under this section to the Administrator of the Federal Aviation Administration.

(Added Pub. L. 118–63, title IV, §441(a), May 16, 2024, 138 Stat. 1184.)

Editorial Notes

References in Text

Section 625 of the FAA Reauthorization Act of 2018, referred to in subsec. (c)(1)(B), is section 625 of Pub. L. 115–254, which is set out as a note under section 40101 of this title.

Statutory Notes and Related Subsidiaries

Pilot Program To Provide Veterans With Pilot Training Services

Pub. L. 118–63, title IV, §418, May 16, 2024, 138 Stat. 1162, provided that:

"(a) In General.—The Secretary [of Transportation], in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall establish a pilot program to provide grants to eligible entities to provide pilot training activities and related education to support a pathway for veterans to become commercial aviators.

"(b) Eligible Entity.—In this section, the term 'eligible entity' means a pilot school or provisional pilot school that—

"(1) holds an Air Agency Certificate under part 141 of title 14, Code of Federal Regulations; and

"(2) has an established employment pathway with at least 1 air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations.

"(c) Priority Application.—In selecting eligible entities under this section, the Secretary shall prioritize eligible entities that meet the following criteria:

"(1) An eligible entity accredited (as defined in section 61.1 of title 14, Code of Federal Regulations) by an accrediting agency recognized by the Secretary of Education.

"(2) An eligible entity that holds a letter of authorization issued in accordance with section 61.169 of title 14, Code of Federal Regulations.

"(d) Use of Funds.—Amounts from a grant received by an eligible entity under the pilot program established under subsection (a) shall be used for the following:

"(1) Administrative costs related to implementation of the program described in subsection (a) not to exceed 5 percent of the amount awarded.

"(2) To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with an eligible entity, to support such veterans in obtaining any of the following pilot certificates and ratings:

"(A) Private pilot certificate with airplane single-engine or multi-engine ratings.

"(B) Instrument rating.

"(C) Commercial pilot certificate with airplane single-engine or multi-engine ratings.

"(D) Multi-engine rating.

"(E) Certificated flight instructor single-engine certificate, if applicable to the degree sought.

"(F) Certificated flight instructor multi-engine certificate, if applicable to the degree sought.

"(G) Certificated flight instructor instrument certificate, if applicable to the degree sought.

"(3) To provide educational materials, training materials, and equipment to support pilot training activities and related education for veterans enrolled with the eligible entity.

"(4) To provide periodic reports to the Secretary on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2).

"(e) Award Amount Limit.—An award granted to an eligible entity shall not exceed more than $750,000 in any given fiscal year.

"(f) Appropriations.—To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2025 through 2028."

Aviation Workforce Development Programs

Pub. L. 115–254, div. B, title VI, §625, Oct. 5, 2018, 132 Stat. 3405, as amended by Pub. L. 116–92, div. A, title XVII, §1743(a), Dec. 20, 2019, 133 Stat. 1842; Pub. L. 118–63, title IV, §440(a), May 16, 2024, 138 Stat. 1179, provided that:

"(a) In General.—The Secretary of Transportation shall establish—

"(1) a program to provide grants for eligible projects to support the education and recruitment of future aircraft pilots and the development of the aircraft pilot workforce;

"(2) a program to provide grants for eligible projects to support the education and recruitment of aviation maintenance technical workers and the development of the aviation maintenance workforce; and

"(3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and aerospace engineers and the development of the aviation manufacturing workforce.

"(b) Project Grants.—

"(1) In general.—Out of amounts made available under section 48105 of title 49, United States Code, there is authorized to be appropriated—

"(A) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(1);

"(B) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(2); and

"(C) $20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(3).

"(2) Dollar amount limit.—In providing grants under the programs established under subsection (a), the Secretary may not make any grant more than $1,000,000 to any eligible entity in any 1 fiscal year.

"(3) Education projects.—The Secretary [of Transportation] shall ensure that not less than 20 percent of the amounts made available under this subsection is used to carry out a grant program that shall be referred to as the 'Willa Brown Aviation Education Program' under which the Secretary shall provide grants for eligible projects described in subsection (d) that are carried out in counties containing at least 1 qualified opportunity zone (as such term is defined in section 1400Z–1(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1400Z–1(a)]).

"(4) Set aside for technical assistance.—The Secretary may set aside up to 2 percent of the funds appropriated to carry out this subsection for each of fiscal years 2025 through 2028 to provide technical assistance to eligible applicants for a grant under this subsection.

"(5) Consideration for certain applicants.—In reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary may give consideration to applicants that provide an assurance—

"(A) to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including in economically disadvantaged geographic areas and rural communities;

"(B) to address the workforce needs of rural and regional airports; or

"(C) to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), a public institution of higher education, or a public postsecondary vocational institution.

"(c) Eligible Applications.—

"(1) Application for aircraft pilot program.—An application for a grant under the program established under subsection (a)(1) may be submitted, in such form as the Secretary may specify, by—

"(A) an air carrier (as such term is defined in section 40102 of title 49, United States Code);

"(B) an entity that holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations;

"(C) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;

"(D) a flight school that provides flight training, as such term is defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations;

"(E) a labor organization representing professional aircraft pilots;

"(F) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] that is exempt from taxation under section 501(a) of such Code; or

"(G) a State, local, territorial, or Tribal governmental entity.

"(2) Application for aviation maintenance program.—An application for a grant under the program established under subsection (a)(2) may be submitted, in such form as the Secretary may specify, by—

"(A) a holder of a certificate issued under part 21, 121, 135, 145, or 147 of title 14, Code of Federal Regulations;

"(B) a labor organization representing aviation maintenance workers;

"(C) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;

"(D) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or

"(E) a State, local, territorial, or Tribal governmental entity.

"(3) Application for aviation manufacturing program.—An application for a grant under the program established under subsection (a)(3) may be submitted, in such form as the Secretary may specify, by—

"(A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code;

"(B) an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;

"(C) an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code;

"(D) a labor organization representing aerospace engineering, design, or manufacturing workers; or

"(E) a State, local, territorial, or Tribal governmental entity.

"(d) Eligible Projects.—

"(1) Aircraft pilot program.—For purposes of the program established under subsection (a)(1), an eligible project is a project—

"(A) to create and deliver a program or curriculum that provides high school or secondary school students and students of institutions of higher education with meaningful aviation education to become aircraft pilots or unmanned aircraft systems operators, including purchasing and operating a computer-based simulator associated with such curriculum;

"(B) to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment as a professional aircraft pilot or unmanned aircraft systems operator;

"(C) to create and deliver curriculum that provides certified flight instructors with the necessary instructional, leadership, and communication skills to better educate student pilots;

"(D) to support the transition to professional aircraft pilot or unmanned systems operator careers, including for members and veterans of the armed forces;

"(E) to support robust outreach about careers in commercial aviation as a professional aircraft pilot or unmanned system operator, including outreach to populations that are underrepresented in the aviation industry; or

"(F) to otherwise enhance or expand the aircraft pilot or unmanned aircraft system operator workforce.

"(2) Aviation maintenance program.—For purposes of the program established under subsection (a)(2), an eligible project is a project—

"(A) to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation maintenance education to become an aviation mechanic or aviation maintenance technician, including purchasing and operating equipment associated with such curriculum;

"(B) to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation maintenance industry;

"(C) to support the transition to aviation maintenance careers, including for members and veterans of the armed forces;

"(D) to support robust outreach about careers in the aviation maintenance industry, including outreach to populations that are underrepresented in the aviation industry; or

"(E) to otherwise enhance or expand the aviation maintenance technical workforce.

"(3) Aviation manufacturing program.—For purposes of the program established under subsection (a)(3), an eligible project is a project—

"(A) to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation manufacturing education to become an aviation manufacturing technical worker or aerospace engineer, including teaching technical skills used in the engineering and production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance;

"(B) to establish registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation manufacturing industry;

"(C) to support the transition to aviation manufacturing careers, including for members and veterans of the armed forces;

"(D) to support robust outreach about careers in the aviation manufacturing industry, including outreach to populations that are underrepresented in the aviation industry; or

"(E) to otherwise enhance or expand the aviation manufacturing workforce.

"(e) Reporting and Monitoring Requirements.—The Secretary shall establish reasonable reporting and monitoring requirements for grant recipients under this section to measure relevant outcomes for the grant programs established under subsection (a).

"(f) Notice of Grants.—

"(1) Timely public notice.—The Secretary shall provide public notice of any grant awarded under this section in a timely fashion after the Secretary awards such grant.

"(2) Notice to congress.—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] advance notice of a grant to be made under this section.

"(g) Grant Authority.—

"(1) Limit on faa authority.—The authority of the Administrator of the Federal Aviation Administration, acting on behalf of the Secretary, to issue grants under this section shall terminate on October 1, 2027.

"(2) Nondelegation.—Beginning on October 1, 2027, the Secretary shall issue grants under this section and may not delegate any of the authorities or responsibilities under this section to the Administrator.

"(h) Program Name Redesignation.—Beginning on October 1, 2027, the Secretary shall redesignate the name of the program established under subsection (a) as the 'Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program' or the 'CAREER Program'.

"(i) Consultation With Secretary of Education.—The Secretary may consult with the Secretary of Education, as appropriate, in—

"(1) reviewing applications for grants for eligible projects under this section; and

"(2) developing considerations regarding program quality and measurement of student outcomes.

"(j) Report.—Not later than September 30, 2028, the Secretary shall submit to the appropriate committees of Congress a report on the administration of the programs established under subsection (a) covering each of fiscal years 2025 through 2028 that includes—

"(1) a summary of projects awarded grants under this section and the progress of each recipient towards fulfilling program expectations;

"(2) an evaluation of how such projects cumulatively impact the future supply of individuals in the United States aviation workforce, including any related best practices for carrying out such projects;

"(3) recommendations for better coordinating actions by governmental entities, educational institutions, and businesses, aviation labor organizations, or other stakeholders to support aviation workforce growth;

"(4) a review of how many grant recipients engaged with veterans and the resulting impact, if applicable, on recruiting and retaining veterans as part of the aviation workforce; and

"(5) a review of outreach conducted by grant recipients to encourage individuals to participate in aviation careers and the resulting impact, if applicable, on recruiting and retaining such individuals as part of the aviation workforce.

"(k) Program Authority Sunset.—The authority of the Secretary to issue grants under this section shall expire on October 1, 2028.

"(l) Definitions.—In this section:

"(1) Armed forces.—The term 'armed forces' has the meaning given such term in section 101 of title 10, United States Code.

"(2) High school.—The term 'high school' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).

"(3) Institution of higher education.—The term 'institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

"(4) Postsecondary vocational institution.—The term 'postsecondary vocational institution' has the meaning given such term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).

"(5) Secondary school.—The term 'secondary school' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))."

[Pub. L. 118–63, title IV, §440(b), May 16, 2024, 138 Stat. 1184, provided that: "The amendment made by subsection (a) [amending section 625 of Pub. L. 115–254, set out above] shall take effect on October 1, 2024."]

[Pub. L. 116–92, div. A, title XVII, §1743(b), Dec. 20, 2019, 133 Stat. 1842, provided that: "The amendments made by subsection (a) [amending section 625 of Pub. L. 115–254, set out above] shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254)."]

subpart ii—economic regulation

CHAPTER 411—AIR CARRIER CERTIFICATES

        

Editorial Notes

Amendments

1996—Pub. L. 104–264, title VII, §703(b), Oct. 9, 1996, 110 Stat. 3268, added item 41113.

§41101. Requirement for a certificate

(a) General.—Except as provided in this chapter or another law—

(1) an air carrier may provide air transportation only if the air carrier holds a certificate issued under this chapter authorizing the air transportation;

(2) a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued under this chapter authorizing the charter air transportation; and

(3) an air carrier may provide all-cargo air transportation only if the air carrier holds a certificate issued under this chapter authorizing the all-cargo air transportation.

(b) Through Service and Joint Transportation.—A citizen of the United States providing transportation in a State of passengers or property as a common carrier for compensation with aircraft capable of carrying at least 30 passengers, under authority granted by the appropriate State authority—

(1) may provide transportation for passengers and property that includes through service by the citizen over its routes in the State and in air transportation by an air carrier or foreign air carrier; and

(2) subject to sections 41309 and 42111 of this title, may make an agreement with an air carrier or foreign air carrier to provide the joint transportation.

(c) Proprietary or Exclusive Right Not Conferred.—A certificate issued under this chapter does not confer a proprietary or exclusive right to use airspace, an airway of the United States, or an air navigation facility.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1118.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41101(a)(1)	49 App.:1371(a).	Aug. 23, 1958, Pub. L. 85–726, §401(a), (i), 72 Stat. 754, 756.
41101(a)(2)	49 App.:1301(14) (related to certificate).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(14) (related to certificate); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(1), 92 Stat. 1705.
41101(a)(3)	(no source).
41101(b)	49 App.:1371(d) (4)(A)(i), (ii) (related to joint services).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(i), (ii) (related to joint services); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713.
41101(c)	49 App.:1371(i).

In subsections (a)(2) and (c), the words "issued under this chapter" are added for clarity.

In subsection (a), the word "provide" is substituted for "engage in" for consistency in the revised title. The words before clause (1) are added to inform the reader that other provisions of the chapter and other laws qualify the requirement of being licensed by the Secretary of Transportation. In clause (1), the word "holds" is substituted for "there is in force" to eliminate unnecessary words. The words "under this chapter" are substituted for "by the Board" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. Clause (3) is included to inform the reader at the beginning of this chapter about all of the types of certificates and permits that the Secretary may issue under this subchapter.

In subsection (b), the word "passengers" is substituted for "persons" for consistency in the revised title. Before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "providing transportation" are substituted for "undertakes . . . the carriage of" for consistency in the revised title. The words "or hire" are omitted as surplus and for consistency. The words "for such carriage within such State" are omitted as surplus. In clause (1), the words "through service" are substituted for "transportation" the first time it appears for clarity. In clause (2), the words "the requirements of" and "for such through services" are omitted as surplus.

In subsection (c), the word "property" is omitted as surplus. The words "landing area" are omitted because they are included in the definition of "air navigation facility" in section 40102(a) of the revised title.

§41102. General, temporary, and charter air transportation certificates of air carriers

(a) Issuance.—The Secretary of Transportation may issue a certificate of public convenience and necessity to a citizen of the United States authorizing the citizen to provide any part of the following air transportation the citizen has applied for under section 41108 of this title:

(1) air transportation as an air carrier.

(2) temporary air transportation as an air carrier for a limited period.

(3) charter air transportation as a charter air carrier.

(b) Findings Required for Issuance.—(1) Before issuing a certificate under subsection (a) of this section, the Secretary must find that the citizen is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this part and regulations of the Secretary.

(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity.

(c) Temporary Certificates.—The Secretary may issue a certificate under subsection (a) of this section for interstate air transportation (except the transportation of passengers) or foreign air transportation for a temporary period of time (whether the application is for permanent or temporary authority) when the Secretary decides that a test period is desirable—

(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or

(2) to evaluate the new transportation.

(d) Foreign Air Transportation.—The Secretary shall submit each decision authorizing the provision of foreign air transportation to the President under section 41307 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41102(a)	49 App.:1371(d)(1) (words before 1st comma and after semicolon), (2) (1st–32d words).	Aug. 23, 1958, Pub. L. 85–726, §401(d)(1), (2), 72 Stat. 755; Oct. 24, 1978, Pub. L. 95–504, §8, 92 Stat. 1712; restated Feb. 15, 1980, Pub. L. 96–192, §4, 94 Stat. 37.
	49 App.:1371(d)(3) (words before 6th comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(3); added July 10, 1962, Pub. L. 87–528, §2, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, §8, 92 Stat. 1712; restated Feb. 15, 1980, Pub. L. 96–192, §4, 94 Stat. 37.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41102(b)(1)	49 App.:1371(d)(1) (words between 1st and last commas), (2) (42d–last words), (3) (words after 7th comma).
	49 App.:1551(b)(1)(E).
41102(b)(2)	49 App.:1371(d)(1) (words between last comma and semicolon), (2) (33d–41st words), (3) (words between 6th and 7th commas).
	49 App.:1551(a)(1)(A).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a) (1)(A), (B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.
	49 App.:1551(b)(1)(E).
41102(c)	49 App.:1371(d)(8) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(8) (1st sentence); added Oct. 24, 1978, Pub. L. 95–504, §13, 92 Stat. 1718.
	49 App.:1551(a)(1)(B), (b)(1)(E).
41102(d)	(no source).

In this section, the words "citizen of the United States" and "citizen" are substituted for "applicant" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title, and only an air carrier may be a "charter air carrier" as defined in section 40102(a). The word "provide" is substituted for "perform" for consistency in the revised title.

In subsection (a), before clause (1), the words "of public convenience and necessity" are added for clarity. The words "any part of" are substituted for "the whole or any part of" to eliminate unnecessary words. In clauses (2) and (3), the words "In the case of" are omitted as surplus. In clause (3), the words "for such periods" are omitted as surplus.

In subsection (b)(1), the word "comply" is substituted for "conform" for consistency in the revised title. The words "properly" and "requirements" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations".

In subsection (b)(2), the words "foreign air transportation" are added because 49 App.:1551(a)(1)(A) provides that 49 App.:1371(d)(1)–(3) no longer applies to interstate or overseas transportation of persons. After January 1, 1985, other interstate and overseas air transportation and the domestic air transportation of mail do not require a certificate of public convenience and necessity. See H. Rept. 98–793, 98th Cong., 2d Sess., p.10 (1984).

In subsection (c), before clause (1), the words "issue a certificate" are substituted for "grant an application" for consistency in this chapter. The words "for interstate air transportation (except the transportation of passengers) or foreign air transportation" are added for clarity and consistency. The word "only" is omitted as surplus. In clause (1), the word "prices" is substituted for "rates, fares, charges" because of the definition of "price" in section 40102(a) of the revised title. The words "in fact" are omitted as surplus. In clause (2), the words "to assess the impact of the new services on the national air route structure, or otherwise" are omitted as surplus.

Subsection (d) is added for clarity.

§41103. All-cargo air transportation certificates of air carriers

(a) Applications.—A citizen of the United States may apply to the Secretary of Transportation for a certificate authorizing the citizen to provide all-cargo air transportation. The application must contain information and be in the form the Secretary by regulation requires.

(b) Issuance.—Not later than 180 days after an application for a certificate is filed under this section, the Secretary shall issue the certificate to a citizen of the United States authorizing the citizen, as an air carrier, to provide any part of the all-cargo air transportation applied for unless the Secretary finds that the citizen is not fit, willing, and able to provide the all-cargo air transportation to be authorized by the certificate and to comply with regulations of the Secretary.

(c) Terms.—The Secretary may impose terms the Secretary considers necessary when issuing a certificate under this section. However, the Secretary may not impose terms that restrict the places served or prices charged by the holder of the certificate.

(d) Exemptions and Status.—A citizen issued a certificate under this section—

(1) is exempt in providing the transportation under the certificate from the requirements of—

(A) section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and

(B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and

(2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119; Pub. L. 103–429, §6(49), Oct. 31, 1994, 108 Stat. 4384.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41103(a)	49 App.:1388(a)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(a)(4); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285; Mar. 14, 1978, Pub. L. 95–245, §1, 92 Stat. 156.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41103(b)	49 App.:1388(b)(1)(B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(1)(B); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285; Mar. 14, 1978, Pub. L. 95–245, §3, 92 Stat. 156.
	49 App.:1551(b)(1)(E).
41103(c)	49 App.:1388(b)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(2), (c), (d); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285.
	49 App.:1551(b)(1)(E).
41103(d)(1)	49 App.:1388(c).
	49 App.:1551(b)(1)(E).
41103(d)(2)	49 App.:1388(d).

In subsection (a), the words "After the three hundred and sixty-fifth day which begins after November 9, 1977" are omitted as executed. The words "under this section" are omitted as surplus. The words "authorizing the citizen" are added for clarity and consistency in this chapter.

In subsection (b), the words "pursuant to paragraph (4) of subsection (a) of this section" are omitted as surplus. The word "citizen" is substituted for "applicant" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and only an air carrier can provide all–cargo air transportation. The words "to provide" are added for clarity and consistency in this subchapter. The word "rules" is omitted as being synonymous with "regulations". The word "promulgated" is omitted as surplus.

In subsection (c), the words "reasonable", "and limitations", and "and conditions" are omitted as surplus. The word "places" is substituted for "points" for consistency in the revised title.

Pub. L. 103–429

This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49.

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–429 substituted "all-cargo" for "all-property".

Statutory Notes and Related Subsidiaries

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.

§41104. Additional limitations and requirements of charter air carriers

(a) Restrictions.—The Secretary of Transportation may prescribe a regulation or issue an order restricting the marketability, flexibility, accessibility, or variety of charter air transportation provided under a certificate issued under section 41102 of this title only to the extent required by the public interest. A regulation prescribed or order issued under this subsection may not be more restrictive than a regulation related to charter air transportation that was in effect on October 1, 1978.

(b) Scheduled Operations.—

(1) In general.—Except as provided in paragraphs (3) and (4), an air carrier, including an indirect air carrier, may not provide, in aircraft designed for more than 9 passenger seats, regularly scheduled charter air transportation, for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight, to or from an airport that—

(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or

(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport—

(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and

(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that each annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.

(2) Definition.—In this paragraph, the term "regularly scheduled charter air transportation" does not include operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative.

(3) Exception.—This subsection does not apply to any airport in the State of Alaska or to any airport outside the United States.

(4) Waivers.—The Secretary may waive the application of paragraph (1)(B) in cases in which the Secretary determines that the public interest so requires.

(c) Alaska.—An air carrier holding a certificate issued under section 41102 of this title may provide charter air transportation between places in Alaska only to the extent the Secretary decides the transportation is required by public convenience and necessity. The Secretary may make that decision when issuing, amending, or modifying the certificate. This subsection does not apply to a certificate issued under section 41102 to a citizen of the United States who, before July 1, 1977—

(1) maintained a principal place of business in Alaska; and

(2) conducted air transport operations between places in Alaska with aircraft with a certificate for gross takeoff weight of more than 40,000 pounds.

(d) Suspensions.—(1) The Secretary shall suspend for not more than 30 days any part of the certificate of a charter air carrier if the Secretary decides that the failure of the carrier to comply with the requirements described in sections 41110(e) and 41112 of this title, or a regulation or order of the Secretary under section 41110(e) or 41112, requires immediate suspension in the interest of the rights, welfare, or safety of the public. The Secretary may act under this paragraph without notice or a hearing.

(2) The Secretary shall begin immediately a hearing to decide if the certificate referred to in paragraph (1) of this subsection should be amended, modified, suspended, or revoked. Until the hearing is completed, the Secretary may suspend the certificate for additional periods totaling not more than 60 days. If the Secretary decides that the carrier is complying with the requirements described in sections 41110(e) and 41112 of this title and regulations and orders under sections 41110(e) and 41112, the Secretary immediately may end the suspension period and proceeding begun under this subsection. However, the Secretary is not prevented from imposing a civil penalty on the carrier for violating the requirements described in section 41110(e) or 41112 or a regulation or order under section 41110(e) or 41112.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1120; Pub. L. 106–181, title VII, §723, Apr. 5, 2000, 114 Stat. 165; Pub. L. 106–528, §8(c), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 108–176, title VIII, §822, Dec. 12, 2003, 117 Stat. 2594.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41104(a)	49 App.:1371(n)(2), (4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(2)–(4); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 144; restated Oct. 24, 1978, Pub. L. 95–504, §20(b), 92 Stat. 1721.
	49 App.:1551(a)(1)(E) (related to 49 App.:1371(n)(4)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(E) (related to §401(n)(4)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41104(b)	49 App.:1371(n)(3).
	49 App.:1551(b)(1)(E).
41104(c)	49 App.:1371(n)(5).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(5); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 145; Oct. 24, 1978, Pub. L. 95–504, §20(c), 92 Stat. 1722.
	49 App.:1371(n)(6).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(6); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 145.
	49 App.:1551(b)(1)(E).

In subsection (a), the word "rule" is omitted as being synonymous with "regulation". The words "charter air transportation" are substituted for "charter trips" for consistency in this part. The text of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) is omitted because inclusive tour charters have been abolished and charter air carriers have received authority to sell public charter flights directly to the public.

In subsection (b), before clause (1), the words "Notwithstanding any other provision of this subchapter" are omitted as surplus. The words "An air carrier holding" are added for clarity. The words "State of" are omitted as surplus. The word "modifying" is added for consistency in the revised title. The words "citizen of the United States" are substituted for "person" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title.

In subsection (c), the words "the requirements described in" are added for clarity.

In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as surplus because of 49:322(a).

In subsection (c)(2), the word "amended" is added for consistency in the revised title.

Editorial Notes

Amendments

2003—Subsec. (b)(1). Pub. L. 108–176, §822(a), inserted a comma after "regularly scheduled charter air transportation", substituted "paragraphs (3) and (4)" for "paragraph (3)" and "flight, to or from an airport that—" for "flight unless such air transportation is to and from an airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation).", and added subpars. (A) and (B).

Subsec. (b)(4). Pub. L. 108–176, §822(b), added par. (4).

2000—Subsec. (b). Pub. L. 106–181, §723(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (b)(1). Pub. L. 106–528, §8(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "An air carrier, including an indirect air carrier, which operates aircraft designed for more than nine passenger seats, may not provide regularly scheduled charter air transportation for which the general public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flights to or from an airport that is not located in Alaska and that does not have an operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations)."

Subsec. (b)(3). Pub. L. 106–528, §8(c)(2), added par. (3).

Subsecs. (c), (d). Pub. L. 106–181, §723(1), redesignated subsecs. (b) and (c) as (c) and (d), 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.

Effective Date of 2000 Amendments

Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.

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.

§41105. Transfers of certificates

(a) General.—A certificate issued under section 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest.

(b) Certification to Congress.—When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on—

(1) the viability of each carrier involved in the transfer;

(2) competition in the domestic airline industry; and

(3) the trade position of the United States in the international air transportation market.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41105(a)	49 App.:1371(h)(1).	Aug. 23, 1958, Pub. L. 85–726, §401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, §9127(1), 104 Stat. 1388–371.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41105(b)	49 App.:1371(h)(2), (3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, §9127(2), 104 Stat. 1388–371.

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

§41106. Airlift service

(a) Interstate Transportation.—(1) Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—

(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and

(B) holds a certificate issued under section 41102 of this title.

(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.

(b) Transportation Between the United States and Foreign Locations.—Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).

(c) Transportation Between Foreign Locations.—The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.

(d) Exception.—When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.

(e) CRAF-eligible Aircraft Defined.—In this section, "CRAF-eligible aircraft" means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106–398, §1 [[div. A], title III, §385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-87; Pub. L. 112–81, div. A, title III, §365, Dec. 31, 2011, 125 Stat. 1380.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41106	49 App.:1371(o).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(o); added July 12, 1976, Pub. L. 94–353, §18(a), 90 Stat. 883.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), before clause (1), the word "passengers" is substituted for "persons" for consistency in the revised title. The words "Secretary of Defense" are substituted for "Department of Defense" because of 10:113(a). The words "an air carrier" are substituted for "carriers" for clarity.

In subsection (b), the words "to provide the service" are added for clarity.

Editorial Notes

Amendments

2011—Subsecs. (a)(1), (b). Pub. L. 112–81, §365(a)(1), substituted "CRAF-eligible aircraft" for "transport category aircraft".

Subsec. (c). Pub. L. 112–81, §365(a), substituted "CRAF-eligible aircraft" for "transport category aircraft" and "referred to in subsection (a)" for "that has aircraft in the civil reserve air fleet".

Subsec. (e). Pub. L. 112–81, §365(b), added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(1), (b)], in heading substituted "Interstate Transportation" for "General" and in introductory provisions of par. (1), substituted "Except as provided in subsection (d) of this section," for "Except as provided in subsection (b) of this section," and struck out "of at least 31 days" after "through a contract".

Subsecs. (b) to (d). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–398, §1 [[div. A], title III, §385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-87, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 2000."

§41107. Transportation of mail

When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall issue a new certificate under section 41102 of this title, or amend or modify an existing certificate under section 41110(a)(2)(A) of this title, to provide the additional transportation and facilities if the Secretary finds the additional transportation is required by the public convenience and necessity.

(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1121, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113.)

Historical and Revision Notes
Pub. L. 103–272, §1(e)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41107	49 App.:1371(m).	Aug. 23, 1958, Pub. L. 85–726, §401(m), 72 Stat. 757.
	49 App.:1551(a)(4)(A) (related to 49 App.:1371(m)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §401(m)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.

The words "from time to time" are omitted as surplus. The words "United States Postal Service" and "Postal Service" are substituted for "Postmaster General" in section 401(m) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 757) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words "in foreign air transportation or between places in Alaska" are substituted for "between any points within the United States or between the United States and foreign countries" for consistency in the revised title and because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). In addition, Congress did not intend to maintain the regulation of domestic air transportation of mail. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word "currently" is omitted as surplus. The words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code. The words "or certificates" are omitted as surplus because of 1:1. The word "modify" is added for consistency in the revised title.

Pub. L. 103–272, §4(k)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41107	49 App.:1551(a)(8).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155.
	49 App.:1551(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.

Editorial Notes

Amendments

1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.

1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation," for "foreign air transportation or between places in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

Effective Date of 1994 Amendment

Pub. L. 103–272, §4(k), July 5, 1994, 108 Stat. 1370, which provided that the amendments made by that section (amending this section and sections 41901, 41902, and 41903 of this title) were effective Jan. 1, 1999, was repealed by Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, effective Dec. 31, 1998.

§41108. Applications for certificates

(a) Form, Contents, and Proof of Service.—To be issued a certificate of public convenience and necessity under section 41102 of this title, a citizen of the United States must apply to the Secretary of Transportation. The application must—

(1) be in the form and contain information required by regulations of the Secretary; and

(2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.

(b) Notice, Response, and Actions on Applications.—(1) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the certificate. Not later than 90 days after the application is filed, the Secretary shall—

(A) provide an opportunity for a public hearing on the application;

(B) begin the procedure under section 41111 of this title; or

(C) dismiss the application on its merits.

(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under section 46110 of this title.

(3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision shall be issued not later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—

(A) interstate air transportation is a final order and may be reviewed judicially under section 46110 of this title; and

(B) foreign air transportation shall be submitted to the President under section 41307 of this title.

(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after beginning the procedure on the application.

(5) If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.

(c) Proof Requirements.—(1) A citizen applying for a certificate must prove that the citizen is fit, willing, and able to provide the transportation referred to in section 41102 of this title and to comply with this part.

(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in section 41102(b)(2) of this title is not consistent with the public convenience and necessity. The transportation is deemed to be consistent with the public convenience and necessity unless the Secretary finds, by a preponderance of the evidence, that the transportation is not consistent with the public convenience and necessity.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41108(a)	49 App.:1371(b).	Aug. 23, 1958, Pub. L. 85–726, §401(b), 72 Stat. 754; Oct. 24, 1978, Pub. L. 95–504, §6, 92 Stat. 1710.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41108(b)	49 App.:1371(c).	Aug. 23, 1958, Pub. L. 85–726, 401(c), 72 Stat. 754; restated Oct. 24, 1978, Pub. L. 95–504, §7(a), 92 Stat. 1711.
	49 App.:1551(b)(1)(E).
41108(c)	49 App.:1371(d)(9).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(9); added Oct. 24, 1978, Pub. L. 95–504, §14, 92 Stat. 1719.
	49 App.:1551(b)(1)(E).

In subsection (a), the words "of public convenience and necessity under section 41102 of this title" are added for clarity.

In subsection (b)(1), before clause (A), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The words "requested by such application" are omitted as surplus. Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary words.

In subsection (b)(2), the words "An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection" are substituted for "Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures" to eliminate unnecessary words.

In subsection (b)(3), before clause (A), the words "If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection" are substituted for "If the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection" to eliminate unnecessary words. The words "provides the opportunity" are substituted for "of such determination" for clarity. The words "for a certificate" are omitted as surplus. The words "to provide" are substituted for "to engage in" for consistency in the revised title.

In subsection (b)(4), the words "If the Secretary acts under paragraph (1)(B) of this subsection" are added for clarity. The words "after beginning the procedure on the application" are substituted for "after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section" to eliminate unnecessary words.

In subsection (b)(5), the word "particular" is omitted as surplus. The words "by order" are omitted as surplus because of 5:ch. 5, subch. II.

In subsection (c)(1), the words "In any determination as to whether or not" are omitted as surplus. The word "provide" is substituted for "perform" for consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for consistency in the revised title.

In subsection (c)(2), the words "In any determination as to whether" are omitted as surplus. The reference is to section 41102(b)(2), rather than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).

Statutory Notes and Related Subsidiaries

Part 135 Air Carrier Certificate Backlog

Pub. L. 118–63, title VIII, §818, May 16, 2024, 138 Stat. 1328, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall take such actions as may be necessary to achieve the goal of reducing the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to—

"(1) not later than 1 year after the date of enactment of this Act [May 16, 2024], maintain an average application acceptance or rejection time of less than 60 days; and

"(2) not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days.

"(b) Measures.—In meeting the goal under subsection (a), the Administrator may—

"(1) assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;

"(2) improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and

"(3) take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations.

"(c) Congressional Briefing.—Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to 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 status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, [and] any measures the Administrator has put in place under subsection (b)."

§41109. Terms of certificates

(a) General.—(1) Each certificate issued under section 41102 of this title shall specify the type of transportation to be provided.

(2) The Secretary of Transportation—

(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but

(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.

(3) A certificate issued under section 41102 of this title to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States.

(4) A certificate issued under section 41102 of this title to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided.

(5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate.

(b) Modifying Terms.—(1) An air carrier may file with the Secretary an application to modify any term of its certificate issued under section 41102 of this title to provide interstate or foreign air transportation. Not later than 60 days after an application is filed, the Secretary shall—

(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or

(B) begin to consider the application under section 41111 of this title.

(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.

(3) An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 104–287, §5(70), Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41109(a)(1)	49 App.:1371(e)(1) (words before semicolon).	Aug. 23, 1958, Pub. L. 85–726, §401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143.
	49 App.:1551(a)(1)(C).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(C); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.
41109(a)(2)	49 App.:1371(e)(1) (words after semicolon).
	49 App.:1371(e)(4).	Aug. 23, 1958, Pub. L. 85–726, §401(e)(3), (4), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, §15(a), (b), 92 Stat. 1719.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41109(a)(3)	49 App.:1371(e)(2).	Aug. 23, 1958, Pub. L. 85–726, §401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Feb. 15, 1980, Pub. L. 96–192, §5, 94 Stat. 37.
	49 App.:1551(b)(1)(E).
41109(a)(4)	49 App.:1371(e)(3).
	49 App.:1551(b)(1)(E).
41109(b)	49 App.:1371(e)(7)(B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(e)(7)(B); added Oct. 24, 1978, Pub. L. 95–504, §16, 92 Stat. 1720.
	49 App.:1551(b)(1)(E).

In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words "type of" are added for clarity. The word "provided" is substituted for "rendered" for consistency in the revised title.

In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words "may not prescribe a term preventing" are substituted for "No term, condition, or limitation of a certificate shall restrict the right" for clarity and consistency. The word "providing" is substituted for "performing" for consistency in the revised title.

In subsection (a)(3) and (4), the word "places" is substituted for "points", and the word "provide" is substituted for "engage in", for consistency in the revised title. The words "terminal and intermediate" are omitted as surplus. The words "between which the air carrier is authorized to provide the transportation" are added for clarity and consistency.

In subsection (a)(3), the words "or routes" are omitted because of 1:1. The words "The Secretary" are added for clarity.

In subsection (a)(4), the words "or areas" are omitted because of 1:1.

In subsection (b), the words "condition, or limitation" are omitted as being included in "term".

In subsection (b)(1), before clause (A), the word "modify" is substituted for "removal or modification" to eliminate unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (A), the words "provide the carrier an opportunity" are substituted for "set such application" for consistency in the revised title and with other titles of the United States Code. In clause (B), the words "the simplified procedures established by the Board in regulations pursuant to" are omitted as surplus.

Pub. L. 104–287

This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1123).

Editorial Notes

Amendments

1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

§41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates

(a) General.—(1) Each certificate issued under section 41102 of this title is effective from the date specified in it and remains in effect until—

(A) the Secretary of Transportation suspends or revokes the certificate under this section;

(B) the end of the period the Secretary specifies for an air carrier having a certificate of temporary authority issued under section 41102(a)(2) of this title; or

(C) the Secretary certifies that transportation is no longer being provided under a certificate.

(2) On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this subsection, under section 41111 of this title, the Secretary may—

(A) amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and

(B) revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter 421, and section 46301(b) of this title, a regulation or order of the Secretary under any of those provisions, or a term of its certificate.

(3) The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable time the Secretary specifies, with an order to the holder requiring compliance.

(4) A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under section 41111 of this title if the holder of the certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and circumstances, that the hearing is required in the public interest.

(b) All-Cargo Air Transportation.—The Secretary may order that a certificate issued under section 41103 of this title authorizing all-cargo air transportation is ineffective if, after notice and an opportunity for a hearing, the Secretary finds that the transportation is not provided to the minimum extent specified by the Secretary.

(c) Foreign Air Transportation.—(1) Notwithstanding subsection (a)(2)–(4) of this section, after notice and a reasonable opportunity for the affected air carrier to present its views, but without a hearing, the Secretary may suspend or revoke the authority of an air carrier to provide foreign air transportation to a place under a certificate issued under section 41102 of this title if the carrier—

(A) notifies the Secretary, under section 41734(a) of this title or a regulation of the Secretary, that it intends to suspend all transportation to that place; or

(B) does not provide regularly scheduled transportation to the place for 90 days immediately before the date the Secretary notifies the carrier of the action the Secretary proposes.

(2) Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior year.

(d) Temporary Certificates.—On application or on the initiative of the Secretary, the Secretary may—

(1) review the performance of an air carrier issued a certificate under section 41102(c) of this title on the basis that the air carrier will provide innovative or low-priced air transportation under the certificate; and

(2) amend, modify, suspend, or revoke the certificate or authority under subsection (a)(2) or (c) of this section if the air carrier has not provided, or is not providing, the transportation.

(e) Continuing Requirements.—(1) To hold a certificate issued under section 41102 of this title, an air carrier must continue to be fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary.

(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section 41102 of this title if the Secretary finds that the air carrier—

(A) is not fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or

(B) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph.

(f) Illegal Importation of Controlled Substances.—The Secretary—

(1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that—

(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or

(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter.

(g) Responses.—An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a certificate under subsection (a) of this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103–429, §6(50), Oct. 31, 1994, 108 Stat. 4384.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41110(a)(1)	49 App.:1371(f).	Aug. 23, 1958, Pub. L. 85–726, §401(f), 72 Stat. 755; Oct. 24, 1978, Pub. L. 95–504, §§10(b), 17, 92 Stat. 1716, 1720.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41110(a) (2)–(4)	49 App.:1371(g)(1).	Aug. 23, 1958, Pub. L. 85–726, §401(g), 72 Stat. 756; Oct. 24, 1978, Pub. L. 95–504, §18, 92 Stat. 1720; restated Feb. 15, 1980, Pub. L. 96–192, §6, 94 Stat 37.
	49 App.:1551(b)(1)(E).
41110(b)	49 App.:1388(b)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(4); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285.
	49 App.:1551(b)(1)(E).
41110(c)	49 App.:1371(g)(3).
	49 App.:1551(b)(1)(E).
41110(d)	49 App.:1371(d)(8) (last sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(8) (last sentence); added Oct. 24, 1978, Pub. L. 95–504, §13, 92 Stat. 1719.
	49 App.:1551(a)(1)(B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.
	49 App.:1551(b)(1)(E).
41110(e)	49 App.:1371(r) (related to certificate).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(r) (related to certificate); added Oct. 24, 1978, Pub. L. 95–504, §20(d)(1), 92 Stat. 1722.
	49 App.:1551(b)(1)(E).
41110(f)	49 App.:1371a (related to certificate).	Aug. 15, 1985, Pub. L. 99–88, §100 (1st complete par. related to certificate on p. 352), 99 Stat. 352.
41110(g)	49 App.:1371(g)(2).
	49 App.:1551(b)(1)(E).

In subsection (a)(1)(C), the words "transportation is no longer being provided under a certificate" are substituted for "operation thereunder has ceased" and "operations thereunder have ceased" for clarity and consistency.

In subsections (a)(2) and (e), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(2), before clause (A), the word "application" is substituted for "petition or complaint" for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words "except as provided in paragraph (4) of this subsection" are added for clarity. The words "the simplified procedures under" are omitted as surplus. In clause (A), the word "alter" is omitted as surplus. In clause (B), the reference to 49 App.:1372 is omitted from the cross-references of "this subchapter" because 49 App.:1372 is concerned with foreign air carrier permits and not relevant to air carrier certificate revocation. The word "rule" is omitted as being synonymous with "regulation". The words "condition, or limitation" are omitted as surplus.

In subsection (a)(3), the words "to the provision, or to the order (other than an order issued in accordance with this sentence), rule, regulation, term, condition, or limitation found by the Board to have been violated" are omitted as surplus.

In subsection (a)(4), the word "provide" is substituted for "engage in" for consistency in the revised title. The words "altered" and "the simplified procedures of" are omitted as surplus.

In subsection (b), the words "to the extent of such service" are omitted as surplus. The word "provided" is substituted for "performed" for consistency in the revised title.

In subsection (c)(1), the word "place" is substituted for "point" for consistency in the revised title. In clause (A), the cross-reference is to section 41734(a) of the revised title for clarity because 49 App.:1371(j) is obsolete. The comparable provision is 49 App.:1389(b)(2), restated as section 41734(a). The words "provided by that carrier" are omitted as surplus. In clause (B), the word "immediately" is added for clarity.

In subsection (d)(2), the words "alter" and "the procedures prescribed in" are omitted as surplus.

In subsections (e) and (f)(2), the word "amend" is added for consistency.

In subsection (e), before clause (1), the words "The requirement that each applicant for a certificate or any other authority . . . shall be a continuing requirement applicable to each such air carrier with respect to the transportation authorized by the Board" are omitted as surplus. The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. In clause (1), the word "provide" is substituted for "perform" for consistency in the revised title. The word "properly" is omitted as surplus. The word "comply" is substituted for "conform to" for consistency in the revised title. The word "rules" is omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus.

In subsection (f), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "agencies" for consistency in the revised title and with other titles of the Code. The words "an air carrier" are substituted for "any carrier" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. The words "issued under this chapter" are added for clarity.

In subsection (g), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The word "alteration" is omitted as surplus.

Pub. L. 103–429

This amends 49:41110(e) to clarify the restatement of 49 App.:1371(r) (related to certificate) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1124).

Editorial Notes

Amendments

1994—Subsec. (e). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section 41102 of this title if the Secretary finds that the air carrier—

"(1) is not fit, willing, and able to continue to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or

"(2) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (1) of this subsection."

Statutory Notes and Related Subsidiaries

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.

§41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates

(a) General Requirements.—(1) The Secretary of Transportation shall prescribe regulations that simplify the procedure for—

(A) acting on an application for a certificate to provide air transportation under section 41102 of this title; and

(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.

(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.

(b) When Simplified Procedure Used.—The Secretary may use the simplified procedure to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title, when the Secretary decides the use of the procedure is in the public interest.

(c) Contents.—(1) To the extent the Secretary finds practicable, regulations under this section shall include each standard the Secretary will apply when—

(A) deciding whether to use the simplified procedure; and

(B) making a decision on an action in which the procedure is used.

(2) The regulations may provide that written evidence and argument may be filed under section 41108(b) of this title as a part of a response opposing or supporting the issuance of a certificate.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1125.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41111(a)	49 App.:1371(p)(1) (1st, 2d sentences).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(p); added Oct. 24, 1978, Pub. L. 95–504, §21(a)(1), 92 Stat. 1723.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41111(b)	49 App.:1371(p)(2) (1st sentence).
	49 App.:1551(b)(1)(E).
41111(c)	49 App.:1371(p)(1) (last sentence), (2) (last sentence).
	49 App.:1551(b)(1)(E).

In this section, the words "acting on" and "act on" are substituted for "disposition of" for consistency.

In subsection (a)(1)(A), the word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (a)(1)(B), the word "alteration" is omitted as surplus.

In subsection (a)(2), the word "adequate" is omitted as surplus.

In subsection (b), the words "to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title" are added for clarity.

In subsection (c)(2), the words "by such person" are omitted as surplus. The words "a response opposing or supporting the issuance of a certificate" are substituted for "a protest or memorandum filed with respect to such application" for consistency.

§41112. Liability insurance and financial responsibility

(a) Liability Insurance.—The Secretary of Transportation may issue a certificate to a citizen of the United States to provide air transportation as an air carrier under section 41102 of this title only if the citizen complies with regulations and orders of the Secretary governing the filing of an insurance policy or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A certificate does not remain in effect unless the carrier complies with this subsection.

(b) Financial Responsibility.—To protect passengers and shippers using an aircraft operated by an air carrier issued a certificate under section 41102 of this title, the Secretary may require the carrier to file a performance bond or equivalent security in the amount and on terms the Secretary prescribes. The bond or security must be sufficient to ensure the carrier adequately will pay the passengers and shippers when the transportation the carrier agrees to provide is not provided. The Secretary shall prescribe the amounts to be paid under this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41112	49 App.:1371(q).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(q); added Oct. 24, 1978, Pub. L. 95–504, §20(d)(1), 92 Stat. 1722.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), the words "citizen of the United States" and "citizen" are substituted for "applicant for such certificate or the air carrier" for clarity and consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and receive a certificate. The words "as the case may be" are omitted as surplus. The words "to provide air transportation as an air carrier under section 41102 of this title" are added for clarity. The words "approved by the Secretary" are substituted for "governing the filing and approval . . . in the amount prescribed by the Board" to eliminate unnecessary words. The words "The policy or plan must be sufficient to pay" are substituted for "which are conditioned to pay . . . amounts" for clarity. The words "for which such applicant or such air carrier may become liable for" are omitted as surplus.

In subsection (b), the word "passengers" is substituted for "travelers" for consistency in this chapter. The words "issued . . . under section 41102 of this title" are added for clarity. The word "arrangement" is omitted as surplus. The word "provide" is substituted for "perform" for consistency in the revised title.

§41113. Plans to address needs of families of passengers involved in aircraft accidents

(a) Submission of Plans.—Each air carrier holding a certificate of public convenience and necessity under section 41102 of this title shall submit to the Secretary and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any aircraft accident involving an aircraft of the air carrier and resulting in any loss of life.

(b) Contents of Plans.—A plan to be submitted by an air carrier under subsection (a) shall include, at a minimum, the following:

(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.

(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1136(a)(2) of this title or the services of other suitably trained individuals.

(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.

(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under section 1136(a)(1) of this title, and to the organization designated for the accident under section 1136(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), and will periodically update the list.

(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier.

(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.

(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.

(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument.

(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.

(10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.

(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) of this title for services provided by the organization.

(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.

(13) An assurance that the air carrier will commit sufficient resources to carry out the plan.

(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident.

(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.

(16) An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, will consult with the Board and the Department of State on the provision of the assistance.

(17)(A) An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.

(B) At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.

(18) An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the air carrier's flight if that city is located in the United States.

(c) Certificate Requirement.—The Secretary may not approve an application for a certificate of public convenience and necessity under section 41102 of this title unless the applicant has included as part of such application a plan that meets the requirements of subsection (b).

(d) Limitation on Liability.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in preparing or providing a passenger list, or in providing information concerning a preliminary passenger manifest, pursuant to a plan submitted by the air carrier under subsection (b), unless such liability was caused by conduct of the air carrier which was grossly negligent or which constituted intentional misconduct.

(e) Aircraft Accident and Passenger Defined.—In this section, the terms "aircraft accident" and "passenger" have the meanings such terms have in section 1136 of this title.

(f) Statutory Construction.—Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.

(Added Pub. L. 104–264, title VII, §703(a), Oct. 9, 1996, 110 Stat. 3267; amended Pub. L. 106–181, title IV, §402(a)(1)–(3), (5)–(c), Apr. 5, 2000, 114 Stat. 129, 130; Pub. L. 108–176, title VIII, §809(a), Dec. 12, 2003, 117 Stat. 2588; Pub. L. 115–254, div. C, §1109(a), Oct. 5, 2018, 132 Stat. 3434.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1109(a)(1), substituted "any loss of life" for "a major loss of life".

Subsec. (b)(9). Pub. L. 115–254, §1109(a)(2)(A), substituted "(and any other victim of the accident, including any victim on the ground)" for "(and any other victim of the accident)".

Subsec. (b)(16). Pub. L. 115–254, §1109(a)(2)(B), substituted "any loss of life" for "major loss of life".

Subsec. (b)(17)(A). Pub. L. 115–254, §1109(a)(2)(C), substituted "any damage" for "significant damage".

2003—Subsec. (b)(16). Pub. L. 108–176, §809(a)(1), struck out "the air carrier" after "major loss of life,".

Subsec. (b)(17), (18). Pub. L. 108–176, §809(a)(2), added pars. (17) and (18).

2000—Subsec. (a). Pub. L. 106–181, §402(a)(5)(A), substituted "Each air carrier" for "Not later than 6 months after the date of the enactment of this section, each air carrier".

Subsec. (b)(14) to (16). Pub. L. 106–181, §402(a)(1)–(3), added pars. (14) to (16).

Subsec. (c). Pub. L. 106–181, §402(a)(5)(B), substituted "The Secretary" for "After the date that is 6 months after the date of the enactment of this section, the Secretary".

Subsec. (d). Pub. L. 106–181, §402(b), inserted ", or in providing information concerning a preliminary passenger manifest," before "pursuant to a plan".

Subsec. (f). Pub. L. 106–181, §402(c), added subsec. (f).

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 section 402(a)(5)(B) to (c) of 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.

Pub. L. 106–181, title IV, §402(a)(4), Apr. 5, 2000, 114 Stat. 130, provided that: "The amendments made by paragraphs (1), (2), and (3) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each air carrier holding a certificate of public convenience and necessity under section 41102 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41113 of such title that meets the requirements of the amendments made by paragraphs (1), (2), and (3)."

Effective Date

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

Update Plans

Pub. L. 108–176, title VIII, §809(c), Dec. 12, 2003, 117 Stat. 2589, provided that: "Air carriers and foreign air carriers shall update their plans under sections 41113 and 41313 of title 49, United States Code, respectively, to reflect the amendments made by subsections (a) and (b) of this section [amending this section and section 41313 of this title] not later than 90 days after the date of enactment of this Act [Dec. 12, 2003]."

Establishment of Task Force

Pub. L. 104–264, title VII, §704, Oct. 9, 1996, 110 Stat. 3268, provided that:

"(a) Establishment.—The Secretary of Transportation, in cooperation with the National Transportation Safety Board, the Federal Emergency Management Agency, the American Red Cross, air carriers, and families which have been involved in aircraft accidents shall establish a task force consisting of representatives of such entities and families, representatives of air carrier employees, and representatives of such other entities as the Secretary considers appropriate.

"(b) Guidelines and Recommendations.—The task force established pursuant to subsection (a) shall develop—

"(1) guidelines to assist air carriers in responding to aircraft accidents;

"(2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of passengers involved in an aircraft accident;

"(3) recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the United States receive appropriate assistance;

"(4) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of an aircraft accident or other related sites;

"(5) recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and

"(6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including—

"(A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident;

"(B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in subparagraph (A);

"(C) an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take the steps described in subparagraph (A); and

"(D) an analysis of the implications for personal privacy that would result if air carriers were required to take the steps described in subparagraph (A).

"(c) Report.—Not later than 1 year after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall transmit to Congress a report containing the model plan and recommendations developed by the task force under subsection (b)."

Limitation on Statutory Construction

Pub. L. 104–264, title VII, §705, Oct. 9, 1996, 110 Stat. 3269, provided that: "Nothing in this title [enacting this section and section 1136 of this title, amending section 1155 of this title, and enacting provisions set out as notes under this section and section 40101 of this title] or any amendment made by this title may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident."

CHAPTER 413—FOREIGN AIR TRANSPORTATION

        

Editorial Notes

Amendments

1997—Pub. L. 105–148, §1(b), Dec. 16, 1997, 111 Stat. 2683, added item 41313.

1994—Pub. L. 103–429, §6(51)(B), Oct. 31, 1994, 108 Stat. 4385, added item 41312.

Pub. L. 103–305, title II, §205(a)(2), Aug. 23, 1994, 108 Stat. 1583, added item 41311.

§41301. Requirement for a permit

A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter authorizing the foreign air transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41301	49 App.:1372(a).	Aug. 23, 1958, Pub. L. 85–726, §402(a), 72 Stat. 757.

The word "provide" is substituted for "engage in" for consistency in the revised title. The word "holds" is substituted for "there is in force" to eliminate unnecessary words.

§41302. Permits of foreign air carriers

The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air transportation as a foreign air carrier if the Secretary finds that—

(1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of the Secretary; and

(2)(A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with the United States Government; or

(B) the foreign air transportation to be provided under the permit will be in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41302	49 App.:1372(b).	Aug. 23, 1958, Pub. L. 85–726, §402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub. L. 96–192, §7, 94 Stat. 38.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the words "person (except a citizen of the United States)" and "person" are substituted for "applicant" for clarity and consistency because only a person other than a United States citizen may be a "foreign air carrier" as defined in section 40102(a) of the revised title. In clauses (1) and (2), the word "provide" is substituted for "perform" for consistency in the revised title. In clause (1), the word "properly" is omitted as surplus. The word "comply" is substituted for "conform" for consistency in the revised title. The word "rules" is omitted as being synonymous with "regulations". The word "requirements" is omitted as surplus. In clause (2)(A), the words "government of its country" are substituted for "its government" for consistency in the revised title and with other titles of the United States Code.

§41303. Transfers of permits

A permit issued under section 41302 of this title may be transferred only when the Secretary of Transportation approves the transfer because the transfer is in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41303	49 App.:1372(g).	Aug. 23, 1958, Pub. L. 85–726, §402(g), 72 Stat. 758.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

§41304. Effective periods and amendments, modifications, suspensions, and revocations of permits

(a) General.—The Secretary of Transportation may prescribe the period during which a permit issued under section 41302 of this title is in effect. After notice and an opportunity for a hearing, the Secretary may amend, modify, suspend, or revoke the permit if the Secretary finds that action to be in the public interest.

(b) Suspensions and Restrictions.—Without a hearing, but subject to the approval of the President, the Secretary—

(1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds—

(A) the action is in the public interest; and

(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—

(i) limited or denied the operating rights of an air carrier; or

(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and

(2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country.

(c) Illegal Importation of Controlled Substances.—The Secretary—

(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—

(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or

(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and

(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.

(d) Responses.—An interested person may file a response with the Secretary opposing or supporting the amendment, modification, suspension, or revocation of a permit under subsection (a) of this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41304(a)	49 App.:1372(e) (related to duration of permits).	Aug. 23, 1958, Pub. L. 85–726, §402(e) (related to duration of permits), 72 Stat. 758.
	49 App.:1372(f)(1) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §402(f)(1), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, §9, 94 Stat. 38.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41304(b)	49 App.:1372(f)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §402(f)(2); added Feb. 15, 1980, Pub. L. 96–192, §9, 94 Stat. 38.
	49 App.:1551(b)(1)(E).
41304(c)	49 App.:1371a (related to permit).	Aug. 15, 1985, Pub. L. 99–88, §100 (1st complete par. related to permit on p. 352), 99 Stat. 352.
41304(d)	49 App.:1372(f)(1) (last sentence).
	49 App.:1551(b)(1)(E).

In subsection (a), the words "altered" and "cancelled" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "alter" and "condition" are omitted as surplus. In clause (B)(i) and (ii), the words "United States" before "air carriers" and "carriers" are omitted as surplus and for consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title. In clause (B)(i), the word "impaired" is omitted as surplus.

In subsection (c), before clause (1), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "on and after August 15, 1985" are omitted as executed. In clause (1), before subclause (A), the words "law enforcement and other" are omitted as surplus. The words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for consistency in the revised title and with other titles of the Code. The words "a foreign air carrier" are substituted for "any carrier" for clarity. In clause (2), the words "of public convenience and necessity" are omitted as surplus. The word "amend" is added for consistency. The words "issued under this chapter" are added for clarity.

In subsection (d), the word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The words "alteration" and "cancellation" are omitted as surplus.

§41305. Applications for permits

(a) Form, Contents, Notice, Response, and Actions on Applications.—(1) A person must apply in writing to the Secretary of Transportation to be issued a permit under section 41302 of this title. The Secretary shall prescribe regulations to require that the application be—

(A) verified;

(B) in a certain form and contain certain information;

(C) served on interested persons; and

(D) accompanied by proof of service on those persons.

(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.

(b) Terms.—The Secretary may impose terms for providing foreign air transportation under the permit that the Secretary finds may be required in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41305(a)(1)	49 App.:1372(c).	Aug. 23, 1958, Pub. L. 85–726, §402(c), (e) (related to terms, conditions, or limitations of permits), 72 Stat. 758.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41305(a)(2)	49 App.:1372(d).	Aug. 23, 1958, Pub. L. 85–726, §402(d), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, §8, 94 Stat. 38.
	49 App.:1551(b)(1)(E).
41305(b)	49 App.:1372(e) (related to terms, conditions, or limitations of permits).
	49 App.:1551(b)(1)(E).

In subsection (a)(1), before clause (A), the words "A person must apply . . . to the Secretary of Transportation to be issued a permit under section 41302 of this title" are added for clarity. Clause (C) is added for clarity.

In subsection (a)(2), the words "give due notice thereof to the public by" are omitted as surplus. The word "response" is substituted for "protest or memorandum" to eliminate unnecessary words. The word "expeditiously" is substituted for "speedily" for consistency in this chapter.

In subsection (b), the words "reasonable" and "conditions, or limitations" are omitted as surplus. The words "for providing foreign air transportation" are added for clarity.

§41306. Simplified procedure to apply for, amend, modify, and suspend permits

(a) Regulations.—The Secretary of Transportation shall prescribe regulations that simplify the procedure for—

(1) acting on an application for a permit to provide foreign air transportation under section 41302 of this title; and

(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.

(b) Notice and Opportunity To Respond.—Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41306(a)	49 App.:1372(h) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §402(h); added Oct. 24, 1978, Pub. L. 95–504, §21(b)(1), 92 Stat. 1723.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41306(b)	49 App.:1372(h) (last sentence).

In subsection (a)(1), the words "acting on" are substituted for "disposition of" for consistency. The word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (a)(2), the word "alteration" is omitted as surplus. The word "transfer" is omitted because 49 App.:1372(f) does not cover transfer of a permit.

In subsection (b), the word "adequate" is omitted as surplus.

§41307. Presidential review of actions about foreign air transportation

The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—

(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or

(2)(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and

(B) when effective, may be reviewed judicially under section 46110 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41307	49 App.:1461(a).	Aug. 23, 1958, Pub. L. 85–726, §801(a), 72 Stat. 782; Mar. 22, 1972, Pub. L. 92–259, §2, 86 Stat. 96; restated Oct. 24, 1978, Pub. L. 95–504, §34, 92 Stat. 1740.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the word "cancellation" is omitted as surplus. The word "modify" is added for consistency. The words "and the terms, conditions, and limitations contained in" are omitted as surplus. The words "issued under section 41102 of this title" are added for clarity. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (1), the words "null and" are omitted as surplus. The word "publishes" is substituted for "issued in a public document" to eliminate unnecessary words. In clause (2)(A), the words "not the President" are omitted as surplus.

Executive Documents

Executive Order No. 11920

Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for establishment of Executive branch procedures to facilitate review of submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029.

Executive Order No. 12547

Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for establishment of procedures to facilitate Presidential review of international aviation decisions submitted by Department of Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, set out below.

Ex. Ord. No. 12597. Establishing Procedures for Facilitating Presidential Review of International Aviation Decisions by the Department of Transportation

Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 801 of the Federal Aviation Act, as amended (49 U.S.C. app. §1461) [see 49 U.S.C. 41307, 41509(f)], and in order to provide presidential guidance to department and agency heads and facilitate presidential review of decisions by the Department of Transportation pursuant to the Federal Aviation Act [see 49 U.S.C. 40101 et seq.], it is hereby ordered as follows:

Section 1. Executive Order No. 12547 of February 6, 1986, is revoked.

Sec. 2. The Secretary of Transportation is designated and empowered to receive on behalf of the President any decision of the Department of Transportation (hereinafter referred to as the "DOT") subject to Section 801 of the Federal Aviation Act, as amended. The Secretary of Transportation is further designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority of the President under Section 801 of the Federal Aviation Act, as amended, to review and determine not to disapprove any such decision that is not the subject of any written recommendation for disapproval or for a statement of reasons submitted to the Department of Transportation in accordance with section 5(b) of this Order.

Sec. 3. (a) Except as otherwise provided in this section, decisions of the DOT subject to Section 801 of the Federal Aviation Act, as amended, may be made available by the DOT for public inspection and copying following transmission to Executive departments and agencies pursuant to section 3(c) of this Order.

(b) In the interests of national security, and in order to allow for consideration of appropriate action under [former] Executive Order No. 12356, decisions of the DOT transmitted to Executive departments and agencies pursuant to section 3(c) of this Order shall be withheld from public disclosure for a period not to exceed 5 days after said transmission.

(c) At the same time that decisions of the DOT are received by the Secretary of Transportation pursuant to section 2 of this Order, the DOT shall transmit copies thereof to the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Attorney General, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and any other Executive department or agency that the DOT deems appropriate.

(d) The Secretary of State and the Secretary of Defense, or their designees, shall review the decisions of the DOT transmitted pursuant to section 3(c) of this Order and shall promptly advise the Assistant to the President for National Security Affairs or his designee whether action pursuant to Executive Order No. 12356 is deemed appropriate. If, after considering these recommendations, the Assistant to the President for National Security Affairs determines that classification under Executive Order No. 12356 is appropriate, he shall take such action and immediately so inform the DOT. Action pursuant to this subsection shall be completed by the persons designated herein within 5 days of the transmission of the decision.

(e) On and after the 6th day following transmission of a DOT decision pursuant to section 3(c) of this Order, or upon earlier notification by the Assistant to the President for National Security Affairs or his designee, the DOT is authorized to disclose all unclassified portions of the text of such decision. Nothing in this section is intended to affect the ability to withhold material under any Executive order or statute other than Section 801.

Sec. 4. (a) Departments and agencies outside of the Executive Office of the President shall raise only matters of national defense or foreign relations in the course of the presidential review established by this Order. All other matters, including those related to regulatory policy, shall be presented to the DOT in accordance with the procedures of the DOT.

(b) Departments and agencies outside of the Executive Office of the President that identify matters of national defense or foreign relations while a decision is pending before the DOT shall, except as confidentiality is required for reasons of defense or foreign policy, make those matters known to the DOT in the course of its proceedings.

Sec. 5. (a) The DOT shall receive the recommendations, addressed to the President, of the departments and agencies referred to in section 3(c) of this Order.

(b) Departments or agencies outside of the Executive Office of the President making recommendations on matters of national defense or foreign relations with respect to any decision received by the Secretary of Transportation under section 2 of this Order shall submit their recommendations in writing to the DOT: (1) within 4 days of the DOT's issuance of a decision subject to a 10-day statutory review period under Section 801(b) [see 49 U.S.C. 41509(f)]; and (2) within 21 days of the DOT's issuance of a decision subject to a 60-day statutory review period under Section 801(a) [see 49 U.S.C. 41307]; or (3) in exceptional cases, within the period specified by the DOT in its letter of transmittal.

(c) The DOT shall, as soon as practical after the deadlines specified in section 5(b) of this Order: (1) if no recommendations for disapproval or for a statement of reasons are received from the departments and agencies specified in section 3(c) of this Order, issue its decision to become effective according to its terms; or (2) if recommendations for disapproval or for a statement of reasons are received, transmit them to the Assistant to the President for National Security Affairs, who, upon review, shall transmit a memorandum to the President with a recommendation as to whether or not the President should disapprove the proposed decision.

Sec. 6. (a) In advising the President with respect to his review of a decision pursuant to Section 801, departments and agencies outside of the Executive Office of the President shall identify with particularity the defense or foreign policy implications of the DOT decision that are deemed appropriate for consideration.

(b) If any department or agency that made recommendations to the President pursuant to Section 801 believes that, if the President decides not to disapprove a decision, the letter so advising the DOT should include a statement that the decision not to disapprove was based on national defense or foreign relations reasons, it should so indicate separately and explain why.

Sec. 7. Individuals within the Executive Office of the President shall follow a policy of: (a) refusing to discuss matters relating to the disposition of a case subject to the review of the President under Section 801 with any interested private party, or an attorney or agent for any such party, prior to the decision by the President or his designee; and (b) referring any written communication from an interested private party, or an attorney or agent for any such party, to the appropriate department or agency outside of the Executive Office of the President. Exceptions to this policy may be made only when the head of an appropriate department or agency outside of the Executive Office of the President personally finds, on a nondelegable basis, that direct written or oral communication between a private party and a person within the Executive Office of the President is needed for reasons of defense or foreign policy.

Sec. 8. Departments and agencies outside of the Executive Office of the President that regularly make recommendations in connection with the presidential review pursuant to Section 801 shall, consistent with applicable law, including the provisions of Chapter 5 of Title 5 of the United States Code:

(a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and

(b) prescribe such other procedures governing oral and written communications as they deem appropriate.

Sec. 9. This Order is intended solely for the internal guidance of the departments and agencies in order to facilitate the presidential review process. This Order does not confer rights on any private parties.

Sec. 10. None of the time deadlines specified in this Order shall be construed as a limitation on expedited presidential review of any decision under Section 801.

Sec. 11. The provisions of this Order shall become effective upon publication in the Federal Register and shall govern the review of any proposed decisions of the DOT that have not become final prior to that date under Executive Order No. 12547.

Sec. 12. References in any Executive order to any provision in Executive Order No. 12547 shall be deemed to refer to the corresponding provision in this Order.

Ronald Reagan.      

§41308. Exemption from the antitrust laws

(a) Definition.—In this section, "antitrust laws" has the same meaning given that term in the first section of the Clayton Act (15 U.S.C. 12).

(b) Exemption Authorized.—When the Secretary of Transportation decides it is required by the public interest, the Secretary, as part of an order under section 41309 or 42111 of this title, may exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.

(c) Exemption Required.—In an order under section 41309 of this title approving an agreement, request, modification, or cancellation, the Secretary, on the basis of the findings required under section 41309(b)(1), shall exempt a person affected by the order from the antitrust laws to the extent necessary to allow the person to proceed with the transaction specifically approved by the order and with any transaction necessarily contemplated by the order.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41308	49 App.:1384.	Aug. 23, 1958, Pub. L. 85–726, §414, 72 Stat. 770; restated Oct. 24, 1978, Pub. L. 95–504, §30(a), 92 Stat. 1731; Feb. 15, 1980, Pub. L. 96–192, §27, 94 Stat. 47.
	49 App.:1551(a)(6) (related to 49 App.:1384).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(6) (related to §414); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704.
	49 App.:1551(b)(1)(C) (related to 49 App.:1384).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §414); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703.

Subsection (a) is substituted for "the 'anti-trust laws' set forth in subsection (a) of section 12 of title 15" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.

§41309. Cooperative agreements and requests

(a) Filing.—An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.

(b) Approval.—The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—

(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—

(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and

(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or

(2) an agreement that—

(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and

(B) governs the compensation the carrier may receive for the transportation.

(c) Notice and Opportunity To Respond or for Hearing.—(1) When an agreement, request, modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.

(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.

(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, §5(71), Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41309(a)	49 App.:1382(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(a), (b); added Oct. 24, 1978, Pub. L. 95–504, §28(c), 92 Stat. 1729; Feb. 15, 1980, Pub. L. 96–192, §11, 94 Stat. 39.
	49 App.:1551(a)(6) (related to 49 App.:1382).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(6) (related to §412); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704.
	49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(a), (b)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703.
41309(b)	49 App.:1382(a)(2)(A).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).
41309(c)(1)	49 App.:1382(b).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)).
41309(c)(2)	49 App.:1382(a)(2)(B).
41309(c)(3)	49 App.:1382(a)(2)(C).
	49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).

In this section, the word "contract" is omitted as being included in "agreement".

In subsection (a), the words "(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)" are omitted as surplus. The words "(except an agreement related to interstate air transportation)" and "(except arrangements related to interstate air transportation)" are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word "working" is omitted as surplus. The words "in force on October 24, 1978, or thereafter entered into" are omitted as executed. The words "and any modification or cancellation of an agreement" are substituted for "or any modification or cancellation thereof" for clarity and consistency.

In subsection (b), before clause (1), the words "The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter" are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words "whether or not previously approved by it" are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).

In subsection (c)(1), the words "in accordance with regulations which it prescribes" are omitted as surplus. The words "in accordance with regulations prescribed by the Board" are omitted as surplus.

Pub. L. 104–287

This amends 49:41309(b)(2)(B) for consistency in the subsection.

Editorial Notes

Amendments

1996—Subsec. (b)(2)(B). Pub. L. 104–287 substituted "carrier" for "common carrier".

1995—Subsec. (b)(2)(A). Pub. L. 104–88 substituted "a carrier" for "a common carrier".

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Air Transportation Arrangements in Certain States

Pub. L. 107–71, title I, §116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and terminate at points within the same State, was repealed by Pub. L. 107–273, div. C, title IV, §14102(g), Nov. 2, 2002, 116 Stat. 1922.

§41310. Discriminatory practices

(a) Prohibition.—An air carrier or foreign air carrier may not subject a person, place, port, or type of traffic in foreign air transportation to unreasonable discrimination.

(b) Review and Negotiation of Discriminatory Foreign Charges.—(1) The Secretary of Transportation shall survey charges imposed on an air carrier by the government of a foreign country or another foreign entity for the use of airport property or airway property in foreign air transportation. If the Secretary of Transportation decides that a charge is discriminatory, the Secretary promptly shall report the decision to the Secretary of State. The Secretaries of State and Transportation promptly shall begin negotiations with the appropriate government to end the discrimination. If the discrimination is not ended in a reasonable time through negotiation, the Secretary of Transportation shall establish a compensating charge equal to the discriminatory charge. With the approval of the Secretary of State, the Secretary of the Treasury shall impose the compensating charge on a foreign air carrier of that country as a condition to accepting the general declaration of the aircraft of the foreign air carrier when it lands or takes off.

(2) The Secretary of the Treasury shall maintain an account to credit money collected under paragraph (1) of this subsection. An air carrier shall be paid from the account an amount certified by the Secretary of Transportation to compensate the air carrier for the discriminatory charge paid to the government.

(c) Actions Against Discriminatory Activity.—(1) The Secretary of Transportation may take actions the Secretary considers are in the public interest to eliminate an activity of a government of a foreign country or another foreign entity, including a foreign air carrier, when the Secretary, on the initiative of the Secretary or on complaint, decides that the activity—

(A) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against an air carrier; or

(B) imposes an unjustifiable or unreasonable restriction on access of an air carrier to a foreign market.

(2) The Secretary of Transportation may deny, amend, modify, suspend, revoke, or transfer under paragraph (1) of this subsection a foreign air carrier permit or tariff under section 41302, 41303, 41304(a), 41504(c), 41507, or 41509 of this title.

(d) Filing of, and Acting on, Complaints.—(1) An air carrier, computer reservations system firm, or a department, agency, or instrumentality of the United States Government may file a complaint under subsection (c) or (g) of this section with the Secretary of Transportation. The Secretary shall approve, deny, or dismiss the complaint, set the complaint for a hearing or investigation, or begin another proceeding proposing remedial action not later than 60 days after receiving the complaint. The Secretary may extend the period for acting for additional periods totaling not more than 30 days if the Secretary decides that with additional time it is likely that a complaint can be resolved satisfactorily through negotiations with the government of the foreign country or foreign entity. The Secretary must act not later than 90 days after receiving the complaint. However, the Secretary may extend this 90-day period for not more than an additional 90 days if, on the last day of the initial 90-day period, the Secretary finds that—

(A) negotiations with the government have progressed to a point that a satisfactory resolution of the complaint appears imminent;

(B) an air carrier or computer reservations system firm has not been subjected to economic injury by the government or entity as a result of filing the complaint; and

(C) the public interest requires additional time before the Secretary acts on the complaint.

(2) In carrying out paragraph (1) of this subsection and subsection (c) of this section, the Secretary of Transportation shall—

(A) solicit the views of the Secretaries of Commerce and State and the United States Trade Representative;

(B) give an affected air carrier or foreign air carrier reasonable notice and an opportunity to submit written evidence and arguments within the time limits of this subsection; and

(C) submit to the President under section 41307 or 41509(f) of this title actions proposed by the Secretary of Transportation.

(e) Review.—(1) The Secretaries of State, the Treasury, and Transportation and the heads of other departments, agencies, and instrumentalities of the Government shall keep under review, to the extent of each of their jurisdictions, each form of discrimination or unfair competitive practice to which an air carrier is subject when providing foreign air transportation or a computer reservations system firm is subject when providing services with respect to airline service. Each Secretary and head shall—

(A) take appropriate action to eliminate any discrimination or unfair competitive practice found to exist; and

(B) request Congress to enact legislation when the authority to eliminate the discrimination or unfair practice is inadequate.

(2) The Secretary of Transportation shall report to Congress annually on each action taken under paragraph (1) of this subsection and on the continuing program to eliminate discrimination and unfair competitive practices. The Secretaries of State and the Treasury each shall give the Secretary of Transportation information necessary to prepare the report.

(f) Reports.—Not later than 30 days after acting on a complaint under this section, the Secretary of Transportation shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on action taken under this section on the complaint.

(g) Actions Against Discriminatory Activity by Foreign CRS Systems.—The Secretary of Transportation may take such actions as the Secretary considers are in the public interest to eliminate an activity of a foreign air carrier that owns or markets a computer reservations system, or of a computer reservations system firm whose principal offices are located outside the United States, when the Secretary, on the initiative of the Secretary or on complaint, decides that the activity, with respect to airline service—

(1) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against a computer reservations system firm whose principal offices are located inside the United States; or

(2) imposes an unjustifiable or unreasonable restriction on access of such a computer reservations system to a foreign market.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1130; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 106–181, title VII, §741, Apr. 5, 2000, 114 Stat. 174.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41310(a)	49 App.:1374(b).	Aug. 23, 1958, Pub. L. 85–726, §404(b), 72 Stat. 760.
	49 App.:1551(a)(4)(C) (related to 49 App.:1374(b)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(C) (related to §404(b)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703.
41310(b)	49 App.:1159a.	June 16, 1948, ch. 473, 62 Stat. 450, §11; added Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103; Oct. 4, 1984, Pub. L. 98–443, §9(c), 98 Stat. 1706.
41310(c)	49 App.:1159b(b)(1).	Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, §2(b)(1), (2), (4); added Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, §9(d)(2), (3), 98 Stat. 1707; Aug. 23, 1988, Pub. L. 100–418, §§10011, 10012(1), (2), 102 Stat. 1573.
41310(d)(1)	49 App.:1159b(b)(2), (4).
41310(d)(2)	49 App.:1159b(b)(3).	Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, §2(b)(3), (e); added Aug. 23, 1988, Pub. L. 100–418, §§10012(3), 10013, 102 Stat. 1573.
41310(e)(1)	49 App.:1159b(a).	Jan. 3, 1975, Pub. L. 93–623, §2(a), 88 Stat. 2102; Oct. 4, 1984, Pub. L. 98–443, §9(d)(1), 98 Stat. 1706.
	49 App.:1159b(c).	Jan. 3, 1975, Pub. L. 93–623, §2(c), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45.
41310(e)(2)	49 App.:1159b(d).	Jan. 3, 1975, Pub. L. 93–623, §2(d), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, §9(d)(2), (4), 98 Stat. 1707.
41310(f)	49 App.:1159b(e).

In subsection (a), the words "may not subject . . . to unreasonable discrimination" are substituted for "No . . . shall make, give, or cause any undue or unreasonable preference or advantage . . . in any respect whatsoever or subject . . . to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever" to eliminate unnecessary words. The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.

In subsection (b)(1), the words "at any time", "unreasonably exceed comparable charges for furnishing such airport property or airway property in the United States or are otherwise" and "reduce such charges or" are omitted as surplus. The words "the Secretary of State shall promptly report such instances to" are omitted as surplus because the Secretary of Transportation is involved in the negotiations and aware of the failure to end the discrimination. The words "excessive or" are omitted as surplus. The words "or carriers" are omitted because of 1:1.

In subsection (b)(2), the words "in accordance with such regulations as he shall adopt" are omitted as surplus because of 49:322(a). The words "by them" are omitted as surplus.

In subsections (c)–(e), the words "United States" before "air carriers" and "air carrier" are omitted as surplus and for consistency because only a citizen of the United States may be an "air carrier" as defined in section 40102(a) of the revised title and because 49 App.:1301 applies to this section.

In subsections (c)(1) and (d)(1), before each clause (A), the words "foreign entity" and "entity" are substituted for "instrumentality" for consistency in the revised title and with other titles of the United States Code.

In subsection (c)(2), the words "alteration", "cancellation", "limitation", and "pursuant to the powers of the Secretary" are omitted as surplus.

In subsection (d)(1), before clause (A), the words "department, agency, or instrumentality of the United States Government" are substituted for "agency of the Government of the United States" for consistency in the revised title and with other titles of the Code. The words "additional periods totaling not more than 30 days" are substituted for "an additional period or periods of up to 30 days each" for clarity because the amendment made by section 10111 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418, 102 Stat. 1573) changed the additional period within which the Secretary had to act to only 30 days. The word "initial" is added for clarity.

In subsection (d)(2)(A), the words "the Secretaries of Commerce and State and the United States Trade Representative" are substituted for "the Department of State, the Department of Commerce, and the Office of the United States Trade Representative" because of 15:1501, 22:2651, and 19:2171, respectively.

In subsection (d)(2)(B), the words "as is consistent with acting on the complaint" are omitted as surplus.

In subsection (e)(1), before clause (A), the text of 49 App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words "The Secretaries of State, the Treasury, and Transportation" are substituted for "The Department of State, the Department of the Treasury, the Department of Transportation" because of 22:2651, 31:301(b), and 49:102(b), respectively. The words "the heads of" and "instrumentalities of the Government" are added for consistency in the revised title and with other titles of the Code. The word "jurisdictions" is substituted for "respective functions" for clarity and consistency. In clause (A), the words "within its jurisdiction . . . such forms of" are omitted as surplus. Clause (B) is substituted for 49 App.:1159b(c) to eliminate unnecessary words.

In subsection (e)(2), the words "faced by United States carriers in foreign air transportation", "as may be", and "required by this subsection" are omitted as surplus.

Editorial Notes

Amendments

2000—Subsec. (d)(1). Pub. L. 106–181, §741(b)(1)(A), (B), in first sentence of introductory provisions, substituted "air carrier, computer reservations system firm," for "air carrier" and "subsection (c) or (g)" for "subsection (c)".

Subsec. (d)(1)(B). Pub. L. 106–181, §741(b)(1)(C), substituted "air carrier or computer reservations system firm" for "air carrier".

Subsec. (e)(1). Pub. L. 106–181, §741(b)(2), inserted "or a computer reservations system firm is subject when providing services with respect to airline service" before period at end of first sentence.

Subsec. (g). Pub. L. 106–181, §741(a), added subsec. (g).

1996—Subsec. (f). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

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.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (e)(2) of this section relating to the requirement that the Secretary of Transportation report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 21st item on page 132 of House Document No. 103–7.

§41311. Gambling restrictions

(a) In General.—An air carrier or foreign air carrier may not install, transport, or operate, or permit the use of, any gambling device on board an aircraft in foreign air transportation.

(b) Definition.—In this section, the term "gambling device" means any machine or mechanical device (including gambling applications on electronic interactive video systems installed on board aircraft for passenger use)—

(1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or

(2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.

(Added Pub. L. 103–305, title II, §205(a)(1), Aug. 23, 1994, 108 Stat. 1583.)

Statutory Notes and Related Subsidiaries

Study of Gambling on Commercial Aircraft

Pub. L. 103–305, title II, §205(b), Aug. 23, 1994, 108 Stat. 1583, provided that the Secretary, not later than 1 year after Aug. 23, 1994, was to complete a study of the aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for passenger use and the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and operate gambling applications on electronic interactive video systems on board aircraft on flights over international waters, and provided that the Secretary, within 5 days after the completion of the study, would submit a report to Congress on the results of the study.

§41312. Ending or suspending foreign air transportation

(a) General.—An air carrier holding a certificate issued under section 41102 of this title to provide foreign air transportation—

(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a community is located; and

(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision.

(b) Temporary Suspension.—The Secretary may authorize the temporary suspension of foreign air transportation under subsection (a) of this section when the Secretary finds the suspension is in the public interest.

(Added Pub. L. 103–429, §6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, §5(72), Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes
Pub. L. 103–429

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41312(a)	49 App.:1371(j)(1) (1st sentence), (2).	Aug. 23, 1958, Pub. L. 85–726, §401(j), 72 Stat. 756, as restated Oct. 24, 1978, Pub. L. 95–504, §19(a), 92 Stat. 1720.
	49 App.:1551(a)(1)(D).	Aug. 23, 1958, Pub. L. 85–726, §1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, §1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41312(b)	49 App.:1371(j)(1) (last sentence). 49 App.:1551(a)(1)(D), (b)(1)(E).

In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of chapter 417 of title 49.

In subsection (a)(1) and (2), the word "place" is substituted for "point" for consistency in the revised title. The words "by that decision" are added for clarity.

In subsection (a)(1), the words "which it is providing" are omitted as surplus. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(2), the words "between those places" are substituted for "being provided by such air carrier under such certificate" to eliminate unnecessary words.

In subsection (b), the words "by regulation or otherwise" are omitted as surplus. The words "when the Secretary finds the suspension is in" are substituted for "as may be" for clarity and consistency.

Pub. L. 104–287

This amends 49:41312(a)(1) to conform to the style of title 49.

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–287 substituted "Secretary of Transportation" for "Secretary".

Statutory Notes and Related Subsidiaries

Effective Date

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

§41313. Plans to address needs of families of passengers involved in foreign air carrier accidents

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

(1) Aircraft accident.—The term "aircraft accident" means any aviation disaster, regardless of its cause or suspected cause, that occurs within the United States; and

(2) Passenger.—The term "passenger" has the meaning given such term by section 1136.

(b) Submission of Plans.—A foreign air carrier providing foreign air transportation under this chapter shall transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.

(c) Contents of Plans.—To the extent permitted by foreign law which was in effect on the date of the enactment of this section, a plan submitted by a foreign air carrier under subsection (b) shall include the following:

(1) Telephone number.—A plan for publicizing a reliable, toll-free telephone number and staff to take calls to such number from families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life.

(2) Notification of families.—A process for notifying, in person to the extent practicable, the families of passengers involved in an aircraft accident that involves an aircraft under the control of the foreign air carrier and results in any loss of life before providing any public notice of the names of such passengers. Such notice shall be provided by using the services of—

(A) the organization designated for the accident under section 1136(a)(2); or

(B) other suitably trained individuals.

(3) Notice provided as soon as possible.—An assurance that the notice required by paragraph (2) shall be provided as soon as practicable after the foreign air carrier has verified the identity of a passenger on the foreign aircraft, whether or not the names of all of the passengers have been verified.

(4) List of passengers.—An assurance that the foreign air carrier shall provide, immediately upon request, and update a list (based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), to—

(A) the director of family support services designated for the accident under section 1136(a)(1); and

(B) the organization designated for the accident under section 1136(a)(2).

(5) Consultation regarding disposition of remains and effects.—An assurance that the family of each passenger will be consulted about the disposition of any remains and personal effects of the passenger that are within the control of the foreign air carrier.

(6) Return of possessions.—An assurance that, if requested by the family of a passenger, any possession (regardless of its condition) of that passenger that is within the control of the foreign air carrier will be returned to the family unless the possession is needed for the accident investigation or a criminal investigation.

(7) Unclaimed possessions retained.—An assurance that any unclaimed possession of a passenger within the control of the foreign air carrier will be retained by the foreign air carrier for not less than 18 months after the date of the accident.

(8) Monuments.—An assurance that the family of each passenger will be consulted about construction by the foreign air carrier of any monument to the passengers built in the United States, including any inscription on the monument.

(9) Equal treatment of passengers.—An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident, including any victim on the ground) will be the same as the treatment of the families of revenue passengers.

(10) Service and assistance to families of passengers.—An assurance that the foreign air carrier will work with any organization designated under section 1136(a)(2) on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following an accident.

(11) Compensation to service organizations.—An assurance that the foreign air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) for services and assistance provided by the organization.

(12) Travel and care expenses.—An assurance that the foreign air carrier will assist the family of any passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.

(13) Resources for plan.—An assurance that the foreign air carrier will commit sufficient resources to carry out the plan.

(14) Substitute measures.—If a foreign air carrier does not wish to comply with paragraph (10), (11), or (12), a description of proposed adequate substitute measures for the requirements of each paragraph with which the foreign air carrier does not wish to comply.

(15) Training of employees and agents.—An assurance that the foreign air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.

(16) Consultation on carrier response not covered by plan.—An assurance that, in the event that the foreign air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving any loss of life, the foreign air carrier shall consult with the Board and the Department of State on the provision of the assistance.

(17) Notice concerning liability for manmade structures.—

(A) In general.—An assurance that, in the case of an accident that results in any damage to a manmade structure or other property on the ground that is not government-owned, the foreign air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.

(B) Minimum contents.—At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by foreign air carrier representatives about compensation by the foreign air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.

(18) Simultaneous electronic transmission of ntsb hearing.—An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the foreign air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the foreign air carrier's flight if that city is located in the United States.

(d) Permit and Exemption Requirement.—The Secretary shall not approve an application for a permit under section 41302 unless the applicant has included as part of the application or request for exemption a plan that meets the requirements of subsection (c).

(e) Limitation on Liability.—A foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the foreign air carrier in preparing or providing a passenger list pursuant to a plan submitted by the foreign air carrier under subsection (c), unless the liability was caused by conduct of the foreign air carrier which was grossly negligent or which constituted intentional misconduct.

(Added Pub. L. 105–148, §1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106–181, title IV, §403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108–176, title VIII, §809(b), Dec. 12, 2003, 117 Stat. 2589; Pub. L. 115–254, div. B, title V, §539(d), div. C, §1109(b), Oct. 5, 2018, 132 Stat. 3370, 3434; Pub. L. 118–63, title XI, §1101(i), May 16, 2024, 138 Stat. 1413.)

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. 105–148, which was approved Dec. 16, 1997.

Amendments

2024—Subsec. (c)(16). Pub. L. 118–63 substituted "the foreign air carrier shall consult" for "will consult".

2018—Subsec. (b). Pub. L. 115–254, §1109(b)(1), substituted "any loss of life" for "a major loss of life".

Subsec. (c)(1). Pub. L. 115–254, §1109(b)(2)(A), substituted "any loss of life" for "a significant loss of life".

Subsec. (c)(2). Pub. L. 115–254, §1109(b)(2)(B), substituted "any loss of life" for "a significant loss of life" in introductory provisions.

Subsec. (c)(9). Pub. L. 115–254, §1109(b)(2)(C), amended par. (9) generally. Prior to amendment, text read as follows: "An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers."

Subsec. (c)(16). Pub. L. 115–254, §1109(b)(2)(D), substituted "any loss of life" for "major loss of life" and "will consult" for "the foreign air carrier will consult".

Pub. L. 115–254, §539(d), substituted "An assurance that" for "An assurance that the foreign air carrier".

Subsec. (c)(17)(A). Pub. L. 115–254, §1109(b)(2)(E), substituted "any damage" for "significant damage".

2003—Subsec. (c)(17), (18). Pub. L. 108–176 added pars. (17) and (18).

2000—Subsec. (a)(2). Pub. L. 106–181, §403(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "The term 'passenger' includes an employee of a foreign air carrier or air carrier aboard an aircraft."

Subsec. (b). Pub. L. 106–181, §403(b), substituted "major" for "significant".

Subsec. (c)(15), (16). Pub. L. 106–181, §403(c)(1), added pars. (15) and (16).

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 section 403(a) and (b) of 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.

Pub. L. 106–181, title IV, §403(c)(2), Apr. 5, 2000, 114 Stat. 131, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of such title that meets the requirements of the amendment made by paragraph (1)."

Effective Date

Pub. L. 105–148, §1(c), Dec. 16, 1997, 111 Stat. 2683, provided that: "The amendments made by this section [enacting this section] shall take effect on the 180th day following the date of the enactment of this Act [Dec. 16, 1997]."

CHAPTER 415—PRICING

        

Editorial Notes

Amendments

1997—Pub. L. 105–102, §2(21), Nov. 20, 1997, 111 Stat. 2205, struck out "common" before "carriers" in item 41502.

§41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation

Every air carrier and foreign air carrier shall establish, comply with, and enforce—

(1) reasonable prices, classifications, rules, and practices related to foreign air transportation; and

(2) for joint prices established for foreign air transportation, reasonable divisions of those prices among the participating air carriers or foreign air carriers without unreasonably discriminating against any of those carriers.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41501	49 App.:1374(a)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(a)(2); added Mar. 22, 1972, Pub. L. 92–259, §1, 86 Stat. 95.

In this chapter, the word "regulation" is omitted in restating the phrase "classifications, rules, regulations, and practices" because it is covered by the word "rules" and to distinguish the rules of an air carrier or foreign air carrier from the regulations of the United States Government. The word "reasonable" is substituted for "just and reasonable" and "just, reasonable, and equitable" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The word "prices" is substituted for "fares" and "rates, fares, and charges" because of the definition of "price" in section 40102(a) of the revised title.

In this section, before clause (1), the words "comply with" are substituted for "observe" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "individual and joint" are omitted as surplus. In clause (2), the words "unreasonably discriminating" are substituted for "unduly prefer or prejudice" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.

§41502. Establishing joint prices for through routes with other carriers

(a) Joint Prices.—An air carrier may establish reasonable joint prices and through service with another carrier. However, an air carrier not directly operating aircraft in air transportation (except an air express company) may not establish under this section a joint price for the transportation of property with a carrier subject to subtitle IV of this title.

(b) Prices, Classifications, Rules, and Practices and Divisions of Joint Prices.—For through service by an air carrier and a carrier subject to subtitle IV of this title, the participating carriers shall establish—

(1) reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those prices; and

(2) for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.

(c) Statements Included in Tariffs.—An air carrier and a carrier subject to subtitle IV of this title that are participating in through service and joint prices shall include in their tariffs, filed with the Secretary of Transportation, a statement showing the through service and joint prices.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–102, §2(22), Nov. 20, 1997, 111 Stat. 2205.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41502(a)	49 App.:1483(b) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §1003(b), 72 Stat. 791.
41502(b)	49 App.:1483(b) (2d sentence).
41502(c)	49 App.:1483(b) (last sentence).
	49 App.:155(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), the words "(except an air express company)" are substituted for "(other than companies engaged in the air express business)" to eliminate unnecessary words.

In subsection (b), before clause (1), the words "participating carriers" are substituted for "carriers parties thereto" and "carriers participating therein" for consistency in this chapter.

In subsection (c), the words "or the Interstate Commerce Commission, as the case may be" are omitted because of 49:10526(a)(8)(B).

Pub. L. 105–102

This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC Termination Act (Public Law 104–88, 109 Stat. 948) struck "common" from the text of 49:41502.

Editorial Notes

Amendments

1997—Pub. L. 105–102 struck out "common" before "carriers" in section catchline.

1995—Pub. L. 104–88 substituted "another carrier" for "another common carrier" in subsec. (a) and "a carrier" for "a common carrier" in subsecs. (a), (b), and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

§41503. Establishing joint prices for through routes provided by State authorized carriers

Subject to sections 41309 and 42111 of this title, a citizen of the United States providing transportation under section 41101(b) of this title may make an agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be the lowest of—

(1) the sum of the applicable prices for—

(A) the part of the transportation provided in the State and approved by the appropriate State authority; and

(B) the part of the transportation provided by the air carrier or foreign air carrier;

(2) a joint price established and filed under section 41504 of this title; or

(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41503	49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(ii) (related to joint rates, fares), (B); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "a citizen of the United States providing transportation under section 41101(b) of this title" are substituted for "any citizen of the United States who undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency" for clarity and because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words "the establishment of" are omitted as surplus.

§41504. Tariffs for foreign air transportation

(a) Filing and Contents.—In the way prescribed by regulation by the Secretary of Transportation, every air carrier and foreign air carrier shall file with the Secretary, publish, and keep open to public inspection, tariffs showing the prices for the foreign air transportation provided between places served by the carrier and provided between places served by the carrier and places served by another air carrier or foreign air carrier with which through service and joint prices have been established. A tariff—

(1) shall contain—

(A) to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;

(B) a statement of the prices in money of the United States; and

(C) other information the Secretary requires by regulation; and

(2) may contain—

(A) a statement of the prices in money that is not money of the United States; and

(B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is authorized to operate.

(b) Changes.—(1) Except as provided in paragraph (2) of this subsection, an air carrier or foreign air carrier may change a price or a classification, rule, or practice affecting that price or the value of the transportation provided under that price, specified in a tariff of the carrier for foreign air transportation only after 30 days after the carrier has filed, published, and posted notice of the proposed change in the same way as required for a tariff under subsection (a) of this section. However, the Secretary may prescribe an alternative notice requirement, of at least 25 days, to allow an air carrier or foreign air carrier to match a proposed change in a passenger fare or a charge of another air carrier or foreign air carrier. A notice under this paragraph must state plainly the change proposed and when the change will take effect.

(2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations prescribed by the Secretary.

(c) Rejection of Changes.—The Secretary may reject a tariff or tariff change that is not consistent with this section and regulations prescribed by the Secretary. A tariff or change that is rejected is void.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1133.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41504(a)	49 App.:1373(a) (1st sentence, 2d sentence words before semicolon, last sentence).	Aug. 23, 1958, Pub. L. 85–726, §403(a), 72 Stat. 758.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(a), (c)(1), (2)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41504(b)(1)	49 App.:1373(c)(1).	Aug. 23, 1958, Pub. L. 85–726, §403(c)(1), (2), 72 Stat. 759; Nov. 9, 1977, Pub. L. 95–163, §10(a), 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §22, 92 Stat. 1724; Feb. 15, 1980, Pub. L. 96–192, §24(b), (c), 94 Stat. 47.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(1)), (b)(1)(E).
41504(b)(2)	49 App.:1373(c)(2).
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(2)), (b)(1)(E).
41504(c)	49 App.:1373(a) (2d sentence words after semicolon, 3d sentence).
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E).

In this section, the words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words "passenger fare" are substituted for "fare" for consistency in the revised title.

In subsection (a), before clause (1), the word "print" is omitted as being included in "publish". The word "places" is substituted for "points" for consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word "services" is omitted as being included in "practices". In clauses (1)(B) and (2)(A), the word "lawful" is omitted as surplus.

In subsection (b)(1), the words "for foreign air transportation" are added because of 49 App.:1551(a)(4)(B). See the revision notes for subsection (a) of this section. The words "in the same way as required for a tariff under" are substituted for "in accordance with" for clarity. The words "proposed change in a passenger fare or a charge of another air carrier or foreign air carrier" are substituted for "fares or charges specified in another air carrier's or foreign air carrier's proposed tariff" for clarity and consistency in this section.

In subsection (b)(2), the words "not covered by" are substituted for "to which such range of fares does not apply" to eliminate unnecessary words. The words "subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix" are omitted because those sections related to interstate and overseas air transportation and the source provisions restated in this section relate to foreign air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985, except as related to foreign air transportation. The reference in the source provisions to "section 1482(j)(9) of this Appendix" has been restated as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S. 1300 of the 96th Congress (the derivative source for the International Air Transportation Competition Act of 1979), as originally passed by both the Senate and the House of Representatives, restated section 403(c)(2) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 759) to read as it now does with a cross–reference to section 1002(j)(9) of the Federal Aviation Act of 1958. Also contained in those versions of S. 1300 in section 24(a) was an amendment to section 1002(j) of the Federal Aviation Act of 1958 to add a paragraph (9) that contained language identical to what is now section 1002(j)(10) of the Federal Aviation Act of 1958. When S. 1300 was reported by the conference committee and enacted into law as the International Air Transportation Competition Act of 1979, section 24(a) had been changed so that a different paragraph (9) was added and what had been paragraph (9) was now designated as a new paragraph (10) to be added. Apparently, when the conference committee redesignated section 1002(j)(9) as 1002(j)(10) it did not make a corresponding change in the cross–reference in section 403(c)(2). See 125 Cong. Rec. 26936, 32147, 36939.

§41505. Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air carriers

(a) Definition.—In this section, "commuter air carrier" means an air carrier providing transportation under section 40109(f) of this title that provides at least 5 scheduled roundtrips a week between the same 2 places.

(b) General.—Except as provided in subsection (c) of this section, when the Secretary of Transportation prescribes under section 41508 or 41509 of this title a uniform method generally applicable to establishing joint prices and divisions of joint prices for and between air carriers holding certificates issued under section 41102 of this title, the Secretary shall make that uniform method apply to establishing joint prices and divisions of joint prices for and between air carriers and commuter air carriers.

(c) Notice Required Before Modifying, Suspending, or Ending Transportation.—A commuter air carrier that has an agreement with an air carrier to provide transportation for passengers and property that includes through service by the commuter air carrier over the commuter air carrier's routes and air transportation provided by the air carrier shall give the air carrier and the Secretary at least 90 days' notice before modifying, suspending, or ending the transportation. If the commuter air carrier does not give that notice, the uniform method of establishing joint prices and divisions of joint prices referred to in subsection (b) of this section does not apply to the commuter air carrier.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41505(a)	49 App.:1482a(2), (3).	Oct. 24, 1978, Pub. L. 95–504, §37(c), 92 Stat. 1742.
41505(b)	49 App.:1482a(1) (1st sentence).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41505(c)	49 App.:1482a(1) (last sentence).
	49 App.:1551(b)(1)(E).

In subsection (a), the text of 49 App.:1482a(2)(A) is omitted as unnecessary because the definition of "air carrier" in 49 App.:1301(3) is restated in section 40102(a) of the revised title and applies to this section and because the functions of the Civil Aeronautics Board under 49 App.:1482a were transferred to the Secretary of Transportation by 49 App.:1551(b)(1)(E) and the complete name of the Secretary is used the first time the term appears in a section. The text of 49 App.:1482a(3) is omitted as executed. The reference in the source provisions to "section 416(b)(3) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(3)]" has been restated as though it were a reference to section 416(b)(4) to correct an apparent error in the Airline Deregulation Act of 1978 (Public Law 95–504, 92 Stat. 1705). Section 24 of H.R. 12611 of the 95th Congress (the derivative source for 416(b)(4)), added section 416(b)(3) to the Federal Aviation Act. Section 29(c) added provisions that eventually were classified as 49 App.:1482a. Those provisions contained a reference to section 416(b)(3). When S. 2493 (passed in lieu of the House bill after being amended to contain much of the text of the House bill) was reported by the conference committee and enacted into law, section 32 added what had been a new 416(b)(3) as a new 416(b)(4). However, the conference committee did not make a corresponding change in the cross-reference in section 37(c), that added 49 App.:1482a. See 124 Cong. Rec. 30714, 30716, 36521, 36524. The word "scheduled" is substituted for "pursuant to flight schedules" to eliminate unnecessary words. The words "the same 2 places" are substituted for "one pair of points" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the words "Except as provided in subsection (c) of this section" are added for clarity. The words "pursuant to its authority" are omitted as surplus.

In subsection (c), the word "passengers" is substituted for "persons" for consistency in the revised title and with other titles of the Code. The words "through service by the commuter air carrier over the commuter air carrier's routes" are substituted for "transportation over its routes" for clarity. The words "between air carriers and commuter air carriers" are omitted as surplus.

§41506. Price division filing requirements for foreign air transportation

Every air carrier and foreign air carrier shall keep currently on file with the Secretary of Transportation, if the Secretary requires, the established divisions of all joint prices for foreign air transportation in which the carrier participates.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41506	49 App.:1373(d).	Aug. 23, 1958, Pub. L. 85–726, §403(d), 72 Stat. 759.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(d)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(d)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.

The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft.

§41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation

(a) General.—When the Secretary of Transportation decides that a price charged or received by an air carrier or foreign air carrier for foreign air transportation, or a classification, rule, or practice affecting that price or the value of the transportation provided under that price, is or will be unreasonably discriminatory, the Secretary may—

(1) change the price, classification, rule, or practice as necessary to correct the discrimination; and

(2) order the air carrier or foreign air carrier to stop charging or collecting the discriminatory price or carrying out the discriminatory classification, rule, or practice.

(b) When Secretary May Act.—The Secretary may act under this section on the Secretary's own initiative or on a complaint filed with the Secretary and only after notice and an opportunity for a hearing.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41507(a)	49 App.:1482(f) (words after 4th comma).	Aug. 23, 1958, Pub. L. 85–726, §1002(f), 72 Stat. 789.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41507(b)	49 App.:1482(f) (words before 4th comma).
	49 App.:1551(b)(1)(E).

In subsection (a), before clause (1), the words "individual or joint" are omitted as surplus. The words "charged or received" are substituted for "demanded, charged, collected, or received" to eliminate unnecessary words. The words "unreasonably discriminatory" are substituted for "unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. In clause (2), the words "carrying out" are substituted for "enforcing" for clarity.

In subsection (b), the words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.

§41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation

(a) General.—When the Secretary of Transportation decides that a division between air carriers, foreign air carriers, or both, of a joint price for foreign air transportation is or will be unreasonable or unreasonably discriminatory against any of those carriers, the Secretary shall prescribe a reasonable division of the joint price among those carriers. The Secretary may order the adjustment in the division of the joint price to be made retroactively to the date the complaint was filed, the date the order for an investigation was made, or a later date the Secretary decides is reasonable.

(b) When Secretary May Act.—The Secretary may act under this section on the Secretary's own initiative or on a complaint filed with the Secretary and only after notice and an opportunity for a hearing.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41508(a)	49 App.:1482(h) (words after 3d comma).	Aug. 23, 1958, Pub. L. 85–726, §1002(h), 72 Stat. 790; Nov. 9, 1977, Pub. L. 95–163, §18(c), 91 Stat. 1287.
	49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(5)(D) (related to §1002(h)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41508(b)	49 App.:1482(h) (words before 3d comma).
	49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E).

In subsection (a), the words "interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the state of Hawaii, or overseas or" are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h) applies only to foreign air transportation. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust, unreasonable, inequitable, or unduly preferential or prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The words "against any of those carriers" are substituted for "as between the air carriers or foreign air carriers parties thereto" to eliminate unnecessary words. The word "retroactively" is added for clarity.

In subsection (b), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.

§41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air transportation

(a) Cancellation and Rejection.—(1) On the initiative of the Secretary of Transportation or on a complaint filed with the Secretary, the Secretary may conduct a hearing to decide whether a price for foreign air transportation contained in an existing or newly filed tariff of an air carrier or foreign air carrier, a classification, rule, or practice affecting that price, or the value of the transportation provided under that price, is lawful. The Secretary may begin the hearing at once and without an answer or another formal pleading by the air carrier or foreign air carrier, but only after reasonable notice. If, after the hearing, the Secretary decides that the price, classification, rule, or practice is or will be unreasonable or unreasonably discriminatory, the Secretary may cancel or reject the tariff and prevent the use of the price, classification, rule, or practice.

(2) With or without a hearing, the Secretary may cancel or reject an existing or newly filed tariff of a foreign air carrier and prevent the use of a price, classification, rule, or practice when the Secretary decides that the cancellation or rejection is in the public interest.

(3) In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection, the Secretary shall consider—

(A) the effect of the price on the movement of traffic;

(B) the need in the public interest of adequate and efficient transportation by air carriers and foreign air carriers at the lowest cost consistent with providing the transportation;

(C) the standards prescribed under law related to the character and quality of transportation to be provided by air carriers and foreign air carriers;

(D) the inherent advantages of transportation by aircraft;

(E) the need of the air carrier and foreign air carrier for revenue sufficient to enable the air carrier and foreign air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier and foreign air carrier transportation;

(F) whether the price will be predatory or tend to monopolize competition among air carriers and foreign air carriers in foreign air transportation;

(G) reasonably estimated or foreseeable future costs and revenues for the air carrier or foreign air carrier for a reasonably limited future period during which the price would be in effect; and

(H) other factors.

(b) Suspension.—(1)(A) Pending a decision under subsection (a)(1) of this section, the Secretary may suspend a tariff and the use of a price contained in the tariff or a classification, rule, or practice affecting that price.

(B) The Secretary may suspend a tariff of a foreign air carrier and the use of a price, classification, rule, or practice when the suspension is in the public interest.

(2) A suspension becomes effective when the Secretary files with the tariff and delivers to the air carrier or foreign air carrier affected by the suspension a written statement of the reasons for the suspension. To suspend a tariff, reasonable notice of the suspension must be given to the affected carrier.

(3) The suspension of a newly filed tariff may be for periods totaling not more than 365 days after the date the tariff otherwise would go into effect. The suspension of an existing tariff may be for periods totaling not more than 365 days after the effective date of the suspension. The Secretary may rescind at any time the suspension of a newly filed tariff and allow the price, classification, rule, or practice to go into effect.

(c) Effective Tariffs and Prices When Tariff Is Suspended, Canceled, or Rejected.—(1) If a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section and the Secretary does not take final action in the proceeding during the suspension period, the tariff goes into effect at the end of that period subject to cancellation when the proceeding is concluded.

(2)(A) During the period of suspension, or after the cancellation or rejection, of a newly filed tariff (including a tariff that has gone into effect provisionally), the affected air carrier or foreign air carrier shall maintain in effect and use—

(i) the corresponding seasonal prices, or the classifications, rules, and practices affecting those prices or the value of transportation provided under those prices, that were in effect for the carrier immediately before the new tariff was filed; or

(ii) another price provided for under an applicable intergovernmental agreement or understanding.

(B) If the suspended, canceled, or rejected tariff is the first tariff of the carrier for the covered transportation, the carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.

(3) If an existing tariff is suspended or canceled, the affected air carrier or foreign air carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.

(d) Response to Refusal of Foreign Country To Allow Air Carrier To Charge a Price.—When the Secretary finds that the government or an aeronautical authority of a foreign country has refused to allow an air carrier to charge a price contained in a tariff filed and published under section 41504 of this title for foreign air transportation to the foreign country—

(1) the Secretary, without a hearing—

(A) may suspend any existing tariff of a foreign air carrier providing transportation between the United States and the foreign country for periods totaling not more than 365 days after the date of the suspension; and

(B) may order the foreign air carrier to charge, during the suspension periods, prices that are the same as those contained in a tariff (designated by the Secretary) of an air carrier filed and published under section 41504 of this title for foreign air transportation to the foreign country; and

(2) a foreign air carrier may continue to provide foreign air transportation to the foreign country only if the government or aeronautical authority of the foreign country allows an air carrier to start or continue foreign air transportation to the foreign country at the prices designated by the Secretary.

(e) Standard Foreign Fare Level.—(1)(A) In this subsection, "standard foreign fare level" means—

(i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B) of this paragraph) filed for and allowed by the Civil Aeronautics Board to go into effect after September 30, 1979, and before August 13, 1980 (with seasonal fares adjusted by the percentage difference that prevailed between seasons in 1978), or the fare established under section 1002(j)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 24(a) of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46); or

(ii) for a class of fares established after October 1, 1979, the fare between 2 places in effect on the effective date of the establishment of the new class.

(B) At least once every 60 days for fuel costs, and at least once every 180 days for other costs, the Secretary shall adjust the standard foreign fare level for the particular foreign air transportation to which the standard foreign fare level applies by increasing or decreasing that level by the percentage change from the last previous period in the actual operating cost for each available seat-mile. In adjusting a standard foreign fare level, the Secretary may not make an adjustment to costs actually incurred. In establishing a standard foreign fare level and making adjustments in the level under this paragraph, the Secretary may use all relevant or appropriate information reasonably available to the Secretary.

(2) The Secretary may not decide that a proposed fare for foreign air transportation is unreasonable on the basis that the fare is too low or too high if the proposed fare is neither more than 5 percent higher nor 50 percent lower than the standard foreign fare level for the same or essentially similar class of transportation. The Secretary by regulation may increase the 50 percent specified in this paragraph.

(3) Paragraph (2) of this subsection does not apply to a proposed fare that is not more than—

(A) 5 percent higher than the standard foreign fare level when the Secretary decides that the proposed fare may be unreasonably discriminatory or that suspension of the fare is in the public interest because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier; or

(B) 50 percent lower than the standard foreign fare level when the Secretary decides that the proposed fare may be predatory or discriminatory or that suspension of the fare is required because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier.

(f) Submission of Orders to President.—The Secretary shall submit to the President an order made under this section suspending, canceling, or rejecting a price for foreign air transportation, and an order rescinding the effectiveness of such an order, before publishing the order. Not later than 10 days after its submission, the President may disapprove the order on finding disapproval is necessary for United States foreign policy or national defense reasons.

(g) Compliance as Condition of Certificate or Permit.—This section and compliance with an order of the Secretary under this section are conditions to any certificate or permit held by an air carrier or foreign air carrier. An air carrier or foreign air carrier may provide foreign air transportation only as long as the carrier maintains prices for that transportation that comply with this section and orders of the Secretary under this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41509(a)(1)	49 App.:1482(j)(1) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers), (2) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(1), (2); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 96; restated Feb. 15, 1980, Pub. L. 96–192, §§14, 15, 94 Stat. 40.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(c)(3)), (b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41509(a)(2)	49 App.:1482(j)(1) (2d sentence related to tariffs of foreign air carriers), (2) (2d sentence related to tariffs of foreign air carriers).
	49 App.:1551(b)(1)(E).
41509(a)(3)	49 App.:1482(j)(5).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(5); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 98; Feb. 15, 1980, Pub. L. 96–192, §16, 94 Stat. 42.
	49 App.:1551(b)(1)(E).
41509(b)	49 App.:1373(c)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §403(c)(3); added Oct. 24, 1978, Pub. L. 95–504, §22, 92 Stat. 1724.
	49 App.:1482(j)(1) (1st sentence words after semicolon, 3d sentence), (2) (1st sentence words after semicolon).
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(3)), (b)(1)(E).
41509(c)(1)	49 App.:1482(j)(1) (4th sentence), (2) (3d sentence).
	49 App.:1551(b)(1)(E).
41509(c)(2)	49 App.:1482(j)(1) (5th, last sentences).
41509(c)(3)	49 App.:1482(j)(2) (last sentence).
41509(d)	49 App.:1482(j)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(3), (4); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 98.
	49 App.:1551(b)(1)(E).
41509(e) (1)(A)	49 App.:1482(j)(7).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(6), (7), (9), (10); added Feb. 15, 1980, Pub. L. 96–192, §24(a), 94 Stat. 45, 47.
41509(e) (1)(B)	49 App.:1482(j)(9).
	49 App.:1551(b)(1)(E).
41509(e)(2), (3)	49 App.:1482(j)(6), (10).
	49 App.:1551(b)(1)(E).
41509(f)	49 App.:1461(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §801(b); added Mar. 22, 1972, Pub. L. 92–259, §2, 86 Stat. 96.
	49 App.:1551(b)(1)(E).
41509(g)	49 App.:1482(j)(4).
	49 App.:1551(b)(1)(E).

In subsection (a)(1) and (2), the words "take action to" are omitted as surplus.

In subsection (a)(1), the words "individual or joint (between air carriers, between foreign air carriers, or between an air carrier or carriers and a foreign air carrier or carriers)" and "and, if it so orders" are omitted as surplus. The words "unreasonable or unreasonably discriminatory" are substituted for "unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial" for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.

In subsection (a)(3), before clause (A), the words "In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection" are substituted for "In exercising and performing its powers and duties under this subsection with respect to the rejection or cancellation of rates for the carriage of persons or property" for consistency in this section and to eliminate unnecessary words. In clause (B), the words "of persons and property" are omitted as surplus.

In subsection (b)(1), the words "contained in the tariff" are added for clarity.

In subsection (b)(1)(A), the words "such hearing and" are omitted as surplus.

In subsection (b)(1)(B), the words "or in the case of" are omitted as surplus.

In subsection (b)(2), the text of 49 App.:1373(c)(3) is omitted as obsolete. Reference to 49 App.:1482(g) is omitted because 49 App.:1482(g) does not relate to foreign air transportation and 49 App.:1551(a)(5)(D) provides that 49 App.:1482(g) ceased to be in effect on January 1, 1985, except insofar as it related to foreign air transportation. Reference to 49 App.:1482(j) is omitted because it consistently has been interpreted that the minimum notice requirement does not apply to foreign air transportation.

In subsection (b)(3), the words "for periods totaling not more than 365 days after" are substituted for "a period or periods not exceeding 365 days in the aggregate beyond the time when" and "a period or periods not exceeding 365 days in the aggregate from" to eliminate unnecessary words.

In subsection (c)(1), the words "a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section" are added for clarity. The words "and the Secretary does not take final action in the proceeding during the suspension period" are substituted for "the proceeding has not been concluded and an order made within the period of suspension or suspensions" and "the proceeding has not been concluded within the period of suspension or suspensions" to eliminate unnecessary words. The words "or if the Board shall otherwise so direct" are omitted as surplus because under subsection (b)(3) of this section the Secretary may rescind a suspension at any time.

In subsection (c)(2)(A), before clause (i), the words "or suspensions" are omitted because of 1:1. In clause (i), the words "corresponding seasonal" are added for clarity.

In subsection (c)(2)(B) and (3), the words "providing the same transportation" are substituted for "engaged in the same foreign air transportation" for consistency in this chapter and to eliminate unnecessary words.

In subsection (c)(2)(B), the words "of the carrier for the covered transportation" and "during the period of suspension or" are added for clarity.

In subsection (c)(3), the words "If an existing tariff is suspended or canceled" are added for clarity. The words "following cancellation of an existing tariff" are omitted as surplus.

In subsection (d), the word "properly" is omitted as surplus. In clause (1)(A), the words "the operation of" are omitted as surplus. The words "periods totaling not more than 365 days after the date of the suspension" are substituted for "for a period or periods not exceeding three hundred and sixty-five days in the aggregate from the date of such suspension" for clarity and to eliminate unnecessary words. In subclause (B), the words "or suspensions" are omitted because of 1:1. In clause (2), the words "by the Secretary" are added for clarity.

In subsection (e)(1)(B), the words "within 30 days after February 15, 1980" are omitted as executed. The words "as the case may be" are omitted as surplus.

In subsection (e)(2), the text of 49 App.:1482(j)(6)(A) is omitted as expired. The words "with respect to any proposed increase filed with the Board after the 180th day after February 15, 1980" and "with respect to any proposed decrease filed after February 15, 1980" are omitted as obsolete. The words "of persons" are omitted as surplus because a "fare" is only for passengers. The words "The Secretary by regulation may increase the 50 percent specified in this paragraph" are substituted for 49 App.:1482(j)(10) for clarity.

In subsection (e)(3)(A), the words "unreasonably discriminatory" are substituted for "unduly preferential, unduly prejudicial, or unjustly discriminatory" to eliminate unnecessary words and for consistency in the revised title. See the revision notes following 49:10101.

In subsection (g), the words "express" and "now . . . or hereafter issued" are omitted as surplus. The words "may provide foreign air transportation only as long as" are substituted for "shall be a condition to the continuation of the affected service" for clarity.

Editorial Notes

References in Text

Section 1002(j)(8) of the Federal Aviation Act of 1958, referred to in subsec. (e)(1)(A)(i), is section 1002(j)(8) of Pub. L. 85–726, which was classified to section 1482(j)(8) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.

§41510. Required adherence to foreign air transportation tariffs

(a) Prohibited Actions by Air Carriers, Foreign Air Carriers, and Ticket Agents.—An air carrier, foreign air carrier, or ticket agent may not—

(1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff of the carrier that is in effect for that transportation;

(2) refund or remit any part of the price specified in the tariff; or

(3) extend to any person a privilege or facility, related to a matter required by the Secretary of Transportation to be specified in a tariff for foreign air transportation, except as specified in the tariff.

(b) Prohibited Actions by Any Person.—A person may not knowingly—

(1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff in effect for that transportation; or

(2) solicit, accept, or receive—

(A) a refund or remittance of any part of the price specified in the tariff; or

(B) a privilege or facility, related to a matter required by the Secretary to be specified in a tariff for foreign air transportation of property, except as specified in the tariff.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1138.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41510(a)	49 App.:1373(b)(1) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §403(b)(1) (1st sentence), 72 Stat. 759; restated Jan. 3, 1975, Pub. L. 93–623, §§7(a), 8(a), 88 Stat. 2105.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(b)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41510(b)	49 App.:1373(b)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §403(b)(2); added Jan. 3, 1975, Pub. L. 93–623, §8(a), 88 Stat. 2105.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(2)), (b)(1)(E).

In this section, the words "greater or less" are omitted as being included in "different". The words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs prices for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words "for any service in connection therewith" are omitted as surplus because the word "transportation" includes any services related to the transportation.

In subsection (a), before clause (1), the words "may not" are substituted for "no . . . shall" and "no . . . shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise" for clarity and to eliminate unnecessary words. In clause (1), the words "demand or collect" are omitted as being included in "charge or receive". The words "then currently" are omitted as surplus. In clause (3), the words "tariff for foreign air transportation" are substituted for "such tariffs" for clarity.

In subsection (b), before clause (1), the words "shipper, consignor, consignee, forwarder, broker, or other . . . or any director, officer, agent, or employee thereof" are omitted as surplus. In clause (1), the words "directly or indirectly, by any device or means" and "currently" are omitted as surplus. In clause (2), before subclause (A), the words "in any manner or by any device, directly or indirectly, through any agent or broker, or otherwise" are omitted as surplus. In subclause (B), the word "favor" is omitted as surplus.

§41511. Special prices for foreign air transportation

(a) Free and Reduced Pricing.—This chapter does not prohibit an air carrier or foreign air carrier, under terms the Secretary of Transportation prescribes, from issuing or interchanging tickets or passes for free or reduced-price foreign air transportation to or for the following:

(1) a director, officer, or employee of the carrier (including a retired director, officer, or employee who is receiving retirement benefits from an air carrier or foreign air carrier).

(2) a parent or the immediate family of such an officer or employee or the immediate family of such a director.

(3) a widow, widower, or minor child of an employee of the carrier who died as a direct result of a personal injury sustained when performing a duty in the service of the carrier.

(4) a witness or attorney attending a legal investigation in which the air carrier is interested.

(5) an individual injured in an aircraft accident and a physician or nurse attending the individual.

(6) a parent or the immediate family of an individual injured or killed in an aircraft accident when the transportation is related to the accident.

(7) an individual or property to provide relief in a general epidemic, pestilence, or other emergency.

(8) other individuals under other circumstances the Secretary prescribes by regulation.

(b) Space-Available Basis.—Under terms the Secretary prescribes, an air carrier or foreign air carrier may grant reduced-price foreign air transportation on a space-available basis to the following:

(1) a minister of religion.

(2) an individual who is at least 60 years of age and no longer gainfully employed.

(3) an individual who is at least 65 years of age.

(4) an individual who has severely impaired vision or hearing or another physical or mental disability and an accompanying attendant needed by that individual.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1139; Pub. L. 118–63, title V, §550(b), May 16, 2024, 138 Stat. 1212.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41511(a)	49 App.:1373(b)(1) (2d sentence).	Aug. 23, 1958, Pub. L. 85–726, §403(b)(1) (2d– last sentences), 72 Stat. 759; July 12, 1960, Pub. L. 86–627, 74 Stat. 445; Jan. 3, 1975, Pub. L. 93–623, §8(a), 88 Stat. 2105; Nov. 9, 1977, Pub. L. 95–163, §8(a), 91 Stat. 1281.
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(b)(1)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41511(b)	49 App.:1373(b)(1) (3d–last sentences).
	49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E).

In this section, the words "foreign air transportation" are substituted for "transportation" and "in the case of overseas or foreign air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word "conditions" is omitted as being included in "terms".

In subsection (a)(7), the words "or other emergency" are substituted for "other calamitous visitation" for consistency.

In subsection (b)(2), the words "no longer gainfully employed" are substituted for "retired" and "For purposes of this subsection, the term 'retired' means no longer gainfully employed as defined by the Board" to eliminate unnecessary words.

In subsection (b)(4), the words "an individual who has severely impaired vision or hearing or another physical or mental handicap" are substituted for "handicapped person" and "For the purposes of this subsection, the term 'handicapped person' means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board" to eliminate unnecessary words.

Editorial Notes

Amendments

2024—Subsec. (b)(4). Pub. L. 118–63 substituted "disability" for "handicap".

CHAPTER 417—OPERATIONS OF CARRIERS

SUBCHAPTER I—REQUIREMENTS

        

        

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

        

SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

        

Editorial Notes

Amendments

2024—Pub. L. 118–63, title V, §561(g), (i), (j), (l), May 16, 2024, 138 Stat. 1216, 1217, which directed amendment of the analysis for subchapter II of this chapter by striking out items 41735 "Enhanced essential air service", 41740 "Joint proposals", 41744 "Preservation of basic essential air service at single carrier dominated hub airports", and 41748 "Marketing program", was executed to the analysis for this chapter to reflect the probable intent of Congress.

Pub. L. 118–63, title V, §§510(c), 550(d), title XI, §1107(b), May 16, 2024, 138 Stat. 1194, 1212, 1417, substituted "Discrimination against individuals with disabilities" for "Discrimination against handicapped individuals" in item 41705 and added items 41727 to 41729.

2018—Pub. L. 115–254, div. B, title IV, §§403(b), 412(b), title V, §539(e), Oct. 5, 2018, 132 Stat. 3329, 3332, 3370, added items 41725 and 41726 and substituted "rules" for "Rules" in item 41718.

2012—Pub. L. 112–95, title IV, §403(b), Feb. 14, 2012, 126 Stat. 85, which directed amendment of analysis for "such subchapter", meaning subchapter I of chapter 417, by adding item 41724 at the end, was executed by adding item 41724 to analysis for this chapter to reflect the probable intent of Congress.

Pub. L. 112–95, title IV, §§401(b), 430, Feb. 14, 2012, 126 Stat. 83, 100, substituted "Prohibitions against smoking on passenger flights" for "Prohibitions against smoking on scheduled flights" in item 41706, and struck out item 41747 "EAS local participation program".

2003—Pub. L. 108–176, title IV, §§408(b), 410(b), 422(b), title VIII, §810(b), Dec. 12, 2003, 117 Stat. 2547, 2549, 2552, 2590, added items 41721 to 41723 and 41745 to 41748 and struck out former item 41721 "Reports by carriers on incidents involving animals during air transportation".

2000—Pub. L. 106–181, title II, §§203(b), 204(b), 210(b), 231(j)(2), title VII, §710(b), Apr. 5, 2000, 114 Stat. 93, 94, 102, 115, 160, added items 41715 to 41718, redesignated former items 41715 and 41716 as 41719 and 41720, respectively, and added items 41721, 41743, and 41744, subchapter III heading, and items 41761 to 41767.

1998—Pub. L. 105–277, div. C, title I, §110(f)(2), Oct. 21, 1998, 112 Stat. 2681–590, which directed amendment of the analysis for subchapter I of chapter 417 by adding item 41716 without specifying the Code title or Act for chapter 417, was executed by adding item 41716 to this analysis to reflect the probable intent of Congress.

1996—Pub. L. 104–264, title II, §278(d), Oct. 9, 1996, 110 Stat. 3250, substituted "Essential air service authorization" for "Ending effective date" in item 41742.

1994—Pub. L. 103–429, §6(52), Oct. 31, 1994, 108 Stat. 4385, made technical correction to chapter heading.

Pub. L. 103–305, title II, §§206(b), 207(b), Aug. 23, 1994, 108 Stat. 1587, 1588, added items 41714 and 41715.

¹ So in original. Does not conform to section catchline.

SUBCHAPTER I—REQUIREMENTS

§41701. Classification of air carriers

The Secretary of Transportation may establish—

(1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and

(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41701	49 App.:1386(a).	Aug. 23, 1958, Pub. L. 85–726, §416(a), 72 Stat. 771.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the words "from time to time" are omitted as unnecessary. In clauses (1) and (2), the word "just" is omitted as being included in "reasonable". In clause (1), the word "groups" is omitted as being included in "classifications". The words "transportation provided" are substituted for "services performed" for consistency in the revised title. In clause (2), the word "requirements" is substituted for "rules and regulations pursuant to and consistent with the provisions of this subchapter" as being more appropriate and for consistency in the revised title.

Statutory Notes and Related Subsidiaries

Crewmember Pumping Guidance

Pub. L. 118–63, title IV, §421, May 16, 2024, 138 Stat. 1165, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue guidance to part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during noncritical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall—

"(1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and

"(2) ensure the guidance will not require an air carrier or foreign air carrier to incur significant expense, such as through—

"(A) the addition of an extra crewmember in response to providing a break;

"(B) removal or retrofitting of seats on the aircraft; or

"(C) modification or retrofitting of an aircraft.

"(b) Definitions.—In this section:

"(1) Crewmember.—The term 'crewmember' has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations.

"(2) Critical phases of flight.—The term 'critical phases of flight' has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations.

"(3) Part 121.—The term 'part 121' means part 121 of title 14, Code of Federal Regulations.

"(c) Aviation Safety.—Nothing in this section shall limit the authority of the Administrator relating to aviation safety under subtitle VII of title 49, United States Code."

§41702. Interstate air transportation

An air carrier shall provide safe and adequate interstate air transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41702	49 App.:1374(a)(1).	Aug. 23, 1958, Pub. L. 85–726, §404(a)(1), 72 Stat. 760; Mar. 22, 1972, Pub. L. 92–259, §1, 86 Stat. 95; Oct. 24, 1978, Pub. L. 95–504, §23, 92 Stat. 1724.
	49 App.:1551(a)(4)(C) (related to 49 App.:1374(a)(1)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(C) (related to §404(a)(1)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703.

This section is substituted for 49 App.:1374(a)(1) because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.

§41703. Navigation of foreign civil aircraft

(a) Permitted Navigation.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only—

(1) if the country of registry grants a similar privilege to aircraft of the United States;

(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;

(3) if the Secretary of Transportation authorizes the navigation; and

(4) if the navigation is consistent with terms the Secretary may prescribe.

(b) Requirements for Authorizing Navigation.—The Secretary may authorize navigation under this section only if the Secretary decides the authorization is—

(1) in the public interest; and

(2) consistent with any agreement between the Government and the government of a foreign country.

(c) Providing Air Commerce.—The Secretary may authorize an aircraft permitted to navigate in the United States under this section to provide air commerce in the United States. However, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the United States only if—

(1) specifically authorized under section 40109(g) of this title; or

(2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew.

(d) Permit Requirements Not Affected.—This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier holding a permit under section 41302 does not need to obtain additional authorization under this section for an operation authorized by the permit.

(e) Cargo in Alaska.—

(1) In general.—For the purposes of subsection (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that cargo by any combination of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United States shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska.

(2) Eligible cargo.—For purposes of paragraph (1), the term "eligible cargo" means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried—

(A) under the code of a United States air carrier providing air transportation to Alaska;

(B) on an air carrier way bill of an air carrier providing air transportation to Alaska;

(C) under a term arrangement or block space agreement with an air carrier; or

(D) under the code of a United States air carrier for purposes of transportation within the United States.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, §808, Dec. 12, 2003, 117 Stat. 2588.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41703(a)	49 App.:1508(b) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41703(b)	49 App.:1508(b) (2d sentence).
	49 App.:1551(b)(1)(E).
41703(c)	49 App.:1508(b) (3d sentence).	Aug. 23, 1958, Pub. L. 85–726, §1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, §20, 94 Stat. 43.
	49 App.:1551(b)(1)(E).
41703(d)	49 App.:1508(b) (last sentence).

In subsection (a), the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code. In clause (3), the words "permit, order, or regulation issued" are omitted as surplus. In clause (4), the words "conditions, and limitations" are omitted as being included in "terms".

In subsection (b)(2), the word "agreement" is substituted for "treaty, convention, or agreement" for clarity and consistency in the revised title. The words "which may be in force" are omitted as surplus. The words "or countries" are omitted because of 1:1.

In subsection (c), before clause (1), the word "place" is substituted for "point", and the word "passengers" is substituted for "persons", for consistency in the revised title.

In subsection (d), the word "affect" is substituted for "limit, modify, or amend" to eliminate unnecessary words.

Editorial Notes

Amendments

2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).

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.

§41704. Transporting property not to be transported in aircraft cabins

Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41704	49 App.:1516.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1116; added Aug. 5, 1974, Pub. L. 93–366, §205, 88 Stat. 418.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The words "as may be necessary", "which . . . lawfully", and "by such person" are omitted as surplus. The words "The carrier is liable to pay an amount not more than" are substituted for "shall assume liability . . . within" for clarity. The words "to such person" are omitted as surplus. The words "The carrier may impose" are added for clarity. The words "terms and" are omitted as covered by "conditions".

Statutory Notes and Related Subsidiaries

Refunds for Delayed Baggage

Pub. L. 114–190, title II, §2305, July 15, 2016, 130 Stat. 640, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall issue final regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any ancillary fees paid by the passenger for checked baggage if—

"(1) the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—

"(A) not later than 12 hours after the arrival of a domestic flight; or

"(B) not later than 15 hours after the arrival of an international flight; and

"(2) the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.

"(b) Exception.—If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines specified in subsection (a)(1) for such cases, except that—

"(1) the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and

"(2) the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight."

§41705. Discrimination against individuals with disabilities

(a) In General.—In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, may not discriminate against an otherwise qualified individual on the following grounds:

(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.

(2) the individual has a record of such an impairment.

(3) the individual is regarded as having such an impairment.

(b) Each Act Constitutes Separate Offense.—For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsection (a).

(c) Investigation of Complaints.—

(1) In general.—The Secretary shall—

(A) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and

(B) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—

(i) whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section;

(ii) the facts underlying the complaint; and

(iii) any action the Secretary is taking in response to the complaint.

(2) Publication of data.—The Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data.

(3) Review and report.—The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the results of such review.

(4) Technical assistance.—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall—

(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and

(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §707(a), Apr. 5, 2000, 114 Stat. 158; Pub. L. 108–176, title V, §503(d)(1), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 118–63, title V, §§549, 550(c), May 16, 2024, 138 Stat. 1212.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41705	49 App.:1374(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(c); added Oct. 2, 1986, Pub. L. 99–435, §2(a), 100 Stat. 1080.

In this section, before clause (1), the words "on the following grounds" are substituted for "by reason of such handicap" and "For purposes of paragraph (1) of this subsection the term 'handicapped individual' means any individual who" because of the restatement.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (c)(4), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Amendments

2024—Pub. L. 118–63, §550(c), substituted "individuals with disabilities" for "handicapped individuals" in section catchline.

Subsec. (c)(1). Pub. L. 118–63, §549, added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Secretary shall investigate each complaint of a violation of subsection (a)."

2003—Subsec. (b). Pub. L. 108–176 substituted "section 46301" for "section 46301(a)(3)(E)".

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, substituted "carrier, including (subject to section 40105(b)) any foreign air carrier," for "carrier" in introductory provisions, and added subsecs. (b) and (c).

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.

Regulations Ensuring Assistance for Passengers With Disabilities in Air Transportation

Pub. L. 115–254, div. B, title IV, §440, Oct. 5, 2018, 132 Stat. 3347, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall—

"(1) review, and if necessary revise, applicable regulations to ensure that passengers with disabilities who request assistance while traveling in air transportation receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and

"(2) review, and if necessary revise, applicable regulations related to covered air carrier training programs for air carrier personnel, including contractors, who provide physical assistance to passengers with disabilities to ensure that training under such programs—

"(A) occurs on an annual schedule for all new and continuing personnel charged with providing physical assistance; and

"(B) includes, as appropriate, instruction by personnel, with hands-on training for employees who physically lift or otherwise physically assist passengers with disabilities, including the use of relevant equipment.

"(b) Types of Assistance.—The assistance referred to [in] subsection (a)(1) may include requests for assistance in boarding or deplaning an aircraft, requests for assistance in connecting between flights, and other similar or related requests, as appropriate."

[For definition of "covered air carrier" as used in section 440 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Airline Passengers With Disabilities Bill of Rights

Pub. L. 115–254, div. B, title IV, §434, Oct. 5, 2018, 132 Stat. 3343, which provided that the Secretary of Transportation would develop an Airline Passengers with Disabilities Bill of Rights to describe the basic protections and responsibilities of covered air carriers, their employees and contractors, and people with disabilities under section 41705 of this title, was transferred to this chapter and redesignated as section 41728 of this title by Pub. L. 118–63, title V, §510(b)(1), May 16, 2024, 138 Stat. 1194.

Harmonization of Service Animal Standards

Pub. L. 115–254, div. B, title IV, §437, Oct. 5, 2018, 132 Stat. 3344, provided that:

"(a) Rulemaking.—The Secretary of Transportation shall conduct a rulemaking proceeding—

"(1) to define the term 'service animal' for purposes of air transportation; and

"(2) to develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins.

"(b) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—

"(1) whether to align the definition of 'service animal' with the definition of that term in regulations of the Department of Justice implementing the Americans with Disabilities Act of 1990 (Public Law 101–336) [42 U.S.C. 12101 et seq.];

"(2) reasonable measures to ensure pets are not claimed as service animals, such as—

"(A) whether to require photo identification for a service animal identifying the type of animal, the breed of animal, and the service the animal provides to the passenger;

"(B) whether to require documentation indicating whether or not a service animal was trained by the owner or an approved training organization;

"(C) whether to require, from a licensed physician, documentation indicating the mitigating task or tasks a service animal provides to its owner; and

"(D) whether to allow a passenger to be accompanied by more than 1 service animal;

"(3) reasonable measures to ensure the safety of all passengers, such as—

"(A) whether to require health and vaccination records for a service animal; and

"(B) whether to require third-party proof of behavioral training for a service animal;

"(4) the impact additional requirements on service animals could have on access to air transportation for passengers with disabilities; and

"(5) if impacts on access to air transportation for passengers with disabilities are found, ways to eliminate or mitigate those impacts.

"(c) Final Rule.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section."

Air Carrier Access Act Advisory Committee

Pub. L. 115–254, div. B, title IV, §439, Oct. 5, 2018, 132 Stat. 3345, as amended by Pub. L. 118–15, div. B, title II, §2202(t), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(t), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(t), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title V, §541(a), May 16, 2024, 138 Stat. 1201, provided that:

"(a) Establishment.—The Secretary of Transportation shall establish an advisory committee on issues related to the air travel needs of passengers with disabilities (referred to in this section as the 'Advisory Committee').

"(b) Duties.—The Advisory Committee shall—

"(1) identify and assess the disability-related access barriers encountered by passengers with disabilities;

"(2) determine the extent to which the programs and activities of the Department of Transportation are addressing the barriers identified in paragraph (1);

"(3) recommend consumer protection improvements to the air travel experience of passengers with disabilities;

"(4) advise the Secretary with regard to the implementation of section 41705 of title 49, United States Code; and

"(5) conduct such activities as the Secretary considers necessary to carry out this section.

"(c) Membership.—

"(1) In general.—The Advisory Committee shall be composed of at least 1 representative of each of the following groups:

"(A) Passengers with disabilities.

"(B) National disability organizations.

"(C) Air carriers.

"(D) Airport operators.

"(E) Contractor service providers.

"(F) Aircraft manufacturers.

"(G) Manufacturers of wheelchairs, including powered wheelchairs, and other mobility aids.

"(H) National veterans organizations representing disabled veterans.

"(2) Appointment.—The Secretary of Transportation shall appoint each member of the Advisory Committee.

"(3) Vacancies.—A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made.

"(d) Chairperson.—The Secretary of Transportation shall designate, from among the members appointed under subsection (c), an individual to serve as chairperson of the Advisory Committee.

"(e) Travel Expenses.—Members of the Advisory Committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

"(f) Reports.—

"(1) In general.—Not later than 14 months after the date of establishment of the Advisory Committee, and annually thereafter, the Advisory Committee shall submit to the Secretary of Transportation a report on the needs of passengers with disabilities in air travel, including—

"(A) an assessment of existing disability-related access barriers, and any emerging disability-related access barriers that will likely be an issue in the next 5 calendar years;

"(B) an evaluation of the extent to which the Department of Transportation's programs and activities are eliminating disability-related access barriers;

"(C) a description of the Advisory Committee's actions;

"(D) a description of improvements related to the air travel experience of passengers with disabilities; and

"(E) any recommendations for legislation, administrative action, or other action that the Advisory Committee considers appropriate.

"(2) Report to congress.—Not later than 60 days after the date the Secretary receives the report under paragraph (1), 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, including any additional findings or recommendations that the Secretary considers appropriate.

"(g) Termination.—The Advisory Committee established under this section shall terminate on September 30, 2028.

"(h) Termination of the Next Generation Air Transportation System Senior Policy Committee.—The Next Generation Air Transportation System Senior Policy Committee established by the Secretary of Transportation shall terminate on the date of the initial appointment of the members of the Advisory Committee."

Training Policies Regarding Assistance for Persons With Disabilities

Pub. L. 115–254, div. B, title IV, §433, Oct. 5, 2018, 132 Stat. 3342, provided that: "Following the receipt of the report required under section 2107 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 622) [set out below], the Secretary of Transportation shall develop, if appropriate, specific recommendations regarding improvements to wheelchair assistance provided by air carriers and recommendations on how training programs by air carriers can address consumer complaints regarding wheelchair assistance."

Pub. L. 114–190, title II, §2107, July 15, 2016, 130 Stat. 622, provided that:

"(a) In General.—Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Comptroller General of the United States shall submit to Congress a report assessing required air carrier personnel and contractor training programs regarding the assistance of persons with disabilities, including—

"(1) variations in training programs between air carriers;

"(2) instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a review of the air carrier's training programs; and

"(3) actions taken by air carriers following requests described in paragraph (2).

"(b) Best Practices.—After the date the report is submitted under subsection (a), the Secretary of Transportation, based on the findings of the report, shall develop, make publicly available, and appropriately disseminate to air carriers such best practices as the Secretary considers necessary to improve the reviewed training programs."

Establishment of Higher International Standards

Pub. L. 106–181, title VII, §707(c), Apr. 5, 2000, 114 Stat. 158, provided that: "The Secretary [of Transportation] shall work with appropriate international organizations and the aviation authorities of other nations to bring about the establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with air carriers."

Restrictions on Air Transportation of Peanuts; Scientific Study on Effect of Airborne Particles on Passengers

Pub. L. 106–69, title III, §346, Oct. 9, 1999, 113 Stat. 1023, provided that: "Hereafter, none of the funds made available under this Act or any other Act, may be used to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code, including any regulation contained in part 382 of title 14, Code of Federal Regulations, or any other provision of law (including any Act of Congress, regulation, or Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is defined in section 40102 of title 49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 of title 49, United States Code)—

"(1) provide a peanut-free buffer zone or any other related peanut-restricted area; or

"(2) restrict the distribution of peanuts,

until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft."

Similar provisions were contained in Pub. L. 105–277, div. A, §101(g) [title III, §372], Oct. 21, 1998, 112 Stat. 2681–439, 2681-479.

§41706. Prohibitions against smoking on passenger flights

(a) Smoking Prohibition in Interstate and Intrastate Air Transportation.—An individual may not smoke—

(1) in an aircraft in scheduled passenger interstate or intrastate air transportation; or

(2) in an aircraft in nonscheduled passenger interstate or intrastate air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).

(b) Smoking Prohibition in Foreign Air Transportation.—The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking—

(1) in an aircraft in scheduled passenger foreign air transportation; and

(2) in an aircraft in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).

(c) Limitation on Applicability.—

(1) In general.—If a foreign government objects to the application of subsection (b) on the basis that subsection (b) provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of subsection (b) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition negotiated under paragraph (2) becomes effective and is enforced by the Secretary.

(2) Alternative prohibition.—If, pursuant to paragraph (1), a foreign government objects to the prohibition under subsection (b), the Secretary shall enter into bilateral negotiations with the objecting foreign government to provide for an alternative smoking prohibition.

(d) Electronic Cigarettes.—

(1) Inclusion.—The use of an electronic cigarette shall be treated as smoking for purposes of this section.

(2) Electronic cigarette defined.—In this section, the term "electronic cigarette" means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.

(e) Regulations.—The Secretary shall prescribe such regulations as are necessary to carry out this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §708(a), Apr. 5, 2000, 114 Stat. 159; Pub. L. 112–95, title IV, §401(a), Feb. 14, 2012, 126 Stat. 83; Pub. L. 115–254, div. B, title IV, §409, Oct. 5, 2018, 132 Stat. 3331.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41706	49 App.:1374(d)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(d)(1); added Dec. 22, 1987, Pub. L. 100–202, §328(a), 101 Stat. 1329–382; Nov. 21, 1989, Pub. L. 101–164, §335 (less effective date), 103 Stat. 1098, 1099.
	49 App.:1374 (note).	Nov. 21, 1989, Pub. L. 101–164, §335 (related to effective date), 103 Stat. 1099.

In subsection (a), before clause (1), the words "On and after the date of expiration of the 4-month period following December 22, 1987" are omitted as executed. The words "of an aircraft" are added for clarity. The text of 49 App.:1374 (note) is omitted as executed.

Editorial Notes

Amendments

2018—Subsecs. (d), (e). Pub. L. 115–254 added subsec. (d) and redesignated former subsec. (d) as (e).

2012—Pub. L. 112–95, §401(a)(1), substituted "passenger" for "scheduled" in section catchline.

Subsecs. (a), (b). Pub. L. 112–95, §401(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

"(a) Smoking Prohibition in Intrastate and Interstate Air Transportation.—An individual may not smoke in an aircraft in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.

"(b) Smoking Prohibition in Foreign Air Transportation.—The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking in any aircraft in scheduled passenger foreign air transportation."

2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:

"(a) General.—An individual may not smoke in the passenger cabin or lavatory of an aircraft on a scheduled airline flight segment in air transportation or intrastate air transportation that is—

"(1) between places in a State of the United States, the District of Columbia, Puerto Rico, or the Virgin Islands;

"(2) between a place in any jurisdiction referred to in clause (1) of this subsection (except Alaska and Hawaii) and a place in any other of those jurisdictions; or

"(3)(A) scheduled for not more than 6 hours' duration; and

"(B)(i) between a place referred to in clause (1) of this subsection (except Alaska and Hawaii) and Alaska or Hawaii; or

"(ii) between Alaska and Hawaii.

"(b) Regulations.—The Secretary of Transportation shall prescribe regulations necessary to carry out this section."

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–181, title VII, §708(b), Apr. 5, 2000, 114 Stat. 159, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Apr. 5, 2000]."

§41707. Incorporating contract terms into written instrument

To the extent the Secretary of Transportation prescribes by regulation, an air carrier may incorporate by reference in a ticket or written instrument any term of the contract for providing interstate air transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41707	49 App.:1381(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §411(b); added Oct. 4, 1984, Pub. L. 98–443, §7(a), 98 Stat. 1706.

§41708. Reports

(a) Application.—To the extent the Secretary of Transportation finds necessary to carry out this subpart, this section and section 41709 of this title apply to a person controlling an air carrier or affiliated (within the meaning of section 11343(c) of this title) with a carrier.

(b) Requirements.—The Secretary may require an air carrier or foreign air carrier—

(1)(A) to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and

(B) to file the reports under oath;

(2) to provide specific answers to questions on which the Secretary considers information to be necessary; and

(3) to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to transportation affected by this subpart.

(c) Diverted and Cancelled Flights.—

(1) Monthly reports.—The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.

(2) Applicability.—An air carrier that is required to file a monthly airline service quality performance report pursuant to part 234 of title 14, Code of Federal Regulations, shall be subject to the requirement of paragraph (1).

(3) Contents.—A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:

(A) For a diverted flight—

(i) the flight number of the diverted flight;

(ii) the scheduled destination of the flight;

(iii) the date and time of the flight;

(iv) the airport to which the flight was diverted;

(v) wheels-on time at the diverted airport;

(vi) the time, if any, passengers deplaned the aircraft at the diverted airport; and

(vii) if the flight arrives at the scheduled destination airport—

(I) the gate-departure time at the diverted airport;

(II) the wheels-off time at the diverted airport;

(III) the wheels-on time at the scheduled arrival airport; and

(IV) the gate-arrival time at the scheduled arrival airport.

(B) For flights cancelled after gate departure—

(i) the flight number of the cancelled flight;

(ii) the scheduled origin and destination airports of the cancelled flight;

(iii) the date and time of the cancelled flight;

(iv) the gate-departure time of the cancelled flight; and

(v) the time the aircraft returned to the gate.

(4) Publication.—The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Internet Web site of the Department of Transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 112–95, title IV, §402(a), Feb. 14, 2012, 126 Stat. 83.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41708(a)	49 App.:1377(e) (last sentence).	Aug. 23, 1958, Pub. L. 85–726, §407(e) (last sentence), 72 Stat. 766.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41708(b)	49 App.:1377(a).	Aug. 23, 1958, Pub. L. 85–726, §407(a), 72 Stat. 766; Feb. 15, 1980, Pub. L. 96–192, §10, 94 Stat. 38.
	49 App.:1551(b)(1)(E).

In subsection (a), the word "reasonably" is omitted as surplus. The words "carry out" are substituted for "administration" for consistency in the revised title. The words "section 11343(c) of this title" are substituted for "section 5(8) of the Interstate Commerce Act, as amended" in section 407(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 766), to cite the corresponding section of the revised title and correct the inaccurate reference to the definition of "affiliate".

In subsection (b)(3), the word "copy" is substituted for "true copy" to eliminate an unnecessary word. The word "transportation" is substituted for "traffic" for consistency in the revised title.

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–95 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–95, title IV, §402(b), Feb. 14, 2012, 126 Stat. 84, provided that: "Beginning not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) [amending this section]."

§41709. Records of air carriers

(a) Requirements.—The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including records on the movement of traffic, receipts and expenditures of money, and the time period during which the records shall be kept. A carrier may keep only records prescribed or approved by the Secretary. However, a carrier may keep additional records if the additional records do not impair the integrity of the records prescribed or approved by the Secretary and are not an unreasonable financial burden on the carrier.

(b) Inspection.—(1) The Secretary at any time may—

(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section 41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and

(B) inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.

(2) The Secretary may employ special agents or auditors to carry out this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41709(a)	49 App.:1377(d).	Aug. 23, 1958, Pub. L. 85–726, §407(d), 72 Stat. 766.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41709(b)	49 App.:1377(e) (1st–3d sentences).	Aug. 23, 1958, Pub. L. 85–726, §407(e) (1st–3d sentences), 72 Stat. 766; Jan. 3, 1975, Pub. L. 93–623, §7(b), 88 Stat. 2105; restated Oct. 4, 1984, Pub. L. 98–443, §9(t), 98 Stat. 1708.
	49 App.:1551(b)(1)(E).

In subsection (a), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1)(A) and (B), the word "inspect" is substituted for "have access to" for consistency in the revised title and with other titles of the Code.

In subsection (b)(2), the words "to carry out this subsection" are substituted for "who shall have authority under the orders of the Board to inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this subsection" to eliminate unnecessary words.

§41710. Time requirements

When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and an evidentiary hearing—

(1) is ordered, the Secretary shall make a final decision on the matter not later than the last day of the 12th month that begins after the date the matter is submitted; or

(2) is not ordered, the Secretary shall make a final decision on the matter not later than the last day of the 6th month that begins after the date the matter is submitted.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41710	49 App.:1490.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1010; added Oct. 24, 1978, Pub. L. 95–504, §38(a), 92 Stat. 1743.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the words "matter requiring action of the Secretary" are substituted for "application or other written document" for clarity. The reference to 49 App.:1378 and 1379 is omitted as obsolete because under 49 App.:1551(a)(7), those sections ceased to be in effect on January 1, 1989. The words "on or after the one-hundred-eightieth day after October 24, 1978" are omitted as executed. In clauses (1) and (2), the words "order or" are omitted as surplus.

§41711. Air carrier management inquiry and cooperation with other authorities

In carrying out this subpart, the Secretary of Transportation may—

(1) inquire into the management of the business of an air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common control with the carrier, information the Secretary decides reasonably is necessary to carry out the inquiry;

(2) confer and hold a joint hearing with a State authority; and

(3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of the United States Government.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41711(1)	49 App.:1385.	Aug. 23, 1958, Pub. L. 85–726, §§204(b), (c), 415, 72 Stat. 743, 770.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41711(2)	49 App.:1324(b).
	49 App.:1551(b)(1)(E).
41711(3)	49 App.:1324(c)
	49 App.:1551(b)(1)(E).

In this section, before clause (1), the words "In carrying out" are substituted for "in connection with any matter arising under this chapter within its jurisdiction" and "in the administration and enforcement of this chapter" in 49 App.:1324(b) and "For the purpose of exercising and performing its powers and duties under this chapter" in 49 App.:1385, and added (as the words relate to 49 App.:1324(c)), for clarity and consistency in this section. In clause (1), the words "full and complete reports and other" are omitted as surplus. In clause (2), the words "State aeronautical agency, or other" are omitted as surplus. The text of 49 App.:1324(b) (words after 3d comma) is omitted as surplus because of 49:322(c)(3). In clause (3), the words "government of a foreign country" are substituted for "foreign governments" for consistency in the revised title and with other titles of the United States Code.

§41712. Unfair and deceptive practices and unfair methods of competition

(a) In General.—On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined by the Secretary of Transportation), or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method.

(b) E-Ticket Expiration Notice.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any.

(c) Disclosure Requirement for Sellers of Tickets for Flights.—

(1) In general.—It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket—

(A) the name of the air carrier providing the air transportation; and

(B) if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.

(2) Internet offers.—In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §221, Apr. 5, 2000, 114 Stat. 102; Pub. L. 111–216, title II, §210, Aug. 1, 2010, 124 Stat. 2362; Pub. L. 115–254, div. B, title IV, §419(b), Oct. 5, 2018, 132 Stat. 3336.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41712	49 App.:1381(a).	Aug. 23, 1958, Pub. L. 85–726, §411(a), 72 Stat. 769; Oct. 4, 1984, Pub. L. 98–443, §7(a), 98 Stat. 1706.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The words "such action by" are omitted as surplus. The words "opportunity for a" are added for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 inserted "air ambulance consumer (as defined by the Secretary of Transportation)," after "of an air carrier, foreign air carrier,".

2010—Subsec. (c). Pub. L. 111–216 added subsec. (c).

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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.

§41713. Preemption of authority over prices, routes, and service

(a) Definition.—In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States.

(b) Preemption.—(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.

(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.

(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.

(4) Transportation by air carrier or carrier affiliated with a direct air carrier.—

(A) General rule.—Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement).

(B) Matters not covered.—Subparagraph (A)—

(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and

(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.

(C) Applicability of paragraph (1).—This paragraph shall not limit the applicability of paragraph (1).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, §601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, §2(23), Nov. 20, 1997, 111 Stat. 2205.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41713(a)	49 App.:1305(c), (d) (related to (a), (b)(1), (c)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(2), (b)(1), (c), (d) (related to (a), (b)(1), (c)); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1708.
41713(b)(1)	49 App.:1305(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(1); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1707; Oct. 4, 1984, Pub. L. 98–443, §9(u), 98 Stat. 1709.
41713(b)(2)	49 App.:1305(a)(2).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41713(b)(3)	49 App.:1305(b)(1).
	49 App.:1551(b)(1)(E).

In subsection (a), the words "the term" are omitted as surplus. The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and" are omitted as surplus because of the definition of "territory or possession of the United States" in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obsolete.

In subsection (b)(1) and (3), the words "interstate agency or other" are omitted as surplus. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the word "rule" is omitted as being synonymous with "regulation". The words "standard" and "having authority" are omitted as surplus.

In subsection (b)(2), the words "pursuant to a certificate issued by the Board", "by air of persons, property, or mail", and "the State of" are omitted as surplus.

Pub. L. 105–102

This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803).

Editorial Notes

Amendments

1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted "13102" for "10102".

1994—Subsec. (b)(2). Pub. L. 103–305, §601(b)(2)(A), substituted "Paragraphs (1) and (4) of this subsection do" for "Paragraph (1) of this subsection does".

Subsec. (b)(4). Pub. L. 103–305, §601(b)(1), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.

§41714. Availability of slots

(a) Making Slots Available for Essential Air Service.—

(1) Operational authority.—If basic essential air service under subchapter II of this chapter is to be provided from an eligible point to a high density airport (other than Ronald Reagan Washington National Airport), the Secretary of Transportation shall ensure that the air carrier providing or selected to provide such service has sufficient operational authority at the high density airport to provide such service. The operational authority shall allow flights at reasonable times taking into account the needs of passengers with connecting flights.

(2) Exemptions.—If necessary to carry out the objectives of paragraph (1), the Secretary shall by order grant exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to air carriers using Stage 3 aircraft or to commuter air carriers, unless such an exemption would significantly increase operational delays.

(3) Assurance of access.—If the Secretary finds that an exemption under paragraph (2) would significantly increase operational delays, the Secretary shall take such action as may be necessary to ensure that an air carrier providing or selected to provide basic essential air service is able to obtain access to a high density airport.

(4) Action by the secretary.—The Secretary shall issue a final order under this subsection on or before the 60th day after receiving a request from an air carrier for operational authority under this subsection.

(b) Slots for Foreign Air Transportation.—

(1) Exemptions.—If the Secretary finds it to be in the public interest at a high density airport (other than Ronald Reagan Washington National Airport), the Secretary may grant by order exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable air carriers and foreign air carriers to provide foreign air transportation using Stage 3 aircraft.

(2) Slot withdrawals.—The Secretary may not withdraw a slot at Chicago O'Hare International Airport from an air carrier in order to allocate that slot to a carrier to provide foreign air transportation.

(3) Equivalent rights of access.—The Secretary shall not take a slot at a high density airport from an air carrier and award such slot to a foreign air carrier if the Secretary determines that air carriers are not provided equivalent rights of access to airports in the country of which such foreign air carrier is a citizen.

(4) Conversions of slots.—Effective May 1, 2000, slots at Chicago O'Hare International Airport allocated to an air carrier as of November 1, 1999, to provide foreign air transportation shall be made available to such carrier to provide interstate or intrastate air transportation.

(c) Slots for New Entrants.—If the Secretary finds it to be in the public interest, the Secretary may by order grant exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to enable new entrant air carriers to provide air transportation at high density airports (other than Ronald Reagan Washington National Airport).

(d) Special Rules for Ronald Reagan Washington National Airport.—

(1) In general.—Notwithstanding sections 49104(a)(5) and 49111(e) of this title, or any provision of this section, the Secretary may, only under circumstances determined by the Secretary to be exceptional, grant by order to an air carrier currently holding or operating a slot at Ronald Reagan Washington National Airport an exemption from requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at Ronald Reagan Washington National Airport), to enable that carrier to provide air transportation with Stage 3 aircraft at Ronald Reagan Washington National Airport; except that such exemption shall not—

(A) result in an increase in the total number of slots per day at Ronald Reagan Washington National Airport;

(B) result in an increase in the total number of slots at Ronald Reagan Washington National Airport from 7:00 ante meridiem to 9:59 post meridiem;

(C) increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period by more than 2 operations;

(D) result in the withdrawal or reduction of slots operated by an air carrier;

(E) result in a net increase in noise impact on surrounding communities resulting from changes in timing of operations permitted under this subsection; and

(F) continue in effect on or after the date on which the final rules issued under subsection (f) become effective.

(2) Limitation on applicability.—Nothing in this subsection shall adversely affect Exemption No. 5133, as from time-to-time amended and extended.

(e) Study.—

(1) Matters to be considered.—The Secretary shall continue the Secretary's current examination of slot regulations and shall ensure that the examination includes consideration of—

(A) whether improvements in technology and procedures of the air traffic control system and the use of quieter aircraft make it possible to eliminate the limitations on hourly operations imposed by the high density rule contained in part 93 of title 14 of the Code of Federal Regulations or to increase the number of operations permitted under such rule;

(B) the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:

(i) congestion and delay in any part of the national aviation system;

(ii) the impact of noise on persons living near the airport;

(iii) competition in the air transportation system;

(iv) the profitability of operations of airlines serving the airport; and

(v) aviation safety;

(C) the impact of the current slot allocation process upon the ability of air carriers to provide essential air service under subchapter II of this chapter;

(D) the impact of such allocation process upon the ability of new entrant air carriers to obtain slots in time periods that enable them to provide service;

(E) the impact of such allocation process on the ability of foreign air carriers to obtain slots;

(F) the fairness of such process to air carriers and the extent to which air carriers are provided equivalent rights of access to the air transportation market in the countries of which foreign air carriers holding slots are citizens;

(G) the impact, on the ability of air carriers to provide domestic and international air service, of the withdrawal of slots from air carriers in order to provide slots for foreign air carriers; and

(H) the impact of the prohibition on slot withdrawals in subsections (b)(2) and (b)(3) of this section on the aviation relationship between the United States Government and foreign governments, including whether the prohibition in such subsections will require the withdrawal of slots from general and military aviation in order to meet the needs of air carriers and foreign air carriers providing foreign air transportation (and the impact of such withdrawal on general aviation and military aviation) and whether slots will become available to meet the needs of air carriers and foreign air carriers to provide foreign air transportation as a result of the planned relocation of Air Force Reserve units and the Air National Guard at O'Hare International Airport.

(2) Report.—Not later than January 31, 1995, the Secretary shall complete the current examination of slot regulations and 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 containing the results of such examination.

(f) Rulemaking.—The Secretary shall conduct a rulemaking proceeding based on the results of the study described in subsection (e). In the course of such proceeding, the Secretary shall issue a notice of proposed rulemaking not later than August 1, 1995, and shall issue a final rule not later than 90 days after public comments are due on the notice of proposed rulemaking.

(g) Weekend Operations.—The Secretary shall consider the advisability of revising section 93.227 of title 14, Code of Federal Regulations, so as to eliminate weekend schedules from the determination of whether the 80 percent standard of subsection (a)(1) of that section has been met.

(h) Definitions.—In this section and sections 41715–41718 and 41734(h), the following definitions apply:

(1) Commuter air carrier.—The term "commuter air carrier" means a commuter operator as defined or applied in subpart K or S of part 93 of title 14, Code of Federal Regulations.

(2) High density airport.—The term "high density airport" means an airport at which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft.

(3) New entrant air carrier.—The term "new entrant air carrier" means an air carrier that does not hold a slot at the airport concerned and has never sold or given up a slot at that airport after December 16, 1985, and a limited incumbent carrier.

(4) Slot.—The term "slot" means a reservation for an instrument flight rule takeoff or landing by an air carrier of an aircraft in air transportation.

(5) Limited incumbent air carrier.—The term "limited incumbent air carrier" has the meaning given that term in subpart S of part 93 of title 14, Code of Federal Regulations; except that—

(A) "40" shall be substituted for "12" in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h);

(B) for purposes of such sections, the term "slot" shall not include—

(i) "slot exemptions";

(ii) slots operated by an air carrier under a fee-for-service arrangement for another air carrier, if the air carrier operating such slots does not sell flights in its own name, and is under common ownership with an air carrier that seeks to qualify as a limited incumbent and that sells flights in its own name; or

(iii) slots held under a sale and license-back financing arrangement with another air carrier, where the slots are under the marketing control of the other air carrier; and

(C) for Ronald Reagan Washington National Airport, the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an air carrier but leased out on a long-term basis by that carrier for use in foreign air transportation and renounced by the carrier for return to the Department of Transportation or the Federal Aviation Administration.

(6) Regional jet.—The term "regional jet" means a passenger, turbofan-powered aircraft with a certificated maximum passenger seating capacity of less than 71.

(7) Nonhub airport.—The term "nonhub airport" means an airport that had less than .05 percent of the total annual boardings in the United States as determined under the Federal Aviation Administration's Primary Airport Enplanement Activity Summary for Calendar Year 1997.

(8) Small hub airport.—The term "small hub airport" means an airport that had at least .05 percent, but less than .25 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7).

(9) Medium hub airport.—The term "medium hub airport" means an airport that each year has at least .25 percent, but less than 1.0 percent, of the total annual boardings in the United States as determined under the summary referred to in paragraph (7).

(i) 60-Day Application Process.—

(1) Request for slot exemptions.—Any slot exemption request filed with the Secretary under this section or section 41716 or 41717 (other than subsection (c)) shall include—

(A) the names of the airports to be served;

(B) the times requested; and

(C) such additional information as the Secretary may require.

(2) Action on request; failure to act.—Within 60 days after a slot exemption request under this section or section 41716 or 41717 (other than subsection (c)) is received by the Secretary, the Secretary shall—

(A) approve the request if the Secretary determines that the requirements of the section under which the request is made are met;

(B) return the request to the applicant for additional information relating to the request to provide air transportation; or

(C) deny the request and state the reasons for its denial.

(3) 60-day period tolled for timely request for more information.—If the Secretary returns under paragraph (2)(B) the request for additional information during the first 20 days after the request is filed, then the 60-day period under paragraph (2) shall be tolled until the date on which the additional information is filed with the Secretary.

(4) Failure to determine deemed approval.—If the Secretary neither approves the request under paragraph (2)(A) nor denies the request under paragraph (2)(C) within the 60-day period beginning on the date the request is received, excepting any days during which the 60-day period is tolled under paragraph (3), then the request is deemed to have been approved on the 61st day, after the request was filed with the Secretary.

(j) Exemptions May Not Be Transferred.—No exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, granted under this section or section 41716, 41717, or 41718 may be bought, sold, leased, or otherwise transferred by the carrier to which it is granted, except through an air carrier merger or acquisition.

(k) Affiliated Carriers.—For purposes of this section and sections 41716, 41717, and 41718, an air carrier that operates under the same designator code, or has or enters into a code-share agreement, with any other air carrier shall not qualify for a new slot or slot exemption as a new entrant or limited incumbent air carrier at an airport if the total number of slots and slot exemptions held by the two carriers at the airport exceed 20 slots and slot exemptions.

(Added Pub. L. 103–305, title II, §206(a)(1), Aug. 23, 1994, 108 Stat. 1584; amended Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–66, title III, §345, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 105–102, §2(24), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–154, §2(a)(1)(C), (2), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II, §231(a), (d)(2)–(4), Apr. 5, 2000, 114 Stat. 106, 112; Pub. L. 112–95, title IV, §414(c), (d), Feb. 14, 2012, 126 Stat. 92.)

Historical and Revision Notes

Pub. L. 105–102

This amends 49:41714(d)(1) to make a conforming cross-reference necessary because of the restatement of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–373, Public Law 99–591, 100 Stat. 3341–376) by section 2(26) of this Act as chapter 491 of title 49.

Editorial Notes

Amendments

2012—Subsec. (h)(5)(A). Pub. L. 112–95, §414(c)(1), substituted "40" for "20".

Subsec. (h)(5)(B). Pub. L. 112–95, §414(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "for purposes of such sections, the term 'slot' shall include 'slot exemptions'; and".

Subsec. (j). Pub. L. 112–95, §414(d), substituted ", except through an air carrier merger or acquisition." for period at end.

2000—Subsec. (a)(3). Pub. L. 106–181, §231(d)(2), struck out before period at end "; except that the Secretary shall not be required to make slots available at O'Hare International Airport in Chicago, Illinois, if the number of slots available for basic essential air service (including slots specifically designated as essential air service slots and slots used for such purposes) to and from such airport is at least 132 slots".

Subsec. (b)(2). Pub. L. 106–181, §231(d)(3), inserted "at Chicago O'Hare International Airport" after "a slot" and struck out before period at end "if the withdrawal of that slot would result in the withdrawal of slots from an air carrier at O'Hare International Airport under section 93.223 of title 14, Code of Federal Regulations, in excess of the total withdrawn from that air carrier as of October 31, 1993".

Subsec. (b)(4). Pub. L. 106–181, §231(d)(4), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: "This subsection and exemptions issued under this subsection shall cease to be in effect when the final rules issued under subsection (f) become effective."

Subsec. (c). Pub. L. 106–181, §231(a)(4), reenacted subsec. heading and struck out "(1) In general.—" before "If the Secretary finds", "and the circumstances to be exceptional" before ", the Secretary may by", and par. (2) heading and text. Text of par. (2) read as follows: "Exemptions issued under this subsection shall cease to be in effect on or after the date on which the final rules issued under subsection (f) become effective."

Subsec. (h). Pub. L. 106–181, §231(a)(5)(A), in introductory provisions, substituted "and sections 41715–41718 and 41734(h)" for "and section 41734(h)".

Subsec. (h)(3). Pub. L. 106–181, §231(a)(5)(B), struck out "as defined in subpart S of part 93 of title 14, Code of Federal Regulations" before period at end.

Subsec. (h)(5) to (9). Pub. L. 106–181, §231(a)(5)(C), added pars. (5) to (9).

Subsec. (i). Pub. L. 106–181, §231(a)(1), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: "Within 120 days after receiving an application for an exemption under subsection (a)(2) to improve air service between a nonhub airport (as defined in section 41731(a)(4)) and a high density airport subject to the exemption authority under subsection (a), the Secretary shall grant or deny the exemption. The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure of the grant or denial within 14 calendar days after the determination and state the reasons for the determination."

Subsecs. (j), (k). Pub. L. 106–181, §231(a)(2), (3), added subsecs. (j) and (k).

1998—Subsecs. (a)(1), (b)(1), (c)(1), (d). Pub. L. 105–154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport" wherever appearing in text and in subsec. (d) heading.

1997—Subsec. (d)(1). Pub. L. 105–102 substituted "sections 49104(a)(5) and 49111(e) of this title" for "sections 6005(c)(5) and 6009(e) of the Metropolitan Washington Airports Act of 1986".

Subsec. (i). Pub. L. 105–66 added subsec. (i).

1996—Subsec. (e)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

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.

Return of Withdrawn Slots

Pub. L. 106–181, title II, §231(d)(5), Apr. 5, 2000, 114 Stat. 112, provided that: "The Secretary [of Transportation] shall return any slot withdrawn from an air carrier under section 41714(b) of title 49, United States Code, before the date of the enactment of this Act [Apr. 5, 2000], to that carrier on April 30, 2000."

§41715. Phase-out of slot rules at certain airports

(a) Termination.—The rules contained in subparts S and K of part 93, title 14, Code of Federal Regulations, shall not apply—

(1) after July 1, 2002, at Chicago O'Hare International Airport; and

(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.

(b) Statutory Construction.—Nothing in this section and sections 41714 and 41716–41718 shall be construed—

(1) as affecting the Federal Aviation Administration's authority for safety and the movement of air traffic; and

(2) as affecting any other authority of the Secretary to grant exemptions under section 41714.

(c) Factors To Consider.—

(1) In general.—Before the award of slot exemptions under sections 41714 and 41716–41718, the Secretary of Transportation may consider, among other determining factors, whether the petitioning air carrier's proposal provides the maximum benefit to the United States economy, including the number of United States jobs created by the air carrier, its suppliers, and related activities. The Secretary should give equal consideration to the consumer benefits associated with the award of such exemptions.

(2) Applicability.—Paragraph (1) does not apply in any case in which the air carrier requesting the slot exemption is proposing to use under the exemption a type of aircraft for which there is not a competing United States manufacturer.

(Added Pub. L. 106–181, title II, §231(b)(2), Apr. 5, 2000, 114 Stat. 108.)

Editorial Notes

Prior Provisions

A prior section 41715 was renumbered section 41719 of this title.

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.

§41716. Interim slot rules at New York airports

(a) Exemptions for Air Service to Small and Nonhub Airports.—Subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between LaGuardia Airport or John F. Kennedy International Airport and a small hub airport or nonhub airport—

(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;

(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or

(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.

(b) Exemptions for New Entrant and Limited Incumbent Air Carriers.—Subject to section 41714(i), the Secretary shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John F. Kennedy International Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added to the slots and slot exemptions held by such air carrier with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport.

(c) Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).

(d) Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation for that route before July 1, 2003, unless—

(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or

(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice.

(Added Pub. L. 106–181, title II, §231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, §199, Dec. 8, 2004, 118 Stat. 3235.)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Prior Provisions

A prior section 41716 was renumbered section 41720 of this title.

Amendments

2004—Subsec. (b). Pub. L. 108–447 inserted before period at end "; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport".

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.

§41717. Interim application of slot rules at Chicago O'Hare International Airport

(a) Slot Operating Window Narrowed.—Effective July 1, 2001, the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O'Hare International Airport.

(b) Exemptions for Air Service to Small and Nonhub Airports.—Effective May 1, 2000, subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago O'Hare International Airport and a small hub or nonhub airport—

(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;

(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or

(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.

(c) Exemptions for New Entrant and Limited Incumbent Air Carriers.—

(1) In general.—The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O'Hare International Airport.

(2) Deadline for granting exemptions.—The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.

(d) Slots Used To Provide Turboprop Service.—

(1) In general.—Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.

(2) Two-for-one exception.—An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.

(3) Withdrawal of slot.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).

(4) Continuation.—If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).

(e) International Service at O'Hare Airport.—

(1) Termination of requirements.—Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O'Hare International Airport after May 1, 2000, with respect to any aircraft providing foreign air transportation.

(2) Exception relating to reciprocity.—The Secretary may limit access to Chicago O'Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.

(f) Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).

(g) Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from Chicago O'Hare International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport unless—

(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or

(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during the calendar quarters immediately preceding submission of the notice.

(Added Pub. L. 106–181, title II, §231(d)(1), Apr. 5, 2000, 114 Stat. 110.)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (g), 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.

§41718. Special rules for Ronald Reagan Washington National Airport

(a) Beyond-Perimeter Exemptions.—The Secretary shall grant, by order, 24 exemptions from the application of sections 49104(a)(5), 49109, 49111(e), and 41714 of this title to air carriers to operate limited frequencies and aircraft on select routes between Ronald Reagan Washington National Airport and domestic hub airports and exemptions from the requirements of subparts K and S of part 93, Code of Federal Regulations, if the Secretary finds that the exemptions will—

(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;

(2) increase competition by new entrant air carriers or in multiple markets;

(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and

(4) not result in meaningfully increased travel delays.

(b) Within-Perimeter Exemptions.—The Secretary shall grant, by order, 20 exemptions from the requirements of sections 49104(a)(5), 49111(e), and 41714 of this title and subparts K and S of part 93 of title 14, Code of Federal Regulations, to air carriers for providing air transportation to airports within the perimeter established for civil aircraft operations at Ronald Reagan Washington National Airport under section 49109. The Secretary shall develop criteria for distributing slot exemptions for flights within the perimeter to such airports under this paragraph in a manner that promotes air transportation—

(1) by new entrant air carriers and limited incumbent air carriers;

(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;

(3) to small communities;

(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or

(5) that will produce the maximum competitive benefits, including low fares.

(c) Limitations.—

(1) Stage 3 aircraft required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).

(2) General exemptions.—

(A) Hourly limitation.—The exemptions granted—

(i) under subsections (a), (b), and (i) and departures authorized under subsection (g)(2) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m.; and

(ii) under subsections (a), (b), (g), and (i) may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 5 operations.

(B) Use of existing slots.—A non-limited incumbent air carrier utilizing an exemption authorized under subsection (g)(3) for an arrival permitted between the hours of 10:01 p.m. and 11:00 p.m. under this section shall discontinue use of an existing slot during the same time period the arrival exemption is operated.

(3) Allocation of within-perimeter exemptions.—Of the exemptions granted under subsection (b)—

(A) without regard to the criteria contained in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub airports;

(B) ten shall be for air transportation to medium hub and smaller airports; and

(C) four shall be for air transportation to airports without regard to their size.

(4) Applicability to exemption no. 5133.—Nothing in this section affects Exemption No. 5133, as from time-to-time amended and extended.

(d) Application Procedures.—The Secretary shall establish procedures to ensure that all requests for exemptions under this section are granted or denied within 90 days after the date on which the request is made.

(e) Applicability of Certain Laws.—Neither the request for, nor the granting of an exemption, under this section shall be considered for purposes of any Federal law a major Federal action significantly affecting the quality of the human environment.

(f) Commuters Defined.—For purposes of aircraft operations at Ronald Reagan Washington National Airport under subpart K of part 93 of title 14, Code of Federal Regulations, the term "commuters" means aircraft operations using aircraft having a certificated maximum seating capacity of 76 or less.

(g) Additional Slot Exemptions.—

(1) Increase in slot exemptions.—Not later than 90 days after the date of enactment of the FAA Modernization and Reform Act of 2012, the Secretary shall grant, by order 16 exemptions from—

(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and airports located beyond the perimeter described in section 49109; and

(B) the requirements of subparts K and S of part 93, Code of Federal Regulations.

(2) New entrants and limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to limited incumbent air carriers or new entrant air carriers (as such terms are defined in section 41714(h)). Such exemptions shall be allocated pursuant to the application process established by the Secretary under subsection (d). The Secretary shall consider the extent to which the exemptions will—

(A) provide air transportation with domestic network benefits in areas beyond the perimeter described in section 49109;

(B) increase competition in multiple markets;

(C) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109;

(D) not result in meaningfully increased travel delays;

(E) enhance options for nonstop travel to and from the beyond-perimeter airports that will be served as a result of those exemptions;

(F) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions; or

(G) produce public benefits, including the likelihood that the service to airports located beyond the perimeter described in section 49109 will result in lower fares, higher capacity, and a variety of service options.

(3) Improved network slots.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Modernization and Reform Act of 2012. Each such non-limited incumbent air carrier—

(A) may operate up to a maximum of 2 of the newly authorized slot exemptions;

(B) prior to exercising an exemption made available under paragraph (1), shall discontinue the use of a slot for service between Ronald Reagan Washington National Airport and a large hub airport within the perimeter as described in section 49109, and operate, in place of such service, service between Ronald Reagan Washington National Airport and an airport located beyond the perimeter described in section 49109;

(C) shall be entitled to return of the slot by the Secretary if use of the exemption made available to the carrier under paragraph (1) is discontinued;

(D) shall have sole discretion concerning the use of an exemption made available under paragraph (1), including the initial or any subsequent beyond perimeter destinations to be served; and

(E) shall file a notice of intent with the Secretary and subsequent notices of intent, when appropriate, to inform the Secretary of any change in circumstances concerning the use of any exemption made available under paragraph (1).

(4) Notices of intent.—Notices of intent under paragraph (3)(E) shall specify the beyond perimeter destination to be served and the slots the carrier shall discontinue using to serve a large hub airport located within the perimeter.

(5) Conditions.—Beyond-perimeter flight operations carried out by an air carrier using an exemption granted under this subsection shall be subject to the following conditions:

(A) An air carrier may not operate a multi-aisle or widebody aircraft in conducting such operations.

(B) An air carrier granted an exemption under this subsection is prohibited from transferring the rights to its beyond-perimeter exemptions pursuant to section 41714(j).

(h) Scheduling Priority.—In administering this section, the Secretary shall—

(1) afford a scheduling priority to operations conducted by new entrant air carriers and limited incumbent air carriers over operations conducted by other air carriers granted additional slot exemptions under subsection (g) for service to airports located beyond the perimeter described in section 49109;

(2) afford a scheduling priority to slot exemptions currently held by new entrant air carriers and limited incumbent air carriers for service to airports located beyond the perimeter described in section 49109, to the extent necessary to protect viability of such service; and

(3) consider applications from foreign air carriers that are certificated by the government of Canada if such consideration is required by the bilateral aviation agreement between the United States and Canada and so long as the conditions and limitations under this section apply to such foreign air carriers.

(i) Additional Slot Exemptions.—

(1) Increase in slot exemptions.—Not later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024, the Secretary shall grant, by order, 10 exemptions from—

(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and

(B) the requirements of subparts K, S, and T of part 93 of title 14, Code of Federal Regulations.

(2) Non-limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.

(3) Limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.

(4) Allocation procedures.—The Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following:

(A) Limitations.—Each air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions.

(B) Criteria.—The Secretary shall consider the extent to which the exemptions will—

(i) enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024; or

(ii) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions.

(5) Prohibition.—

(A) In general.—The Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection.

(B) Rule of construction.—Subparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is—

(i) authorized by the Metropolitan Washington Airports Regulations;

(ii) agreed to in writing by the air carrier; or

(iii) charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection.

(Added Pub. L. 106–181, title II, §231(e)(1), Apr. 5, 2000, 114 Stat. 112; amended Pub. L. 108–176, title IV, §§425, 426(a), Dec. 12, 2003, 117 Stat. 2555; Pub. L. 112–95, title IV, §414(a), (b), Feb. 14, 2012, 126 Stat. 90, 92; Pub. L. 118–63, title V, §502(a), (b), May 16, 2024, 138 Stat. 1187, 1188.)

Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (g)(1), (3), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (i)(1) to (3), (4)(B)(i), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Subsec. (c)(2)(A)(i). Pub. L. 118–63, §502(b)(1), substituted ", (b), and (i)" for "and (b)".

Subsec. (c)(2)(A)(ii). Pub. L. 118–63, §502(b)(2), substituted "(g), and (i)" for "and (g)".

Subsec. (i). Pub. L. 118–63, §502(a), added subsec. (i).

2012—Subsec. (c)(2). Pub. L. 112–95, §414(b), amended par. (2) generally. Prior to amendment, text read as follows: "The exemptions granted under subsections (a) and (b) may not be for operations between the hours of 10:00 p.m. and 7:00 a.m. and may not increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period during the hours between 7:00 a.m. and 9:59 p.m. by more than 3 operations."

Subsecs. (g), (h). Pub. L. 112–95, §414(a), added subsecs. (g) and (h).

2003—Subsec. (a). Pub. L. 108–176, §425(a), substituted "24 exemptions" for "12 exemptions" in introductory provisions.

Subsec. (b). Pub. L. 108–176, §425(b), in introductory provisions, substituted "20 exemptions" for "12 exemptions" and struck out "that were designated as medium hub or smaller airports" before "within the perimeter established".

Subsec. (c)(2). Pub. L. 108–176, §425(c)(1), substituted "3 operations" for "two operations".

Subsec. (c)(3)(A). Pub. L. 108–176, §425(c)(2)(A), substituted "without regard to the criteria contained in subsection (b)(1), six" for "four" and struck out "and" at end.

Subsec. (c)(3)(B). Pub. L. 108–176, §425(c)(2)(B), substituted "ten" for "eight" and "; and" for period at end.

Subsec. (c)(3)(C). Pub. L. 108–176, §425(c)(2)(C), added subpar. (C).

Subsec. (d). Pub. L. 108–176, §425(d), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

"(1) Deadline for submission.—All requests for exemptions under this section must be submitted to the Secretary not later than the 30th day following the date of the enactment of this subsection.

"(2) Deadline for comments.—All comments with respect to any request for an exemption under this section must be submitted to the Secretary not later than the 45th day following the date of the enactment of this subsection.

"(3) Deadline for final decision.—Not later than the 90th day following the date of the enactment of this Act, the Secretary shall make a decision regarding whether to approve or deny any request that is submitted to the Secretary in accordance with paragraph (1)."

Subsec. (f). Pub. L. 108–176, §426(a), added subsec. (f).

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

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.

Regulations

Pub. L. 108–176, title IV, §426(b), Dec. 12, 2003, 117 Stat. 2556, provided that: "The Administrator of the Federal Aviation Administration shall revise regulations to take into account the amendment made by subsection (a) [amending this section]."

Construction of 2024 Amendment: Preservation of Existing Within Perimeter Service

Pub. L. 118–63, title V, §502(c), May 16, 2024, 138 Stat. 1188, provided that: "Nothing in this section [amending this section], or the amendments made by this section, shall be construed as authorizing the conversion of a within-perimeter exemption or slot at Ronald Reagan Washington National Airport that is in effect on the date of enactment of this Act [May 16, 2024] to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code."

General Aviation Flights at Ronald Reagan Washington National Airport

Pub. L. 108–176, title VIII, §823, Dec. 12, 2003, 117 Stat. 2595, provided that:

"(a) Security Plan.—The Secretary of Homeland Security shall develop and implement a security plan to permit general aviation aircraft to land and take off at Ronald Reagan Washington National Airport.

"(b) Landings and Takeoffs.—The Administrator of the Federal Aviation Administration shall allow general aviation aircraft that comply with the requirements of the security plan to land and take off at the Airport except during any period that the President suspends the plan developed under subsection (a) due to national security concerns.

"(c) Report.—If the President suspends the security plan developed under subsection (a), the President shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the reasons for the suspension not later than 30 days following the first day of the suspension. The report may be submitted in classified form."

§41719. Air service termination notice

(a) In General.—An air carrier may not terminate interstate air transportation from a nonhub airport included on the Secretary of Transportation's latest published list of such airports, unless such air carrier has given the Secretary at least 45 days' notice before such termination.

(b) Exceptions.—The requirements of subsection (a) shall not apply when—

(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related emergencies, and strikes;

(2) the termination of transportation is made for seasonal purposes only;

(3) the carrier involved has operated at the affected nonhub airport for 180 days or less;

(4) the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or

(5) the carrier involved makes alternative arrangements, such as a change of aircraft size, or other types of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport.

(c) Waivers for Regional/Commuter Carriers.—Before January 1, 1995, the Secretary shall establish terms and conditions under which regional/commuter carriers can be excluded from the termination notice requirement.

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

(1) Part 121 air carrier.—The term "part 121 air carrier" means an air carrier to which part 121 of title 14, Code of Federal Regulations, applies.

(2) Part 135 air carrier.—The term "part 135 air carrier" means an air carrier to which part 135 of title 14, Code of Federal Regulations, applies.

(3) Regional/commuter carriers.—The term "regional/commuter carrier" means—

(A) a part 135 air carrier; or

(B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.

(4) Termination.—The term "termination" means the cessation of all service at an airport by an air carrier.

(Added Pub. L. 103–305, title II, §207(a), Aug. 23, 1994, 108 Stat. 1587, §41715; amended Pub. L. 103–429, §6(53), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, §5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered §41719, Pub. L. 106–181, title II, §231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L. 108–176, title II, §225(b)(1), Dec. 12, 2003, 117 Stat. 2528.)

Historical and Revision Notes

This amends 49:41715(a) to conform to the style of title 49.

Editorial Notes

Amendments

2003—Subsec. (d). Pub. L. 108–176 redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which defined "nonhub airport".

2000—Pub. L. 106–181 renumbered section 41715 of this title as this section.

1996—Subsec. (a). Pub. L. 104–287 substituted "Secretary of Transportation's" for "Secretary's".

1994—Subsec. (d)(1). Pub. L. 103–429 substituted "41731(a)(4)" for "41731(a)(3)".

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

Pub. L. 103–305, title II, §207(d), Aug. 23, 1994, 108 Stat. 1588, provided that: "The amendments made by this section [enacting this section and amending section 46301 of this title] shall take effect on February 1, 1995."

§41720. Joint venture agreements

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

(1) Joint venture agreement.—The term "joint venture agreement" means an agreement between two or more major air carriers on or after January 1, 1998, with regard to (A) code-sharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal Regulations) of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or (B) any other cooperative working arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by the major air carriers.

(2) Major air carrier.—The term "major air carrier" means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier Group III under criteria contained in section 04 of part 241 of title 14, Code of Federal Regulations.

(b) Submission of Joint Venture Agreement.—At least 30 days before a joint venture agreement may take effect, each of the major air carriers that entered into the agreement shall submit to the Secretary—

(1) a complete copy of the joint venture agreement and all related agreements; and

(2) other information and documentary material that the Secretary may require by regulation.

(c) Extension of Waiting Period.—

(1) In general.—The Secretary may extend the 30-day period referred to in subsection (b) until—

(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and

(B) in the case of any other joint venture agreement, the 60th day following the last day of such period.

(2) Publication of reasons for extension.—If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall publish in the Federal Register the Secretary's reasons for making the extension.

(d) Termination of Waiting Period.—At any time after the date of submission of a joint venture agreement under subsection (b), the Secretary may terminate the waiting periods referred to in subsections (b) and (c) with respect to the agreement.

(e) Regulations.—The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary to issue regulations to carry out this section.

(f) Memorandum To Prevent Duplicative Reviews.—Promptly after the date of enactment of this section, the Secretary shall consult with the Assistant Attorney General of the Antitrust Division of the Department of Justice in order to establish, through a written memorandum of understanding, preclearance procedures to prevent unnecessary duplication of effort by the Secretary and the Assistant Attorney General under this section and the antitrust laws of the United States, respectively.

(g) Prior Agreements.—With respect to a joint venture agreement entered into before the date of enactment of this section as to which the Secretary finds that—

(1) the parties submitted the agreement to the Secretary before such date of enactment; and

(2) the parties submitted all information on the agreement requested by the Secretary,

the waiting period described in paragraphs (2) and (3) shall begin on the date, as determined by the Secretary, on which all such information was submitted and end on the last day to which the period could be extended under this section.

(h) Limitation on Statutory Construction.—The authority granted to the Secretary under this section shall not in any way limit the authority of the Attorney General to enforce the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).

(Added Pub. L. 105–277, div. C, title I, §110(f)(1), Oct. 21, 1998, 112 Stat. 2681–588, §41716; renumbered §41720 and amended Pub. L. 106–181, title II, §231(b)(1), title VII, §709, Apr. 5, 2000, 114 Stat. 108, 159.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsecs. (f) and (g), is the date of enactment of Pub. L. 105–277, which was approved Oct. 21, 1998.

Codification

Pub. L. 105–277, §110(f)(1), which directed amendment of subchapter I of chapter 417 by adding this section at the end, without specifying a Code title or Act, was executed by adding this section at the end of this subchapter to reflect the probable intent of Congress.

Amendments

2000—Pub. L. 106–181, §231(b)(1), renumbered section 41716 of this title as this section.

Subsec. (a)(1). Pub. L. 106–181, §709, substituted "an agreement between two or more major air carriers" for "an agreement entered into by a major air carrier".

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.

§41721. Reports by carriers on incidents involving animals during air transport

(a) In General.—An air carrier that provides scheduled passenger air transportation shall submit monthly to the Secretary a report on any incidents involving the loss, injury, or death of an animal (as defined by the Secretary of Transportation) during air transport provided by the air carrier. The report shall be in such form and contain such information as the Secretary determines appropriate.

(b) Training of Air Carrier Employees.—The Secretary shall work with air carriers to improve the training of employees with respect to the air transport of animals and the notification of passengers of the conditions under which the air transport of animals is conducted.

(c) Sharing of Information.—The Secretary and the Secretary of Agriculture shall enter into a memorandum of understanding to ensure the sharing of information that the Secretary receives under subsection (a).

(d) Publication of Data.—The Secretary shall publish data on incidents and complaints involving the loss, injury, or death of an animal during air transport in a manner comparable to other consumer complaint and incident data.

(e) Air Transport.—For purposes of this section, the air transport of an animal includes the entire period during which an animal is in the custody of an air carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal.

(Added Pub. L. 106–181, title VII, §710(a), Apr. 5, 2000, 114 Stat. 159.)

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.

§41722. Delay reduction actions

(a) Scheduling Reduction Meetings.—The Secretary of Transportation may request that air carriers meet with the Administrator of the Federal Aviation Administration to discuss flight reductions at severely congested airports to reduce overscheduling and flight delays during hours of peak operation if—

(1) the Administrator determines that it is necessary to convene such a meeting; and

(2) the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public benefit.

(b) Meeting Conditions.—Any meeting under subsection (a)—

(1) shall be chaired by the Administrator;

(2) shall be open to all scheduled air carriers; and

(3) shall be limited to discussions involving the airports and time periods described in the Administrator's determination.

(c) Flight Reduction Targets.—Before any such meeting is held, the Administrator shall establish flight reduction targets for the meeting and notify the attending air carriers of those targets not less than 48 hours before the meeting.

(d) Delay Reduction Offers.—An air carrier attending the meeting shall make any offer to meet a flight reduction target to the Administrator rather than to another carrier.

(e) Transcript.—The Administrator shall ensure that a transcript of the meeting is kept and made available to the public not later than 3 business days after the conclusion of the meeting.

(Added Pub. L. 108–176, title IV, §422(a), Dec. 12, 2003, 117 Stat. 2552.)

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.

Schedule Reduction

Pub. L. 112–95, title IV, §413, Feb. 14, 2012, 126 Stat. 89, provided that:

"(a) In General.—If the Administrator of the Federal Aviation Administration determines that—

"(1) the aircraft operations of air carriers during any hour at an airport exceed the hourly maximum departure and arrival rate established by the Administrator for such operations; and

"(2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the safe and efficient use of navigable airspace,

the Administrator shall convene a meeting of such carriers to reduce pursuant to section 41722 of title 49, United States Code, on a voluntary basis, the number of such operations so as not to exceed the maximum departure and arrival rate.

"(b) No Agreement.—If the air carriers participating in a meeting with respect to an airport under subsection (a) are not able to agree to a reduction in the number of flights to and from the airport so as not to exceed the maximum departure and arrival rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented.

"(c) Subsequent Schedule Increases.—Subsequent to any reduction in operations under subsection (a) or (b) at an airport, if the Administrator determines that the hourly number of aircraft operations at that airport is less than the amount that can be handled safely and efficiently, the Administrator shall ensure that priority is given to United States air carriers in permitting additional aircraft operations with respect to that hour."

§41723. Notice concerning aircraft assembly

The Secretary of Transportation shall require, beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier using an aircraft to provide scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that informs the passengers of the nation in which the aircraft was finally assembled.

(Added Pub. L. 108–176, title VIII, §810(a), Dec. 12, 2003, 117 Stat. 2590.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

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.

§41724. Musical instruments

(a) In General.—

(1) Small instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a violin, guitar, or other musical instrument in the aircraft cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, if—

(A) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator; and

(B) there is space for such stowage at the time the passenger boards the aircraft.

(2) Larger instruments as carry-on baggage.—An air carrier providing air transportation shall permit a passenger to carry a musical instrument that is too large to meet the requirements of paragraph (1) in the aircraft cabin, without charging the passenger a fee in addition to the cost of the additional ticket described in subparagraph (E), if—

(A) the instrument is contained in a case or covered so as to avoid injury to other passengers;

(B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft;

(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator;

(D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin because of a law or regulation of the United States; and

(E) the passenger wishing to carry the instrument in the aircraft cabin has purchased an additional seat to accommodate the instrument.

(3) Large instruments as checked baggage.—An air carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin if—

(A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft;

(B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and

(C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the Administrator.

(b) Regulations.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out subsection (a).

(c) Effective Date.—The requirements of this section shall become effective on the date of issuance of the final regulations under subsection (b).

(Added Pub. L. 112–95, title IV, §403(a), Feb. 14, 2012, 126 Stat. 84.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Final regulations, referred to in subsecs. (b) and (c), were issued Dec. 29, 2014, effective Mar. 6, 2015. See 80 F.R. 161.

§41725. Prohibition on certain cell phone voice communications

(a) Prohibition.—The Secretary of Transportation shall issue regulations—

(1) to prohibit an individual on an aircraft from engaging in voice communications using a mobile communications device during a flight of that aircraft in scheduled passenger interstate or intrastate air transportation; and

(2) that exempt from the prohibition described in paragraph (1) any—

(A) member of the flight crew on duty on an aircraft;

(B) flight attendant on duty on an aircraft; and

(C) Federal law enforcement officer acting in an official capacity.

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

(1) Flight.—The term "flight" means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands.

(2) Mobile communications device.—

(A) In general.—The term "mobile communications device" means any portable wireless telecommunications equipment utilized for the transmission or reception of voice data.

(B) Limitation.—The term "mobile communications device" does not include a phone installed on an aircraft.

(Added Pub. L. 115–254, div. B, title IV, §403(a), Oct. 5, 2018, 132 Stat. 3328.)

§41726. Strollers

(a) In General.—Except as provided in subsection (b), a covered air carrier shall not deny a passenger the ability to check a stroller at the departure gate if the stroller is being used by a passenger to transport a child traveling on the same flight as the passenger.

(b) Exception.—Subsection (a) shall not apply in instances where the size or weight of the stroller poses a safety or security risk.

(c) Covered Air Carrier Defined.—In this section, the term "covered air carrier" means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code.

(Added Pub. L. 115–254, div. B, title IV, §412(a), Oct. 5, 2018, 132 Stat. 3331.)

§41727. Passenger Rights ¹

(a) Guidelines.—The Secretary of Transportation shall require each covered air carrier to submit a summarized 1-page document that describes the rights of passengers in air transportation, including guidelines for the following:

(1) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight delays of various lengths.

(2) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight diversions.

(3) Compensation (regarding rebooking options, refunds, meals, and lodging) for flight cancellations.

(4) Compensation for mishandled baggage, including delayed, damaged, pilfered, or lost baggage.

(5) Voluntary relinquishment of a ticketed seat due to overbooking or priority of other passengers.

(6) Involuntary denial of boarding and forced removal for whatever reason, including for safety and security reasons.

(b) Filing of Summarized Guidelines.—Not later than 90 days after each air carrier submits its guidelines to the Secretary under subsection (a), the air carrier shall make available such 1-page document in a prominent location on its website.

(Added and amended Pub. L. 118–63, title V, §510(a), May 16, 2024, 138 Stat. 1193.)

Editorial Notes

Codification

Section, as added and amended by section 510(a) of Pub. L. 118–63, is based on Pub. L. 115–254, div. B, title IV, §429, Oct. 5, 2018, 132 Stat. 3341, which was formerly set out as a note preceding section 42301 of this title before being transferred to this chapter and renumbered as this section.

Amendments

2024—Pub. L. 118–63, §510(a)(1), transferred section 429 of Pub. L. 115–254 to this chapter, renumbered it as this section, and amended style of section catchline. See Codification note above.

Subsec. (a). Pub. L. 118–63, §510(a)(2), substituted "The Secretary" for "Not later than 90 days after the date of enactment of this Act, the Secretary" in introductory provisions.

¹ So in original. Probably should not be capitalized.

§41728. Airline passengers with disabilities bill of rights

(a) Airline Passengers With Disabilities Bill of Rights.—The Secretary of Transportation shall develop a document, to be known as the "Airline Passengers with Disabilities Bill of Rights", using plain language to describe the basic protections and responsibilities of covered air carriers,¹ their employees and contractors, and people with disabilities under section 41705.

(b) Content.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary shall include, at a minimum, plain language descriptions of protections and responsibilities provided in law related to the following:

(1) The right of passengers with disabilities to be treated with dignity and respect.

(2) The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and contractor personnel.

(3) The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices.

(4) The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability.

(5) The right of passengers with disabilities to receive announcements in an accessible format.

(6) The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation.

(c) Rule of Construction.—The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of the FAA Reauthorization Act of 2018 pursuant to any statute or regulation.

(d) Consultations.—In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of Transportation shall consult with stakeholders, including disability organizations and covered air carriers and their contractors.

(e) Display.—Each covered air carrier shall include the Airline Passengers with Disabilities Bill of Rights—

(1) on a publicly available internet website of the covered air carrier; and

(2) in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability.

(f) Training.—Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure that employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b).

(Added and amended Pub. L. 118–63, title V, §510(b), May 16, 2024, 138 Stat. 1194.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (c), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Codification

Section, as added and amended by section 510(b) of Pub. L. 118–63, is based on Pub. L. 115–254, div. B, title IV, §434, Oct. 5, 2018, 132 Stat. 3343, which was formerly set out as a note under section 41705 of this title before being transferred to this chapter and renumbered as this section.

Amendments

2024—Pub. L. 118–63, §510(b)(1), transferred section 434 of Pub. L. 115–254 to this chapter, renumbered it as this section, and amended style of section catchline. See Codification note above.

Subsec. (a). Pub. L. 118–63, §510(b)(2)(A), substituted "section 41705" for "the section 41705 of title 49, United States Code".

Subsec. (c). Pub. L. 118–63, §510(b)(2)(B), substituted "the date of enactment of the FAA Reauthorization Act of 2018" for "the date of the enactment of this Act".

Subsec. (f). Pub. L. 118–63, §510(b)(2)(C), substituted "ensure that employees" for "ensure employees".

Statutory Notes and Related Subsidiaries

Improved Training Standards for Assisting Passengers Who Use Wheelchairs

Pub. L. 118–63, title V, §542, May 16, 2024, 138 Stat. 1201, provided that:

"(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device.

"(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors who assist passengers who use wheelchairs who board or deplane using an aisle chair or other boarding device—

"(1) before being allowed to assist a passenger using an aisle chair or other boarding device to board or deplane, be able to successfully demonstrate skills (during hands-on training sessions) on—

"(A) how to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features;

"(B) how to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft's passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer; and

"(C) how to effectively communicate with, and take instruction from, the passenger;

"(2) are trained regarding the availability of accessible lavatories and on-board wheelchairs and the right of a qualified individual with a disability to request an on-board wheelchair; and

"(3) complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for providing aisle chair assistance.

"(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—

"(1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in developing, administering, and auditing training;

"(2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; and

"(3) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training incorporating procedures from medical professionals on how to properly lift these passengers.

"(d) Final Rule.—Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.

"(e) Penalties.—The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d)."

Training Standards for Stowage of Wheelchairs and Scooters

Pub. L. 118–63, title V, §543, May 16, 2024, 138 Stat. 1202, provided that:

"(a) Rulemaking.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft.

"(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that personnel and contractors of air carriers and foreign air carriers who stow wheelchairs and scooters on aircraft—

"(1) before being allowed to handle or stow a wheelchair or scooter, be able to successfully demonstrate skills (during hands-on training sessions) on—

"(A) how to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier;

"(B) how to properly review any wheelchair or scooter information provided by the passenger or the wheelchair or scooter manufacturer; and

"(C) how to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier; and

"(2) complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for handling and stowing wheelchairs and scooters.

"(c) Considerations.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, whether to require air carriers and foreign air carriers to partner with wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing, administering, and auditing training.

"(d) Final Rule.—Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.

"(e) Penalties.—The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d)."

Mobility Aids on Board Improve Lives and Empower All

Pub. L. 118–63, title V, §544, May 16, 2024, 138 Stat. 1203, provided that:

"(a) Publication of Cargo Hold Dimensions.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall require air carriers to publish in a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo.

"(2) Proprietary information.—The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate.

"(b) Refund Required for Individual Traveling With Wheelchair.—In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.

"(c) Evaluation of Data Regarding Damaged Wheelchairs.—Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—

"(1) evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by—

"(A) types of wheelchairs involved in such incidents; and

"(B) the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery or other components, loss, or delay of return);

"(2) determine whether there are trends with respect to the data evaluated under paragraph (1); and

"(3) make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made under paragraphs (1) and (2) and a description of how the Secretary plans to address such results.

"(d) Report to Congress on Mishandled Wheelchairs.—Upon completion of each annual report required under subsection (c), the Secretary shall transmit 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] such report.

"(e) Feasibility of In-Cabin Wheelchair Restraint Systems.—

"(1) Roadmap.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics [probably should be "National Academies of Sciences, Engineering, and Medicine"] Transportation Research Board Special Report 341—

"(A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA [Federal Aviation Administration] crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and

"(B) sponsor studies that assess issues and considerations, including those set forth in such Special Report 341, such as—

"(i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and

"(ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.

"(2) Study.—If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight. Such study shall include an assessment of—

"(A) the cost of such seating arrangements, equipment, and installation;

"(B) the demand for such seating arrangements;

"(C) the impact of such seating arrangements on passenger seating and safety on aircraft;

"(D) the impact of such seating arrangements on the cost of operations and airfare; and

"(E) any other information determined appropriate by the Secretary.

"(3) Report.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2) and any recommendations the Secretary determines appropriate.

"(f) Definitions.—In this section:

"(1) Air carrier.—The term 'air carrier' has the meaning given such term in section 40102 of title 49, United States Code.

"(2) Disability; qualified individual with a disability.—The terms 'disability' and 'qualified individual with a disability' have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act [May 16, 2024]).

"(3) Wheelchair.—The term 'wheelchair' has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), and includes power wheelchairs, manual wheelchairs, and scooters."

Prioritizing Accountability and Accessibility for Aviation Consumers

Pub. L. 118–63, title V, §545, May 16, 2024, 138 Stat. 1205, provided that:

"(a) Annual Report.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], and annually thereafter, the Secretary [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], and make publicly available, a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation.

"(b) Contents.—Each annual report submitted under subsection (a) shall, at a minimum, include the following:

"(1) The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the calendar year preceding the year in which such report is submitted.

"(2) The nature of such complaints, including reported issues with—

"(A) an air carrier, including an air carrier's staff training or lack thereof;

"(B) mishandling of passengers with a disability or their accessibility equipment, including mobility aids and wheelchairs;

"(C) the condition, availability, or lack of accessibility of equipment operated by an air carrier or a contractor of an air carrier;

"(D) the accessibility of in-flight services, including accessing and using on-board lavatories, for passengers with a disability;

"(E) difficulties experienced by passengers with a disability in communicating with air carrier personnel;

"(F) difficulties experienced by passengers with a disability in being moved, handled, or otherwise assisted;

"(G) an air carrier changing the flight itinerary of a passenger with a disability without the consent of such passenger;

"(H) issues experienced by passengers with a disability traveling with a service animal; and

"(I) such other issues as the Secretary determines appropriate.

"(3) An overview of the review process for such complaints received during such calendar year.

"(4) The median length of time for how quickly review of such complaints was initiated by the Secretary.

"(5) The median length of time for how quickly such complaints were resolved or otherwise addressed.

"(6) Of the complaints that were found to violate section 41705 of title 49, United States Code—

"(A) the number of such complaints for which a formal enforcement order was issued; and

"(B) the number of such complaints for which a formal enforcement order was not issued.

"(7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under—

"(A) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

"(B) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or

"(C) any other provision of law.

"(8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff (or other matters under the jurisdiction of the FAA [Federal Aviation Administration]) were referred to the FAA.

"(9) The number of disability-related aviation consumer complaints filed with the Department of Transportation involving Transportation Security Administration staff that were referred to the Transportation Security Administration or the Department of Homeland Security.

"(c) Definitions.—

"(1) In general.—Except as provided in paragraph (2), the definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to this section.

"(2) Air carrier.—The term 'air carrier' means an air carrier conducting passenger operations under part 121 of title 14, Code of Federal Regulations.

"(3) Passengers with a disability.—In this section, the term 'passengers with a disability' has the meaning given the term 'qualified individual with a disability' in section 382.3 of title 14, Code of Federal Regulations."

Accommodations for Qualified Individuals With Disabilities

Pub. L. 118–63, title V, §546, May 16, 2024, 138 Stat. 1206, provided that:

"(a) In General.—

"(1) Advanced notice of proposed rulemaking.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.

"(2) Notice of proposed rulemaking.—Not later than 18 months after the date on which the advanced notice of proposed rulemaking under paragraph (1) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.

"(3) Final rule.—Not later than 30 months after the date on which the notice of proposed rulemaking under subparagraph (B) [probably should be "paragraph (2)"] is completed, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this subsection.

"(b) Considerations.—In carrying out the advanced notice of proposed rulemaking required in subsection (a)(1), the Secretary shall consider the following:

"(1) The scope and anticipated number of qualified individuals with a disability who—

"(A) may need to be seated with a companion to receive assistance during a flight; or

"(B) should be afforded bulkhead seats or other seating considerations.

"(2) The types of disabilities that may need seating accommodations.

"(3) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, appropriate seating accommodations.

"(4) The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations.

"(5) Any notification given to qualified individuals with a disability regarding available seating accommodations.

"(6) Any method that is adequate to identify fraudulent claims for seating accommodations.

"(7) Any other information determined appropriate by the Secretary.

"(c) Known Service Animal Travel Pilot Program.—

"(1) In general.—The Secretary shall establish a pilot program to allow approved program participants as known service animals for purposes of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal.

"(2) Requirements.—The pilot program established under paragraph (1) shall—

"(A) be optional for a service animal accompanying a qualified individual with a disability;

"(B) provide for assistance for applicants, including over-the-phone assistance, throughout the application process for the program; and

"(C) with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations (or any successor regulations).

"(3) Consultation.—In establishing the pilot program under paragraph (1), the Secretary shall consult with—

"(A) disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities;

"(B) air carriers and foreign air carriers;

"(C) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals;

"(D) other relevant departments or agencies of the Federal Government; and

"(E) other entities determined to be appropriate by the Secretary.

"(4) Eligibility.—To be eligible to participate in the pilot program under this subsection, an individual shall—

"(A) be a qualified individual with a disability;

"(B) require the assistance of a service animal because of a disability; and

"(C) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

"(5) Clarification.—The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this subsection.

"(6) Nominal fee.—The Secretary may require an applicant to pay a nominal fee, not to exceed $25, to participate in the pilot program.

"(7) Reports to congress.—Not later than 1 year after the establishment of the pilot program under this subsection, and annually thereafter until the date described in paragraph (8), 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] and make publicly available report on the progress of the pilot program.

"(8) Sunset.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act.

"(d) Accredited Service Animal Training Programs and Authorized Registrars.—Not later than 6 months after the date of enactment of this Act, the Secretary shall publish and maintain, on the website of the Department of Transportation, a list of—

"(1) accredited programs that train service animals; and

"(2) authorized registrars that evaluate service animals.

"(e) Report to Congress on Service Animal Requests.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—

"(1) during the reporting period, how many requests to board an aircraft with a service animal were made in total, and how many requests were made by qualified individuals with disabilities; and

"(2) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—

"(A) granted;

"(B) denied but not fraudulent; or

"(C) denied as fraudulent.

"(f) Training.—

"(1) In general.—Not later than 180 days after the date of enactment of this section [May 16, 2024], the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal.

"(2) Requirements.—The guidance issued under paragraph (1) shall—

"(A) take into account respectful engagement with and assistance for individuals with a wide range of visible and nonvisible disabilities;

"(B) provide information on—

"(i) service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and

"(ii) the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and

"(C) outline the rights and responsibilities of the handler of the service animal.

"(g) Definitions.—In this section:

"(1) Air carrier.—The term 'air carrier' has the meaning given that term in section 40102 of title 49, United States Code.

"(2) Foreign air carrier.—The term 'foreign air carrier' has the meaning given that term in section 40102 of title 49, United States Code.

"(3) Qualified individual with a disability.—The term 'qualified individual with a disability' has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.

"(4) Service animal.—The term 'service animal' has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations."

Equal Accessibility to Passenger Portals

Pub. L. 118–63, title V, §547, May 16, 2024, 138 Stat. 1209, provided that:

"(a) Applications and Information Communication Technologies.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall, in consultation with the United States Architectural and Transportation Barriers Compliance Board, issue regulations setting forth minimum standards to ensure that individuals with disabilities are able to access customer-focused kiosks, software applications, and websites of air carriers, foreign air carriers, and airports, in a manner that is equally as effective, and has a substantially equivalent ease of use, as for individuals without disabilities.

"(b) Consistency With Guidelines.—The standards set forth under subsection (a) shall be consistent with the standards contained in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version of such Guidelines.

"(c) Review.—

"(1) Air carrier access act advisory committee review.—The Air Carrier Access Act Advisory Committee shall periodically review, and make appropriate recommendations regarding, the accessibility of websites, kiosks, and information communication technology of air carriers, foreign air carriers, and airports, and make such recommendations publicly available.

"(2) DOT review.—Not later than 5 years after issuing regulations under subsection (a), and every 5 years thereafter, the Secretary shall—

"(A) review the recommendations of the Air Carrier Access Act Advisory Committee regarding the regulations issued under this subsection; and

"(B) update such regulations as necessary."

Aircraft Access Standards

Pub. L. 118–63, title V, §548, May 16, 2024, 138 Stat. 1210, provided that:

"(a) Aircraft Access Standards.—

"(1) Standards.—

"(A) Advance notice of proposed rulemaking.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs.

"(B) Notice of proposed rulemaking.—Not later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding standards addressed in subparagraph (A).

"(C) Final rule.—Not later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule.

"(2) Covered airport, equipment, and features.—The standards prescribed under paragraph (1)(A) shall address, at a minimum—

"(A) boarding and deplaning equipment;

"(B) improved procedures to ensure the priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14, Code of Federal Regulations; and

"(C) improved cargo hold storage to prevent damage to assistive devices.

"(3) Consultation.—For purposes of the rulemaking under this subsection, the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards.

"(b) In-Flight Entertainment Rulemaking.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016, resolution of the Department of Transportation ACCESS Committee and the consensus recommendation set forth in the Term Sheet Reflecting Agreement of the Access [probably should be "ACCESS"] Committee Regarding In-Flight Entertainment.

"(c) Negotiated Rulemaking on In-Cabin Wheelchair Restraint Systems and Enplaning and Deplaning Standards.—

"(1) Timing.—

"(A) In general.—Not later than 1 year after completion of the report required by section 544(e)(2) [probably should be "section 544(e)(3)" of Pub. L. 118–63, set out above], and if such report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate individuals with disabilities using wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate such individuals in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from personal assistive devices of such individuals.

"(B) Requirement.—The negotiated rulemaking under subparagraph (A) shall include participation of representatives of—

"(i) air carriers;

"(ii) aircraft manufacturers;

"(iii) national disability organizations;

"(iv) aviation safety experts; and

"(v) mobility aid manufacturers.

"(2) Notice of proposed rulemaking.—Not later than 1 year after the completion of the negotiated rulemaking required under paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards described in paragraph (1).

"(3) Final rule.—Not later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards described in paragraph (1).

"(4) Considerations.—In the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider—

"(A) a reasonable period for the design, certification, and construction of aircraft that meet the requirements;

"(B) the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA [Federal Aviation Administration] crashworthiness and safety performance criteria; and

"(C) the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts.

"(d) Visual and Tactilely Accessible Announcements.—The Advisory Committee established under section 439 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 41705 note) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.

"(e) Airport Facilities.—Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code, that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications.

"(f) Definitions.—In this section:

"(1) Access board.—The term 'Access Board' means the Architectural and Transportation Barriers Compliance Board.

"(2) Air carrier.—The term 'air carrier' has the meaning given such term in section 40102 of title 49, United States Code.

"(3) Individual with a disability.—The term 'individual with a disability' has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.

"(4) Foreign air carrier.—The term 'foreign air carrier' has the meaning given such term in section 40102 of title 49, United States Code."

On-Board Wheelchairs in Aircraft Cabin

Pub. L. 118–63, title V, §551, May 16, 2024, 138 Stat. 1212, provided that:

"(a) In General.—If an individual informs an air carrier or foreign air carrier at the time of booking a ticket for air transportation on a covered aircraft that the individual requires the use of any wheelchair, the air carrier or foreign air carrier shall provide information regarding the provision and use of on-board wheelchairs, including the rights and responsibilities of the air carrier and passenger as such rights and responsibilities relate to the provision and use of on-board wheelchairs.

"(b) Availability of Information.—An air carrier or foreign air carrier that operates a covered aircraft shall provide on a publicly available website of the carrier information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier relating to on-board wheelchairs, including—

"(1) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of title 14, Code of Federal Regulations) with an on-board wheelchair, unless an exception described in such section 382.65 [probably means section 382.65 of such title] applies;

"(2) that a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act [May 16, 2024])) may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair;

"(3) that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of title 14, Code of Federal Regulations, in order for the individual to be provided with the on-board wheelchair; and

"(4) if the air carrier or foreign air carrier requires the advance notice described in paragraph (3), information on how such a qualified individual with a disability can make such a request.

"(c) Definitions.—In this section:

"(1) Applicability of terms.—The definitions contained in section 40102 of title 49, United States Code, apply to this section.

"(2) Covered aircraft.—The term 'covered aircraft' means an aircraft that is required to be equipped with on-board wheelchairs in accordance with section 382.65 of title 14, Code of Federal Regulations."

Definition

The term "covered air carrier" is not defined for this section. However, such term was defined for section 434 of Pub. L. 115–254, prior to its transfer to this section, by section 401 of Pub. L. 115–254, which is set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.

¹ See Definition note below.

§41729. COVID–19 vaccination status

(a) In General.—An air carrier (as such term is defined in section 40102) may not deny service to any individual solely based on the vaccination status of the individual with respect to COVID–19.

(b) Rule of Construction.—Nothing in this section shall be construed to apply to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.

(Added Pub. L. 118–63, title XI, §1107(a), May 16, 2024, 138 Stat. 1417.)

Editorial Notes

Codification

Section 1107(a) of Pub. L. 118–63, which directed the addition of this section at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 118–63, title XI, §1107(c), May 16, 2024, 138 Stat. 1417, provided that: "Nothing in this section [enacting this section], or the amendment made by this section, shall be construed to permit or otherwise authorize an executive agency to enact or otherwise impose a COVID–19 vaccine mandate."

SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE

§41731. Definitions

(a) General.—In this subchapter—

(1) "eligible place" means a place in the United States that—

(A)(i)(I) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988;

(II) received scheduled air transportation at any time after January 1, 1990; and

(III) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or

(ii) was determined, on or after October 1, 1988, and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190), under this subchapter by the Secretary of Transportation to be eligible to receive subsidized small community air service under section 41736(a);

(B) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after September 30, 2012;

(C) had an average subsidy per passenger, as determined by the Secretary—

(i) of less than $1,000 during the most recent fiscal year beginning before October 1, 2026, regardless of driving miles to the nearest large or medium hub airport;

(ii) of less than $850 during the most recent fiscal year beginning after September 30, 2026, regardless of driving miles to the nearest medium or large hub airport; and

(iii) of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and

(D) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—

(i) received essential air service for which compensation was provided to an air carrier under this subchapter; or

(ii) received a 140-day notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.

(2) "enhanced essential air service" means scheduled air transportation to an eligible place of a higher level or quality than basic essential air service described in section 41732 of this title.

(b) Limitation on Authority To Decide a Place Not an Eligible Place.—The Secretary may not decide that a place described in subsection (a)(1) of this section is not an eligible place on any basis that is not specifically stated in this subchapter.

(c) Exception for Locations in Alaska and Hawaii.—Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not apply with respect to locations in the State of Alaska or the State of Hawaii.

(d) Exceptions for Locations More Than 175 Driving Miles From the Nearest Large or Medium Hub Airport.—Subsection (a)(1)(B) shall not apply with respect to locations that are more than 175 driving miles from the nearest large or medium hub airport.

(e) Waivers.—

(1) In general.—The Secretary may waive, on an annual basis, subsections (a)(1)(B) and (a)(1)(C)(iii) with respect to an eligible place if such place demonstrates to the Secretary's satisfaction that the reason the eligibility requirements of such subsections are not met is due to a temporary decline in demand.

(2) Limitation.—Beginning with fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(B) to any location—

(A) in more than 2 consecutive fiscal years; or

(B) in more than 5 fiscal years within 25 consecutive years.

(3) Limitation.—Beginning in fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(C)(iii) to any location—

(A) in more than 2 consecutive fiscal years; or

(B) in more than 5 fiscal years within 25 consecutive years.

(f) Definition.—For purposes of subsection (a)(1)(B), the term "enplanements" means the number of passengers enplaning, at an eligible place, on flights operated by the subsidized essential air service carrier.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §208, Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title II, §225(b)(2), Dec. 12, 2003, 117 Stat. 2529; Pub. L. 112–27, §6, Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–95, title IV, §§421, 422, Feb. 14, 2012, 126 Stat. 96, 97; Pub. L. 115–254, div. B, title IV, §453(a), Oct. 5, 2018, 132 Stat. 3348; Pub. L. 118–63, title V, §561(a)(1)–(3), May 16, 2024, 138 Stat. 1214.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41731(a)(1)	49 App.:1389(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(a); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1508; restated Nov. 5, 1990, Pub. L. 101–508, §9113(a), 104 Stat. 1388–363.
41731(a)(2)	49 App.:1389(k)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(k)(2)–(5); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517.
41731(a)(3)	49 App.:1389(k)(3).
41731(a)(4)	49 App.:1389(k)(4).
41731(a)(5)	49 App.:1389(k)(5).
41731(b)	49 App.:1389(a)(2).

In this subchapter (except subsection (a)(1)(A) of this section), the word "place" is substituted for "point" for clarity and consistency in the revised title.

In subsection (a)(1)(A), the words "was an eligible point . . . before October 1, 1988" are substituted for "is defined as an eligible point . . . as in effect before October 1, 1988" for clarity and to eliminate unnecessary words.

In subsection (a)(2), the words "described in section 41732 of this title" are added for clarity.

In subsection (a)(3)–(5), the word "boardings" is substituted for "enplanements" for clarity and consistency in the revised title.

Editorial Notes

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is section 419 of Pub. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1143, 1379.

The date of the enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(1)(A)(ii), is the date of enactment of Pub. L. 114–190, which was approved July 15, 2016.

Amendments

2024—Subsec. (a)(1)(C). Pub. L. 118–63, §561(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "had an average subsidy per passenger of less than $1,000 during the most recent fiscal year, as determined by the Secretary; and".

Subsec. (a)(1)(D)(ii). Pub. L. 118–63, §561(a)(2), substituted "140-day" for "90-day".

Subsec. (e). Pub. L. 118–63, §561(a)(3), amended subsec. (e) generally. Prior to amendment, text read as follows: "For fiscal year 2013 and each fiscal year thereafter, the Secretary may waive, on an annual basis, subsection (a)(1)(B) with respect to a location if the location demonstrates to the Secretary's satisfaction that the reason the location averages fewer than 10 enplanements per day is due to a temporary decline in enplanements."

2018—Subsec. (a)(1)(A)(ii). Pub. L. 115–254 substituted "FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190)," for "Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,".

2012—Subsec. (a)(1)(B). Pub. L. 112–95, §421(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "is located not less than 90 miles from the nearest medium or large hub airport; and".

Subsec. (a)(1)(D). Pub. L. 112–95, §422, added subpar. (D).

Subsec. (c). Pub. L. 112–95, §421(2), amended subsec. (c) generally. Prior to amendment, text read as follows: "Subsections (a)(1)(B) and (a)(1)(C) shall not apply with respect to a location in the State of Alaska."

Subsec. (d). Pub. L. 112–95, §421(3), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Secretary may waive subsection (a)(1)(B) with respect to a location if the Secretary determines that the geographic characteristics of the location result in undue difficulty in accessing the nearest medium or large hub airport."

Subsecs. (e), (f). Pub. L. 112–95, §421(4), added subsecs. (e) and (f).

2011—Subsec. (a)(1). Pub. L. 112–27, §6(a), redesignated cls. (i) to (iii) of subpar. (A) as subcls. (I) to (III), respectively, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, inserted "(A)" before "(i)(I)" in subcl. (I) of cl. (i), substituted "was determined" for "determined", "Secretary of Transportation" for "Secretary", and semicolon for period at end in cl. (ii) of subpar. (A), and added subpars. (B) and (C).

Subsec. (b). Pub. L. 112–27, §6(b), substituted "Secretary" for "Secretary of Transportation" and "on any basis" for "on the basis of a passenger subsidy at that place or on another basis".

Subsecs. (c), (d). Pub. L. 112–27, §6(c), added subsecs. (c) and (d).

2003—Subsec. (a)(3) to (5). Pub. L. 108–176 struck out pars. (3) to (5) which defined "hub airport", "nonhub airport", and "small hub airport", respectively.

2000—Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added subpar. (B).

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.

Response Time for Applications To Provide Essential Air Service

Pub. L. 118–63, title V, §568, May 16, 2024, 138 Stat. 1219, provided that: "The Secretary [of Transportation] shall take such actions as are necessary to respond with an approval or denial of any application filed by an applicant to provide essential air service under subchapter II of chapter 417 of title 49, United States Code, to the greatest extent practicable not later than 6 months after receiving such application. The Assistant General Counsel for International and Aviation Economic Law shall ensure the timely review of all orders proposed by the Essential Air Service Office, and such timeliness shall be analyzed annually by the General Counsel of the Department of Transportation."

Code-Sharing Pilot Program

Pub. L. 108–176, title IV, §406, Dec. 12, 2003, 117 Stat. 2545, provided that:

"(a) In General.—The Secretary of Transportation shall establish a pilot program under which the Secretary may require air carriers providing service with compensation under subchapter II of chapter 417 of title 49, United States Code, and major air carriers (as defined in section 41716(a)(2) of such title) serving large hub airports (as defined in section 40102 of such title) to participate in multiple code-share arrangements consistent with normal industry practice whenever and wherever the Secretary determines that such multiple code-sharing arrangements would improve air transportation services.

"(b) Limitation.—The Secretary may not require air carriers to participate in the pilot program under this section for more than 10 communities receiving service under subchapter II of chapter 417 of title 49, United States Code."

Measurement of Highway Miles for Purposes of Determining Eligibility of Essential Air Service Subsidies

Pub. L. 108–176, title IV, §409, Dec. 12, 2003, 117 Stat. 2547, as amended by Pub. L. 110–190, §4(d)(1), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–330, §5(k), Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–69, §5(k), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–249, §5(k), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 112–30, title II, §205(k), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(k), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title IV, §431, Feb. 14, 2012, 126 Stat. 100; Pub. L. 114–55, title I, §102(g), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(f), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(g), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §102(g), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, §102(f), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title IV, §457, Oct. 5, 2018, 132 Stat. 3350; Pub. L. 118–15, div. B, title II, §2202(m), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(m), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(m), Mar. 8, 2024, 138 Stat. 22, provided that:

"(a) Request for Secretarial Review.—An eligible place (as defined in section 41731 of title 49, United States Code) with respect to which the Secretary has, in the 2-year period ending on the date of enactment of this Act [Dec. 12, 2003], eliminated (or tentatively eliminated) compensation for essential air service to such place, or terminated (or tentatively terminated) the compensation eligibility of such place for essential air service, under section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 [Pub. L. 106–69] ([former] 49 U.S.C. 41731 note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [Pub. L. 106–181] (49 U.S.C. 41731 note), or any prior law of similar effect based on the highway mileage of such place from the nearest hub airport (as defined in section 40102 of such title), may request the Secretary to review such action.

"(b) Determination of Mileage.—In reviewing an action under subsection (a), the highway mileage between an eligible place and the nearest medium hub airport or large hub airport is the highway mileage of the most commonly used route between the place and the medium hub airport or large hub airport. In identifying such route, the Secretary shall identify the most commonly used route for a community by—

"(1) consulting with the Governor of a State or the Governor's designee; and

"(2) considering the certification of the Governor of a State or the Governor's designee as to the most commonly used route.

"(c) Eligibility Determination.—Not later than 60 days after receiving a request under subsection (a), the Secretary shall—

"(1) determine whether the eligible place would have been subject to an elimination of compensation eligibility for essential air service, or termination of the eligibility of such place for essential air service, under the provisions of law referred to in subsection (a) based on the determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and

"(2) issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter 417 of title 49, United States Code.

"(d) Limitation on Period of Final Order.—A final order issued under subsection (c) shall terminate on May 10, 2024."

[Pub. L. 110–190, §4(d)(2), Feb. 28, 2008, 122 Stat. 644, provided that: "The amendment made by paragraph (1) [amending section 409(d) of Pub. L. 108–176, set out above] shall take effect on September 29, 2007, and shall apply with respect to any final order issued under section 409(c) of such Act [section 409(c) of Pub. L. 108–176, set out above] that was in effect on such date."]

Marketing Practices

Pub. L. 106–181, title II, §207, Apr. 5, 2000, 114 Stat. 94, provided that:

"(a) Review of Marketing Practices That Adversely Affect Service to Small or Medium Communities.—Not later than 180 days after the date of the enactment of this Act [Apr. 5, 2000], the Secretary [of Transportation] shall review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small- and medium-sized communities, including—

"(1) marketing arrangements between airlines and travel agents;

"(2) code-sharing partnerships;

"(3) computer reservation system displays;

"(4) gate arrangements at airports;

"(5) exclusive dealing arrangements; and

"(6) any other marketing practice that may have the same effect.

"(b) Regulations.—If the Secretary finds, after conducting the review, that marketing practices inhibit the availability of affordable air transportation services to small- and medium-sized communities, then, after public notice and an opportunity for comment, the Secretary may issue regulations that address the problem or take other appropriate action.

"(c) Statutory Construction.—Nothing in this section expands the authority or jurisdiction of the Secretary to issue regulations under chapter 417 of title 49, United States Code, or under any other law."

Restrictions on Essential Air Service Subsidies

Pub. L. 106–181, title II, §205, Apr. 5, 2000, 114 Stat. 94, provided that: "The Secretary [of Transportation] may provide assistance under subchapter II of chapter 417 of title 49, United States Code, with respect to a place that is located within 70 highway miles of a hub airport (as defined by section 41731 of such title) if the most commonly used highway route between the place and the hub airport exceeds 70 miles."

Pub. L. 106–69, title III, §332, Oct. 9, 1999, 113 Stat. 1022, which did not provide essential air service subsidies to communities in the 48 contiguous States that were located fewer than 70 highway miles from the nearest large or medium hub airport or required a rate of subsidy per passenger in excess of $200 unless such point was greater than 210 miles from the nearest large or medium hub airport, was repealed by Pub. L. 118–63, title V, §561(a)(4)(A), May 16, 2024, 138 Stat. 1214.

[Pub. L. 112–95, title IV, §426(c), (d), Feb. 14, 2012, 126 Stat. 99, as amended by Pub. L. 115–254, div. B, title IV, §458, title V, §539(s)(2), Oct. 5, 2018, 132 Stat. 3350, 3372, which provided that the Secretary of Transportation could waive the subsidy-per-passenger cap established by section 332 of Pub. L. 106–69, and the Secretary would waive application of the subsidy-per-passenger cap if the Secretary found that the community's subsidy-per-passenger for a fiscal year was lower than the subsidy-per-passenger for any of the 3 previous fiscal years, was repealed by Pub. L. 118–63, title V, §561(a)(4)(B), May 16, 2024, 138 Stat. 1214.]

Provisions similar to those in section 332 of Pub. L. 106–69, formerly set out above, were contained in the following prior appropriation acts:

Pub. L. 105–277, div. A, §101(g) [title III, §334], Oct. 21, 1998, 112 Stat. 2681–439, 2681-471.

Pub. L. 105–66, title III, §336, Oct. 27, 1997, 111 Stat. 1447.

§41732. Basic essential air service

(a) General.—Basic essential air service provided under section 41733 of this title is scheduled air transportation of passengers and cargo—

(1) to a medium or large hub airport less than 650 miles from an eligible place (unless such airport or eligible place are located in a noncontiguous State); or

(2) to a small hub or nonhub airport, when in Alaska or when the nearest medium or large hub airport is more than 400 miles from an eligible place.

(b) Minimum Requirements.—Basic essential air service shall include at least the following:

(1)(A) for a place not in Alaska, 2 daily round trips 6 days a week, with not more than one intermediate stop on each flight; or

(B) for a place in Alaska, a level of service at least equal to that provided in 1976 or 2 round trips a week, whichever is greater, except that the Secretary of Transportation and the appropriate State authority of Alaska may agree to a different level of service after consulting with the affected community.

(2) flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices that are not excessive compared to the generally prevailing prices of other air carriers for like service between similar places.

(3) service provided in aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation has not been provided to the place in aircraft with at least 2 engines and using 2 pilots for at least 60 consecutive operating days at any time since October 31, 1978.

(c) Waivers.—Notwithstanding section 41733(e), upon request by an eligible place, the Secretary may waive, in whole or in part, subsections (a) and (b) of this section or subsections (a) through (c) of section 41734. A waiver issued under this subsection shall remain in effect for a limited period of time, as determined by the Secretary.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1144; Pub. L. 115–254, div. B, title IV, §456, Oct. 5, 2018, 132 Stat. 3350; Pub. L. 118–63, title V, §561(b)(1), (c), May 16, 2024, 138 Stat. 1214, 1215.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41732(a)	49 App.:1389(k)(1) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(k)(1); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516.
41732(b)	49 App.:1389(k)(1) (last sentence).

In subsection (a), before clause (1), the words "provided under section 41733 of this title" are added for clarity. In clause (2), the words "from an eligible place" are added for clarity.

In subsection (b), before clause (1), the words "Basic essential air service" are substituted for "Such transportation" for clarity and consistency in the revised title. In clause (1)(B), the word "1976" is substituted for "calendar year 1976" to eliminate unnecessary words. The words "appropriate State authority of Alaska" are substituted for "State agency of the State of Alaska" for clarity and consistency with the source provisions restated in section 41734(a) of the revised title. The words "agree to a different level of service" are substituted for "otherwise specified under an agreement" for clarity. In clause (2), the word "prices" is substituted for "rates, fares, and charges" and "fares" because of the definition of "price" in section 40102(a) of the revised title. In clause (3), before subclause (A), the word "boardings" is substituted for "enplanements" for clarity and consistency in the revised title. The words "from 1976-1986" are substituted for "beginning after December 31, 1975, and ending on or before December 31, 1986" to eliminate unnecessary words. In subclause (B), the words "affected community" are substituted for "community concerned" for consistency with the source provisions restated in clause (1)(B) of this section. In clause (5), the words "for at least 60 consecutive operating days" are substituted for "on each of 60 consecutive operating days" for clarity.

Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, §561(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or".

Subsec. (a)(2). Pub. L. 118–63, §561(c)(1), inserted "medium or large" after "nearest".

Subsec. (b)(3) to (6). Pub. L. 118–63, §561(c)(2), redesignated par. (5) as (3) and struck out former pars. (3), (4), and (6) which read as follows:

"(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless—

"(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or

"(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.

"(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than—

"(A) 50 percent; or

"(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.

"(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude."

2018—Subsec. (c). Pub. L. 115–254 added subsec. (c).

Statutory Notes and Related Subsidiaries

Restriction on Length of Routes

Pub. L. 118–63, title V, §561(b)(2), (3), May 16, 2024, 138 Stat. 1215, provided that:

"(2) Exception.—The amendment made by paragraph (1) [amending this section] shall not apply to an eligible place that is served by an air carrier selected to receive essential air service compensation under subchapter II of chapter 417 of title 49, United States Code, if—

"(A) such service is in effect upon the date of enactment of this Act [May 16, 2024]; and

"(B) such service is provided by the same air carrier that provided service on the date of enactment of this Act.

"(3) Sunset.—Paragraph (2) shall cease to have effect on October 1, 2028."

§41733. Level of basic essential air service

(a) Decisions Made Before October 1, 1988.—For each eligible place for which a decision was made before October 1, 1988, under section 419 of the Federal Aviation Act of 1958, establishing the level of essential air transportation, the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place by not later than December 29, 1988.

(b) Decisions Not Made Before October 1, 1988.—(1) The Secretary shall decide on the level of basic essential air service for each eligible place for which a decision was not made before October 1, 1988, establishing the level of essential air transportation, when the Secretary receives notice that service to that place will be provided by only one air carrier. The Secretary shall make the decision by the last day of the 6-month period beginning on the date the Secretary receives the notice. The Secretary may impose notice requirements necessary to carry out this subsection. Before making a decision, the Secretary shall consider the views of any interested community and the appropriate State authority of the State in which the community is located.

(2) Until the Secretary has made a decision on a level of basic essential air service for an eligible place under this subsection, the Secretary, on petition by an appropriate representative of the place, as defined by the Secretary, shall prohibit an air carrier from ending, suspending, or reducing air transportation to that place that appears to deprive the place of basic essential air service.

(c) Availability of Compensation.—(1) If the Secretary decides that basic essential air service will not be provided to an eligible place without compensation, the Secretary shall provide notice that an air carrier may apply to provide basic essential air service to the place for compensation under this section. In selecting an applicant, the Secretary shall consider, among other factors—

(A) the demonstrated reliability of the applicant in providing scheduled air service;

(B) the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;

(C) the preferences of the actual and potential users of air transportation at the eligible place, including the views of the elected officials representing the users;

(D) whether the air carrier has included a plan in its proposal to market its services to the community;

(E) for an eligible place in Alaska, the experience of the applicant in providing, in Alaska, scheduled air service, or significant patterns of non-scheduled air service under an exemption granted under section 40109(a) and (c)–(h) of this title; and

(F) the total compensation proposed by the air carrier for providing scheduled air service under this section.

(2) Under guidelines prescribed under section 41737(a) of this title, the Secretary shall pay the rate of compensation for providing basic essential air service under this section and section 41734 of this title.

(d) Compensation Payments.—The Secretary shall pay compensation under this section at times and in the way the Secretary decides is appropriate. The Secretary shall end payment of compensation to an air carrier for providing basic essential air service to an eligible place when the Secretary decides the compensation is no longer necessary to maintain basic essential air service to the place.

(e) Review.—The Secretary shall review periodically the level of basic essential air service for each eligible place. Based on the review and consultations with an interested community and the appropriate State authority of the State in which the community is located, the Secretary may make appropriate adjustments in the level of service, to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport that serves the community.

(f) Notice to Communities Prior to Termination of Eligibility.—

(1) In general.—The Secretary shall notify each community receiving basic essential air service for which compensation is being paid under this subchapter on or before the 45th day before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap.

(2) Procedures to avoid termination.—The Secretary shall establish, by order, procedures by which each community notified of an impending loss of subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would not exceed the subsidy cap.

(3) Assistance provided.—The Secretary shall provide, by order, information to each community notified under paragraph (1) regarding—

(A) the procedures established pursuant to paragraph (2); and

(B) the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with basic essential air service and the subsidy cap.

(g) Proposals of State and Local Governments to Restore Eligibility.—

(1) In general.—If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap or that the place is no longer an eligible place pursuant to section 41731(a)(1)(B), a State or local government may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.

(2) Determination by secretary.—The Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c) if—

(A) a State or local government submits to the Secretary a proposal under paragraph (1); and

(B) the Secretary determines that—

(i) the rate of subsidy per passenger under the proposal does not exceed the subsidy cap;

(ii) the proposal is likely to result in an average number of enplanements per day that will satisfy the requirement in section 41731(a)(1)(B); and

(iii) the proposal is consistent with the legal and regulatory requirements of the essential air service program.

(h) Subsidy Cap Defined.—In this section, the term "subsidy cap" means the subsidy-per-passenger cap established under section 41731(a)(1)(C).

(i) Community Petition for Review.—

(1) Petition.—An appropriate representative of an eligible place, as defined by the Secretary, may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier—

(A) is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to such place;

(B) is experiencing reliability challenges with the potential to adversely affect air service to such place; or

(C) is no longer able to provide service to such place at the rate of compensation specified by the Secretary.

(2) Review.—Not later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to such place that submitted such petition and determine whether such air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to such place.

(3) Termination.—If based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may—

(A) terminate the order issued to the air carrier; and

(B) issue a notice pursuant to subsection (c) that an air carrier may apply to provide basic essential air service to such place for compensation under this section and select an applicant pursuant to such subsection.

(4) Continuation of service.—If the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected place.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1145; Pub. L. 106–181, title II, §209(b), Apr. 5, 2000, 114 Stat. 95; Pub. L. 112–95, title IV, §§423–425, Feb. 14, 2012, 126 Stat. 97, 98; Pub. L. 118–63, title V, §§561(d), 565(a), May 16, 2024, 138 Stat. 1215, 1218.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41733(a)	49 App.:1389(b)(1)(A) (less last sentence last 24 words), (C).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(b)(1), (3), (4), (9); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1508, 1509, 1511.
41733(b)(1)	49 App.:1389(b)(1)(A) (last sentence last 24 words), (B).
41733(b)(2)	49 App.:1389(b)(9).
41733(c)	49 App.:1389(b)(3).
41733(d)	49 App.:1389(b)(4).
41733(e)	49 App.:1389(b)(1)(D).

In subsection (a), the words "the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place" are substituted for "Such determination shall be made" because the determinations for those places have been made. The words "by not later than December 29, 1988" are substituted for "no later than the last day of the 1-year period beginning on December 30, 1987" for clarity. The words "and only after consideration of the views of any interested community and the State agency of the State in which such community is located" and 49 App.:1389(b)(1)(C) are omitted as executed.

In subsections (b)(1) and (e), the words "appropriate State authority" are substituted for "State agency" for clarity and consistency with the source provisions restated in section 41734(a) of the revised title.

In section (b)(2), the words "that appears to deprive" are substituted for "which reasonably appears to deprive" to eliminate an unnecessary word.

In subsection (c)(1), before clause (A), the words "an air carrier may apply to provide basic essential air service to the place for compensation" are substituted for "applications may be submitted by any air carrier that is willing to provide such service to such point for compensation" for clarity and to eliminate unnecessary words.

Editorial Notes

References in Text

Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a), is section 419 of Pub. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1143, 1379.

The date of enactment of this subsection, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2024—Subsec. (b)(2). Pub. L. 118–63, §565(a)(1), inserted ", as defined by the Secretary" after "appropriate representative of the place".

Subsec. (c)(1)(B). Pub. L. 118–63, §561(d)(1)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: "the contractual and marketing arrangements the applicant has made with a larger carrier to ensure service beyond the hub airport;".

Subsec. (c)(1)(C). Pub. L. 118–63, §561(d)(1)(C), (D), redesignated subpar. (D) as (C) and substituted "including" for "giving substantial weight to". Former subpar. (C) struck out.

Pub. L. 118–63, §561(d)(1)(B), struck out subpar. (C) which read as follows: "the interline arrangements that the applicant has made with a larger carrier to allow passengers and cargo of the applicant at the hub airport to be transported by the larger carrier through one reservation, ticket, and baggage check-in;".

Subsec. (c)(1)(D), (E). Pub. L. 118–63, §561(d)(1)(C), redesignated subpars. (E) and (F) as (D) and (E), respectively. Former subpar. (D) redesignated (C).

Subsec. (c)(1)(F). Pub. L. 118–63, §561(d)(1)(E)–(G), added subpar. (F). Former subpar. (F) redesignated (E).

Pub. L. 118–63, §561(d)(1)(C), redesignated subpar. (F) as (E).

Subsec. (h). Pub. L. 118–63, §561(d)(2), substituted "under section 41731(a)(1)(C)" for "by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022)".

Subsec. (i). Pub. L. 118–63, §565(a)(2), added subsec. (i).

2012—Subsec. (c)(1)(E), (F). Pub. L. 112–95, §423, added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (f). Pub. L. 112–95, §424, added subsec. (f).

Subsecs. (g), (h). Pub. L. 112–95, §425, added subsecs. (g) and (h).

2000—Subsec. (e). Pub. L. 106–181 inserted before period at end ", to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport that serves the community".

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.

Seasonal Service

Pub. L. 115–254, div. B, title IV, §451(b), Oct. 5, 2018, 132 Stat. 3347, provided that: "The Secretary of Transportation may consider the flexibility of current operational dates and airport accessibility to meet local community needs when issuing requests for proposal of essential air service at seasonal airports."

Effect on Certain Orders

Pub. L. 106–181, title II, §209(c), Apr. 5, 2000, 114 Stat. 95, provided that: "All orders issued by the Secretary [of Transportation] after September 30, 1999, and before the date of the enactment of this Act [Apr. 5, 2000] establishing, modifying, or revoking essential air service levels shall be null and void beginning on the 90th day following such date of enactment. During the 90-day period, the Secretary shall reconsider such orders and shall issue new orders consistent with the amendments made by this section [amending this section and section 41742 of this title]."

§41734. Ending, suspending, and reducing basic essential air service

(a) Notice Required.—Subject to subsection (d), an air carrier may end, suspend, or reduce air transportation to an eligible place below the level of basic essential air service established for that place under section 41733 of this title only after giving the Secretary of Transportation, the appropriate State authority, and the affected communities at least 140 days' notice before ending, suspending, or reducing that transportation.

(b) Continuation of Service for 30 Days After Notice Period.—If at the end of the notice period under subsection (a) of this section the Secretary has not found another air carrier to provide basic essential air service to the eligible place, the Secretary shall require the carrier providing notice to continue to provide basic essential air service to the place for an additional 30-day period or until another carrier begins to provide basic essential air service to the place, whichever occurs first.

(c) Continuation of Service for Additional 30-Day Periods.—If at the end of the 30-day period under subsection (b) of this section the Secretary decides another air carrier will not provide basic essential air service to the place on a continuing basis, the Secretary shall require the carrier providing service to continue to provide service for additional 30-day periods until another carrier begins providing service on a continuing basis. At the end of each 30-day period, the Secretary shall decide if another carrier will provide service on a continuing basis.

(d) Continuation of Compensation After Notice Period.—

(1) In general.—If an air carrier receiving compensation under section 41733 for providing basic essential air service to an eligible place is required to continue to provide service to such place under this section after the 140-day notice period under subsection (a), the Secretary—

(A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a);

(B) may pay an additional amount that represents a reasonable return on investment; and

(C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues.

(2) Authority.—The Secretary may incorporate contract termination penalties or conditions on compensation into a contract for an air carrier to provide service to an eligible place that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service.

(e) Compensation to Air Carriers Originally Providing Service Without Compensation.—If the Secretary requires an air carrier providing basic essential air service to an eligible place without compensation under section 41733 of this title to continue providing that service after the 140-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 140-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs.

(f) Finding Replacement Carriers.—When the Secretary requires an air carrier to continue to provide basic essential air service to an eligible place, the Secretary shall continue to make every effort to find another air carrier to provide at least that basic essential air service to the place on a continuing basis.

(g) Transfer of Authority.—If an air carrier, providing basic essential air service under section 41733 of this title between an eligible place and an airport at which the Administrator of the Federal Aviation Administration limits the number of instrument flight rule takeoffs and landings of aircraft, provides notice under subsection (a) of this section of an intention to end, suspend, or reduce that service and another carrier is found to provide the service, the Secretary shall require the carrier providing notice to transfer any operational authority the carrier has to land or take off at that airport related to the service to the eligible place to the carrier that will provide the service, if—

(1) the carrier that will provide the service needs the authority; and

(2) the authority to be transferred is being used to provide air service to another eligible place.

(h) Nonconsideration of Slot Availability.—In determining what is basic essential air service and in selecting an air carrier to provide such service, the Secretary shall not consider as a factor whether slots at a high density airport are available for providing such service.

(i) Exemption From Hold-In Requirements.—If, after the date of enactment of this subsection, an air carrier commences air transportation to an eligible place that is not receiving scheduled passenger air service as a result of the failure of the eligible place to meet requirements contained in an appropriations Act, the air carrier shall not be subject to the requirements of subsections (b) and (c) with respect to such air transportation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1146; Pub. L. 103–305, title II, §206(c), Aug. 23, 1994, 108 Stat. 1587; Pub. L. 103–429, §6(81), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 108–176, title IV, §401, Dec. 12, 2003, 117 Stat. 2542; Pub. L. 112–95, title IV, §426(b)(1), Feb. 14, 2012, 126 Stat. 98; Pub. L. 118–63, title V, §561(f), May 16, 2024, 138 Stat. 1215.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41734(a)	49 App.:1389(b)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(b)(2), (5)–(8); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1509, 1510.
41734(b)	49 App.:1389(b)(5) (1st sentence).
41734(c)	49 App.:1389(b)(5) (last sentence).
41734(d)	49 App.:1389(b)(6)(A).
41734(e)	49 App.:1389(b)(6)(B).
41734(f)	49 App.:1389(b)(8).
41734(g)	49 App.:1389(b)(7).

In subsection (b), the words "If at the end of the notice period under subsection (a) of this section" are substituted for "If an air carrier has provided notice to the Secretary under paragraph (2) of such air carrier's intention to suspend, terminate, or reduce service to any eligible point below the level of basic essential air service to such point, and if at the conclusion of the applicable period of notice" for clarity and to eliminate unnecessary words.

In subsection (c), the words "either with or without compensation" are omitted as unnecessary. The words "shall require the carrier providing service to continue to provide service for additional 30-day periods" are substituted for "shall extend such requirement for such additional 30-day periods . . . as may be necessary to continue basic essential air service to such eligible point", and the words "the Secretary shall decide if another carrier will provide service on a continuing basis" are substituted for "making the same determination", for clarity.

In subsections (d)(1) and (e)(1), the word "fair" is omitted as being included in "reasonable".

In subsection (d), before clause (1), the words "basic essential air service" are substituted for "air transportation" and "such transportation" for consistency with the source provisions restated in this section. The words "to continue to provide service to the place under this section after the 90-day notice period under subsection (a) of this section" are substituted for "to continue service to such point beyond the date on which such carrier would, but for paragraph (5), be able to suspend, terminate, or reduce such service below the level of basic essential air service to such point" to eliminate unnecessary words.

In subsection (e), before clause (1), the words "basic essential air service" are substituted for "air transportation" for consistency with the source provisions restated in this section. The words "after the end of the 90-day notice period that is" are substituted for "then" for clarity.

In subsection (f), the words "basic essential air service" are substituted for "air transportation which such air carrier has proposed to terminate, reduce, or suspend" for consistency with the source provisions restated in this section.

In subsection (g)(2), the words "the authority to be transferred is being used only to provide air service to the eligible place" are substituted for "unless . . . such authority is being used to provide air service with respect to more than 1 eligible point" for clarity and because of the restatement.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

Amendments

2024—Subsec. (a). Pub. L. 118–63, §561(f)(1), substituted "Subject to subsection (d), an air carrier" for "An air carrier" and "140" for "90".

Subsec. (d). Pub. L. 118–63, §561(f)(2), added subsec. (d) and struck out former subsec. (d) which related to continuation of compensation after 90-day notice period.

Subsec. (e). Pub. L. 118–63, §561(f)(3), substituted "providing that service after the 140-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 140-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs." for "providing that service after the 90-day notice period required by subsection (a) of this section, the Secretary shall provide the carrier with compensation after the end of the 90-day notice period that is sufficient—" and pars. (1) and (2) which read as follows:

"(1) to pay for the fully allocated actual cost to the carrier of performing the basic essential air service that was being provided when the 90-day notice was given under subsection (a) of this section plus a reasonable return on investment that is at least 5 percent of operating costs; and

"(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier is required to provide the service continues."

Subsec. (f). Pub. L. 118–63, §561(f)(4), inserted "air" after "find another".

2012—Subsec. (d). Pub. L. 112–95, in introductory provisions, substituted "provide the carrier with compensation sufficient—" for "continue to pay that compensation after the last day of that period. The Secretary shall pay the compensation until the Secretary finds another carrier to provide the service to the place or the 90th day after the end of that notice period, whichever is earlier. If, after the 90th day after the end of the 90-day notice period, the Secretary has not found another carrier to provide the service, the carrier required to continue to provide that service shall receive compensation sufficient—".

2003—Subsec. (i). Pub. L. 108–176 added subsec. (i).

1994—Subsec. (g)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "the authority to be transferred is being used only to provide air service to the eligible place."

Subsec. (h). Pub. L. 103–305 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–95, title IV, §426(b)(2), Feb. 14, 2012, 126 Stat. 98, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to compensation to air carriers for air service provided after the 30th day following the date of enactment of this Act [Feb. 14, 2012]."

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 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.

Definitions

For definitions of the terms "slot" and "high density airport" used in subsec. (h) of this section, see section 41714(h) of this title.

[§41735. Repealed. Pub. L. 118–63, title V, §561(g), May 16, 2024, 138 Stat. 1216]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1148, related to enhanced essential air service.

§41736. Air transportation to noneligible places

(a) Proposals and Decisions.—(1) A State or local government may propose to the Secretary of Transportation that the Secretary provide compensation to an air carrier to provide air transportation to a place that is not an eligible place under this subchapter. Not later than 90 days after receiving a proposal under this section, the Secretary shall—

(A) decide whether to designate the place as eligible to receive compensation under this section; and

(B)(i) approve the proposal if the State or local government or a person is willing and able to pay 50 percent of the compensation for providing the transportation, and notify the State or local government of the approval; or

(ii) disapprove the proposal if the Secretary decides the proposal is not reasonable under paragraph (2) of this subsection, and notify the State or local government of the disapproval and the reasons for the disapproval.

(2) In deciding whether a proposal is reasonable, the Secretary shall consider, among other factors—

(A) the traffic-generating potential of the place;

(B) the cost to the United States Government of providing the proposed transportation; and

(C) the distance of the place from the closest hub airport.

(b) Approval for Certain Air Transportation.—Notwithstanding subsection (a)(1)(B) of this section, the Secretary shall approve a proposal under this section to compensate an air carrier for providing air transportation to a place in the 48 contiguous States or the District of Columbia and designate the place as eligible for compensation under this section if—

(1) at any time before October 23, 1978, the place was served by a carrier holding a certificate under section 401 of the Federal Aviation Act of 1958;

(2) the place is more than 50 miles from the nearest small hub airport or an eligible place;

(3) the place is more than 150 miles from the nearest hub airport; and

(4) the State or local government submitting the proposal or a person is willing and able to pay 25 percent of the cost of providing the compensated transportation.

Paragraph (4) does not apply to any community approved for service under this section during the period beginning October 1, 1991, and ending December 31, 1997.

(c) Level of Air Transportation.—(1) If the Secretary designates a place under subsection (a)(1) of this section as eligible for compensation under this section, the Secretary shall decide, not later than 6 months after the date of the designation, on the level of air transportation to be provided under this section. Before making a decision, the Secretary shall consider the views of any interested community, the appropriate State authority of the State in which the place is located, and the State or local government or person agreeing to pay compensation for the transportation under subsection (b)(4) of this section.

(2) After making the decision under paragraph (1) of this subsection, the Secretary shall provide notice that any air carrier that is willing to provide the level of air transportation established under paragraph (1) for a place may submit an application to provide the transportation. In selecting an applicant, the Secretary shall consider, among other factors—

(A) the factors listed in section 41733(c)(1) of this title; and

(B) the views of the State or local government or person agreeing to pay compensation for the transportation.

(d) Compensation Payments.—(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides is appropriate. The Secretary shall continue to pay compensation under this section only as long as—

(A) the air carrier maintains the level of air transportation established by the Secretary under subsection (c)(1) of this section;

(B) the State or local government or person agreeing to pay compensation for transportation under this section continues to pay that compensation; and

(C) the Secretary decides the compensation is necessary to maintain the transportation to the place.

(2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or provide other security to ensure that timely payments are made.

(e) Review.—The Secretary shall review periodically the level of air transportation provided under this section. Based on the review and consultation with any interested community, the appropriate State authority of the State in which the community is located, and the State or local government or person paying compensation under this section, the Secretary may make appropriate adjustments in the level of transportation.

(f) Withdrawal of Eligibility Designations.—After providing notice and an opportunity for interested persons to comment, the Secretary may withdraw the designation of a place under subsection (a)(1) of this section as eligible to receive compensation under this section if the place has received air transportation under this section for at least 2 years and the Secretary decides the withdrawal would be in the public interest. The Secretary by regulation shall prescribe standards for deciding whether the withdrawal of a designation under this subsection is in the public interest. The standards shall include the factors listed in subsection (a)(2) of this section.

(g) Ending, Suspending, and Reducing Air Transportation.—An air carrier providing air transportation for compensation under this section may end, suspend, or reduce that transportation below the level of transportation established by the Secretary under this section only after giving the Secretary, the affected community, and the State or local government or person paying compensation under this section at least 30 days' notice before ending, suspending, or reducing the transportation.

(h) Sunset.—

(1) Proposals.—No proposal under subsection (a) may be accepted by the Secretary after the date of enactment of this subsection.

(2) Program.—The Secretary may not provide any compensation under this section after the date that is 2 years after the date of enactment of this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1149; Pub. L. 106–181, title II, §202, Apr. 5, 2000, 114 Stat. 91; Pub. L. 115–254, div. B, title IV, §453(b), Oct. 5, 2018, 132 Stat. 3348.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41736(a)	49 App.:1389(d)(1), (2)(A), (C).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(d); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1513.
41736(b)	49 App.:1389(d)(2)(B).
41736(c)(1)	49 App.:1389(d)(3)(A).
41736(c)(2)	49 App.:1389(d)(4).
41736(d)	49 App.:1389(d)(5), (7), (8).
41736(e)	49 App.:1389(d)(3)(B).
41736(f)	49 App.:1389(d)(2)(D).
41736(g)	49 App.:1389(d)(6).

In subsection (a)(1), before clause (A), the words "that the Secretary provide compensation to an air carrier to provide air transportation" are substituted for "for compensated air transportation in accordance with this subsection" for clarity. In clause (B)(i), the word "transportation" is substituted for "proposed compensated air transportation" to eliminate unnecessary words.

In subsections (c)–(g), the word "transportation" is substituted for "service" for consistency with the source provisions restated in subsections (a) and (b) of this section.

In subsections (c)(1) and (e), the words "appropriate State authority" are substituted for "State agency" for clarity and consistency with the source provisions restated in section 41734(a) of the revised title.

In subsection (d), the text of 49 App.:1389(d)(5) is omitted as unnecessary because of the restatement.

In subsection (f), the word "prescribe" is substituted for "establish" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

References in Text

Section 401 of the Federal Aviation Act of 1958, referred to in subsec. (b)(1), is section 401 of Pub. L. 85–726, which was classified to section 1371 of former Title 49, Transportation, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For disposition of section 1371 of former Title 49, see Table at the beginning of Title 49.

The date of enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Subsec. (h). Pub. L. 115–254 added subsec. (h).

2000—Subsec. (b). Pub. L. 106–181 inserted concluding provisions.

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.

§41737. Compensation guidelines, limitations, and claims

(a) Compensation Guidelines.—(1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation payable under this subchapter. The guidelines shall be used to determine the reasonable amount of compensation required to ensure the continuation of air service or air transportation under this subchapter. The guidelines shall—

(A) provide for a reduction in compensation when an air carrier does not provide service or transportation agreed to be provided;

(B) consider amounts needed by an air carrier to promote public use of the service or transportation for which compensation is being paid;

(C) include expense elements based on representative costs of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which compensation is being provided;

(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and increasing marketing efforts; and

(E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so.

(2) Promotional amounts described in paragraph (1)(B) of this subsection shall be a special, segregated element of the compensation provided to a carrier under this subchapter.

(b) Required Finding.—The Secretary may pay compensation to an air carrier for providing air service or air transportation under this subchapter only if the Secretary finds the carrier is able to provide the service or transportation in a reliable way.

(c) Claims.—Not later than 15 days after receiving a written claim from an air carrier for compensation under this subchapter, the Secretary shall—

(1) pay or deny the United States Government's share of a claim; and

(2) if denying the claim, notify the carrier of the denial and the reasons for the denial.

(d) Authority To Make Agreements and Incur Obligations.—The Secretary may make agreements and incur obligations from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to pay compensation under this subchapter. An agreement by the Secretary under this subsection is a contractual obligation of the Government to pay the Government's share of the compensation.

(e) Adjustments to Account for Significantly Increased Costs.—

(1) In general.—If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation for which compensation is being paid under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.

(2) Readjustment if costs subsequently decline.—If an adjustment is made under paragraph (1), and total unit costs subsequently decrease to at least the total unit cost reflected in the compensation rate, then the Secretary may reverse the adjustment previously made under paragraph (1) without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.

(3) Significantly increased costs defined.—In this subsection, the term "significantly increased costs" means a total unit cost increase (but not increases in individual unit costs) of 10 percent or more in relation to the total unit cost reflected in the compensation rate, based on the carrier's internal audit of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1151; Pub. L. 108–176, title IV, §402(a), Dec. 12, 2003, 117 Stat. 2543; Pub. L. 112–95, title IV, §427(a), Feb. 14, 2012, 126 Stat. 99; Pub. L. 118–63, title V, §561(h), May 16, 2024, 138 Stat. 1216.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41737(a)	49 App.:1389(f).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(e)(2)–(g); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515.
41737(b)	49 App.:1389(e)(2).
41737(c)	49 App.:1389(g).
41737(d)	49 App.:1389(l).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(l); added Nov. 5, 1990, Pub. L. 101–508, §9113(b)(1), 104 Stat. 1388–363.

In subsection (a)(1), before clause (A), the word "prescribe" is substituted for "establish" to eliminate an executed word. The words "air service or air transportation under this subchapter" are substituted for "air service under this section" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clause (C), the words "the service or transportation for which compensation is being provided" are substituted for "such service" for clarity.

In subsection (a)(2), the words "compensation provided to a carrier under this subchapter" are substituted for "required compensation" for clarity.

In subsection (b), the words "air service or air transportation" are substituted for "air service" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.

In subsection (d)(2), the reference to fiscal year 1992 is omitted as obsolete.

Editorial Notes

Amendments

2024—Subsec. (d). Pub. L. 118–63 struck out par. (1) designation before "The Secretary" and par. (2) which read as follows: "Not more than $38,600,000 is available to the Secretary out of the Fund for each of the fiscal years ending September 30, 1993–1998, to incur obligations under this section. Amounts made available under this section remain available until expended."

2012—Subsec. (a)(1)(D), (E). Pub. L. 112–95 added subpars. (D) and (E).

2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176, title IV, §402(b), Dec. 12, 2003, 117 Stat. 2543, provided that: "The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of enactment of this Act [Dec. 12, 2003]."

Emergency Across-the-Board Adjustment to Compensation for Significantly Increased Costs

Pub. L. 112–95, title IV, §426(a), Feb. 14, 2012, 126 Stat. 98; Pub. L. 115–254, div. B, title V, §539(s)(1), Oct. 5, 2018, 132 Stat. 3371, provided that: "Subject to the availability of funds, the Secretary of Transportation may increase the rates of compensation payable to air carriers under subchapter II of chapter 417 of title 49, United States Code, to compensate such carriers for increased aviation fuel costs without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734 of such title."

Deadline for Issuance of Revised Guidance

Pub. L. 112–95, title IV, §427(b), Feb. 14, 2012, 126 Stat. 99, provided that: "Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Secretary of Transportation shall issue revised guidelines governing the rate of compensation payable under subchapter II of chapter 417 that incorporate the amendments made by this section [amending this section]."

§41738. Fitness of air carriers

Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier may provide air service to an eligible place or air transportation to a place designated under section 41736 of this title only when the Secretary of Transportation decides that—

(1) the carrier is fit, willing, and able to perform the service or transportation; and

(2) aircraft used to provide the service or transportation, and operations related to the service or transportation, conform to the safety standards prescribed by the Administrator of the Federal Aviation Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41738	49 App.:1389(e)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(e)(1); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515.

In this section, before clause (1), the words "air transportation to a place" are substituted for "service to a point" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clauses (1) and (2), the words "service or transportation" are substituted for "such service" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.

§41739. Air carrier obligations

If at least 2 air carriers make an agreement to operate under or use a single carrier designator code to provide air transportation, the carrier whose code is being used shares responsibility with the other carriers for the quality of transportation provided the public under the code by the other carriers.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41739	49 App.:1389(i).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(i); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516.

The words "quality of transportation" are substituted for "quality of service" for clarity and consistency in this section.

[§41740. Repealed. Pub. L. 118–63, title V, §561(i), May 16, 2024, 138 Stat. 1216]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 108–176, title IV, §403, Dec. 12, 2003, 117 Stat. 2543, related to joint proposals by 2 or more air carriers for providing air service or air transportation under this subchapter.

§41741. Insurance

The Secretary of Transportation may pay an air carrier compensation under this subchapter only when the carrier files with the Secretary an insurance policy or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay for bodily injury to, or death of, an individual, or for loss of or damage to property of others, resulting from the operation of aircraft, but not more than the amount of the policy or plan limits.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41741	49 App.:1389(h).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(h); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516.

The words "The Secretary of Transportation may pay . . . only when" are substituted for "An air carrier shall not receive . . . unless" for clarity. The words "approved by the Secretary" are substituted for "complies with regulations or orders issued by the Secretary governing the filing and approval" to eliminate unnecessary words. The words "The policy or plan must be sufficient to pay . . . but not more than the amount of the policy or plan limits" are substituted for "in the amount prescribed by the Secretary which are conditioned to pay, within the amount of such insurance, amounts" because of the restatement. The words "for which such air carrier may become liable" are omitted as unnecessary. The word "individual" is substituted for "person" because it is more precise. The word "operation" is substituted for "operation or maintenance" because it is inclusive.

§41742. Essential air service authorization

(a) In General.—

(1) Authorization.—Out of the amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter.

(2) Additional funds.—In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance.

(3) Authorization for additional employees.—In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program.

(b) Distribution of Additional Funds.—Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available under subsection (a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter.

(c) Availability of Funds.—The funds made available under this section shall remain available until expended.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 104–264, title II, §278(c), Oct. 9, 1996, 110 Stat. 3249; Pub. L. 106–181, title II, §209(a), Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title IV, §404, Dec. 12, 2003, 117 Stat. 2543; Pub. L. 112–30, title II, §209, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, §9, Jan. 31, 2012, 126 Stat. 5; Pub. L. 112–95, title IV, §428, Feb. 14, 2012, 126 Stat. 99; Pub. L. 114–55, title I, §107, Sept. 30, 2015, 129 Stat. 524; Pub. L. 114–141, title I, §107, Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, §1107, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §104(a), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §104(a), Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title IV, §451(a), Oct. 5, 2018, 132 Stat. 3347; Pub. L. 118–15, div. B, title II, §2206(a), Sept. 30, 2023, 137 Stat. 85; Pub. L. 118–34, title I, §106(a), Dec. 26, 2023, 137 Stat. 1115; Pub. L. 118–41, title I, §106(a), Mar. 8, 2024, 138 Stat. 23; Pub. L. 118–63, title V, §566, May 16, 2024, 138 Stat. 1219.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41742	49 App.:1389(m).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(m); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517; Nov. 5, 1990, Pub. L. 101–508, §9113(b)(1), 104 Stat. 1388–363.

Editorial Notes

References in Text

Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a)(2), is classified to section 9502 of Title 26, Internal Revenue Code.

Amendments

2024—Subsec. (a)(2). Pub. L. 118–63 substituted "$348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028" for "$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023, and $216,192,407 for the period beginning on October 1, 2023, and ending on May 10, 2024,".

Pub. L. 118–41 substituted "$216,192,407 for the period beginning on October 1, 2023, and ending on May 10, 2024," for "$155,115,628 for the period beginning on October 1, 2023, and ending on March 8, 2024,".

2023—Subsec. (a)(2). Pub. L. 118–34 substituted "$155,115,628 for the period beginning on October 1, 2023, and ending on March 8, 2024," for "$89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,".

Pub. L. 118–15 substituted "2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023," for "2023".

2018—Subsec. (a)(2). Pub. L. 115–254 substituted "$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023" for "$150,000,000 for fiscal year 2011, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014, $93,000,000 for fiscal year 2015, $175,000,000 for each of fiscal years 2016 and 2017, and $150,000,000 for fiscal year 2018".

Pub. L. 115–141 substituted "2016 and 2017, and $150,000,000 for fiscal year 2018" for "2016 and 2017, and $74,794,521 for the period beginning on October 1, 2017, and ending on March 31, 2018,".

2017—Subsec. (a)(2). Pub. L. 115–63 substituted "$175,000,000 for each of fiscal years 2016 and 2017, and $74,794,521 for the period beginning on October 1, 2017, and ending on March 31, 2018," for "and $175,000,000 for each of fiscal years 2016 and 2017".

2016—Subsec. (a)(2). Pub. L. 114–190 substituted "fiscal year 2014, $93,000,000 for fiscal year 2015, and $175,000,000 for each of fiscal years 2016 and 2017" for "fiscal year 2014, $93,000,000 for fiscal year 2015, and $122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016,".

Pub. L. 114–141 substituted "$122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016," for "$77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,".

2015—Subsec. (a)(2). Pub. L. 114–55 substituted "$93,000,000 for fiscal year 2015, and $77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016," for "and $93,000,000 for fiscal year 2015".

2012—Subsec. (a)(1). Pub. L. 112–95, §428(a)(1), inserted "for each fiscal year" before "is authorized" and substituted "under this subchapter" for "under this subchapter for each fiscal year".

Subsec. (a)(2). Pub. L. 112–95, §428(a)(2), substituted ", $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014, and $93,000,000 for fiscal year 2015" for "and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,".

Pub. L. 112–91 substituted "and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012," for "and $50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012,".

Subsec. (b). Pub. L. 112–95, §428(b), amended subsec. (b) generally. Prior to amendment, text read as follows: "Notwithstanding any other provision of law, moneys credited to the account established under section 45303(a) of this title, including the funds derived from fees imposed under the authority contained in section 45301(a) of this title, shall be used to carry out the essential air service program under this subchapter. Notwithstanding section 47114(g) of this title, any amounts from those fees that are not obligated or expended at the end of the fiscal year for the purpose of funding the essential air service program under this subchapter shall be made available to the Administration for use in improving rural air safety under subchapter I of chapter 471 of this title and shall be used exclusively for projects at rural airports under this subchapter."

Subsec. (c). Pub. L. 112–95, §428(c), added subsec. (c).

2011—Subsec. (a)(2). Pub. L. 112–30 substituted "there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $150,000,000 for fiscal year 2011 and $50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012," for "there is authorized to be appropriated $77,000,000 for each fiscal year".

2003—Subsec. (a)(2). Pub. L. 108–176, §404(1), substituted "$77,000,000" for "$15,000,000" and inserted "of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance" before period at end.

Subsec. (a)(3). Pub. L. 108–176, §404(2), added par. (3).

Subsec. (c). Pub. L. 108–176, §404(3), struck out heading and text of subsec. (c). Text read as follows: "Notwithstanding subsections (a) and (b), in fiscal year 1997, amounts in excess of $75,000,000 that are collected in fees pursuant to section 45301(a)(1) of this title shall be available for the essential air service program under this subchapter, in addition to amounts specifically provided for in appropriations Acts."

2000—Subsec. (a). Pub. L. 106–181 designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).

1996—Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating that this subchapter was not effective after Sept. 30, 1998.

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 1996 Amendment

Amendment by Pub. L. 104–264 effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as a note under section 106 of this title.

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.

Funding for Essential Air Service Program

Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 644, provided in part: "That no funds made available under section 41742 of title 49, United States Code, and no funds made available in this Act [div. C of Pub. L. 112–55, see Tables for classification] or any other Act in any fiscal year, shall be available to carry out the essential air service program under sections 41731 through 41742 of such title 49 in communities in the 48 contiguous States unless the community received subsidized essential air service or received a 90-day notice of intent to terminate service and the Secretary required the air carrier to continue to provide service to the community at any time between September 30, 2010, and September 30, 2011, inclusive".

Findings

Pub. L. 104–264, title II, §278(b), Oct. 9, 1996, 110 Stat. 3249, provided that: "Congress finds that—

"(1) air service in rural areas is essential to a national and international transportation network;

"(2) the rural air service infrastructure supports the safe operation of all air travel;

"(3) rural air service creates economic benefits for all air carriers by making the national aviation system available to passengers from rural areas;

"(4) rural air service has suffered since deregulation;

"(5) the essential air service program under the Department of Transportation—

"(A) provides essential airline access to rural and isolated rural communities throughout the Nation;

"(B) is necessary for the economic growth and development of rural communities;

"(C) is a critical component of the national and international transportation system of the United States; and

"(D) has endured serious funding cuts in recent years; and

"(6) a reliable source of funding must be established to maintain air service in rural areas and the essential air service program."

§41743. Airports not receiving sufficient service

(a) Small Community Air Service Development Program.—The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service.

(b) Application Required.—In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—

(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and

(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.

(c) Criteria for Participation.—In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria:

(1) Size.—On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—

(A) is not larger than a small hub airport, as determined using the Department of Transportation's most recently published classification; and

(B) has—

(i) insufficient air carrier service; or

(ii) unreasonably high air fares.

(2) Characteristics.—The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a).

(3) State limit.—Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year.

(4) Overall limit.—

(A) In general.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program.

(B) Same projects.—Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 5-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time.

(C) Exception.—The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium.

(5) Priorities.—The Secretary shall give priority to communities or consortia of communities where—

(A) air fares are higher than the average air fares for all communities;

(B) the community has demonstrated support from at least 1 air carrier to provide service;

(C) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;

(D) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;

(E) the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited;

(F) the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes);

(G) the assistance will be used in a timely fashion; and

(H) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport.

(d) Types of Assistance.—The Secretary may use amounts made available under this section—

(1) to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal;

(2) to provide assistance to an underserved airport, or an airport where air service has been terminated or substantially reduced, to obtain service to and from the underserved airport; and

(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities.

(e) Authority To Make Agreements.—

(1) In general.—The Secretary may make agreements to provide assistance under this section. The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project or the community's current air service needs.

(2) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $15,000,000 for each of fiscal years 2024 through 2028, to carry out this section. Such sums shall remain available until expended.

(f) Designation of Responsible Official.—The Secretary shall designate an employee of the Department of Transportation—

(1) to function as a facilitator between small communities and air carriers;

(2) to carry out this section;

(3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;

(4) to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities; and

(5) to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.

(Added Pub. L. 106–181, title II, §203(a), Apr. 5, 2000, 114 Stat. 92; amended Pub. L. 108–11, title II, §2708, Apr. 16, 2003, 117 Stat. 601; Pub. L. 108–176, title II, §225(b)(3), title IV, §412, Dec. 12, 2003, 117 Stat. 2529, 2551; Pub. L. 110–330, §5(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–69, §5(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–249, §5(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 112–30, title II, §205(b), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(b), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title IV, §429, Feb. 14, 2012, 126 Stat. 100; Pub. L. 114–190, title I, §1102(e), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, §104(b), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §104(b), Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title IV, §455, Oct. 5, 2018, 132 Stat. 3349; Pub. L. 118–15, div. B, title II, §2206(b), Sept. 30, 2023, 137 Stat. 85; Pub. L. 118–34, title I, §106(b), Dec. 26, 2023, 137 Stat. 1115; Pub. L. 118–41, title I, §106(b), Mar. 8, 2024, 138 Stat. 23; Pub. L. 118–63, title V, §562, May 16, 2024, 138 Stat. 1217.)

Editorial Notes

Amendments

2024—Subsec. (c)(4)(B). Pub. L. 118–63, §562(1)(A), substituted "5-year" for "10-year".

Subsec. (c)(5)(B) to (E). Pub. L. 118–63, §562(1)(B)(i), (ii), added subpar. (B) and redesignated former subpars. (B) to (D) as (C) to (E), respectively. Former subpar. (E) redesignated (F).

Subsec. (c)(5)(F). Pub. L. 118–63, §562(1)(B)(i), (iii), redesignated subpar. (E) as (F) and inserted "or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)" after "terminated". Former subpar. (F) redesignated (G).

Subsec. (c)(5)(G), (H). Pub. L. 118–63, §562(1)(B)(i), redesignated subpars. (F) and (G) as (G) and (H), respectively.

Subsec. (d)(1). Pub. L. 118–63, §562(2)(A), inserted ", which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal" after "3 years".

Subsec. (d)(2). Pub. L. 118–63, §562(2)(B), inserted ", or an airport where air service has been terminated or substantially reduced," before "to obtain service".

Subsec. (e)(1). Pub. L. 118–63, §562(3)(A), inserted "or the community's current air service needs" after "the project".

Subsec. (e)(2). Pub. L. 118–63, §562(3)(B), substituted "$15,000,000 for each of fiscal years 2024 through 2028" for "$10,000,000 for each of fiscal years 2018 through 2023, and $6,092,896 for the period beginning on October 1, 2023, and ending on May 10, 2024".

Pub. L. 118–41 substituted "$6,092,896 for the period beginning on October 1, 2023, and ending on May 10, 2024," for "$4,371,585 for the period beginning on October 1, 2023, and ending on March 8, 2024,".

Subsec. (f). Pub. L. 118–63, §562(5), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: "Under the program established under subsection (a), the Secretary shall work with air carriers providing service to participating communities and major air carriers (as defined in section 41716(a)(2)) serving large hub airports to facilitate joint-fare arrangements consistent with normal industry practice."

Subsec. (g). Pub. L. 118–63, §562(5), redesignated subsec. (g) as (f).

Subsec. (g)(4). Pub. L. 118–63, §562(4), struck out "and the creation of aviation development zones" after "small communities".

Subsec. (h). Pub. L. 118–63, §562(5), struck out subsec. (h). Text read as follows: "The Secretary shall designate an airport in the program as an Air Service Development Zone and work with the community or consortium on means to attract business to the area surrounding the airport, to develop land use options for the area, and provide data, working with the Department of Commerce and other agencies."

2023—Subsec. (e)(2). Pub. L. 118–34 substituted "$4,371,585 for the period beginning on October 1, 2023, and ending on March 8, 2024," for "$2,513,661 for the period beginning on October 1, 2023, and ending on December 31, 2023,".

Pub. L. 118–15 inserted ", and $2,513,661 for the period beginning on October 1, 2023, and ending on December 31, 2023," after "fiscal years 2018 through 2023".

2018—Subsec. (c)(1). Pub. L. 115–254, §455(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "For calendar year 1997, the airport serving the community or consortium was not larger than a small hub airport, and—

"(A) had insufficient air carrier service; or

"(B) had unreasonably high air fares."

Subsec. (c)(4). Pub. L. 115–254, §455(a)(2), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program. No community, consortia of communities, nor combination thereof may participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project."

Subsec. (c)(5)(E) to (G). Pub. L. 115–254, §455(a)(3), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.

Subsec. (e)(1). Pub. L. 115–254, §455(b), inserted at end "The Secretary may amend the scope of a grant agreement at the request of the community or consortium and any participating air carrier, and may limit the scope of a grant agreement to only the elements using grant assistance or to only the elements achieved, if the Secretary determines that the amendment is reasonably consistent with the original purpose of the project."

Subsec. (e)(2). Pub. L. 115–254, §455(c), amended par. (2) generally. Prior to amendment, text read as follows: "There is authorized to be appropriated to the Secretary $6,000,000 for each of fiscal years 2012 through 2017 and $10,000,000 for fiscal year 2018 to carry out this section. Such sums shall remain available until expended."

Pub. L. 115–141 substituted "2012 through 2017 and $10,000,000 for fiscal year 2018" for "2012 through 2017 and $4,986,301 for the period beginning on October 1, 2017, and ending on March 31, 2018,".

2017—Subsec. (e)(2). Pub. L. 115–63 inserted "and $4,986,301 for the period beginning on October 1, 2017, and ending on March 31, 2018," after "fiscal years 2012 through 2017".

2016—Subsec. (e)(2). Pub. L. 114–190 substituted "2017" for "2015".

2012—Subsec. (c)(5)(F). Pub. L. 112–95, §429(a), added subpar. (F).

Subsec. (e)(2). Pub. L. 112–95, §429(b), amended par. (2) generally. Prior to amendment, par. (2) provided for authorization of appropriations for fiscal years 2001 through 2011 and for the portion of fiscal year 2012 ending before Feb. 18, 2012.

Pub. L. 112–91 substituted "and $2,295,082 for the portion of fiscal year 2012 ending before February 18, 2012," for "and $2,016,393 for the portion of fiscal year 2012 ending before February 1, 2012,".

2011—Subsec. (e)(2). Pub. L. 112–30 substituted "$35,000,000 for each of fiscal years 2004 through 2011, and $2,016,393 for the portion of fiscal year 2012 ending before February 1, 2012," for "and $35,000,000 for each of fiscal years 2004 through 2011".

2010—Subsec. (e)(2). Pub. L. 111–249 substituted "2011" for "2010".

2009—Subsec. (e)(2). Pub. L. 111–69 substituted "2010" for "2009".

2008—Subsec. (e)(2). Pub. L. 110–330 substituted "2009" for "2008".

2003—Subsec. (a). Pub. L. 108–176, §412(1), (2), struck out "Pilot" before "Program" in heading and "pilot" before "program" in text.

Subsec. (c)(1). Pub. L. 108–176, §225(b)(3)(A), struck out "(as that term is defined in section 41731(a)(5))" after "small hub airport" in introductory provisions.

Subsec. (c)(3). Pub. L. 108–176, §412(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: "No more than four communities or consortia of communities, or a combination thereof, may be located in the same State."

Subsec. (c)(4). Pub. L. 108–176, §412(3)(B), inserted at end "No community, consortia of communities, nor combination thereof may participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project."

Pub. L. 108–11 inserted before period at end "in each year for which funds are appropriated for the program".

Subsec. (c)(5)(E). Pub. L. 108–176, §412(3)(C), added subpar. (E).

Subsec. (e)(2). Pub. L. 108–176, §412(4), substituted "fiscal year 2001," for "fiscal year 2001 and" and inserted ", and $35,000,000 for each of fiscal years 2004 through 2008" after "2003".

Subsec. (f). Pub. L. 108–176, §§225(b)(3)(B), 412(5), struck out "pilot" after "Under the" and "(as defined in section 41731(a)(3))" after "large hub airports".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

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.

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.

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

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.

[§41744. Repealed. Pub. L. 118–63, title V, §561(j), May 16, 2024, 138 Stat. 1216]

Section, added Pub. L. 106–181, title II, §204(a), Apr. 5, 2000, 114 Stat. 93; amended Pub. L. 108–176, title II, §225(b)(4), Dec. 12, 2003, 117 Stat. 2529, related to preservation of basic essential air service at single carrier dominated hub airports.

§41745. Community and regional choice programs

(a) Alternate Essential Air Service Pilot Program.—

(1) Establishment.—The Secretary of Transportation shall establish an alternate essential air service pilot program in accordance with the requirements of this section.

(2) Assistance to eligible places.—In carrying out the program, the Secretary, instead of paying compensation to an air carrier to provide essential air service to an eligible place, may provide assistance directly to a unit of local government having jurisdiction over the eligible place or a State within the boundaries of which the eligible place is located.

(3) Use of assistance.—A unit of local government or State receiving assistance for an eligible place under the program may use the assistance for any of the following purposes:

(A) To provide assistance to air carriers that will use smaller equipment to provide the service and to consider increasing the frequency of service using such smaller equipment if the Secretary determines that passenger safety would not be compromised by the use of such smaller equipment and if the State or unit of local government waives the minimum service requirements under section 41732(b).

(B) To provide assistance to an air carrier to provide on-demand air taxi service to and from the eligible place.

(C) To provide assistance to a person to provide scheduled or on-demand surface transportation to and from the eligible place and an airport in another place.

(D) In combination with other units of local government in the same region, to provide transportation services to and from all the eligible places in that region at an airport or other transportation center that can serve all the eligible places in that region.

(E) To pay for other transportation or related services that the Secretary may permit.

(b) Applications.—

(1) In general.—An entity seeking to participate in a program under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require.

(2) Required information.—At a minimum, the application shall include—

(A) a statement of the amount of compensation or assistance required; and

(B) a description of how the compensation or assistance will be used.

(c) Participation Requirements.—An eligible place for which compensation or assistance is provided under this section in a fiscal year shall not be eligible in that fiscal year for the essential air service that it would otherwise be entitled to under this subchapter.

(d) Subsequent Participation.—A unit of local government participating in the program under this subsection (a) in a fiscal year shall not be prohibited from participating in the basic essential air service program under this subchapter in a subsequent fiscal year if such unit is otherwise eligible to participate in such program.

(e) Funding.—Amounts appropriated or otherwise made available to carry out the essential air service program under this subchapter shall be available to carry out this section.

(Added Pub. L. 108–176, title IV, §405, Dec. 12, 2003, 117 Stat. 2544; amended Pub. L. 118–63, title V, §561(k), May 16, 2024, 138 Stat. 1216.)

Editorial Notes

Amendments

2024—Subsec. (a)(3)(E), (F). Pub. L. 118–63, §561(k)(1), redesignated subpar. (F) as (E) and struck out former subpar. (E) which read as follows: "To purchase aircraft to provide transportation to and from the eligible place or to purchase a fractional share in an aircraft to provide such transportation after the effective date of a rule the Secretary issues relating to fractional ownership."

Subsecs. (b) to (g). Pub. L. 118–63, §561(k)(2), (3), redesignated subsecs. (d) to (g) as (b) to (e), respectively, and struck out former subsecs. (b) and (c) which related to community flexibility pilot program and fractionally owned aircraft, respectively.

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.

§41746. Tracking service

The Secretary of Transportation shall require a carrier that provides essential air service to an eligible place and that receives compensation for such service under this subchapter to report not less than semiannually—

(1) the percentage of flights to and from the place that arrive on time as defined by the Secretary; and

(2) such other information as the Secretary considers necessary to evaluate service provided to passengers traveling to and from such place.

(Added Pub. L. 108–176, title IV, §407, Dec. 12, 2003, 117 Stat. 2545.)

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.

[§41747. Repealed. Pub. L. 112–95, title IV, §430, Feb. 14, 2012, 126 Stat. 100]

Section, added Pub. L. 108–176, title IV, §408(a), Dec. 12, 2003, 117 Stat. 2546, related to the EAS local participation program.

[§41748. Repealed. Pub. L. 118–63, title V, §561(l), May 16, 2024, 138 Stat. 1217]

Section, added Pub. L. 108–176, title IV, §410(b), Dec. 12, 2003, 117 Stat. 2548, established a marketing incentive program for eligible places that received subsidized service by an air carrier under section 41733.

Another section 410(b) of Pub. L. 108–176 amended the table of sections at the beginning of this chapter.

SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM

§41761. Purpose

The purpose of this subchapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of Federal credit instruments, to commuter air carriers that purchase regional jet aircraft for use in serving those markets.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96.)

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.

§41762. Definitions

In this subchapter, the following definitions apply:

(1) Air carrier.—The term "air carrier" means any air carrier holding a certificate of public convenience and necessity issued by the Secretary of Transportation under section 41102.

(2) Aircraft purchase.—The term "aircraft purchase" means the purchase of commercial transport aircraft, including spare parts normally associated with the aircraft.

(3) Capital reserve subsidy amount.—The term "capital reserve subsidy amount" means the amount of budget authority sufficient to cover estimated long-term cost to the United States Government of a Federal credit instrument, calculated on a net present value basis, excluding administrative costs and any incidental effects on Government receipts or outlays in accordance with provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(4) Commuter air carrier.—The term "commuter air carrier" means an air carrier that primarily operates aircraft designed to have a maximum passenger seating capacity of 75 or less in accordance with published flight schedules.

(5) Federal credit instrument.—The term "Federal credit instrument" means a secured loan, loan guarantee, or line of credit authorized to be made under this subchapter.

(6) Financial obligation.—The term "financial obligation" means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of an aircraft purchase, other than a Federal credit instrument.

(7) Lender.—The term "lender" means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation) known as Rule 144A(a) of the Security and Exchange Commission and issued under the Security Act of 1933 (15 U.S.C. 77a et seq.)), including—

(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and

(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.

(8) Line of credit.—The term "line of credit" means an agreement entered into by the Secretary with an obligor under section 41763(d) to provide a direct loan at a future date upon the occurrence of certain events.

(9) Loan guarantee.—The term "loan guarantee" means any guarantee or other pledge by the Secretary under section 41763(c) to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.

(10) New entrant air carrier.—The term "new entrant air carrier" means an air carrier that has been providing air transportation according to a published schedule for less than 5 years, including any person that has received authority from the Secretary to provide air transportation but is not providing air transportation.

(11) Obligor.—The term "obligor" means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.

(12) Regional jet aircraft.—The term "regional jet aircraft" means a civil aircraft—

(A) powered by jet propulsion; and

(B) designed to have a maximum passenger seating capacity of not less than 30 nor more than 75.

(13) Secured loan.—The term "secured loan" means a direct loan funded by the Secretary in connection with the financing of an aircraft purchase under section 41763(b).

(14) Underserved market.—The term "underserved market" means a passenger air transportation market (as defined by the Secretary) that—

(A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport;

(B) is not within a 40-mile radius of an airport that each year has at least .25 percent of the total annual boardings in the United States; and

(C) the Secretary determines does not have sufficient air service.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96; amended Pub. L. 108–176, title II, §225(b)(5), Dec. 12, 2003, 117 Stat. 2529.)

Editorial Notes

References in Text

The Federal Credit Reform Act of 1990, referred to in par. (3), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.

The Security Act of 1933, referred to in par. (7), probably means the Securities Act of 1933, title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.

Sections 414(d) and 4974(c) of the Internal Revenue Code of 1986, referred to in par. (7), are classified to sections 414(d) and 4974(c), respectively, of Title 26, Internal Revenue Code.

Amendments

2003—Pars. (11) to (16). Pub. L. 108–176 redesignated pars. (12), (13), (14), and (16) as (11), (12), (13), and (14), respectively, and struck out former pars. (11) and (15), which defined "nonhub airport" and "small hub airport", 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.

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.

§41763. Federal credit instruments

(a) In General.—Subject to this section and section 41766, the Secretary of Transportation may enter into agreements with one or more obligors to make available Federal credit instruments, the proceeds of which shall be used to finance aircraft purchases.

(b) Secured Loans.—

(1) Terms and limitations.—

(A) In general.—A secured loan under this section with respect to an aircraft purchase shall be on such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

(B) Maximum amount.—No secured loan may be made under this section—

(i) that extends to more than 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts) of the aircraft, including spare parts, to be purchased; or

(ii) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding credit to any single obligor.

(C) Final payment date.—The final payment on the secured loan shall not be due later than 18 years after the date of execution of the loan agreement.

(D) Subordination.—The secured loan may be subordinate to claims of other holders of obligations in the event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the Secretary.

(E) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all or a portion of the administrative costs to the United States Government of making a secured loan under this section. The proceeds of such fees shall be deposited in an account to be used by the Secretary for the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.

(2) Repayment.—

(A) Schedule.—The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from aircraft revenues and other repayment sources.

(B) Commencement.—Scheduled loan repayments of principal and interest on a secured loan under this section shall commence no later than 3 years after the date of execution of the loan agreement.

(3) Prepayment.—

(A) Use of excess revenue.—After satisfying scheduled debt service requirements on all financial obligations and secured loans and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing financial obligations, the secured loan may be prepaid at anytime without penalty.

(B) Use of proceeds of refinancing.—The secured loan may be prepaid at any time without penalty from proceeds of refinancing from non-Federal funding sources.

(c) Loan Guarantees.—

(1) In general.—A loan guarantee under this section with respect to a loan made for an aircraft purchase shall be made in such form and on such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

(2) Maximum amount.—No loan guarantee shall be made under this section—

(A) that extends to more than the unpaid interest and 50 percent of the unpaid principal on any loan;

(B) that, for any loan or combination of loans, extends to more than 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts) of the aircraft, including spare parts, to be purchased with the loan or loan combination;

(C) on any loan with respect to which terms permit repayment more than 15 years after the date of execution of the loan; or

(D) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding credit to any single obligor.

(3) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all or a portion of the administrative costs to the United States Government of making a loan guarantee under this section. The proceeds of such fees shall be deposited in an account to be used by the Secretary for the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.

(d) Lines of Credit.—

(1) In general.—Subject to the requirements of this subsection, the Secretary may enter into agreements to make available lines of credit to one or more obligors in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any aircraft purchase selected under this section.

(2) Terms and limitations.—

(A) In general.—A line of credit under this subsection with respect to an aircraft purchase shall be on such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate.

(B) Maximum amount.—

(i) Total amount.—The amount of any line of credit shall not exceed 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts) of the aircraft, including spare parts.

(ii) 1–year draws.—The amount drawn in any year shall not exceed 20 percent of the total amount of the line of credit.

(C) Draws.—Any draw on the line of credit shall represent a direct loan.

(D) Period of availability.—The line of credit shall be available not more than 5 years after the aircraft purchase date.

(E) Rights of third-party creditors.—

(i) Against united states government.—A third-party creditor of the obligor shall not have any right against the United States Government with respect to any draw on the line of credit.

(ii) Assignment.—An obligor may assign the line of credit to one or more lenders or to a trustee on the lender's behalf.

(F) Subordination.—A direct loan under this subsection may be subordinate to claims of other holders of obligations in the event of bankruptcy, insolvency, or liquidation of the obligor as determined appropriate by the Secretary.

(G) Fees.—The Secretary, subject to appropriations, may establish fees at a level sufficient to cover all of a portion of the administrative costs to the United States Government of providing a line of credit under this subsection. The proceeds of such fees shall be deposited in an account to be used by the Secretary for the purpose of administering the program established under this subchapter and shall be available upon deposit until expended.

(3) Repayment.—

(A) Schedule.—The Secretary shall establish a repayment schedule for each direct loan under this subsection.

(B) Commencement.—Scheduled loan repayments of principal or interest on a direct loan under this subsection shall commence no later than 3 years after the date of the first draw on the line of credit and shall be repaid, with interest, not later than 18 years after the date of the first draw.

(e) Risk Assessment.—Before entering into an agreement under this section to make available a Federal credit instrument, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for the Federal credit instrument based on such credit evaluations as the Secretary deems necessary.

(f) Conditions.—Subject to subsection (h), the Secretary may only make a Federal credit instrument available under this section if the Secretary finds that—

(1) the aircraft to be purchased with the Federal credit instrument is a regional jet aircraft needed to improve the service and efficiency of operation of a commuter air carrier or new entrant air carrier;

(2) the commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier to use the aircraft to provide service to underserved markets; and

(3) the prospective earning power of the commuter air carrier or new entrant air carrier, together with the character and value of the security pledged, including the collateral value of the aircraft being acquired and any other assets or pledges used to secure the Federal credit instrument, furnish—

(A) reasonable assurances of the air carrier's ability and intention to repay the Federal credit instrument within the terms established by the Secretary—

(i) to continue its operations as an air carrier; and

(ii) to the extent that the Secretary determines to be necessary, to continue its operations as an air carrier between the same route or routes being operated by the air carrier at the time of the issuance of the Federal credit instrument; and

(B) reasonable protection to the United States.

(g) Limitation on Combined Amount of Federal Credit Instruments.—The Secretary shall not allow the combined amount of Federal credit instruments available for any aircraft purchase under this section to exceed—

(1) 50 percent of the cost of the aircraft purchase; or

(2) $100,000,000 for any single obligor.

(h) Requirement.—Subject to subsection (i), no Federal credit instrument may be made under this section for the purchase of any regional jet aircraft that does not comply with the stage 3 noise levels of part 36 of title 14 of the Code of Federal Regulations, as in effect on January 1, 1999.

(i) Other Limitations.—No Federal credit instrument shall be made by the Secretary under this section for the purchase of a regional jet aircraft unless the commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier to provide scheduled passenger air transportation to the underserved market for which the aircraft is purchased for a period of not less than 36 consecutive months after the date that aircraft is placed in service.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 97.)

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.

§41764. Use of Federal facilities and assistance

(a) Use of Federal Facilities.—To permit the Secretary of Transportation to make use of such expert advice and services as the Secretary may require in carrying out this subchapter, the Secretary may use available services and facilities of other agencies and instrumentalities of the United States Government—

(1) with the consent of the appropriate Federal officials; and

(2) on a reimbursable basis.

(b) Assistance.—The head of each appropriate department or agency of the United States Government shall exercise the duties and powers of that head in such manner as to assist in carrying out the policy specified in section 41761.

(c) Oversight.—The Secretary shall make available to the Comptroller General of the United States such information with respect to any Federal credit instrument made under this subchapter as the Comptroller General may require to carry out the duties of the Comptroller General under chapter 7 of title 31, United States Code.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)

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.

§41765. Administrative expenses

In carrying out this subchapter, the Secretary shall use funds made available by appropriations to the Department of Transportation for the purpose of administration, in addition to the proceeds of any fees collected under this subchapter, to cover administrative expenses of the Federal credit instrument program under this subchapter.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)

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.

§41766. Funding

Of the amounts appropriated under section 106(k) for each of fiscal years 2001 through 2003, such sums as may be necessary may be used to carry out this subchapter, including administrative expenses.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)

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.

§41767. Termination

(a) Authority To Issue Federal Credit Instruments.—The authority of the Secretary of Transportation to issue Federal credit instruments under section 41763 shall terminate on the date that is 5 years after the date of the enactment of this subchapter.

(b) Continuation of Authority To Administer Program for Existing Federal Credit Instruments.—On and after the termination date, the Secretary shall continue to administer the program established under this subchapter for Federal credit instruments issued under this subchapter before the termination date until all obligations associated with such instruments have been satisfied.

(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)

Editorial Notes

References in Text

The date of the enactment of this subchapter, referred to in subsec. (a), 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.

CHAPTER 419—TRANSPORTATION OF MAIL

        

        

        

Editorial Notes

Amendments

2008—Pub. L. 110–405, §2(b)(8), Oct. 13, 2008, 122 Stat. 4289, redesignated items 41906, 41909, and 41910 as 41905 "Emergency mail transportation", 41906, and 41907 "Weighing mail", respectively.

Pub. L. 110–405, §2(b)(8), Oct. 13, 2008, 122 Stat. 4289, which directed redesignation of item 49112 as 41908, was executed by redesignating item 41912 as 41908 "Effect of foreign postal arrangements" to reflect the probable intent of Congress.

¹ Section catchline amended by Pub. L. 110–405 without corresponding amendment of chapter analysis.

² Section repealed by Pub. L. 110–405 without corresponding amendment of chapter analysis.

§41901. General authority

(a) Title 39.—The United States Postal Service may provide for the transportation of mail by aircraft in interstate air transportation under section 5402(e) and (f) of title 39, and in foreign air transportation under section 5402(b) and (c) of title 39.

(b) Authority To Prescribe Prices.—Except as provided in section 5402 of title 39, on the initiative of the Secretary of Transportation or on petition by the Postal Service or an air carrier, the Secretary shall prescribe and publish—

(1) after notice and an opportunity for a hearing on the record, reasonable prices to be paid by the Postal Service for the transportation of mail by aircraft between places in Alaska, the facilities used in and useful for the transportation of mail, and the services related to the transportation of mail for each carrier holding a certificate that authorizes that transportation;

(2) the methods used, whether by aircraft-mile, pound-mile, weight, space, or a combination of those or other methods, to determine the prices for each air carrier or class of air carriers; and

(3) the effective date of the prices.

(c) Other Transportation.—In prescribing prices under subsection (b) of this section, the Secretary may include transportation other than by aircraft that is incidental to transportation of mail by aircraft or necessary because of emergency conditions related to aircraft operations.

(d) Authority To Prescribe Different Prices.—Considering conditions peculiar to transportation by aircraft and to particular air carriers or classes of air carriers, the Secretary may prescribe different prices under this section for different air carriers or classes of air carriers and for different classes of service. In prescribing a price for a carrier under this section, the Secretary shall consider, among other factors, the following:

(1) the condition that the carrier may hold and operate under a certificate authorizing the transportation of mail only by providing necessary and adequate facilities and service for the transportation of mail.

(2) standards related to the character and quality of service to be provided that are prescribed by or under law.

(e) Statements on Prices.—A petition for prescribing a reasonable price under this section must include a statement of the price the petitioner believes is reasonable.

(f) Statements on Required Services.—The Postal Service shall introduce as part of the record in every proceeding under this section a comprehensive statement of the services to be required of the air carrier and other information the Postal Service has that the Secretary considers material to the proceeding.

(Pub. L. 103–272, §§1(e), 4(k)(1), (2), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 104–52, title VI, §631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 107–206, title III, §3002(e)(2), Aug. 2, 2002, 116 Stat. 924; Pub. L. 110–405, §2(b)(1), (2), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes
Pub. L. 103–272, §1(e)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41901(a)	49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air transportation less words between parentheses).	Aug. 23, 1958, Pub. L. 85–726, §406(a), 72 Stat. 763; Nov. 9, 1977, Pub. L. 95–163, §13, 91 Stat. 1282.
	49 App.:1551(b)(1)(D).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(D); added Oct. 4, 1984, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 4, 1984, Pub. L. 98–443, §3(d), 98 Stat. 1704.
41901(b)	49 App.:1376(a) (1st sentence related to foreign and Alaska air transportation less words between parentheses, 2d, last sentences).
	49 App.:1376(c).	Aug. 23, 1958, Pub. L. 85–726, §406(c), 72 Stat. 764; Oct. 24, 1978, Pub. L. 95–504, §24(b), 92 Stat. 1725.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
41901(c)	49 App.:1376(a) (1st sentence words between parentheses).
41901(d)	49 App.:1376(b).	Aug. 23, 1958, Pub. L. 85–726, §406(b), 72 Stat. 763; July 10, 1962, Pub. L. 87–528, §5, 76 Stat. 145; Oct. 15, 1966, Pub. L. 89–670, §8(a), 80 Stat. 942; Nov. 9, 1977, Pub. L. 95–163, §12(a), 91 Stat. 1282; Oct. 24, 1978, Pub. L. 95–504, §§24(a), 25(a), 92 Stat. 1725.
	49 App.:1376(d).	Aug. 23, 1958, Pub. L. 85–726, §406(d), (e), 72 Stat. 764.
	49 App.:1551(b)(1)(D), (E).
41901(e)	49 App.:1376(e) (1st sentence).
41901(f)	49 App.:1376(e) (last sentence).
	49 App.:1551(b)(1)(D), (E).
41901(g)	49 App.:1551(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, 1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, 3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.
	49 App.:1553(c).	Oct. 4, 1984, Pub. L. 98–443, §4(c), 98 Stat. 1705; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §4(c) of Civil Aeronautics Board Sunset Act of 1984), 102 Stat. 2155.

In this section, the word "prescribe" is substituted for "fix and determine" and "fixing and determining" for consistency in the revised title and with other titles of the United States Code. The word "reasonable" is substituted for "fair and reasonable" for consistency in the revised title and to eliminate an unnecessary word. See the revision notes following 49:10101.

Subsection (a) is substituted for 49 App.:1551(b)(1)(D) to make clear that the United States Postal Service derives its authority to provide for the transportation of mail by aircraft in interstate transportation from 39:5402(d) and (f). The text of 49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air transportation less words between parentheses) is omitted as superseded by 39:5402(d).

In subsection (b), before clause (1), the words "Except as provided in section 5402 of title 39" are added for clarity. The words "from time to time" in 49 App.:1376(a) are omitted as surplus. The text of 49 App.:1376(a) (2d, last sentences) is omitted as executed. In clauses (1) and (2), the word "prices" is substituted for "rates of compensation" for consistency in this part. In clause (1), the words "an opportunity for a hearing on the record" are substituted for "hearing" for clarity and consistency with subsection (f) of this section. The words "to be paid by the Postal Service" are substituted for "The United States Postal Service shall make payments . . . of so much of the total compensation as is fixed and determined by the Board under this section without regard to clause (3) of subsection (b) of this section" in 49 App.:1376(c) to eliminate unnecessary words because the text of 49 App.:1376(b) (2d sentence words after 2d semicolon) is being omitted. See the revision notes for subsection (d) of this section. The words "out of appropriations for the transportation of mail by aircraft" are omitted as being superseded by chapters 20 and 24 of title 39, United States Code. The text of 49 App.:1376(c) (2d sentence) is omitted as expired because of 49 App.:1376(c) (last sentence). The text of 49 App.:1376(c) (last sentence) is omitted as executed. The words "and to make such rates effective from such date as it shall determine to be proper" in 49 App.:1376(a) are omitted because the power to determine when rates go into effect is included in the power to prescribe rates. The words "transportation of mail by aircraft in foreign air transportation or between places in Alaska" are substituted for "transportation of mail by aircraft" because 49 App.:1551(b)(1)(D) and (E) provides that transportation of mail in interstate or overseas air transportation (except transportation of mail between 2 places in Alaska) is transferred to the jurisdiction of the United States Postal Service leaving the balance of authority under 49 App.:1376(a) with the Secretary of Transportation.

In subsections (c), (d), and (f), reference to service provided by the Postal Service is omitted as obsolete because of 39:5402(d).

In subsection (c), the words "In prescribing prices under subsection (b) of this section, the Secretary" are added for clarity.

In subsection (d), the text of 49 App.:1376(b) (2d sentence words after 2d semicolon, 5th–7th sentences) and (d) is omitted as obsolete because under 49 App.:1376(c) and 1376a, payments by the Board under 49 App.:1376 were terminated. The text of 49 App.:1376(b) (3d, 4th sentences) is omitted as obsolete because it applies only to rates paid for service performed between October 24, 1978, and January 1, 1983. The text of 49 App.:1376(b) (last sentence) is omitted as executed.

Subsection (g) is substituted for 49 App.:1551(b)(3) and 1553(c) because the date on which the authority of the Secretary of Transportation to provide for the transportation of mail by aircraft expires is set out in 39:5402(f). The source provisions of 49 App.:1551(b)(3) providing for the transfer of that authority from the Secretary to the Postal Service are restated in section 5(k) of this bill.

Pub. L. 103–272, §4(k)(1), (2)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41901(b)(1), (g)	49 App.:1551(a)(8).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155.
	49 App.:1551(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–405, §2(b)(1), substituted "39, and in foreign air transportation under section 5402(b) and (c) of title 39." for "39."

Subsec. (b)(1). Pub. L. 110–405, §2(b)(2), struck out "in foreign air transportation or" after "aircraft".

2002—Subsec. (a). Pub. L. 107–206 substituted "5402(e)" for "5402(d)".

1999—Subsecs. (b)(1), (g). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.

1995—Subsec. (g). Pub. L. 104–52 struck out subsec. (g) which read as follows: "Expiration Date.—The authority of the Secretary under this part and section 5402 of title 39 providing for the transportation of mail by aircraft between places in Alaska expires on the date specified in section 5402(f) of title 39."

1994—Subsec. (b)(1). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation," for "foreign air transportation or between places in Alaska,", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Subsec. (g). Pub. L. 103–272, §4(k)(2), which directed the amendment of this section by striking out subsec. (g), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

§41902. Schedules for certain transportation of mail

(a) Requirement.—Except as provided in section 41905 of this title and section 5402 of title 39, an air carrier may transport mail by aircraft between places in Alaska only under a schedule designated or required to be established under subsection (c) of this section for the transportation of mail.

(b) Statements on Places and Schedules.—Every air carrier shall file with the United States Postal Service a statement showing—

(1) the places between which the carrier is authorized to transport mail in Alaska;

(2) every schedule of aircraft regularly operated by the carrier between places described in paragraph (1) and every change in each schedule; and

(3) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each such place.

(c) Designating and Additional Schedules.—The Postal Service may—

(1) designate any schedule of an air carrier filed under subsection (b)(2) of this section for the transportation of mail between the places between which the carrier is authorized by its certificate to transport mail; and

(2) require the carrier to establish additional schedules for the transportation of mail between those places.

(d) Changing Schedules.—A schedule designated or required to be established for the transportation of mail under subsection (c) of this section may be changed only after 10 days' notice of the change is filed as provided in subsection (b)(2) of this section. The Postal Service may disapprove a proposed change in a schedule or amend or modify the schedule or proposed change.

(Pub. L. 103–272, §§1(e), 4(k)(1), (3), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 103–429, §7(a)(3)(D), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, §2(b)(3), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, §539(f), Oct. 5, 2018, 132 Stat. 3370.)

Historical and Revision Notes
Pub. L. 103–272, §1(e)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41902(a)	49 App.:1375(b) (last sentence).	Aug. 23, 1958, Pub. L. 85–726, §405(b), 72 Stat. 760.
	49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §405(b)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.
41902(b)	49 App.:1375(b) (1st sentence).
	49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E).
41902(c)	49 App.:1375(b) (2d sentence).
41902(d)	49 App.:1375(b) (3d, 4th sentences).
41902(e)	49 App.:1375(b) (5th–7th sentences).
	49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E).
41902(f)	49 App.:1375(b) (8th sentence).
	49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E).

In this chapter, the word "places" is substituted for "points" for consistency in the revised title. The words "United States Postal Service" and "Postal Service" are substituted for "Postmaster General" in sections 401, 405, and 406 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754, 760) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783).

In subsection (a), the words "Except as provided in section 41906 of this title and section 5402 of title 39" are added because section 41906 of the revised title and 39:5402 contain exceptions to the provisions restated in this subsection. The words "transport mail by aircraft in foreign air transportation or between places in Alaska" are substituted for "transport mail" because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska).

In subsection (b), before clause (1), the words "from time to time" are omitted as surplus. Clauses (1) and (2) are substituted for "to engage in air transportation" because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). In clause (4), the words "between places described in clauses (1) and (2) of this subsection and every change in each schedule" are substituted for "between such points" for clarity.

In subsection (c)(1), the words "any schedule of an air carrier filed under subsection (b)(3) of this section" are substituted for "any such schedule" for clarity.

In subsection (c)(2), the words "by order" are omitted as surplus.

In subsection (d), the word "alter" is omitted as being included in "amend, or modify".

In subsection (e), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title. The words "appeal the order" are substituted for "apply . . . for a review of such order" for consistency in the revised title and with other titles of the United States Code. The words "The Board may review, and" are omitted as surplus. The words "amend, modify" are substituted for "amend, revise" for consistency in the revised title.

Subsection (f) is substituted for 49 App.:1375(b) (8th sentence) to reflect the transfer of functions of the Civil Aeronautics Board to the Secretary of Transportation.

Pub. L. 103–272, §4(k)(1), (3)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41902(a), (b)	49 App.:1551(a)(8).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155.
	49 App.:1551(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 substituted "section 41905" for "section 41906".

2008—Subsec. (a). Pub. L. 110–405, §2(b)(3)(A), struck out "in foreign air transportation or" after "aircraft".

Subsec. (b). Pub. L. 110–405, §2(b)(3)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "Every air carrier shall file with the Secretary of Transportation and the United States Postal Service a statement showing—

"(1) the places between which the carrier is authorized to provide foreign air transportation;

"(2) the places between which the carrier is authorized to transport mail in Alaska;

"(3) every schedule of aircraft regularly operated by the carrier between places described in clauses (1) and (2) of this subsection and every change in each schedule; and

"(4) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each place."

Subsecs. (c)(1), (d). Pub. L. 110–405, §2(b)(3)(C), substituted "subsection (b)(2)" for "subsection (b)(3)".

Subsecs. (e), (f). Pub. L. 110–405, §2(b)(3)(D), struck out subsecs. (e) and (f) which read as follows:

"(e) Orders.—An order of the Postal Service under this section may become effective only after 10 days after the order is issued. A person adversely affected by the order may appeal the order to the Secretary before the end of the 10-day period under regulations the Secretary prescribes. If the public convenience and necessity require, the Secretary may amend, modify, suspend, or cancel the order. Pending a decision about the order, the Secretary may postpone the effective date of the order.

"(f) Proceedings Preferences.—The Secretary shall give preference to a proceeding under this section over all other proceedings before the Secretary under this subpart."

1999—Subsecs. (a), (b)(2) to (4). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.

1994—Subsec. (a). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation" for "foreign air transportation or between places in Alaska", effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Subsec. (b)(2) to (4). Pub. L. 103–272, §4(k)(3), as amended by Pub. L. 103–429, which directed the amendment of subsec. (b) by redesignating par. (3) as (2) and substituting "clause (1)" for "clauses (1) and (2)", striking out former par. (2) which read as follows: "the places between which the carrier is authorized to transport mail in Alaska;", and redesignating par. (4) as (3), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

Effective Date of 1994 Amendment

Pub. L. 103–429, §7(a), Oct. 31, 1994, 108 Stat. 4388, provided in part that the amendment made by that section is effective July 5, 1994.

§41903. Duty to provide certain transportation of mail

(a) Air Carriers.—Subject to subsection (b) of this section, an air carrier authorized by its certificate to transport mail by aircraft between places in Alaska shall—

(1) provide facilities and services necessary and adequate to provide that transportation; and

(2) transport mail between the places authorized in the certificate for transportation of mail when required, and under regulations prescribed, by the United States Postal Service.

(b) Maximum Mail Load.—The Secretary of Transportation may prescribe the maximum mail load for a schedule or for an aircraft or type of aircraft for the transportation of mail by aircraft between places in Alaska. If the Postal Service tenders to an air carrier mail exceeding the maximum load for transportation by the carrier under a schedule designated or required to be established for the transportation of mail under section 41902(c) of this title, the carrier, as nearly in accordance with the schedule as the Secretary decides is possible, shall—

(1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and

(2) transport that mail.

(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1154, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, §2(b)(4), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes
Pub. L. 103–272, §1(e)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41903(a)	49 App.:1371(l).	Aug. 23, 1958, Pub. L. 85–726, §§401(l), 405(c), (d), 72 Stat. 757, 761.
	49 App.:1375(d).
	49 App.:1551(a)(4)(A) (related to 49 App.:1371(l), 1375(d)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §§401(l), 405(c), (d)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703.
41903(b)	49 App.:1375(c).
	49 App.:1551(a)(4)(A) (related to 49 App.:1375(c)).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), before clause (1), the words "Subject to subsection (b) of this section" are added for clarity because subsection (b) limits the effect of this section. The words "transport mail by aircraft in foreign air transportation or between places in Alaska" are substituted for "the transportation of mail" in 49 App.:1371(l) and "the transportation of mail by aircraft" in 49 App.:1375(d) because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(l) and 1375(d) no longer apply to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). Clause (2) is substituted for "shall transport mail whenever required by the United States Postal Service" in 49 App.:1371(l) and the text of 49 App.:1375(d) for clarity and to eliminate unnecessary words. The text of 49 App.:1371(l) (last sentence) is omitted as surplus because section 41901 of the revised title specifies how the rates of compensation are determined.

In subsection (b), before clause (1), the words "transportation of mail by aircraft in foreign air transportation or between places in Alaska" are added because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(c) no longer applies to interstate or overseas air transportation of mail (except transportation of mail between 2 places in Alaska).

Pub. L. 103–272, §4(k)(1)

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41903	49 App.:1551(a)(8).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155.
	49 App.:1551(b)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.

Editorial Notes

Amendments

2008—Subsecs. (a), (b). Pub. L. 110–405 struck out "in foreign air transportation or" before "between places in Alaska" in introductory provisions.

1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.

1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation" for "foreign air transportation or between places in Alaska" in introductory provisions of subsecs. (a) and (b), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.

§41904. Noncitizens transporting mail

When the United States Postal Service decides that it may be necessary to have a person not a citizen of the United States transport mail by aircraft between two points outside the United States, the Postal Service may make an arrangement with the person, without advertising, to provide the transportation. Nothing in this section shall affect the authority of the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155; Pub. L. 110–405, §2(b)(5), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41904	49 App.:1375(e)(2).	Aug. 23, 1958, Pub. L. 85–726, §405(e)(2), 72 Stat. 761.

The words "who may not be obligated to transport the mail for a foreign country" are omitted for simplicity and clarity because the omitted words impose no requirement or qualification that is meaningful.

Editorial Notes

Amendments

2008—Pub. L. 110–405 struck out "to or in foreign countries" after "mail" in section catchline, substituted "between two points outside the United States" for "to or in a foreign country", and inserted "Nothing in this section shall affect the authority of the Postal Service to make arrangements with noncitizens for the carriage of mail in foreign air transportation under subsections 5402(b) and (c) of title 39." after "transportation."

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

§41905. Emergency mail transportation

(a) Contract Authority.—In an emergency caused by a flood, fire, or other disaster, the United States Postal Service may make a contract without advertising to transport mail by aircraft to or from a locality affected by the emergency when the available facilities of persons authorized to transport mail to or from the locality are inadequate to meet the requirements of the Postal Service during the emergency. The contract may be only for periods necessary to maintain mail service because of the inadequacy of the facilities. Payment for transportation provided under the contract shall be made at prices provided in the contract.

(b) Transportation Not Air Transportation.—Transportation provided under a contract made under subsection (a) of this section is not air transportation within the meaning of this part.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, §41906; renumbered §41905, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41906(a)	49 App.:1375(h) (1st, 2d, last sentences).	Aug. 23, 1958, Pub. L. 85–726, §405(h), 72 Stat. 762.
41906(b)	49 App.:1375(h) (3d sentence).

In subsection (a), the word "disaster" is substituted for "calamitous visitation" for consistency in the revised title and with other titles of the United States Code. The words "any or all classes of" and "of compensation" are omitted as surplus. The words "from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts" are omitted as superseded by 39:chs. 20 and 24. The authority of the Postal Service under this section is in addition to the authority of the Postal Service under 39:5001.

In subsection (b), the words "Transportation provided" are substituted for "operation" for consistency in this chapter.

Editorial Notes

Prior Provisions

A prior section 41905, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, related to regulating air carrier transportation of foreign mail, prior to repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments

2008—Pub. L. 110–405 renumbered section 41906 of this title as this section.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

§41906. Duty to oppose unreasonable prices under the Universal Postal Union Convention

The Secretary of State and the United States Postal Service shall—

(1) take appropriate action to ensure that the prices paid for transporting mail under the Universal Postal Union Convention are not higher than reasonable prices for transporting mail; and

(2) oppose any existing or proposed Universal Postal Union price that is higher than a reasonable price for transporting mail.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156, §41909; renumbered §41906, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41909	49 App.:1376(h)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §406(h)(2); added Jan. 3, 1975, Pub. L. 93–623, §4, 88 Stat. 2103.

The words "necessary and" are omitted as being included in the word "appropriate". The words "each" and "all" are omitted as surplus. The words "transporting mail" are substituted for "such services" for consistency in this section. The word "reasonable" is substituted for "fair and reasonable" for consistency in the revised title and to eliminate an unnecessary word. See revision notes following 49:10101.

Editorial Notes

Prior Provisions

A prior section 41906 was renumbered section 41905 of this title.

Statutory Notes and Related Subsidiaries

Amendments

2008—Pub. L. 110–405 renumbered section 41909 of this title as this section.

§41907. Weighing mail

The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations necessary in the interest of mail service. When the Secretary of Transportation decides that additional or more frequent weighings of mail are advisable or necessary to carry out this part, the Postal Service shall provide the weighings, but it is not required to provide them for continuous periods of more than 30 days.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, §41910; renumbered §41907 and amended Pub. L. 110–405, §2(b)(6), (7)(B), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, §539(g), Oct. 5, 2018, 132 Stat. 3370.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41910	49 App.:1376(f).	Aug. 23, 1958, Pub. L. 85–726, §406(f), 72 Stat. 764.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The text of 49 App.:1376(f) (2d sentence) is omitted as surplus because of 39:chs. 4 and 10. The words "upon request of the Board" are omitted as surplus because the Secretary of Transportation makes the determination. The words "therefor in like manner" are omitted as surplus.

Editorial Notes

Prior Provisions

A prior section 41907, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, related to prices for foreign transportation of mail, prior to repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments

2018—Pub. L. 115–254 substituted "and administrative" for "and –administrative".

2008—Pub. L. 110–405, §2(b)(7)(B), renumbered section 41910 of this title as this section.

Pub. L. 110–405, §2(b)(6), substituted "The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and –administrative computations necessary in the interest of mail service." for "The United States Postal Service may weigh mail transported by aircraft and make statistical and administrative computations necessary in the interest of mail service."

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

§41908. Effect on foreign postal arrangements

This part does not—

(1) affect an arrangement made by the United States Government with the postal administration of a foreign country related to the transportation of mail by aircraft; or

(2) impair the authority of the United States Postal Service to make such an arrangement.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, §41912; renumbered §41908, Pub. L. 110–405, §2(b)(7)(B), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41912	49 App.:1375(e)(1).	Aug. 23, 1958, Pub. L. 85–726, §405(e)(1), 72 Stat. 761.

In clause (1), the words "abrogate or" are omitted as being included in "affect".

Editorial Notes

Prior Provisions

A prior section 41908, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156, related to prices for transporting mail of foreign countries, prior to repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments

2008—Pub. L. 110–405, which directed the amendment of this chapter by renumbering section 49112 as this section, was executed by renumbering section 41912 of this title as this section to reflect the probable intent of Congress.

[§41909. Renumbered §41906]

[§41910. Renumbered §41907]

[§41911. Repealed. Pub. L. 110–405, §2(b)(7)(A), Oct. 13, 2008, 122 Stat. 4289]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, related to evidence of providing mail service.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as an Effective Date of 2008 Amendment note under section 101 of Title 39, Postal Service.

[§41912. Renumbered §41908]

CHAPTER 421—LABOR-MANAGEMENT PROVISIONS

SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM ¹

        

        

SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS

        

SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

        

Amendments

2000—Pub. L. 106–181, title V, §519(b), Apr. 5, 2000, 114 Stat. 149, added heading for subchapter III and item 42121.

¹ Subchapter I repealed by Pub. L. 105–220 without corresponding amendment of chapter analysis.

[SUBCHAPTER I—REPEALED]

[§§42101 to 42106. Repealed. Pub. L. 105–220, title I, §199(a)(6), Aug. 7, 1998, 112 Stat. 1059]

Section 42101, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, defined terms in subchapter.

Section 42102, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1158, related to payments to eligible protected employees.

Section 42103, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159, related to duty to hire protected employees.

Section 42104, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389, related to congressional review of regulations.

Section 42105, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, related to Airline Employees Protective Account.

Section 42106, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, provided ending effective date for subchapter.

SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS

§42111. Mutual aid agreements

An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—

(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses;

(2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and

(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
42111	49 App.:1382(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(c); added Oct. 24, 1978, Pub. L. 95–504, §29(a), 92 Stat. 1730; Feb. 15, 1980, Pub. L. 96–192, §11(2), 94 Stat. 39; Oct. 4, 1984, Pub. L. 98–443, §9(s), 98 Stat. 1708.
	49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(c)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703.

In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words "For purposes of this subsection, the term . . . (A) 'mutual aid agreement' means" are omitted because of the restatement. The words "contract or", "which are parties to such contract or agreement", and "during which" are omitted as surplus. The word "providing" is substituted for "engaging in" for consistency. The words "service in" are omitted as surplus. The words "No air carrier shall enter into any mutual aid agreement with any other air carrier" are omitted as surplus. In clause (1), the words "For purposes of this subsection, the term . . .  (B) 'direct operating expenses' includes" are omitted because of the restatement. The words "for any period" and "during such period" are omitted as surplus. In clause (2), the words "under the agreement" and "during any labor strike" are omitted as surplus.

Editorial Notes

References in Text

The Railway Labor Act, referred to in par. (3), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

§42112. Labor requirements of air carriers

(a) Definitions.—In this section—

(1) "copilot" means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a copilot.

(2) "pilot" means an employee who is—

(A) responsible for manipulating or who manipulates the flight controls of an aircraft when under way, including the landing and takeoff of an aircraft; and

(B) qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot.

(b) Duties of Air Carriers.—An air carrier shall—

(1) maintain rates of compensation, maximum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air transportation in the 48 contiguous States and the District of Columbia to conform with decision number 83, May 10, 1934, National Labor Board, notwithstanding any limitation in that decision on the period of its effectiveness;

(2) maintain rates of compensation for its pilots and copilots who are providing foreign air transportation or air transportation only in one territory or possession of the United States; and

(3) comply with title II of the Railway Labor Act (45 U.S.C. 181 et seq.) as long as it holds its certificate.

(c) Minimum Annual Rate of Compensation.—A minimum annual rate under subsection (b)(2) of this section may not be less than the annual rate required to be paid for comparable service to a pilot or copilot under subsection (b)(1) of this section.

(d) Collective Bargaining.—This section does not prevent pilots or copilots of an air carrier from obtaining by collective bargaining higher rates of compensation or more favorable working conditions or relations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
42112(a)	49 App.:1371(k)(5).	Aug. 23, 1958, Pub. L. 85–726, §401(k), 72 Stat. 756.
42112(b), (c)	49 App.:1371(k)(1), (2), (4).
42112(d)	49 App.:1371(k)(3).

In subsection (a), the words "properly" and "currently" are omitted as surplus.

In subsection (b), the word "providing" is substituted for "engaged in" for consistency in the revised title. In clause (1), the words "48 contiguous States and the District of Columbia" are substituted for "the continental United States (not including Alaska)" for clarity and consistency in the revised title. In clause (2), the words "overseas or" are omitted as obsolete. The word "only" is substituted for "wholly" for consistency. In clause (3), the words "as long as it holds" are substituted for "upon the holding" for clarity.

In subsection (c), the words "under subsection (b)(1) of this section" are substituted for "said decision 83 . . . engaged in interstate air transportation within the continental United States (not including Alaska)" to eliminate unnecessary words.

In subsection (d), the words "or other employees" are omitted as unnecessary because this section only applies to pilots and copilots.

Editorial Notes

References in Text

The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577. Title II of the Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (§181 et seq.) of chapter 8 of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Statutory Notes and Related Subsidiaries

Labor Integration

Pub. L. 110–161, div. K, title I, §117, Dec. 26, 2007, 121 Stat. 2382, provided that:

"(a) Labor Integration.—With respect to any covered transaction involving two or more covered air carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers; except that—

"(1) if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section; and

"(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.

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

"(1) Air carrier.—The term 'air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.

"(2) Covered air carrier.—The term 'covered air carrier' means an air carrier that is involved in a covered transaction.

"(3) Covered employee.—The term 'covered employee' means an employee who—

"(A) is not a temporary employee; and

"(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).

"(4) Covered transaction.—The term 'covered transaction' means—

"(A) a transaction for the combination of multiple air carriers into a single air carrier; and which

"(B) involves the transfer of ownership or control of—

"(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or

"(ii) 50 percent or more (by value) of the assets of the air carrier.

"(c) Application.—This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of enactment of this Act [Dec. 26, 2007].

"(d) Effectiveness of Provision.—This section shall become effective on the date of enactment of this Act and shall continue in effect in fiscal years after fiscal year 2008."

SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM

§42121. Protection of employees providing air safety information

(a) Prohibited Discrimination.—A holder of a certificate under section 44704 or 44705 of this title, or a contractor, subcontractor, or supplier of such holder, may not discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—

(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;

(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety under this subtitle or any other law of the United States;

(3) testified or is about to testify in such a proceeding; or

(4) assisted or participated or is about to assist or participate in such a proceeding.

(b) Department of Labor and Federal Aviation Administration Complaint Procedure.—

(1) Filing and notification.—A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 90 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named in the complaint and the Administrator of the Federal Aviation Administration of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).

(2) Investigation; preliminary order.—

(A) In general.—Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. If the Secretary of Labor concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.

(B) Requirements.—

(i) Required showing by complainant.—The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

(ii) Showing by employer.—Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

(iii) Criteria for determination by secretary.—The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.

(iv) Prohibition.—Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.

(3) Final order.—

(A) Deadline for issuance; settlement agreements.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation.

(B) Remedy.—If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such violation to—

(i) take affirmative action to abate the violation;

(ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and

(iii) provide compensatory damages to the complainant.

If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.

(C) Frivolous complaints.—If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer a reasonable attorney's fee not exceeding $1,000.

(4) Review.—

(A) Appeal to court of appeals.—Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.

(B) Limitation on collateral attack.—An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.

(5) Enforcement of order.—Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor and the Administrator of the Federal Aviation Administration shall consult with each other to determine the most appropriate action to be taken, in which—

(A) the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order, for which, in actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, injunctive relief and compensatory damages; and

(B) the Administrator of the Federal Aviation Administration may assess a civil penalty pursuant to section 46301.

(6) Enforcement of order by parties.—

(A) Commencement of action.—A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.

(B) Attorney fees.—The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate.

(c) Mandamus.—Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code.

(d) Nonapplicability to Deliberate Violations.—Subsection (a) shall not apply with respect to an employee of a holder of a certificate issued under section 44704 or 44705, or a contractor or subcontractor thereof, who, acting without direction from such certificate-holder, contractor, or subcontractor (or such person's agent), deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the United States.

(e) Contractor Defined.—In this section, the term "contractor" means—

(1) a person that performs safety-sensitive functions by contract for an air carrier or commercial operator; or

(2) a person that performs safety-sensitive functions related to the design or production of an aircraft, aircraft engine, propeller, appliance, or component thereof by contract for a holder of a certificate issued under section 44704.

(Added Pub. L. 106–181, title V, §519(a), Apr. 5, 2000, 114 Stat. 145; amended Pub. L. 116–260, div. V, title I, §118, Dec. 27, 2020, 134 Stat. 2337; Pub. L. 118–63, title III, §370, May 16, 2024, 138 Stat. 1139.)

Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–63, §370(1), substituted "Department of Labor and Federal Aviation Administration Complaint Procedure" for "Department of Labor Complaint Procedure" in heading. Text quoted in directory language of amendment was editorially conformed to the style of the heading.

Subsec. (b)(5). Pub. L. 118–63, §370(2), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages."

2020—Subsec. (a). Pub. L. 116–260, §118(1), added subsec. (a) and struck out former subsec. (a) which related to discrimination against airline employees.

Subsec. (d). Pub. L. 116–260, §118(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "Subsection (a) shall not apply with respect to an employee of an air carrier, contractor, or subcontractor who, acting without direction from such air carrier, contractor, or subcontractor (or such person's agent), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States."

Subsec. (e). Pub. L. 116–260, §118(3), added subsec. (e) and struck out former subsec. (e) which defined the term "contractor" as a company that performs safety-sensitive functions by contract for an air carrier.

Statutory Notes and Related Subsidiaries

Effective Date

Subchapter 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.

CHAPTER 423—PASSENGER AIR SERVICE IMPROVEMENTS

        

Editorial Notes

Amendments

2024—Pub. L. 118–63, title V, §§503(b), 504(c), 505(b)(2), 506(b), May 16, 2024, 138 Stat. 1190–1193, added items 42305 to 42308.

2018—Pub. L. 115–254, div. B, title IV, §428(b), Oct. 5, 2018, 132 Stat. 3341, added item 42304.

Statutory Notes and Related Subsidiaries

Reimbursement for Incurred Costs

Pub. L. 118–63, title V, §512, May 16, 2024, 138 Stat. 1195, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall direct all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies regarding reimbursement for lodging, transportation between such lodging and the airport, and meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.

"(b) Definition of Significantly Delayed.—In this section, the term 'significantly delayed' means, with respect to air transportation, the departure or arrival at the originally ticketed destination associated with such transportation has changed—

"(1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and

"(2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.

"(c) Rule of Construction.—Nothing in this section shall be construed as providing the Secretary with any additional authorities beyond the authority to require air carriers [to] establish the policies referred to in subsection (a)."

Streamlining of Offline Ticket Disclosures

Pub. L. 118–63, title V, §513, May 16, 2024, 138 Stat. 1196, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall take such action as may be necessary to update the process by which an air carrier or ticket agent is required to fulfill disclosure obligations in ticketing transactions for air transportation not completed through a website.

"(b) Requirements.—The process updated under subsection (a) shall—

"(1) include means of referral to the applicable air carrier website with respect to disclosures related to air carrier optional fees and policies;

"(2) include a means of referral to the website of the Department of Transportation with respect to any other required disclosures to air transportation passengers;

"(3) make no changes to air carrier or ticket agent obligations with respect to—

"(A) section 41712(c) of title 49, United States Code; or

"(B) subsections (a) and (b) of section 399.84 of title 14, Code of Federal Regulations (or any successor regulations); and

"(4) require disclosures referred to in paragraphs (1) and (2) to be made in the manner existing prior to the date of enactment of this Act upon passenger request.

"(c) Air Carrier Defined.—In this section, the term 'air carrier' has the meaning given such term in section 40102(a) of title 49, United States Code."

Advisory Committee on Air Ambulance and Patient Billing

Pub. L. 115–254, div. B, title IV, §418, Oct. 5, 2018, 132 Stat. 3334, provided that:

"(a) In General.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall establish an advisory committee for the purpose of reviewing options to improve the disclosure of charges and fees for air medical services, better inform consumers of insurance options for such services, and protect consumers from balance billing.

"(b) Composition of the Advisory Committee.—The advisory committee shall be composed of the following members:

"(1) The Secretary of Transportation, or the Secretary's designee.

"(2) The Secretary of Health and Human Services, or the Secretary's designee.

"(3) One representative, to be appointed by the Secretary of Transportation, of each of the following:

"(A) Each relevant Federal agency, as determined by the Secretary of Transportation.

"(B) State insurance regulators[.]

"(C) Health insurance providers.

"(D) Patient advocacy groups.

"(E) Consumer advocacy groups.

"(F) Physician[s] specializing in emergency, trauma, cardiac, or stroke.

"(4) Three representatives, to be appointed by the Secretary of Transportation, to represent the various segments of the air ambulance industry.

"(5) Additional three representatives not covered under paragraphs (1) through (4), as determined necessary and appropriate by the Secretary.

"(c) Consultation.—The advisory committee shall, as appropriate, consult with relevant experts and stakeholders not captured in [subsection] (b) while conducting its review.

"(d) Recommendations.—The advisory committee shall make recommendations with respect to disclosure of charges and fees for air ambulance services and insurance coverage, consumer protection and enforcement authorities of both the Department of Transportation and State authorities, and the prevention of balance billing to consumers. The recommendations shall address, at a minimum—

"(1) the costs, benefits, practicability, and impact on all stakeholders of clearly distinguishing between charges for air transportation services and charges for non-air transportation services in bills and invoices, including the costs, benefits, and practicability of—

"(A) developing cost-allocation methodologies to separate charges for air transportation services from charges for non-air transportation services; and

"(B) formats for bills and invoices that clearly distinguish between charges for air transportation services and charges for non-air transportation services;

"(2) options, best practices, and identified standards to prevent instances of balance billing such as improving network and contract negotiation, dispute resolution between health insurance and air medical service providers, and explanation of insurance coverage and subscription programs to consumers;

"(3) steps that can be taken by State legislatures, State insurance regulators, State attorneys general, and other State officials as appropriate, consistent with current legal authorities regarding consumer protection;

"(4) recommendations made by the Comptroller General study, GAO–17–637, including what additional data from air ambulance providers and other sources should be collected by the Department of Transportation to improve its understanding of the air ambulance market and oversight of the air ambulance industry for the purposes of pursuing action related to unfair or deceptive practices or unfair methods of competition, which may include—

"(A) cost data;

"(B) standard charges and payments received per transport;

"(C) whether the provider is part of a hospital-sponsored program, municipality-sponsored program, hospital-independent partnership (hybrid) program, or independent program;

"(D) number of transports per base and helicopter;

"(E) market shares of air ambulance providers inclusive of any parent or holding companies;

"(F) any data indicating the extent of competition among air ambulance providers on the basis of price and service;

"(G) prices assessed to consumers and insurers for air transportation and any non-transportation services provided by air ambulance providers; and

"(H) financial performance of air ambulance providers;

"(5) definitions of all applicable terms that are not defined in statute or regulations; and

"(6) other matters as determined necessary or appropriate.

"(e) Report.—Not later than 180 days after the date of the first meeting of the advisory committee, the advisory committee shall submit to the Secretary of Transportation, the Secretary of Health and Human Services, and 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 containing the recommendations made under subsection (d).

"(f) Rulemaking.—Upon receipt of the report under subsection (e), the Secretary of Transportation shall consider the recommendations of the advisory committee and issue regulations or other guidance as deemed necessary—

"(1) to require air ambulance providers to regularly report data to the Department of Transportation;

"(2) to increase transparency related to Department of Transportation actions related to consumer complaints; and

"(3) to provide other consumer protections for customers of air ambulance providers.

"(g) Elimination of Advisory Council on Transportation Statistics.—The Advisory Council on Transportation Statistics shall terminate on the date of enactment of this Act [Oct. 5, 2018]."

Refunds for Other Fees That Are Not Honored by a Covered Air Carrier

Pub. L. 115–254, div. B, title IV, §421, Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall promulgate regulations that require each covered air carrier to promptly provide a refund to a passenger of any ancillary fees paid for services related to air travel that the passenger does not receive, including on the passenger's scheduled flight, on a subsequent replacement itinerary if there has been a rescheduling, or for a flight not taken by the passenger."

[For definition of "covered air carrier" as used in section 421 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Advance Boarding During Pregnancy

Pub. L. 115–254, div. B, title IV, §422, Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall review air carrier policies regarding traveling during pregnancy and, if appropriate, may revise regulations, as the Secretary considers necessary, to require an air carrier to offer advance boarding of an aircraft to a pregnant passenger who requests such assistance."

TICKETS Act

Pub. L. 115–254, div. B, title IV, §425, Oct. 5, 2018, 132 Stat. 3338, provided that:

"(a) Short Title.—This section may be cited as the 'Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2018' or the 'TICKETS Act'.

"(b) Boarded Passengers.—Beginning on the date of enactment of this Act [Oct. 5, 2018], a covered air carrier may not deny a revenue passenger traveling on a confirmed reservation permission to board, or involuntarily remove that passenger from the aircraft, once a revenue passenger has—

"(1) checked in for the flight prior to the check-in deadline; and

"(2) had their ticket or boarding pass collected or electronically scanned and accepted by the gate agent.

"(c) Limitations.—The prohibition pursuant to subsection (b) shall not apply when—

"(1) there is a safety, security, or health risk with respect to that revenue passenger or there is a safety or security issue requiring removal of a revenue passenger; or

"(2) the revenue passenger is engaging in behavior that is obscene, disruptive, or otherwise unlawful.

"(d) Rule of Construction.—Nothing in this section may be construed to limit or otherwise affect the responsibility or authority of a pilot in command of an aircraft under section 121.533 of title 14, Code of Federal Regulations, or limit any penalty under section 46504 of title 49, United States Code.

"(e) Involuntary [sic] Denied Boarding Compensation.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule to revise part 250 of title 14, Code of Federal Regulations, to clarify that—

"(1) there is not a maximum level of compensation an air carrier or foreign air carrier may pay to a passenger who is involuntarily denied boarding as the result of an oversold flight;

"(2) the compensation levels set forth in that part are the minimum levels of compensation an air carrier or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold flight; and

"(3) an air carrier or foreign air carrier must proactively offer to pay compensation to a passenger who is voluntarily or involuntarily denied boarding on an oversold flight, rather than waiting until the passenger requests the compensation.

"(f) GAO Report on Oversales.—

"(1) In general.—The Comptroller General of the United States shall review airline policies and practices related to oversales of flights.

"(2) Considerations.—In conducting the review under paragraph (1), the Comptroller General shall examine—

"(A) the impact on passengers as a result of an oversale, including increasing or decreasing the costs of passenger air transportation;

"(B) economic and operational factors which result in oversales;

"(C) whether, and if so how, the incidence of oversales varies depending on markets;

"(D) potential consequences on the limiting of oversales; and

"(E) best practices on how oversale policies can be communicated to passengers at airline check-in desks and airport gates.

"(3) Report.—Not later than 1 year 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 review under paragraph (2).

"(g) Gate Notice of Policies.—The Secretary may provide guidance on how these policies should be communicated at covered air carrier check-in desks and airport gates."

[For definition of "covered air carrier" as used in section 425 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Consumer Protection Requirements Relating to Large Ticket Agents

Pub. L. 115–254, div. B, title IV, §427, Oct. 5, 2018, 132 Stat. 3340, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall issue a final rule to require large ticket agents to adopt minimum customer service standards.

"(b) Purpose.—The purpose of the final rule shall be to ensure that, to the extent feasible, there is a consistent level of consumer protection regardless of where consumers purchase air fares and related air transportation services.

"(c) Standards.—In issuing the final rule, the Secretary shall consider, to the extent feasible, establishing standards consistent with all customer service and disclosure requirements applicable to covered air carriers under this title [see Tables for classification] and associated regulations.

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

"(1) Ticket agent.—

"(A) In general.—Subject to subparagraph (B), the term 'ticket agent' has the meaning given that term in section 40102(a) of title 49, United States Code.

"(B) Inclusion.—The term 'ticket agent' includes a person who acts as an intermediary involved in the sale of air transportation directly or indirectly to consumers, including by operating an electronic airline information system, if the person—

"(i) holds the person out as a source of information about, or reservations for, the air transportation industry; and

"(ii) receives compensation in any way related to the sale of air transportation.

"(2) Large ticket agent.—The term 'large ticket agent' means a ticket agent with annual revenues of $100,000,000 or more.

"(e) Enforcement.—No large ticket agent may be found in noncompliance of any standard or requirement adopted in the final rule required by this section if—

"(1) the large ticket agent is unable to meet the new standard or requirement due to the lack of information or data from the covered air carrier and the information is required for the large ticket agent to comply with such standard or requirement; or

"(2) the sale of air transportation is made by a large ticket agent pursuant to a specific corporate or government fare management contract."

[For definition of "covered air carrier" as used in section 427 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

Passenger Rights

Pub. L. 115–254, div. B, title IV, §429, Oct. 5, 2018, 132 Stat. 3341, which provided that the Secretary of Transportation would require each covered air carrier to submit a summarized 1-page document that describes the rights of passengers, was transferred to chapter 417 of this title and redesignated as section 41727 by Pub. L. 118–63, title V, §510(a)(1), May 16, 2024, 138 Stat. 1193.

Minimum Dimensions for Passenger Seats

Pub. L. 118–63, title V, §519, May 16, 2024, 138 Stat. 1200, provided that: "Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall—

"(1) initiate a rulemaking activity based on the regulation described in section 577 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 42301 [prec.] note); or

"(2) if the Administrator decides not to pursue the rulemaking described in paragraph (1), the Administrator shall brief 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 justification of such decision."

Pub. L. 115–254, div. B, title V, §577, Oct. 5, 2018, 132 Stat. 3394, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and after providing notice and an opportunity for comment, the Administrator of the Federal Aviation Administration shall issue regulations that establish minimum dimensions for passenger seats on aircraft operated by air carriers in interstate air transportation or intrastate air transportation, including minimums for seat pitch, width, and length, and that are necessary for the safety of passengers.

"(b) Definitions.—The definitions contained in section 40102(a) of title 49, United States Code, apply to this section."

Family Seating

Pub. L. 118–63, title V, §516, May 16, 2024, 138 Stat. 1197, 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 issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.

"(b) Prohibition on Fees.—The notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.

"(c) Rule of Construction.—Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.

"(d) Young Child.—In this section, the term 'young child' means an individual who has not attained 14 years of age."

Pub. L. 114–190, title II, §2309, July 15, 2016, 130 Stat. 648, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall review and, if appropriate, establish a policy directing all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies that enable a child, who is age 13 or under on the date an applicable flight is scheduled to occur, to be seated in a seat adjacent to the seat of an accompanying family member over the age of 13, to the maximum extent practicable and at no additional cost, except when assignment to an adjacent seat would require an upgrade to another cabin class or a seat with extra legroom or seat pitch for which additional payment is normally required.

"(b) Effect on Airline Boarding and Seating Policies.—When considering any new policy under this section, the Secretary shall consider the traditional seating and boarding policies of air carriers providing scheduled passenger interstate or intrastate air transportation and whether those policies generally allow families to sit together.

"(c) Statutory Construction.—Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a significant change in the overall seating or boarding policy of an air carrier providing scheduled passenger interstate or intrastate air transportation that has an open or flexible seating policy in place that generally allows adjacent family seating as described in subsection (a)."

Establishment of Advisory Committee for Aviation Consumer Protection

Pub. L. 112–95, title IV, §411, Feb. 14, 2012, 126 Stat. 88, as amended by Pub. L. 114–55, title I, §102(i), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §102(g), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1102(j), July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §102(i), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §102(g), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title IV, §415, Oct. 5, 2018, 132 Stat. 3333; Pub. L. 118–15, div. B, title II, §2202(r), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(r), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(r), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title V, §508, May 16, 2024, 138 Stat. 1193, provided that:

"(a) In General.—The Secretary of Transportation shall establish an advisory committee for aviation consumer protection to advise the Secretary in carrying out activities relating to airline customer service improvements.

"(b) Membership.—The Secretary shall appoint the members of the advisory committee, which shall be comprised of one representative each of—

"(1) air carriers;

"(2) airport operators;

"(3) State or local governments with expertise in consumer protection matters; and

"(4) nonprofit public interest groups with expertise in consumer protection matters.

"(c) Vacancies.—A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.

"(d) Travel Expenses.—Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

"(e) Chairperson.—The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.

"(f) Duties.—The duties of the advisory committee shall include—

"(1) evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed; and

"(2) providing recommendations for establishing additional aviation consumer protection programs, if needed.

"(g) Report to Congress.—Not later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act [Feb. 14, 2012], the Secretary shall transmit to Congress a report containing—

"(1) the recommendations made by the advisory committee during the preceding calendar year; and

"(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary's reason for not implementing the recommendation.

"(h) Termination.—The advisory committee established under this section shall terminate on September 30, 2028.

"(i) Consultation.—The Advisory Committee shall consult, as appropriate, with foreign air carriers, air carriers with an ultra-low-cost business model, nonprofit public interest groups with expertise in disability and accessibility matters, ticket agents, travel management companies, and any other groups as determined by the Secretary."

Disclosure of Seat Dimensions To Facilitate the Use of Child Safety Seats on Aircraft

Pub. L. 112–95, title IV, §412, Feb. 14, 2012, 126 Stat. 89, 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 initiate a rulemaking to require each air carrier operating under part 121 of title 14, Code of Federal Regulations, to post on the Internet Web site of the air carrier the maximum dimensions of a child safety seat that can be used on each aircraft operated by the air carrier to enable passengers to determine which child safety seats can be used on those aircraft."

§42301. Emergency contingency plans

(a) Submission of Air Carrier and Airport Plans.—Not later than 90 days after the date of enactment of this section, each of the following air carriers and airport operators shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section:

(1) An air carrier providing covered air transportation at a commercial airport.

(2) An operator of a commercial airport.

(3) An operator of an airport used by an air carrier described in paragraph (1) for diversions.

(b) Air Carrier Plans.—

(1) Plans for individual airports.—An air carrier shall submit an emergency contingency plan under subsection (a) for—

(A) each airport at which the carrier provides covered air transportation; and

(B) each airport at which the carrier has flights for which the carrier has primary responsibility for inventory control.

(2) Contents.—An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the carrier will—

(A) provide adequate food, potable water, restroom facilities, comfortable cabin temperatures, and access to medical treatment for passengers onboard an aircraft at the airport when the departure of a flight is delayed or the disembarkation of passengers is delayed;

(B) share facilities and make gates available at the airport in an emergency; and

(C) allow passengers to deplane following an excessive tarmac delay in accordance with paragraph (3).

(3) Deplaning following an excessive tarmac delay.—For purposes of paragraph (2)(C), an emergency contingency plan submitted by an air carrier under subsection (a) shall incorporate the following requirements:

(A) A passenger shall have the option to deplane an aircraft and return to the airport terminal when there is an excessive tarmac delay.

(B) The option described in subparagraph (A) shall be offered to a passenger even if a flight in covered air transportation is diverted to a commercial airport other than the originally scheduled airport.

(C) In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—

(i) in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and

(ii) in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.

(D) Notwithstanding the requirements described in subparagraphs (A), (B), and (C), a passenger shall not have an option to deplane an aircraft and return to the airport terminal in the case of an excessive tarmac delay if—

(i) an air traffic controller with authority over the aircraft advises the pilot in command that permitting a passenger to deplane would significantly disrupt airport operations; or

(ii) the pilot in command determines that permitting a passenger to deplane would jeopardize passenger safety or security.

(c) Airport Plans.—An emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the operator, to the maximum extent practicable, will—

(1) provide for the deplanement of passengers following excessive tarmac delays;

(2) provide for the sharing of facilities and make gates available at the airport in an emergency; and

(3) provide a sterile area following excessive tarmac delays for passengers who have not yet cleared United States Customs and Border Protection.

(d) Updates.—

(1) Air carriers.—An air carrier shall update each emergency contingency plan submitted by the carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.

(2) Airports.—An airport operator shall update each emergency contingency plan submitted by the operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.

(e) Approval.—

(1) In general.—Not later than 60 days after the date of the receipt of an emergency contingency plan submitted under subsection (a) or an update submitted under subsection (d), the Secretary shall review and approve or, if necessary, require modifications to the plan or update to ensure that the plan or update will effectively address emergencies and provide for the health and safety of passengers.

(2) Failure to approve or require modifications.—If the Secretary fails to approve or require modifications to a plan or update under paragraph (1) within the timeframe specified in that paragraph, the plan or update shall be deemed to be approved.

(3) Adherence required.—An air carrier or airport operator shall adhere to an emergency contingency plan of the carrier or operator approved under this section.

(f) Minimum Standards.—The Secretary shall establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.

(g) Public Access.—An air carrier or airport operator required to submit an emergency contingency plan under this section shall ensure public access to the plan after its approval under this section on the Internet Web site of the carrier or operator or by such other means as determined by the Secretary.

(h) Reports.—Not later than 30 days after any flight experiences an excessive tarmac delay, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Division of the Department of Transportation.

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

(1) Commercial airport.—The term "commercial airport" means a large hub, medium hub, small hub, or nonhub airport.

(2) Covered air transportation.—The term "covered air transportation" means scheduled or public charter passenger air transportation provided by an air carrier that operates an aircraft that as originally designed has a passenger capacity of 30 or more seats.

(3) Tarmac delay.—The term "tarmac delay" means the period during which passengers are on board an aircraft on the tarmac—

(A) awaiting takeoff after the aircraft doors have been closed or after passengers have been boarded if the passengers have not been advised they are free to deplane; or

(B) awaiting deplaning after the aircraft has landed.

(4) Excessive tarmac delay.—The term "excessive tarmac delay" means a tarmac delay of more than—

(A) 3 hours for a flight in interstate air transportation; or

(B) 4 hours for a flight in foreign air transportation.

(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 93; amended Pub. L. 114–190, title II, §2308(a), (b), July 15, 2016, 130 Stat. 648.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2016—Subsec. (b)(3)(C). Pub. L. 114–190, §2308(a)(2), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(3)(D). Pub. L. 114–190, §2308(a)(1), (3), redesignated subpar. (C) as (D) and substituted "subparagraphs (A), (B), and (C)" for "subparagraphs (A) and (B)" in introductory provisions.

Subsec. (i)(4). Pub. L. 114–190, §2308(b), amended par. (4) generally. Prior to amendment, text read as follows: "The term 'excessive tarmac delay' means a tarmac delay that lasts for a length of time, as determined by the Secretary."

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–95, title IV, §415(c), Feb. 14, 2012, 126 Stat. 96, provided that: "Except as otherwise provided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act [Feb. 14, 2012]."

Regulations

Pub. L. 114–190, title II, §2308(c), July 15, 2016, 130 Stat. 648, provided that: "Not later than 90 days after the date of enactment of this section [July 15, 2016], the Secretary of Transportation shall issue regulations and take other actions necessary to carry out the amendments made by this section [amending this section]."

§42302. Consumer complaints

(a) In General.—The Secretary of Transportation shall—

(1) maintain an accessible website through the Office of Aviation Consumer Protection to accept the submission of complaints from airline passengers regarding air travel service problems; and

(2) take appropriate actions to notify the public of such accessible website.

(b) Notice to Passengers on the Internet.—An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the accessible website of the carrier—

(1) the accessible website, e-mail address, or telephone number of the air carrier for the submission of complaints by passengers about air travel service problems; and

(2) the accessible website maintained pursuant to subsection (a).

(c) Use of Additional or Alternative Technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to—

(1) provide additional or alternative means for air passengers to submit complaints; and

(2) provide such additional or alternative means as the Secretary determines appropriate.

(d) Air Ambulance Providers.—Each air ambulance provider shall include the accessible website, or a link to such accessible website, maintained pursuant to subsection (a) and the contact information for the Aviation Consumer Advocate established by section 424 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) on—

(1) any invoice, bill, or other communication provided to a passenger or customer of such provider; and

(2) the accessible website and any related mobile device application of such provider.

(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, §§405, 419(a), 423(a), Oct. 5, 2018, 132 Stat. 3329, 3336, 3337; Pub. L. 118–63, title V, §520, May 16, 2024, 138 Stat. 1200.)

Editorial Notes

References in Text

Section 424 of the FAA Reauthorization Act of 2018, referred to in subsec. (d), is section 424 of Pub. L. 115–254, which is set out as a note under this section.

Amendments

2024—Pub. L. 118–63 amended section generally. Prior to amendment, section related to various means by which passengers could register consumer complaints.

2018—Subsec. (a). Pub. L. 115–254, §419(a)(1), inserted "(including transportation by air ambulance (as defined by the Secretary of Transportation))" after "air transportation" in introductory provisions.

Subsec. (c). Pub. L. 115–254, §423(a)(1), substituted "Each air carrier and foreign air carrier" for "An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats" in introductory provisions.

Subsec. (c)(1). Pub. L. 115–254, §423(a)(2), substituted "carrier operates" for "air carrier operates".

Subsec. (c)(2). Pub. L. 115–254, §423(a)(3), substituted "carrier" for "air carrier".

Subsec. (d). Pub. L. 115–254, §405, added subsec. (d).

Subsec. (e). Pub. L. 115–254, §419(a)(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Requirements of this section to begin to apply 60 days after Feb. 14, 2012, except as otherwise provided, see section 415(c) of Pub. L. 112–95, set out as a note under section 42301 of this title.

Rulemaking

Pub. L. 115–254, div. B, title IV, §423(b), Oct. 5, 2018, 132 Stat. 3337, provided that: "Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall promulgate regulations to implement the requirements of section 42302 of title 49, United States Code, as amended by this Act."

Aviation Consumer Advocate

Pub. L. 115–254, div. B, title IV, §424, Oct. 5, 2018, 132 Stat. 3337, as amended by Pub. L. 118–15, div. B, title II, §2202(s), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(s), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(s), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title V, §509, May 16, 2024, 138 Stat. 1193, provided that:

"(a) In General.—The Secretary of Transportation shall review aviation consumer complaints received that allege a violation of law and, as appropriate, pursue enforcement or corrective actions that would be in the public interest.

"(b) Considerations.—In considering which cases to pursue for enforcement or corrective action under subsection (a), the Secretary shall consider—

"(1) the Air Carrier Access Act of 1986 (Public Law 99–435; 100 Stat. 1080);

"(2) unfair and deceptive practices by air carriers (including air ambulance operators), foreign air carriers, and ticket agents;

"(3) the terms and conditions agreed to between passengers and air carriers (including air ambulance operators), foreign air carriers, or ticket agents;

"(4) aviation consumer protection and tarmac delay contingency planning requirements for both airports and airlines;

"(5) protection of air ambulance consumers; and

"(6) any other applicable law.

"(c) Aviation Consumer Advocate.—

"(1) In general.—Within the Aviation Consumer Protection Division of the Department of Transportation, there shall be an Aviation Consumer Advocate.

"(2) Functions.—The Aviation Consumer Advocate shall—

"(A) assist consumers in resolving carrier service complaints filed with the Aviation Consumer Protection Division;

"(B) review the resolution by the Department of Transportation of carrier service complaints;

"(C) identify and recommend actions the Department can take to improve the enforcement of aviation consumer protection rules, protection of air ambulance consumers, and resolution of carrier service complaints; and

"(D) identify and recommend regulations and policies that can be amended to more effectively resolve carrier service complaints.

"(d) Annual Reports.—The Secretary, through the Aviation Consumer Advocate, 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] an annual report summarizing the following:

"(1) The total number of annual complaints received by the Department, including the number of complaints by the name of each air carrier and foreign air carrier.

"(2) The total number of annual complaints by category of complaint.

"(3) The number of complaints referred in the preceding year for enforcement or corrective action by the Department.

"(4) Any recommendations under paragraphs (2)(C) and (2)(D) of subsection (c).

"(5) Such other data as the Aviation Consumer Advocate considers appropriate.

"(e) Sunset on Reporting Requirement.—The reporting requirement of subsection (d) shall terminate on October 1, 2028."

[For definition of "ticket agent" as used in section 424 of Pub. L. 115–254, set out above, see section 401 of Pub. L. 115–254, set out as a Definitions of Terms in Pub. L. 115–254 note under section 40101 of this title.]

DOT Airline Consumer Complaint Investigations

Pub. L. 112–95, title IV, §408, Feb. 14, 2012, 126 Stat. 87, provided that: "The Secretary of Transportation may investigate consumer complaints regarding—

"(1) flight cancellations;

"(2) compliance with Federal regulations concerning overbooking seats on flights;

"(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;

"(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;

"(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;

"(6) the rights of passengers who hold frequent flyer miles or equivalent redeemable awards earned through customer-loyalty programs; and

"(7) deceptive or misleading advertising."

§42303. Use of insecticides in passenger aircraft

(a) Information To Be Provided on the Internet.—The Secretary of Transportation shall establish, and make available to the general public, an Internet Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers.

(b) Required Disclosures.—An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the internet website established under subsection (a) shall—

(1) disclose, on its own internet website or through other means, that the destination country may require the air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to the flight or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers; and

(2) refer the purchaser of the ticket to the internet website established under subsection (a) for additional information.

(Added Pub. L. 112–95, title IV, §415(a), Feb. 14, 2012, 126 Stat. 95; amended Pub. L. 115–254, div. B, title IV, §404, Oct. 5, 2018, 132 Stat. 3329.)

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) generally. Prior to amendment, text read as follows: "An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the Internet Web site established under subsection (a) shall refer the purchaser of the ticket to the Internet Web site established under subsection (a) for additional information."

Statutory Notes and Related Subsidiaries

Effective Date

Requirements of this section to begin to apply 60 days after Feb. 14, 2012, except as otherwise provided, see section 415(c) of Pub. L. 112–95, set out as a note under section 42301 of this title.

§42304. Widespread disruptions

(a) General Requirements.—In the event of a widespread disruption, a covered air carrier shall immediately publish, via a prominent link on the air carrier's public internet website, a clear statement indicating whether, with respect to a passenger of the air carrier whose travel is interrupted as a result of the widespread disruption, the air carrier will—

(1) provide for hotel accommodations;

(2) arrange for ground transportation;

(3) provide meal vouchers;

(4) arrange for air transportation on another air carrier or foreign air carrier to the passenger's destination; and

(5) provide for sleeping facilities inside the airport terminal.

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

(1) Widespread disruption.—The term "widespread disruption" means, with respect to a covered air carrier, the interruption of all or the overwhelming majority of the air carrier's systemwide flight operations, including flight delays and cancellations, as the result of the failure of 1 or more computer systems or computer networks of the air carrier.

(2) Covered air carrier.—The term "covered air carrier" means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.

(c) Savings Provision.—Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.

(Added Pub. L. 115–254, div. B, title IV, §428(a), Oct. 5, 2018, 132 Stat. 3341.)

§42305. Refunds for cancelled or significantly delayed or changed flights

(a) In General.—In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request as set forth in subsection (f), provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—

(1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or

(2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).

(b) Timing of Refund.—Any refund required under subsection (a) shall be issued by the air carrier or foreign air carrier—

(1) in the case of a ticket purchased with a credit card, not later than 7 business days after the earliest date the refund was requested as set forth in subsection (f); or

(2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the earliest date the refund was requested as set forth in subsection (f).

(c) Alternative to Refund.—An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund required by subsection (a) but only if—

(1) the offer includes a clear and conspicuous notice of—

(A) the terms of the offer; and

(B) the passenger's right to a full refund under this section;

(2) the voucher, credit, or other form of compensation offered explicitly as an alternative to providing a refund required by subsection (a) remains valid and redeemable by the consumer for a period of at least 5 years from the date on which such voucher, credit, or other form of compensation is issued;

(3) upon the issuance of such voucher, credit, or other form of compensation, an air carrier, foreign air carrier, or ticket agent, where applicable, notifies the recipient of the expiration date of the voucher, credit, or other form of compensation; and

(4) upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), an air carrier, foreign air carrier, or ticket agent provides a notification under paragraph (3) in an electronic format that is accessible to the recipient.

(d) Significantly Delayed or Changed Flight Defined.—In this section, the term "significantly delayed or changed flight" includes, at a minimum, a flight where the passenger arrives at a destination airport—

(1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and

(2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.

(e) Application to Ticket Agents.—

(1) In general.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.

(2) Transfer of funds.—The Secretary shall issue regulations requiring air carriers and foreign air carriers to promptly transfer funds to a ticket agent if—

(A) the Secretary has determined that the ticket agent is responsible for providing the refund; and

(B) the ticket agent does not possess the funds of the passenger.

(3) Timing and alternatives.—A refund provided by a ticket agent shall comply with the requirements in subsections (b) and (c) of this section.

(f) Refund.—An air carrier and a foreign air carrier shall consider a passenger to have requested a refund if—

(1) a flight is cancelled and a passenger is not offered an alternative flight or any voucher, credit, or other form of compensation by the air carrier or foreign air carrier pursuant to subsection (c);

(2) a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c); or

(3) a passenger does not respond to an offer of—

(A) a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or

(B) a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.

(g) Refund Notification.—An air carrier and a foreign air carrier shall update their passenger notification systems to ensure passengers owed a refund under this section are notified of their right to receive a refund.

(Added Pub. L. 118–63, title V, §503(a), May 16, 2024, 138 Stat. 1188.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

§42306. Know Your Rights posters

(a) In General.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum—

(1) flight delays and cancellations;

(2) refunds;

(3) bumping of passengers from flights and the oversale of flights; and

(4) lost, delayed, or damaged baggage.

(b) Location.—Posters described in subsection (a) shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.

(c) Accessibility Assistance.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall ensure that passengers with a disability (as such term is defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as having such a disability are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.

(Added Pub. L. 118–63, title V, §504(a), May 16, 2024, 138 Stat. 1190.)

Delayed Effective Date of Section

Section effective 1 year after May 16, 2024, see Effective Date note below.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 118–63, title V, §504(d), May 16, 2024, 138 Stat. 1191, provided that: "The amendments made by this section [enacting this section and amending section 46301 of this title] shall take effect on the date that is 1 year after the date of enactment of this Act [May 16, 2024]."

§42307. Requirement to maintain a live customer chat or monitored text messaging number

(a) Requirement.—

(1) In general.—A covered air carrier that operates a domestic or international flight to, from, or within the United States shall maintain—

(A) a customer service telephone line staffed by live agents;

(B) a customer chat option that allows for customers to speak to a live agent within a reasonable time, to the greatest extent practicable; or

(C) a monitored text messaging number that enables customers to communicate and speak with a live agent directly.

(2) Provision of services.—The services required under paragraph (1) shall be provided to customers without charge for the use of such services, and shall be available at all times.

(b) Rulemaking Authority.—The Secretary shall promulgate such rules as may be necessary to carry out this section.

(c) Covered Air Carrier Defined.—In this section, the term "covered air carrier" means an air carrier that sells tickets for scheduled passenger air transportation on an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.

(d) Effective Date.—Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (a) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.

(Added Pub. L. 118–63, title V, §505(b)(1), May 16, 2024, 138 Stat. 1191.)

Statutory Notes and Related Subsidiaries

References in Text

The date of enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

§42308. DOT airline customer service dashboards

(a) Requirement To Establish and Maintain Publicly Available Dashboards.—The Secretary of Transportation shall establish, maintain, and make publicly available the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as such term is defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law:

(1) Delay and cancellation dashboard.—A dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier.

(2) Explanation of circumstances.—The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center) consistent with section 234.4 of title 14, Code of Federal Regulations.

(3) Family seating dashboard.—A dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees.

(4) Seat size dashboard.—A dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.

(5) Family seating sunset.—The requirement in subsection (a)(3) shall cease to be effective on the date on which the rule in section 516 of the FAA Reauthorization Act of 2024 is effective.

(b) Accessibility Requirement.—In developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, any other relevant department or agency to determine appropriate accessibility standards, and disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities.

(c) Limitation on Dashboards.—After the rule required in section 516 of the FAA Reauthorization Act of 2024 is effective, the Secretary may not establish or maintain more than 4 different customer service dashboards at any given time.

(d) Provision of Information.—Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.

(e) Sunset.—This section shall cease to be effective on October 1, 2028.

(Added Pub. L. 118–63, title V, §506(a)(1), May 16, 2024, 138 Stat. 1192.)

Editorial Notes

References in Text

Section 516 of the FAA Reauthorization Act of 2024, referred to in subsecs. (a)(5) and (c), is section 516 of Pub. L. 118–63, which is set out as a note preceding section 42301 of this title.

Statutory Notes and Related Subsidiaries

Establishment of Online Dashboards

Pub. L. 118–63, title V, §506(a)(2), May 16, 2024, 138 Stat. 1193, provided that: "The Secretary [of Transportation] shall establish each of the online dashboards required by section 42308(a) of title 49, United States Code, not later than 30 days after the date of enactment of this Act [May 16, 2024]."

subpart iii—safety

CHAPTER 441—REGISTRATION AND RECORDATION OF AIRCRAFT

        

Editorial Notes

Amendments

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

2004—Pub. 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

        

Editorial Notes

Amendments

2022—Pub. 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

2003—Pub. 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".

2002—Pub. 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.

2001—Pub. 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

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

2001—Pub. 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".

2013—Pub. 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".

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

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

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

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

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

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

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

1997—Pub. 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

        

Editorial Notes

Amendments

2024—Pub. 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".

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

2018—Pub. 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.

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

2000—Pub. 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, as amended by Pub. L. 118–83, div. B, title I, §114, Sept. 26, 2024, 138 Stat. 1537, provided that: "The amendments made by this section [amending this section] shall take effect beginning on December 20, 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

2024—Pub. 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

2024—Pub. 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.

2018—Pub. 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

        

        

Editorial Notes

Amendments

2024—Pub. 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".

2022—Pub. L. 117–328, div. O, title V, §501(e), Dec. 29, 2022, 136 Stat. 5231, added item 44744.

2020—Pub. 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".

2018—Pub. 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.

2016—Pub. 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.

2012—Pub. 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.

2007—Pub. L. 110–135, §2(b), Dec. 13, 2007, 121 Stat. 1452, added item 44729.

2003—Pub. 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.

2000—Pub. 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.

1996—Pub. 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;

"(6) an assessment of the most common general aviation safety issues;

"(7) a review of the total costs to the Federal Government to conduct investigations of general aviation accidents over the last 10 years; and

"(8) other matters the Administrator or the Chairman considers appropriate.

"(c) Recommendations and Actions To Address General Aviation Safety.—Based on the results of the study required under subsection (a), the Administrator, in consultation with the Chairman, shall make such recommendations, including with respect to regulations and enforcement activities, as the Administrator considers necessary to—

"(1) address general aviation safety issues identified under the study;

"(2) protect persons and property on the ground; and

"(3) improve the safety of general aviation operators in the United States.

"(d) Authority.—Notwithstanding any other provision of law, the Administrator shall have the authority to undertake actions to address the recommendations made under subsection (c).

"(e) 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 [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 study required under subsection (a), including the recommendations described in subsection (c).

"(f) General Aviation Defined.—In this section, the term 'general aviation' means aircraft operation for personal, recreational, or other noncommercial purposes."

Aviation Rulemaking Committee for Part 135 Pilot Rest and Duty Rules

Pub. L. 115–254, div. B, title III, §315, Oct. 5, 2018, 132 Stat. 3267, 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 convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, pilot rest and duty rules under part 135 of title 14, Code of Federal Regulations.

"(b) Duties.—The Administrator shall—

"(1) not later than 2 years after the date of enactment of this Act, 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 based on the findings of the aviation rulemaking committee; and

"(2) not later than 1 year after the date of submission of the report under paragraph (1), issue a notice of proposed rulemaking based on any consensus recommendations reached by the aviation rulemaking committee.

"(c) Composition.—The aviation rulemaking committee shall consist of members appointed by the Administrator, including—

"(1) representatives of industry;

"(2) representatives of aviation labor organizations, including collective bargaining units representing pilots who are covered by part 135 of title 14, Code of Federal Regulations, and subpart K of part 91 of such title; and

"(3) aviation safety experts with specific knowledge of flight crewmember education and training requirements under part 135 of such title.

"(d) Considerations.—The Administrator shall direct the aviation rulemaking committee to consider—

"(1) recommendations of prior part 135 rulemaking committees;

"(2) accommodations necessary for small businesses;

"(3) scientific data derived from aviation-related fatigue and sleep research;

"(4) data gathered from aviation safety reporting programs;

"(5) the need to accommodate the diversity of operations conducted under part 135, including the unique duty and rest time requirements of air ambulance pilots; and

"(6) other items, as appropriate."

Voluntary Reports of Operational or Maintenance Issues Related to Aviation Safety

Pub. L. 115–254, div. B, title III, §320, Oct. 5, 2018, 132 Stat. 3269, provided that:

"(a) In General.—There shall be a presumption that an individual's voluntary report of an operational or maintenance issue related to aviation safety under an aviation safety action program meets the criteria for acceptance as a valid report under such program.

"(b) Disclaimer Required.—Any dissemination, within the participating organization, of a report that was submitted and accepted under an aviation safety action program pursuant to the presumption under subsection (a), but that has not undergone review by an event review committee, shall be accompanied by a disclaimer stating that the report—

"(1) has not been reviewed by an event review committee tasked with reviewing such reports; and

"(2) may subsequently be determined to be ineligible for inclusion in the aviation safety action program.

"(c) Rejection of Report.—

"(1) In general.—A report described under subsection (a) shall be rejected from an aviation safety action program if, after a review of the report, an event review committee tasked with reviewing such report, or the Federal Aviation Administration member of the event review committee in the case that the review committee does not reach consensus, determines that the report fails to meet the criteria for acceptance under such program.

"(2) Protections.—In any case in which a report of an individual described under subsection (a) is rejected under paragraph (1)—

"(A) the enforcement-related incentive offered to the individual for making such a report shall not apply; and

"(B) the protection from disclosure of the report itself under section 40123 of title 49, United States Code, shall not apply.

"(3) Aviation safety action program defined.—In this section, the term 'aviation safety action program' means a program established in accordance with Federal Aviation Administration Advisory Circular 120–66B, issued November 15, 2002 (including any similar successor advisory circular), to allow an individual to voluntarily disclose operational or maintenance issues related to aviation safety."

Flight Attendant Duty Period Limitations and Rest Requirements

Pub. L. 115–254, div. B, title III, §335, Oct. 5, 2018, 132 Stat. 3280, provided that:

"(a) Modification of Final Rule.—

"(1) In general.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall modify the final rule of the Federal Aviation Administration published in the Federal Register on August 19, 1994 (59 Fed. Reg. 42974; relating to flight attendant duty period limitations and rest requirements) in accordance with the requirements of this subsection.

"(2) Contents.—The final rule, as modified under paragraph (1), shall ensure that—

"(A) a flight attendant scheduled to a duty period of 14 hours or less is given a scheduled rest period of at least 10 consecutive hours; and

"(B) the rest period is not reduced under any circumstances.

"(b) Fatigue Risk Management Plan.—

"(1) Submission of plan by part 121 air carriers.—Not later than 90 days after the date of enactment of this Act, each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a 'part 121 air carrier'), shall submit to the Administrator of the Federal Aviation Administration for review and acceptance a fatigue risk management plan for the carrier's flight attendants.

"(2) Contents of plan.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:

"(A) Current flight time and duty period limitations.

"(B) A rest scheme consistent with such limitations that enables the management of flight attendant fatigue, including annual training to increase awareness of—

"(i) fatigue;

"(ii) the effects of fatigue on flight attendants; and

"(iii) fatigue countermeasures.

"(C) Development and use of a methodology that continually assesses the effectiveness of implementation of the plan, including the ability of the plan—

"(i) to improve alertness; and

"(ii) to mitigate performance errors.

"(3) Review.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall review and accept or reject each fatigue risk management plan submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan.

"(4) Plan updates.—

"(A) In general.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and acceptance.

"(B) Review.—Not later than 1 year after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update.

"(5) Compliance.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection.

"(6) Civil penalties.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title."

Clarification of Requirements for Living History Flights

Pub. L. 115–254, div. B, title V, §532, Oct. 5, 2018, 132 Stat. 3366, provided that:

"(a) In General.—Notwithstanding any other law or regulation, in administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal Regulations (or any successor regulations), the Administrator [of the Federal Aviation Administration] shall allow an aircraft owner or operator to accept monetary or in-kind donations for a flight operated by a living history flight experience provider, if the aircraft owner or operator has—

"(1) volunteered to provide such transportation; and

"(2) notified any individual that will be on the flight, at the time of inquiry about the flight, that the flight operation is for charitable purposes and is not subject to the same requirements as a commercial flight.

"(b) Conditions To Ensure Public Safety.—The Administrator, consistent with current standards of the [Federal Aviation] Administration for such operations, shall impose minimum standards with respect to training and flight hours for operations conducted by an owner or operator of an aircraft providing living history flight experience operations, including mandating that the pilot in command of such aircraft hold a commercial pilot certificate with instrument rating and be current and qualified with respect to all ratings or authorizations applicable to the specific aircraft being flown to ensure the safety of flight operations described in subsection (a).

"(c) Living History Flight Experience Provider Defined.—In this section, the term 'living history flight experience provider' means an aircraft owner, aircraft operator, or organization that provides, arranges, or otherwise fosters living history flight experiences for the purpose of fulfilling its mission."

FAA Civil Aviation Registry Upgrade

Pub. L. 115–254, div. B, title V, §546, Oct. 5, 2018, 132 Stat. 3376, provided that:

"(a) In General.—Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall complete covered upgrades of the Administration's Civil Aviation Registry (in this section referred to as the 'Registry').

"(b) Covered Upgrade Defined.—In this section, the term 'covered upgrades' means—

"(1) the digitization of nondigital Registry information, including paper documents, microfilm images, and photographs, from an analog or nondigital format to a digital format;

"(2) the digitalization of Registry manual and paper-based processes, business operations, and functions by leveraging digital technologies and a broader use of digitized data;

"(3) the implementation of systems allowing a member of the public to submit any information or form to the Registry and conduct any transaction with the Registry by electronic or other remote means; and

"(4) allowing more efficient, broader, and remote access to the Registry.

"(c) Applicability.—The requirements of subsection (a) shall apply to the entire Civil Aviation Registry, including the Aircraft Registration Branch and the Airmen Certification Branch.

"(d) Manual Surcharge.—[Enacted section 45306 of this title.]

"(e) Report.—Not later than 1 year after date of enactment of this Act, and annually thereafter until the covered upgrades required under subsection (a) are complete, the Administrator shall submit a report 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] describing—

"(1) the schedule for the covered upgrades to the Registry;

"(2) the office responsible for the implementation of the such covered upgrades;

"(3) the metrics being used to measure progress in implementing the covered upgrades; and

"(4) the status of the covered upgrades as of the date of the report."

Undeclared Hazardous Materials Public Awareness Campaign

Pub. L. 115–254, div. B, title V, §583, Oct. 5, 2018, 132 Stat. 3399, provided that:

"(a) In General.—The Secretary of Transportation shall carry out a public awareness campaign to reduce the amount of undeclared hazardous materials traveling through air commerce.

"(b) Campaign Requirements.—The public awareness campaign required under subsection (a) shall do the following:

"(1) Focus on targeting segments of the hazardous materials industry with high rates of undeclared shipments through air commerce and educate air carriers, shippers, manufacturers, and other relevant stakeholders of such segments on properly packaging and classifying such shipments.

"(2) Educate the public on proper ways to declare and ship hazardous materials, examples of everyday items that are considered hazardous materials, and penalties associated with intentional shipments of undeclared hazardous materials.

"(c) Interagency Working Group.—

"(1) Establishment.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish an interagency working group to promote collaboration and engagement between the Department of Transportation and other relevant agencies, and develop recommendations and guidance on how best to conduct the public awareness campaign required under subsection (a).

"(2) Duties.—The interagency working group shall consult with relevant stakeholders, including cargo air carriers, passenger air carriers, and labor organizations representing pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations.

"(d) Update.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation 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] an update on the status of the public awareness campaign required under subsection (a)."

Cockpit Automation Management

Pub. L. 114–190, title II, §2102, July 15, 2016, 130 Stat. 619, provided that: "Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall—

"(1) develop a process to verify that air carrier training programs incorporate measures to train pilots on—

"(A) monitoring automation systems; and

"(B) controlling the flightpath of aircraft without autopilot or autoflight systems engaged;

"(2) develop metrics or measurable tasks that air carriers can use to evaluate pilot monitoring proficiency;

"(3) issue guidance to aviation safety inspectors responsible for oversight of the operations of air carriers on tracking and assessing pilots' proficiency in manual flight; and

"(4) issue guidance to air carriers and inspectors regarding standards for compliance with the requirements for enhanced pilot training contained in the final rule published in the Federal Register on November 12, 2013 (78 Fed. Reg. 67800)."

Additional Certification Resources

Pub. L. 114–190, title II, §2109, July 15, 2016, 130 Stat. 623, provided that:

"(a) In General.—Notwithstanding any other provision of law, and subject to the requirements of subsection (b), the Administrator of the FAA may enter into a reimbursable agreement with an applicant or certificate-holder for the reasonable travel and per diem expenses of the FAA associated with official travel to expedite the acceptance or validation by a foreign authority of an FAA certificate or design approval or the acceptance or validation by the FAA of a foreign authority certificate or design approval.

"(b) Conditions.—The Administrator may enter into an agreement under subsection (a) only if—

"(1) the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the acceptance or validation of the relevant certificate or approval;

"(2) the travel is conducted at the request of the applicant or certificate-holder;

"(3) travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and

"(4) the agreement requires payment in advance of FAA services and is consistent with the processes under section 106(l)(6) of title 49, United States Code.

"(c) Report.—Not later than 2 years after the date of enactment of this Act [July 15, 2016], 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 number of occasions on which the Administrator entered into reimbursable agreements under this section;

"(2) the number of occasions on which the Administrator declined a request by an applicant or certificate-holder to enter into a reimbursable agreement under this section;

"(3) the amount of reimbursements collected in accordance with agreements under this section; and

"(4) the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of certificates and design approvals.

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

"(1) Applicant.—The term 'applicant' means a person that has—

"(A) applied to a foreign authority for the acceptance or validation of an FAA certificate or design approval; or

"(B) applied to the FAA for the acceptance or validation of a foreign authority certificate or design approval.

"(2) Certificate-holder.—The term 'certificate-holder' means a person that holds a certificate issued by the Administrator under part 21 of title 14, Code of Federal Regulations.

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

Notices to Air Missions

Pub. L. 118–4, §3, June 3, 2023, 137 Stat. 9, provided that: "Not later than September 30, 2024, the Administrator of the Federal Aviation Administration shall make the following improvements:

"(1) Complete implementation of a Federal NOTAM System (in this section referred to as a 'FNS').

"(2) Implement a back-up system to the FNS.

"(3) Brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on a plan to enhance the capability to deliver information through the FNS that is machine-readable, filterable, and in the format used by the International Civil Aviation Organization (ICAO) to promote further global harmonization among neighboring Air Navigation Service Providers (ANSPs) and provide users of the National Airspace System with one consistent format for domestic and international operations."

Pub. L. 115–254, div. B, title III, §394(a), Oct. 5, 2018, 132 Stat. 3325, provided that: "Beginning on the date that is 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] may not take any enforcement action against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot's Bill of Rights [Pub. L. 112–153] (49 U.S.C. 44701 note)) until the Administrator certifies 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] that the Administrator has complied with the requirements of section 3 of the Pilot's Bill of Rights, as amended by this section."

Pub. L. 112–153, §3, Aug. 3, 2012, 126 Stat. 1162, as amended by Pub. L. 115–254, div. B, title III, §394(b), Oct. 5, 2018, 132 Stat. 3325, provided that:

"(a) In General.—

"(1) Definition.—In this section, the term 'NOTAM' means Notices to Airmen.

"(2) Improvements.—Not later than 180 days after the date of the enactment of the Fairness for Pilots Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall complete the implementation of a Notice to Airmen Improvement Program (in this section referred to as the 'NOTAM Improvement Program')—

"(A) to improve the system of providing airmen with pertinent and timely information regarding the national airspace system;

"(B) to continue developing and modernizing the NOTAM repository, in a public central location, to maintain and archive all NOTAMs, including the original content and form of the notices, the original date of publication, and any amendments to such notices with the date of each amendment, in a manner that is Internet-accessible, machine-readable, and searchable;

"(C) to apply filters so that pilots can prioritize critical flight safety information from other airspace system information; and

"(D) to specify the times during which temporary flight restrictions are in effect and the duration of a designation of special use airspace in a specific area.

"(b) Goals of Program.—The goals of the NOTAM Improvement Program are—

"(1) to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system;

"(2) make the NOTAMs more specific and relevant to the airman's route and in a format that is more useable to the airman;

"(3) to provide a full set of NOTAM results in addition to specific information requested by airmen;

"(4) to provide a document that is easily searchable; and

"(5) to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen.

"(c) Advice From Private Sector Groups.—The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section.

"(d) Designation of Repository as Sole Source for NOTAMs.—

"(1) In general.—The Administrator—

"(A) shall consider the repository for NOTAMs under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and

"(B) may not consider a NOTAM to be announced or published until the NOTAM is included in the repository for NOTAMs under subsection (a)(2)(B).

"(2) Prohibition on taking action for violations of notams not in repository.—

"(A) In general.—Except as provided in subparagraph (B), beginning on the date that the repository under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if—

"(i) that NOTAM is not available through the repository before the commencement of the flight; and

"(ii) that NOTAM is not reasonably accessible and identifiable to the airman.

"(B) Exception for national security.—Subparagraph (A) shall not apply in the case of an enforcement action for a violation of a NOTAM that directly relates to national security."

Consistency of Regulatory Interpretation

Pub. L. 112–95, title III, §313, Feb. 14, 2012, 126 Stat. 67, provided that:

"(a) Establishment of Advisory Panel.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall establish an advisory panel comprised of both Government and industry representatives to—

"(1) review the October 2010 report by the Government Accountability Office on certification and approval processes (GAO–11–14); and

"(2) develop recommendations to address the findings in the report and other concerns raised by interested parties, including representatives of the aviation industry.

"(b) Matters To Be Considered.—The advisory panel shall—

"(1) determine the root causes of inconsistent interpretation of regulations by the Administration's Flight Standards Service and Aircraft Certification Service;

"(2) develop recommendations to improve the consistency of interpreting regulations by the Administration's Flight Standards Service and Aircraft Certification Service; and

"(3) develop recommendations to improve communications between the Administration's Flight Standards Service and Aircraft Certification Service and applicants and certificate and approval holders for the identification and resolution of potentially adverse issues in an expeditious and fair manner.

"(c) Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall transmit 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 on the findings of the advisory panel, together with an explanation of how the Administrator will implement the recommendations of the advisory panel and measure the effectiveness of the recommendations."

Flight Standards Evaluation Program

Pub. L. 112–95, title III, §315, Feb. 14, 2012, 126 Stat. 68, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall modify the Flight Standards Evaluation Program—

"(1) to include periodic and random reviews as part of the Administration's oversight of air carriers; and

"(2) to prohibit an individual from participating in a review or audit of an office with responsibility for an air carrier under the program if the individual, at any time in the 5-year period preceding the date of the review or audit, had responsibility for inspecting, or overseeing the inspection of, the operations of that carrier.

"(b) Annual Report to Congress.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], and annually thereafter, the Administrator shall submit 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 Flight Standards Evaluation Program, including the Administrator's findings and recommendations with respect to the program.

"(c) Flight Standards Evaluation Program Defined.—In this section, the term 'Flight Standards Evaluation Program' means the program established by the Federal Aviation Administration in FS 1100.1B CHG3, including any subsequent revisions thereto."

Review of Air Transportation Oversight System Database

Pub. L. 112–95, title III, §343, Feb. 14, 2012, 126 Stat. 80, provided that:

"(a) Reviews.—The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Administration is reviewed by regional teams of employees of the Administration, including at least one employee on each team representing aviation safety inspectors, on a monthly basis to ensure that—

"(1) any trends in regulatory compliance are identified; and

"(2) appropriate corrective actions are taken in accordance with Administration regulations, advisory directives, policies, and procedures.

"(b) Monthly Team Reports.—

"(1) In general.—A regional team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards Service a report each month on the results of the review.

"(2) Contents.—A report submitted under paragraph (1) shall identify—

"(A) any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and

"(B) any corrective actions taken or proposed to be taken in response to the trends.

"(c) Biannual Reports to Congress.—The Administrator, on a biannual basis, shall submit 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 on the results of the reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b)."

Duty Periods and Flight Time Limitations Applicable to Flight Crewmembers

Pub. L. 112–95, title III, §345, Feb. 14, 2012, 126 Stat. 81, which provided for rulemaking proceedings relating to duty periods and flight time limitations applicable to flight crewmembers, was repealed by Pub. L. 118–63, title II, §218(l), May 16, 2024, 138 Stat. 1056.

Safety Critical Staffing

Pub. L. 112–95, title VI, §606, Feb. 14, 2012, 126 Stat. 113, provided that:

"(a) In General.—Not later than October 1, 2012, the Administrator of the Federal Aviation Administration shall implement, in as cost-effective a manner as possible, the staffing model for aviation safety inspectors developed pursuant to the National Academy of Sciences study entitled 'Staffing Standards for Aviation Safety Inspectors'. In doing so, the Administrator shall consult with interested persons, including the exclusive bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.

"(b) Report.—Not later than January 1 of each year beginning after September 30, 2012, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, the staffing model described in subsection (a)."

Air Transportation of Lithium Cells and Batteries

Pub. L. 115–254, div. B, title III, §333, Oct. 5, 2018, 132 Stat. 3274, provided that:

"(a) Harmonization With ICAO Technical Instructions.—

"(1) Adoption of icao instructions.—

"(A) In general.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 44701 note), not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall conform United States regulations on the air transport of lithium cells and batteries with the lithium cells and battery requirements in the 2015–2016 edition of the International Civil Aviation Organization's (referred to in this subsection as 'ICAO') Technical Instructions (to include all addenda), including the revised standards adopted by ICAO which became effective on April 1, 2016 and any further revisions adopted by ICAO prior to the effective date of the FAA Reauthorization Act of 2018 [probably means Oct. 5, 2018].

"(B) Further proceedings.—Beginning on the date the revised regulations under subparagraph (A) are published in the Federal Register, any lithium cell and battery rulemaking action or update commenced on or after that date shall continue to comply with the requirements under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).

"(2) Review of other regulations.—Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), the Secretary of Transportation may initiate a review of other existing regulations regarding the air transportation, including passenger-carrying and cargo aircraft, of lithium batteries and cells.

"(b) Medical Device Batteries.—

"(1) In general.—For United States applicants, the Secretary of Transportation shall consider and either grant or deny, not later than 45 days after receipt of an application, an application submitted in compliance with part 107 of title 49, Code of Federal Regulations, for special permits or approvals for air transportation of lithium ion cells or batteries specifically used by medical devices. Not later than 30 days after the date of application, the Pipeline and Hazardous Materials Safety Administration shall provide a draft special permit to the Federal Aviation Administration based on the application. The Federal Aviation Administration shall conduct an on-site inspection for issuance of the special permit not later than 20 days after the date of receipt of the draft special permit from the Pipeline and Hazardous Materials Safety Administration.

"(2) Limited exceptions to restrictions on air transportation of medical device batteries.—The Secretary shall issue limited exceptions to the restrictions on transportation of lithium ion and lithium metal batteries to allow the shipment on a passenger aircraft of not more than 2 replacement batteries specifically used for a medical device if—

"(A) the intended destination of the batteries is not serviced daily by cargo aircraft if a battery is required for medically necessary care; and

"(B) with regard to a shipper of lithium ion or lithium metal batteries for medical devices that cannot comply with a charge limitation in place at the time, each battery is—

"(i) individually packed in an inner packaging that completely encloses the battery;

"(ii) placed in a rigid outer packaging; and

"(iii) protected to prevent a short circuit.

"(3) Medial [sic] device defined.—ln [sic] this subsection, the term 'medical device' means an instrument, apparatus, implement, machine, contrivance, implant, or in vitro reagent, including any component, part, or accessory thereof, which is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, of a person.

"(4) Savings clause.—Nothing in this subsection shall be construed as expanding or constricting any other authority the Secretary of Transportation has under section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).

"(c) Lithium Battery Safety Working Group.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall establish a lithium battery safety working group (referred to as the 'working group' in this section) to promote and coordinate efforts related to the promotion of the safe manufacture, use, and transportation of lithium batteries and cells.

"(2) Duties.—The working group shall coordinate and facilitate the transfer of knowledge and expertise among the following Federal agencies:

"(A) The Department of Transportation.

"(B) The Consumer Product Safety Commission.

"(C) The National Institute on Standards and Technology.

"(D) The Food and Drug Administration.

"(3) Members.—The Secretary shall appoint not more than 8 members to the working group with expertise in the safe manufacture, use, or transportation of lithium batteries and cells.

"(4) Subcommittees.—The Secretary, or members of the working group, may—

"(A) establish working group subcommittees to focus on specific issues related to the safe manufacture, use, or transportation of lithium batteries and cells; and

"(B) include in a subcommittee the participation of nonmember stakeholders with expertise in areas that the Secretary or members consider necessary.

"(5) Report.—Not later than 1 year after the date it is established, the working group shall—

"(A) identify and assess—

"(i) additional ways to decrease the risk of fires and explosions from lithium batteries and cells;

"(ii) additional ways to ensure uniform transportation requirements for both bulk and individual batteries; and

"(iii) new or existing technologies that may reduce the fire and explosion risk of lithium batteries and cells; and

"(B) transmit to the appropriate committees of Congress a report on the assessments conducted under subparagraph (A), including any legislative recommendations to effectuate the safety improvements described in clauses (i) through (iii) of that subparagraph.

"(6) Termination.—The working group, and any working group subcommittees, shall terminate 90 days after the date the report is transmitted under paragraph (5).

"(d) Lithium Battery Air Safety Advisory Committee.—

"(1) Establishment.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall establish, in accordance with the requirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], a lithium ion and lithium metal battery air safety advisory committee (in this subsection referred to as the 'Committee').

"(2) Duties.—The Committee shall—

"(A) facilitate communication between manufacturers of lithium ion and lithium metal cells and batteries, manufacturers of products incorporating both large and small lithium ion and lithium metal batteries, air carriers, and the Federal Government regarding the safe air transportation of lithium ion and lithium metal cells and batteries and the effectiveness and economic and social impacts of the regulation of such transportation;

"(B) provide the Secretary, the Federal Aviation Administration, and the Pipeline and Hazardous Materials Safety Administration with timely information about new lithium ion and lithium metal battery technology and transportation safety practices and methodologies;

"(C) provide a forum for the Secretary to provide information on and to discuss the activities of the Department of Transportation relating to lithium ion and lithium metal battery transportation safety, the policies underlying the activities, and positions to be advocated in international forums;

"(D) provide a forum for the Secretary to provide information and receive advice on—

"(i) activities carried out throughout the world to communicate and enforce relevant United States regulations and the ICAO Technical Instructions; and

"(ii) the effectiveness of the activities;

"(E) provide advice and recommendations to the Secretary with respect to lithium ion and lithium metal battery air transportation safety, including how best to implement activities to increase awareness of relevant requirements and their importance to travelers and shippers; and

"(F) review methods to decrease the risk posed by air shipment of undeclared hazardous materials and efforts to educate those who prepare and offer hazardous materials for shipment via air transport.

"(3) Membership.—The Committee shall be composed of the following members:

"(A) Individuals appointed by the Secretary to represent—

"(i) large volume manufacturers of lithium ion and lithium metal cells and batteries;

"(ii) domestic manufacturers of lithium ion and lithium metal batteries or battery packs;

"(iii) manufacturers of consumer products powered by lithium ion and lithium metal batteries;

"(iv) manufacturers of vehicles powered by lithium ion and lithium metal batteries;

"(v) marketers of products powered by lithium ion and lithium metal batteries;

"(vi) cargo air service providers based in the United States;

"(vii) passenger air service providers based in the United States;

"(viii) pilots and employees of air service providers described in clauses (vi) and (vii);

"(ix) shippers of lithium ion and lithium metal batteries for air transportation;

"(x) manufacturers of battery-powered medical devices or batteries used in medical devices; and

"(xi) employees of the Department of Transportation, including employees of the Federal Aviation Administration and the Pipeline and Hazardous Materials Safety Administration.

"(B) Representatives of such other Government departments and agencies as the Secretary determines appropriate.

"(C) Any other individuals the Secretary determines are appropriate to comply with Federal law.

"(4) Report.—

"(A) In general.—Not later than 180 days after the establishment of the Committee, the Committee shall submit to the Secretary and the appropriate committees of Congress a report that—

"(i) describes and evaluates the steps being taken in the private sector and by international regulatory authorities to implement and enforce requirements relating to the safe transportation by air of bulk shipments of lithium ion cells and batteries; and

"(ii) identifies any areas of enforcement or regulatory requirements for which there is consensus that greater attention is needed.

"(B) Independent statements.—Each member of the Committee shall be provided an opportunity to submit an independent statement of views with the report submitted pursuant to subparagraph (A).

"(5) Meetings.—

"(A) In general.—The Committee shall meet at the direction of the Secretary and at least twice a year.

"(B) Preparation for icao meetings.—Notwithstanding subparagraph (A), the Secretary shall convene a meeting of the Committee in connection with and in advance of each meeting of the International Civil Aviation Organization, or any of its panels or working groups, addressing the safety of air transportation of lithium ion and lithium metal batteries to brief Committee members on positions to be taken by the United States at such meeting and provide Committee members a meaningful opportunity to comment.

"(6) Termination.—The Committee shall terminate on the date that is 6 years after the date on which the Committee is established.

"(7) Termination of future of aviation advisory committee.—The Future of Aviation Advisory Committee shall terminate on the date on which the lithium ion battery air safety advisory committee is established.

"(e) Cooperative Efforts to Ensure Compliance With Safety Regulations.—

"(1) In general.—The Secretary of Transportation, in coordination with appropriate Federal agencies, shall carry out cooperative efforts to ensure that shippers who offer lithium ion and lithium metal batteries for air transport to or from the United States comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.

"(2) Cooperative efforts.—The cooperative efforts the Secretary shall carry out pursuant to paragraph (1) include the following:

"(A) Encouraging training programs at locations outside the United States from which substantial cargo shipments of lithium ion or lithium metal batteries originate for manufacturers, freight forwarders, and other shippers and potential shippers of lithium ion and lithium metal batteries.

"(B) Working with Federal, regional, and international transportation agencies to ensure enforcement of U.S. Hazardous Materials Regulations and ICAO Technical Instructions with respect to shippers who offer noncompliant shipments of lithium ion and lithium metal batteries.

"(C) Sharing information, as appropriate, with Federal, regional, and international transportation agencies regarding noncompliant shipments.

"(D) Pursuing a joint effort with the international aviation community to develop a process to obtain assurances that appropriate enforcement actions are taken to reduce the likelihood of noncompliant shipments, especially with respect to jurisdictions in which enforcement activities historically have been limited.

"(E) Providing information in brochures and on the internet in appropriate foreign languages and dialects that describes the actions required to comply with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.

"(F) Developing joint efforts with the international aviation community to promote a better understanding of the requirements of and methods of compliance with U.S. Hazardous Materials Regulations and ICAO Technical Instructions.

"(3) Reporting.—Not later than 120 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to the appropriate committees of Congress a report on compliance with the policy set forth in subsection (e) and the cooperative efforts carried out, or planned to be carried out, under this subsection.

"(f) Packaging Improvements.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with interested stakeholders, shall submit to the appropriate committees of Congress an evaluation of current practices for the packaging of lithium ion batteries and cells for air transportation, including recommendations, if any, to improve the packaging of such batteries and cells for air transportation in a safe, efficient, and cost-effective manner.

"(g) Department of Transportation Policy on International Representation.—

"(1) In general.—It shall be the policy of the Department of Transportation to support the participation of industry and labor stakeholders in all panels and working groups of the dangerous goods panel of the ICAO and any other international test or standard setting organization that considers proposals on the safety or transportation of lithium ion and lithium metal batteries in which the United States participates.

"(2) Participation.—The Secretary of Transportation shall request that as part of the ICAO deliberations in the dangerous goods panel on these issues, that appropriate experts on issues under consideration be allowed to participate.

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

"(1) ICAO technical instructions.—The term 'ICAO Technical Instructions' has the meaning given that term in section 828(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).

"(2) U.S. hazardous materials regulations.—The term 'U.S. Hazardous Materials Regulations' means the regulations in parts 100 through 177 of title 49, Code of Federal Regulations (including amendments adopted after the date of enactment of this Act [Oct. 5, 2018])."

Pub. L. 112–95, title VIII, §828, Feb. 14, 2012, 126 Stat. 133, provided that:

"(a) In General.—The Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions.

"(b) Exceptions.—

"(1) Passenger carrying aircraft.—Notwithstanding subsection (a), the Secretary may enforce the prohibition on transporting primary (non-rechargeable) lithium batteries and cells aboard passenger carrying aircraft set forth in special provision A100 under section 172.102(c)(2) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act [Feb. 14, 2012]).

"(2) Credible reports.—Notwithstanding subsection (a), if the Secretary obtains a credible report with respect to a safety incident from a national or international governmental regulatory or investigating body that demonstrates that the presence of lithium metal cells or batteries or lithium ion cells or batteries on an aircraft, whether transported separately or packed with or contained in equipment, in accordance with the requirements of the ICAO Technical Instructions, has substantially contributed to the initiation or propagation of an onboard fire, the Secretary—

"(A) may issue and enforce an emergency regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if that regulation—

"(i) addresses solely deficiencies referenced in the report; and

"(ii) is effective for not more than 1 year; and

"(B) may adopt and enforce a permanent regulation, more stringent than the requirements of the ICAO Technical Instructions, that governs the transportation by aircraft of such cells or batteries, if—

"(i) the Secretary bases the regulation upon substantial credible evidence that the otherwise permissible presence of such cells or batteries would substantially contribute to the initiation or propagation of an onboard fire;

"(ii) the regulation addresses solely the deficiencies in existing regulations; and

"(iii) the regulation imposes the least disruptive and least expensive variation from existing requirements while adequately addressing identified deficiencies.

"(c) ICAO Technical Instructions Defined.—In this section, the term 'ICAO Technical Instructions' means the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (as amended, including amendments adopted after the date of enactment of this Act [Feb. 14, 2012])."

Airline Safety and Pilot Training Improvement

Pub. L. 111–216, title II, Aug. 1, 2010, 124 Stat. 2350, as amended by Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628; Pub. L. 117–286, §4(a)(315), Dec. 27, 2022, 136 Stat. 4340, provided that:

"SEC. 201. DEFINITIONS.

"(a) [sic] Definitions.—In this title, the following definitions apply:

"(1) Advanced qualification program.—The term 'advanced qualification program' means the program established by the Federal Aviation Administration in Advisory Circular 120–54A, dated June 23, 2006, including any subsequent revisions thereto.

"(2) Air carrier.—The term 'air carrier' has the meaning given that term in section 40102 of title 49, United States Code.

"(3) Aviation safety action program.—The term 'aviation safety action program' means the program established by the Federal Aviation Administration in Advisory Circular 120–66B, dated November 15, 2002, including any subsequent revisions thereto.

"(4) Flight crewmember.—The term 'flight crewmember' has the meaning given the term 'flightcrew member' in part 1 of title 14, Code of Federal Regulations.

"(5) Flight operational quality assurance program.—The term 'flight operational quality assurance program' means the program established by the Federal Aviation Administration in Advisory Circular 120–82, dated April 12, 2004, including any subsequent revisions thereto.

"(6) Line operations safety audit.—The term 'line operations safety audit' means the procedure referenced by the Federal Aviation Administration in Advisory Circular 120–90, dated April 27, 2006, including any subsequent revisions thereto.

"(7) Part 121 air carrier.—The term 'part 121 air carrier' means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

"(8) Part 135 air carrier.—The term 'part 135 air carrier' means an air carrier that holds a certificate issued under part 135 of title 14, Code of Federal Regulations.

"SEC. 202. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY RECOMMENDATIONS.

"[Amended section 1135 of this title.]

"SEC. 203. FAA PILOT RECORDS DATABASE.

"[Amended section 44703 of this title.]

"SEC. 204. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT TRAINING.

"(a) Establishment.—The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the FAA Task Force on Air Carrier Safety and Pilot Training (in this section referred to as the 'Task Force').

"(b) Composition.—The Task Force shall consist of members appointed by the Administrator and shall include air carrier representatives, labor union representatives, and aviation safety experts with knowledge of foreign and domestic regulatory requirements for flight crewmember education and training.

"(c) Duties.—The duties of the Task Force shall include, at a minimum, evaluating best practices in the air carrier industry and providing recommendations in the following areas:

"(1) Air carrier management responsibilities for flight crewmember education and support.

"(2) Flight crewmember professional standards.

"(3) Flight crewmember training standards and performance.

"(4) Mentoring and information sharing between air carriers.

"(d) Report.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], and before the last day of each one-year period thereafter until termination of the Task Force, the Task Force shall submit 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 detailing—

"(1) the progress of the Task Force in identifying best practices in the air carrier industry;

"(2) the progress of air carriers and labor unions in implementing the best practices identified by the Task Force;

"(3) recommendations of the Task Force, if any, for legislative or regulatory actions;

"(4) the progress of air carriers and labor unions in implementing training-related, nonregulatory actions recommended by the Administrator; and

"(5) the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective safety practices.

"(e) Termination.—The Task Force shall terminate on September 30, 2012.

"(f) Applicability of Chapter 10 of Title 5, United States Code.—Chapter 10 of title 5, United States Code, shall not apply to the Task Force.

"SEC. 205. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH ANALYSTS.

"(a) Review by DOT Inspector General.—Not later than 9 months after the date of enactment of this Act [Aug. 1, 2010], the Inspector General of the Department of Transportation shall conduct a review of the aviation safety inspectors and operational research analysts of the Federal Aviation Administration assigned to part 121 air carriers and submit to the Administrator of the Federal Aviation Administration a report on the results of the review.

"(b) Purposes.—The purpose of the review shall be, at a minimum—

"(1) to review the level of the Administration's oversight of each part 121 air carrier;

"(2) to make recommendations to ensure that each part 121 air carrier is receiving an equivalent level of oversight;

"(3) to assess the number and level of experience of aviation safety inspectors assigned to each part 121 air carrier;

"(4) to evaluate how the Administration is making assignments of aviation safety inspectors to each part 121 air carrier;

"(5) to review various safety inspector oversight programs, including the geographic inspector program;

"(6) to evaluate the adequacy of the number of operational research analysts assigned to each part 121 air carrier;

"(7) to evaluate the surveillance responsibilities of aviation safety inspectors, including en route inspections;

"(8) to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the Air Transportation Oversight System, to assist in targeting oversight of each part 121 air carrier;

"(9) to assess the feasibility of establishment by the Administration of a comprehensive repository of information that encompasses multiple Administration data sources and allows access by aviation safety inspectors and operational research analysts to assist in the oversight of each part 121 air carrier; and

"(10) to conduct such other analyses as the Inspector General considers relevant to the review.

"SEC. 206. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADERSHIP.

"(a) Aviation Rulemaking Committee.—

"(1) In general.—The Administrator of the Federal Aviation Administration shall convene an aviation rulemaking committee to develop procedures for each part 121 air carrier to take the following actions:

"(A) Establish flight crewmember mentoring programs under which the air carrier will pair highly experienced flight crewmembers who will serve as mentor pilots and be paired with newly employed flight crewmembers. Mentor pilots should be provided, at a minimum, specific instruction on techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly employed flight crewmembers.

"(B) Establish flight crewmember professional development committees made up of air carrier management and labor union or professional association representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight crewmembers to reach their maximum potential as safe, seasoned, and proficient flight crewmembers.

"(C) Establish or modify training programs to accommodate substantially different levels and types of flight experience by newly employed flight crewmembers.

"(D) Establish or modify training programs for second-in-command flight crewmembers attempting to qualify as pilot-in-command flight crewmembers for the first time in a specific aircraft type and ensure that such programs include leadership and command training.

"(E) Ensure that recurrent training for pilots in command includes leadership and command training.

"(F) Such other actions as the aviation rulemaking committee determines appropriate to enhance flight crewmember professional development.

"(2) Compliance with sterile cockpit rule.—Leadership and command training described in paragraphs (1)(D) and (1)(E) shall include instruction on compliance with flight crewmember duties under part 121.542 of title 14, Code of Federal Regulations.

"(3) Streamlined program review.—

"(A) In general.—As part of the rulemaking required by subsection (b), the Administrator shall establish a streamlined review process for part 121 air carriers that have in effect, as of the date of enactment of this Act [Aug. 1, 2010], the programs described in paragraph (1).

"(B) Expedited approvals.—Under the streamlined review process, the Administrator shall—

"(i) review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the final rule referred to in subsection (b)(2); and

"(ii) expedite the approval of the programs that the Administrator determines meet such requirements.

"(b) Rulemaking.—The Administrator shall issue—

"(1) not later than one year after the date of enactment of this Act, a notice of proposed rulemaking based on the recommendations of the aviation rulemaking committee convened under subsection (a); and

"(2) not later than 36 months after such date of enactment, a final rule based on such recommendations.

"SEC. 207. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES.

"(a) Study.—The Administrator of the Federal Aviation Administration shall conduct a study on aviation industry best practices with regard to flight crewmember pairing, crew resource management techniques, and pilot commuting.

"(b) Report.—Not later than one year after the date of enactment of this Act [Aug. 1, 2010], the Administrator shall submit 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 on the results of the study.

"SEC. 208. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING RECOMMENDATIONS.

"(a) Rulemaking Proceedings.—

"(1) Stall and upset recognition and recovery training.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to provide flight crewmembers with ground training and flight training or flight simulator training—

"(A) to recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; and

"(B) to recognize and avoid an upset of an aircraft or, if not avoided, to execute such techniques as available data indicate are appropriate to recover from the upset in a given make, model, and series of aircraft.

"(2) Remedial training programs.—The Administrator shall conduct a rulemaking proceeding to require part 121 air carriers to establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment.

"(3) Deadlines.—The Administrator shall—

"(A) not later than one year after the date of enactment of this Act [Aug. 1, 2010], issue a notice of proposed rulemaking under each of paragraphs (1) and (2); and

"(B) not later than 36 months after the date of enactment of this Act, issue a final rule for the rulemaking under each of paragraphs (1) and (2).

"(b) Stick Pusher Training and Weather Event Training.—

"(1) Multidisciplinary panel.—Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary panel of specialists in aircraft operations, flight crewmember training, human factors, and aviation safety to study and submit to the Administrator a report on methods to increase the familiarity of flight crewmembers with, and improve the response of flight crewmembers to, stick pusher systems, icing conditions, and microburst and windshear weather events.

"(2) Report to congress and ntsb.—Not later than one year after the date on which the Administrator convenes the panel, the Administrator shall—

"(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel; and

"(B) with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.

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

"(1) Flight training and flight simulator.—The terms 'flight training' and 'flight simulator' have the meanings given those terms in part 61.1 of title 14, Code of Federal Regulations (or any successor regulation).

"(2) Stall.—The term 'stall' means an aerodynamic loss of lift caused by exceeding the critical angle of attack.

"(3) Stick pusher.—The term 'stick pusher' means a device that, at or near a stall, applies a nose down pitch force to an aircraft's control columns to attempt to decrease the aircraft's angle of attack.

"(4) Upset.—The term 'upset' means an unusual aircraft attitude.

"SEC. 209. FAA RULEMAKING ON TRAINING PROGRAMS.

"(a) Completion of Rulemaking on Training Programs.—Not later than 14 months after the date of enactment of this Act [Aug. 1, 2010], the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).

"(b) Expert Panel To Review Part 121 and Part 135 Training Hours.—

"(1) Establishment.—Not later than 60 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary expert panel comprised of, at a minimum, air carrier representatives, training facility representatives, instructional design experts, aircraft manufacturers, safety organization representatives, and labor union representatives.

"(2) Assessment and recommendations.—The panel shall assess and make recommendations concerning—

"(A) the best methods and optimal time needed for flight crewmembers of part 121 air carriers and flight crewmembers of part 135 air carriers to master aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;

"(B) initial and recurrent testing requirements for pilots, including the rigor and consistency of testing programs such as check rides;

"(C) the optimal length of time between training events for such flight crewmembers, including recurrent training events;

"(D) the best methods reliably to evaluate mastery by such flight crewmembers of aircraft systems, maneuvers, procedures, takeoffs and landings, and crew coordination;

"(E) classroom instruction requirements governing curriculum content and hours of instruction;

"(F) the best methods to allow specific academic training courses to be credited toward the total flight hours required to receive an airline transport pilot certificate; and

"(G) crew leadership training.

"(3) Best practices.—In making recommendations under subsection (b)(2), the panel shall consider, if appropriate, best practices in the aviation industry with respect to training protocols, methods, and procedures.

"(4) Report.—Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel.

"SEC. 210. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR TRANSPORTATION.

"[Amended section 41712 of this title.]

"SEC. 211. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.

"The Administrator of the Federal Aviation Administration shall perform, not less frequently than once each year, random, onsite inspections of air carriers that provide air transportation pursuant to a contract with a part 121 air carrier to ensure that such air carriers are complying with all applicable safety standards of the Administration.

"SEC. 212. PILOT FATIGUE.

"(a) Flight and Duty Time Regulations.—

"(1) In general.—In accordance with paragraph (3), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information, to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue.

"(2) Matters to be addressed.—In conducting the rulemaking proceeding under this subsection, the Administrator shall consider and review the following:

"(A) Time of day of flights in a duty period.

"(B) Number of takeoff and landings in a duty period.

"(C) Number of time zones crossed in a duty period.

"(D) The impact of functioning in multiple time zones or on different daily schedules.

"(E) Research conducted on fatigue, sleep, and circadian rhythms.

"(F) Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and Space Administration.

"(G) International standards regarding flight schedules and duty periods.

"(H) Alternative procedures to facilitate alertness in the cockpit.

"(I) Scheduling and attendance policies and practices, including sick leave.

"(J) The effects of commuting, the means of commuting, and the length of the commute.

"(K) Medical screening and treatment.

"(L) Rest environments.

"(M) Any other matters the Administrator considers appropriate.

"(3) Rulemaking.—The Administrator shall issue—

"(A) not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under paragraph (1); and

"(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).

"(b) Fatigue Risk Management Plan.—

"(1) Submission of fatigue risk management plan by part 121 air carriers.—Not later than 90 days after the date of enactment of this Act, each part 121 air carrier shall submit to the Administrator for review and acceptance a fatigue risk management plan for the carrier's pilots.

"(2) Contents of plan.—A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:

"(A) Current flight time and duty period limitations.

"(B) A rest scheme consistent with such limitations that enables the management of pilot fatigue, including annual training to increase awareness of—

"(i) fatigue;

"(ii) the effects of fatigue on pilots; and

"(iii) fatigue countermeasures.

"(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program—

"(i) to improve alertness; and

"(ii) to mitigate performance errors.

"(3) Review.—Not later than 12 months after the date of enactment of this Act, the Administrator shall review and accept or reject the fatigue risk management plans submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan.

"(4) Plan updates.—

"(A) In general.—A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and acceptance.

"(B) Review.—Not later than 12 months after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update.

"(5) Compliance.—A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection.

"(6) Civil penalties.—A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.

"(c) Effect of Commuting on Fatigue.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.

"(2) Study.—In conducting the study, the National Academy of Sciences shall consider—

"(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;

"(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;

"(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;

"(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;

"(E) postconference materials from the Federal Aviation Administration's June 2008 symposium titled 'Aviation Fatigue Management Symposium: Partnerships for Solutions';

"(F) Federal Aviation Administration and international policies and guidance regarding commuting; and

"(G) any other matters as the Administrator considers appropriate.

"(3) Preliminary findings.—Not later than 120 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.

"(4) Report.—Not later than 9 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.

"(5) Rulemaking.—Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall—

"(A) consider the findings and recommendations in the report; and

"(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.

"SEC. 213. VOLUNTARY SAFETY PROGRAMS.

"(a) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], the Administrator of the Federal Aviation Administration shall submit 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 on the aviation safety action program, the flight operational quality assurance program, the line operations safety audit, and the advanced qualification program.

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

"(1) a list of—

"(A) which air carriers are using one or more of the voluntary safety programs referred to in subsection (a); and

"(B) the voluntary safety programs each air carrier is using;

"(2) if an air carrier is not using one or more of the voluntary safety programs—

"(A) a list of such programs the carrier is not using; and

"(B) the reasons the carrier is not using each such program;

"(3) if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each such program;

"(4) a detailed analysis of how the Administration is using data derived from each of the voluntary safety programs as safety analysis and accident or incident prevention tools and a detailed plan on how the Administration intends to expand data analysis of such programs;

"(5) an explanation of—

"(A) where the data derived from the voluntary safety programs is stored;

"(B) how the data derived from such programs is protected and secured; and

"(C) what data analysis processes air carriers are implementing to ensure the effective use of the data derived from such programs;

"(6) a description of the extent to which aviation safety inspectors are able to review data derived from the voluntary safety programs to enhance their oversight responsibilities;

"(7) a description of how the Administration plans to incorporate operational trends identified under the voluntary safety programs into the air transport oversight system and other surveillance databases so that such system and databases are more effectively utilized;

"(8) other plans to strengthen the voluntary safety programs, taking into account reviews of such programs by the Inspector General of the Department of Transportation; and

"(9) such other matters as the Administrator determines are appropriate.

"SEC. 214. ASAP AND FOQA IMPLEMENTATION PLAN.

"(a) Development and Implementation Plan.—The Administrator of the Federal Aviation Administration shall develop and implement a plan to facilitate the establishment of an aviation safety action program and a flight operational quality assurance program by all part 121 air carriers.

"(b) Matters To Be Considered.—In developing the plan under subsection (a), the Administrator shall consider—

"(1) how the Administration can assist part 121 air carriers with smaller fleet sizes to derive a benefit from establishing a flight operational quality assurance program;

"(2) how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin to report data into the aviation safety information analysis sharing database; and

"(3) how part 121 air carriers and aviation safety inspectors can better utilize data from such database as accident and incident prevention tools.

"(c) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 1, 2010], the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the plan developed under subsection (a) and an explanation of how the Administration will implement the plan.

"(d) Deadline for Beginning Implementation of Plan.—Not later than one year after the date of enactment of this Act, the Administrator shall begin implementation of the plan developed under subsection (a).

"SEC. 215. SAFETY MANAGEMENT SYSTEMS.

"(a) Rulemaking.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require all part 121 air carriers to implement a safety management system.

"(b) Matters To Consider.—In conducting the rulemaking under subsection (a), the Administrator shall consider, at a minimum, including each of the following as a part of the safety management system:

"(1) An aviation safety action program.

"(2) A flight operational quality assurance program.

"(3) A line operations safety audit.

"(4) An advanced qualification program.

"(c) Deadlines.—The Administrator shall issue—

"(1) not later than 90 days after the date of enactment of this Act [Aug. 1, 2010], a notice of proposed rulemaking under subsection (a); and

"(2) not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).

"(d) Safety Management System Defined.—In this section, the term 'safety management system' means the program established by the Federal Aviation Administration in Advisory Circular 120–92, dated June 22, 2006, including any subsequent revisions thereto.

"SEC. 216. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.

"(a) Requirements.—

"(1) Rulemaking proceeding.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience.

"(2) Minimum requirements.—

"(A) Prospective flight crewmembers.—Rules issued under paragraph (1) shall ensure that prospective flight crewmembers undergo comprehensive preemployment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier's operational environment.

"(B) All flight crewmembers.—Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of enactment of this Act [Aug. 1, 2010], all flight crewmembers—

"(i) have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; and

"(ii) have appropriate multi-engine aircraft flight experience, as determined by the Administrator.

"(b) Deadlines.—The Administrator shall issue—

"(1) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

"(2) not later than 24 months after such date of enactment, a final rule under subsection (a).

"(c) Default.—The requirement that each flight crewmember for a part 121 air carrier hold an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations, shall begin to apply on the date that is 3 years after the date of enactment of this Act even if the Administrator fails to meet a deadline established under this section.

"SEC. 217. AIRLINE TRANSPORT PILOT CERTIFICATION.

"(a) Rulemaking Proceeding.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to amend part 61 of title 14, Code of Federal Regulations, to modify requirements for the issuance of an airline transport pilot certificate.

"(b) Minimum Requirements.—To be qualified to receive an airline transport pilot certificate pursuant to subsection (a), an individual shall—

"(1) have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and

"(2) have received flight training, academic training, or operational experience that will prepare a pilot, at a minimum, to—

"(A) function effectively in a multipilot environment;

"(B) function effectively in adverse weather conditions, including icing conditions;

"(C) function effectively during high altitude operations;

"(D) adhere to the highest professional standards; and

"(E) function effectively in an air carrier operational environment.

"(c) Flight Hours.—

"(1) Numbers of flight hours.—The total flight hours required by the Administrator under subsection (b)(1) shall be at least 1,500 flight hours.

"(2) Flight hours in difficult operational conditions.—The total flight hours required by the Administrator under subsection (b)(1) shall include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions.

"(d) Credit Toward Flight Hours.—The Administrator may allow specific academic training courses, beyond those required under subsection (b)(2), to be credited toward the total flight hours required under subsection (c). The Administrator may allow such credit based on a determination by the Administrator that allowing a pilot to take specific academic training courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement.

"(e) Recommendations of Expert Panel.—In conducting the rulemaking proceeding under this section, the Administrator shall review and consider the assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by section 209(b) of this Act.

"(f) Deadline.—Not later than 36 months after the date of enactment of this Act [Aug. 1, 2010], the Administrator shall issue a final rule under subsection (a)."

FAA Inspector Training

Pub. L. 108–176, title V, §506, Dec. 12, 2003, 117 Stat. 2560, provided that:

"(a) Study.—

"(1) In general.—The Comptroller General shall conduct a study of the training of the aviation safety inspectors of the Federal Aviation Administration (in this section referred to as 'FAA inspectors').

"(2) Contents.—The study shall include—

"(A) an analysis of the type of training provided to FAA inspectors;

"(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies;

"(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or on a quid pro quo basis; and

"(D) the amount of travel that is required of FAA inspectors in receiving training.

"(3) Report.—Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General shall transmit 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 on the results of the study.

"(b) Sense of the House.—It is the sense of the House of Representatives that—

"(1) FAA inspectors should be encouraged to take the most up-to-date initial and recurrent training on the latest aviation technologies;

"(2) FAA inspector training should have a direct relation to an individual's job requirements; and

"(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector.

"(c) Workload of Inspectors.—

"(1) Study by national academy of sciences.—Not later than 90 days after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the designee program.

"(2) Contents.—The study shall include the following:

"(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard.

"(B) The approximate cost and length of time for developing such models.

"(3) Report.—Not later than 12 months after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall transmit to Congress a report on the results of the study."

Air Transportation Oversight System

Pub. L. 106–181, title V, §513, Apr. 5, 2000, 114 Stat. 144, provided that:

"(a) Report.—Not later than August 1, 2000, the Administrator [of the Federal Aviation Administration] shall transmit 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 on the progress of the Federal Aviation Administration in implementing the air transportation oversight system, including in detail the training of inspectors under the system, the number of inspectors using the system, air carriers subject to the system, and the budget for the system.

"(b) Required Contents.—At a minimum, the report shall indicate—

"(1) any funding or staffing constraints that would adversely impact the Administration's ability to continue to develop and implement the air transportation oversight system;

"(2) progress in integrating the aviation safety data derived from such system's inspections with existing aviation data of the Administration in the safety performance analysis system of the Administration; and

"(3) the Administration's efforts in collaboration with the aviation industry to develop and validate safety performance measures and appropriate risk weightings for such system.

"(c) Update.—Not later than August 1, 2002, the Administrator shall update the report submitted under this section and transmit the updated report to the committees referred to in subsection (a)."

Regulation of Alaska Guide Pilots

Pub. L. 106–181, title VII, §732, Apr. 5, 2000, 114 Stat. 168, as amended by Pub. L. 118–63, title II, §218(h), May 16, 2024, 138 Stat. 1056, provided that:

"(a) In General.—Beginning on the date of the enactment of this Act [Apr. 5, 2000], flight operations conducted by Alaska guide pilots shall be regulated under the general operating and flight rules contained in part 91 of title 14, Code of Federal Regulations.

"(b) Definition of Alaska Guide Pilot.—In this section the term 'Alaska guide pilot' means a pilot who—

"(1) conducts aircraft operations over or within the State of Alaska;

"(2) operates single engine, fixed-wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and

"(3) transports clients by such aircraft incidental to hunting, fishing, or other guide services."

Aviation Medical Assistance

Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Aviation Medical Assistance Act of 1998'.

"SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.

"Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of the Federal Aviation Administration shall reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment, and, if the Administrator determines that such regulations should be modified as a result of such reevaluation, shall issue a notice of proposed rulemaking to modify such regulations.

"SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.

"(a) In General.—During the 1-year period beginning on the 90th day following the date of the enactment of this Act [Apr. 24, 1998], a major air carrier shall make a good faith effort to obtain, and shall submit quarterly reports to the Administrator of the Federal Aviation Administration on, the following:

"(1) The number of persons who died on aircraft of the air carrier, including any person who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on such aircraft.

"(2) The age of each such person.

"(3) Any information concerning cause of death that is available at the time such person died on the aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier.

"(4) Whether or not the aircraft was diverted as a result of the death or incident.

"(5) Such other information as the Administrator may request as necessary to aid in a decision as to whether or not to require automatic external defibrillators in airports or on aircraft operated by air carriers, or both.

"(b) Format.—The Administrator may specify a format for reports to be submitted under this section.

"SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.

"(a) In General.—Not later than 120 days after the last day of the 1-year period described in section 3, the Administrator of the Federal Aviation Administration shall make a decision on whether or not to require automatic external defibrillators on passenger aircraft operated by air carriers and whether or not to require automatic external defibrillators at airports.

"(b) Form of Decision.—A decision under this section shall be in the form of a notice of proposed rulemaking requiring automatic external defibrillators in airports or on passenger aircraft operated by air carriers, or both, or a recommendation to Congress for legislation requiring such defibrillators or a notice in the Federal Register that such defibrillators should not be required in airports or on such aircraft. If a decision under this section is in the form of a notice of proposed rulemaking, the Administrator shall make a final decision not later than the 120th day following the date on which comments are due on the notice of proposed rulemaking.

"(c) Contents.—If the Administrator decides that automatic external defibrillators should be required—

"(1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall include—

"(A) the size of the aircraft on which such defibrillators should be required;

"(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be required;

"(C) the training that should be required for air carrier personnel in the use of such defibrillators; and

"(D) the associated equipment and medication that should be required to be carried in the aircraft medical kit; and

"(2) at airports, the proposed rulemaking or recommendation shall include—

"(A) the size of the airport at which such defibrillators should be required;

"(B) the training that should be required for airport personnel in the use of such defibrillators; and

"(C) the associated equipment and medication that should be required at the airport.

"(d) Limitation.—The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less.

"(e) Special Rule.—If the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators.

"SEC. 5. LIMITATIONS ON LIABILITY.

"(a) Liability of Air Carriers.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the air carrier in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the acts or omissions of the passenger rendering the assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is a medically qualified individual.

"(b) Liability of Individuals.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency unless the individual, while rendering such assistance, is guilty of gross negligence or willful misconduct.

"SEC. 6. DEFINITIONS.

"In this Act—

"(1) the terms 'air carrier', 'aircraft', 'airport', 'interstate air transportation', 'overseas air transportation', and 'foreign air transportation' have the meanings such terms have under section 40102 of title 49, United States Code;

"(2) the term 'major air carrier' means an air carrier certificated under section 41102 of title 49, United States Code, that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of the enactment of this Act [Apr. 24, 1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of Federal Regulations; and

"(3) the term 'medically qualified individual' includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician."

Definitions

Pub. L. 115–254, div. B, title III, §301, Oct. 5, 2018, 132 Stat. 3260, provided that: "In this title [see Tables for classification], the following definitions apply:

"(1) Administrator.—The term 'Administrator' means the Administrator of the FAA.

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

§44702. Issuance of certificates

(a) General Authority and Applications.—The Administrator of the Federal Aviation Administration may issue airman certificates, design organization certificates, type certificates, production certificates, airworthiness certificates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter. An application for a certificate must—

(1) be under oath when the Administrator requires; and

(2) be in the form, contain information, and be filed and served in the way the Administrator prescribes.

(b) Considerations.—When issuing a certificate under this chapter, 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 certificate according to the differences between air transportation and other air commerce.

(c) Prior Certification.—The Administrator may authorize an aircraft, aircraft engine, propeller, or appliance for which a certificate has been issued authorizing the use of the aircraft, aircraft engine, propeller, or appliance in air transportation to be used in air commerce without another certificate being issued.

(d) Delegation.—(1) Subject to regulations, supervision, and review the Administrator may prescribe, the Administrator may delegate to a qualified private person, or to an employee under the supervision of that person, a matter related to—

(A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and

(B) issuing the certificate.

(2) The Administrator may rescind a delegation under this subsection at any time for any reason the Administrator considers appropriate.

(3) A person affected by an action of a private person under this subsection may apply for reconsideration of the action by the Administrator. On the Administrator's own initiative, the Administrator may reconsider the action of a private person at any time. If the Administrator decides on reconsideration that the action is unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. If the Administrator decides the action is warranted, the Administrator shall affirm the action.

(4)(A) With respect to a critical system design feature of a transport category airplane, the Administrator may not delegate any finding of compliance with applicable airworthiness standards or review of any system safety assessment required for the issuance of a certificate, including a type certificate, or amended or supplemental type certificate, under section 44704, until the Administrator has reviewed and validated any underlying assumptions related to human factors.

(B) The requirement under subparagraph (A) shall not apply if the Administrator determines the matter involved is a routine task.

(C) For purposes of subparagraph (A), the term critical system design feature includes any feature (including a novel or unusual design feature) for which the failure of such feature, either independently or in combination with other failures, could result in catastrophic or hazardous failure conditions, as those terms are defined by the Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531; Pub. L. 116–260, div. V, title I, §106, Dec. 27, 2020, 134 Stat. 2320.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44702(a)	49 App.:1422(a) (1st–10th words).	Aug. 23, 1958, Pub. L. 85–726, §§314 (less (a) (last sentence related to fees)), 601(b) (1st sentence related to issuing certificates, 2d sentence), 602(a) (1st–8th words), 603(a)(1), (b), (c) (as §603(a)(1), (b), (c) relate to issuing certificates), 604(a) (related to issuing certificates), 606 (last sentence), 607 (last sentence), 608, 72 Stat. 754, 775, 776, 777, 778, 779.
	49 App.:1423(a)(1), (b), (c) (as 49 App.:1423(a)(1), (b), (c) relate to issuing certificates).
	49 App.:1424(a) (related to issuing certificates).
	49 App.:1426 (last sentence).
	49 App.:1427 (last sentence).
	49 App.:1428.
	49 App.:1432(a) (related to issuing certificates).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(a) (related to issuing certificates); 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).	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.
44702(b)	49 App.:1421(b) (1st sentence related to issuing certificates).
	49 App.:1655(c)(1).
44702(c)	49 App.:1421(b) (2d sentence).
	49 App.:1655(c)(1).
44702(d)	49 App.:1355 (less (a) (last sentence related to fees)).
	49 App.:1655(c)(1).

In this section, the word "Administrator" in sections 601(b), 602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last sentence), and 608 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 776, 778, 779) is retained on authority of 49:106(g).

In subsection (a), the reference to a type certificate and production certificate is added for clarity.

In subsection (b)(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 (d)(1), before clause (A), the words "In exercising the powers and duties vested in him by this chapter" and "properly" are omitted as surplus. The words "or employees" are omitted because of 1:1. The word "matter" is substituted for "work, business, or function" to eliminate unnecessary words. In clause (B), the words "in accordance with standards established by him" are omitted as surplus.

In subsection (d)(2), the words "made by him" are omitted as surplus.

In subsection (d)(3), the words "exercising delegated authority" and "with respect to the authority granted under subsection (a) of this section" are omitted as surplus. The words "at any time" are substituted for "either before or after it has become effective", and the words "If the Administrator decides on reconsideration that the action is unreasonable or unwarranted" are substituted for "If, upon reconsideration by the Secretary of Transportation, it shall appear that the action in question is in any respect unjust or unwarranted", to eliminate unnecessary words. The words "the action" are substituted for "the same accordingly", and the words "If the Administrator decides the action is warranted, the Administrator shall affirm the action" are substituted for "otherwise, such action shall be affirmed", for clarity. The text of 49 App.:1355(b) (proviso) is omitted as unnecessary because of 5:559 (last sentence).

Editorial Notes

Amendments

2020—Subsec. (d)(4). Pub. L. 116–260 added par. (4).

2003—Subsec. (a). Pub. L. 108–176 inserted "design organization certificates," after "airman certificates," in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last day of the 7-year period beginning on Dec. 12, 2003.

Development of Analytical Tools and Certification Methods

Pub. L. 108–176, title VII, §706, Dec. 12, 2003, 117 Stat. 2582, provided that: "The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products."

§44703. Airman certificates

(a) General.—The Administrator of the Federal Aviation Administration shall issue an airman certificate to an individual when the Administrator finds, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position to be authorized by the certificate.

(b) Contents.—(1) An airman certificate shall—

(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;

(B) contain the name, address, and description of the individual to whom the certificate is issued;

(C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms on the duration of the certificate, periodic or special examinations, and tests of physical fitness;

(D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and

(E) designate the class the certificate covers.

(2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation "airline transport pilot" of the appropriate class.

(c) Public Information.—

(1) In general.—Subject to paragraph (2) and notwithstanding any other provision of law, the information contained in the records of contents of any airman certificate issued under this section that is limited to an airman's name, address, and ratings held shall be made available to the public after the 120th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.

(2) Opportunity to withhold information.—Before making any information concerning an airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not be made available to the public.

(3) Development and implementation of program.—Not later than 60 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall develop and implement, in cooperation with representatives of the aviation industry, a one-time written notification to airmen to set forth the implications of making information concerning an airman available to the public under paragraph (1) and to carry out paragraph (2). The Administrator shall also provide such written notification to each individual who becomes an airman after such date of enactment.

(d) Appeals.—(1) An individual whose application for the issuance or renewal of an airman certificate has been denied may appeal the denial to the National Transportation Safety Board, except if the individual holds a certificate that—

(A) is suspended at the time of denial; or

(B) was revoked within one year from the date of the denial.

(2) The Board shall conduct a hearing on the appeal at a place convenient to the place of residence or employment of the applicant. The Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration. At the end of the hearing, the Board shall decide whether the individual meets the applicable regulations and standards. The Administrator is bound by that decision.

(3) A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.

(e) Restrictions and Prohibitions.—The Administrator of the Federal Aviation Administration may—

(1) restrict or prohibit issuing an airman certificate to an alien; or

(2) make issuing the certificate to an alien dependent on a reciprocal agreement with the government of a foreign country.

(f) Controlled Substance Violations.—The Administrator of the Federal Aviation Administration may not issue an airman certificate to an individual whose certificate is revoked under section 44710 of this title except—

(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and

(2) as provided in section 44710(e)(2) of this title.

(g) Modifications in System.—(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for issuing airman certificates necessary to make the system more effective in serving the needs of airmen and 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 related to combating acts of terrorism. The modifications shall ensure positive and verifiable identification of each individual applying for or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the use of fictitious names and addresses by applicants for those certificates.

(B) the use of stolen or fraudulent identification in applying for those certificates.

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

(D) the use of counterfeit and stolen airman certificates by pilots.

(E) the absence of information about physical characteristics of holders of those certificates.

(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). 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.

(3) For purposes of this section, the term "acts of terrorism" means an activity that involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State, and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or kidnaping.

(4) The Administrator is authorized and directed to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals applying for or holding airmen certificates.

(h) Records of Employment of Pilot Applicants.—

(1) In general.—Subject to paragraph (14), before allowing an individual to begin service as a pilot, an air carrier shall request and receive the following information:

(A) FAA records.—From the Administrator of the Federal Aviation Administration, records pertaining to the individual that are maintained by the Administrator concerning—

(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and

(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.

(B) Air carrier and other records.—From any air carrier or other person (except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces) that has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or person—

(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in—

(I) section 121.683 of title 14, Code of Federal Regulations;

(II) paragraph (A) of section VI, appendix I, part 121 of such title;

(III) paragraph (A) of section IV, appendix J, part 121 of such title;

(IV) section 125.401 of such title; and

(V) section 135.63(a)(4) of such title; and

(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning—

(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;

(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and

(III) any release from employment or resignation, termination, or disqualification with respect to employment.

(C) National driver register records.—In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual.

(2) Written consent; release from liability.—An air carrier making a request for records under paragraph (1)—

(A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and

(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to execute a release from liability for any claim arising from the furnishing of such records to or the use of such records by such air carrier (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).

(3) 5-year reporting period.—A person shall not furnish a record in response to a request made under paragraph (1) if the record was entered more than 5 years before the date of the request, unless the information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in effect on the date of the request.

(4) Requirement to maintain records.—The Administrator and air carriers shall maintain pilot records described in paragraphs (1)(A) and (1)(B) for a period of at least 5 years.

(5) Receipt of consent; provision of information.—A person shall not furnish a record in response to a request made under paragraph (1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A). A person who receives a request for records under this subsection shall furnish a copy of all of such requested records maintained by the person not later than 30 days after receiving the request.

(6) Right to receive notice and copy of any record furnished.—A person who receives a request for records under paragraph (1) shall provide to the individual who is the subject of the records—

(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records; and

(B) in accordance with paragraph (10), a copy of such records, if requested by the individual.

(7) Reasonable charges for processing requests and furnishing copies.—A person who receives a request under paragraph (1) or (6) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records.

(8) Standard forms.—The Administrator shall promulgate—

(A) standard forms that may be used by an air carrier to request records under paragraph (1); and

(B) standard forms that may be used by an air carrier to—

(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and

(ii) inform the individual of—

(I) the request; and

(II) the individual right of that individual to receive a copy of any records furnished in response to the request.

(9) Right to correct inaccuracies.—An air carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring decision with respect to the individual.

(10) Right of pilot to review certain records.—Notwithstanding any other provision of law or agreement, an air carrier shall, upon written request from a pilot who is or has been employed by such carrier, make available, within a reasonable time, but not later than 30 days after the date of the request, to the pilot for review, any and all employment records referred to in paragraph (1)(B)(i) or (ii) pertaining to the employment of the pilot.

(11) Privacy protections.—An air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.

(12) Periodic review.—Not later than 18 months after the date of the enactment of the Pilot Records Improvement Act of 1996, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry—

(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be furnished under subparagraphs (A) and (B) of paragraph (1); or

(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).

(13) Regulations.—The Administrator shall prescribe such regulations as may be necessary—

(A) to protect—

(i) the personal privacy of any individual whose records are requested under paragraph (1) and disseminated under paragraph (15); and

(ii) the confidentiality of those records;

(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and

(C) to ensure prompt compliance with any request made under paragraph (1).

(14) Special rules with respect to certain pilots.—

(A) Pilots of certain small aircraft.—Notwithstanding paragraph (1), an air carrier, before receiving information requested about an individual under paragraph (1), may allow the individual to begin service for a period not to exceed 90 days as a pilot of an aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less, or a helicopter, on a flight that is not a scheduled operation (as defined in such section). Before the end of the 90-day period, the air carrier shall obtain and evaluate such information. The contract between the carrier and the individual shall contain a term that provides that the continuation of the individual's employment, after the last day of the 90-day period, depends on a satisfactory evaluation.

(B) Good faith exception.—Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual under paragraph (1)(B) from an air carrier or other person that no longer exists or from a foreign government or entity that employed the individual, may allow the individual to begin service as a pilot if the air carrier required to request the information has made a documented good faith attempt to obtain such information.

(15) Electronic access to faa records.—For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic access to a specified database containing information about such records. The terms shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that information obtained using such access will not be used for any purpose other than making the hiring decision.

(16) Applicability.—This subsection shall cease to be effective on the date specified in regulations issued under subsection (i).

(i) FAA Pilot Records Database.—

(1) In general.—Before allowing an individual to begin service as a pilot, an air carrier shall access and evaluate, in accordance with the requirements of this subsection, information pertaining to the individual from the pilot records database established under paragraph (2).

(2) Pilot records database.—Not later than April 30, 2017, the Administrator shall establish and make available for use an electronic database (in this subsection referred to as the "database") containing the following records:

(A) FAA records.—From the Administrator—

(i) records that are maintained by the Administrator concerning current airman certificates, including airman medical certificates and associated type ratings and information on any limitations to those certificates and ratings;

(ii) records that are maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and

(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.

(B) Air carrier and other records.—From any air carrier or other person (except a branch of the Armed Forces, the National Guard, or a reserve component of the Armed Forces) that has employed an individual as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for the air carrier or person—

(i) records pertaining to the individual that are maintained by the air carrier (other than records relating to flight time, duty time, or rest time) or person, including records under regulations set forth in—

(I) section 121.683 of title 14, Code of Federal Regulations;

(II) section 121.111(a) of such title;

(III) section 121.219(a) of such title;

(IV) section 125.401 of such title; and

(V) section 135.63(a)(4) of such title; and

(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning—

(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;

(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and

(III) any release from employment or resignation, termination, or disqualification with respect to employment.

(C) National driver register records.—In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual.

(3) Written consent; release from liability.—An air carrier—

(A) shall obtain the written consent of an individual before accessing records pertaining to the individual under paragraph (1); and

(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the carrier is accessing records under paragraph (1) to execute a release from liability for any claim arising from accessing the records or the use of such records by the air carrier in accordance with this section (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).

(4) Reporting.—

(A) Reporting by administrator.—The Administrator shall enter data described in paragraph (2)(A) into the database promptly to ensure that an individual's records are current.

(B) Reporting by air carriers and other persons.—

(i) In general.—Air carriers and other persons shall report data described in paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into the database.

(ii) Data to be reported.—Air carriers and other persons shall report, at a minimum, under clause (i) the following data described in paragraph (2)(B):

(I) Records that are generated by the air carrier or other person after the date of enactment of this paragraph.

(II) Records that the air carrier or other person is maintaining, on such date of enactment, pursuant to subsection (h)(4).

(5) Requirement to maintain records.—The Administrator—

(A) shall maintain all records entered into the database under paragraph (2) pertaining to an individual until the date of receipt of notification that the individual is deceased; and

(B) may remove the individual's records from the database after that date.

(6) Receipt of consent.—The Administrator shall not permit an air carrier to access records pertaining to an individual from the database under paragraph (1) without the air carrier first demonstrating to the satisfaction of the Administrator that the air carrier has obtained the written consent of the individual.

(7) Right of pilot to review certain records and correct inaccuracies.—Notwithstanding any other provision of law or agreement, the Administrator, upon receipt of written request from an individual—

(A) shall make available, not later than 30 days after the date of the request, to the individual for review all records referred to in paragraph (2) pertaining to the individual; and

(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records.

(8) Reasonable charges for processing requests and furnishing copies.—

(A) In general.—The Administrator may establish a reasonable charge for the cost of processing a request under paragraph (1) or (7) and for the cost of furnishing copies of requested records under paragraph (7).

(B) Crediting appropriations.—Funds received by the Administrator pursuant to this paragraph shall—

(i) be credited to the appropriation current when the amount is received;

(ii) be merged with and available for the purposes of such appropriation; and

(iii) remain available until expended.

(9) Privacy protections.—

(A) Use of records.—An air carrier that accesses records pertaining to an individual under paragraph (1) may use the records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the individual and the confidentiality of the records accessed, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.

(B) Disclosure of information.—

(i) In general.—Except as provided by clause (ii), information collected by the Administrator under paragraph (2) shall be exempt from the disclosure requirements of section 552(b)(3)(B) of title 5.

(ii) Exceptions.—Clause (i) shall not apply to—

(I) deidentified, summarized information to explain the need for changes in policies and regulations;

(II) information to correct a condition that compromises safety;

(III) information to carry out a criminal investigation or prosecution;

(IV) information to comply with section 44905, regarding information about threats to civil aviation; and

(V) such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities of the Federal Aviation Administration.

(10) Periodic review.—Not later than 18 months after the date of enactment of this paragraph, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry—

(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be included in the database under paragraph (2); or

(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).

(11) Regulations for protection and security of records.—The Administrator shall prescribe such regulations as may be necessary—

(A) to protect and secure—

(i) the personal privacy of any individual whose records are accessed under paragraph (1); and

(ii) the confidentiality of those records; and

(B) to preclude the further dissemination of records received under paragraph (1) by the person who accessed the records.

(12) Good faith exception.—Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining to the individual, if—

(A) the air carrier has made a documented good faith attempt to access the information from the database; and

(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the database.

(13) Limitations on electronic access to records.—

(A) Access by individuals designated by air carriers.—For the purpose of increasing timely and efficient access to records described in paragraph (2), the Administrator may allow, under terms established by the Administrator, an individual designated by an air carrier to have electronic access to the database.

(B) Terms.—The terms established by the Administrator under subparagraph (A) for allowing a designated individual to have electronic access to the database shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that—

(i) the designated individual has received the written consent of the pilot applicant to access the information; and

(ii) information obtained using such access will not be used for any purpose other than making the hiring decision.

(14) Authorized expenditures.—Of amounts appropriated under section 106(k)(1), a total of $6,000,000 for fiscal years 2010 through 2013 may be used to carry out this subsection.

(15) Regulations.—

(A) In general.—The Administrator shall issue regulations to carry out this subsection.

(B) Effective date.—The regulations shall specify the date on which the requirements of this subsection take effect and the date on which the requirements of subsection (h) cease to be effective.

(C) Exceptions.—Notwithstanding subparagraph (B)—

(i) the Administrator shall begin to establish the database under paragraph (2) not later than 90 days after the date of enactment of this paragraph;

(ii) the Administrator shall maintain records in accordance with paragraph (5) beginning on the date of enactment of this paragraph; and

(iii) air carriers and other persons shall maintain records to be reported to the database under paragraph (4)(B) in the period beginning on such date of enactment and ending on the date that is 5 years after the requirements of subsection (h) cease to be effective pursuant to subparagraph (B).

(16) Special rule.—During the one-year period beginning on the date on which the requirements of this section become effective pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied by substituting "45 days" for "30 days".

(j) Limitations on Liability; Preemption of State Law.—

(1) Limitation on liability.—No action or proceeding may be brought by or on behalf of an individual who has applied for or is seeking a position with an air carrier as a pilot and who has signed a release from liability, as provided for under subsection (h)(2) or (i)(3), against—

(A) the air carrier requesting the records of that individual under subsection (h)(1) or accessing the records of that individual under subsection (i)(1);

(B) a person who has complied with such request;

(C) a person who has entered information contained in the individual's records; or

(D) an agent or employee of a person described in subparagraph (A) or (B);

in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with subsection (h) or (i).

(2) Preemption.—No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (h) or (i).

(3) Provision of knowingly false information.—Paragraphs (1) and (2) shall not apply with respect to a person who furnishes information in response to a request made under subsection (h)(1) or who furnished information to the database established under subsection (i)(2), that—

(A) the person knows is false; and

(B) was maintained in violation of a criminal statute of the United States.

(4) Prohibition on actions and proceedings against air carriers.—

(A) Hiring decisions.—An air carrier may refuse to hire an individual as a pilot if the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute the release from liability requested under subsection (h)(2)(B) or (i)(3)(B).

(B) Actions and proceedings.—No action or proceeding may be brought against an air carrier by or on behalf of an individual who has applied for or is seeking a position as a pilot with the air carrier if the air carrier refused to hire the individual after the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under subsection (h)(2)(B) or (i)(3)(B).

(k) Limitation on Statutory Construction.—Nothing in subsection (h) or (i) shall be construed as precluding the availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident conducted by the Administrator, the National Transportation Safety Board, or a court.

(l) Temporary Airman Certificate.—An individual may obtain a temporary airman certificate from the Administrator after requesting a permanent replacement airman certificate issued under this section. A temporary airman certificate shall be—

(1) made available—

(A) electronically to the individual immediately upon submitting an online application for a replacement certificate to the Administrator; or

(B) physically to the individual at a flight standards district office—

(i) if the individual submits an online application for a replacement certificate; or

(ii) if the individual applies for a permanent replacement certificate other than by online application and such application has been received by the Federal Aviation Administration; and

(2) destroyed upon receipt of the permanent replacement airman certificate from the Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 106–181, title VII, §715, Apr. 5, 2000, 114 Stat. 162; Pub. L. 107–71, title I, §§129, 138(b), 140(a), Nov. 19, 2001, 115 Stat. 633, 640, 641; Pub. L. 111–216, title II, §203, Aug. 1, 2010, 124 Stat. 2352; Pub. L. 111–249, §6(3), (4), Sept. 30, 2010, 124 Stat. 2629; Pub. L. 112–95, title III, §§301(a), 310(c), Feb. 14, 2012, 126 Stat. 56, 65; Pub. L. 112–153, §2(c)(1), Aug. 3, 2012, 126 Stat. 1160; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 114–190, title II, §2101, July 15, 2016, 130 Stat. 619; Pub. L. 118–63, title VIII, §813, May 16, 2024, 138 Stat. 1327.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44703(a)	49 App.:1422(b)(1) (1st sentence, 2d sentence words before 6th comma).	Aug. 23, 1958, Pub. L. 85–726, §602(b)(1), 72 Stat. 776; Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313; Aug. 26, 1992, Pub. L. 102–345, §4, 106 Stat. 926.
	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.
44703(b)	49 App.:1422(a) (11th–last words).	Aug. 23, 1958, Pub. L. 85–726, §602(a) (9th–last words), (c), 72 Stat. 776.
	49 App.:1422(b)(1) (2d sentence words after 6th comma), (c).
	49 App.:1655(c)(1).
44703(c)(1)	49 App.:1422(b)(1) (3d sentence).
44703(c)(2)	49 App.:1422(b)(1) (4th, 5th sentences, last sentence words before proviso).
	49 App.:1655(c)(1).
44703(d)	49 App.:1422(b)(1) (last sentence proviso).
	49 App.:1655(c)(1).
44703(e)	49 App.:1422(b)(2)(A), (B).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(b)(2)(A), (B); added Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313; restated Nov. 18, 1988, Pub. L. 100–690, §7204(a), 102 Stat. 4425.
44703(f)(1)	49 App.:1422(d).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(d); added Nov. 18, 1988, Pub. L. 100–690, §7205(a), 102 Stat. 4426.
44703(f)(2)	49 App.:1401 (note).	Nov. 18, 1988, Pub. L. 100–690, §7207(a) (1st sentence), (b), 102 Stat. 4427.

In subsections (a)–(d), the word "Administrator" in section 602(a), (b)(1), and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).

In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words "is qualified" are substituted for "possesses proper qualifications" to eliminate unnecessary words. The words "to be authorized by the certificate" are substituted for "for which the airman certificate is sought" for clarity.

In subsection (b)(1)(C), the words "conditions, and limitations" are omitted as being included in "terms".

In subsection (b)(1)(E), the word "designate" is substituted for "be entitled with the designation of" to eliminate unnecessary words.

In subsection (c)(1), before clause (A), the words "may appeal . . . to" are substituted for "may file with . . . a petition for review of the Secretary of Transportation's action" for consistency with section 1109 of the revised title. The words "the individual holds a certificate that" are substituted for "persons whose certificates" for clarity.

In subsection (c)(2), the words "conduct a hearing on the appeal" are substituted for "thereupon assign such petition for hearing" for consistency. The words "In the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or standards" are omitted as surplus. The word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g). The words "meets the applicable regulations" are substituted for "meets the pertinent rules, regulations" because "rules" and "regulations" are synonymous and for consistency in the revised title.

In subsection (d), before clause (1), the words "in his discretion" are omitted as surplus. In clause (2), the words "the terms of" and "entered into" are omitted as surplus. The words "government of a foreign country" are substituted for "foreign governments" for consistency in the revised title and with other titles of the United States Code.

In subsection (f)(1), before clause (A), the words "established under this chapter" and "to pilots" are omitted as surplus.

In subsection (f)(2), 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). The words "Commissioner of Customs" are substituted for "United States Customs Service" because of 19:2071.

Editorial Notes

References in Text

The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (c)(1), (3), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec. (h)(12), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.

The date of enactment of this paragraph, referred to in subsec. (i)(4)(B)(ii), (10), (15)(C), is the date of enactment of Pub. L. 111–216, which was approved Aug. 1, 2010.

Codification

The text of section 44936(f) to (h) of this title, which was transferred to the end of this section, redesignated as subsecs. (h) to (j), respectively, and amended by Pub. L. 107–71, §§138(b), 140(a), was based on Pub. L. 104–264, title V, §502(a), Oct. 9, 1996, 110 Stat. 3259; amended Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508(b), Apr. 5, 2000, 114 Stat. 140.

Amendments

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

2016—Subsec. (i)(2). Pub. L. 114–190 substituted "Not later than April 30, 2017, the Administrator shall establish and make available for use" for "The Administrator shall establish".

2012—Subsec. (d)(2). Pub. L. 112–153 struck out "but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "Federal Aviation Administration".

Subsec. (d)(3). Pub. L. 112–95, §301(a), added par. (3).

Subsec. (i)(9)(B)(i). Pub. L. 112–95, §310(c), substituted "section 552(b)(3)(B) of title 5" for "section 552 of title 5".

2010—Subsec. (h)(16). Pub. L. 111–216, §203(a), added par. (16).

Subsec. (i). Pub. L. 111–216, §203(b)(2), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 111–216, §203(c)(1)(A), as amended by Pub. L. 111–249, §6(3), substituted "Limitations" for "Limitation" in heading.

Pub. L. 111–216, §203(b)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).

Subsec. (j)(1). Pub. L. 111–216, §203(c)(1)(B)(i), (iii), as amended by Pub. L. 111–249, §6(3), substituted "subsection (h)(2) or (i)(3)" for "paragraph (2)" in introductory provisions and "subsection (h) or (i)" for "subsection (h)" in concluding provisions.

Subsec. (j)(1)(A). Pub. L. 111–216, §203(c)(1)(B)(ii), as amended by Pub. L. 111–249, §6(3), inserted "or accessing the records of that individual under subsection (i)(1)" before semicolon.

Subsec. (j)(2). Pub. L. 111–216, §203(c)(1)(C), as amended by Pub. L. 111–249, §6(3), substituted "subsection (h) or (i)" for "subsection (h)".

Subsec. (j)(3). Pub. L. 111–216, §203(c)(1)(D), as amended by Pub. L. 111–249, §6(3), inserted "or who furnished information to the database established under subsection (i)(2)" after "subsection (h)(1)" in introductory provisions.

Subsec. (j)(4). Pub. L. 111–216, §203(c)(1)(E), as amended by Pub. L. 111–249, §6(3), added par. (4).

Subsec. (k). Pub. L. 111–216, §203(c)(2), as amended by Pub. L. 111–249, §6(4), substituted "subsection (h) or (i)" for "subsection (h)".

Pub. L. 111–216, §203(b)(1), redesignated subsec. (j) as (k).

2001—Subsec. (g)(1). Pub. L. 107–71, §129(1), in first sentence, substituted "needs of airmen" for "needs of pilots" and inserted "and related to combating acts of terrorism" before period at end.

Subsec. (g)(3), (4). Pub. L. 107–71, §129(2), added pars. (3) and (4).

Subsecs. (h) to (j). Pub. L. 107–71, §§138(b), 140(a), amended section identically, redesignating subsecs. (f) to (h) of section 44936 of this title as subsecs. (h) to (j), respectively, of this section, and substituting "subsection (h)" for "subsection (f)" wherever appearing in subsecs. (i) and (j). See Codification note above.

2000—Subsecs. (c) to (g). Pub. L. 106–181 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

Statutory Notes and Related Subsidiaries

Change of Name

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (g)(2) 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.

Effective Date of 2010 Amendment

Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111–216 as enacted.

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.

Termination Date

Subsec. (h) of this section ceases to be effective beginning on Sept. 9, 2024, see 14 C.F.R. §111.5(b).

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.

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Enhanced Qualification Program for Restricted Airline Transport Pilot Certificate

Pub. L. 118–63, title III, §372, May 16, 2024, 138 Stat. 1139, provided that:

"(a) Program.—

"(1) In general.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the 'Program') under which—

"(A) qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and

"(B) qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4).

"(2) Qualified instructors and evaluators.—Under the Program—

"(A) all testing and training shall be performed by qualified instructors; and

"(B) all evaluations shall be performed by qualified evaluators.

"(3) Pilot assessment.—Under the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot's aptitude, ability, and readiness for operation of transport category aircraft.

"(4) Program curriculum.—Under the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include—

"(A) a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall—

"(i) ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level;

"(ii) introduce the pilots to concepts associated with air carrier operations;

"(iii) meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and

"(iv) include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test;

"(B) an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall—

"(i) only be administered to prospective pilots who have completed the requirements under subparagraph (A);

"(ii) resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in—

     "(I) the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or

     "(II) at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and

"(iii) ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and

"(C) air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall—

"(i) only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test;

"(ii) include instructions on air carrier checklist usage and standard operating procedures; and

"(iii) integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training.

"(5) Application and certification.—Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including—

"(A) the assessment requirements under paragraph (3);

"(B) the curriculum requirements under paragraph (4);

"(C) the requirements for qualified instructors under subsection (d)(5); and

"(D) the requirements for eligible pilots under subsection (d)(2).

"(6) Data.—Under the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program.

"(7) Regular inspection.—Under the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.

"(b) Regulations.—The Administrator may issue regulations or guidance as determined necessary to carry out the Program.

"(c) Clarification Regarding Required Flight Hours.—The provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator's authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 [Pub. L. 111–216] (49 U.S.C. 44701 note) (as in effect on the date of enactment of this section [May 16, 2024]).

"(d) Definitions.—In this section:

"(1) Air carrier.—The term 'air carrier' has the meaning given that term in section 40102 of title 49, United States Code.

"(2) Eligible pilot.—The term 'eligible pilot' means a pilot that—

"(A) has—

"(i) graduated from a United States Armed Forces undergraduate pilot training school;

"(ii) obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or

"(iii) completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14;

"(B) has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and

"(C) meets the pilot assessment requirements under subsection (a)(3).

"(3) Qualified air carrier.—The term 'qualified air carrier' means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations.

"(4) Qualified evaluator.—The term 'qualified evaluator' means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title.

"(5) Qualified instructor.—The term 'qualified instructor' means an individual that—

"(A) is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations;

"(B) if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title;

"(C) if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating;

"(D) received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and

"(E) meets any other requirement determined appropriate by the Administrator."

Civil Airmen Statistics

Pub. L. 118–63, title IV, §402, May 16, 2024, 138 Stat. 1148, provided that:

"(a) Publication Frequency.—The Administrator [of the Federal Aviation Administration] shall publish the study commonly referred to as the 'U.S. Civil Airmen Statistics' on a monthly basis.

"(b) Presentation of Data.—The Administrator shall make the data from the study under subsection (a) publicly available on the website of the Administration in a user-friendly, downloadable format.

"(c) Expanded Data Criteria.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall ensure that data sets and tables published as part of the study described in subsection (a) display information relating to the sex of certificate holders in more instances.

"(d) Historical Data.—Not later than 1 year after the date of enactment of this Act, the Administrator shall make all previously published annual data from the study described in subsection (a) available on the website of the Administration."

Airman's Medical Bill of Rights

Pub. L. 118–63, title IV, §407, May 16, 2024, 138 Stat. 1153, provided that:

"(a) In General.—

"(1) Development.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall develop a document (in this section referred to as the 'Airman's Medical Bill of Rights') detailing the rights of an individual before, during, and after a medical examination conducted by an Aviation Medical Examiner.

"(2) Contents.—The Airman's Medical Bill of Rights required under paragraph (1) shall, at a minimum, contain information about the right of an individual to—

"(A) bring a trusted companion or request to have a chaperone present for a medical examination;

"(B) terminate an exam in accordance with guidelines from the Administrator for appropriately terminating such exam;

"(C) receive medical examination with respect and recognition of the dignity of the individual;

"(D) be assured of privacy and confidentiality;

"(E) select an Aviation Medical Examiner of the choice of the individual, as long as the Aviation Medical Examiner has the required designations;

"(F) privacy when changing, undressing, and using the restroom;

"(G) ask questions about FAA [Federal Aviation Administration] medical standards and the applicability to the current health status of the individual;

"(H) report an incident of misconduct by an Aviation Medical Examiner to the appropriate authorities, including to the State licensing board of the Aviation Medical Examiner or the FAA;

"(I) report to the Administrator an allegation regarding alleged Aviation Medical Examiner misconduct without fear of retaliation or negative action relating to an airman certificate of the individual; and

"(J) be advised of any known conflicts of interest an Aviation Medical Examiner may have with respect to the medical examination of the individual.

"(3) Public availability.—The Airman's Medical Bill of Rights required under paragraph (1) shall be—

"(A) made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);

"(B) made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and

"(C) displayed in a common space in the office of the Aviation Medical Examiner.

"(b) Expectations for Medical Examinations.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a simplified document explaining the standard procedures performed during a medical examination conducted by an Aviation Medical Examiner.

"(2) Public availability.—The document required under paragraph (1) shall be—

"(A) made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);

"(B) made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and

"(C) displayed in a common space in the office of the Aviation Medical Examiner."

Improved Designee Misconduct Reporting Process

Pub. L. 118–63, title IV, §408, May 16, 2024, 138 Stat. 1154, provided that:

"(a) Improved Designee Misconduct Reporting Process.—

"(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 establish a streamlined process for individuals involved in incidents of alleged misconduct by a designee to report such incidents in a manner that protects the privacy and confidentiality of such individuals.

"(2) Public access to reporting process.—The process for reporting alleged misconduct by a designee shall be made available to the public on the website of the Administration, including—

"(A) the designee locator search webpage; and

"(B) the webpage of the Office of Audit and Evaluation of the FAA [Federal Aviation Administration].

"(3) Obligation to report criminal charges.—Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the orders and policies governing the Designee Management System to clarify that designees are obligated to report any arrest, indictment, or conviction for violation of a local, State, or Federal law within a period of time specified by the Administrator.

"(4) Audit of reporting process by inspector general.—

"(A) In general.—Not later than 3 years after the date on which the Administrator finalizes the update of the reporting process under paragraph (1), the inspector general of the Department of Transportation shall conduct an audit of such reporting process.

"(B) Contents.—In conducting the audit of the reporting process described in subparagraph (A), the inspector general shall, at a minimum—

"(i) review the efforts of the Administration to improve the reporting process and solutions developed to respond to and investigate allegations of misconduct;

"(ii) analyze reports of misconduct brought to the Administrator prior to any changes made to the reporting process as a result of the enactment of this Act [Pub. L. 118–63], including the ultimate outcomes of those reports and whether any reports resulted in the Administrator taking action against the accused designee;

"(iii) determine whether the reporting process results in appropriate action, including reviewing, investigating, and closing out reports; and

"(iv) if applicable, make recommendations to improve the reporting process.

"(C) Report.—Not later than 1 year after the date of initiation of the audit described in subparagraph (A), the inspector 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 results of such audit, including findings and recommendations.

"(b) Designee Defined.—In this section, the term 'designee' means an individual who has been designated to act as a representative of the Administrator as—

"(1) an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations);

"(2) a pilot examiner (as described in section 183.23 of such title); or

"(3) a technical personnel examiner (as described in section 183.25 of such title)."

Aeromedical Innovation and Modernization Working Group

Pub. L. 118–63, title IV, §411, May 16, 2024, 138 Stat. 1156, 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 a working group (in this section referred to as the 'working group') to review the medical processes, policies, and procedures of the Administration and to make recommendations to the Administrator on modernizing such processes, policies, and procedures to ensure timely and efficient certification of airmen.

"(b) Membership.—

"(1) In general.—The working group shall consist of—

"(A) 2 co-chairs described in paragraph (2); and

"(B) not less than 15 individuals appointed by the Administrator, each of whom shall have knowledge or a background in aerospace medicine, psychiatry, neurology, cardiology, or internal medicine.

"(2) Co-chairs.—The working group shall be co-chaired by—

"(A) the Federal Air Surgeon of the FAA [Federal Aviation Administration]; and

"(B) a member described under paragraph (1)(A) to be selected by members of the working group.

"(3) Preference.—The Administrator, in appointing members pursuant to paragraph (1)(B), shall give preference to—

"(A) Aviation Medical Examiners (as described in section 183.21 of title 14, Code of Federal Regulations);

"(B) licensed medical physicians;

"(C) practitioners holding a pilot certificate; and

"(D) individuals having demonstrated research and expertise in aeromedical research or sciences.

"(c) Activities.—In reviewing the aeromedical decision-making processes, policies, and procedures of the Administration in accordance with subsection (a), the working group, at a minimum, shall—

"(1) assess the medical conditions an Aviation Medical Examiner may issue a medical certificate directly to an individual;

"(2) determine the appropriateness of the list of such medical conditions as of the date of enactment of this Act;

"(3) assess the special issuance process;

"(4) determine the appropriateness of whether a renewal of a special issuance can be based on a medical evaluation and treatment plan by the treating medical specialist of the individual pursuant to approval from an Aviation Medical Examiner;

"(5) evaluate advancements in technologies to address forms of red-green color blindness and determine whether such technologies may be approved for use by airmen;

"(6) review policies and guidance relating to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder;

"(7) evaluate whether medications used to treat such disorders may be safely prescribed to airmen;

"(8) review protocols pertaining to the Human Intervention Motivation Study of the FAA;

"(9) review protocols and policies relating to—

"(A) neurological disorders; and

"(B) cardiovascular conditions to ensure alignment with medical best practices, latest research;

"(10) review mental health protocols and medications approved for treating such mental health conditions, including such actions taken resulting from recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;

"(11) assess processes and protocols pertaining to recertification of airmen receiving disability insurance post-recovery from the medical condition, injury, or disability that precludes airmen from exercising the privileges of an airman certificate;

"(12) assess processes and protocols pertaining to the certification of veterans reporting a disability rating from the Department of Veterans Affairs; and

"(13) assess and evaluate the user interface and information-sharing capabilities of any online medical portal administered by the FAA.

"(d) Aviation Workforce Mental Health Task Group.—

"(1) Establishment.—Not later than 120 days after the working group pursuant to subsection (a) is established, the co-chairs of such working group shall establish an aviation workforce mental health task group (referred to in this subsection as the 'task group') to oversee, monitor, and evaluate efforts of the Administrator related to supporting the mental health of the aviation workforce.

"(2) Composition.—The co-chairs of such working group shall appoint—

"(A) a Chair of the task group; and

"(B) members of the task group from among the members of the working group appointed by the Administrator under subsection (b)(1).

"(3) Duties.—The duties of the task group shall include—

"(A) carrying out the activities described in subsection (c)(10);

"(B) soliciting feedback from aviation industry professionals or other licensed professionals representing air carrier operations under part 121 and part 135 of title 14, Code of Federal Regulations, and general aviation operations under part 91 of title 14, Code of Federal Regulations;

"(C) reviewing and evaluating guidance issued by the International Civil Aviation Organization on aviation workforce mental health;

"(D) providing advice, as appropriate, on the implementation of the final recommendations issued by the inspector general of the Department of Transportation in the report titled, 'FAA Conduct Comprehensive Evaluations of Pilots With Mental Health Challenges, but Opportunities Exist to Further Mitigate Safety Risks', published on July 12, 2023 (AV2023038);

"(E) monitoring and evaluating the implementation of recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;

"(F) expanding and improving mental health outreach, education, and assistance programs for the aviation workforce; and

"(G) reducing the stigma associated with mental healthcare in the aviation workforce.

"(4) Report.—Not later than 2 years after the date of the establishment of the task group, the task group shall submit to the Secretary [of Transportation] and 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 detailing—

"(A) the results of the review under paragraph (3)(A); and

"(B) progress on the implementation of recommendations pursuant to subparagraphs (D) and (E) of paragraph (3); and

"(C) the activities carried out pursuant to fulfilling the duties described in subparagraphs (F) and (G) of paragraph (3).

"(e) Support.—The Administrator shall seek to enter into 1 or more agreements with the National Academies to support the activities of the working group described in subsection (c).

"(f) Findings and Recommendations.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the working group shall submit to the Administrator and the appropriate committees of Congress a report on the findings and recommendations resulting from the activities carried out under subsection (c).

"(g) Implementation.—Not later than 1 year after receiving recommendations outlined in the report under subsection (f), the Administrator may take such action, as appropriate, to implement such recommendations.

"(h) Sunset.—The working group shall terminate on October 1, 2028."

Medical Portal Modernization Task Group

Pub. L. 118–63, title IV, §413, May 16, 2024, 138 Stat. 1159, provided that:

"(a) Establishment.—Not later than 120 days after the working group pursuant to section 411 [of Pub. L. 118–63, set out as a note above] is established, the co-chairs of such working group shall establish a medical portal modernization task group (in this section referred to as the 'task group') to evaluate the user interface and information sharing capabilities of an online medical portal administered by the FAA [Federal Aviation Administration].

"(b) Composition.—The co-chairs of the working group provided for in section 411 shall appoint—

"(1) a Chair of the task group; and

"(2) members of the task group from among the members of the working group appointed by the Administrator [of the Federal Aviation Administration] under section 411(b).

"(c) Assessment; Recommendations.—The task group shall, at a minimum, assess and evaluate the capabilities of any such medical portal and provide recommendations to improve the following:

"(1) The cybersecurity protections and protocols of any such medical portal, including the secure exchange of health information and records between Aviation Medical Examiners and pilots, or their designee, including the ability for airmen to submit additional information requested by the Administrator.

"(2) The status of an airman's medical application and the disclosure of how long an airman can expect to wait for a final determination to be issued by the Administrator.

"(3) The disclosure of the name and contact information of the Administrator's representative managing an airman's case so that an Aviation Medical Examiner has a point of contact within the Administration who is familiar with an airman's application.

"(d) Consultation.—In carrying out the duties described in subsection (c), the task group may consult with cybersecurity experts and individuals with a knowledge of securing electronic health care transactions.

"(e) Report.—Not later than 1 year after the date of the establishment of the task group, the task group shall submit to the Administrator and 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 detailing activities and recommendations of the task group.

"(f) Implementation.—Not later than 1 year after receiving the report described in subsection (e), the Administrator may take such action as may be necessary to implement recommendations of the task group to improve any such medical portal."

Military Aviation Maintenance Technicians Rule

Pub. L. 118–63, title IV, §426, May 16, 2024, 138 Stat. 1168, provided that:

"(a) Streamlined Certification for Eligible Military Maintenance Technicians.—

"(1) Rulemaking.—Not later than 18 months 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 to revise part 65 of title 14, Code of Federal Regulations, to—

"(A) create a military mechanic written competency test that addresses gaps between military and civilian experience; and

"(B) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a civilian mechanic certificate with airframe or powerplant ratings.

"(2) Consideration.—In carrying out paragraph (1), the Administrator shall evaluate and consider—

"(A) whether to allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the 'JSAMTCC') evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a designated mechanic examiner for eligible military maintenance technicians;

"(B) aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards as described in section 65.75 of title 14, Code of Federal Regulations, as appropriate, to the rating sought; and

"(C) any applicable recommendations by the Aviation Rulemaking Advisory Committee Airman Certification System Working Group.

"(b) Expansion of Testing Locations.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine—

"(1) whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing; and

"(2) how to implement such expansion, if appropriate.

"(c) Outreach and Awareness.—Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding services made available by the JSAMTCC and how such services can assist in facilitating the transition between military and civilian aviation maintenance careers.

"(d) Briefings.—

"(1) Initial briefing.—Not later than 180 days after the date on which the Administrator develops the outreach and awareness plan pursuant to subsection (c), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans' Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans' Affairs of the House of Representatives a briefing on the activities planned to implement the outreach and awareness plan.

"(2) Periodic briefing.—Not later than 2 years after the date of enactment of this Act, and 2 years thereafter, the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans' Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans' Affairs of the House of Representatives a briefing on any rulemaking activities carried out pursuant to subsection (a), including a timeline for the issuance of a final rule.

"(e) Eligible Military Maintenance Technician Defined.—For purposes of this section, the term 'eligible military maintenance technician' means an individual who—

"(1) has been a maintenance technician during service in the armed forces who was honorably discharged or has retired from the armed forces (as defined in section 101 of title 10, United States Code);

"(2) presents an official record of service in the armed forces confirming that the individual has been a military aviation maintenance technician, holding an appropriate Military Occupational Specialty Code, as determined by the Administrator, in coordination with the Secretary of Defense; and

"(3) presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations."

Timely Resolution of Investigations

Pub. L. 118–63, title VIII, §805, May 16, 2024, 138 Stat. 1323, provided that:

"(a) In General.—Not later than 2 years after the date of issuance of a letter of investigation to any person, as required by section 2(b) of the Pilot's Bill of Rights [Pub. L. 112–153] (49 U.S.C. 44703 note), the Administrator [of the Federal Aviation Administration] shall—

"(1) make a determination regarding such investigation and pursue subsequent action; or

"(2) close such investigation.

"(b) Extension.—

"(1) In general.—If, upon review of the facts and status of an investigation described in subsection (a), the Administrator determines that the time provided to make a final determination or close such investigation is insufficient, the Administrator shall approve an extension of such investigation for 2 years.

"(2) Additional extensions.—The Administrator may approve consecutive extensions under paragraph (1).

"(c) Delegation.—The Administrator may not delegate the authority to approve an extension described in subsection (b) to anyone other than the leadership of the Administration as described in section 106(b) of title 49, United States Code."

All Makes and Models Authorization

Pub. L. 118–63, title VIII, §806, May 16, 2024, 138 Stat. 1323, provided that:

"(a) In General.—

"(1) Unlimited letter of authorization.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall take such action as may be necessary to allow for the issuance of letters of authorizations to airmen with the authorization for—

"(A) all types and makes of experimental high–performance single engine piston powered aircraft; and

"(B) all types and makes of experimental high–performance multiengine piston powered aircraft.

"(2) Requirements.—An individual who holds a letter of authorization and applies for an authorization described in paragraph (1)(A) or (1)(B)—

"(A) shall be given an all-makes and models authorization of—

"(i) experimental single–engine piston powered authorized aircraft; or

"(ii) experimental multiengine piston powered authorized aircraft;

"(B) shall hold the appropriate category and class rating for the authorized aircraft;

"(C) shall hold 3 experimental aircraft authorizations in aircraft of the same category and class rating for the authorization sought; and

"(D) may become qualified in additional experimental aircraft by completing aircraft-specific ground and flight training.

"(b) Rule of Construction.—Nothing in this section may be construed to disallow an individual from being given both an authorization described in paragraph (1)(A) and an authorization described in paragraph (1)(B).

"(c) Failure to Comply.—

"(1) In general.—If the Administrator fails to implement subsection (a) within the time period prescribed in such subsection, 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 status of the implementation of such subsection on a monthly basis until the implementation is complete.

"(2) No delegation.—The Administrator may not delegate the briefing described in paragraph (1)."

BasicMed for Examiners Administering Tests or Proficiency Checks

Pub. L. 118–63, title VIII, §815, May 16, 2024, 138 Stat. 1328, provided that:

"(a) Equivalent Pilot-in-command Medical Requirements.—Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal Regulations, an examiner may administer a practical test or proficiency check if such examiner meets the medical qualification requirements under part 68 of title 14, Code of Federal Regulations, if the operation being conducted is in a covered aircraft, as such term is defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44703 note).

"(b) 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 issue a final rule to update part 61 of title 14, Code of Federal Regulations, to implement the requirements under subsection (a), in addition to any related requirements the Administrator finds are in the interest of aviation safety."

Designee Locator Tool Improvements

Pub. L. 118–63, title VIII, §816, May 16, 2024, 138 Stat. 1328, provided that:

"Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall ensure that the designee locator search function of the public website of the Designee Management System of the Administration has the functionality to—

"(1) filter a search for an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations) by sex, if such information is available;

"(2) display credentials and aircraft qualifications of a designated pilot examiner (as described in section 183.23 of such title); and

"(3) display the scheduling availability of a designated pilot examiner (as described in section 183.23 of such title) to administer a test or proficiency check to an airman."

National Coordination and Oversight of Designated Pilot Examiners

Pub. L. 118–63, title VIII, §833, May 16, 2024, 138 Stat. 1339, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall establish an office to provide oversight and facilitate national coordination of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.

"(b) Responsibilities.—The office described in subsection (a) shall be responsible for the following:

"(1) Oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.

"(2) Coordinating with other offices, as appropriate, to support the standardization of policy, guidance, and regulations across the FAA [Federal Aviation Administration] pertaining to the selection, training, duties, and deployment of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including evaluating the consistency by which such examiners apply Administration policies, orders, and guidance.

"(3) Evaluating the consistency by which such examiners apply FAA policies, orders, and guidance.

"(4) Coordinating placement and deployment of such examiners across regions based on demand for examinations from the pilot community.

"(5) Developing a code of conduct for such examiners.

"(6) Deploying a survey system to track the performance and merit of such examiners.

"(7) Facilitating an industry partnership to create a formal mentorship program for such examiners.

"(c) Coordination.—In carrying out the responsibilities listed in subsection (b), the Administrator shall ensure the office—

"(1) coordinates on an ongoing basis with flight standards district offices, designated pilot examiner managing specialists, and aviation industry stakeholders, including representatives of the general aviation community; and

"(2) considers whether to implement the final recommendations report issued by the Designated Pilot Examiner Reforms Working Group and accepted by the Aviation Rulemaking Advisory Committee on June 17, 2021.

"(d) Report.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], and biennially thereafter through fiscal year 2028, 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 that evaluates the use of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations (or any successor regulation), for testing, including both written and practical tests.

"(2) Contents.—The report under paragraph (1) shall include an analysis of—

"(A) the methodology and rationale by which designated pilot examiners are deployed;

"(B) with respect to the previous fiscal year, the average time an individual in each region must wait to schedule an appointment with a designated pilot examiner;

"(C) with respect to the previous fiscal year, the estimated total time individuals in each region were forced to wait to schedule an appointment with a designated pilot examiner;

"(D) the primary reasons and best ways to reduce wait times described in subparagraph (C);

"(E) the number of tests conducted by designated pilot examiners;

"(F) the number and percentage of available designated pilot examiners that perform such tests; and

"(G) the average rate of retests, including of both written and practical tests."

Applicability of Medical Certification Standards to Operators of Air Balloons

Pub. L. 115–254, div. B, title III, §318, Oct. 5, 2018, 132 Stat. 3269, provided that:

"(a) Short Title.—This section may be cited as the 'Commercial Balloon Pilot Safety Act of 2018'.

"(b) 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 revise section 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.

"(c) Air Balloon Defined.—In this section, the term 'air balloon' has the meaning given the term 'balloon' in section 1.1 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling)."

Designated Pilot Examiner Reforms

Pub. L. 115–254, div. B, title III, §319, Oct. 5, 2018, 132 Stat. 3269, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee (in this section referred to as the 'Committee') the task of reviewing all regulations and policies related to designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations. The Committee shall focus on the processes and requirements by which the FAA [Federal Aviation Administration] selects, trains, and deploys individuals as designated pilot examiners, and provide recommendations with respect to the regulatory and policy changes necessary to ensure an adequate number of designated pilot examiners are deployed and available to perform their duties. The Committee also shall make recommendations with respect to the regulatory and policy changes if necessary to allow a designated pilot examiner perform a daily limit of 3 new check rides with no limit for partial check rides and to serve as a designed pilot examiner without regard to any individual managing office.

"(b) Action Based on Recommendations.—Not later than 1 year after receiving recommendations under subsection (a), the Administrator shall take such action as the Administrator considers appropriate with respect to those recommendations."

Public Aircraft Eligible for Logging Flight Times

Pub. L. 118–63, title VIII, §826, May 16, 2024, 138 Stat. 1332, provided that:

"(a) Forestry and Fire Protection Flight Time Logging.—

"(1) In general.—Notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency.

"(2) Retroactive application.—Paragraph (1) shall be applied as if enacted on October 5, 2018.

"(b) Regulations.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall make such regulatory changes as are necessary to conform to the requirements of this section."

Pub. L. 115–254, div. B, title V, §517, Oct. 5, 2018, 132 Stat. 3359, provided that: "The Administrator [of the Federal Aviation Administration] shall issue regulations modifying section 61.51(j)(4) of title 14, Code of Federal Regulations, so as to include aircraft under the direct operational control of forestry and fire protection agencies as public aircraft eligible for logging flight times."

Portability of Repairman Certificates

Pub. L. 115–254, div. B, title V, §582, Oct. 5, 2018, 132 Stat. 3399, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee the task of making recommendations with respect to the regulatory and policy changes, as appropriate, to allow a repairman certificate issued under section 65.101 of title 14, Code of Federal Regulations, to be portable from one employing certificate holder to another.

"(b) Action Based on Recommendations.—Not later than 1 year after receiving recommendations under subsection (a), the Administrator may take such action as the Administrator considers appropriate with respect to those recommendations."

Medical Certification of Certain Small Aircraft Pilots

Pub. L. 114–190, title II, §2307, July 15, 2016, 130 Stat. 641, as amended by Pub. L. 118–63, title VIII, §828(a), May 16, 2024, 138 Stat. 1336, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if—

"(1) the individual possesses a valid driver's license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

"(2) the individual holds a medical certificate issued by the Federal Aviation Administration or has held such a certificate at any time after July 14, 2006;

"(3) the most recent medical certificate issued by the Federal Aviation Administration to the individual—

"(A) indicates whether the certificate is first, second, or third class;

"(B) may include authorization for special issuance;

"(C) may be expired;

"(D) cannot have been revoked or suspended; and

"(E) cannot have been withdrawn;

"(4) the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied;

"(5) the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course;

"(6) the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly;

"(7) the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 calendar months and—

"(A) prior to the examination, the individual—

"(i) completed the individual's section of the checklist described in subsection (b); and

"(ii) provided the completed checklist to the physician performing the examination; and

"(B) the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b), checking each item specified during the examination and addressing, as medically appropriate, every medical condition listed, and any medications the individual is taking; and

"(8) the individual is operating in accordance with the following conditions:

"(A) The covered aircraft is carrying not more than 6 passengers.

"(B) The individual is operating the covered aircraft under visual flight rules or instrument flight rules.

"(C) The flight, including each portion of that flight, is not carried out—

"(i) for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

"(ii) at an altitude that is more than 18,000 feet above mean sea level;

"(iii) outside the United States, unless authorized by the country in which the flight is conducted; or

"(iv) at an indicated air speed exceeding 250 knots.

"(b) Comprehensive Medical Examination.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in subsection (a)(7).

"(2) Requirements.—The checklist shall contain—

"(A) a section, for the individual to complete that contains—

"(i) boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Administration Form 8500–8 (3–99) (or any successor form); and

"(ii) a signature line for the individual to affirm that—

     "(I) the answers provided by the individual on that checklist, including the individual's answers regarding medical history, are true and complete;

     "(II) the individual understands that he or she is prohibited under Federal Aviation Administration regulations from acting as pilot in command, or any other capacity as a required flight crew member, if he or she knows or has reason to know of any medical deficiency or medically disqualifying condition that would make the individual unable to operate the aircraft in a safe manner; and

     "(III) the individual is aware of the regulations pertaining to the prohibition on operations during medical deficiency and has no medically disqualifying conditions in accordance with applicable law;

"(B) a section with instructions for the individual to provide the completed checklist to the physician performing the comprehensive medical examination required in subsection (a)(7); and

"(C) a section, for the physician to complete, that instructs the physician—

"(i) to perform a clinical examination of—

     "(I) head, face, neck, and scalp;

     "(II) nose, sinuses, mouth, and throat;

     "(III) ears, general (internal and external canals), and eardrums (perforation);

     "(IV) eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associated parallel movement, nystagmus);

     "(V) lungs and chest (not including breast examination);

     "(VI) heart (precordial activity, rhythm, sounds, and murmurs);

     "(VII) vascular system (pulse, amplitude, and character, and arms, legs, and others);

     "(VIII) abdomen and viscera (including hernia);

     "(IX) anus (not including digital examination);

     "(X) skin;

     "(XI) G–U system (not including pelvic examination);

     "(XII) upper and lower extremities (strength and range of motion);

     "(XIII) spine and other musculoskeletal;

     "(XIV) identifying body marks, scars, and tattoos (size and location);

     "(XV) lymphatics;

     "(XVI) neurologic (tendon reflexes, equilibrium, senses, cranial nerves, and coordination, etc.);

     "(XVII) psychiatric (appearance, behavior, mood, communication, and memory);

     "(XVIII) general systemic;

     "(XIX) hearing;

     "(XX) vision (distant, near, and intermediate vision, field of vision, color vision, and ocular alignment);

     "(XXI) blood pressure and pulse; and

     "(XXII) anything else the physician, in his or her medical judgment, considers necessary;

"(ii) to exercise medical discretion to address, as medically appropriate, any medical conditions identified, and to exercise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination;

"(iii) to discuss all drugs the individual reports taking (prescription and nonprescription) and their potential to interfere with the safe operation of an aircraft or motor vehicle;

"(iv) to sign the checklist, stating: 'I certify that I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft or motor vehicle, and performed an examination that included all of the items on this checklist. I certify that I am not aware of any medical condition that, as presently treated, could interfere with the individual's ability to safely operate an aircraft.'; and

"(v) to provide the date the comprehensive medical examination was completed, and the physician's full name, address, telephone number, and State medical license number.

"(3) Logbook.—The completed checklist shall be retained in the individual's logbook and made available on request.

"(c) Medical Education Course Requirements.—The medical education course described in this subsection shall—

"(1) be available on the Internet free of charge;

"(2) be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;

"(3) educate pilots on conducting medical self-assessments;

"(4) advise pilots on identifying warning signs of potential serious medical conditions;

"(5) identify risk mitigation strategies for medical conditions;

"(6) increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;

"(7) encourage regular medical examinations and consultations with primary care physicians;

"(8) inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions;

"(9) provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and

"(10) upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation Administration—

"(A) a certification of completion of the medical education course, which shall be printed and retained in the individual's logbook and made available upon request, and shall contain the individual's name, address, and airman certificate number;

"(B) subject to subsection (d), a release authorizing the National Driver Register through a designated State Department of Motor Vehicles to furnish to the Federal Aviation Administration information pertaining to the individual's driving record;

"(C) a certification by the individual that the individual is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly, as required under subsection (a)(6);

"(D) a form that includes—

"(i) the name, address, telephone number, and airman certificate number of the individual;

"(ii) the name, address, telephone number, and State medical license number of the physician performing the comprehensive medical examination required in subsection (a)(7);

"(iii) the date of the comprehensive medical examination required in subsection (a)(7); and

"(iv) a certification by the individual that the checklist described in subsection (b) was followed and signed by the physician in the comprehensive medical examination required in subsection (a)(7); and

"(E) a statement, which shall be printed, and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stating: 'I understand that I cannot act as pilot in command, or any other capacity as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner.'.

"(d) National Driver Register.—The authorization under subsection (c)(10)(B) shall be an authorization for a single access to the information contained in the National Driver Register.

"(e) Special Issuance Process.—

"(1) In general.—An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:

"(A) A mental health disorder, limited to an established medical history or clinical diagnosis of—

"(i) personality disorder that is severe enough to have repeatedly manifested itself by overt acts;

"(ii) psychosis, defined as a case in which an individual—

     "(I) has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis; or

     "(II) may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis;

"(iii) bipolar disorder; or

"(iv) substance dependence within the previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal Regulations.

"(B) A neurological disorder, limited to an established medical history or clinical diagnosis of any of the following:

"(i) Epilepsy.

"(ii) Disturbance of consciousness without satisfactory medical explanation of the cause.

"(iii) A transient loss of control of nervous system functions without satisfactory medical explanation of the cause.

"(C) A cardiovascular condition, limited to a one-time special issuance for each diagnosis of the following:

"(i) Myocardial infraction [sic].

"(ii) Coronary heart disease that has required treatment.

"(iii) Cardiac valve replacement.

"(iv) Heart replacement.

"(2) Special rule for cardiovascular conditions.—In the case of an individual with a cardiovascular condition, the process for obtaining an Authorization for Special Issuance of a Medical Certificate shall be satisfied with the successful completion of an appropriate clinical evaluation without a mandatory wait period.

"(3) Special rule for mental health conditions.—

"(A) In general.—In the case of an individual with a clinically diagnosed mental health condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

"(i) in the judgment of the individual's State-licensed medical specialist, the condition—

     "(I) renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

     "(II) may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

"(ii) the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed mental health condition.

"(B) Certification.—Subject to subparagraph (A), an individual clinically diagnosed with a mental health condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that mental health condition.

"(4) Special rule for neurological conditions.—

"(A) In general.—In the case of an individual with a clinically diagnosed neurological condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

"(i) in the judgment of the individual's State-licensed medical specialist, the condition—

     "(I) renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

     "(II) may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

"(ii) the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed neurological condition.

"(B) Certification.—Subject to subparagraph (A), an individual clinically diagnosed with a neurological condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that neurological condition.

"(f) Identification of Additional Medical Conditions for CACI Program.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall review and identify additional medical conditions that could be added to the program known as the Conditions AMEs Can Issue (CACI) program.

"(2) Consultations.—In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

"(3) Report required.—Not later than 180 days after the date of enactment of this Act, 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 listing the medical conditions that have been added to the CACI program under paragraph (1).

"(g) Expedited Authorization for Special Issuance of a Medical Certificate.—

"(1) In general.—The Administrator shall implement procedures to expedite the process for obtaining an Authorization for Special Issuance of a Medical Certificate under section 67.401 of title 14, Code of Federal Regulations.

"(2) Consultations.—In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

"(3) Report required.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing how the procedures implemented under paragraph (1) will streamline the process for obtaining an Authorization for Special Issuance of a Medical Certificate and reduce the amount of time needed to review and decide special issuance cases.

"(h) Report Required.—Not later than 4 years after the date of enactment of the FAA Reauthorization Act of 2024 [May 16, 2024], the Administrator, in coordination with the National Transportation Safety Board, shall submit 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 that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.

"(i) Prohibition on Enforcement Actions.—Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet, through a good faith effort, the applicable requirements under subsection (a), except paragraph (5) of that subsection, unless the Administrator has published final regulations in the Federal Register under that subsection.

"(j) Covered Aircraft Defined.—In this section, the term 'covered aircraft' means an aircraft that—

"(1) is authorized under Federal law to carry not more than 7 occupants;

"(2) has a maximum certificated takeoff weight of not more than 12,500 pounds; and

"(3) is not a transport category rotorcraft certified to airworthiness standards under part 29 of title 14, Code of Federal Regulations.

"(k) Operations Covered.—The provisions and requirements covered in this section do not apply to pilots who elect to operate under the medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.

"(l) Authority To Require Additional Information.—

"(1) In general.—If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator's Safety Hotline, that reflects on an individual's ability to safely operate a covered aircraft under the third-class medical certificate exemption in subsection (a), the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating a covered aircraft.

"(2) Use of information.—The Administrator may use credible or urgent information received under paragraph (1) to request an individual to provide additional information or to take actions under section 44709(b) of title 49, United States Code."

[Pub. L. 118–63, title VIII, §828(b), (c), May 16, 2024, 138 Stat. 1336, provided that:

["(b) Rulemaking.—The Administrator [of the Federal Aviation Administration] shall update regulations in parts 61 and 68 of title 14, Code of Federal Regulations, as necessary, to implement the amendments made by this section [amending section 2307 of Pub. L. 114–190, set out above].

["(c) Applicability.—Beginning on the date that is 180 days after the date of enactment of this Act [May 16, 2024], the Administrator shall apply parts 61 and 68, Code of Federal Regulations, in a manner reflecting the amendments made by this section."]

Federal Aviation Administration Enforcement Proceedings and Elimination of Deference

Pub. L. 112–153, §2, Aug. 3, 2012, 126 Stat. 1159, as amended by Pub. L. 115–254, div. B, title III, §392, Oct. 5, 2018, 132 Stat. 3323; Pub. L. 118–63, title VIII, §807, May 16, 2024, 138 Stat. 1324, provided that:

"(a) In General.—Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure [28 U.S.C. App.] and the Federal Rules of Evidence [28 U.S.C. App.].

"(b) Access to Information.—

"(1) In general.—Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this section as the 'Administrator') shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code.

"(2) Information required.—The notification required under paragraph (1) shall inform the individual—

"(A) of the nature of the investigation and the specific activity on which the investigation is based;

"(B) that an oral or written response to a Letter of Investigation from the Administrator is not required;

"(C) that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator;

"(D) that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual;

"(E) that the releasable portions of the Administrator's investigative report will be available to the individual; and

"(F) that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4).

"(3) Exception.—The Administrator may delay notification under paragraph (1) if the Administrator determines that such notification may threaten the integrity of the investigation.

"(4) Access to air traffic data.—

"(A) FAA air traffic data.—The Administrator shall provide an individual described in paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation Administration that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph.

"(B) Air traffic data defined.—As used in subparagraph (A), the term 'air traffic data' includes—

"(i) relevant air traffic communication tapes;

"(ii) radar information;

"(iii) air traffic controller statements;

"(iv) flight data;

"(v) investigative reports; and

"(vi) any other air traffic or flight data in the Federal Aviation Administration's possession that would facilitate the individual's ability to productively participate in the proceeding.

"(C) Government contractor air traffic data.—

"(i) In general.—Any individual described in paragraph (1) is entitled to obtain any air traffic data that would facilitate the individual's ability to productively participate in a proceeding relating to an investigation described in such paragraph from a government contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations.

"(ii) Required information from individual.—The individual may obtain the information described in clause (i) by submitting a request to the Administrator that—

     "(I) describes the facility at which such information is located; and

     "(II) identifies the date on which such information was generated.

"(iii) Provision of information to individual.—If the Administrator receives a request under this subparagraph, the Administrator shall—

     "(I) request the contractor to provide the requested information; and

     "(II) upon receiving such information, transmitting the information to the requesting individual in a timely manner.

"(5) Timing.—Except when the Administrator determines that an emergency exists under section 44709(e)(2) or 46105(c) [of title 49, United States Code], the Administrator may not proceed against an individual that is the subject of an investigation described in paragraph (1) during the 30-day period beginning on the date on which the air traffic data required under paragraph (4) is made available to the individual.

"(6) Response to letter of investigation.—

"(A) In general.—If an individual decides to respond to a Letter of Investigation described in paragraph (2)(B), such individual may respond not later than 30 days after receipt of such Letter, including providing written comments on the incident to the investigating office.

"(B) Construction.—Nothing in this paragraph shall be construed to diminish the authority of the Administrator (as of the day before the date of enactment of the FAA Reauthorization Act of 2024 [May 16, 2024]) to take emergency action relating to an airman certificate.

"(c) Amendments to Title 49.—

"(1) Airman certificates.—[Amended this section.]

"(2) Amendments, modifications, suspensions, and revocations of certificates.—[Amended section 44709 of this title.]

"(3) Revocation of airman certificates for controlled substance violations.—[Amended section 44710 of this title.]

"(d) Appeal From Certificate Actions.—

"(1) In general.—Upon a decision by the National Transportation Safety Board upholding an order or a final decision by the Administrator denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of the Board may, at the individual's election, file an appeal in the United States district court in which the individual resides or in which the action in question occurred, or in the United States District Court for the District of Columbia. If the individual substantially affected by an order of the Board elects not to file an appeal in a United States district court, the individual may file an appeal in an appropriate United States court of appeals.

"(2) Emergency order pending judicial review.—Subsequent to a decision by the Board to uphold an Administrator's emergency order under section 44709(e)(2) of title 49, United States Code, and absent a stay of the enforcement of that order by the Board, the emergency order of amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending the exhaustion of an appeal to a Federal district court as provided in this Act [amending this section and sections 44709 and 44710 of this title and enacting provisions set out as notes under this section and sections 40101 and 44701 of this title].

"(e) Standard of Review.—

"(1) In general.—In an appeal filed under subsection (d) in a United States district court, the district court shall give full independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any decision by the Administrator to make such order effective immediately.

"(2) Evidence.—A United States district court's review under paragraph (1) shall include in evidence any record of the proceeding before the Administrator and any record of the proceeding before the National Transportation Safety Board, including hearing testimony, transcripts, exhibits, decisions, and briefs submitted by the parties.

"(f) Release of Investigative Reports.—

"(1) In general.—

"(A) Emergency orders.—In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under subsections (d) and (e) of section 44709, section 44710, or section 46105(c) of title 49, United States Code, or another order that takes effect immediately, the Administrator shall provide, upon request, to the individual holding the airman certificate the releasable portion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time of the request, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report not later than 5 days after its completion.

"(B) Other orders.—In any nonemergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator notifies the certificate holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered certificate holder the releasable portion of the investigative report.

"(2) Motion for dismissal.—If the Administrator does not provide the releasable portions of the investigative report to the individual holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the failure to provide the investigative report or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers appropriate.

"(3) Releasable portion of investigative report.—For purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following:

"(A) Information that is privileged.

"(B) Information that constitutes work product or reflects internal deliberative process.

"(C) Information that would disclose the identity of a confidential source.

"(D) Information the disclosure of which is prohibited by any other provision of law.

"(E) Information that is not relevant to the subject matter of the proceeding.

"(F) Information the Administrator can demonstrate is withheld for good cause.

"(G) Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation).

"(4) Rule of construction.—Nothing in this subsection shall be construed to prevent the Administrator from releasing to an individual subject to an investigation described in subsection (b)(1)—

"(A) information in addition to the information included in the releasable portion of the investigative report; or

"(B) a copy of the investigative report before the Administrator issues a complaint."

Medical Certification

Pub. L. 112–153, §4, Aug. 3, 2012, 126 Stat. 1162, provided that:

"(a) Assessment.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2012], the Comptroller General of the United States shall initiate an assessment of the Federal Aviation Administration's medical certification process and the associated medical standards and forms.

"(2) Report.—The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that examines—

"(A) revisions to the medical application form that would provide greater clarity and guidance to applicants;

"(B) the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an individual's medically relevant circumstances; and

"(C) steps that could be taken to promote the public's understanding of the medical requirements that determine an airman's medical certificate eligibility.

"(b) Goals of the Federal Aviation Administration's Medical Certification Process.—The goals of the Federal Aviation Administration's medical certification process are—

"(1) to provide questions in the medical application form that—

"(A) are appropriate without being overly broad;

"(B) are subject to a minimum amount of misinterpretation and mistaken responses;

"(C) allow for consistent treatment and responses during the medical application process; and

"(D) avoid unnecessary allegations that an individual has intentionally falsified answers on the form;

"(2) to provide questions that elicit information that is relevant to making a determination of an individual's medical qualifications within the standards identified in the Administrator's regulations;

"(3) to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and

"(4) to ensure that—

"(A) the application of such medical standards provides an appropriate and fair evaluation of an individual's qualifications; and

"(B) the individual understands the basis for determining medical qualifications.

"(c) Advice From Private Sector Groups.—The Administrator shall establish a panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the assessment required under this section.

"(d) Federal Aviation Administration Response.—Not later than 1 year after the issuance of the report by the Comptroller General pursuant to subsection (a)(2), the Administrator shall take appropriate actions to respond to such report."

Reexamination of an Airman Certificate

Pub. L. 112–153, §5, as added by Pub. L. 118–63, title VIII, §801, May 16, 2024, 138 Stat. 1320, provided that:

"(a) In General.—The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.

"(b) Information Required.—In providing notification under subsection (a), the Administrator shall inform the individual—

"(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;

"(2) that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;

"(3) that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and

"(4) when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.

"(c) Exception.—Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—

"(1) to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or

"(2) to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.

"(d) Standard of Review.—An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act [Pub. L. 112–153, set out as a note above]."

Improved Pilot Licenses

Pub. L. 112–95, title III, §321, Feb. 14, 2012, 126 Stat. 71, which related to the issuance by the Administrator of the Federal Aviation Administration of improved pilot licenses and required reports to Congress, was repealed by Pub. L. 118–63, title II, §218(j)(2), May 16, 2024, 138 Stat. 1056.

Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723, which related to the issuance of improved pilot licenses, was repealed by Pub. L. 118–63, title II, §218(j)(1), May 16, 2024, 138 Stat. 1056.

Crediting of Law Enforcement Flight Time

Pub. L. 106–424, §14, Nov. 1, 2000, 114 Stat. 1888, provided that: "In determining whether an individual meets the aeronautical experience requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that aircraft is—

"(1) identifiable by category and class; and

"(2) used in law enforcement activities."

§44704. Type certificates, production certificates, airworthiness certificates, and design and production organization certificates

(a) Type Certificates.—

(1) Issuance, investigations, and tests.—The Administrator of the Federal Aviation Administration shall issue a type certificate for an aircraft, aircraft engine, or propeller, or for an appliance specified under paragraph (2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine, propeller, or appliance is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a) of this title. On receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a hearing. The Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety.

(2) Specifications.—The Administrator may—

(A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety;

(B) include in a type certificate terms required in the interest of safety; and

(C) record on the certificate a numerical specification of the essential factors related to the performance of the aircraft, aircraft engine, or propeller for which the certificate is issued.

(3) Special rules for new aircraft and appliances.—Except as provided in paragraph (4), if the holder of a type certificate agrees to permit another person to use the certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written evidence, in a form acceptable to the Administrator, of that agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type certificate only if such other person is the holder of the type certificate or has permission from the holder.

(4) Limitation for aircraft manufactured before august 5, 2004.—Paragraph (3) shall not apply to a person who began the manufacture of an aircraft before August 5, 2004, and who demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the holder of the type certificate for the aircraft does not appear on the airworthiness certificate or identification plate of the aircraft. The holder of the type certificate for the aircraft shall not be responsible for the continued airworthiness of the aircraft. A person may invoke the exception provided by this paragraph with regard to the manufacture of only one aircraft.

(5) Release of data.—

(A) In general.—Notwithstanding any other provision of law, the Administrator may make available upon request, to a person seeking to maintain the airworthiness or develop product improvements of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if the Administrator determines that—

(i) the certificate containing the requested data has been inactive for 3 or more years, except that the Administrator may reduce this time if required to address an unsafe condition associated with the product;

(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record's heir, of the type certificate or supplemental type certificate; and

(iii) making such data available will enhance aviation safety.

(B) Engineering data defined.—In this section, the term "engineering data" as used with respect to an aircraft, engine, propeller, or appliance means type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the aircraft, engine, propeller, or appliance.

(C) Requirement to maintain data.—The Administrator shall maintain engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate that has been inactive for 3 or more years.

(6) Submission of data.—When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that—

(A) the submitted design data demonstrates compliance with the applicable airworthiness standards; and

(B) any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety, as agreed upon by the Administrator.

(b) Supplemental Type Certificates.—

(1) Issuance.—The Administrator may issue a type certificate designated as a supplemental type certificate for a change to an aircraft, aircraft engine, propeller, or appliance.

(2) Contents.—A supplemental type certificate issued under paragraph (1) shall consist of the change to the aircraft, aircraft engine, propeller, or appliance with respect to the previously issued type certificate for the aircraft, aircraft engine, propeller, or appliance.

(3) Requirement.—If the holder of a supplemental type certificate agrees to permit another person to use the certificate to modify an aircraft, aircraft engine, propeller, or appliance, the holder shall provide the other person with written evidence, in a form acceptable to the Administrator, of that agreement. A person may change an aircraft, aircraft engine, propeller, or appliance based on a supplemental type certificate only if the person requesting the change is the holder of the supplemental type certificate or has permission from the holder to make the change.

(c) Production Certificates.—The Administrator shall issue a production certificate authorizing the production of a duplicate of an aircraft, aircraft engine, propeller, or appliance for which a type certificate has been issued when the Administrator finds the duplicate will conform to the certificate. On receiving an application, the Administrator shall inspect, and may require testing of, a duplicate to ensure that it conforms to the requirements of the certificate. The Administrator may include in a production certificate terms required in the interest of safety.

(d) Airworthiness Certificates.—(1) The registered owner of an aircraft may apply to the Administrator for an airworthiness certificate for the aircraft. The Administrator shall issue an airworthiness certificate when the Administrator finds that the aircraft conforms to its type certificate and, after inspection, is in condition for safe operation. The Administrator shall register each airworthiness certificate and may include appropriate information in the certificate. The certificate number or other individual designation the Administrator requires shall be displayed on the aircraft. The Administrator may include in an airworthiness certificate terms required in the interest of safety.

(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not been recorded under section 44107 or 44110 of this title must submit with the application information related to the ownership of the aircraft the Administrator decides is necessary to identify each person having a property interest in the aircraft and the kind and extent of the interest.

(3) Nonconformity with approved type design.—

(A) In general.—Consistent with the requirements of paragraph (1), a holder of a production certificate for an aircraft may not present a nonconforming aircraft, either directly or through the registered owner of such aircraft or a person described in paragraph (2), to the Administrator for issuance of an initial airworthiness certificate.

(B) Civil penalty.—Notwithstanding section 46301, a production certificate holder who knowingly violates subparagraph (A) shall be liable to the Administrator for a civil penalty of not more than $1,000,000 for each nonconforming aircraft.

(C) Penalty considerations.—In determining the amount of a civil penalty under subparagraph (B), the Administrator shall consider—

(i) the nature, circumstances, extent, and gravity of the violation, including the length of time the nonconformity was known by the holder of a production certificate but not disclosed; and

(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.

(D) Nonconforming aircraft defined.—In this paragraph, the term "nonconforming aircraft" means an aircraft that does not conform to the approved type design for such aircraft type.

(e) Disclosure of Safety Critical Information.—

(1) In general.—Notwithstanding a delegation described in section 44702(d), the Administrator shall require an applicant for, or holder of, a type certificate for a transport category airplane covered under part 25 of title 14, Code of Federal Regulations, to submit safety critical information with respect to such airplane to the Administrator in such form, manner, or time as the Administrator may require. Such safety critical information shall include—

(A) any design and operational details, intended functions, and failure modes of any system that, without being commanded by the flight crew, commands the operation of any safety critical function or feature required for control of an airplane during flight or that otherwise changes the flight path or airspeed of an airplane;

(B) the design and operational details, intended functions, failure modes, and mode annunciations of autopilot and autothrottle systems, if applicable;

(C) any failure or operating condition that the applicant or holder anticipates or has concluded would result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity;

(D) any adverse handling quality that fails to meet the requirements of applicable regulations without the addition of a software system to augment the flight controls of the airplane to produce compliant handling qualities; and

(E) a system safety assessment with respect to a system described in subparagraph (A) or (B) or with respect to any component or other system for which failure or erroneous operation of such component or system could result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity.

(2) Ongoing communications.—

(A) Newly discovered information.—The Administrator shall require that an applicant for, or holder of, a type certificate disclose to the Administrator, in such form, manner, or time as the Administrator may require, any newly discovered information or design or analysis change that would materially alter any submission to the Administrator under paragraph (1).

(B) System development changes.—The Administrator shall establish multiple milestones throughout the certification process at which a proposed airplane system will be assessed to determine whether any change to such system during the certification process is such that such system should be considered novel or unusual by the Administrator.

(3) Flight manuals.—The Administrator shall ensure that an airplane flight manual and a flight crew operating manual (as appropriate or applicable) for an airplane contains a description of the operation of a system described in paragraph (1)(A) and flight crew procedures for responding to a failure or aberrant operation of such system.

(4) Civil penalty.—

(A) Amount.—Notwithstanding section 46301, an applicant for, or holder of, a type certificate that knowingly violates paragraph (1), (2), or (3) of this subsection shall be liable to the Administrator for a civil penalty of not more than $1,000,000 for each violation.

(B) Penalty considerations.—In determining the amount of a civil penalty under subparagraph (A), the Administrator shall consider—

(i) the nature, circumstances, extent, and gravity of the violation, including the length of time that such safety critical information was known but not disclosed; and

(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.

(5) Revocation and civil penalty for individuals.—

(A) In general.—The Administrator shall revoke any airline transport pilot certificate issued under section 44703 held by any individual who, while acting on behalf of an applicant for, or holder of, a type certificate, knowingly makes a false statement with respect to any of the matters described in subparagraphs (A) through (E) of paragraph (1).

(B) Authority to impose civil penalty.—The Administrator may impose a civil penalty under section 46301 for each violation described in subparagraph (A).

(6) Rule of construction.—Nothing in this subsection shall be construed to affect or otherwise inhibit the authority of the Administrator to deny an application by an applicant for a type certificate or to revoke or amend a type certificate of a holder of such certificate.

(7) Definition of type certificate.—In this subsection, the term "type certificate"—

(A) means a type certificate issued under subsection (a) or an amendment to such certificate; and

(B) does not include a supplemental type certificate issued under subsection (b).

(f) Hearing Requirement.—The Administrator may find that a person has violated subsection (d)(3) or paragraph (1), (2), or (3) of subsection (e) and impose a civil penalty under the applicable subsection only after notice and an opportunity for a hearing. The Administrator shall provide a person—

(1) written notice of the violation and the amount of penalty; and

(2) the opportunity for a hearing under subpart G of part 13 of title 14, Code of Federal Regulations.

(g) Certification Dispute Resolution.—

(1) Dispute resolution process and appeals.—

(A) In general.—Not later than 60 days after the date of enactment of this subsection, the Administrator shall issue an order establishing—

(i) an effective, timely, and milestone-based issue resolution process for type certification activities under subsection (a); and

(ii) a process by which a decision, finding of compliance or noncompliance, or other act of the Administration, with respect to compliance with design requirements, may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision, finding, or act is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the Administrator, or other requirements.

(B) Escalation.—The order issued under subparagraph (A) shall provide processes for—

(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate applicant;

(ii) automatic elevation to appropriate management personnel of the Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant;

(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant;

(iv) initial review by appropriate Administration employees of any appeal described in subparagraph (A)(ii); and

(v) subsequent review of any further appeal by appropriate management personnel of the Administration and the Associate Administrator for Aviation Safety.

(C) Disposition.—

(i) Written decision.—The Associate Administrator for Aviation Safety shall issue a written decision that states the grounds for the decision of the Associate Administrator on—

(I) each appeal submitted under subparagraph (A)(ii); and

(II) An appeal to the Associate Administrator submitted under subparagraph (B)(v).

(ii) Report to congress.—Not later than December 31 of each calendar year through calendar year 2028, the Administrator shall submit 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 summarizing each appeal resolved under this subsection.

(D) Final review.—

(i) In general.—A written decision of the Associate Administrator under subparagraph (C) may be appealed to the Administrator for a final review and determination.

(ii) Decline to review.—The Administrator may decline to review an appeal initiated pursuant to clause (i).

(iii) Judicial review.—No decision under this paragraph (including a decision to decline to review an appeal) shall be subject to judicial review.

(2) Prohibited contacts.—

(A) Prohibition generally.—During the course of an appeal under this subsection, no covered official may engage in an ex parte communication (as defined in section 551 of title 5) with an individual representing or acting on behalf of an applicant for, or holder of, a certificate under this section in relation to such appeal unless such communication is disclosed pursuant to subparagraph (B).

(B) Disclosure.—If, during the course of an appeal under this subsection, a covered official engages in, receives, or is otherwise made aware of an ex parte communication, the covered official shall disclose such communication in the public record at the time of the issuance of the written decision under paragraph (1)(C), including the time and date of the communication, subject of communication, and all persons engaged in such communication.

(3) Definitions.—In this subsection:

(A) Covered person.—The term "covered person" means either—

(i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or

(ii) an applicant for, or holder of, a type certificate or amended type certificate issued under this section.

(B) Covered official.—The term "covered official" means the following officials:

(i) The Executive Director or any Deputy Director of the Aircraft Certification Service.

(ii) The Deputy Executive Director for Regulatory Operations of the Aircraft Certification Service.

(iii) The Director or Deputy Director of the Compliance and Airworthiness Division of the Aircraft Certification Service.

(iv) The Director or Deputy Director of the System Oversight Division of the Aircraft Certification Service.

(v) The Director or Deputy Director of the Policy and Innovation Division of the Aircraft Certification Service.

(vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service.

(vii) The Associate Administrator or Deputy Associate Administrator for Aviation Safety.

(viii) The Deputy Administrator of the Federal Aviation Administration.

(ix) The Administrator of the Federal Aviation Administration.

(x) Any similarly situated or successor FAA management position to those described in clauses (i) through (ix), as determined by the Administrator.

(C) Major certification process milestone.—The term "major certification process milestone" means a milestone related to the type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant.

(4) Rule of construction.—Nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging—

(A) gross misconduct;

(B) a violation of title 18; or

(C) a violation of any of the provisions of part 2635 or 6001 of title 5, Code of Federal Regulations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1188; Pub. L. 104–264, title IV, §403, Oct. 9, 1996, 110 Stat. 3256; Pub. L. 108–176, title II, §227(b)(2), (e)(1), title VIII, §811, Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109–59, title IV, §4405, Aug. 10, 2005, 119 Stat. 1776; Pub. L. 112–95, title III, §§302, 303(a), (c)(1), Feb. 14, 2012, 126 Stat. 56, 57; Pub. L. 115–254, div. B, title II, §214, Oct. 5, 2018, 132 Stat. 3250; Pub. L. 116–260, div. V, title I, §§105(a), (b), 110, 120, Dec. 27, 2020, 134 Stat. 2317, 2328, 2343; Pub. L. 118–63, title III, §§306(c), 343(a), title XI, §1101(k), May 16, 2024, 138 Stat. 1072, 1101, 1414.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44704(a)(1)	49 App.:1423(a)(2) (1st–4th sentences).	Aug. 23, 1958, Pub. L. 85–726, §§503(h), 603(a)(1) (related to regulations for appliances), (2), (b) (related to basis for issuing, and contents of, certificates), (c) (related to basis for issuing, and contents of, certificates), 72 Stat. 774, 776.
	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.
44704(a)(2)	49 App.:1423(a)(1) (related to regulations for appliances), (2) (5th, last sentences).
	49 App.:1655(c)(1).
44704(b)	49 App.:1423(b) (related to basis for issuing, and contents of, certificates).
	49 App.:1655(c)(1).
44704(c)(1)	49 App.:1423(c) (related to basis for issuing, and contents of, certificates).
	49 App.:1655(c)(1).
44704(c)(2)	49 App.:1403(h).
	49 App.:1655(c)(1).

In subsections (a)–(c)(1), the word "Administrator" in section 603 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).

In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st sentence 1st–16th words) and the words "in regulations" are omitted as surplus. The words "properly designed and manufactured, performs properly" are substituted for "of proper design, material, specification, construction, and performance for safe operation" to eliminate unnecessary words. The word "rules" is omitted as being synonymous with "regulations". The words "under section 44701(a) of this title" and "for a type certificate" are added for clarity. The words "including flight tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance" are omitted as surplus.

In subsection (a)(2)(A), the words "issuance of" are omitted as surplus.

In subsection (a)(2)(B), the words "the duration thereof and such other" are omitted as surplus. The words "conditions, and limitations" are omitted as being included in "terms".

In subsection (a)(2)(C), the words "issued for aircraft, aircraft engines, or propellers" and "all of" are omitted as surplus. The word "specification" is substituted for "determination" for clarity.

In subsection (b), the word "satisfactorily" is omitted as surplus. The words "shall inspect, and may require testing of, a duplicate to ensure that it conforms to the requirements of the certificate" are substituted for "shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modification thereof" to eliminate unnecessary words. The words "the duration thereof and such other . . . conditions, and limitations" are omitted as surplus.

In subsection (c)(1), the words "may apply to" are substituted for "may file with . . . an application" to eliminate unnecessary words. The words "in accordance with regulations prescribed by the Secretary of Transportation" are omitted because of 49:322(a). The words "the duration of such certificate, the type of service for which the aircraft may be used, and such other . . . conditions, and limitations" are omitted as surplus.

In subsection (c)(2), the words "having a property interest" are substituted for "who are holders of property interests" to eliminate unnecessary words.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020.

Amendments

2024—Subsec. (a)(6). Pub. L. 118–63, §343(a), added par. (6).

Subsec. (f). Pub. L. 118–63, §1101(k), substituted "subsection (d)(3)" for "subsection (a)(6)" in introductory provisions.

Subsec. (g)(1)(C)(ii). Pub. L. 118–63, §306(c), substituted "calendar year 2028" for "calendar year 2025".

2020—Subsec. (a)(6). Pub. L. 116–260, §110(b), struck out par. (6) which related to type certification resolution process.

Subsec. (d)(3). Pub. L. 116–260, §120, added par. (3).

Subsec. (e). Pub. L. 116–260, §105(a), added subsec. (e) and struck out former subsec. (e) which related to design and production organization certificates.

Subsec. (f). Pub. L. 116–260, §105(b), added subsec. (f).

Subsec. (g). Pub. L. 116–260, §110(a), added subsec. (g).

2018—Pub. L. 115–254, §214(b), substituted "airworthiness certificates," for "airworthiness certificates,," in section catchline.

Subsec. (a)(6). Pub. L. 115–254, §214(a), added par. (6).

2012—Pub. L. 112–95, §303(c)(1), substituted ", and design and production organization certificates" for "and design organization certificates" in section catchline.

Subsec. (a)(5). Pub. L. 112–95, §302, added par. (5).

Subsec. (e). Pub. L. 112–95, §303(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to design organization certificates.

2005—Subsec. (a)(1) to (3). Pub. L. 109–59, §4405(1)–(3), (5), (6), inserted par. headings, realigned margins, and substituted "Except as provided in paragraph (4), if" for "If" in par. (3).

Subsec. (a)(4). Pub. L. 109–59, §4405(4), added par. (4).

2003—Pub. L. 108–176, §227(e)(1), added section catchline and struck out former section catchline which read as follows: "Type certificates, production certificates, and airworthiness certificates".

Subsec. (a)(3). Pub. L. 108–176, §811, added par. (3).

Subsec. (e). Pub. L. 108–176, §227(b)(2), added subsec. (e).

1996—Subsecs. (b) to (d). Pub. L. 104–264 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), 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.

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.

Use of Advanced Tools and High-Risk Flight Testing in Certifying Aerospace Products

Pub. L. 118–63, title III, §311, May 16, 2024, 138 Stat. 1074, provided that:

"(a) Assessment.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall complete an assessment of the use of advanced tools during the testing, analysis, and verification stages of aerospace certification projects to reduce the risks associated with high-risk flight profiles and performing limit testing.

"(b) Considerations.—In carrying out the assessment under subsection (a), the Administrator shall consider—

"(1) instances in which high-risk flight profiles and limit testing have occurred in the certification process and the applicability of the data produced by such testing for use in other aspects of flight testing;

"(2) the safety of pilots during such testing;

"(3) the value and accuracy of data collected using the advanced tools described in subsection (a);

"(4) the ability to produce more extensive data sets using such advanced tools;

"(5) any aspects of such testing for which the use of such advanced tools would not be valuable or applicable;

"(6) the cost of using such advanced tools; and

"(7) the best practices of other international civil aviation authorities that permit the use of advanced tools during aerospace certification projects.

"(c) Consultation.—In carrying out the assessment under subsection (a), the Administrator shall consult with—

"(1) aircraft manufacturers, including manufacturers that have designed and certified aircraft under—

"(A) part 23 of title 14, Code of Federal Regulations;

"(B) part 25 of such title; or

"(C) part 27 of such title;

"(2) aircraft manufacturers that have designed and certified, or are in the process of certifying, aircraft with a novel design under part 21.17(b) of such title;

"(3) associations representing aircraft manufacturers;

"(4) researchers and academics in related fields; and

"(5) pilots who are experts in flight testing.

"(d) Congressional Report.—Not later than 60 days after the completion of the assessment 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 results of the assessment conducted under subsection (a).

"(e) Required Updates.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act, the Administrator shall take necessary actions based on the results of the assessment under subsection (a), including, as appropriate—

"(A) amending part 21 of title 14, Code of Federal Regulations; and

"(B) modifying any associated advisory circulars, guidance, or policy of the FAA [Federal Aviation Administration].

"(2) Requirements.—In taking actions under paragraph (1), the Administrator shall consider—

"(A) developing validation criteria and procedures whereby data produced in high-fidelity engineering laboratories and facilities may be allowed (in conjunction with, or in lieu of) data produced on a flying test article to support an applicant's showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations;

"(B) developing criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant's flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA; and

"(C) working with other international civil aviation authorities representing States of Design to—

"(i) identify their best practices relative to high risk-flight testing; and

"(ii) adopt such practices into the flight-testing requirements of the FAA to the maximum extent practicable."

Transport Airplane and Propulsion Certification Modernization

Pub. L. 118–63, title III, §312, May 16, 2024, 138 Stat. 1076, provided that: "Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall publish a notice of proposed rulemaking for the item titled 'Transport Airplane and Propulsion Certification Modernization', published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL42)."

Instructions for Continued Airworthiness Aviation Rulemaking Committee

Pub. L. 118–63, title III, §349, May 16, 2024, 138 Stat. 1109, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, instructions for continued airworthiness (as described in section 21.50 of title 14, Code of Federal Regulations), and provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.

"(b) Composition.—The aviation rulemaking committee established pursuant to subsection (a) shall consist of members appointed by the Administrator, including representatives of—

"(1) holders of type certificates (as described in subpart B of part 21, title 14, Code of Federal Regulations);

"(2) holders of production certificates (as described in subpart G of part 21, title 14, Code of Federal Regulations);

"(3) holders of parts manufacturer approvals (as described in subpart K of part 21, title 14, Code of Federal Regulations);

"(4) holders of technical standard order authorizations (as described in subpart O of part 21, title 14, Code of Federal Regulations);

"(5) operators under parts 121, 125, or 135 of title 14, Code of Federal Regulations;

"(6) holders of repair station certificates (as described in section 145 of title 14, Code of Federal Regulations) that are not also type certificate holders as included under paragraph (1), production certificate holders as included under paragraph (2), or aircraft operators as included under paragraph (5) (or associated with any such entities);

"(7) the certified bargaining representative of aviation safety inspectors and engineers for the Administration;

"(8) general aviation operators;

"(9) mechanics certificated under part 65 of title 14, Code of Federal Regulations;

"(10) holders of supplemental type certificates (as described in subpart E of part 21 of title 14, Code of Federal Regulations);

"(11) designated engineering representatives employed by repair stations described in paragraph (6); and

"(12) aviation safety experts with specific knowledge of instructions for continued airworthiness policies and regulations.

"(c) Considerations.—The aviation rulemaking committee established pursuant to subsection (a) shall consider—

"(1) existing standards, regulations, certifications, assessments, and guidance related to instructions for continued airworthiness and the clarity of such standards, regulations, certifications, assessments, and guidance to all parties;

"(2) the sufficiency of safety data used in preparing instructions for continued airworthiness;

"(3) the sufficiency of maintenance data used in preparing instructions for continued airworthiness;

"(4) the protection of proprietary information and intellectual property in instructions for continued airworthiness;

"(5) the availability of instructions for continued airworthiness, as needed, for maintenance activities;

"(6) the need to harmonize or deconflict proposed and existing regulations with other Federal regulations, guidance, and policies;

"(7) international collaboration, where appropriate and consistent with the interests of safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities; and

"(8) any other matter the Administrator determines appropriate.

"(d) Duties.—The Administrator shall—

"(1) not later than 1 year after the date of enactment of this Act [May 16, 2024], 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 aviation rulemaking committee report under subsection (a); and

"(2) not later than 180 days after the date of submission of the report under paragraph (1), initiate a rulemaking activity or make such policy and guidance updates necessary to address any consensus recommendations reached by the aviation rulemaking committee established pursuant to subsection (a), as determined appropriate by the Administrator."

Wildfire Suppression

Pub. L. 118–63, title III, §360, May 16, 2024, 138 Stat. 1120, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], to ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, the Administrator [of the Federal Aviation Administration] shall issue a rule under which—

"(1) an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire;

"(2) the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and

"(3) the noise standards described in part 36 of such title 14 shall not apply to such an operation.

"(b) Surplus Military Aircraft.—In issuing a rule under subsection (a), the Administrator may not enable any aircraft of a type that has been—

"(1) manufactured in accordance with the requirements of, and accepted for use by, the armed forces (as defined in section 101 of title 10, United States Code); and

"(2) later modified to be used for wildfire suppression operations.

"(c) Conforming Amendments to FAA Documents.—In issuing a rule under subsection (a), the Administrator shall revise the order of the FAA [Federal Aviation Administration] titled 'Restricted Category Type Certification', issued on February 27, 2006 (FAA Order 8110.56), as well as any corresponding policy or guidance material, to reflect the requirements of this section.

"(d) Savings Provision.—Nothing in this section shall be construed to limit the authority of the Administrator to take action otherwise authorized by law to protect aviation safety or passenger safety.

"(e) Definitions.—In this section:

"(1) Covered aircraft.—The term 'covered aircraft' means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency.

"(2) Firefighters.—The term 'firefighters' means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation."

Required Submission of Outline of System Changes at the Beginning of the Certification Process

Pub. L. 116–260, div. V, title I, §105(c), Dec. 27, 2020, 134 Stat. 2319, provided that:

"(1) In general.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate a process to revise procedures to require an applicant for an amendment to a type certificate for a transport category aircraft to disclose to the Administrator, in a single document submitted at the beginning of the process for amending such certificate, all new systems and intended changes to existing systems then known to such applicant. The Administrator shall finalize the revision of such procedures not later than 18 months after initiating such process.

"(2) Application.—Compliance with the procedures revised pursuant to paragraph (1) shall not preclude an applicant from making additional changes to aircraft systems as the design and application process proceeds.

"(3) Savings provision.—Nothing in this subsection may be construed to limit the obligations of an applicant for an amended type certificate for a transport category airplane under section 44704(e) of title 49, United States Code, as amended in this title."

[For definitions of "Administrator" and "type certificate" as used in section 105(c) 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.]

Integrated Project Teams

Pub. L. 116–260, div. V, title I, §108, Dec. 27, 2020, 134 Stat. 2326, as amended by Pub. L. 118–63, title III, §306(b), May 16, 2024, 138 Stat. 1072, provided that:

"(a) In General.—Upon receipt of an application for a type certificate for a transport category airplane, the Administrator shall convene an interdisciplinary integrated project team responsible for coordinating review and providing advice and recommendations, as appropriate, to the Administrator on such application.

"(b) Membership.—In convening an interdisciplinary integrated project team under subsection (a), the Administrator shall appoint employees of the Administration or other Federal agencies, such as the Air Force, Volpe National Transportation Systems Center, or the National Aeronautics and Space Administration (with the concurrence of the head of such other Federal agency), with specialized expertise and experience in the fields of engineering, systems design, human factors, and pilot training, including, at a minimum—

"(1) not less than 1 designee of the Associate Administrator for Aviation Safety whose duty station is in the Administration's headquarters;

"(2) representatives of the Aircraft Certification Service of the Administration;

"(3) representatives of the Flight Standards Service of the Administration;

"(4) experts in the fields of human factors, aerodynamics, flight controls, software, and systems design; and

"(5) any other subject matter expert whom the Administrator determines appropriate.

"(c) Availability.—In order to carry out its duties with respect to the areas specified in subsection (d), a project team shall be available to the Administrator, upon request, at any time during the certification process.

"(d) Duties.—A project team shall advise the Administrator and make written recommendations to the Administrator, to be retained in the certification project file, including recommendations for any plans, analyses, assessments, and reports required to support and document the certification project, in the following areas associated with a new technology or novel design:

"(1) Initial review of design proposals proposed by the applicant and the establishment of the certification basis.

"(2) Identification of new technology, novel design, or safety critical design features or systems that are potentially catastrophic, either alone or in combination with another failure.

"(3) Determination of compliance findings, system safety assessments, and safety critical functions the Administration should retain in terms of new technology, novel design, or safety critical design features or systems.

"(4) Evaluation of the Administration's expertise or experience necessary to support the project.

"(5) Review and evaluation of an applicant's request for exceptions or exemptions from compliance with airworthiness standards codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.

"(6) Conduct of design reviews, procedure evaluations, and training evaluations.

"(7) Review of the applicant's final design documentation and other data to evaluate compliance with all relevant Administration regulations.

"(e) Documentation of FAA Response.—The Administrator shall provide a written response to each recommendation of each project team and shall retain such response in the certification project file.

"(f) Report.—Not later than 1 year after the date of enactment of this section [Dec. 27, 2020], and annually thereafter through fiscal year 2028, the Administrator shall submit to the congressional committees of jurisdiction a report on the establishment of each integrated project team in accordance with this section during such fiscal year, including the role and composition of each such project team."

[For definitions of terms used in section 108 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.]

Employment Restrictions: Disqualification Based on Prior Employment

Pub. L. 116–260, div. V, title I, §111(a), Dec. 27, 2020, 134 Stat. 2330, provided that: "An employee of the [Federal Aviation] Administration with supervisory responsibility may not direct, conduct, or otherwise participate in oversight of a holder of a certificate issued under section 44704 of title 49, United States Code, that previously employed such employee in the preceding 1-year period."

System Safety Assessments and Other Requirements

Pub. L. 116–260, div. V, title I, §115, Dec. 27, 2020, 134 Stat. 2333, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this title [Dec. 27, 2020], the Administrator shall issue such regulations as are necessary to amend part 25 of title 14, Code of Federal Regulations, and any associated advisory circular, guidance, or policy of the Administration, in accordance with this section.

"(b) System Safety Assessments and Other Requirements.—In developing regulations under subsection (a), the Administrator shall—

"(1) require an applicant for an amended type certificate for a transport airplane to—

"(A) perform a system safety assessment with respect to each proposed design change that the Administrator determines is significant, with such assessment considering the airplane-level effects of individual errors, malfunctions, or failures and realistic pilot response times to such errors, malfunctions, or failures;

"(B) update such assessment to account for each subsequent proposed design change that the Administrator determines is significant;

"(C) provide appropriate employees of the Administration with the data and assumptions underlying each assessment and amended assessment; and

"(D) provide for document traceability and clarity of explanations for changes to aircraft type designs and system safety assessment certification documents; and

"(2) work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally.

"(c) Guidance.—Guidance or an advisory circular issued under subsection (a) shall, at minimum—

"(1) emphasize the importance of clear documentation of the technical details and failure modes and effects of a design change described in subsection (b)(1); and

"(2) ensure appropriate review of any change that results in a functional hazard assessment classification of major or greater, as such term is defined in FAA Advisory Circular 25.1309-1A (or any successor or replacement document).

"(d) FAA Review.—Appropriate employees of the Aircraft Certification Service and the Flight Standards Service of the Administration shall review each system safety assessment required under subsection (b)(1)(A), updated assessment required under subsection (b)(1)(B), and supporting data and assumptions required under subsection (b)(1)(C), to ensure that each such assessment sufficiently addresses the considerations listed in subsection (b)(1)(A)."

[For definitions of terms used in section 115 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.]

Flight Crew Alerting

Pub. L. 116–260, div. V, title I, §116, Dec. 27, 2020, 134 Stat. 2334, as amended by Pub. L. 117–328, div. O, title V, §501(b), Dec. 29, 2022, 136 Stat. 5231, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall implement National Transportation Safety Board recommendations A–19–11 and A–19–12 (as contained in the safety recommendation report adopted on September 9, 2019).

"(b) Prohibition.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category aircraft unless, in the case of a transport category aircraft other than a transport airplane, the type certificate applicant provides a means acceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by cockpit or flight manual procedures).

"(c) Existing Airplane Designs.—It is the sense of Congress that the FAA shall ensure that any system safety assessment with respect to the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in National Transportation Safety Board recommendation A-19-10, is conducted in accordance with such recommendation."

[For definitions of terms used in section 116 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.]

Changed Product Rule

Pub. L. 118–63, title III, §344, May 16, 2024, 138 Stat. 1101, 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 issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives:

"(1) For any significant design change, as determined by the Administrator, to require that the exception related to impracticality under subsection (b)(3) of such section from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception.

"(2) To ensure appropriate documentation of any exception or exemption from airworthiness requirements in title 14, Code of Federal Regulations, as in effect on the date of application for the change.

"(b) Congressional Briefing.—Not later than 1 year after the date of enactment of this Act, 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 briefing on the implementation by the FAA [Federal Aviation Administration] of the recommendations of the Changed Product Rule International Authorities Working Group, established for purposes of carrying out the requirements of section 117 of the Aircraft Certification, Safety, and Accountability Act [Pub. L. 116–260, div. V, title I] (49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.

"(c) Final Rule.—Not later than 3 years after the date of enactment of this Act, the Administrator shall issue a final rule based on the notice of proposed rulemaking issued under subsection (a).

"(d) Annual Report.—Beginning in 2025 and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress an annual report detailing the number of all significant design change exceptions approved and denied under paragraphs (1) through (3) of section 21.101(b) of title 14, Code of Federal Regulations."

Pub. L. 116–260, div. V, title I, §117, Dec. 27, 2020, 134 Stat. 2335, as amended by Pub. L. 118–63, title III, §306(f), May 16, 2024, 138 Stat. 1072, provided that:

"(a) Review and Reevaluation of Amended Type Certificates.—

"(1) International leadership.—The Administrator shall exercise leadership in the creation of international policies and standards relating to the issuance of amended type certificates within the Certification Management Team.

"(2) Reevaluation of amended type certificates.—In carrying out this subsection, the Administrator shall—

"(A) encourage Certification Management Team members to examine and address any relevant covered recommendations (as defined in section 121(c) [134 Stat. 2344]) relating to the issuance of amended type certificates;

"(B) reevaluate existing assumptions and practices inherent in the amended type certificate process and assess whether such assumptions and practices are valid; and

"(C) ensure, to the greatest extent practicable, that Federal regulations relating to the issuance of amended type certificates are harmonized with the regulations of other international states of design.

"(b) Amended Type Certificate Report and Rulemaking.—

"(1) Briefings.—Not later than 12 months after the date of enactment of this title [Dec. 27, 2020], and annually thereafter through fiscal year 2028, the Administrator shall brief the congressional committees of jurisdiction on the work and status of the development of such recommendations by the Certification Management Team.

"(2) Initiation of action.—Not later than 2 years after the date of enactment of this title, the Administrator shall take action to revise and improve the process of issuing amended type certificates in accordance with this section. Such action shall include, at minimum—

"(A) initiation of a rulemaking proceeding; and

"(B) development or revision of guidance and training materials.

"(3) Contents.—In taking actions required under paragraph (2), the Administrator shall do the following:

"(A) Ensure that proposed changes to an aircraft are evaluated from an integrated whole aircraft system perspective that examines the integration of proposed changes with existing systems and associated impacts.

"(B) Define key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal Regulations.

"(C) Consider—

"(i) the findings and work of the Certification Management Team and other similar international harmonization efforts;

"(ii) any relevant covered recommendations (as defined in section 121(c) [134 Stat. 2344]); and

"(iii) whether a fixed time beyond which a type certificate may not be amended would improve aviation safety.

"(D) Establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate:

"(i) A new or revised flight control system.

"(ii) Any substantial changes to aerodynamic stability resulting from a physical change that may require a new or modified software system or control law in order to produce positive and acceptable stability and handling qualities.

"(iii) A flight control system or augmented software to maintain aerodynamic stability in any portion of the flight envelope that was not required for a previously certified derivative.

"(iv) A change in structural components (other than a stretch or shrink of the fuselage) that results in a change in structural load paths or the magnitude of structural loads attributed to flight maneuvers or cabin pressurization.

"(v) A novel or unusual system, component, or other feature whose failure would present a hazardous or catastrophic risk.

"(E) Develop objective criteria for helping to determine what constitutes a substantial change and a significant change.

"(F) Implement mandatory aircraft-level reviews throughout the certification process to validate the certification basis and assumptions.

"(G) Require maintenance of relevant records of agreements between the FAA and an applicant that affect certification documentation and deliverables.

"(H) Ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.

"(4) Guidance materials.—The Administrator shall consider the following when developing orders and regulatory guidance, including advisory circulars, where appropriate:

"(A) Early FAA involvement and feedback paths in the aircraft certification process to ensure the FAA is aware of changes to design assumptions and product design impacting a changed product assessment.

"(B) Presentation to the FAA of new technology, novel design, or safety critical features or systems, initially and throughout the certification process, when development and certification prompt design or compliance method revision.

"(C) Examples of key terms used for the changed product process under sections 21.19 and 21.101 of title 14, Code of Federal Regulations.

"(D) Type certificate data sheet improvements to accurately state which regulations and amendment level the aircraft complies to and when compliance is limited to a subset of the aircraft.

"(E) Policies to guide applicants on proper visibility, clarity, and consistency of key design and compliance information that is submitted for certification, particularly with new design features.

"(F) The creation, validation, and implementation of analytical tools appropriate for the analysis of complex system for the FAA and applicants.

"(G) Early coordination processes with the FAA for the functional hazard assessments validation and preliminary system safety assessments review.

"(5) Training materials.—The Administrator shall—

"(A) develop training materials for establishing the certification basis for changed aeronautical products pursuant to section 21.101 of title 14, Code of Federal Regulations, applications for a new type certificate pursuant to section 21.19 of such title, and the regulatory guidance developed as a result of the rulemaking conducted pursuant to paragraph (2); and

"(B) procedures for disseminating such materials to implementing personnel of the FAA, designees, and applicants.

"(6) Certification management team defined.—In this section, the term 'Certification Management Team' means the team framework under which the FAA, the European Aviation Safety Agency, the Transport Canada Civil Aviation, and the National Civil Aviation Agency of Brazil, manage the technical, policy, certification, manufacturing, export, and continued airworthiness issues common among the 4 authorities.

"(7) Deadline.—The Administrator shall finalize the actions initiated under paragraph (2) not later than 3 years after the date of enactment of this title.

"(c) International Leadership.—The Administrator shall exercise leadership within the ICAO and among other civil aviation regulators representing states of aircraft design to advocate for the adoption of an amended changed product rule on a global basis, consistent with ICAO standards."

[For definitions of terms used in section 117 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.]

Expert Safety Review

Pub. L. 116–260, div. V, title I, §119(c), Dec. 27, 2020, 134 Stat. 2339, provided that:

"(1) In general.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall initiate an expert safety review of assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.

"(2) Contents.—The expert safety review required under paragraph (1) shall include—

"(A) a review of Administration regulations, guidance, and directives related to pilot response assumptions relied upon by the FAA and manufacturers of transport category aircraft in the design and certification of such aircraft, and human factors and human system integration, particularly those related to pilot and aircraft interfaces;

"(B) a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such aircraft's systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple, and possibly conflicting, warnings and alerts;

"(C) a review of human factors assumptions with applicable operational data, human factors research and the input of human factors experts and FAA operational data, and as appropriate, recommendations for modifications to existing assumptions;

"(D) a review of revisions made to the airman certification standards for certificates over the last 4 years, including any possible effects on pilot competency in basic manual flying skills;

"(E) consideration of the global nature of the aviation marketplace, varying levels of pilot competency, and differences in pilot training programs worldwide;

"(F) a process for aviation stakeholders, including pilots, airlines, inspectors, engineers, test pilots, human factors experts, and other aviation safety experts, to provide and discuss any observations, feedback, and best practices;

"(G) a review of processes currently in place to ensure that when carrying out the certification of a new aircraft type, or an amended type, the cumulative effects that new technologies, and the interaction between new technologies and unchanged systems for an amended type certificate, may have on pilot interactions with aircraft systems are properly assessed through system safety assessments or otherwise; and

"(H) a review of processes currently in place to account for any necessary adjustments to system safety assessments, pilot procedures and training requirements, or design requirements when there are changes to the assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and certification of such aircraft.

"(3) Report and recommendations.—Not later than 30 days after the conclusion of the expert safety review pursuant to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, including any recommendations for actions or best practices to ensure the FAA and the manufacturers of transport category aircraft have accounted for pilot response assumptions to be relied upon in the design and certification of transport category aircraft and tools or methods identified to better integrate human factors throughout the process for such certification.

"(4) International engagement.—The Administrator shall notify other international regulators that certify transport category aircraft type designs of the expert panel report and encourage them to review the report and evaluate their regulations and processes in light of the recommendations included in the report.

"(5) Termination.—The expert safety review shall end upon submission of the report required pursuant to paragraph (3).

"(6) Regulations.—The Administrator shall issue or update such regulations as are necessary to implement the recommendations of the expert safety review that the Administrator determines are necessary to improve aviation safety."

[For definitions of terms used in section 119(c) 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.]

Human Factors Research

Pub. L. 116–260, div. V, title I, §126, Dec. 27, 2020, 134 Stat. 2347, provided that:

"(a) Human Factors.—Not later than 180 days after the date of enactment of this title [Dec. 27, 2020], the Administrator, in consultation with aircraft manufacturers, operators, and pilots, and in coordination with the head of such other Federal agency that the Administrator determines appropriate, shall develop research requirements to address the integration of human factors in the design and certification of aircraft that are intended for use in air transportation.

"(b) Requirements.—In developing such research requirements, the Administrator shall—

"(1) establish goals for research in areas of study relevant to advancing technology, improving design engineering and certification practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex flight deck systems in aircraft operations, including the development of tools to validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots;

"(2) take into consideration and leverage any existing or planned research that is conducted by, or conducted in partnership with, the FAA; and

"(3) focus on—

"(A) preventing a recurrence of the types of accidents that have involved transport category airplanes designed and manufactured in the United States; and

"(B) increasingly complex aircraft systems and designs.

"(c) Implementation.—In implementing the research requirements developed under this section, the Administrator shall work with appropriate organizations and authorities with expertise including, to the maximum extent practicable, the Center of Excellence for Technical Training and Human Performance and the Center of Excellence developed or expanded pursuant to section 127 [set out as a note under section 44513 of this title].

"(d) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator $7,500,000 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."

[For definitions of terms used in section 126 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.]

Pilot Operational Evaluations

Pub. L. 116–260, div. V, title I, §128, Dec. 27, 2020, 134 Stat. 2349, provided that:

"(a) Pilot Operational Evaluations.—Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall revise existing policies for manufacturers of transport airplanes to ensure that pilot operational evaluations for airplane types that are submitted for certification utilize pilots from air carriers that are expected to operate such airplanes.

"(b) Requirement.—Such manufacturer shall ensure, to the satisfaction of the Administrator, that the air carrier and foreign air carrier pilots used for such evaluations include pilots of varying levels of experience."

[For definitions of terms used in section 128 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.]

Securing Aircraft Avionics Systems

Pub. L. 115–254, div. B, title V, §506, Oct. 5, 2018, 132 Stat. 3354, as amended by Pub. L. 118–63, title III, §394, May 16, 2024, 138 Stat. 1145, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall revise, as appropriate, existing Federal Aviation Administration regulations regarding airworthiness certification—

"(1) to address cybersecurity for avionics systems, including software components;

"(2) to require that aircraft avionics systems used for flight guidance or aircraft control be secured against unauthorized access via passenger in-flight entertainment systems through such means as the Administrator determines appropriate to protect the avionics systems from unauthorized external and internal access; and

"(3) to establish a process and timeline by which software-based systems and equipment, including aircraft flight critical systems of aircraft operated under part 121 of title 14, Code of Federal Regulations, can be regularly screened to attempt to determine whether the software-based systems and equipment have been compromised by unauthorized external or internal access.

"(b) Consideration.—In carrying out subsection (a), the Administrator shall consider the recommendations of the Aircraft Systems Information Security Protection Working Group under section 2111 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615 [625]) [49 U.S.C. 44903 note]."

Small Airplane Revitalization

Pub. L. 113–53, Nov. 27, 2013, 127 Stat. 584, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Small Airplane Revitalization Act of 2013'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world.

"(2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration.

"(3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the United States.

"(4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products produced by those sectors are exported in great numbers.

"(5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence.

"(6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design.

"(7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost-effective, new small airplanes.

"(8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies.

"SEC. 3. SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL AVIATION.

"(a) In General.—Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule—

"(1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under part 23 to streamline the approval of safety advancements; and

"(2) that meets the objectives described in subsection (b).

"(b) Objectives Described.—The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization Aviation Rulemaking Committee:

"(1) The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the Federal Aviation Administration and the aviation industry.

"(2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption.

"(3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations.

"(4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may be met using specific designs and technologies.

"(c) Consensus-Based Standards.—In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 [1995] (15 U.S.C. 272 note), to the extent practicable while continuing traditional methods for meeting part 23.

"(d) Safety Cooperation.—The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes.

"(e) Definitions.—In this section:

"(1) Consensus standards.—

"(A) In general.—The term 'consensus standards' means standards developed by an organization described in subparagraph (B) that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested persons.

"(B) Organizations described.—An organization described in this subparagraph is a domestic or international organization that—

"(i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and

"(ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards.

"(2) Part 23.—The term 'part 23' means part 23 of title 14, Code of Federal Regulations.

"(3) Part 23 reorganization aviation rulemaking committee.—The term 'Part 23 Reorganization Aviation Rulemaking Committee' means the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the regulations under part 23.

"(4) Small airplane.—The term 'small airplane' means an airplane which is certified to part 23 standards."

Applicability

Pub. L. 112–95, title III, §303(b), Feb. 14, 2012, 126 Stat. 57, provided that: "Before January 1, 2013, the Administrator of the Federal Aviation Administration may continue to issue certificates under section 44704(e) of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Feb. 14, 2012]."

Aircraft Certification Process Review and Reform

Pub. L. 112–95, title III, §312, Feb. 14, 2012, 126 Stat. 66, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration, in consultation with representatives of the aviation industry, shall conduct an assessment of the certification and approval process under section 44704 of title 49, United States Code.

"(b) Contents.—In conducting the assessment, the Administrator shall consider—

"(1) the expected number of applications for product certifications and approvals the Administrator will receive under section 44704 of such title in the 1-year, 5-year, and 10-year periods following the date of enactment of this Act [Feb. 14, 2012];

"(2) process reforms and improvements necessary to allow the Administrator to review and approve the applications in a fair and timely fashion;

"(3) the status of recommendations made in previous reports on the Administration's certification process;

"(4) methods for enhancing the effective use of delegation systems, including organizational designation authorization;

"(5) methods for training the Administration's field office employees in the safety management system and auditing; and

"(6) the status of updating airworthiness requirements, including implementing recommendations in the Administration's report entitled 'Part 23—Small Airplane Certification Process Study' (OK–09–3468, dated July 2009).

"(c) Recommendations.—In conducting the assessment, the Administrator shall make recommendations to improve efficiency and reduce costs through streamlining and reengineering the certification process under section 44704 of such title to ensure that the Administrator can conduct certifications and approvals under such section in a manner that supports and enables the development of new products and technologies and the global competitiveness of the United States aviation industry.

"(d) Report to Congress.—Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit 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 on the results of the assessment, together with an explanation of how the Administrator will implement recommendations made under subsection (c) and measure the effectiveness of the recommendations.

"(e) Implementation of Recommendations.—Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall begin to implement the recommendations made under subsection (c)."

Historical Aircraft Documents

Pub. L. 112–95, title VIII, §816, Feb. 14, 2012, 126 Stat. 126, provided that:

"(a) Preservation of Documents.—

"(1) In general.—The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation Administration related to—

"(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and

"(B) Group-2 approved aircraft type certificate numbers 2–1 through 2–544.

"(2) Revision of order.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical aircraft documents identified in paragraph (1).

"(3) Consultation.—The Administrator may carry out paragraph (1) in consultation with the Archivist of the United States and the Administrator of General Services.

"(b) Availability of Documents.—

"(1) Freedom of information act requests.—The Administrator shall make the documents to be preserved under subsection (a)(1) available to a person—

"(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and

"(B) subject to a prohibition on use of the documents for commercial purposes.

"(2) Trade secrets, commercial, and financial information.—Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1).

"(c) Holder of Type Certificate.—

"(1) Rights of holder.—Nothing in this section shall affect the rights of a holder or owner of a type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to or for the Federal Aviation Administration, a person, or the public.

"(2) Liability.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a type certificate, its authorized representative, its agents, or its employees, or any firm, person, corporation, or insurer related to the type certificate data and documents identified in subsection (a)(1).

"(3) Airworthiness.—Notwithstanding any other provision of law, the holder of a type certificate identified in subsection (a)(1) shall only be responsible for Federal Aviation Administration regulation requirements related to type certificate data and documents identified in subsection (a)(1) for aircraft having a standard airworthiness certificate issued prior to the date the documents are released to a person by the Federal Aviation Administration under subsection (b)(1)."

Plan for Development and Oversight of System for Certification of Design Organizations

Pub. L. 108–176, title II, §227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that, not later than 4 years after Dec. 12, 2003, the Administrator of the Federal Aviation Administration was to transmit to Congress a plan for the development and oversight of a certification system of design organizations to ensure compliance with the requirements and minimum standards of section 44701(a) of this title.

§44705. Air carrier operating certificates

The Administrator of the Federal Aviation Administration shall issue an air carrier operating certificate to a person desiring to operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part. An air carrier operating certificate shall—

(1) contain terms necessary to ensure safety in air transportation; and

(2) specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44705	49 App.:1424(b).	Aug. 23, 1958, Pub. L. 85–726, §604(b), 72 Stat. 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.

In this section, the word "Administrator" in section 604(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g). Before clause (1), the words "may file with the Secretary of Transportation an application for an air carrier operating certificate" and "the requirements of" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations". In clause (1), the words "conditions, and limitations . . . reasonably" are omitted as surplus. In clause (2), the word "places" is substituted for "points" for consistency in the revised title. The words "under an air carrier operating certificate" are omitted as surplus.

Statutory Notes and Related Subsidiaries

Commercial Air Tour and Sport Parachuting Safety

Pub. L. 118–63, title III, §363, May 16, 2024, 138 Stat. 1126, provided that:

"(a) Safety Requirements for Commercial Air Tour Operators.—

"(1) Safety reforms.—

"(A) Authority to conduct nonstop commercial air tours.—

"(i) In general.—Subject to clause (ii), beginning on the date that is 2 years after the date a final rule is published pursuant to paragraph (3), no person may conduct commercial air tours unless such person either—

     "(I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations[,] and conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations; or

     "(II) conducts all commercial air tours pursuant to the requirements established by the Administrator [of the Federal Aviation Administration] under the final rule published pursuant to paragraph (3).

"(ii) Small business exception.—The provisions of clause (i) shall not apply to a person who conducts 100 or fewer commercial air tours in a calendar year.

"(B) Additional safety requirements.—

"(i) In general.—Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator shall issue new or revised regulations to require a commercial air tour operator seeking to conduct an operation with a removed or modified door and a person conducting aerial photography operations seeking to conduct an operation with a removed or modified door to receive approval from the Administrator prior to conducting such operation.

"(ii) Conditions and restrictions.—In issuing new or revised regulations under clause (i), the Administrator may impose such conditions and restrictions as determined necessary for safety.

"(iii) Considerations.—In issuing new or revised regulations under clause (i), the Administrator shall require a commercial air tour operator to demonstrate to any representative of the FAA [Federal Aviation Administration], upon request, that a pilot authorized to operate such an air tour has received avoidance training for controlled flight into terrain and in-flight loss of control. Such training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low-visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, including, at a minimum—

     "(I) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents;

     "(II) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules;

     "(III) use of terrain awareness displays;

     "(IV) spatial disorientation risk factors and countermeasures; and

     "(V) strategies for maintaining control, including the use of automated systems.

"(2) Aviation rulemaking committee.—

"(A) In general.—The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours.

"(B) Considerations.—The aviation rulemaking committee convened under subparagraph (A) shall consider, at a minimum—

"(i) potential changes to operations regulations or requirements for commercial air tours, including requiring—

     "(I) the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations; and

     "(II) the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations;

"(ii) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues;

"(iii) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program under section 13.401 of title 14, Code of Federal Regulations (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods);

"(iv) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;

"(v) establishing methods to provide effective terrain awareness and warning; and

"(vi) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring commercial air tour operators that operate within such areas be equipped with an automatic dependent surveillance-broadcast out- and in-supported traffic advisory system that—

     "(I) includes both visual and aural alerts;

     "(II) is driven by an algorithm designed to eliminate nuisance alerts; and

     "(III) is operational during all flight operations.

"(vii) codifying and uniformly applying Living History Flight Experience exemption conditions and limitations.

"(C) Membership.—The aviation rulemaking committee convened under subparagraph (A) shall consist of members appointed by the Administrator, including—

"(i) representatives of industry, including manufacturers of aircraft and aircraft technologies;

"(ii) air tour operators or organizations that represent such operators; and

"(iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations.

"(D) Duties.—

"(i) In general.—The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (vi) of subparagraph (B).

"(ii) Considerations.—In carrying out the duties of the aviation rulemaking committee under clause (i), the Administrator shall direct the aviation rulemaking committee to consider—

     "(I) recommendations of the National Transportation Safety Board;

     "(II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements for commercial operators under part 135 of title 14, Code of Federal Regulations;

     "(III) recommendations from industry safety organizations, including the Vertical Aviation Safety Team, the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team;

     "(IV) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends;

     "(V) appropriate use of data for modifying behavior to prevent accidents;

     "(VI) the need to accommodate technological advancements in flight data recording technology;

     "(VII) data gathered from aviation safety reporting programs;

     "(VIII) appropriate methods to provide effective terrain awareness and warning system protections while mitigating nuisance alerts for aircraft;

     "(IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations;

     "(X) the need to accommodate diversity of operations and mission sets;

     "(XI) benefits of third-party data analysis for large and small operations;

     "(XII) accommodations necessary for small businesses; and

     "(XIII) other issues, as necessary.

"(E) Reports and regulations.—Not later than 20 months after the date of enactment of this Act, 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 based on the findings of the aviation rulemaking committee.

"(3) Rulemaking required.—

"(A) Notice of proposed rulemaking.—Not later than 1 year after the date the Administrator submits a report under paragraph (2)(E), the Administrator shall issue a notice of proposed rulemaking establishing increasing safety regulations for commercial air tour operators based on the recommendations of the rulemaking committee established under paragraph (2).

"(B) Contents.—The notice of proposed rulemaking under subparagraph (A) shall require, at a minimum—

"(i) the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations[,] for commercial tour operators;

"(ii) the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations[,] for commercial tour operators; and

"(iii) that beginning on a date determined appropriate by the Administrator, a helicopter operated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data.

"(C) Final rule.—Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule.

"(b) Safety Requirements for Sport Parachute Operations.—

"(1) Aviation rulemaking committee.—The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.

"(2) Contents.—This aviation rulemaking committee convened under paragraph (1) shall consider, at a minimum—

"(A) potential regulatory action governing parachute operations that are conducted in the United States and are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—

"(i) whether FAA-approved aircraft maintenance and inspection programs that consider, at a minimum, minimum equipment standards informed by recommended maintenance instructions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and

"(ii) initial and annual recurrent pilot training and proficiency checks for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and

"(B) the revision of guidance material contained in the advisory circular of the FAA [Federal Aviation Administration] titled 'Sport Parachuting' (AC 105–2E) to include guidance for parachute operations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and

"(C) the revision of guidance materials issued in the order of the FAA titled 'Flight Standards Information Management System' (FAA Order 8900.1), to include guidance for FAA inspectors who oversee an operation conducted under—

"(i) part 91 of title 14, Code of Federal Regulations; and

"(ii) an exception specified in section 119.1(e) of title 14, Code of Federal Regulations.

"(3) Membership.—The aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including—

"(A) representatives of industry, including manufacturers of aircraft and aircraft technologies;

"(B) parachute operators, or organizations that represent such operators; and

"(C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations.

"(4) Duties.—

"(A) In general.—The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2).

"(B) Considerations.—In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider—

"(i) findings and recommendations of the National Transportation Safety Board, as relevant, and specifically such findings and recommendations related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii;

"(ii) recommendations of previous aviation rulemaking committees that considered similar issues;

"(iii) recommendations from industry safety organizations, including, at a minimum, the United States Parachute Association;

"(iv) appropriate use of data for modifying behavior to prevent accidents;

"(v) data gathered from aviation safety reporting programs;

"(vi) the need to accommodate diversity of operations and mission sets;

"(vii) accommodations necessary for small businesses; and

"(viii) other issues as necessary.

"(5) Reports and regulations.—

"(A) In general.—Not later than 36 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee.

"(B) Contents.—The report under subparagraph (A) shall include—

"(i) any recommendations submitted by the aviation rulemaking committee; and

"(ii) any actions the Administrator intends to initiate, if necessary, as a result of such recommendations.

"(c) Definitions.—In this section:

"(1) Air carrier.—The term 'air carrier' has the meaning given such term in section 40102 of title 49, United States Code.

"(2) Commercial air tour.—The term 'commercial air tour' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

"(3) Commercial air tour operator.—The term 'commercial air tour operator' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

"(4) Parachute operation.—The term 'parachute operation' has the meaning given such term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation)."

§44706. Airport operating certificates

(a) General.—The Administrator of the Federal Aviation Administration shall issue an airport operating certificate to a person desiring to operate an airport—

(1) that serves an air carrier operating aircraft designed for at least 31 passenger seats;

(2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and

(3) that the Administrator requires to have a certificate;

if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part.

(b) Terms.—An airport operating certificate issued under this section shall contain terms necessary to ensure safety in air transportation. Unless the Administrator decides that it is not in the public interest, the terms shall include conditions related to—

(1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used for landing, takeoff, or surface maneuvering of an aircraft; and

(2) friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary.

(c) Exemptions.—The Administrator may exempt from the requirements of this section, related to firefighting and rescue equipment, an operator of an airport described in subsection (a) of this section having less than .25 percent of the total number of passenger boardings each year at all airports described in subsection (a) when the Administrator decides that the requirements are or would be unreasonably costly, burdensome, or impractical.

(d) Commuter Airports.—In developing the terms required by subsection (b) for airports covered by subsection (a)(2), the Administrator shall identify and consider a reasonable number of regulatory alternatives and select from such alternatives the least costly, most cost-effective or the least burdensome alternative that will provide comparable safety at airports described in subsections (a)(1) and (a)(2).

(e) Effective Date.—Any regulation establishing the terms required by subsection (b) for airports covered by subsection (a)(2) shall not take effect until such regulation, and a report on the economic impact of the regulation on air service to the airports covered by the rule, has been submitted to Congress and 120 days have elapsed following the date of such submission.

(f) Limitation on Statutory Construction.—Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport described in subsection (a).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104–264, title IV, §404, Oct. 9, 1996, 110 Stat. 3256.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44706(a)	49 App.:1432(b) (1st, 2d sentences).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(b); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; Nov. 27, 1971, Pub. L. 92–174, §5(b), 85 Stat. 492; Sept. 3, 1982, Pub. L. 97–248, §§524(f), 525(b), 96 Stat. 697.
44706(b)	49 App.:1432(b) (3d, last sentences).
44706(c)	49 App.:1432(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(c); added July 12, 1976, Pub. L. 94–353, §19(a), 90 Stat. 883; Sept. 3, 1982, Pub. L. 97–248, §525(c), 96 Stat. 697.

In subsection (a), before clause (1), the words "may file with the Administrator an application for an airport operating certificate" are omitted as surplus. In clause (3), the words "the requirements of" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations".

In subsection (b), before clause (1), the words "conditions, and limitations . . . reasonably" are omitted as surplus. In clause (2), the words "grooving or other" are omitted as surplus.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–264, §404(a), added par. (2), redesignated former par. (2) as (3), substituted "if" for "(3) when" in former par. (3) and adjusted the margins of that par. to make it a flush provision following par. (3).

Subsec. (d). Pub. L. 104–264, §404(b), added subsec. (d).

Subsec. (e). Pub. L. 104–264, §404(c), added subsec. (e).

Subsec. (f). Pub. L. 104–264, §404(d), added subsec. (f).

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.

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

PFAS-Related Resources for Airports

Pub. L. 118–63, title VII, §767, May 16, 2024, 138 Stat. 1291, provided that:

"(a) PFAS Replacement Program for Airports.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation], in consultation with the Administrator of the Environmental Protection Agency, shall establish a program to reimburse sponsors of eligible airports for the reasonable and appropriate costs incurred after September 12, 2023, and associated with any of the following:

"(1) The one-time initial acquisition by the sponsor of an eligible airport of an approved fluorine-free firefighting agent under Military Specification MIL–PRE–32725, dated January 12, 2023, in a quantity of—

"(A) the capacity of all required aircraft rescue and firefighting equipment listed in the most recent FAA [Federal Aviation Administration]-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and

"(B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport.

"(2) The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater generated during the cleaning of firefighting equipment and vehicles.

"(3) The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent.

"(4) The acquisition of any equipment, or components thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent.

"(5) The replacement of any aircraft rescue and firefighting equipment determined necessary to be replaced by the Secretary.

"(b) Distribution of Funds.—

"(1) Grants to replace aircraft rescue and firefighting vehicles.—

"(A) In general.—Of the amounts made available to carry out the PFAS replacement program, the Secretary [of Transportation] shall reserve up to $30,000,000 to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free firefighting foam for the replacement of aircraft rescue and firefighting vehicles.

"(B) Amount.—The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000.

"(2) Remaining amounts.—

"(A) Determination of need.—With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—

"(i) for each eligible airport, the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting vehicles that meet index requirements under part 139, in gallons; and

"(ii) for all eligible airports, the total amount of firefighting foam concentrate, in gallons.

"(B) Determination of grant amounts.—The Secretary shall make a grant to the sponsor of each eligible airport in an amount equal to the product of—

"(i) the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and

"(ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).

"(c) Program Requirements.—

"(1) In general.—The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for approved fluorine-free firefighting foams.

"(2) Compliance with applicable law.—To be eligible for reimbursement under the program established under subsection (a), the sponsor of an eligible airport shall carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable Federal laws in effect at the time of obligation of a grant under this section.

"(3) Federal share.—The Federal share of allowable costs under the PFAS replacement program shall be 100 percent.

"(d) Authorization of Appropriations.—

"(1) In general.—There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program.

"(2) Requirements.—Amounts made available to carry out the PFAS replacement program shall—

"(A) remain available for expenditure for a period of 5 fiscal years; and

"(B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.

"(e) Definitions.—In this section:

"(1) Eligible airport.—The term 'eligible airport' means an airport holding an Airport Operating Certificate issued under part 139.

"(2) Part 139.—The term 'part 139' means part 139 of title 14, Code of Federal Regulations.

"(3) PFAS replacement program.—The term 'PFAS replacement program' means the program established under subsection (a)."

Maintaining Safe Fire and Rescue Staffing Levels

Pub. L. 118–63, title VII, §769, May 16, 2024, 138 Stat. 1295, provided that:

"(a) Update to Regulation.—The Administrator [of the Federal Aviation Administration] shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual maintains certification at the emergency medical technician basic level, or higher, at a small, medium, or large hub airport.

"(b) Staffing Review.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Administrator shall conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at airports certified under part 139 of title 14, Code of Federal Regulations.

"(c) Report.—Not later than 1 year after completing the review under subsection (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 containing the results of the review."

Firefighting Foam and Fluorinated Chemicals

Pub. L. 115–254, div. B, title III, §332(a), Oct. 5, 2018, 132 Stat. 3273, provided that: "Not later than 3 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration], using the latest version of National Fire Protection Association 403, 'Standard for Aircraft Rescue and Fire-Fighting Services at Airports', and in coordination with the Administrator of the Environmental Protection Agency, aircraft manufacturers and airports, shall not require the use of fluorinated chemicals to meet the performance standards referenced in chapter 6 of AC No: 150/5210–6D and acceptable under [section] 139.319(l) of title 14, Code of Federal Regulations."

Improvement of Runway Safety Areas

Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401, provided in part: "That not later than December 31, 2015, the owner or operator of an airport certificated under 49 U.S.C. 44706 shall improve the airport's runway safety areas to comply with the Federal Aviation Administration design standards required by 14 CFR part 139: Provided further, That the Federal Aviation Administration shall report annually to the Congress on the agency's progress toward improving the runway safety areas at 49 U.S.C. 44706 airports."

Small Airport Certification

Pub. L. 106–181, title V, §518, Apr. 5, 2000, 114 Stat. 145, provided that, not later than 60 days after Apr. 5, 2000, the Administrator of the Federal Aviation Administration would issue a notice of proposed rulemaking on implementing subsec. (a)(2) of this section relating to issuance of airport operating certificates for small scheduled passenger air carrier operations, and not later than 1 year after the last day of the period for public comment provided for in the notice of proposed rulemaking, the Administrator would issue a final rule on implementing this program.

§44707. Examining and rating air agencies

The Administrator of the Federal Aviation Administration may examine and rate the following air agencies:

(1) civilian schools giving instruction in flying or repairing, altering, and maintaining aircraft, aircraft engines, propellers, and appliances, on the adequacy of instruction, the suitability and airworthiness of equipment, and the competency of instructors.

(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of the individuals doing the work or giving instruction in the work.

(3) other air agencies the Administrator decides are necessary in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44707	49 App.:1427 (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §607 (1st sentence), 72 Stat. 779.
	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 "Administrator" in section 607 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). In clauses (1) and (2), the word "overhaul" is omitted as surplus. In clause (1), the words "course of" are omitted as surplus. In clause (3), the words "in his opinion" are omitted as surplus.

Statutory Notes and Related Subsidiaries

Aircraft Repair and Maintenance Advisory Panel

Pub. L. 106–181, title VII, §734, Apr. 5, 2000, 114 Stat. 170, provided that:

"(a) Establishment of Panel.—The Administrator [of the Federal Aviation Administration]—

"(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities (in this section referred to as 'aircraft repair facilities') located within, or outside of, the United States; and

"(2) may seek the advice of the panel on any issue related to methods to increase safety by improving the oversight of aircraft repair facilities.

"(b) Membership.—The panel shall consist of—

"(1) nine members appointed by the Administrator as follows:

"(A) three representatives of labor organizations representing aviation mechanics;

"(B) one representative of cargo air carriers;

"(C) one representative of passenger air carriers;

"(D) one representative of aircraft repair facilities;

"(E) one representative of aircraft manufacturers;

"(F) one representative of on-demand passenger air carriers and corporate aircraft operations; and

"(G) one representative of regional passenger air carriers;

"(2) one representative from the Department of Commerce, designated by the Secretary of Commerce;

"(3) one representative from the Department of State, designated by the Secretary of State; and

"(4) one representative from the Federal Aviation Administration, designated by the Administrator.

"(c) Responsibilities.—The panel shall—

"(1) determine the amount and type of work that is being performed by aircraft repair facilities located within, and outside of, the United States; and

"(2) provide advice and counsel to the Secretary [of Transportation] with respect to the aircraft and aviation component repair work performed by aircraft repair facilities and air carriers, staffing needs, and any balance of trade or safety issues associated with that work.

"(d) DOT To Request Information From Air Carriers and Repair Facilities.—

"(1) Collection of information.—The Secretary, by regulation, shall require air carriers, foreign air carriers, domestic repair facilities, and foreign repair facilities to submit such information as the Secretary may require in order to assess balance of trade and safety issues with respect to work performed on aircraft used by air carriers, foreign air carriers, United States corporate operators, and foreign corporate operators.

"(2) Drug and alcohol testing information.—Included in the information the Secretary requires under paragraph (1) shall be information on the existence and administration of employee drug and alcohol testing programs in place at the foreign repair facilities, if applicable. The Secretary, if necessary, shall work with the International Civil Aviation Organization to increase the number and improve the administration of employee drug and alcohol testing programs at the foreign repair facilities.

"(3) Description of work done.—Included in the information the Secretary requires under paragraph (1) shall be information on the amount and type of work performed on aircraft registered in and outside of the United States.

"(e) DOT To Facilitate Collection of Information About Aircraft Maintenance.—The Secretary shall facilitate the collection of information from the National Transportation Safety Board, the Federal Aviation Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities.

"(f) DOT To Make Information Available to Public.—The Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority to withhold trade secrets or commercial, financial, and other proprietary information under section 552 of title 5, United States Code.

"(g) Termination.—The panel established under subsection (a) shall terminate on the earlier of—

"(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or

"(2) December 31, 2001.

"(h) Definitions.—The definitions contained in section 40102 of title 49, United States Code, shall apply to this section."

§44708. Inspecting and rating air navigation facilities

The Administrator of the Federal Aviation Administration may inspect, classify, and rate an air navigation facility available for the use of civil aircraft on the suitability of the facility for that use.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44708	49 App.:1426 (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §606 (1st sentence), 72 Stat. 779.
	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 word "Administrator" in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g).

§44709. Amendments, modifications, suspensions, and revocations of certificates

(a) Reinspection and Reexamination.—

(1) In general.—The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.

(2) Notification of reexamination of airman.—Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman—

(A) a reasonable basis, described in detail, for requesting the reexamination; and

(B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.

(b) Actions of the Administrator.—The Administrator may issue an order amending, modifying, suspending, or revoking—

(1) any part of a certificate issued under this chapter if—

(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or

(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section 44715(a) of this title; and

(2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)).

(c) Advice to Certificate Holders and Opportunity To Answer.—Before acting under subsection (b) of this section, the Administrator shall advise the holder of the certificate of the charges or other reasons on which the Administrator relies for the proposed action. Except in an emergency, the Administrator shall provide the holder an opportunity to answer the charges and be heard why the certificate should not be amended, modified, suspended, or revoked.

(d) Appeals.—(1) A person adversely affected by an order of the Administrator under this section may appeal the order to the National Transportation Safety Board. After notice and an opportunity for a hearing, the Board may amend, modify, or reverse the order when the Board finds—

(A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or

(B) if the order was issued under subsection (b)(1)(B) of this section—

(i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or

(ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation.

(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.

(3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator.

(e) Effectiveness of Orders Pending Appeal.—

(1) In general.—When a person files an appeal with the Board under subsection (d), the order of the Administrator is stayed.

(2) Exception.—Notwithstanding paragraph (1), the order of the Administrator is effective immediately if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately.

(3) Review of emergency order.—A person affected by the immediate effectiveness of the Administrator's order under paragraph (2) may petition for a review by the Board, under procedures promulgated by the Board, of the Administrator's determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order is received by the person. If the Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph not later than 5 days after the date on which the request is filed.

(4) Final disposition.—The Board shall make a final disposition of an appeal under subsection (d) not later than 60 days after the date on which the appeal is filed.

(f) Judicial Review.—A person substantially affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190; Pub. L. 106–181, title VII, §716, Apr. 5, 2000, 114 Stat. 162; Pub. L. 108–176, title II, §227(c), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–153, §2(c)(2), Aug. 3, 2012, 126 Stat. 1161; Pub. L. 115–254, div. B, title III, §393(a), Oct. 5, 2018, 132 Stat. 3325.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44709(a)	49 App.:1429(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §609(a) (1st–7th sentences, 8th–last sentences less Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481; Nov. 27, 1971, Pub. L. 92–174, §6, 85 Stat. 492; Aug. 26, 1992, Pub. L. 102–345, §3(a)(1), 106 Stat. 925.
	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.
44709(b)	49 App.:1429(a) (2d sentence).
	49 App.:1429(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(b); added Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481.
	49 App.:1431(e) (words before 4th comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(e); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1241.
	49 App.:1655(c)(1).
44709(c)	49 App.:1429(a) (3d sentence).
	49 App.:1431(e) (words between 4th and 5th commas).
	49 App.:1655(c)(1).
44709(d)(1)	49 App.:1429(a) (4th sentence).
	49 App.:1431(e) (words after 4th comma).
44709(d)(2)	49 App.:1429(a) (6th sentence).
44709(d)(3)	49 App.:1429(a) (5th sentence).
	49 App.:1655(c)(1).
44709(e)	49 App.:1429(a) (7th sentence).
	49 App.:1655(c)(1).
44709(f)	49 App.:1429(a) (8th–last sentences less Administrator under subch. VII).
	49 App.:1655(c)(1).

In this section, the word "Administrator" in section 609(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). The words "modifying", "modify", and "modified" are omitted as surplus.

In subsection (a), the words "airman holding a certificate issued under section 44703 of this title" are substituted for "civil airman" for clarity.

In subsection (b)(1), before subclause (A), the words "certificate issued under this chapter" are substituted for "type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency certificate" to eliminate unnecessary words.

In subsection (b)(2), the words "in his discretion" and "regarding the use or operation of an aircraft" in 49 App.:1429(b) are omitted as surplus.

In subsection (c), the words "cases of" in 49 App.:1429(a) are omitted as surplus.

In subsection (d)(1), before clause (A), the word "adversely" is substituted for "whose certificate is" in 49 App.:1429(a), and the words "an opportunity for a" are added, for consistency in the revised title and with other titles of the United States Code. The words "of the FAA" in 49 App.:1431(e) are omitted as surplus.

In subsection (d)(2), the words "consistent with this subsection" are omitted as surplus.

In subsection (d)(3), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).

In subsection (e), before clause (1), the words "the effectiveness of" are omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 designated existing provisions as par. (1), inserted heading, and added par. (2).

2012—Subsec. (d)(3). Pub. L. 112–153 struck out "but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "Administrator".

2003—Subsec. (a). Pub. L. 108–176 inserted "design organization, production certificate holder," after "appliance,".

2000—Subsec. (e). Pub. L. 106–181 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately—

"(1) the order is effective; and

"(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board."

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.

Risk Model for Production Facility Inspections

Pub. L. 118–63, title III, §314, May 16, 2024, 138 Stat. 1077, provided that:

"(a) In General.—Not later than 12 months after the date of enactment of this Act [May 16, 2024], and periodically thereafter, the Administrator [of the Federal Aviation Administration] shall—

"(1) conduct a review of the risk-based model used by certification management offices of the FAA [Federal Aviation Administration] to inform the frequency of aircraft manufacturing or production facility inspections; and

"(2) update the model to ensure such model adequately accounts for risk at facilities during periods of increased production.

"(b) Briefings.—Not later than 60 days after the date on which the review is completed 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—

"(1) the results of the review;

"(2) any changes made to the risk-based model described in subsection (a); and

"(3) how such changes would help improve the in-plant inspection process."

§44710. Revocations of airman 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) Revocation.—(1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section 44703 of this title after the individual is convicted, 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), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that—

(A) an aircraft was used to commit, or facilitate the commission of, the offense; and

(B) the individual served as an airman, or was on the aircraft, in connection with committing, or facilitating the commission of, the offense.

(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—

(A) the individual knowingly carried out an activity punishable, 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), by death or imprisonment for more than one year;

(B) an aircraft was used to carry out or facilitate the activity; and

(C) the individual served as an airman, or was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the activity.

(3) The Administrator has no authority under paragraph (1) of this subsection to review whether an airman violated a law of the United States or a State related to a controlled substance.

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

(1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and

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

(d) Appeals.—(1) An individual 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 an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by findings of fact of the Administrator.

(2) When an individual 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 make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.

(3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

(e) Acquittal.—(1) The Administrator may not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) 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 an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a certificate to the individual if—

(A) the individual otherwise satisfies the requirements for a certificate under section 44703 of this title; and

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

(ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed.

(f) Waivers.—The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be revoked if—

(1) a law enforcement official of the United States Government or of a State requests a waiver; and

(2) the Administrator decides that the waiver will facilitate law enforcement efforts.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1191; Pub. L. 112–153, §2(c)(3), Aug. 3, 2012, 126 Stat. 1161.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44710(a)	49 App.:1429(c)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(1), (2), (4); added Oct. 19, 1984, Pub. L. 98–499, §2(a), 98 Stat. 2312, 2313.
44710(b)(1)	49 App.:1429(c)(1) (1st sentence).
44710(b)(2)	49 App.:1429(c)(2) (1st sentence).
44710(b)(3)	49 App.:1429(c)(1) (last sentence).
44710(c)	49 App.:1429(c)(3) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(3); added Oct. 19, 1984, Pub. L. 98–499, §2(a), 98 Stat. 2312; Aug. 26, 1992, Pub. L. 102–345, §3(b), 106 Stat. 926.
44710(d)	49 App.:1429(c)(3) (2d–last sentences).
44710(e)(1)	49 App.:1429(c)(2) (last sentence).
44710(e)(2)	49 App.:1422(b)(2)(C).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(b)(2)(C); added Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313.
44710(f)	49 App.:1429(c)(5).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(5); added Nov. 18, 1988, Pub. L. 100–690, §7204(b), 102 Stat. 4425.

In subsection (b)(1) and (2), before each clause (A), the words "of any person" are omitted as surplus. The words "issued . . . under section 44703 of this title" are added for clarity.

In subsection (b)(1), the word "offense" is substituted for "crime" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(2)(C), the words "in connection with carrying out, or facilitating the carrying out of, the activity" are substituted for "in connection with such activity or the facilitation of such activity" for consistency with the source provisions restated in paragraph (1)(B) of this subsection.

In subsection (d)(1), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).

In subsection (e)(1), the words "on appeal" and "contained" are omitted as surplus.

In subsection (e)(2)(B)(i), the word "contained" is omitted as surplus.

In subsection (e)(2)(B)(ii), the words "judgment of" are omitted as surplus.

Editorial Notes

Amendments

2012—Subsec. (d)(1). Pub. L. 112–153 struck out "but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law" after "findings of fact of the Administrator".

§44711. Prohibitions and exemption

(a) Prohibitions.—A person may not—

(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;

(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—

(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or

(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;

(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;

(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;

(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;

(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602);

(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;

(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate;

(9) manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title;

(10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or

(11) violate section 44732 or any regulation issued thereunder.

(b) Exemption.—On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.

(c) Prohibition on Employment of Convicted Counterfeit Part Traffickers.—No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.

(d) Post-employment Restrictions for Inspectors and Engineers.—

(1) Prohibition.—A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—

(A) served as, or was responsible for oversight of—

(i) a flight standards inspector of the Administration; or

(ii) an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and

(B) had responsibility to inspect, or oversee inspection of, the operations of such person.

(2) Written and oral communications.—For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title V, §505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L. 108–176, title II, §227(d), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–95, title III, §§307(b), 342(a), Feb. 14, 2012, 126 Stat. 61, 79; Pub. L. 116–260, div. V, title I, §111(b), Dec. 27, 2020, 134 Stat. 2330; Pub. L. 118–63, title IV, §420(a)(1), May 16, 2024, 138 Stat. 1164.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44711(a)(1)	49 App.:1430(a)(1).	Aug. 23, 1958, Pub. L. 85–726, §610(a)(1)–(5), (b), 72 Stat. 780.
44711(a)(2)	49 App.:1430(a)(2).
44711(a)(3)	49 App.:1430(a)(3).
44711(a)(4)	49 App.:1430(a)(4).
44711(a)(5)	49 App.:1430(a)(5).
44711(a)(6)	49 App.:1430(a)(6).	Aug. 23, 1958, Pub. L. 85–726, §610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, §51(b)(3)(A), 84 Stat. 235.
44711(a)(7)	49 App.:1430(a)(7).	Aug. 23, 1958, Pub. L. 85–726, §610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, §51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705.
44711(a)(8)	49 App.:1430(a)(8).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §610(a)(8); added May 21, 1970, Pub. L. 91–258, §51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97–248, §525(d), 96 Stat. 697.
44711(a)(9)	49 App.:1430(a)(9).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §610(a)(9); added Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, §15(b)(2), 91 Stat. 1283.
44711(b)	49 App.:1430(b).
	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 subsection (a)(1) and (7), the words "condition, or limitation" are omitted as being included in "term".

In subsection (a)(1), the words "without . . . in effect" are substituted for "for which there is not currently in effect an" to eliminate unnecessary words.

In subsection (a)(2), (5), and (7), the word "rule" is omitted as being synonymous with "regulations".

In subsection (a)(2)(B), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(5) and (7), the words "prescribed . . . issued" are added for consistency in the revised title and with other titles of the Code.

In subsection (a)(5), the words "of the Secretary of Transportation" are omitted as surplus.

In subsection (a)(6), the words "proclaimed by the President" are omitted as surplus. The words "section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602)" are substituted for "section 143 of title 33" because the section was part of the Act of October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608.

In subsection (a)(7), the words "holding . . . such certificate" are omitted because of the restatement.

In subsection (a)(8), the words "by the Administrator" are omitted as surplus.

In subsection (b), the word "Administrator" in section 610(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 780) is retained on authority of 49:106(g). The words "to the extent, and . . . and conditions" and "by such airmen" are omitted as surplus.

Pub. L. 103–429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.

Editorial Notes

Amendments

2024—Subsec. (a)(10), (11). Pub. L. 118–63 added par. (10) and redesignated former par. (10) as (11).

2020—Subsec. (d). Pub. L. 116–260 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions for flight standards inspectors.

2012—Subsec. (a)(10). Pub. L. 112–95, §307(b), added par. (10).

Subsec. (d). Pub. L. 112–95, §342(a), added subsec. (d).

2003—Subsec. (a)(7). Pub. L. 108–176 substituted "agency, design organization certificate," for "agency".

2000—Subsec. (c). Pub. L. 106–181 added subsec. (c).

1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted "any of sections" before "44702–44716".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–95, title III, §342(b), Feb. 14, 2012, 126 Stat. 80, provided that: "The amendment made by subsection (a) [amending this section] shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act [Feb. 14, 2012]."

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 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.

Regulations

Pub. L. 118–63, title IV, §420(a)(2), May 16, 2024, 138 Stat. 1164, provided that: "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 regulations requiring persons to comply with section 44711(a)(10) of title 49, United States Code (as added by paragraph (1))."

§44712. Emergency locator transmitters

(a) Installation.—An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce.

(b) Nonapplication.—Prior to January 1, 2002, subsection (a) does not apply to—

(1) turbojet-powered aircraft;

(2) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;

(4) aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an agricultural purpose;

(5) aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;

(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and

(7) aircraft equipped to carry only one individual.

(c) Nonapplication Beginning on January 1, 2002.—

(1) In general.—Subject to paragraph (2), on and after January 1, 2002, subsection (a) does not apply to—

(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;

(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;

(C) aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;

(D) aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry out such research and development;

(E) aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;

(F) aircraft when used in the aerial application of a substance for an agricultural purpose;

(G) aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or

(H) aircraft equipped to carry only one individual.

(2) Delay in implementation.—The Administrator of the Federal Aviation Administration may continue to implement subsection (b) rather than subsection (c) for a period not to exceed 2 years after January 1, 2002, if the Administrator finds such action is necessary to promote—

(A) a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or

(B) other safety objectives.

(d) Compliance.—An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).

(e) Removal.—The Administrator shall prescribe regulations specifying the conditions under which an aircraft subject to subsection (a) of this section may operate when its emergency locator transmitter has been removed for inspection, repair, alteration, or replacement.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 106–181, title V, §501(a), Apr. 5, 2000, 114 Stat. 131.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44712(a)	49 App.:1421(d)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(1); added Dec. 29, 1970, Pub. L. 91–596, §31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048; Nov. 9, 1977, Pub. L. 95–163, §15(a)(1), 91 Stat. 1283.
44712(b)	49 App.:1421(d)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(2); added Dec. 29, 1970, Pub. L. 91–596, §31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
44712(c)	49 App.:1421(d)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(3); added Nov. 9, 1977, Pub. L. 95–163, §15(a)(2), 91 Stat. 1283.

In subsection (a), the words "Except with respect to aircraft described in paragraph (2) of this subsection and except as provided in paragraph (3) of this subsection" are omitted as surplus. The words "minimum standards pursuant to this section shall include a requirement that", the text of 49 App.:1421(d)(1)(A), and the words "after three years and six months following such date" are omitted as executed.

In subsection (b), the word "used" is substituted for "engaged" for consistency. In clause (3), the word "training" is substituted for "local flight" for consistency. In clause (4), the words "chemicals and other" are omitted as surplus. In clause (5), the word "purposes" is omitted as surplus.

In subsection (c), the words "prescribe regulations" are substituted for "shall issue regulations . . . as he prescribes in such regulations" to eliminate unnecessary words. The words "such limitations and" and "from such aircraft" are omitted as surplus.

Editorial Notes

Amendments

2000—Subsec. (b). Pub. L. 106–181, §501(a)(1), substituted "Prior to January 1, 2002, subsection (a)" for "Subsection (a) of this section" in introductory provisions.

Subsecs. (c) to (e). Pub. L. 106–181, §501(a)(2), (3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

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.

Regulations

Pub. L. 106–181, title V, §501(b), Apr. 5, 2000, 114 Stat. 132, provided that: "The Secretary [of Transportation] shall issue regulations to carry out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001."

Emergency Locator Transmitters on General Aviation Aircraft

Pub. L. 112–95, title III, §347, Feb. 14, 2012, 126 Stat. 82, provided that:

"(a) Inspection.—As part of the annual inspection of general aviation aircraft, the Administrator of the Federal Aviation Administration shall require a detailed inspection of each emergency locator transmitter (in this section referred to as an 'ELT') installed in general aviation aircraft operating in the United States to ensure that the ELT is mounted and retained in accordance with the manufacturer's specifications.

"(b) Mounting and Retention.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall determine if the ELT mounting requirements and retention tests specified by Technical Standard Orders C91a and C126 are adequate to assess retention capabilities in ELT designs.

"(2) Revision.—Based on the determination under paragraph (1), the Administrator shall make any necessary revisions to the requirements and retention tests referred to in paragraph (1) to ensure that ELTs are properly retained in the event of an aircraft accident.

"(c) Report.—Upon the completion of any revisions under subsection (b)(2), the Administrator shall submit a report on the implementation of this section to—

"(1) the Committee on Commerce, Science, and Transportation of the Senate; and

"(2) the Committee on Transportation and Infrastructure of the House of Representatives."

§44713. Inspection and maintenance

(a) General Equipment Requirements.—An air carrier shall make, or cause to be made, any inspection, repair, or maintenance of equipment used in air transportation as required by this part or regulations prescribed or orders issued by the Administrator of the Federal Aviation Administration under this part. A person operating, inspecting, repairing, or maintaining the equipment shall comply with those requirements, regulations, and orders.

(b) Duties of Inspectors.—The Administrator of the Federal Aviation Administration shall employ inspectors who shall—

(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier in air transportation, to enable the Administrator to decide whether the aircraft, aircraft engines, propellers, or appliances are in safe condition and maintained properly; and

(2) advise and cooperate with the air carrier during that inspection and maintenance.

(c) Unsafe Aircraft, Engines, Propellers, and Appliances.—When an inspector decides that an aircraft, aircraft engine, propeller, or appliance is not in condition for safe operation, the inspector shall notify the air carrier in the form and way prescribed by the Administrator of the Federal Aviation Administration. For 5 days after the carrier is notified, the aircraft, engine, propeller, or appliance may not be used in air transportation or in a way that endangers air transportation unless the Administrator or the inspector decides the aircraft, engine, propeller, or appliance is in condition for safe operation.

(d) Modifications in System.—(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for processing forms for major repairs or alterations to fuel tanks and fuel systems of aircraft not used to provide air transportation that are necessary to make the system more effective in serving the needs of users of the system, including 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)). The modifications shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the lack of a special identification feature to allow the forms to be distinguished easily from other major repair and alteration forms.

(B) the excessive period of time required to receive the forms at the Airmen and Aircraft Registry of the Administration.

(C) the backlog of forms waiting for processing at the Registry.

(D) the lack of ready access by law enforcement officials to information contained on the forms.

(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). 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.

(e) Automated Surveillance Targeting Systems.—

(1) In general.—The Administrator shall give high priority to developing and deploying a fully enhanced safety performance analysis system that includes automated surveillance to assist the Administrator in prioritizing and targeting surveillance and inspection activities of the Federal Aviation Administration.

(2) Deadlines for deployment.—

(A) Initial phase.—The initial phase of the operational deployment of the system developed under this subsection shall begin not later than December 31, 1997.

(B) Final phase.—The final phase of field deployment of the system developed under this subsection shall begin not later than December 31, 1999. By that date, all principal operations and maintenance inspectors of the Administration, and appropriate supervisors and analysts of the Administration shall have been provided access to the necessary information and resources to carry out the system.

(3) Integration of information.—In developing the system under this section, the Administration shall consider the near-term integration of accident and incident data into the safety performance analysis system under this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 104–264, title IV, §407(b), Oct. 9, 1996, 110 Stat. 3258; 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)
44713(a)	49 App.:1425(a).	Aug. 23, 1958, Pub. L. 85–726, §605(a), (b), 72 Stat. 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.
44713(b)	49 App.:1425(b) (1st sentence).
	49 App.:1655(c)(1).
44713(c)	49 App.:1425(b) (last sentence).
	49 App.:1655(c)(1).
44713(d)(1)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
	49 App.:1425(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §605(c); added Nov. 18, 1988, Pub. L. 100–690, §7206(a), 102 Stat. 4426.
44713(d)(2)	49 App.:1401 (note).	Nov. 18, 1988, Pub. L. 100–690, §7207(a) (1st sentence), (b), 102 Stat. 4427.

In subsections (a)–(c), the word "Administrator" in section 605(a) and (b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g).

In subsection (a), the word "overhaul" is omitted as being included in "repair". The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "A person operating, inspecting, overhauling, or maintaining the equipment shall comply with those requirements, regulations, and orders" are substituted for 49 App.:1425(a) (last sentence) to eliminate unnecessary words.

In subsection (b), before clause (1), the words "be charged with the duty . . . of" are omitted as surplus. In clause (1), the words "in use" are substituted for "used by an air carrier in air transportation" to eliminate unnecessary words. The words "as may be necessary" and "for operation in air transportation" are omitted as surplus.

In subsection (c), the words "in the performance of his duty", "used or intended to be used by any air carrier in air transportation", and "a period of" are omitted as surplus.

In subsection (d)(1), before clause (A), the words "not used to provide air transportation" are substituted for section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4434) because of the restatement.

In subsection (d)(2), 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). The words "Commissioner of Customs" are substituted for "United States Customs Service" because of 19:2071.

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–264 added subsec. (e).

Statutory Notes and Related Subsidiaries

Change of Name

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (d)(2) 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.

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.

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.

Maintenance Providers

Pub. L. 112–95, title III, §319, Feb. 14, 2012, 126 Stat. 69, provided that:

"(a) Regulations.—Not later than 3 years after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall issue regulations requiring that covered work on an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, be performed by persons in accordance with subsection (b).

"(b) Persons Authorized To Perform Certain Work.—A person may perform covered work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, only if the person is employed by—

"(1) a part 121 air carrier;

"(2) a part 145 repair station or a person authorized under section 43.17 of title 14, Code of Federal Regulations (or any successor regulation); or

"(3) subject to subsection (c), a person that—

"(A) provides contract maintenance workers, services, or maintenance functions to a part 121 air carrier or part 145 repair station; and

"(B) meets the requirements of the part 121 air carrier or the part 145 repair station, as appropriate.

"(c) Terms and Conditions.—Covered work performed by a person who is employed by a person described in subsection (b)(3) shall be subject to the following terms and conditions:

"(1) The applicable part 121 air carrier shall be directly in charge of the covered work being performed.

"(2) The covered work shall be carried out in accordance with the part 121 air carrier's maintenance manual.

"(3) The person shall carry out the covered work under the supervision and control of the part 121 air carrier directly in charge of the covered work being performed on its aircraft.

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

"(1) Covered work.—The term 'covered work' means any of the following:

"(A) Essential maintenance that could result in a failure, malfunction, or defect endangering the safe operation of an aircraft if not performed properly or if improper parts or materials are used.

"(B) Regularly scheduled maintenance.

"(C) A required inspection item (as defined by the Administrator).

"(2) Part 121 air carrier.—The term 'part 121 air carrier' means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

"(3) Part 145 repair station.—The term 'part 145 repair station' means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.

"(4) Person.—The term 'person' means an individual, firm, partnership, corporation, company, or association that performs maintenance, preventative maintenance, or alterations."

§44714. Aviation fuel standards

The Administrator of the Federal Aviation Administration shall prescribe—

(1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act (42 U.S.C. 7571) endanger the public health or welfare; and

(2) regulations providing for carrying out and enforcing those standards.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1195.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44714	49 App.:1421(e).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(e); added Dec. 31, 1970, Pub. L. 91–604, §11(b)(1), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, §15(b)(1), 91 Stat. 1283.

In this section, before clause (1), the words "and from time to time revise" are omitted as surplus. In clause (1), the words "establishing" and "the purpose of" are omitted as surplus.

Statutory Notes and Related Subsidiaries

Low Lead Aviation Fuel in Alaska

Pub. L. 118–63, title VII, §771(a), May 16, 2024, 138 Stat. 1296, provided that:

"(1) Prohibition on restriction of fuel usage or availability.—The Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall not restrict the continued use or availability of 100-octane low lead aviation gasoline in the State of Alaska until the earlier of—

"(A) December 31, 2032; or

"(B) 6 months after the date on which the Administrator of the Federal Aviation Administration finds that an unleaded aviation fuel is widely commercially available at airports throughout the State of Alaska that—

"(i) has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline; and

"(ii) meets either an industry consensus standard or other standard that facilitates and ensures the safe use, production, and distribution of such unleaded aviation fuel.

"(2) Savings clause.—Nothing in this section shall limit the authority of the Administrator of the Federal Aviation Administration or the Administrator of the Environmental Protection Agency to address the endangerment to public health and welfare posed by lead emissions—

"(A) in the United States outside of the State of Alaska; or

"(B) within the State of Alaska after the date specified in paragraph (1)."

Eagle Initiative

Pub. L. 118–63, title VIII, §827, May 16, 2024, 138 Stat. 1333, provided that:

"(a) EAGLE Initiative.—

"(1) In general.—The Administrator [of the Federal Aviation Administration] shall continue to partner with industry and other Federal Government stakeholders in carrying out the Eliminate Aviation Gasoline Lead Emissions Initiative (in this section referred to as the 'EAGLE Initiative') through the end of 2030.

"(2) FAA [Federal Aviation Administration] responsibilities.—In collaborating with industry and other Government stakeholders to carry out the EAGLE Initiative, the Administrator shall take such actions as may be necessary under the authority of the Administrator to facilitate—

"(A) the safe elimination of the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;

"(B) the approval of the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models;

"(C) the implementation of the requirements of section 47107(a)(22) of title 49, United States Code, as added by this Act, as such requirements relate to the continued availability of aviation gasoline;

"(D) efforts to make unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available for purchase and use at airports in the National Plan of Integrated Airport Systems; and

"(E) the development of a transition plan to safely enable the transition of the piston-engine general aviation aircraft fleet to unleaded aviation gasoline by 2030, to the extent practicable.

"(3) Activities.—In carrying out the responsibilities of the Administrator pursuant to paragraph (2), the Administrator shall, at a minimum—

"(A) maintain a fleet authorization process for the efficient approval or authorization of eligible piston-engine aircraft and engine models to operate safely using qualified unleaded aviation gasolines;

"(B) review, update, and prioritize, as soon as practicable, certification processes and projects, as necessary, for aircraft engines and modifications to such engines to operate with unleaded aviation gasoline;

"(C) seek to facilitate programs that accelerate the creation, evaluation, qualification, deployment, and use of unleaded aviation gasolines;

"(D) carry out, in partnership with the general aviation community, an ongoing campaign for training and educating aircraft owners and operators on how to safely transition to unleaded aviation gasoline;

"(E) evaluate aircraft and aircraft engines to ensure that such aircraft and aircraft engines can safely operate with unleaded aviation gasoline candidates during cold weather conditions; and

"(F) facilitate the development of agency policies and processes, as appropriate, to support the deployment of necessary infrastructure at airports to enable the distribution and storage of unleaded aviation gasolines.

"(4) Consultation and collaboration with relevant stakeholders.—In carrying out the EAGLE Initiative, the Administrator shall continue to consult and collaborate, as appropriate, with relevant stakeholders, including—

"(A) general aviation aircraft engine, aircraft propulsion, and aircraft airframe manufacturers;

"(B) general aviation aircraft users, aircraft owners, aircraft pilots, and aircraft operators;

"(C) airports and fixed-base operators;

"(D) State, local, and Tribal aviation officials;

"(E) representatives of the petroleum industry, including developers, refiners, producers, and distributors of unleaded aviation gasolines; and

"(F) air carriers and commercial operators operating under part 135 of title 14, Code of Federal Regulations.

"(5) Report to congress.—

"(A) Initial report.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], 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 that—

"(i) contains an updated strategic plan for maintaining a fleet authorization process for the efficient approval and authorization of eligible piston-engine aircraft and engine models to operate using unleaded aviation gasolines in a manner that ensures safety;

"(ii) describes the structure and involvement of all FAA offices that have responsibilities described in paragraph (2); and

"(iii) identifies policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely and safe transition to unleaded aviation gasoline for the piston-engine aircraft fleet.

"(B) Annual briefing.—Not later than 1 year after the date on which the Administrator submits the initial report under subparagraph (A), and annually thereafter through 2030, the Administrator shall brief the appropriate committees of Congress on activities and progress of the EAGLE Initiative.

"(C) Sunset.—Subparagraph (B) shall cease to be effective after December 31, 2030.

"(b) Transition Plan to Unleaded Aviation Gasoline.—

"(1) In general.—In developing the transition plan under subsection (a)(2)(E), the Administrator may, at a minimum, assess the following:

"(A) Efforts undertaken by the EAGLE Initiative, including progress towards—

"(i) safely eliminating the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;

"(ii) approving the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models; and

"(iii) facilitating efforts to make approved unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available at airports for purchase and use in the National Plan of Integrated Airport Systems.

"(B) The evaluation and development of necessary airport infrastructure, including fuel storage and dispensing facilities, to support the distribution and storage of unleaded aviation gasoline.

"(C) The establishment of best practices for piston-engine aircraft owners and operators, airport operators and personnel, aircraft maintenance technicians, and other appropriate personnel for protecting against exposure to lead containment when—

"(i) conducting fueling operations;

"(ii) disposing of inspected gasoline samples;

"(iii) performing aircraft maintenance; and

"(iv) conducting engine run-ups.

"(D) Efforts to address supply chain and other logistical barriers inhibiting the timely distribution of unleaded aviation gasoline to airports.

"(E) Outreach efforts to educate and update piston-engine aircraft owners and operators, airport operators, and other members of the general aviation community on the potential benefits, availability, and safety of unleaded aviation gasoline.

"(2) Publication; guidance.—Upon completion of developing such transition plan, the Administrator shall—

"(A) make the plan available to the public on an appropriate website of the FAA; and

"(B) provide guidance supporting the implementation of the transition plan.

"(3) Collaboration with eagle initiative.—In supporting the development of such transition plan and issuing associated guidance pertaining to the implementation of such transition plan, the Administrator shall consult and collaborate with individuals carrying out the EAGLE Initiative.

"(4) Unleaded aviation gasoline communication materials.—The Administrator may collaborate with individuals carrying out the EAGLE Initiative to jointly develop and continuously update websites, brochures, and other communication materials associated with such transition plan to clearly convey the availability of unleaded aviation gasoline at airports.

"(5) Briefing to congress.—Not later than 60 days after the publication of such transition plan, the Administrator shall brief the appropriate committees of Congress on such transition plan and any agency efforts or actions pertaining to the implementation of such transition plan.

"(6) Savings clause.—Nothing in this section shall be construed to delay or alter the ongoing work of the EAGLE Initiative established by the Administrator in 2022."

Limitations for Certain Cargo Aircraft

Pub. L. 118–63, title XI, §1105, May 16, 2024, 138 Stat. 1416, provided that:

"(a) In General.—The standards adopted by the Administrator of the Environmental Protection Agency in part 1030 of title 40, Code of Federal Regulations, and the requirements in part 38 of title 14, Code of Federal Regulations, that were finalized by the Administrator of the FAA [Federal Aviation Administration] under the final rule titled 'Airplane Fuel Efficiency Certification', and published on February 16, 2024 (89 Fed. Reg. 12634) in part 38 of title 14, Code of Federal Regulations, shall not apply to any covered airplane before the date that is 5 years after January 1, 2028.

"(b) Operational Limitation.—The Administrator [of the Federal Aviation Administration] shall limit to domestic use or international operations, consistent with relevant international agreements and standards, the operation of any covered airplane that—

"(1) does not meet the standards and requirements described in subsection (a); and

"(2) received an original certificate of airworthiness issued by the Administrator on or after January 1, 2028.

"(c) Definitions.—In this section:

"(1) Covered airplane.—The term 'covered airplane' means an airplane that—

"(A) is a subsonic jet that is a purpose-built freighter;

"(B) has a maximum takeoff mass greater than 180,000 kilograms but not greater than 240,000 kilograms; and

"(C) has a type design certificated prior to January 1, 2023.

"(2) Purpose-built freighter.—The term 'purpose-built freighter' means any airplane that—

"(A) was configured to carry cargo rather than passengers prior to receiving an original certificate of airworthiness; and

"(B) is configured to carry cargo rather than passengers."

Aviation Fuel

Pub. L. 115–254, div. B, title V, §565, Oct. 5, 2018, 132 Stat. 3385, provided that:

"(a) Use of Unleaded Aviation Gasoline.—The Administrator [of the Federal Aviation Administration] shall allow the use of an unleaded aviation gasoline in an aircraft as a replacement for a leaded gasoline if the Administrator—

"(1) determines that the unleaded aviation gasoline qualifies as a replacement for an approved leaded gasoline;

"(2) identifies the aircraft and engines that are eligible to use the qualified replacement unleaded gasoline; and

"(3) adopts a process (other than the traditional means of certification) to allow eligible aircraft and engines to operate using qualified replacement unleaded gasoline in a manner that ensures safety.

"(b) Timing.—The Administrator shall adopt the process described in subsection (a)(3) not later than 180 days after the later of—

"(1) the date on which the [Federal Aviation] Administration completes the Piston Aviation Fuels Initiative; or

"(2) the date on which the American Society for Testing and Materials publishes a production specification for an unleaded aviation gasoline.

"(c) Type Certification.—Existing regulatory mechanisms by which an unleaded aviation gasoline can be approved for use in an engine or aircraft by Type or Supplemental Type Certificate for individual aircraft and engine types or by Approved Model List Supplemental Type Certificate providing coverage for a broad range of applicable types of aircraft or engines identified in the application shall continue to be fully available as a means of approving and bringing an unleaded aviation gasoline into general use in the United States. Such approvals shall be issued when the Administrator finds that the aircraft or engine performs properly and meets the applicable regulations and minimum standards under the normal certification process."

§44715. Controlling aircraft noise and sonic boom

(a) Standards and Regulations.—(1)(A) To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration, as he deems necessary, shall prescribe—

(i) standards to measure aircraft noise and sonic boom; and

(ii) regulations to control and abate aircraft noise and sonic boom.

(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the Environmental Protection Agency on such advisory committees or associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.

(2) The Administrator of the Federal Aviation Administration may prescribe standards and regulations under this subsection only after consulting with the Administrator of the Environmental Protection Agency. The standards and regulations shall be applied when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.

(3) An original type certificate may be issued under section 44704(a) of this title for an aircraft for which substantial noise abatement can be achieved only after the Administrator of the Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.

(b) Considerations and Consultation.—When prescribing a standard or regulation under this section, the Administrator of the Federal Aviation Administration shall—

(1) consider relevant information related to aircraft noise and sonic boom;

(2) consult with appropriate departments, agencies, and instrumentalities of the United States Government and State and interstate authorities;

(3) consider whether the standard or regulation is consistent with the highest degree of safety in air transportation or air commerce in the public interest;

(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the applicable aircraft, aircraft engine, appliance, or certificate; and

(5) consider the extent to which the standard or regulation will carry out the purposes of this section.

(c) Proposed Regulations of Administrator of Environmental Protection Agency.—The Administrator of the Environmental Protection Agency shall submit to the Administrator of the Federal Aviation Administration proposed regulations to control and abate aircraft noise and sonic boom (including control and abatement through the use of the authority of the Administrator of the Federal Aviation Administration) that the Administrator of the Environmental Protection Agency considers necessary to protect the public health and welfare. The Administrator of the Federal Aviation Administration shall consider those proposed regulations and shall publish them in a notice of proposed regulations not later than 30 days after they are received. Not later than 60 days after publication, the Administrator of the Federal Aviation Administration shall begin a hearing at which interested persons are given an opportunity for oral and written presentations. Not later than 90 days after the hearing is completed and after consulting with the Administrator of the Environmental Protection Agency, the Administrator of the Federal Aviation Administration shall—

(1) prescribe regulations as provided by this section—

(A) substantially the same as the proposed regulations submitted by the Administrator of the Environmental Protection Agency; or

(B) that amend the proposed regulations; or

(2) publish in the Federal Register—

(A) a notice that no regulation is being prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency;

(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection Agency submitted with the proposed regulations; and

(C) a detailed explanation of why no regulation is being prescribed.

(d) Consultation and Reports.—(1) If the Administrator of the Environmental Protection Agency believes that the action of the Administrator of the Federal Aviation Administration under subsection (c)(1)(B) or (2) of this section does not protect the public health and welfare from aircraft noise or sonic boom, consistent with the considerations in subsection (b) of this section, the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Federal Aviation Administration and may request a report on the advisability of prescribing the regulation as originally proposed. The request, including a detailed statement of the information on which the request is based, shall be published in the Federal Register.

(2) The Administrator of the Federal Aviation Administration shall report to the Administrator of the Environmental Protection Agency within the time, if any, specified in the request. However, the time specified must be at least 90 days after the date of the request. The report shall—

(A) be accompanied by a detailed statement of the findings of the Administrator of the Federal Aviation Administration and the reasons for the findings;

(B) identify any statement related to an action under subsection (c) of this section filed under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));

(C) specify whether and where that statement is available for public inspection; and

(D) be published in the Federal Register unless the request proposes specific action by the Administrator of the Federal Aviation Administration and the report indicates that action will be taken.

(e) Supplemental Reports.—The Administrator of the Environmental Protection Agency may request the Administrator of the Federal Aviation Administration to file a supplemental report if the report under subsection (d) of this section indicates that the proposed regulations under subsection (c) of this section, for which a statement under section 102(2)(C) of the Act (42 U.S.C. 4332(2)(C)) is not required, should not be prescribed. The supplemental report shall be published in the Federal Register within the time the Administrator of the Environmental Protection Agency specifies. However, the time specified must be at least 90 days after the date of the request. The supplemental report shall contain a comparison of the environmental effects, including those that cannot be avoided, of the action of the Administrator of the Federal Aviation Administration and the proposed regulations of the Administrator of the Environmental Protection Agency.

(f) Exemptions.—An exemption from a standard or regulation prescribed under this section may be granted only if, before granting the exemption, the Administrator of the Federal Aviation Administration consults with the Administrator of the Environmental Protection Agency. However, if the Administrator of the Federal Aviation Administration finds that safety in air transportation or air commerce requires an exemption before the Administrator of the Environmental Protection Agency can be consulted, the exemption may be granted. The Administrator of the Federal Aviation Administration shall consult with the Administrator of the Environmental Protection Agency as soon as practicable after the exemption is granted.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1196; Pub. L. 104–264, title IV, §406(a), Oct. 9, 1996, 110 Stat. 3257.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44715(a)(1), (2)	49 App.:1431(a), (b)(1) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(a), (b), (d); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1239, 1241.
44715(a)(3)	49 App.:1431(b)(2).
44715(b)	49 App.:1431(d).
44715(c)	49 App.:1431(c)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(c); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1240; Nov. 8, 1978, Pub. L. 95–609, §3, 92 Stat. 3080.
44715(d)	49 App.:1431(c)(2).
44715(e)	49 App.:1431(c)(3).
44715(f)	49 App.:1431(b)(1) (last sentence).

In subsection (a)(1), before clause (A), the text of 49 App.:1431(a) is omitted because the revised section identifies the appropriate Administrator each time the Administrator is mentioned. The words "present and future" and "and amend" are omitted as surplus. In clause (B), the words "as the FAA may find necessary to provide" are omitted as surplus.

In subsection (a)(2), the word "only" is added for clarity.

Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to eliminate unnecessary words.

In subsection (b), before clause (1), the words "and amending" are omitted as surplus. In clause (1), the words "available . . . including the results of research, development, testing, and evaluation activities conducted pursuant to this chapter and the Department of Transportation Act" are omitted as surplus. In clause (2), the words "departments, agencies, and instrumentalities of the United States Government and State and interstate authorities" are substituted for "Federal, State, and interstate agencies" for consistency in the revised title and with other titles of the United States Code. The words "as he deems" are omitted as surplus. In clauses (3) and (4), the word "proposed" is omitted as surplus. In clause (4), the word "applicable" is substituted for "particular type of . . . to which it will apply" to eliminate unnecessary words. In clause (5), the words "contribute to" are omitted as surplus.

In subsection (c), before clause (1), the words "Not earlier than the date of submission of the report required by section 4906 of title 42" are omitted as executed. The words "regulatory . . . over air commerce or transportation or over aircraft or airport operations" and "submitted by the EPA under this paragraph" are omitted as surplus. The word "regulations" is substituted for "rulemaking" for consistency in the revised title. The words "after they are received" are substituted for "of the date of its submission to the FAA" to eliminate unnecessary words. The words "of data, views, and arguments" are omitted as surplus. In clause (1), the words "in accordance with subsection (b) of this section" are omitted because of the restatement. In clause (2)(B), the words "documentation or other" are omitted as surplus.

In subsection (d)(1), the words "listed" and "the FAA to review, and . . . to EPA . . . by EPA" are omitted as surplus.

In subsection (d)(2), before clause (A), the words "shall complete the review requested and" are omitted as surplus. In clause (B), the words "of the FAA" are omitted as surplus.

In subsection (e), the words "actually taken . . . in response to EPA's proposed regulations" are omitted as surplus.

In subsection (f), the words "under any provision of this chapter" and "that . . . be granted" are omitted as surplus. The words "the exemption may be granted" are added for clarity.

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–264, which in directing the general amendment of par. (1) inserted an additional subsec. (a) designation and heading identical to the existing subsec. heading as well as restating the text of par. (1), was executed by restating the text only to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: "To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration shall prescribe—

"(A) standards to measure aircraft noise and sonic boom; and

"(B) regulations to control and abate aircraft noise and sonic boom."

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.

Hawaii Air Noise and Safety Task Force

Pub. L. 118–63, title III, §364, May 16, 2024, 138 Stat. 1131, provided that:

"(a) Participation.—To the extent acceptable to the State of Hawaii, the Administrator [of the Federal Aviation Administration] shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii.

"(b) Rulemaking.—Not later than 18 months after the date on which the task force described in subsection (a) delivers findings and consensus recommendations to the FAA [Federal Aviation Administration], the Administrator shall, consistent with maintaining the safety and efficiency of the national airspace system—

"(1) issue an intent to proceed with a proposed rulemaking;

"(2) take other action sufficient to carry out feasible, consensus recommendations; or

"(3) issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination.

"(c) Considerations.—In determining whether to proceed with a proposed rulemaking, guidance, or other action under subsection (b) and, if applicable, in developing the proposed rule, guidance, or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a).

"(d) Authorities.—In issuing the rule, guidance, or carrying out the other action described in subsection (b), the Administrator may take actions in the State of Hawaii to—

"(1) provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions;

"(2) provide commercial air tour operators with information regarding quiet aircraft technology; and

"(3) establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints.

"(e) Rule of Construction.—Nothing in this section shall be construed as providing the Administrator with authority to ban commercial air tour flights in the State of Hawaii for the purposes of noise reduction.

"(f) Definitions.—In this section:

"(1) Commercial air tour.—The term 'commercial air tour' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.

"(2) Commercial air tour operator.—The term 'commercial air tour operator' has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations."

§44716. Collision avoidance systems

(a) Development and Certification.—The Administrator of the Federal Aviation Administration shall—

(1) complete the development of the collision avoidance system known as TCAS–II so that TCAS–II can operate under visual and instrument flight rules and can be upgraded to the performance standards applicable to the collision avoidance system known as TCAS–III;

(2) develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30, 1989; and

(3) submit to Congress monthly reports on the progress being made in developing and certifying TCAS–II.

(b) Installation and Operation.—The Administrator shall require by regulation that, not later than 30 months after the date certification is made under subsection (a)(2) of this section, TCAS–II be installed and operated on each civil aircraft that has a maximum passenger capacity of at least 31 seats and is used to provide air transportation of passengers, including intrastate air transportation of passengers. The Administrator may extend the deadline in this subsection for not more than 2 years if the Administrator finds the extension is necessary to promote—

(1) a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCAS–II; or

(2) other safety objectives.

(c) Operational Evaluation.—Not later than December 30, 1990, the Administrator shall establish a one-year program to collect and assess safety and operational information from civil aircraft equipped with TCAS–II for the operational evaluation of TCAS–II. The Administrator shall encourage foreign air carriers that operate civil aircraft equipped with TCAS–II to participate in the program.

(d) Amending Schedule for Windshear Equipment.—The Administrator shall consider the feasibility and desirability of amending the schedule for installing airborne low-altitude windshear equipment to make the schedule compatible with the schedule for installing TCAS–II.

(e) Deadline for Development and Certification.—(1) The Administrator shall complete developing and certifying TCAS–III as soon as possible.

(2) Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.

(f) Installing and Using Transponders.—The Administrator shall prescribe regulations requiring that, not later than December 30, 1990, operating transponders with automatic altitude reporting capability be installed and used for aircraft operating in designated terminal airspace where radar service is provided for separation of aircraft. The Administrator may provide for access to that airspace (except terminal control areas and airport radar service areas) by nonequipped aircraft if the Administrator finds the access will not interfere with the normal traffic flow.

(g) Cargo Collision Avoidance Systems.—

(1) In general.—The Administrator shall require by regulation that, no later than December 31, 2002, collision avoidance equipment be installed on each cargo aircraft with a maximum certificated takeoff weight in excess of 15,000 kilograms.

(2) Extension of deadline.—The Administrator may extend the deadline established by paragraph (1) by not more than 2 years if the Administrator finds that the extension is needed to promote—

(A) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or

(B) other safety or public interest objectives.

(3) Collision avoidance equipment defined.—In this subsection, the term "collision avoidance equipment" means equipment that provides protection from mid-air collisions using technology that provides—

(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and

(B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1198; Pub. L. 106–181, title V, §502, Apr. 5, 2000, 114 Stat. 132.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44716(a)	49 App.:1421(f)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(f); added Dec. 30, 1987, Pub. L. 100–223, §203(b), 101 Stat. 1518; Dec. 15, 1989, Pub. L. 101–236, §2, 103 Stat. 2060.
44716(b)	49 App.:1421(f)(2), (4).
44716(c)	49 App.:1421(f)(3).
44716(d)	49 App.:1421(f)(5).
44716(e)	49 App.:1421 (note).	Dec. 30, 1987, Pub. L. 100–223, §203(d), 101 Stat. 1519.
44716(f)	49 App.:1421(f)(6).

In subsection (c), the words "In conducting the program" are omitted as surplus.

In subsection (e)(1), the word "research" is omitted as included in "developing".

In subsection (e)(2), the words "established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)" are added for consistency in the revised title.

In subsection (f), the words "Not later than 6 months after December 30, 1987, the Administrator shall promulgate a final rule" and "Such final rule" are omitted as executed.

Editorial Notes

Amendments

2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).

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.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in subsec. (a)(3) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 138 of House Document No. 103–7.

§44717. Aging aircraft

(a) Inspections and Reviews.—The Administrator of the Federal Aviation Administration shall prescribe regulations that ensure the continuing airworthiness of aging aircraft. The regulations prescribed under subsection (a) of this section—

(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each aircraft an air carrier uses to provide air transportation that the Administrator decides may be necessary to enable the Administrator to decide whether the aircraft is in safe condition and maintained properly for operation in air transportation;

(2) at least shall require an air carrier to demonstrate to the Administrator, as part of the inspection, that maintenance of the aircraft's age-sensitive parts and components has been adequate and timely enough to ensure the highest degree of safety;

(3) shall require the air carrier to make available to the Administrator the aircraft and any records about the aircraft that the Administrator requires to carry out a review; and

(4) shall establish procedures to be followed in carrying out an inspection.

(b) When and How Inspections and Reviews Shall Be Carried Out.—(1) Inspections and reviews required under subsection (a)(1) of this section shall be carried out as part of each heavy maintenance check of the aircraft conducted after the 14th year in which the aircraft has been in service.

(2) Inspections under subsection (a)(1) of this section shall be carried out as provided under section 44701(a)(2)(B) and (C) of this title.

(c) Aircraft Maintenance Safety Programs.—The Administrator shall establish—

(1) a program to verify that air carriers are maintaining their aircraft according to maintenance programs approved by the Administrator;

(2) a program—

(A) to provide inspectors and engineers of the Administration with training necessary to conduct auditing inspections of aircraft operated by air carriers for corrosion and metal fatigue; and

(B) to enhance participation of those inspectors and engineers in those inspections; and

(3) a program to ensure that air carriers demonstrate to the Administrator their commitment and technical competence to ensure the airworthiness of aircraft that the carriers operate.

(d) Foreign Air Transportation.—(1) The Administrator shall take all possible steps to encourage governments of foreign countries and relevant international organizations to develop standards and requirements for inspections and reviews that—

(A) will ensure the continuing airworthiness of aging aircraft used by foreign air carriers to provide foreign air transportation to and from the United States; and

(B) will provide passengers of those foreign air carriers with the same level of safety that will be provided passengers of air carriers by carrying out this section.

(2) Not later than September 30, 1994, the Administrator shall report to Congress on carrying out this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1199.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44717(a)	49 App.:1421 (note).	Oct. 28, 1991, Pub. L. 102–143, §§402(a), (b)(1), (c)–(e), 405, 105 Stat. 951, 952.
44717(b)	49 App.:1421 (note).	Oct. 28, 1991, Pub. L. 102–143, §402(b)(2), (3), 105 Stat. 951.
44717(c)	49 App.:1421 (note).	Oct. 28, 1991, Pub. L. 102–143, §403, 105 Stat. 952.
44717(d)	49 App.:1421 (note).	Oct. 28, 1991, Pub. L. 102–143, §404, 105 Stat. 952.

In subsections (a) and (c), before clause (1), the words "Not later than 180 days after the date of the enactment of this title" are omitted as obsolete.

In subsection (a), before clause (1), the text of section 405 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 952) is omitted as surplus because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section. The word "regulations" is substituted for "rule" because the terms are synonymous. In clauses (2)–(4), the words "required by the rule" are omitted as surplus. In clause (2), the words "structure, skin, and other" are omitted as surplus. In clause (3), the words "inspection, maintenance, and other" are omitted as surplus.

In subsection (c)(1), the word "Administrator" is substituted for "Federal Aviation Administration" for consistency in the revised title.

In subsection (d)(1), before clause (A), the words "governments of foreign countries" are substituted for "foreign governments" for consistency in the revised title and with other titles of the United States Code.

§44718. Structures interfering with air commerce or national security

(a) Notice.—By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will promote—

(1) safety in air commerce;

(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or

(3) the interests of national security, as determined by the Secretary of Defense.

(b) Studies.—

(1) In general.—Under regulations prescribed by the Secretary, if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In conducting the study, the Secretary shall—

(A) consider factors relevant to the efficient and effective use of the navigable airspace, including—

(i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;

(ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;

(iii) the impact on existing public-use airports and aeronautical facilities;

(iv) the impact on planned public-use airports and aeronautical facilities;

(v) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures;

(vi) the impact on launch and reentry for launch and reentry vehicles arriving or departing from a launch site or reentry site licensed by the Secretary of Transportation; and

(vii) other factors relevant to the efficient and effective use of navigable airspace; and

(B) include the finding made by the Secretary of Defense under subsection (f).

(2) Report.—On completing the study, the Secretary of Transportation shall issue a report disclosing the extent of the—

(A) adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure; and

(B) unacceptable risk to the national security of the United States, as determined by the Secretary of Defense under subsection (f).

(3) Severability.—A determination by the Secretary of Transportation on hazard to air navigation under this section shall remain independent of a determination of unacceptable risk to the national security of the United States by the Secretary of Defense under subsection (f).

(c) Broadcast Applications and Tower Studies.—In carrying out laws related to a broadcast application and conducting an aeronautical study related to broadcast towers, the Administrator of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to coordinate efficiently—

(1) the receipt and consideration of, and action on, the application; and

(2) the completion of any associated aeronautical study.

(d) Limitation on Construction of Landfills.—

(1) In general.—No person shall construct or establish a municipal solid waste landfill (as defined in section 258.2 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of this subsection) that receives putrescible waste (as defined in section 257.3–8 of such title) within 6 miles of a public airport that has received grants under chapter 471 and is primarily served by general aviation aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less unless the State aviation agency of the State in which the airport is located requests that the Administrator of the Federal Aviation Administration exempt the landfill from the application of this subsection and the Administrator determines that such exemption would have no adverse impact on aviation safety.

(2) Limitation on applicability.—Paragraph (1) shall not apply in the State of Alaska and shall not apply to the construction, establishment, expansion, or modification of, or to any other activity undertaken with respect to, a municipal solid waste landfill if the construction or establishment of the landfill was commenced on or before the date of the enactment of this subsection.

(e) Review of Aeronautical Studies.—The Administrator of the Federal Aviation Administration shall develop procedures to allow the Department of Defense and the Department of Homeland Security to review and comment on an aeronautical study conducted pursuant to subsection (b) prior to the completion of the study.

(f) National Security Finding.—As part of an aeronautical study conducted under subsection (b) and in accordance with section 183a(e) of title 10, the Secretary of Defense shall—

(1) make a finding on whether the construction, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in an unacceptable risk to the national security of the United States; and

(2) transmit the finding to the Secretary of Transportation for inclusion in the report required under subsection (b)(2).

(g) Special Rule for Identified Geographic Areas.—In the case of a proposed structure to be located within a geographic area identified under section 183a(d)(2)(B) of title 10, the Secretary of Transportation may not issue a determination pursuant to this section until the Secretary of Defense issues a finding under section 183a(e) of title 10, the Secretary of Defense advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming, or 180 days have lapsed since the project was filed with the Secretary of Transportation pursuant to this section, whichever occurs first.

(h) Definitions.—In this section, the terms "adverse impact on military operations and readiness" and "unacceptable risk to the national security of the United States" have the meaning given those terms in section 183a(h) of title 10.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1200; Pub. L. 104–264, title XII, §1220(a), Oct. 9, 1996, 110 Stat. 3286; Pub. L. 106–181, title V, §503(b), Apr. 5, 2000, 114 Stat. 133; Pub. L. 112–81, div. A, title III, §332, Dec. 31, 2011, 125 Stat. 1369; Pub. L. 114–248, §1(a), Nov. 28, 2016, 130 Stat. 998; Pub. L. 114–328, div. A, title III, §341(a)(1)–(4)(A), Dec. 23, 2016, 130 Stat. 2079–2081; Pub. L. 115–91, div. A, title III, §311(b)(2), (3), (e), Dec. 12, 2017, 131 Stat. 1347, 1348; Pub. L. 115–232, div. A, title X, §1081(e)(2), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 115–254, div. B, title V, §539(h), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 118–63, title XI, §1101(m), May 16, 2024, 138 Stat. 1414.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44718(a)	49 App.:1501(a).	Aug. 23, 1958, Pub. L. 85–726, §1101, 72 Stat. 797; restated Dec. 30, 1987, Pub. L. 100–223, §206 (less (b)), 101 Stat. 1521; Oct. 31, 1992, Pub. L. 102–581, §203(a), 106 Stat. 4890.
44718(b)	49 App.:1501(b).
44718(c)	49 App.:1501(c).

In subsection (a), before clause (1), the words "(hereinafter in this section referred to as the 'Secretary')" and "where necessary" are omitted as surplus.

In subsection (b)(1), before clause (A), the word "thoroughly" is omitted as surplus.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Pub. L. 106–181, which amended subsec. (d) generally, and which was approved Apr. 5, 2000.

Amendments

2024—Subsec. (h). Pub. L. 118–63 amended subsec. (h) generally. Prior to amendment, subsec. (h) defined "adverse impact on military operations and readiness" and "unacceptable risk to the national security of the United States".

2018—Subsec. (b)(1). Pub. L. 115–254, §539(h)(1), substituted "air or space navigation facilities and equipment" for "air navigation facilities and equipment" in introductory provisions.

Subsec. (b)(1)(A)(vi), (vii). Pub. L. 115–254, §539(h)(2), added cl. (vi) and redesignated former cl. (vi) as (vii).

Subsec. (h)(1). Pub. L. 115–232, §1081(e)(2)(A), substituted "section 183a(h)(1) of title 10" for "section 183a(g) of title 10".

Subsec. (h)(2). Pub. L. 115–232, §1081(e)(2)(B), substituted "section 183a(h)(7) of title 10" for "section 183a(g) of title 10".

2017—Subsec. (f). Pub. L. 115–91, §311(b)(2), inserted "and in accordance with section 183a(e) of title 10" after "conducted under subsection (b)" in introductory provisions.

Subsec. (g). Pub. L. 115–91, §311(e)(2), added subsec. (g). Former subsec. (g) redesignated (h).

Pub. L. 115–91, §311(b)(3), substituted "183a(g) of title 10" for "211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014" in pars. (1) and (2).

Subsec. (h). Pub. L. 115–91, §311(e)(1), redesignated subsec. (g) as (h).

2016—Pub. L. 114–328, §341(a)(4)(A), inserted "or national security" after "air commerce" in section catchline.

Subsec. (a)(3). Pub. L. 114–328, §341(a)(1), added par. (3).

Subsec. (b). Pub. L. 114–328, §341(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to studies by Secretary to determine obstruction of airspace by newly contructed or altered structures.

Subsec. (b)(1). Pub. L. 114–248, §1(a)(1), substituted "air or space navigation facilities and equipment" for "air navigation facilities and equipment" in introductory provisions.

Subsec. (b)(1)(F). Pub. L. 114–248, §1(a)(2)–(4), added subpar. (F).

Subsecs. (f), (g). Pub. L. 114–328, §341(a)(3), added subsecs. (f) and (g).

2011—Subsec. (e). Pub. L. 112–81 added subsec. (e).

2000—Subsec. (d). Pub. L. 106–181 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "For the purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill."

1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).

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 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.

Tower Marking Notice of Proposed Rulemaking

Pub. L. 118–63, title III, §355, May 16, 2024, 138 Stat. 1114, 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 to implement section 2110 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44718 note).

"(b) Report.—If the Administrator fails to issue the notice of proposed rulemaking pursuant to subsection (a), 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 an annual report on the status of such rulemaking, including—

"(1) the reasons that the Administrator has failed to issue the rulemaking; and

"(2) a list of fatal aircraft accidents associated with unmarked towers that have occurred during the 5-year period preceding the date of submission of the report."

Rulemaking

Pub. L. 114–248, §1(b), Nov. 28, 2016, 130 Stat. 998, provided that: "Not later than 18 months after the date of enactment of this Act [Nov. 28, 2016], the Administrator of the Federal Aviation Administration shall initiate a rulemaking to implement the amendments made by subsection (a) [amending this section]."

Protection of Safe and Efficient Use of Airspace at Airports

Pub. L. 118–63, title VII, §744, May 16, 2024, 138 Stat. 1281, provided that:

"(a) Airspace Review Process Requirements.—The Administrator [of the Federal Aviation Administration] shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the FAA [Federal Aviation Administration]-approved Airport Layout Plan of the airport) on any land not owned by any such airport:

"(1) The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing the capacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabilities.

"(2) Safety risks of lasers, lights, or light sources, inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation.

"(3) Water features or hazardous wildlife attractants, as defined by the Administrator.

"(4) Impacts to visual flight rule traffic patterns for both fixed and rotary wing aircraft, inclusive of special visual flight rule procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators.

"(5) Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of the projects and plans.

"(b) Required Information.—A notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following:

"(1) Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property.

"(2) If there are any changes to such designs or addition of equipment, such as cranes used to construct a building, after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition.

"(c) Expiration.—

"(1) In general.—Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, shall expire 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.

"(2) After expiration.—Determinations under paragraph (1) are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation after such determination has expired.

"(d) Authority to Consolidate OEI Surface Criteria.—The Administrator may develop a single set of One Engine Inoperative surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria.

"(e) Development of Policies to Protect OEI Surfaces.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], 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] regarding the status of the efforts of the FAA to protect One Engine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis processes.

"(f) Authority to Consult With Other Agencies.—The Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section.

"(g) Applicability.—This section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base."

Tower Marking

Pub. L. 114–190, title II, §2110, July 15, 2016, 130 Stat. 623, as amended by Pub. L. 115–254, div. B, title V, §576, Oct. 5, 2018, 132 Stat. 3391, provided that:

"(a) Application.—

"(1) In general.—Except as provided by paragraph (2), not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018] or the date of availability of the database developed by the Administrator pursuant to subsection (c), whichever is later, all covered towers shall be either—

"(A) clearly marked consistent with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL); or

"(B) included in the database described in subsection (c).

"(2) Meteorological evaluation tower.—A covered tower that is a meteorological evaluation tower shall be subject to the requirements of subparagraphs (A) and (B) of paragraph (1).

"(b) Definitions.—

"(1) In general.—In this section, the following definitions apply:

"(A) Covered tower.—

"(i) In general.—The term 'covered tower' means a structure that—

     "(I) is a meteorological evaluation tower, a self-standing tower, or [a] tower supported by guy wires and ground anchors;

     "(II) is 10 feet or less in diameter at the above-ground base, excluding concrete footing;

     "(III) at the highest point of the structure is at least 50 feet above ground level;

     "(IV) at the highest point of the structure is not more than 200 feet above ground level;

     "(V) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted; and

     "(VI) is located on land that is—

"(aa) in a rural area; and

"(bb) used for agricultural purposes or immediately adjacent to such land.

"(ii) Exclusions.—The term 'covered tower' does not include any structure that—

     "(I) is adjacent to a house, barn, electric utility station, or other building;

     "(II) is within the curtilage of a farmstead or adjacent to another building or visible structure;

     "(III) supports electric utility transmission or distribution lines;

     "(IV) is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet;

     "(V) is a street light erected or maintained by a Federal, State, local, or tribal entity;

     "(VI) is designed and constructed to resemble a tree or visible structure other than a tower;

     "(VII) is an advertising billboard;

     "(VIII) is located within the right-of-way of a rail carrier, including within the boundaries of a rail yard, and is used for a railroad purpose;

     "(IX)(aa) is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under part 17 of title 47, Code of Federal Regulations; and

     "(bb) is determined by the Administrator to pose no hazard to air navigation; or

     "(X) has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.

"(B) Rural area.—The term 'rural area' has the meaning given the term in section 609(a)(5) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(5)).

"(C) Agricultural purposes.—The term 'agricultural purposes' means farming in all its branches and the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture land or rangeland.

"(2) Other definitions.—The Administrator shall define such other terms as may be necessary to carry out this section.

"(c) Database.—The Administrator shall—

"(1) develop a new database, or if appropriate use an existing database that meets the requirements under this section, that contains the location and height of each covered tower that, pursuant to subsection (a), the owner or operator of such tower elects not to mark (unless the Administrator has determined that there is a significant safety risk requiring that the tower be marked), except that meteorological evaluation towers shall be marked and contained in the database;

"(2) keep the database current to the extent practicable;

"(3) ensure that any proprietary information in the database is protected from disclosure in accordance with law;

"(4) ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database—

"(A) may only be used for aviation safety purposes; and

"(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the information is marked or labeled as proprietary or with a similar designation;

"(5) ensure that the tower information in the database is de-identified and that the information only includes the location and height of covered towers and whether the tower has guy wires;

"(6) ensure that information in the dataset is encrypted at rest and in transit and is protected from unauthorized access and acquisition;

"(7) ensure that towers excluded from the definition of covered tower under subsection (d)(1)(B)(ii)(VIII) must be registered by its owner in the database;

"(8) ensure that a tower to be included in the database pursuant to subsection (c)(1) and constructed after the date on which the database is fully operational is submitted by its owner to the FAA for inclusion in the database before its construction;

"(9) ensure that pilots who intend to conduct low-altitude operations in locations described in subsection (b)(1)(A)(i)(VI) consult the relevant parts of the database before conducting such operations; and

"(10) make the database available for use not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018].

"(d) Exclusion and Waiver Authorities.—As part of a rulemaking conducted pursuant to this section, the Administrator—

"(1) may exclude a class, category, or type of tower that is determined by the Administrator, after public notice and comment, to not pose a hazard to aviation safety;

"(2) shall establish a process to waive specific covered towers from the marking requirements under this section as required under the rulemaking if the Administrator later determines such tower or towers do not pose a hazard to aviation safety;

"(3) shall consider, in establishing exclusions and granting waivers under this subsection, factors that may sufficiently mitigate risks to aviation safety, such as the length of time the tower has been in existence or alternative marking methods or technologies that maintains a tower's level of conspicuousness to a degree which adequately maintains the safety of the airspace; and

"(4) shall consider excluding towers located in a State that has enacted tower marking requirements according to the Federal Aviation Administration's recommended guidance for the voluntary marking of meteorological evaluation towers erected in remote and rural areas that are less than 200 feet above ground level to enhance the conspicuity of the towers for low level agricultural operations in the vicinity of those towers.

"(e) Periodic Review.—The Administrator shall, in consultation with the Federal Communications Commission, periodically review any regulations or guidance regarding the marking of covered towers issued pursuant to this section and update them as necessary, consistent with this section, and in the interest of safety of low-altitude aircraft operations.

"(f) FCC Regulations.—The Federal Communications Commission shall amend section 17.7 of title 47, Code of Federal Regulations, to require a notification to the Federal Aviation Administration for any construction or alteration of an antenna structure, as defined in section 17.2(a) of title 47, Code of Federal Regulations, that is a covered tower as defined by this section."

Study of Effects of New Construction of Obstructions on Military Installations and Operations

Pub. L. 111–383, div. A, title III, §358, Jan. 7, 2011, 124 Stat. 4198, as amended by Pub. L. 112–81, div. A, title III, §331, Dec. 31, 2011, 125 Stat. 1369; Pub. L. 112–239, div. A, title X, §1076(b)(1), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 114–92, div. A, title III, §314, Nov. 25, 2015, 129 Stat. 790, related to study of effects of new construction of obstructions on military installations and operations, prior to repeal by Pub. L. 115–91, div. A, title III, §311(b)(1), Dec. 12, 2017, 131 Stat. 1347. See section 183a of Title 10, Armed Forces.

Landfills Interfering With Air Commerce

Pub. L. 106–181, title V, §503(a), Apr. 5, 2000, 114 Stat. 133, provided that: "Congress finds that—

"(1) collisions between aircraft and birds have resulted in fatal accidents;

"(2) bird strikes pose a special danger to smaller aircraft;

"(3) landfills near airports pose a potential hazard to aircraft operating there because they attract birds;

"(4) even if the landfill is not located in the approach path of the airport's runway, it still poses a hazard because of the birds' ability to fly away from the landfill and into the path of oncoming planes;

"(5) while certain mileage limits have the potential to be arbitrary, keeping landfills at least 6 miles away from an airport, especially an airport served by small planes, is an appropriate minimum requirement for aviation safety; and

"(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption to those who use and depend on such landfills."

§44719. Standards for navigational aids

The Secretary of Transportation shall prescribe regulations on standards for installing navigational aids, including airport control towers. For each type of facility, the regulations shall consider at a minimum traffic density (number of aircraft operations without consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential aircraft operating efficiencies.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44719	49 App.:1348 (note).	Dec. 30, 1987, Pub. L. 100–223, §308, 101 Stat. 1526.

The words "Not later than December 31, 1988" are omitted as obsolete.

§44720. Meteorological services

(a) Recommendations.—The Administrator of the Federal Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary for the safe and efficient movement of aircraft in air commerce. In providing the services, the Secretary shall cooperate with the Administrator and give complete consideration to those recommendations.

(b) Promoting Safety and Efficiency.—To promote safety and efficiency in air navigation to the highest possible degree, the Secretary shall—

(1) observe, measure, investigate, and study atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance information about probable weather conditions;

(2) provide reports to the Administrator, to persons engaged in civil aeronautics that are designated by the the Administrator, and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;

(3) cooperate with persons engaged in air commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight;

(4) maintain and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation;

(5) in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air commerce, participate in developing an international basic meteorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries;

(6) coordinate meteorological requirements in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and

(7) promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental research facilities and provide for publishing the results of the projects unless publication would not be in the public interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201; Pub. L. 118–63, title XI, §1101(n), May 16, 2024, 138 Stat. 1414.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44720(a)	49 App.:1351.	Aug. 23, 1958, Pub. L. 85–726, §§310, 803, 72 Stat. 751, 783.
	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.
44720(b)	49 App.:1463.
	49 App.:1655(c)(1).

In subsection (b), the title "Secretary" [of Commerce] is substituted for "Chief of the Weather Bureau" in section 803 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). Before clause (1), the words "In order" and "in addition to any other functions or duties pertaining to weather information for other purposes" are omitted as surplus. In clause (2), the words "forecasts, warnings, and advices" are omitted as being included in "reports". In clause (3), the words "or employees thereof" and "establish and" are omitted as surplus. The words "with those persons" are added for clarity. In clause (5), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "governmental agencies of the United States" for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

2024—Subsec. (b)(2). Pub. L. 118–63 substituted "the Administrator, to persons" for "the Administrator to persons" and "the Administrator, and to" for "the Administrator and to".

Statutory Notes and Related Subsidiaries

ASOS/AWOS Service Report Dashboard

Pub. L. 118–63, title III, §332, May 16, 2024, 138 Stat. 1089, provided that:

"(a) In General.—The applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as 'ASOS/AWOS').

"(b) Availability of Results.—

"(1) In general.—In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:

"(A) The service status of all ASOS/AWOS.

"(B) Information on any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service.

"(C) A portal on such publicly available website for the public to report ASOS/AWOS outages.

"(2) Data files.—The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format.

"(c) Applicable Administrators.—In this section, the term 'applicable Administrators' means—

"(1) the Administrator of the FAA [Federal Aviation Administration]; and

"(2) the Administrator of the National Oceanic and Atmospheric Administration."

Providing Non-Federal Weather Observer Training to Airport Personnel

Pub. L. 118–63, title IV, §419, May 16, 2024, 138 Stat. 1163, provided that: "The Administrator [of the Federal Aviation Administration] may take such actions as are necessary to provide training that is easily accessible and streamlined for airport personnel to become certified as non-Federal weather observers so that such personnel can manually provide weather observations in any case in which automated surface observing systems and automated weather observing systems experience outages and errors to ensure operational safety at airports."

Improved Safety in Rural Areas

Pub. L. 115–254, div. B, title III, §322, Oct. 5, 2018, 132 Stat. 3270, as amended by Pub. L. 118–63, title III, §339(a), May 16, 2024, 138 Stat. 1093, provided that: "The Administrator [of the Federal Aviation Administration] shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate to a destination with a published approach, in a noncontiguous State under instrument flight rules and conduct an instrument approach without a destination Meteorological Aerodrome Report (METAR) if a current Area Forecast, supplemented by noncertified local weather observations (such as weather cameras and human observations) is available, and an alternate airport that has a weather report is specified. The operator shall have approved procedures for departure and en route weather evaluation."

[Pub. L. 118–63, title III, §339, May 16, 2024, 138 Stat. 1093, provided that, effective 12 months after May 16, 2024, section 322 of Pub. L. 115–254, set out above, is amended to read as follows:

["(a) In General.—The Administrator [of the Federal Aviation Administration] shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations—

["(1) to operate under instrument flight rules (in this section referred to as 'IFR') to a destination in a noncontiguous State that has a published instrument approach but does not have a Meteorological Aerodrome Report (in this section referred to as 'METAR'); and

["(2) to conduct an instrument approach at such destination if—

["(A) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival;

["(B) prior to commencing an approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and

["(C) in the event the destination weather observation is below such minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.

["(b) Application Template.—

["(1) In general.—The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA [Federal Aviation Administration] inspectors to objectively evaluate the application of an air carrier to operate in the manner described in subsection (a).

["(2) Requirements.—The template required under paragraph (1) shall include a place in such template for an air carrier to describe—

["(A) how any non-certified human observations will be conducted; and

["(B) how such observations will be communicated—

["(i) to air carriers prior to dispatch; and

["(ii) to pilots prior to approach.

["(3) Response to application.—

["(A) Timeline.—The Administrator shall ensure—

["(i) that the Administrator has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and

["(ii) in the event the Administrator cannot respond within 30 days, that the Administrator informs the air carrier of the expected response time with respect to the application of the air carrier.

["(B) Rejection.—In the event that the Administrator rejects an application of an air carrier, the Administrator shall inform the air carrier of the specific criteria that were the cause for rejection."]

[Pub. L. 118–63, title III, §339(b), May 16, 2024, 138 Stat. 1094, provided that: "The amendments made by this section [amending section 322 of Pub. L. 115–254, set out above] shall take effect on the date that is 12 months after the date of enactment of this Act [May 16, 2024]."]

Terminal Aerodrome Forecast

Pub. L. 115–254, div. B, title V, §516, Oct. 5, 2018, 132 Stat. 3358, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall permit a covered air carrier to operate to or from a location in a noncontiguous State without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report if—

"(1) such location is determined to be under visual meteorological conditions;

"(2) a current Area Forecast, supplemented by other local weather observations or reports, is available; and

"(3) an alternate airport that has an available Terminal Aerodrome Forecast and weather report is specified.

"(b) Procedures.—A covered air carrier shall—

"(1) have approved procedures for dispatch or release and enroute weather evaluation; and

"(2) operate under instrument flight rules enroute to the destination.

"(c) Limitation.—Without a written finding of necessity, based on objective and historical evidence of imminent threat to safety, the Administrator shall not promulgate any operation specification, policy, or guidance document pursuant to this section that is more restrictive than, or requires procedures that are not expressly stated in, the regulations.

"(d) Covered Air Carrier Defined.—In this section, the term 'covered air carrier' means an air carrier operating in a noncontiguous State under part 121 of title 14, Code of Federal Regulations."

Automated Weather Observing Systems Policy

Pub. L. 115–254, div. B, title V, §553, Oct. 5, 2018, 132 Stat. 3379, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall—

"(1) update automated weather observing systems standards to maximize the use of new technologies that promote the reduction of equipment or maintenance cost for non-Federal automated weather observing systems, including the use of remote monitoring and maintenance, unless demonstrated to be ineffective;

"(2) review, and if necessary update, existing policies in accordance with the standards developed under paragraph (1); and

"(3) establish a process under which appropriate onsite airport personnel or an aviation official may, with appropriate manufacturer training or alternative training as determined by the Administrator, be permitted to conduct the minimum triannual preventative maintenance checks under the advisory circular for non-Federal automated weather observing systems (AC 150/5220–16E) and any other similar, successor checks.

"(b) Permission.—Permission to conduct the minimum triannual preventative maintenance checks described under subsection (a)(3) and any similar, successor checks shall not be withheld but for specific cause.

"(c) Standards.—In updating the standards under subsection (a)(1), the Administrator shall—

"(1) ensure the standards are performance-based;

"(2) use risk analysis to determine the accuracy of the automated weather observing systems outputs required for pilots to perform safe aircraft operations; and

"(3) provide a cost-benefit analysis to determine whether the benefits outweigh the cost for any requirement not directly related to safety.

"(d) AIP Eligibility of AWOS Equipment.—

"(1) In general.—Notwithstanding any other law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for automated weather-observing system equipment under subchapter I of chapter 471, of title 49, United States Code, if—

"(A) the airport sponsor or State, as applicable, certifies that a grant for such automated weather observing systems equipment under that chapter will assist an applicable airport to respond to regional emergency needs, including medical, firefighting, and search and rescue needs;

"(B) the Secretary determines, after consultation with the airport sponsor or State, as applicable, that the placement of automated weather-observing equipment at the airport will not cause unacceptable radio frequency congestion; and

"(C) the other requirements under that chapter are met.

"(2) Applicability to low population density states.—This subsection is applicable only to airports located in states with a population density, based on the most recent decennial census, of 50 or fewer persons per square mile.

"(e) Report.—Not later than September 30, 2025, 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 implementation of the requirements under this section."

Automated Surface Observation System Stations

Pub. L. 106–181, title VII, §728, Apr. 5, 2000, 114 Stat. 168, provided that: "The Administrator [of the Federal Aviation Administration] shall not terminate human weather observers for Automated Surface Observation System stations until—

"(1) the Administrator determines that the system provides consistent reporting of changing meteorological conditions and notifies Congress in writing of that determination; and

"(2) 60 days have passed since the report was transmitted to Congress."

§44721. Aeronautical charts and related products and services

(a) Publication.—

(1) In general.—The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies, and instrumentalities of the United States Government as far as practicable.

(2) Navigation routes.—In carrying out paragraph (1), the Administrator shall update and arrange for the publication of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules.

(b) Indemnification.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use in aeronautics from any part of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or airway if the flight procedure or airway was—

(1) prescribed by the Administrator;

(2) depicted accurately on the map or chart; and

(3) not obviously defective or deficient.

(c) Authority of Office of Aeronautical Charting and Cartography.—Effective October 1, 2000, the Administrator is vested with and shall exercise the functions, powers, and duties of the Secretary of Commerce and other officers of the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts and related products and services for the safe and efficient navigation of air commerce, under the following authorities:

(1) Sections 1 through 9 of the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes", approved August 6, 1947 (33 U.S.C. 883a–883h).

(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).

(d) Authority.—In order that full public benefit may be derived from the dissemination of data resulting from activities under this section and of related data from other sources, the Administrator may—

(1) develop, process, disseminate and publish digital and analog data, information, compilations, and reports;

(2) compile, print, and disseminate aeronautical charts and related products and services of the United States and its territories and possessions;

(3) compile, print, and disseminate aeronautical charts and related products and services covering international airspace as are required primarily by United States civil aviation; and

(4) compile, print, and disseminate nonaeronautical navigational, transportation or public-safety-related products and services when in the best interests of the Government.

(e) Contracts, Cooperative Agreements, Grants, and Other Agreements.—

(1) Contracts.—The Administrator is authorized to contract with qualified organizations for the performance of any part of the authorized functions of the Office of Aeronautical Charting and Cartography when the Administrator deems such procedure to be in the public interest and will not compromise public safety.

(2) Cooperative agreements, grants, and other agreements.—The Administrator is authorized to enter into cooperative agreements, grants, reimbursable agreements, memoranda of understanding and other agreements, with a State, subdivision of a State, Federal agency, public or private organization, or individual, to carry out the purposes of this section.

(f) Special Services and Products.—

(1) In general.—The Administrator is authorized, at the request of a State, subdivision of a State, Federal agency, public or private organization, or individual, to conduct special services, including making special studies, or developing special publications or products on matters relating to navigation, transportation, or public safety.

(2) Fees.—The Administrator shall assess a fee for any special service provided under paragraph (1). A fee shall be not more than the actual or estimated full cost of the service. A fee may be reduced or waived for research organizations, educational organizations, or non-profit organizations, when the Administrator determines that reduction or waiver of the fee is in the best interest of the Government by furthering public safety.

(g) Sale and Dissemination of Aeronautical Products.—

(1) In general.—Aeronautical products created or maintained under the authority of this section shall be sold at prices established annually by the Administrator consistent with the following:

(A) Maximum price.—Subject to subparagraph (B), the price of an aeronautical product sold to the public shall be not more than necessary to recover all costs attributable to: (i) data base management and processing; (ii) compilation; (iii) printing or other types of reproduction; and (iv) dissemination of the product.

(B) Adjustment of price.—The Administrator shall adjust the price of an aeronautical product and service sold to the public as necessary to avoid any adverse impact on aviation safety attributable to the price specified under this paragraph.

(C) Costs attributable to acquisition of aeronautical data.—A price established under this paragraph may not include costs attributable to the acquisition of aeronautical data.

(D) Continuation of prices.—The price of any product created under subsection (d) may correspond to the price of a comparable product produced by a department of the United States Government as that price was in effect on September 30, 2000, and may remain in effect until modified by regulation under section 9701 of title 31, United States Code.

(2) Publication of prices.—The Administrator shall publish annually the prices at which aeronautical products are sold to the public.

(3) Distribution.—The Administrator may distribute aeronautical products and provide aeronautical services—

(A) without charge to each foreign government or international organization with which the Administrator or a Federal department or agency has an agreement for exchange of these products or services without cost;

(B) at prices the Administrator establishes, to the departments and officers of the United States requiring them for official use; and

(C) at reduced or no charge where, in the judgment of the Administrator, furnishing the aeronautical product or service to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to the activities under this section.

(4) Fees.—The fees provided for in this subsection are for the purpose of reimbursing the Government for the costs of creating, printing and disseminating aeronautical products and services under this section. The collection of fees authorized by this section does not alter or expand any duty or liability of the Government under existing law for the performance of functions for which fees are collected, nor does the collection of fees constitute an express or implied undertaking by the Government to perform any activity in a certain manner.

(5) Crediting amounts received.—Notwithstanding any other provision of law, amounts received for the sale of products created and services performed under this section shall be fully credited to the account of the Federal Aviation Administration that funded the provision of the products or services and shall remain available until expended.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202; Pub. L. 106–181, title VI, §603(a), Apr. 5, 2000, 114 Stat. 150; Pub. L. 106–424, §17(a), Nov. 1, 2000, 114 Stat. 1888; Pub. L. 118–63, title XI, §1101(o), May 16, 2024, 138 Stat. 1414.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44721(a)(1)	49 App.:1348(b) (1st sentence cl. (3)).	Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st sentence cl. (3)), 72 Stat. 750.
	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.
44721(a)(2)	49 App.:1348(b) (3d, last sentences).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 749, §307(b) (3d, last sentences); added Oct. 31, 1992, Pub. L. 102–581, §125, 106 Stat. 4885.
44721(b)	49 App.:1519.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1118; added Dec. 19, 1985, Pub. L. 99–190, §328(a), 99 Stat. 1289.

In subsection (a)(1), the word "Administrator" in section 307(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). The words "within the limits of available appropriations made by the Congress" are omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "existing agencies of the Government" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), before clause (1), the words "Notwithstanding the provisions of section 1341 of title 31 or any other provision of law" are omitted as surplus.

Editorial Notes

References in Text

Sections 1 through 9 of the Act entitled "An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes", approved August 6, 1947, referred to in subsec. (c)(1), are classified to sections 883a to 883i of Title 33, Navigation and Navigable Waters. Section 883g of Title 33 was repealed by Pub. L. 88–611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991.

Amendments

2024—Subsec. (c)(1). Pub. L. 118–63 struck out comma after "August 6, 1947".

2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:

"(a) Publication.—(1) The Administrator of the Federal Aviation Administration may arrange for the publication of aeronautical maps and charts necessary for the safe and efficient movement of aircraft in air navigation, using the facilities and assistance of departments, agencies, and instrumentalities of the United States Government as far as practicable.

"(2) In carrying out paragraph (1) of this subsection, the Administrator shall update and arrange for the publication of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules.

"(b) Indemnification.—The Government shall make an agreement to indemnify any person that publishes a map or chart for use in aeronautics from any part of a claim arising out of the depiction by the person on the map or chart of a defective or deficient flight procedure or airway if the flight procedure or airway was—

"(1) prescribed by the Administrator;

"(2) depicted accurately on the map or chart; and

"(3) not obviously defective or deficient."

Subsec. (c)(3), (4). Pub. L. 106–424, §17(a)(1), struck out pars. (3) and (4) which read as follows:

"(3) Section 1307 of title 44, United States Code.

"(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 under the heading 'National Oceanic and Atmospheric Administration' relating to aeronautical charts (44 U.S.C. 1307 note)."

Subsec. (g)(1)(D). Pub. L. 106–424, §17(a)(2), added subpar. (D).

Subsec. (g)(5). Pub. L. 106–424, §17(a)(3), added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendments

Pub. L. 106–424, §17(b), Nov. 1, 2000, 114 Stat. 1889, provided that: "The amendments made by subsection (a) [amending this section] take effect on October 1, 2000."

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.

Savings Provision

Pub. L. 106–181, title VI, §604, Apr. 5, 2000, 114 Stat. 152, provided that:

"(a) Continued Effectiveness of Directives.—All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, privileges, and financial assistance that—

"(1) have been issued, made, granted, or allowed to become effective by the President of the United States, the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this title [amending this section, sections 883b and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under this section]; and

"(2) are in effect on the date of transfer,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President of the United States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or by operation of law.

"(b) Continued Effectiveness of Pending Actions.—

"(1) In general.—The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the date of transfer before the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of such Department or Administration, with respect to functions transferred by this title, but such proceedings or applications, to the extent that they relate to functions transferred, shall be continued in accord with transition guidelines promulgated by the Administrator of the Federal Aviation Administration under the authority of this section. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator of the Federal Aviation Administration, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted.

"(2) Transition guidelines.—The Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Federal Aviation Administration are authorized to issue transition guidelines providing for the orderly transfer of proceedings and otherwise to accomplish the orderly transfer of functions, personnel and property under this title.

"(c) Continued Effectiveness of Judicial Actions.—No cause of action by or against the Department of Commerce or the National Oceanic and Atmospheric Administration with respect to functions transferred by this title, or by or against any officer thereof in the official's capacity, shall abate by reason of the enactment of this title. Causes of action and actions with respect to a function or office transferred by this title, or other proceedings may be asserted by or against the United States or an official of the Federal Aviation Administration, as may be appropriate, and, in an action pending when this title takes effect, the court may at any time, on its own motion or that of any party, enter an order that will give effect to the provisions of this subsection.

"(d) Substitution or Addition of Parties to Judicial Actions.—If, on the date of transfer, the Department of Commerce or the National Oceanic and Atmospheric Administration, or any officer of the Department or Administration in an official capacity, is a party to an action, and under this title any function relating to the action of the Department, Administration, or officer is transferred to the Federal Aviation Administration, then such action shall be continued with the Administrator of the Federal Aviation Administration substituted or added as a party.

"(e) Continued Jurisdiction Over Actions Transferred.—Orders and actions of the Administrator of the Federal Aviation Administration in the exercise of functions transferred by this title shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Department of Commerce or the National Oceanic and Atmospheric Administration, or any office or officer of such Department or Administration, in the exercise of such functions immediately preceding their transfer.

"(f) Liabilities and Obligations.—The Administrator of the Federal Aviation Administration shall assume all liabilities and obligations (tangible and incorporeal, present and executory) associated with the functions transferred under this title on the date of transfer, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, financial assistance, and litigation relating to such obligations, regardless whether judgment has been entered, damages awarded, or appeal taken."

Transfer of Functions

Pub. L. 106–181, title VI, §601, Apr. 5, 2000, 114 Stat. 149, provided that: "Effective October 1, 2000, there are transferred to the Federal Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other officers of the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography and are set forth in section 44721 of title 49, United States Code."

Transfer of Office, Personnel, and Funds

Pub. L. 106–181, title VI, §602, Apr. 5, 2000, 114 Stat. 149, provided that:

"(a) Transfer of Office.—Effective October 1, 2000, the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration, Department of Commerce, is transferred to the Federal Aviation Administration.

"(b) Other Transfers.—Effective October 1, 2000, the personnel employed in connection with, and the assets, liabilities, contracts, property, equipment, facilities, records, and unexpended balance of appropriations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the function and offices, or portions of offices, transferred by this title [amending this section, sections 883b and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under this section], including all Senior Executive Service positions, subject to section 1531 of title 31, United States Code, are transferred to the Administrator of the Federal Aviation Administration for appropriate allocation. Personnel employed in connection with functions transferred by this title transfer under any applicable law and regulation relating to transfer of functions. Unexpended funds transferred under this section shall be used only for the purposes for which the funds were originally authorized and appropriated, except that funds may be used for expenses associated with the transfer authorized by this title."

Procurement of Private Enterprise Mapping, Charting, and Geographic Information Systems

Pub. L. 106–181, title VI, §607, Apr. 5, 2000, 114 Stat. 154, provided that: "The Administrator [of the Federal Aviation Administration] shall consider procuring mapping, charting, and geographic information systems necessary to carry out the duties of the Administrator under title 49, United States Code, from private enterprises, if the Administrator determines that such procurement furthers the mission of the Federal Aviation Administration and is cost effective."

§44722. Aircraft operations in winter conditions

The Administrator of the Federal Aviation Administration shall prescribe regulations requiring procedures to improve safety of aircraft operations during winter conditions. In deciding on the procedures to be required, the Administrator shall consider at least aircraft and air traffic control modifications, the availability of different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes within which deicing must occur under certain types of inclement weather.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44722	49:1421 (note).	Oct. 31, 1992, Pub. L. 102–581, §124, 106 Stat. 4885.

The words "Before November 1, 1992" are omitted as obsolete. The words "prescribe regulations requiring" are substituted for "require, by regulation", and the words "other factors the Administrator considers appropriate" are substituted for "among other things", for consistency in the revised title.

§44723. Annual report

Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the safety enforcement activities of the Federal Aviation Administration during the fiscal year ending the prior September 30th. The report shall include—

(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;

(2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified;

(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors by work force categories, who have received all mandatory training;

(4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work programs ensure compliance with appropriate regulations and safe operating practices;

(5) a comparison of actual inspections performed during the fiscal year to the annual work programs by field location and, for any field location completing less than 80 percent of its planned number of inspections, an explanation of why annual work program plans were not met;

(6) a statement of the adequacy of Administration internal management controls available to ensure that field managers comply with Administration policies and procedures, including those on inspector priorities, district office coordination, minimum inspection standards, and inspection followup;

(7) the status of efforts made by the Administration to update inspector guidance documents and regulations to include technological, management, and structural changes taking place in the aviation industry, including a listing of the backlog of all proposed regulatory amendments;

(8) a list of the specific operational measures of effectiveness used to evaluate—

(A) the progress in meeting program objectives;

(B) the quality of program delivery; and

(C) the nature of emerging safety problems;

(9) a schedule showing the number of civil penalty cases closed during the 2 prior fiscal years, including the total initial and final penalties imposed, the total number of dollars collected, the range of dollar amounts collected, the average case processing time, and the range of case processing time;

(10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years, including the total number of violations cited, and the number of cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and

(11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, including—

(A) the number of inspections performed when deficiencies were identified compared with inspections when no deficiencies were found;

(B) the frequency of safety deficiencies for each air carrier; and

(C) an analysis based on data of the general status of air carrier and general aviation compliance with aviation regulations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44723	49:308 (note).	Dec. 22, 1987, Pub. L. 100–202, §317(a), 101 Stat. 1329–380.
		Sept. 30, 1988, Pub. L. 100–457, §317(a), 102 Stat. 2148.

In clauses (4) and (7), the word "regulations" is substituted for "Federal regulations" for consistency in the revised title.

In clause (5), the words "by field location" are substituted for "disaggregated to the field locations" for clarity.

In clause (8), before subclause (A), the words " 'best proxies' standing between the ultimate goal of accident prevention and ongoing program activities" are omitted as surplus.

In clause (9), the words "penalties imposed" are substituted for "assessments" for consistency in the revised title and with other titles of the United States Code.

In clause (11)(C), the words "aviation regulations" are substituted for "Federal Aviation Regulations" for consistency in the revised title.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 22nd item on page 132 and the 10th item on page 135 of House Document No. 103–7.

§44724. Manipulation of flight controls

(a) Prohibition.—No pilot in command of an aircraft may allow an individual who does not hold—

(1) a valid private pilots certificate issued by the Administrator of the Federal Aviation Administration under part 61 of title 14, Code of Federal Regulations; and

(2) the appropriate medical certificate issued by the Administrator under part 67 of such title,

to manipulate the controls of an aircraft if the pilot knows or should have known that the individual is attempting to set a record or engage in an aeronautical competition or aeronautical feat, as defined by the Administrator.

(b) Revocation of Airmen Certificates.—The Administrator shall issue an order revoking a certificate issued to an airman under section 44703 of this title if the Administrator finds that while acting as a pilot in command of an aircraft, the airman has permitted another individual to manipulate the controls of the aircraft in violation of subsection (a).

(c) Pilot in Command Defined.—In this section, the term "pilot in command" has the meaning given such term by section 1.1 of title 14, Code of Federal Regulations.

(Added Pub. L. 104–264, title VI, §602(a)(1), Oct. 9, 1996, 110 Stat. 3263.)

Statutory Notes and Related Subsidiaries

Effective Date

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

§44725. Life-limited aircraft parts

(a) In General.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. The rulemaking proceeding shall ensure that the disposition deter installation on an aircraft of a life-limited part that has reached or exceeded its life limits.

(b) Safe Disposition.—For the purposes of this section, safe disposition includes any of the following methods:

(1) The part may be segregated under circumstances that preclude its installation on an aircraft.

(2) The part may be permanently marked to indicate its used life status.

(3) The part may be destroyed in any manner calculated to prevent reinstallation in an aircraft.

(4) The part may be marked, if practicable, to include the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.

(5) Any other method approved by the Administrator.

(c) Deadlines.—In conducting the rulemaking proceeding under subsection (a), the Administrator shall—

(1) not later than 180 days after the date of the enactment of this section, issue a notice of proposed rulemaking; and

(2) not later than 180 days after the close of the comment period on the proposed rule, issue a final rule.

(d) Prior-Removed Life-Limited Parts.—No rule issued under subsection (a) shall require the marking of parts removed from aircraft before the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.

(Added Pub. L. 106–181, title V, §504(a), Apr. 5, 2000, 114 Stat. 134.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (c)(1), 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.

§44726. Denial and revocation of certificate for counterfeit parts violations

(a) Denial of Certificate.—

(1) In general.—Except as provided in paragraph (2) of this subsection and subsection (e)(2), the Administrator of the Federal Aviation Administration may not issue a certificate under this chapter to any person—

(A) convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material;

(B) whose certificate is revoked under subsection (b); or

(C) subject to a controlling or ownership interest of an individual described in subparagraph (A) or (B).

(2) Exception.—Notwithstanding paragraph (1), the Administrator may issue a certificate under this chapter to a person described in paragraph (1) if issuance of the certificate will facilitate law enforcement efforts.

(b) Revocation of Certificate.—

(1) In general.—Except as provided in subsections (f) and (g), the Administrator shall issue an order revoking a certificate issued under this chapter if the Administrator finds that the holder of the certificate or an individual who has a controlling or ownership interest in the holder—

(A) was convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or

(B) knowingly, and with the intent to defraud, carried out or facilitated an activity punishable under a law described in paragraph (1)(A).

(2) No authority to review violation.—In carrying out paragraph (1), the Administrator may not review whether a person violated a law described in paragraph (1)(A).

(c) Notice Requirement.—Before the Administrator revokes a certificate under subsection (b), the Administrator shall—

(1) advise the holder of the certificate of the reason for the revocation; and

(2) provide the holder of the certificate an opportunity to be heard on why the certificate should not be revoked.

(d) Appeal.—The provisions of section 44710(d) apply to the appeal of a revocation order under subsection (b). For the purpose of applying that section to the appeal, "person" shall be substituted for "individual" each place it appears.

(e) Acquittal or Reversal.—

(1) In general.—The Administrator may not revoke, and the National Transportation Safety Board may not affirm a revocation of, a certificate under subsection (b)(1)(B) if the holder of the certificate or the individual referred to in subsection (b)(1) is acquitted of all charges directly related to the violation.

(2) Reissuance.—The Administrator may reissue a certificate revoked under subsection (b) of this section to the former holder if—

(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and

(B)(i) the former holder or the individual referred to in subsection (b)(1), is acquitted of all charges related to the violation on which the revocation was based; or

(ii) the conviction of the former holder or such individual of the violation on which the revocation was based is reversed.

(f) Waiver.—The Administrator may waive revocation of a certificate under subsection (b) if—

(1) a law enforcement official of the United States Government requests a waiver; and

(2) the waiver will facilitate law enforcement efforts.

(g) Amendment of Certificate.—If the holder of a certificate issued under this chapter is other than an individual and the Administrator finds that—

(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be revoked under this section or knowingly, and with intent to defraud, carried out or facilitated an activity punishable under such a law; and

(2) the holder satisfies the requirements for the certificate without regard to that individual,

then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a controlling or ownership interest in the holder. A decision by the Administrator under this subsection is not reviewable by the Board.

(Added Pub. L. 106–181, title V, §505(a)(1), Apr. 5, 2000, 114 Stat. 134; amended Pub. L. 108–176, title V, §501, Dec. 12, 2003, 117 Stat. 2556.)

Editorial Notes

Amendments

2003—Subsec. (a)(1). Pub. L. 108–176 struck out "or" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted "described in subparagraph (A) or (B)" for "convicted of such a violation".

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

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.

§44727. Runway safety areas

(a) Airports in Alaska.—An airport owner or operator in the State of Alaska shall not be required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in order to meet standards of the Federal Aviation Administration applicable to runway safety areas.

(b) Study.—

(1) In general.—The Secretary shall conduct a study of runways at airports in States other than Alaska to determine which airports are affected by standards of the Federal Aviation Administration applicable to runway safety areas and to assess how operations at those airports would be affected if the owner or operator of the airport is required to reduce the length of a runway or declare the length of a runway to be less than the actual pavement length in order to meet such standards.

(2) Report.—Not later than 9 months after the date of enactment of this section, the Secretary 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 containing the results of the study.

(Added Pub. L. 108–176, title V, §502(a), Dec. 12, 2003, 117 Stat. 2557.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

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.

§44728. Flight attendant certification

(a) Certificate Required.—

(1) In general.—No person may serve as a flight attendant aboard an aircraft of an air carrier unless that person holds a certificate of demonstrated proficiency from the Administrator of the Federal Aviation Administration. Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board or another Federal agency, a person who holds such a certificate shall present the certificate for inspection within a reasonable period of time after the date of the request.

(2) Special rule for current flight attendants.—An individual serving as a flight attendant on the effective date of this section may continue to serve aboard an aircraft as a flight attendant until completion by that individual of the required recurrent or requalification training and subsequent certification under this section.

(3) Treatment of flight attendant after notification.—On the date that the Administrator is notified by an air carrier that an individual has the demonstrated proficiency to be a flight attendant, the individual shall be treated for purposes of this section as holding a certificate issued under the section.

(b) Issuance of Certificate.—The Administrator shall issue a certificate of demonstrated proficiency under this section to an individual after the Administrator is notified by the air carrier that the individual has successfully completed all the training requirements for flight attendants approved by the Administrator.

(c) Designation of Person To Determine Successful Completion of Training.—In accordance with part 183 of title 14, Code of Federal Regulations, the director of operations of an air carrier is designated to determine that an individual has successfully completed the training requirements approved by the Administrator for such individual to serve as a flight attendant.

(d) Specifications Relating to Certificates.—Each certificate issued under this section shall—

(1) be numbered and recorded by the Administrator;

(2) contain the name, address, and description of the individual to whom the certificate is issued;

(3) be similar in size and appearance to certificates issued to airmen;

(4) contain the airplane group for which the certificate is issued; and

(5) be issued not later than 120 days after the Administrator receives notification from the air carrier of demonstrated proficiency and, in the case of an individual serving as flight attendant on the effective date of this section, not later than 1 year after such effective date.

(e) Approval of Training Programs.—Air carrier flight attendant training programs shall be subject to approval by the Administrator. All flight attendant training programs approved by the Administrator in the 1-year period ending on the date of enactment of this section shall be treated as providing a demonstrated proficiency for purposes of meeting the certification requirements of this section.

(f) Minimum Language Skills.—

(1) In general.—No person may serve as a flight attendant aboard an aircraft of an air carrier, unless that person has demonstrated to an individual qualified to determine proficiency the ability to read, speak, and write English well enough to—

(A) read material written in English and comprehend the information;

(B) speak and understand English sufficiently to provide direction to, and understand and answer questions from, English-speaking individuals;

(C) write incident reports and statements and log entries and statements; and

(D) carry out written and oral instructions regarding the proper performance of their duties.

(2) Foreign flights.—The requirements of paragraph (1) do not apply to a flight attendant serving solely between points outside the United States.

(g) Flight Attendant Defined.—In this section, the term "flight attendant" means an individual working as a flight attendant in the cabin of an aircraft that has 20 or more seats and is being used by an air carrier to provide air transportation.

(Added Pub. L. 108–176, title VIII, §814(a), Dec. 12, 2003, 117 Stat. 2590; amended Pub. L. 112–95, title III, §304(a), Feb. 14, 2012, 126 Stat. 58; Pub. L. 115–254, div. B, title V, §539(i), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 118–63, title XI, §1101(p), May 16, 2024, 138 Stat. 1414.)

Editorial Notes

References in Text

For effective date of this section, referred to in subsecs. (a)(2) and (d)(5), see Effective Date note below.

The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.

Amendments

2024—Subsec. (c). Pub. L. 118–63 substituted "Regulations," for "Regulation,".

2018—Subsec. (c). Pub. L. 115–254, §539(i)(1), substituted "title 14" for "chapter 14".

Subsec. (d)(3). Pub. L. 115–254, §539(i)(2), substituted "be" for "is".

2012—Subsecs. (f), (g). Pub. L. 112–95 added subsec. (f) and redesignated former subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–176, title VIII, §814(c), Dec. 12, 2003, 117 Stat. 2592, provided that: "The amendments made by subsections (a) and (b) [enacting this section and amending the analysis to this chapter] shall take effect on the 365th day following the date of enactment of this Act [Dec. 12, 2003]."

Facilitation

Pub. L. 112–95, title III, §304(b), Feb. 14, 2012, 126 Stat. 58, provided that: "The Administrator of the Federal Aviation Administration shall work with air carriers to facilitate compliance with the requirements of section 44728(f) of title 49, United States Code (as amended by this section)."

§44729. Age standards for pilots

(a) In General.—Subject to the limitation in subsection (c), a pilot may serve in multicrew covered operations described in subsection (b)(1) until attaining 65 years of age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—

(1) shall take effect 1 year after the date of delivery of written notice of the election; and

(2) may not be terminated after the date on which such election takes effect by the air carrier.

(b) Covered Operations Defined.—In this section, the term "covered operations" means—

(1) operations under part 121 of title 14, Code of Federal Regulations; or

(2) operations by a person that—

(A) holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title;

(B) holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and

(C) performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year.

(c) Limitation for International Flights.—

(1) Applicability of icao standard.—A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.

(2) Sunset of limitation.—Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60.

(d) Sunset of Age 60 Retirement Rule.—On and after the date of enactment of this section, section 121.383(c) of title 14, Code of Federal Regulations, shall cease to be effective.

(e) Applicability.—

(1) Nonretroactivity.—No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless—

(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or

(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.

(2) Protection for compliance.—An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect before such date of enactment), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality.

(f) Amendments to Labor Agreements and Benefit Plans.—Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.

(g) Medical Standards and Records.—

(1) Medical examinations and standards.—Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.

(2) Duration of first-class medical certificate.—No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate.

(h) Safety.—

(1) Training.—Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure continued acceptable levels of pilot skill and judgment.

(2) GAO report.—Not later than 24 months after the date of enactment of this section, the Comptroller General shall submit 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 concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).

(Added Pub. L. 110–135, §2(a), Dec. 13, 2007, 121 Stat. 1450; amended Pub. L. 112–95, title III, §305, Feb. 14, 2012, 126 Stat. 58; Pub. L. 117–328, div. Q, §107(a), (b), Dec. 29, 2022, 136 Stat. 5257, 5258.)

Editorial Notes

References in Text

The date of enactment of this section and such date of enactment, referred to in subsecs. (d), (e), (g)(1) and (h)(2), is the date of enactment of Pub. L. 110–135, which was approved Dec. 13, 2007.

Amendments

2022—Subsec. (a). Pub. L. 117–328, §107(a), substituted "covered operations described in subsection (b)(1) until attaining 65 years of age. Air carriers that employ pilots who serve in covered operations described in subsection (b)(2) may elect to implement an age restriction to prohibit employed pilots from serving in such covered operations after attaining 70 years of age by delivering written notice to the Administrator of the Federal Aviation Administration. Such election—" and pars. (1) and (2) for "covered operations until attaining 65 years of age."

Subsec. (b). Pub. L. 117–328, §107(b), substituted "means—" and pars. (1) and (2) for "means operations under part 121 of title 14, Code of Federal Regulations."

2012—Subsec. (h)(2), (3). Pub. L. 112–95 redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this paragraph of a pilot serving as second-in-command if the pilot has undergone a regularly scheduled simulator evaluation during that period."

Statutory Notes and Related Subsidiaries

Protection for Compliance

Pub. L. 117–328, div. Q, §107(c), Dec. 29, 2022, 136 Stat. 5258, provided that: "An action or election taken in conformance with the amendments made by this section [amending this section], or taken in conformance with a regulation issued to carry out the amendments made by this section, may not serve as a basis for liability or relief in a proceeding brought under any employment law or regulation before any court or agency of the United States or of any State or locality."

§44730. Helicopter air ambulance operations

(a) Compliance Regulations.—

(1) In general.—Except as provided in paragraph (2), a part 135 certificate holder providing air ambulance services shall comply, whenever medical personnel are onboard the aircraft, with regulations pertaining to weather minimums and flight and duty time under part 135.

(2) Exception.—If a certificate holder described in paragraph (1) is operating, or carrying out training, under instrument flight rules, the weather reporting requirement at the destination shall not apply if authorized by the Administrator of the Federal Aviation Administration.

(b) Final Rule.—Not later than June 1, 2012, the Administrator shall issue a final rule, with respect to the notice of proposed rulemaking published in the Federal Register on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing air ambulance services under part 135.

(c) Matters To Be Addressed.—In conducting the rulemaking proceeding under subsection (b), the Administrator shall consider, or address through other means, the following:

(1) Flight request and dispatch procedures, including performance-based flight dispatch procedures.

(2) Pilot training standards, including establishment of training standards in—

(A) preventing controlled flight into terrain; and

(B) recovery from inadvertent flight into instrument meteorological conditions.

(3) Safety-enhancing technology and equipment, including—

(A) helicopter terrain awareness and warning systems;

(B) radar altimeters; and

(C) devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible.

(4) Such other matters as the Administrator considers appropriate.

(d) Minimum Requirements.—In issuing a final rule under subsection (b), the Administrator, at a minimum, shall consider, or address through other means, the following:

(1) Flight risk evaluation program.—The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

(A) establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;

(B) as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and

(C) requires the pilots of the certificate holder to use the checklist.

(2) Operational control center.—The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.

(e) Subsequent Actions.—

(1) In general.—Upon completion of the rulemaking required under subsection (b), the Administrator shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:

(A) Pilot training standards, including—

(i) mandatory training requirements, including a minimum time for completing the training requirements;

(ii) training subject areas, such as communications procedures and appropriate technology use; and

(iii) establishment of training standards in—

(I) crew resource management;

(II) flight risk evaluation;

(III) operational control of the pilot in command; and

(IV) use of flight simulation training devices and line-oriented flight training.

(B) Use of safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.

(2) Limitation on construction.—Nothing in this subsection shall be construed to require the Administrator to propose or finalize any rule that would derogate or supersede the rule required to be finalized under subsection (b).

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

(1) Part 135.—The term "part 135" means part 135 of title 14, Code of Federal Regulations.

(2) Part 135 certificate holder.—The term "part 135 certificate holder" means a person holding an operating certificate issued under part 119 of title 14, Code of Federal Regulations, that is authorized to conduct civil helicopter air ambulance operations under part 135.

(Added Pub. L. 112–95, title III, §306(a), Feb. 14, 2012, 126 Stat. 58; amended Pub. L. 118–63, title III, §301(a), May 16, 2024, 138 Stat. 1066.)

Editorial Notes

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, §301(a)(1), struck out "not later than 180 days after the date of enactment of this section," after "paragraph (2),".

Subsec. (c). Pub. L. 118–63, §301(a)(2), substituted "consider, or address through other means, the following" for "address the following" in introductory provisions.

Subsec. (d). Pub. L. 118–63, §301(a)(3), substituted "consider, or address through other means, the following" for "provide for the following" in introductory provisions.

Subsec. (e). Pub. L. 118–63, §301(a)(4)(A), substituted "Subsequent Actions" for "Subsequent Rulemaking" in heading.

Subsec. (e)(1). Pub. L. 118–63, §301(a)(4)(B), substituted "shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:" for "shall conduct a follow-on rulemaking to address the following:" in introductory provisions.

Subsec. (e)(2), (3). Pub. L. 118–63, §301(a)(4)(C), (D), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "Not later than 180 days after the date of issuance of a final rule under subsection (b), the Administrator shall initiate the rulemaking under this subsection."

§44731. Collection of data on helicopter air ambulance operations

(a) In General.—The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance services to submit to the Administrator, annually, a report containing, at a minimum, the following data:

(1) The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.

(2) The number of hours flown by the helicopters operated by the certificate holder.

(3) The number of patients transported and the number of patient transport requests for a helicopter providing air ambulance services that were accepted or declined by the certificate holder and the type of each such flight request (such as scene response, interfacility transport, or organ transport).

(4) The number of accidents, if any, involving helicopters operated by the certificate holder while providing air ambulance services and a description of the accidents.

(5) The number of hours flown under instrument flight rules by helicopters operated by the certificate holder.

(6) The number of hours flown at night by helicopters operated by the certificate holder.

(7) The number of incidents, if any, in which a helicopter was not directly dispatched and arrived to transport patients but was not utilized for patient transport.

(b) Reporting Period.—Data contained in a report submitted by a part 135 certificate holder under subsection (a) shall relate to such reporting period as the Administrator determines appropriate.

(c) Database.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a method to collect and store the data collected under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section.

(d) Implementation.—In carrying out this section, the Administrator, in collaboration with part 135 certificate holders providing helicopter air ambulance services, shall—

(1) propose and develop a method to collect and store the data submitted under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information submitted;

(2) make publicly available, in part or in whole, on a website of the Federal Aviation Administration, the database developed pursuant to subsection (c); and

(3) analyze the data submitted under subsection (a) periodically and use such data to inform efforts to improve the safety of helicopter air ambulance operations.

(e) Definitions.—In this section, the terms "part 135" and "part 135 certificate holder" have the meanings given such terms in section 44730.

(Added Pub. L. 112–95, title III, §306(a), Feb. 14, 2012, 126 Stat. 60; amended Pub. L. 115–254, div. B, title III, §314(d), Oct. 5, 2018, 132 Stat. 3266; Pub. L. 118–63, title III, §301(c), May 16, 2024, 138 Stat. 1066.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Amendments

2024—Subsec. (d). Pub. L. 118–63, §301(c)(1), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment text of subsec. (d) read as follows: "The Administrator 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 a summary of the data collected under subsection (a). The report shall include the number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance services."

Subsec. (e). Pub. L. 118–63, §301(c)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (e)(2), (3). Pub. L. 118–63, §301(c)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: "ensure that the database under subsection (c) and the report under subsection (d) include data and analysis that will best inform efforts to improve the safety of helicopter air ambulance operations."

Subsec. (f). Pub. L. 118–63, §301(c)(3), redesignated subsec. (f) as (e).

2018—Subsec. (a). Pub. L. 115–254, §314(d)(1)(A), substituted "annually" for "not later than 1 year after the date of enactment of this section, and annually thereafter" in introductory provisions.

Subsec. (a)(2). Pub. L. 115–254, §314(d)(1)(B), substituted "hours flown by the helicopters operated by the certificate holder" for "flights and hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance services".

Subsec. (a)(3). Pub. L. 115–254, §314(d)(1)(C), substituted "of patients transported and the number of patient transport" for "of flight", inserted "or" after "interfacility transport,", and struck out ", or ferry or repositioning flight" after "organ transport".

Subsec. (a)(5). Pub. L. 115–254, §314(d)(1)(D), struck out "flights and" after "The number of" and "while providing air ambulance services" before period at end.

Subsec. (a)(6). Pub. L. 115–254, §314(d)(1)(E), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The time of day of each flight flown by helicopters operated by the certificate holder while providing air ambulance services."

Subsec. (d). Pub. L. 115–254, §314(d)(2), substituted "The Administrator shall submit annually" for "Not later than 2 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit" and inserted at end "The report shall include the number of accidents experienced by helicopter air ambulance operations, the number of fatal accidents experienced by helicopter air ambulance operations, and the rate, per 100,000 flight hours, of accidents and fatal accidents experienced by operators providing helicopter air ambulance services."

Subsecs. (e), (f). Pub. L. 115–254, §314(d)(3), (4), added subsec. (e) and redesignated former subsec. (e) as (f).

Statutory Notes and Related Subsidiaries

Helicopter Air Ambulance Operations Data and Reports

Pub. L. 115–254, div. B, title III, §314(a)–(c), Oct. 5, 2018, 132 Stat. 3265, 3266, 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], in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of information to the general public related to the location of heliports and helipads used by helicopters providing air ambulance services, including helipads and helipads outside of those listed as part of any existing databases of Airport Master Record (5010) forms.

"(b) Requirements.—Based on the assessment under subsection (a), the Administrator shall—

"(1) update, as necessary, any existing guidance on what information is included in the current databases of Airport Master Record (5010) forms to include information related to heliports and helipads used by helicopters providing air ambulance services; or

"(2) develop, as appropriate and in collaboration with helicopter air ambulance industry stakeholders, a new database of heliports and helipads used by helicopters providing air ambulance services.

"(c) Reports.—

"(1) Assessment report.—Not later than 30 days after the date the assessment under subsection (a) is complete, 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 assessment, including any recommendations on how to make information related to the location of heliports and helipads used by helicopters providing air ambulance services available to the general public.

"(2) Implementation report.—Not later than 30 days after completing action under paragraph (1) or paragraph (2) of subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on such action."

§44732. Prohibition on personal use of electronic devices on flight deck

(a) In General.—It is unlawful for a flight crewmember of an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, to use a personal wireless communications device or laptop computer while at the flight crewmember's duty station on the flight deck of such an aircraft while the aircraft is being operated.

(b) Exceptions.—Subsection (a) shall not apply to the use of a personal wireless communications device or laptop computer for a purpose directly related to operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier and the Administrator of the Federal Aviation Administration.

(c) Enforcement.—In addition to the penalties provided under section 46301 applicable to any violation of this section, the Administrator of the Federal Aviation Administration may enforce compliance with this section under section 44709 by amending, modifying, suspending, or revoking a certificate under this chapter.

(d) Personal Wireless Communications Device Defined.—In this section, the term "personal wireless communications device" means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.

(Added Pub. L. 112–95, title III, §307(a), Feb. 14, 2012, 126 Stat. 61.)

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 112–95, title III, §307(d), Feb. 14, 2012, 126 Stat. 62, provided that: "Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall initiate a rulemaking procedure for regulations to carry out section 44732 of title 49, United States Code (as added by this section), and shall issue a final rule thereunder not later than 2 years after the date of enactment of this Act."

§44733. Oversight of repair stations located outside the United States

(a) In General.—The Administrator of the Federal Aviation Administration shall establish and implement a safety assessment system for all part 145 repair stations based on the type, scope, and complexity of work being performed. The system shall—

(1) ensure that repair stations located outside the United States are subject to appropriate inspections based on identified risks and consistent with existing United States requirements;

(2) consider inspection results and findings submitted by foreign civil aviation authorities operating under a maintenance safety or maintenance implementation agreement with the United States; and

(3) require all maintenance safety or maintenance implementation agreements to provide an opportunity for the Administration to conduct independent inspections of part 145 repair stations when safety concerns warrant such inspections.

(b) Notice to Congress of Negotiations.—The Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 30 days after initiating formal negotiations with foreign aviation authorities or other appropriate foreign government agencies on a new maintenance safety or maintenance implementation agreement.

(c) Annual Report.—The Administrator shall publish an annual report on the Administration's oversight of part 145 repair stations and implementation of the safety assessment system required under subsection (a). The report shall—

(1) describe in detail any improvements in the Administration's ability to identify and track where part 121 air carrier repair work is performed;

(2) include a staffing model to determine the best placement of inspectors and the number of inspectors needed;

(3) describe the training provided to inspectors; and

(4) include an assessment of the quality of monitoring and surveillance by the Administration of work performed by its inspectors and the inspectors of foreign authorities operating under a maintenance safety or maintenance implementation agreement.

(d) Alcohol and Controlled Substances Testing Program Requirements.—

(1) In general.—The Secretary of State and the Secretary of Transportation, acting jointly, shall request the governments of foreign countries that are members of the International Civil Aviation Organization to establish international standards for alcohol and controlled substances testing of persons that perform safety-sensitive maintenance functions on commercial air carrier aircraft.

(2) Application to part 121 aircraft work.—Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate a proposed rule requiring that all part 145 repair station employees responsible for safety-sensitive maintenance functions on part 121 air carrier aircraft are subject to an alcohol and controlled substances testing program determined acceptable by the Administrator and consistent with the applicable laws of the country in which the repair station is located.

(e) Annual Inspections.—The Administrator shall ensure that part 145 repair stations located outside the United States are inspected annually, without prior notice to such repair stations, by Federal Aviation Administration safety inspectors, without regard to where the station is located, in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the repair station is located. The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.

(f) Risk-Based Oversight.—

(1) In general.—Not later than 90 days after the date of enactment of the FAA Extension, Safety, and Security Act of 2016, the Administrator shall take measures to ensure that the safety assessment system established under subsection (a)—

(A) places particular consideration on inspections of part 145 repair stations located outside the United States that conduct scheduled heavy maintenance work on part 121 air carrier aircraft; and

(B) accounts for the frequency and seriousness of any corrective actions that part 121 air carriers must implement to aircraft following such work at such repair stations.

(2) International agreements.—The Administrator shall take the measures required under paragraph (1)—

(A) in accordance with United States obligations under applicable international agreements; and

(B) in a manner consistent with the applicable laws of the country in which a repair station is located.

(3) Access to data.—The Administrator may access and review such information or data in the possession of a part 121 air carrier as the Administrator may require in carrying out paragraph (1)(B).

(g) Data Analysis.—

(1) In general.—Each fiscal year in which a part 121 air carrier has had heavy maintenance work performed on an aircraft owned or operated by such carrier, such carrier shall provide to the Administrator, not later than the end of the following fiscal year, a report containing the information described in paragraph (2).

(2) Information required.—A report under paragraph (1) shall contain the following:

(A) The location where any heavy maintenance work on aircraft was performed outside the United States.

(B) A description of the work performed at each such location.

(C) The date of completion of the work performed at each such location.

(D) A list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier not later than 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that—

(i) requires corrective action after the aircraft is approved for return to service; and

(ii) results from such work performed on such aircraft.

(E) The certificate number of the person approving such aircraft or on-wing aircraft engine for return to service following completion of the work performed at each such location.

(3) Analysis.—The Administrator shall—

(A) analyze information provided under this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions of such title, to detect safety issues associated with heavy maintenance work on aircraft performed outside the United States; and

(B) require appropriate actions by an air carrier or repair station in response to any safety issue identified by the analysis conducted under subparagraph (A).

(4) Confidentiality.—Information provided under this subsection shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.

(h) Applications and Prohibition.—

(1) In general.—The Administrator may not approve any new application under part 145 of title 14, Code of Federal Regulations, from a person located or headquartered in a country that the Administration, through the International Aviation Safety Assessment program, has classified as Category 2.

(2) Exception.—Paragraph (1) shall not apply to an application for the renewal of a certificate issued under part 145 of title 14, Code of Federal Regulations.

(3) Maintenance implementation procedures agreement.—The Administrator may elect not to enter into a new maintenance implementation procedures agreement with a country classified as Category 2, for as long as the country remains classified as Category 2.

(4) Prohibition on continued heavy maintenance work.—No part 121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country remains classified as Category 2.

(i) Minimum Qualifications for Mechanics and Others Working on U.S. Registered Aircraft.—

(1) In general.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall require that, at each covered repair station—

(A) all supervisory personnel of such station are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and

(B) all personnel of such station authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator.

(2) Available for consultation.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall require any individual who is responsible for approving an article for return to service or who is directly in charge of heavy maintenance work performed on aircraft operated by a part 121 air carrier be available for consultation while work is being performed at a covered repair station.

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

(1) Covered repair station.—The term "covered repair station" means a facility that—

(A) is located outside the United States;

(B) is a part 145 repair station; and

(C) performs heavy maintenance work on aircraft operated by a part 121 air carrier.

(2) Heavy maintenance work.—The term "heavy maintenance work" means a C-check, a D-check, or equivalent maintenance operation with respect to the airframe of a transport-category aircraft (including on-wing aircraft engines).

(3) Part 121 air carrier.—The term "part 121 air carrier" means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

(4) Part 145 repair station.—The term "part 145 repair station" means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.

(Added Pub. L. 112–95, title III, §308(a), Feb. 14, 2012, 126 Stat. 62; amended Pub. L. 114–190, title II, §2112(a), July 15, 2016, 130 Stat. 627; Pub. L. 118–63, title III, §302(a)(1), (2), May 16, 2024, 138 Stat. 1067, 1069.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

The date of enactment of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 114–190, which was approved July 15, 2016.

The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Pub. L. 118–63, §302(a)(1)(A), substituted "Oversight" for "Inspection" in section catchline.

Subsec. (a). Pub. L. 118–63, §302(a)(1)(B), substituted "The Administrator" for "Not later than 1 year after the date of enactment of this section, the Administrator" in introductory provisions.

Subsec. (a)(3). Pub. L. 118–63, §302(a)(2)(B), substituted "part 145 repair stations" for "covered part 145 repair stations".

Subsec. (e). Pub. L. 118–63, §302(a)(1)(C), inserted ", without prior notice to such repair stations," after "annually" and "and the applicable laws of the country in which the repair station is located" after "international agreements" and substituted "The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located." for "The Administrator may carry out inspections in addition to the annual inspection required under this subsection based on identified risks."

Subsecs. (g) to (i). Pub. L. 118–63, §302(a)(1)(E), added subsecs. (g) to (i). Former subsec. (g) redesignated (j).

Subsec. (j). Pub. L. 118–63, §302(a)(1)(D), redesignated subsec. (g) as (j).

Subsec. (j)(1). Pub. L. 118–63, §302(a)(2)(A)(iii), added par. (1). Former par. (1) redesignated (2).

Pub. L. 118–63, §302(a)(2)(A)(i), substituted "aircraft (including on-wing aircraft engines)" for "aircraft".

Subsec. (j)(2) to (4). Pub. L. 118–63, §302(a)(2)(A)(ii), redesignated pars. (1) to (3) as (2) to (4), respectively.

2016—Subsec. (f). Pub. L. 114–190, §2112(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 114–190, §2112(a)(3), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Pub. L. 114–190, §2112(a)(1), redesignated subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Rulemaking on Security Threat Assessment

Pub. L. 118–63, title III, §302(b)(2), (3), May 16, 2024, 138 Stat. 1069, provided that:

"(2) Rulemaking on assessment requirement.—With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator [of the Federal Aviation Administration] shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.

"(3) Definition of covered repair station.—For purposes of this subsection, the term 'covered repair station' means a facility that—

"(A) is located outside the United States;

"(B) is certificated under part 145 of title 14, Code of Federal Regulations; and

"(C) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations."

Alcohol and Controlled Substances Testing

Pub. L. 118–63, title III, §302(b)(1), May 16, 2024, 138 Stat. 1069, provided that: "Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule carrying out the requirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44733 note)."

Pub. L. 114–190, title II, §2112(b), July 15, 2016, 130 Stat. 628, provided that: "The Administrator of the Federal Aviation Administration shall ensure that—

"(1) not later than 90 days after the date of enactment of this Act [July 15, 2016], a notice of proposed rulemaking required pursuant to section 44733(d)(2) is published in the Federal Register; and

"(2) not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized."

Background Investigations

Pub. L. 114–190, title II, §2112(c), July 15, 2016, 130 Stat. 628, provided that: "Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall ensure that each employee of a repair station certificated under part 145 of title 14, Code of Federal Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre-employment background investigation sufficient to determine whether the individual presents a threat to aviation safety, in a manner that is—

"(1) determined acceptable by the Administrator;

"(2) consistent with the applicable laws of the country in which the repair station is located; and

"(3) consistent with the United States obligations under international agreements."

§44734. Training of flight attendants

(a) Training Required.—In addition to other training required under this chapter, each air carrier shall provide to flight attendants employed or contracted by such air carrier initial and annual training regarding—

(1) serving alcohol to passengers;

(2) recognizing intoxicated passengers;

(3) dealing with disruptive passengers; and

(4) recognizing and responding to potential human trafficking victims.

(b) Situational Training.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants situational training on the proper method for dealing with intoxicated passengers who act in a belligerent manner.

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

(1) Air carrier.—The term "air carrier" means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under section 44705.

(2) Flight attendant.—The term "flight attendant" has the meaning given that term in section 44728(g).

(Added Pub. L. 112–95, title III, §309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114–190, title II, §2113, July 15, 2016, 130 Stat. 628.)

Editorial Notes

Amendments

2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4).

§44735. Limitation on disclosure of safety information

(a) In General.—Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to section 552(b)(3)(B) of title 5—

(1) if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law;

(2) if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or

(3) if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system required by regulation.

(b) Applicability.—The limitation established by subsection (a) shall apply to the following:

(1) Reports, data, or other information developed under the Aviation Safety Action Program.

(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.

(3) Reports, data, or other information developed under the Line Operations Safety Audit Program.

(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator.

(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any successor program).

(c) Exception for De-identified Information.—

(1) In general.—The limitation established by subsection (a) shall not apply to a report, data, or other information if the information contained in the report, data, or other information has been de-identified.

(2) De-identified defined.—In this subsection, the term "de-identified" means the process by which all information that is likely to establish the identity of the specific persons or entities submitting reports, data, or other information is removed from the reports, data, or other information.

(d) Other Agencies.—

(1) In general.—The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.

(2) Rule of construction.—This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.

(Added Pub. L. 112–95, title III, §310(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 116–260, div. V, title I, §102(g), Dec. 27, 2020, 134 Stat. 2311; Pub. L. 118–63, title III, §305, May 16, 2024, 138 Stat. 1071.)

Editorial Notes

References in Text

Section 102(e) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (a)(2), is section 102(e) of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2310, which is set out in a note under section 44701 of this title.

Amendments

2024—Subsec. (a)(3). Pub. L. 118–63, §305(1), added par. (3).

Subsec. (d). Pub. L. 118–63, §305(2), added subsec. (d).

2020—Subsec. (a). Pub. L. 116–260 inserted "—" after "title 5", designated remaining existing provisions as par. (1), and added par. (2).

§44736. Organization designation authorizations

(a) Delegations of Functions.—

(1) In general.—Except as provided in paragraph (3), when overseeing an ODA holder, the Administrator of the FAA shall—

(A) require, based on an application submitted by the ODA holder and approved by the Administrator (or the Administrator's designee), a procedures manual that addresses all procedures and limitations regarding the functions to be performed by the ODA holder; and

(B) conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection findings.

(2) Duties of oda holders.—An ODA holder shall—

(A) perform each specified function delegated to the ODA holder in accordance with the approved procedures manual for the delegation;

(B) make the procedures manual available to each member of the appropriate ODA unit; and

(C) cooperate fully with oversight activities conducted by the Administrator in connection with the delegation.

(3) Existing oda holders.—With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection findings.

(b) ODA Office.—

(1) Establishment.—The Administrator of the FAA shall identify, within the FAA Office of Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office.

(2) Purpose.—The purpose of the ODA Office shall be to provide oversight and ensure the consistency of the FAA's audit functions under the ODA program across the FAA.

(3) Functions.—The ODA Office shall—

(A)(i) require, as appropriate, an ODA holder to establish a corrective action plan to regain authority for any retained limitations;

(ii) require, as appropriate, an ODA holder to notify the ODA Office when all corrective actions have been accomplished; and

(iii) when appropriate, make a reassessment to determine if subsequent performance in carrying out any retained limitation warrants continued retention and, if such reassessment determines performance meets objectives, lift such limitation immediately;

(B) develop a more consistent approach to audit priorities, procedures, and training under the ODA program;

(C) review, in a timely fashion, a random sample of limitations on delegated authorities under the ODA program to determine if the limitations are appropriate;

(D) ensure national consistency in the interpretation and application of the requirements of the ODA program, including any limitations, and in the performance of the ODA program;

(E) at the request of an ODA holder, review and, when appropriate, approve new limitations to ODA functions;

(F) ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator; and

(G) convene a forum not less than every 2 years between ODA holders, unit members, and other organizational representatives and relevant experts, in order to—

(i) share best practices;

(ii) instill professionalism, ethics, and personal responsibilities in unit members; and

(iii) foster open and transparent communication between Administration safety specialists, ODA holders, and unit members.

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

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

(2) ODA holder.—The term "ODA holder" means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA under section 44702(d).

(3) ODA unit.—The term "ODA unit" means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions under an ODA.

(4) Organization.—The term "organization" means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity.

(5) Organization designation authorization; oda.—The term "Organization Designation Authorization" or "ODA" means an authorization by the FAA under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA.

(d) Audits.—

(1) In general.—The Administrator shall perform a periodic audit of each ODA unit and its procedures.

(2) Duration.—An audit required under paragraph (1) shall be performed with respect to an ODA holder once every 7 years (or more frequently as determined appropriate by the Administrator).

(3) Records.—The ODA holder shall maintain, for a period to be determined by the Administrator, a record of—

(A) each audit conducted under this subsection; and

(B) any corrective actions resulting from each such audit.

(e) Federal Aviation Safety Advisors.—

(1) In general.—In the case of an ODA holder, the Administrator shall assign FAA aviation safety personnel with appropriate expertise to be advisors to the ODA unit members that are authorized to make findings of compliance on behalf of the Administrator. The advisors shall—

(A) communicate with assigned unit members on an ongoing basis to ensure that the assigned unit members are knowledgeable of relevant FAA policies and acceptable methods of compliance; and

(B) monitor the performance of the assigned unit members to ensure consistency with such policies.

(2) Applicability.—Paragraph (1) shall only apply to an ODA holder that is—

(A) a manufacturer that holds both a type and a production certificate for—

(i) transport category airplanes with a maximum takeoff gross weight greater than 150,000 pounds; or

(ii) airplanes produced and delivered to operators operating under part 121 of title 14, Code of Federal Regulations, for air carrier service under such part 121; or

(B) a manufacturer of engines for an airplane described in subparagraph (A).

(f) Communication With the FAA.—Neither the Administrator nor an ODA holder may prohibit—

(1) an ODA unit member from communicating with, or seeking the advice of, the Administrator or FAA staff; or

(2) the Administrator or FAA staff from communicating with an ODA unit member.

(g) Ethics Training Requirement for ODA Holders.—

(1) In general.—Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall review and ensure each ODA holder authorized by the Administrator under section 44702(d) has in effect a recurrent training program for all ODA unit members that covers—

(A) unit member professional obligations and responsibilities;

(B) the ODA holder's code of ethics as required to be established under section 102(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701 note);

(C) procedures for reporting safety concerns, as described in the respective approved procedures manual for the delegation;

(D) the prohibition against and reporting procedures for interference from a supervisor or other ODA member described in section 44742; and

(E) any additional information the Administrator considers relevant to maintaining ethical and professional standards across all ODA holders and unit members.

(2) FAA review.—

(A) Review of training program.—The Organization Designation Authorization Office of the Administration established under subsection (b) shall review each ODA holders' recurrent training program to ensure such program includes—

(i) all elements described in paragraph (1); and

(ii) training to instill professionalism and clear understanding among ODA unit members about the purpose of and procedures associated with safety management systems, including the provisions of the third edition of the Safety Management Manual issued by the International Civil Aviation Organization (Doc 9859) (or any successor edition).

(B) Changes to program.—Such Office may require changes to the training program considered necessary to maintain ethical and professional standards across all ODA holders and unit members.

(3) Training.—As part of the recurrent training program required under paragraph (1), not later than 60 business days after being designated as an ODA unit member, and annually thereafter, each ODA unit member shall complete the ethics training required by the ODA holder of the respective ODA unit member in order to exercise the functions delegated under the ODA.

(4) Accountability.—The Administrator shall establish such processes or requirements as are necessary to ensure compliance with paragraph (3).

(Added Pub. L. 115–254, div. B, title II, §212(a), Oct. 5, 2018, 132 Stat. 3247; amended Pub. L. 116–260, div. V, title I, §§107(b)(1), (c), 125(b), Dec. 27, 2020, 134 Stat. 2324, 2325, 2347; Pub. L. 118–63, title III, §§303, 304(a), May 16, 2024, 138 Stat. 1069, 1070.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018 and the date of enactment of this section, referred to in subsecs. (a)(3) and (b)(1), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

The date of enactment of this subsection, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Section 102(f) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (g)(1)(B), is section 102(f) of title I of div. V of Pub. L. 116–260, which is set out in a note under section 44701 of this title.

Amendments

2024—Subsec. (b)(1). Pub. L. 118–63, §303(1), substituted "The" for "Not later than 120 days after the date of enactment of this section, the".

Subsec. (b)(3)(G). Pub. L. 118–63, §303(2), added subpar. (G).

Subsec. (g). Pub. L. 118–63, §304(a), added subsec. (g).

2020—Subsec. (a)(1). Pub. L. 116–260, §107(c)(1)(A), redesignated subpar. (C) as (B) and struck out former subpars. (B) and (D) which read as follows:

"(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to 1 or more of the functions;

"(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder's capability to execute that function safely and effectively and return to full authority status."

Subsec. (a)(3). Pub. L. 116–260, §107(c)(1)(B), substituted "shall conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection findings." for "shall—" and subpars. (A) to (D) which read as follows:

"(A) at the request of the ODA holder and in an expeditious manner, approve revisions to the ODA holder's procedures manual;

"(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to one or more of the functions;

"(C) conduct regular oversight activities by inspecting the ODA holder's delegated functions and taking action based on validated inspection findings; and

"(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder's capability to execute that function safely and effectively and return to full authority status."

Subsec. (b)(3)(A). Pub. L. 116–260, §107(c)(2)(A), redesignated cls. (ii) to (iv) as (i) to (iii), respectively, in cls. (i) and (ii), inserted ", as appropriate," after "require", in cl. (iii), inserted "when appropriate," before "make a reassessment", and struck out former cl. (i) which read as follows: "at the request of an ODA holder, eliminate all limitations specified in a procedures manual in place on the day before the date of enactment of the FAA Reauthorization Act of 2018 that are low and medium risk as determined by a risk analysis using criteria established by the ODA Office and disclosed to the ODA holder, except where an ODA holder's performance warrants the retention of a specific limitation due to documented concerns about inadequate current performance in carrying out that authorized function;".

Subsec. (b)(3)(B) to (E). Pub. L. 116–260, §107(c)(2)(B), (D), redesignated subpars. (C) to (F) as (B) to (E), respectively, and struck out former subpar. (B) which read as follows: "improve FAA and ODA holder performance and ensure full utilization of the authorities delegated under the ODA program;".

Subsec. (b)(3)(F). Pub. L. 116–260, §125(b), added subpar. (F). Former subpar. (F) redesignated (E).

Pub. L. 116–260, §107(c)(2)(C), (D), inserted ", when appropriate," before "approve" and then redesignated subpar. (F) as (E).

Subsecs. (d), (e). Pub. L. 116–260, §107(b)(1), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

ODA Unit Member Annual Ethics Training Deadline

Pub. L. 118–63, title III, §304(b), May 16, 2024, 138 Stat. 1071, provided that: "An ODA unit member authorized to perform delegated functions under an ODA prior to the date of completion of an ethics training required under section 44736(g) of title 49, United States Code, shall complete such training not later than 60 days after the training program is approved by the Administrator [of the Federal Aviation Administration] pursuant to such section."

Expert Review of Organization Designation Authorizations for Transport Airplanes

Pub. L. 116–260, div. V, title I, §103, Dec. 27, 2020, 134 Stat. 2311, provided that:

"(a) Expert Review.—

"(1) Establishment.—Not later than 30 days after the date of enactment of this title [Dec. 27, 2020], the Administrator shall convene an expert panel (in this section referred to as the 'review panel') to review and make findings and recommendations on the matters listed in paragraph (2).

"(2) Contents of review.—With respect to each holder of an organization designation authorization for the design and production of transport airplanes, the review panel shall review the following:

"(A) The extent to which the holder's safety management processes promote or foster a safety culture consistent with the principles of the International Civil Aviation Organization Safety Management Manual, Fourth Edition (International Civil Aviation Organization Doc. No. 9859) or any similar successor document.

"(B) The effectiveness of measures instituted by the holder to instill, among employees and contractors of such holder that support organization designation authorization functions, a commitment to safety above all other priorities.

"(C) The holder's capability, based on the holder's organizational structures, requirements applicable to officers and employees of such holder, and safety culture, of making reasonable and appropriate decisions regarding functions delegated to the holder pursuant to the organization designation authorization.

"(D) Any other matter determined by the Administrator for which inclusion in the review would be consistent with the public interest in aviation safety.

"(3) Composition of review panel.—The review panel shall consist of—

"(A) 2 representatives of the National Aeronautics and Space Administration;

"(B) 2 employees of the Administration's Aircraft Certification Service with experience conducting oversight of persons not involved in the design or production of transport airplanes;

"(C) 1 employee of the Administration's Aircraft Certification Service with experience conducting oversight of persons involved in the design or production of transport airplanes;

"(D) 2 employees of the Administration's Flight Standards Service with experience in oversight of safety management systems;

"(E) 1 appropriately qualified representative, designated by the applicable represented organization, of each of—

"(i) a labor union representing airline pilots involved in both passenger and all-cargo operations;

"(ii) a labor union, not selected under clause (i), representing airline pilots with expertise in the matters described in paragraph (2);

"(iii) a labor union representing employees engaged in the assembly of transport airplanes;

"(iv) the certified bargaining representative under section 7111 of title 5, United States Code, for field engineers engaged in the audit or oversight of an organization designation authorization within the Aircraft Certification Service of the Administration;

"(v) the certified bargaining representative for safety inspectors of the Administration; and

"(vi) a labor union representing employees engaged in the design of transport airplanes;

"(F) 2 independent experts who have not served as a political appointee in the Administration and—

"(i) who hold either a baccalaureate or postgraduate degree in the field of aerospace engineering or a related discipline; and

"(ii) who have a minimum of 20 years of relevant applied experience;

"(G) 4 air carrier employees whose job responsibilities include administration of a safety management system;

"(H) 4 individuals representing 4 different holders of organization designation authorizations, with preference given to individuals representing holders of organization designation authorizations for the design or production of aircraft other than transport airplanes or for the design or production of aircraft engines, propellers, or appliances; and

"(I) 1 individual holding a law degree and who has expertise in the legal duties of a holder of an organization designation authorization and the interaction with the FAA, except that such individual may not, within the 10-year period preceding the individual's appointment, have been employed by, or provided legal services to, the holder of an organization designation authorization referenced in paragraph (2).

"(4) Recommendations.—The review panel shall make recommendations to the Administrator regarding suggested actions to address any deficiencies found after review of the matters listed in paragraph (2).

"(5) Report.—

"(A) Submission.—Not later than 270 days after the date of the first meeting of the review panel, the review panel shall transmit to the Administrator and the congressional committees of jurisdiction a report containing the findings and recommendations of the review panel regarding the matters listed in paragraph (2), except that such report shall include—

"(i) only such findings endorsed by 10 or more individual members of the review panel; and

"(ii) only such recommendations described in paragraph (4) endorsed by 18 or more of the individual members of the review panel.

"(B) Dissenting views.—In submitting the report required under this paragraph, the review panel shall append to such report the dissenting views of any individual member or group of members of the review panel regarding the findings or recommendations of the review panel.

"(C) Publication.—Not later than 5 days after receiving the report under subparagraph (A), the Administrator shall publish such report, including any dissenting views appended to the report, on the website of the Administration.

"(D) Termination.—The review panel shall terminate upon submission of the report under subparagraph (A).

"(6) Administrative provisions.—

"(A) Access to information.—The review panel shall have authority to perform the following actions if a majority of the total number of review panel members consider each action necessary and appropriate:

"(i) Entering onto the premises of a holder of an organization designation authorization referenced in paragraph (2) for access to and inspection of records or other purposes.

"(ii) Notwithstanding any other provision of law, accessing and inspecting unredacted records directly necessary for the completion of the panel's work under this section that are in the possession of such holder of an organization designation authorization or the Administration.

"(iii) Interviewing employees of such holder of an organization designation authorization or the Administration as necessary for the panel to complete its work.

"(B) Disclosure of financial interests.—Each individual serving on the review panel shall disclose to the Administrator any financial interest held by such individual, or a spouse or dependent of such individual, in a business enterprise engaged in the design or production of transport airplanes, aircraft engines designed for transport airplanes, or major systems, components, or parts thereof.

"(C) Protection of proprietary information; trade secrets.—

"(i) Marking.—The custodian of a record accessed under subparagraph (A) may mark such record as proprietary or containing a trade secret. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure.

"(ii) Nondisclosure for non-federal government participants.—

     "(I) Non-federal government participants.—Prior to participating on the review panel, each individual serving on the review panel representing a non-Federal entity, including a labor union, shall execute an agreement with the Administrator in which the individual shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the panel under subparagraph (A).

     "(II) Federal employee participants.—Federal employees serving on the review panel as representatives of the Federal Government and who are required to protect proprietary information and trade secrets under section 1905 of title 18, United States Code, shall not be required to execute agreements under this subparagraph.

"(iii) Protection of voluntarily submitted safety information.—Information subject to protection from disclosure by the Administration in accordance with sections 40123 and 44735 of title 49, United States Code, is deemed voluntarily submitted to the Administration under such sections when shared with the review panel and retains its protection from disclosure (including protection under section 552(b)(3) of title 5, United States Code). The custodian of a record subject to such protection may mark such record as subject to statutory protections. A marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure. Members of the review panel will protect voluntarily submitted safety information and other otherwise exempt information to the extent permitted under applicable law.

"(iv) Protection of proprietary information and trade secrets.—Members of the review panel will protect proprietary information, trade secrets, and other otherwise exempt information to the extent permitted under applicable law.

"(v) Resolving classification of information.—If the review panel and a holder of an organization designation authorization subject to review under this section disagree as to the proper classification of information described in this subparagraph, then an employee of the Administration who is not a political appointee shall determine the proper classification of such information and whether such information will be withheld, in part or in full, from release to the public.

"(D) Applicable law.—Public Law 92–463 [Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to the panel established under this subsection.

"(E) Financial interest defined.—In this paragraph, the term 'financial interest'—

"(i) excludes securities held in an index fund; and

"(ii) includes—

     "(I) any current or contingent ownership, equity, or security interest;

     "(II) an indebtedness or compensated employment relationship; or

     "(III) any right to purchase or acquire any such interest, including a stock option or commodity future.

"(b) FAA Authority.—

"(1) In general.—After reviewing the findings of the review panel submitted under subsection (a)(5), the Administrator may limit, suspend, or terminate an organization designation authorization subject to review under this section.

"(2) Reinstatement.—The Administrator may condition reinstatement of a limited, suspended, or terminated organization designation authorization on the holder's implementation of any corrective actions determined necessary by the Administrator.

"(3) Rule of construction.—Nothing in this subsection shall be construed to limit the Administrator's authority to take any action with respect to an organization designation authorization, including limitation, suspension, or termination of such authorization.

"(c) Organization Designation Authorization Process Improvements.—Not later than 1 year after receipt of the recommendations submitted under subsection (a)(5), the Administrator shall report to the congressional committees of jurisdiction on—

"(1) whether the Administrator has concluded that such holder is able to safely and reliably perform all delegated functions in accordance with all applicable provisions of chapter 447 of title 49, United States Code, title 14, Code of Federal Regulations, and other orders or requirements of the Administrator, and, if not, the Administrator shall outline—

"(A) the risk mitigations or other corrective actions, including the implementation timelines of such mitigations or actions, the Administrator has established for or required of such holder as prerequisites for a conclusion by the Administrator under this paragraph; or

"(B) the status of any ongoing investigatory actions;

"(2) the status of implementation of each of the recommendations of the review panel, if any, with which the Administrator concurs;

"(3) the status of procedures under which the Administrator will conduct focused oversight of such holder's processes for performing delegated functions with respect to the design of new and derivative transport airplanes and the production of such airplanes; and

"(4) the Administrator's efforts, to the maximum extent practicable and subject to appropriations, to increase the number of engineers, inspectors, and other qualified technical experts, as necessary to fulfill the requirements of this section, in—

"(A) each office of the Administration responsible for dedicated oversight of such holder; and

"(B) the System Oversight Division, or any successor division, of the Aircraft Certification Service.

"(d) Non-concurrence With Recommendations.—Not later than 6 months after receipt of the recommendations submitted under subsection (a)(5), with respect to each recommendation of the review panel with which the Administrator does not concur, if any, the Administrator shall publish on the website of the Administration and submit to the congressional committees of jurisdiction a detailed explanation as to why, including if the Administrator believes implementation of such recommendation would not improve aviation safety."

[For definitions of terms used in section 103 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.]

ODA Review

Pub. L. 115–254, div. B, title II, §213, Oct. 5, 2018, 132 Stat. 3249, as amended by Pub. L. 116–260, div. V, title I, §125(a), Dec. 27, 2020, 134 Stat. 2346, provided that:

"(a) Establishment of Expert Review Panel.—

"(1) Expert panel.—Not later than 120 days after the dateof enactment of this Act [Oct. 5, 2018], the Administrator shall convene a multidisciplinary expert review panel (in this section referredto as the 'Panel').

"(2) Composition of panel.—

"(A) Appointment of members.—The Panel shall be composed of not more than 20 members appointed by the Administrator.

"(B) Qualifications.—The members appointed to the Panel shall—

"(i) each have a minimum of 5 years of experience in processes and procedures under the ODA program; and

"(ii) represent, at a minimum, ODA holders, aviation manufacturers, safety experts, and FAA labor organizations, including labor representatives of FAA aviation safety inspectors and aviation safety engineers.

"(b) Survey.—The Panel shall conduct a survey of ODA holders and ODA program applicants to document and assess FAA certification and oversight activities, including use of the ODA program and the timeliness and efficiency of the certification process. In carrying out this subsection, the Panel shall consult with appropriate survey experts to best design and conduct the survey.

"(c) Best Practices Review.—In addition to conducting the survey required under subsection (b), the Panel shall conduct a review of a sampling of ODA holders to identify and develop best practices. At a minimum, the best practices shall address preventing and deterring instances of undue pressure on or by an ODA unit member, within an ODA, or by an ODA holder, or failures to maintain independence between the FAA and an ODA holder or an ODA unit member. In carrying out such review, the Panel shall—

"(1) examine other government regulated industries to gather lessons learned, procedures, or processes that address undue pressure of employees, perceived regulatory coziness, or other failures to maintain independence;

"(2) identify ways to improve communications between an ODA Administrator, ODA unit members, and FAA engineers and inspectors, consistent with section 44736(g) of title 49, United States Code, in order to enable direct communication of technical concerns that arise during a certification project without fear of reprisal to the ODA Administrator or ODA unit member; and

"(3) examine FAA designee programs, including the assignment of FAA advisors to designees, to determine which components of the program may improve the FAA's oversight of ODA units, ODA unit members, and the ODA program.

"(d)Assessment and Recommendations.—The Panel shall assess and make recommendations concerning—

"(1) the FAA's processes and procedures under the ODA program and whether the processes and procedures function as intended;

"(2) the best practices of and lessons learned by ODA holders and FAA personnel who provide oversight of ODA holders;

"(3) training activities related to the ODA program for FAApersonnel and ODA holders;

"(4) the impact, if any, that oversight of the ODA programhas on FAA resources and the FAA's ability to process applicationsfor certifications outside of the ODA program;

"(5) the results of the survey conducted under subsection(b); and

"(6) the results of the review conducted under subsection (c).

"(e) Report.—Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator, the Advisory Committee, and the appropriate committees of Congress a report on the findings and recommendations of the Panel.

"(f) Definitions.—The definitions contained in section 44736 of title 49, United States Code, as added by this Act, apply to this section.

"(g) Applicable Law.—Public Law 92–463 [Federal Advisory Committee Act, see 5 U.S.C. 1001 et seq.] shall not apply to the Panel.

"(h) Best Practices Adoption.—

"(1) In general.—Not later than 180 days after the date on which the Administrator receives the report required under subsection (e), the Administrator shall establish best practices that are generally applicable to all ODA holders and require such practices to be incorporated, as appropriate, into each ODA holder's approved procedures manual.

"(2) Notice and comment period.—The Administrator shall publish the established best practices for public notice and comment for not fewer than 60 days prior to requiring the practices, as appropriate, be incorporated into each ODA holder's approved procedures manual.

"(i) Sunset.—The Panel shall terminate on the earlier of—

"(1) the date of submission of the report under subsection (e); or

"(2) the date that is 2 years after the date on which the Panel is first convened under subsection (a)."

§44737. Helicopter fuel system safety

(a) Prohibition.—

(1) In general.—A person may not operate a covered helicopter in United States airspace unless the design of the helicopter is certified by the Administrator of the Federal Aviation Administration to—

(A) comply with the requirements applicable to the category of the helicopter under paragraphs (1), (2), (3), (5), and (6) of section 27.952(a), section 27.952(c), section 27.952(f), section 27.952(g), section 27.963(g) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), section 29.952(c), section 29.952(f), section 29.952(g), section 29.963(b) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and 29.975(a)(7) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section; or

(B) employ other means acceptable to the Administrator to provide an equivalent level of fuel system crash resistance.

(2) Covered helicopter defined.—In this subsection, the term "covered helicopter" means a helicopter not otherwise required to comply with section 27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the date of enactment of this section.

(b) Administrative Provisions.—The Administrator shall—

(1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crashworthiness; and

(2) not later than 180 days after the date of enactment of this section, and periodically thereafter, issue a bulletin to—

(A) inform helicopter owners and operators of available modifications to improve fuel system crashworthiness; and

(B) urge that such modifications be installed as soon as practicable.

(c) Rule of Construction.—Nothing in this section may be construed to affect the operation of a helicopter by the Department of Defense.

(d) Exception.—A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is excepted from the requirements of this section.

(Added Pub. L. 115–254, div. B, title III, §317(a), Oct. 5, 2018, 132 Stat. 3268; amended Pub. L. 118–63, title VIII, §825, May 16, 2024, 138 Stat. 1332.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Codification

Another section 44737 was renumbered section 44740 of this title.

Amendments

2024—Pub. L. 118–63, §825(1), substituted "helicopter" for "rotorcraft" wherever appearing in text.

Subsec. (a)(2). Pub. L. 118–63, §825(2), substituted "helicopter" for "rotorcraft" in heading.

Subsec. (d). Pub. L. 118–63, §825(3), added subsec. (d).

Statutory Notes and Related Subsidiaries

Crash-Resistant Fuel Systems in Rotorcraft

Pub. L. 118–63, title III, §320, May 16, 2024, 138 Stat. 1082, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall task the Aviation Rulemaking Advisory Committee to—

"(1) review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration;

"(2) update the 2018 report of such working group on rotorcraft occupant protection by—

"(A) reviewing National Transportation Safety Board data from 2016 through 2023 on post-crash fires in helicopter accidents; and

"(B) determining whether and to what extent crash-resistant fuel systems could have prevented fatalities in the accidents covered by the data reviewed under subparagraph (A); and

"(3) develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date.

"(b) Schedule.—

"(1) Deadline.—Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator.

"(2) Implementation.—If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—

"(A) begin implementing, as appropriate, any safety recommendations the Administrator receives from the Aviation Rulemaking Advisory Committee, and 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 any recommendations the Administrator does not implement; and

"(B) partner with the United States Helicopter Safety Team, as appropriate, to facilitate implementation of any recommendations for the helicopter industry pursuant to subsection (a)(2)."

§44738. Training on human trafficking for certain staff

In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers on recognizing and responding to potential human trafficking victims.

(Added Pub. L. 115–254, div. B, title IV, §408(a), Oct. 5, 2018, 132 Stat. 3330.)

Statutory Notes and Related Subsidiaries

Airport Human Trafficking Prevention Grants

Pub. L. 118–63, title VII, §774A, May 16, 2024, 138 Stat. 1299, provided that:

"(a) In General.—The Secretary [of Transportation] shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention efforts, including by—

"(1) coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and

"(2) accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking.

"(b) Distribution.—

"(1) In general.—The Secretary shall distribute amounts made available for grants under this section to—

"(A) the 75 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and

"(B) as the Secretary determines to be appropriate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport.

"(2) Priority; considerations.—In distributing amounts made available for grants under this section, the Secretary shall—

"(A) give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and

"(B) take into consideration the effect the amounts would have on surrounding areas.

"(3) Consultation.—In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each grant recipient to ensure the best use of the funds.

"(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028."

§44739. Pets on airplanes

(a) Prohibition.—It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft operated under part 121 of title 14, Code of Federal Regulations.

(b) Civil Penalty.—The Administrator may impose a civil penalty under section 46301 for each violation of this section.

(Added Pub. L. 115–254, div. B, title IV, §417(a), Oct. 5, 2018, 132 Stat. 3334.)

§44740. Special rule for certain aircraft operations

(a) In General.—The operator of an aircraft with a special airworthiness certification in the experimental category may—

(1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in section 50902 of title 51); and

(2) conduct such flight under such certificate carrying persons or property for compensation or hire—

(A) notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire; or

(B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations.

(b) Limited Applicability.—Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:

(1) The aircraft conducting the space support vehicle flight—

(A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51;

(B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator licensed under chapter 509 of title 51;

(C) is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and

(D) is used only to simulate space flight conditions in support of—

(i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51);

(ii) the testing of hardware to be used in space flight; or

(iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight.

(c) Rules of Construction.—

(1) Space support vehicles.—Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for compensation or hire.

(2) Authority of administrator.—Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section.

(Added Pub. L. 115–254, div. B, title V, §581(b)(1), Oct. 5, 2018, 132 Stat. 3398, §44737; renumbered §44740 and amended Pub. L. 116–260, div. V, title I, §107(d)(1), (3), Dec. 27, 2020, 134 Stat. 2326.)

Editorial Notes

Amendments

2020—Pub. L. 116–260, §107(d)(3)(A), struck out period after "operations" in section catchline.

Pub. L. 116–260, §107(d)(1), renumbered section 44737 of this title as this section.

Subsec. (a)(1). Pub. L. 116–260, §107(d)(3)(B), substituted "section" for "chapter".

Subsec. (b)(1). Pub. L. 116–260, §107(d)(3)(C), struck out "(1)" the second time appearing before "The" in introductory provisions.

Subsec. (c)(2). Pub. L. 116–260, §107(d)(3)(D), inserted period at end.

Statutory Notes and Related Subsidiaries

Modernization of Special Airworthiness Certification Rulemaking Deadline

Pub. L. 118–63, title VIII, §824, May 16, 2024, 138 Stat. 1332, provided that: "Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule for the rulemaking activity titled 'Modernization of Special Airworthiness Certification', published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL50)."

Flight Instruction or Testing

Pub. L. 118–63, title VIII, §832, May 16, 2024, 138 Stat. 1339, provided that:

"(a) Authorized Additional Pilots.—An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA [Federal Aviation Administration] regulations and policy in effect as of the date of enactment of this Act [May 16, 2024], shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

"(b) Use of Aircraft.—An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.

"(c) Revision of Rules.—The Administrator [of the Federal Aviation Administration] shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the requirements of this section."

Rule of Construction Relating to Role of NASA

Pub. L. 115–254, div. B, title V, §581(b)(3), Oct. 5, 2018, 132 Stat. 3399, provided that: "Nothing in this subsection [enacting this section] shall be construed as limiting the ability of [the] National Aeronautics and Space Administration (NASA) to place conditions on or otherwise qualify the operations of NASA contractors providing NASA services."

§44741. Approval of organization designation authorization unit members

(a) In General.—Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—

(1) shall be—

(A) an employee, a contractor, or a consultant of the ODA holder; or

(B) the employee of a supplier of the ODA holder; and

(2) may not become a member of such unit unless approved by the Administrator pursuant to this section.

(b) Process and Timeline.—

(1) In general.—The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section.

(2) Process.—An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual's qualifications under subsection (c).

(3) Timeline.—The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section not later than 30 days after the receipt of an application by an ODA holder.

(4) Documentation of approval.—Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.

(5) Reapplication.—An ODA holder may submit an application under this subsection for an individual to become an ODA unit member under this section regardless of whether an application for such individual was previously rejected by the Administrator.

(c) Qualifications.—

(1) In general.—The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—

(A) is technically proficient and qualified to perform the authorized functions sought;

(B) has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or authorization held by such individual;

(C) is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);

(D) possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for performance of the authorized functions sought;

(E) possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes appropriate for the authorized functions sought; and

(F) meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought.

(2) Previously rejected application.—In reviewing an application for an individual to become an ODA unit member under this section, if an application for such individual was previously rejected, the Administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the Administrator's satisfaction before making a determination on the individual's reapplication.

(d) Rescission of Approval.—The Administrator may rescind an approval of an individual as an ODA unit member granted pursuant to this section at any time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the Administrator. Such decisions by the Administrator are not subject to judicial review.

(e) Conditional Selections.—

(1) In general.—Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to perform the functions of an ODA unit member for a period of not more than 30 days (beginning on the date an application for such individual is submitted under subsection (b)(2)).

(2) Required determination.—The Administrator may not make an authorization under paragraph (1) unless—

(A) the ODA holder has instituted, to the Administrator's satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and

(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.

(3) Final determination.—The Administrator shall approve or reject the application for an individual designated under paragraph (1) in accordance with the timeline and procedures described in subsection (b).

(4) Rejection and review.—If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during the period such individual served as a conditional designee.

(5) Prohibitions.—Notwithstanding the requirements of paragraph (2), the Administrator may prohibit an ODA holder from making conditional designations of individuals as ODA unit members under this subsection at any time for any reason the Administrator considers appropriate. The Administrator may prohibit any conditionally designated individual from performing an authorized function at any time for any reason the Administrator considers appropriate.

(f) Records and Briefings.—

(1) In general.—Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to be determined by the Administrator and with proper protections to ensure the security of sensitive and personal information—

(A) any data, applications, records, or manuals required by the ODA holder's approved procedures manual, as determined by the Administrator;

(B) the names, responsibilities, qualifications, and example signature of each member of the ODA unit who performs an authorized function pursuant to a delegation by the Administrator under section 44702(d);

(C) training records for ODA unit members and ODA administrators; and

(D) any other data, applications, records, or manuals determined appropriate by the Administrator.

(2) Congressional briefing.—The Administrator shall provide biannual briefings each fiscal year through September 30, 2028 to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation and effects of this section, including—

(A) the Administration's performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection (b)(3);

(B) for any individual rejected by the Administrator under subsection (b) during the preceding 6-month period, the reasoning or basis for such rejection; and

(C) any resource, staffing, or other challenges within the Administration associated with implementation of this section.

(g) Special Review of Qualifications.—

(1) In general.—Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).

(2) Unqualified individual.—For any individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph (1), the Administrator—

(A) shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual to meet such qualifications; or

(B) may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from performing an authorized function.

(3) Deadline.—The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.

(4) Savings clause.—An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.

(h) Prohibition.—The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an ODA unit member under this section.

(i) Definitions.—

(1) General applicability.—The definitions contained in section 44736(c) shall apply to this section.

(2) Transport airplane.—The term "transport airplane" means a transport category airplane designed for operation 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 airplane.

(j) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2028.

(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2320; amended Pub. L. 118–63, title III, §306(a), May 16, 2024, 138 Stat. 1071.)

Editorial Notes

References in Text

Section 102 of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (e)(2)(B), is section 102 of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2309. Section 102(a)–(f) of Pub. L. 116–260 is set out as a note under section 44701 of this title, and section 102(g) of Pub. L. 116–260 amended section 44735 of this title.

Amendments

2024—Subsec. (f)(2). Pub. L. 118–63, §306(a)(1)(A), substituted "The Administrator shall provide biannual briefings each fiscal year through September 30, 2028" for "Not later than 90 days after the date of enactment of this section, and every 90 days thereafter through September 30, 2023, the Administrator shall provide a briefing" in introductory provisions.

Subsec. (f)(2)(B). Pub. L. 118–63, §306(a)(1)(B), substituted "6-month period" for "90-day period".

Subsec. (j). Pub. L. 118–63, §306(a)(2), substituted "2028" for "2023".

§44742. Interference with the duties of organization designation authorization unit members

(a) In General.—The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that affects the performance of authorized functions by ODA unit members.

(b) Prohibition.—

(1) In general.—It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit member's performance of authorized functions.

(2) Civil penalty.—

(A) Individuals.—An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).

(B) Savings clause.—Nothing in this paragraph shall be construed as limiting or constricting any other authority of the Administrator to pursue an enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.

(c) Reporting.—

(1) Reports to oda holder.—An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances of interference to the office of the ODA holder that is designated to receive such reports.

(2) Reports to the faa.—

(A) In general.—The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by the Administrator to accept and review such reports any instances of interference reported under paragraph (1).

(B) Contents.—The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the manner, time, and form of submission. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of interference, a description of any action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.

(d) Definitions.—

(1) General applicability.—The definitions contained in section 44736(c) shall apply to this section.

(2) Interference.—In this section, the term "interference" means—

(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or prejudice an ODA unit member's performance of his or her duties; or

(B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.

(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2323.)

§44743. Pilot training requirements

(a) In General.—

(1) Administrator's determination.—In establishing any pilot training requirements with respect to a new transport airplane, the Administrator of the Federal Aviation Administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope, format, or minimum level of training required for operation of such airplane.

(2) Assurances and marketing representations.—Before the Administrator has established applicable training requirements, an applicant for a new or amended type certificate for an airplane described in paragraph (1) may not, with respect to the scope, format, or magnitude of pilot training for such airplane—

(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser of such airplane unless a clear and conspicuous disclaimer (as defined by the Administrator) is included regarding the status of training required for operation of such airplane; or

(B) provide financial incentives (including rebates) to a potential purchaser of such airplane regarding the scope, format, or magnitude of pilot training for such airplane.

(b) Pilot Response Time.—Beginning on the day after the date on which regulations are issued under section 119(c)(6) of the Aircraft Certification, Safety, and Accountability Act, the Administrator may not issue a new or amended type certificate for an airplane described in subsection (a) unless the applicant for such certificate has demonstrated to the Administrator that the applicant has accounted for realistic assumptions regarding the time for pilot responses to non-normal conditions in designing the systems and instrumentation of such airplane. Such assumptions shall—

(1) be based on test data, analysis, or other technical validation methods; and

(2) account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time.

(c) Definition.—In this section, the term "transport airplane" means a transport category airplane designed for operation 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 airplane.

(Added Pub. L. 116–260, div. V, title I, §119(a), Dec. 27, 2020, 134 Stat. 2338.)

References in Text

Section 119(c) of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (b), is section 119(c) of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2339, which is set out as a note under section 44704 of this title.

§44744. Flight crew alerting

(a) In General.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless such airplane incorporates a flight crew alerting system that, at a minimum—

(1) displays and differentiates among warnings, cautions, and advisories; and

(2) includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures.

(b) Limitation.—The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.

(c) Safety Enhancements.—

(1) Restriction on airworthiness certificate issuance.—Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.

(2) Restriction on operation.—Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless—

(A) the type design for the aircraft includes safety enhancements approved by the Administrator; and

(B) the aircraft was—

(i) produced in conformance with such type design; or

(ii) altered in accordance with such type design.

(d) Definitions.—In this section:

(1) Boeing 737 max aircraft.—The term "Boeing 737 MAX aircraft" means any—

(A) Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or

(B) other variant of a model described in subparagraph (A).

(2) Safety enhancement.—The term "safety enhancement" means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including—

(A) a—

(i) synthetic enhanced angle-of-attack system; and

(ii) means to shut off stall warning and overspeed alerts; or

(B) any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.

(Added Pub. L. 117–328, div. O, title V, §501(a), Dec. 29, 2022, 136 Stat. 5230.)

Statutory Notes and Related Subsidiaries

Costs of Safety Enhancements

Pub. L. 117–328, div. O, title V, §501(c), Dec. 29, 2022, 136 Stat. 5231, provided that: "Any costs associated with the safety enhancements required by section 44744 of title 49, United States Code, as added by subsection (a), shall be borne by the holder of the type certificate."

Congressional Briefings

Pub. L. 117–328, div. O, title V, §501(d), Dec. 29, 2022, 136 Stat. 5231, provided that: "Not later than March 1, 2023, and on a quarterly basis thereafter, the Administrator shall brief Congress on the status of—

"(1) the issuance of a type certificate for the Boeing 737-7 and 737-10, including any design enhancements, pilot procedures, or training requirements resulting from system safety assessments; and

"(2) the implementation of safety enhancements for Boeing 737 MAX aircraft, as required by section 44744 of title 49, United States Code, as added by subsection (a)."

§44745. Don Young Alaska Aviation Safety Initiative

(a) In General.—The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the "Initiative"), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in Alaska and covered locations.

(b) Objective.—The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of—

(1) reducing the rate of fatal aircraft accidents in Alaska and covered locations by 90 percent from 2019 to 2033; and

(2) by January 1, 2033, eliminating fatal accidents of aircraft operated by an air carrier that operates under part 135 of title 14, Code of Federal Regulations.

(c) Leadership.—

(1) In general.—The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.

(2) Covered locations.—The Administrator shall select a designee within the Aviation Safety Organization to implement relevant requirements of this section in covered locations.

(3) Reporting chain.—In all matters relating to the Initiative, the Director of the Initiative shall report directly to the Administrator.

(4) Coordination.—The Director of the Initiative shall coordinate with the heads of other offices and lines of business of the Administration, including the other regional administrators, to carry out the Initiative.

(d) Automated Weather Systems.—

(1) Requirement.—The Administrator shall ensure, to the greatest extent practicable, that a covered automated weather system is installed and operated at each covered airport not later than December 31, 2030.

(2) Waiver.—In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system.

(3) Prioritization.—In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall—

(A) coordinate and consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or a covered location, and such other members of the aviation community in Alaska or covered locations; and

(B) prioritize early installation at covered airports that would enable the greatest number of instrument flight rule operations by air carriers operating under part 121 or 135 of title 14, Code of Federal Regulations.

(4) Reliability.—

(A) In general.—Pertaining to both Federal and non-Federal systems in Alaska, the Administrator shall be responsible for ensuring—

(i) the reliability of covered automated weather systems; and

(ii) the availability of weather information from such systems.

(B) Specifications.—The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems.

(C) System reliability and restoration plan.—Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan for Alaska. Such plan shall document the Administrator's strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible.

(D) Telecommunications or other failures.—If a covered automated weather system in Alaska is unable to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system. The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue.

(E) Reliability data.—In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.

(5) Inventory.—

(A) Maintenance improvements.—

(i) In general.—Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.

(ii) Spare parts availability.—The actions identified by the Administrator in clause (i) shall improve spare parts availability, including consideration of storage of more spare parts in the region in which the systems are located.

(B) Notice of outages.—Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for automated weather observing systems and automated surface observing systems associated with Service A Outages at covered airports.

(6) Visual weather observation system.—

(A) Deployment.—Not later than 3 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall take such actions as may be necessary to—

(i) deploy visual weather observation systems;

(ii) ensure that such systems are capable of meeting the definition of a covered automated weather system in Alaska; and

(iii) develop standard operation specifications for visual weather operation systems.

(B) Modification of specifications.—Upon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for visual weather observation systems developed under subparagraph (A) to allow such systems to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 (Public Law 115–254).

(e) Weather Cameras.—

(1) In general.—The Director shall continuously assess the state of the weather camera systems in Alaska and covered locations to ensure the operational sufficiency and reliability of such systems.

(2) Applications.—The Director shall—

(A) accept applications from persons to install weather cameras; and

(B) consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or covered locations, and such other members of the aviation community in Alaska and covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.

(3) Presumption.—Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport in Alaska, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety.

(f) Cooperation With Other Agencies.—In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in Alaska and covered locations, including the collection and dissemination of weather data.

(g) Surveillance and Communication.—

(1) In general.—The Director shall take such actions as may be necessary to—

(A) encourage and incentivize the equipage of aircraft that operate under part 135 of title 14, Code of Federal Regulations, with automatic dependent surveillance and broadcast out equipment; and

(B) improve aviation surveillance and communications in Alaska and covered locations.

(2) Requirement.—Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location and Alaska.

(3) Waiver.—The Administrator shall waive any positive benefit-cost ratio requirement for—

(A) the installation and operation of equipment and facilities necessary to implement the requirement under paragraph (2); and

(B) the provision of additional ground-based transmitters for automatic dependent surveillance-broadcasts to provide a minimum operational network in Alaska along major flight routes.

(4) Service areas.—The Director shall continuously identify additional automatic dependent surveillance–broadcast service areas in which the deployment of automatic dependent surveillance–broadcast receivers and equipment would improve aviation safety.

(h) Other Projects.—The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.

(i) Annual Report.—

(1) In general.—Beginning on the date that is 1 year after the date of enactment of the FAA Reauthorization Act of 2024, and annually thereafter, the Administrator shall submit 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 on the Initiative, including an itemized description of how the Administration budget meets the goals of the Initiative.

(2) Stakeholder comments.—The Director shall append stakeholder comments, organized by topic, to each report submitted under paragraph (1) in the same manner as appendix 3 of the report titled "FAA Alaska Aviation Safety Initiative FY21 Final Report", dated September 30, 2021.

(j) Funding.—

(1) In general.—Notwithstanding any other provision of law, for each of fiscal years 2025 through 2028—

(A) the Administrator may, upon application from the government with jurisdiction over a covered airport and in coordination with the State or territory in which a covered airport is located, use amounts apportioned under subsection (d)(2)(B) or subsection (e) of section 47114 to carry out the Initiative; or

(B) the sponsor of a covered airport that receives an apportionment under subsection (d)(2)(A) or subsection (e) of section 47114 may use such apportionment for any purpose contained in this section.

(2) Supplemental funding.—Out of amounts made available under section 106(k) and section 48101, not more than a total of $25,000,000 for each of fiscal years 2025 through 2028 is authorized to be expended to carry out the Initiative.

(k) Definitions.—In this section:

(1) Covered airport.—The term "covered airport" means an airport in Alaska or a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan.

(2) Covered automated weather system.—The term "covered automated weather system" means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations.

(3) Covered location.—The term "covered location" means Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.

(l) Conformity.—The Administrator shall conduct all activities required under this section in conformity with section 44720.

(Added Pub. L. 118–63, title III, §342(a), May 16, 2024, 138 Stat. 1095.)

Editorial Notes

References in Text

The date of enactment of this section and the date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (d)(4)(C), (5)(A)(i), (B), (6)(A), (h), and (i)(1), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Section 322 of the FAA Reauthorization of 2018, referred to in subsec. (d)(6)(B), is section 322 of Pub. L. 115–254, which is set out as a note under section 44720 of this title.

§44746. Flight data recovery from overwater operations

(a) In General.—Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 5 years after the date of enactment of this section, all applicable aircraft are—

(1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder;

(2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and

(3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment.

(b) Applicable Aircraft Defined.—In this section, the term "applicable aircraft" means an aircraft manufactured on or after January 1, 2028, that is—

(1) operated under part 121 of title 14, Code of Federal Regulations;

(2) required by regulation to have a cockpit voice recorder and a flight data recorder; and

(3) used in extended overwater operations.

(Added Pub. L. 118–63, title III, §352(a), May 16, 2024, 138 Stat. 1112.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

§44747. Aviation safety oversight measures carried out by foreign countries

(a) Assessment.—

(1) In general.—On a regular basis, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess aviation safety oversight measures carried out by any foreign country—

(A) from which a foreign air carrier is conducting foreign air transportation to and from the United States;

(B) from which a foreign air carrier seeks to conduct foreign air transportation to and from the United States;

(C) whose air carriers carry or seek to carry the code of a United States air carrier; or

(D) as determined appropriate by the Administrator.

(2) Consultation and criteria.—In conducting an assessment described in paragraph (1), the Administrator shall—

(A) consult with the appropriate authorities of the government of the foreign country;

(B) determine the efficacy with which such foreign country carries out and complies with its aviation safety oversight responsibilities consistent with—

(i) the Convention on International Civil Aviation (in this section referred to as the "Chicago Convention");

(ii) international aviation safety standards; and

(iii) recommended practices set forth by the International Civil Aviation Organization;

(C) use a standard approach and methodology that will result in an analysis of the aviation safety oversight activities of such foreign country that are carried out to meet the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment, or any such successor documents; and

(D) identify instances of noncompliance pertaining to the aviation safety oversight activities of such foreign country consistent with the Chicago Convention, international aviation safety standards, and recommended practices set forth by the International Civil Aviation Organization.

(3) Findings of noncompliance.—In any case in which the assessment described in subsection (a)(1) finds an instance of non-compliance, the Administrator shall—

(A) notify the foreign country that is the subject of such finding;

(B) not later than 90 days after transmission of such notification, request and initiate final discussions with the foreign country to recommend actions by which the foreign country can mitigate the noncompliance; and

(C) after the discussions described in subparagraph (B) have concluded, determine whether or not the noncompliance finding has been corrected;

(b) Uncorrected Non-compliance.—If the Administrator finds that such foreign country has not corrected the non-compliance by the close of such final discussions—

(1) the Administrator shall notify the Secretary of Transportation and the Secretary of State that the condition of noncompliance remains;

(2) the Administrator, after consulting with informing the Secretary of Transportation and the Secretary of State, shall notify the foreign country of such finding; and

(3) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that—

(A) provides or seeks to provide foreign air transportation to and from the United States; or

(B) carries or seeks to carry the code of an air carrier.

(c) Authority.—Notwithstanding subsections (a) and (b), the Administrator retains the ability to take immediate safety oversight actions if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, as needed, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country. In this event that the Administrator makes a determination under this subsection, the Administrator shall immediately notify the Secretary of State of such determination so that the Secretary of State may issue a travel advisory with respect to such foreign country.

(d) Public Notification.—

(1) In general.—In any case in which the Administrator provides notification to a foreign country under subsection (b)(2), the Administrator shall—

(A) recommend the actions necessary to bring such foreign country into compliance with the international standards contained in the Chicago Convention;

(B) publish the identity of such foreign country on the website of the Federal Aviation Administration, in the Federal Register, and through other mediums appropriate to provide notice to the public; and

(C) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the identity of such foreign country and a summary of any critical safety information resulting from an assessment described in subsection (a)(1).

(2) Compliance.—If the Administrator finds that a foreign country subsequently corrects all outstanding noncompliances, the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, shall take actions as necessary to ensure the updated compliance status is reflected, including in the mediums invoked in paragraph (1)(B).

(e) Accuracy of the IASA List.—A foreign country that does not have foreign air carrier activity, as described in subsection (a)(1), for an extended period of time, as determined by the Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Transportation and the Secretary of State.

(f) Consistency.—

(1) In general.—The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section.

(2) Training.—The Administrator shall ensure that Administration personnel are properly and adequately trained to carry out the assessments set forth in this section, including with respect to the standards, methodology, and material used to make determinations under this section.

(Added Pub. L. 118–63, title III, §369(a), May 16, 2024, 138 Stat. 1137.)

Editorial Notes

References in Text

The Convention on International Civil Aviation, referred to in subsec. (a)(2)(B)(i), was done at Chicago on Dec. 7, 1944, and entered into force for the United States on Apr. 4, 1947.

§44748. Aircraft dispatching

(a) Aircraft Dispatching Certificate.—No person may serve as an aircraft dispatcher for an air carrier unless such person holds the appropriate aircraft dispatcher certificate issued by the Administrator of the Federal Aviation Administration.

(b) Proof of Certification.—Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or other appropriate Federal agency, a person who holds such a certificate, and is performing dispatching, shall present the certificate for inspection.

(c) Dispatch Centers and Flight Following Centers.—

(1) Establishment.—Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers necessary to maintain operational control of each flight of the air carrier at all times.

(2) Requirements.—An air carrier shall ensure that each dispatch center and flight following center of the air carrier—

(A) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times;

(B) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and

(C) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.

(d) Prohibition.—

(1) In general.—Except as provided in paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier.

(2) Emergency authority.—In the event of an emergency or other event that renders a dispatch center or a flight following center inoperable, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a period of time not to exceed 14 consecutive days per location without approval of the Administrator.

(Added Pub. L. 118–63, title IV, §420(b)(1), May 16, 2024, 138 Stat. 1164.)

CHAPTER 448—UNMANNED AIRCRAFT SYSTEMS

        

Editorial Notes

Amendments

2024—Pub. L. 118–63, title IX, §§902(b), 925(b)(2), 926(b), 930(b), 935(b), title X, §§1006(b), 1007(b), May 16, 2024, 138 Stat. 1341, 1360, 1361, 1367, 1372, 1389, added items 44803, 44804, 44806, and 44811 to 44814 and struck out former items 44803 "Unmanned aircraft system test ranges", 44804 "Small unmanned aircraft in the Arctic", and 44806 "Public unmanned aircraft systems".

2018—Pub. L. 115–254, div. B, title III, §§343(b), 344(b), 345(c), 346(b)(1), 347(b)(1), 348(b), 349(b)(1), 383(b)(1), Oct. 5, 2018, 132 Stat. 3290, 3291, 3293, 3295-3297, 3300, 3322, added items 44803 to 44810.

§44801. Definitions

In this chapter, the following definitions apply:

(1) Actively tethered unmanned aircraft system.—The term "actively tethered unmanned aircraft system" means an unmanned aircraft system in which the unmanned aircraft component—

(A) weighs 55 pounds or less, including payload but not including the tether;

(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft;

(C) is controlled and retrieved by such ground station through physical manipulation of the tether;

(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and

(E) is programmed to initiate a controlled landing in the event of a tether separation.

(2) Appropriate committees of congress.—The term "appropriate committees of Congress" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(3) Arctic.—The term "Arctic" means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.

(4) Certificate of waiver; certificate of authorization.—The terms "certificate of waiver" and "certificate of authorization" mean a Federal Aviation Administration grant of approval for a specific flight operation.

(5) Counter-UAS system.—The term "counter-UAS system" means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.

(6) Permanent areas.—The term "permanent areas" means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.

(7) Public unmanned aircraft system.—The term "public unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft.

(8) Sense and avoid capability.—The term "sense and avoid capability" means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft, structures on the ground, and other objects.

(9) Small unmanned aircraft.—The term "small unmanned aircraft" means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.

(10) Test range.—The term "test range" means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration, and includes the test ranges designated by the Administrator under section 44803.

(11) Unmanned aircraft.—The term "unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(12) Unmanned aircraft system.—The term "unmanned aircraft system" means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.

(13) UTM.—The term "UTM" means an unmanned aircraft system traffic management system or service."

(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3284; amended Pub. L. 118–63, title IX, §§925(b)(1), 926(c), May 16, 2024, 138 Stat. 1360, 1361.)

Editorial Notes

Amendments

2024—Par. (1)(A). Pub. L. 118–63, §926(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "weighs 4.4 pounds or less, including payload but not including the tether;".

Par. (1)(D), (E). Pub. L. 118–63, §926(c)(2)–(4), added subpars. (D) and (E).

Par. (10). Pub. L. 118–63, §925(b)(1), substituted "the test ranges designated by the Administrator under section 44803" for "any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009".

Statutory Notes and Related Subsidiaries

Environmental Review and Noise Certification

Pub. L. 118–63, title IX, §909, May 16, 2024, 138 Stat. 1344, provided that:

"(a) National Environmental Policy Act Guidance.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall publish unmanned aircraft system-specific environmental review guidance and implementation procedures and, thereafter, revise such guidance and procedures as appropriate to carry out the requirements of this section.

"(b) Prioritization.—The guidance and procedures established by the Administrator under subsection (a) shall include processes that allow for the prioritization of project applications and activities that—

"(1) offset or limit the impacts of non-zero emission activities;

"(2) offset or limit the release of environmental pollutants to soil or water; or

"(3) demonstrate other factors that benefit human safety or the environment, as determined by the Administrator.

"(c) Programmatic Level Approach to NEPA Review.—Not later than 180 days after the date of enactment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Administrator can—

"(1) leverage an environmental review for unmanned aircraft operations within a defined geographic region, including within and over commercial sites, industrial sites, or other sites closed or restricted to the public; and

"(2) leverage an environmental assessment or environmental impact statement for nationwide programmatic approaches for large scale distributed unmanned aircraft operations.

"(d) Developing 1 or More Categorical Exclusions.—

"(1) In general.—The Administrator shall engage in periodic consultations with the Council on Environmental Quality to identify actions that are appropriate for a new categorical exclusion and shall incorporate such actions in FAA [Federal Aviation Administration] Order 1050.1F (or successor order) as considered appropriate by the Administrator to more easily allow for safe commercial operations of unmanned aircraft.

"(2) Prior operations.—The Administrator shall review existing categorical exclusions for applicability to unmanned aircraft operations in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.

"(e) Briefing.—Not later than 90 days after the date of enactment of this Act [May 16, 2024], 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 plan of the Administrator to implement subsection (a).

"(f) Nonapplication of Noise Certification Requirements Pending Standards Development.—

"(1) In general.—Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall—

"(A) waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking unmanned aircraft type and airworthiness certifications; and

"(B) not deny, withhold, or delay such certifications due to the absence of a noise certification basis under such part, if the Administrator has developed appropriate noise measurement procedures for unmanned aircraft and the Administrator has received from the applicant the noise measurement results based on such procedures.

"(2) Duration.—The nonapplication of the noise certification requirements under paragraph (1) shall continue until the Administrator finalizes the noise certification requirements for unmanned aircraft in part 36 of title 14, Code of Federal Regulations, or another part of title 14 of such Code, as required under paragraph (3).

"(3) Associated uas certification standards.—

"(A) Development of criteria.—Not later than 18 months after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standard metrics to determine whether to approve an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations.

"(B) Substantive criteria and standard metrics.—In establishing the substantive criteria and standard metrics under subparagraph (A), the Administrator shall include criteria and metrics related to the noise impacts of an unmanned aircraft.

"(C) Publication.—The Administrator shall publish in the Federal Register and post on the website of the FAA the criteria and metrics established under subparagraph (A).

"(g) Concurrent Reviews.—If the Administrator determines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft require environmental assessments, including under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrently.

"(h) Third-party Support.—In implementing subsection (a), the Administrator shall allow for the engagement of approved specialized third parties, as appropriate, to support an applicant's preparation of, or the Administration's preparation and review of, documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews.

"(i) Rule of Construction.—Nothing in this section shall be construed as prohibiting, restricting, or otherwise limiting the authority of the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety."

[For definition of "unmanned aircraft" as used in section 909 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Unmanned and Autonomous Flight Advisory Committee

Pub. L. 118–63, title IX, §916, May 16, 2024, 138 Stat. 1351, provided that:

"(a) In General.—Not later than 1 year after the termination of the Advanced Aviation Advisory Committee pursuant to section 915 [138 Stat. 1351], the Administrator [of the Federal Aviation Administration] shall establish an Unmanned and Autonomous Flight Advisory Committee (in this section referred to as the 'Advisory Committee').

"(b) Duties.—The Advisory Committee shall provide the Administrator advice on policy- and technical-level issues related to unmanned and autonomous aviation operations and activities, including, at a minimum, the following:

"(1) The safe integration of unmanned aircraft systems and autonomous flight operations into the national airspace system, including feedback on—

"(A) the certification and operational standards of highly automated aircraft, unmanned aircraft, and associated elements of such aircraft;

"(B) coordination of procedures for operations in controlled and uncontrolled airspace; and

"(C) communication protocols.

"(2) The use cases of unmanned aircraft systems, including evaluating and assessing the potential benefits of using unmanned aircraft systems.

"(3) The development of processes and methodologies to address safety concerns related to the operation of unmanned aircraft systems, including risk assessments and mitigation strategies.

"(4) Unmanned aircraft system training, education, and workforce development programs, including evaluating aeronautical knowledge gaps in the unmanned aircraft system workforce, assessing the workforce needs of unmanned aircraft system operations, and establishing a strong pipeline to ensure a robust unmanned aircraft system workforce.

"(5) The analysis of unmanned aircraft system data and trends.

"(6) Unmanned aircraft system infrastructure, including the use of existing aviation infrastructure and the development of necessary infrastructure.

"(c) Membership.—

"(1) In general.—The Advisory Committee shall be composed of not more than 12 members.

"(2) Representatives.—The Advisory Committee shall include at least 1 representative of each of the following:

"(A) Commercial operators of unmanned aircraft systems.

"(B) Unmanned aircraft system manufacturers.

"(C) Counter-UAS manufacturers.

"(D) FAA [Federal Aviation Administration]-approved unmanned aircraft system service suppliers.

"(E) Unmanned aircraft system test ranges under section 44803 of title 49, United States Code.

"(F) An unmanned aircraft system physical infrastructure network provider.

"(G) Community advocates.

"(H) Certified labor organizations representing commercial airline pilots, air traffic control specialists employed by the Administration, certified aircraft maintenance technicians, certified aircraft dispatchers, or aviation safety inspectors.

"(I) Academia or a relevant research organization.

"(3) Observers.—The Administrator may invite appropriate representatives of other Federal agencies to observe or provide input on the work of the Advisory Committee, but shall not allow such representatives to participate in any decision-making of the Advisory Committee.

"(d) Reporting.—

"(1) In general.—The Advisory Committee shall submit to the Administrator an annual report of the activities, findings, and recommendations of the Committee.

"(2) Congressional reporting.—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] the reports required under paragraph (1).

"(e) Prohibition.—The Administrator may not task the Advisory Committee established under this section with a review or the development of recommendations relating to operations conducted under part 121 of title 14, Code of Federal Regulations."

[For definitions of terms used in section 916 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Acceptable Levels of Risk and Risk Assessment Methodology

Pub. L. 118–63, title IX, §931, May 16, 2024, 138 Stat. 1367, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall develop a risk assessment methodology that allows for the determination of acceptable levels of risk for unmanned aircraft system operations, including operations beyond visual line of sight, conducted—

"(1) under waivers issued to part 107 of title 14, Code of Federal Regulations;

"(2) pursuant to section 44807 of title 49, United States Code; or

"(3) pursuant to other applicable regulations, as appropriate.

"(b) Risk Assessment Methodology Considerations.—In establishing the risk assessment methodology under this section, the Administrator shall ensure alignment with the considerations included in the order issued by the FAA [Federal Aviation Administration] titled 'UAS Safety Risk Management Policy' (FAA Order 8040.6A), and any subsequent amendments to such order, as the Administrator considers appropriate.

"(c) Publication.—The Administrator shall make the risk assessment methodology established under this section available to the public on an appropriate website of the Administration and update such methodology as necessary."

[For definition of "unmanned aircraft system" as used in section 931 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Special Authority for Transport of Hazardous Materials by Commercial Package Delivery Unmanned Aircraft Systems

Pub. L. 118–63, title IX, §933, May 16, 2024, 138 Stat. 1368, provided that:

"(a) In General.—Notwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary [of Transportation] shall, beginning not later than 180 days after enactment of this section [May 16, 2024], use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under successor authorities, as applicable, based on the weight, amount, and type of hazardous material being transported and the characteristics of the operations subject to such requirements, standards, or special purposes.

"(b) Requirements.—In carrying out subsection (a), the Secretary shall consider, at a minimum—

"(1) the safety of the public and users of the national airspace system;

"(2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and whether such transportation complies with the hazardous materials regulations under subchapter C of chapter I of title 49, Code of Federal Regulations, including any changes to such regulations issued pursuant to this section;

"(3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and packing group classifications of hazardous materials;

"(4) mitigations to the risk of the hazardous materials being transported, based on the weight, amount, and type of materials being transported and the characteristics of the operation, including operational and aircraft-based mitigations; and

"(5) the altitude at which unmanned aircraft operations are conducted.

"(c) Safety Risk Assessments.—The Secretary may require unmanned aircraft systems operators to submit a safety risk assessment acceptable to the Administrator [of the Federal Aviation Administration], as part of the operator certification process, in order for such operators to perform the carriage of hazardous materials as authorized under this section.

"(d) Conformity of Hazardous Materials Regulations.—The Secretary shall make such changes as are necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the activities described in subsection (a).

"(e) Stakeholder Input on Changes to the Hazardous Materials Regulations.—

"(1) Implementation.—Not later than 180 days of the date of enactment of this Act [May 16, 2024], the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section.

"(2) Periodic updates.—The Secretary shall—

"(A) periodically review, as necessary, amounts of hazardous materials allowed to be carried by unmanned aircraft systems pursuant to this section; and

"(B) determine whether such amounts should be revised, based on operational and safety data, without negatively impacting overall aviation safety.

"(f) Savings Clause.—Nothing in this section shall be construed to—

"(1) limit the authority of the Secretary, the Administrator, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements to ensure the safe carriage of hazardous materials by aircraft; and

"(2) confer upon the Administrator the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration under part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.

"(g) Definition of Hazardous Materials.—In this section, the term 'hazardous materials' has the meaning given such term in section 5102 of title 49, United States Code."

[For definitions of "unmanned aircraft system" and "unmanned aircraft" as used in section 933 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Operations Over High Seas

Pub. L. 118–63, title IX, §934, May 16, 2024, 138 Stat. 1369, provided that:

"(a) In General.—To the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation (in this section referred to as 'ICAO'), the Administrator [of the Federal Aviation Administration] shall work with other civil aviation authorities to establish and implement operational approval processes to permit unmanned aircraft systems to operate over the high seas within flight information regions for which the United States is responsible for operational control.

"(b) Consultation.—In establishing and implementing the operational approval process under subsection (a), the Administrator shall consult with appropriate stakeholders, including industry stakeholders.

"(c) ICAO Activities.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator shall engage ICAO through the submission of a working paper, panel proposal, or other appropriate mechanism to clarify the permissibility of unmanned aircraft systems to operate over the high seas.

"(d) Review.—Not later than 6 months after the date of enactment of this Act, the Administrator shall review whether, and to what extent, ICAO member states are approving the operation of unmanned aircraft systems over the high seas and 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] regarding the findings of such review."

[For definition of "unmanned aircraft system" as used in section 934 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Covered Drone Prohibition

Pub. L. 118–63, title IX, §936, May 16, 2024, 138 Stat. 1372, provided that:

"(a) Prohibitions.—The Secretary [of Transportation] is prohibited from—

"(1) entering into, extending, or renewing a contract or awarding a grant—

"(A) for the operation, procurement, or contracting action with respect to a covered unmanned aircraft system; or

"(B) to an entity that operates (as determined by the Administrator [of the Federal Aviation Administration]) a covered unmanned aircraft system in the performance of such contract;

"(2) issuing a grant to a covered foreign entity for any project related to covered unmanned aircraft systems; and

"(3) operating a covered unmanned aircraft system.

"(b) Exemptions.—The Secretary is exempt from any prohibitions under subsection (a) if the grant, operation, procurement, or contracting action is for the purposes of testing, researching, evaluating, analyzing, or training related to—

"(1) unmanned aircraft detection systems and counter-UAS systems, including activities conducted—

"(A) under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA [Federal Aviation Administration]; or

"(B) by the unmanned aircraft system test ranges designated under section 44803 of title 49, United States Code;

"(2) the safe, secure, or efficient operation of the national airspace system or maintenance of public safety;

"(3) the safe integration of advanced aviation technologies into the national airspace system, including activities carried out under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA;

"(4) in coordination with other relevant Federal agencies, determining security threats of covered unmanned aircraft systems; and

"(5) intelligence, electronic warfare, and information warfare operations.

"(c) Waivers.—The Secretary may waive any restrictions under subsection (a) on a case-by-case basis by notifying 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] in writing, not later than 15 days after waiving such restrictions, that the procurement or other activity is in the public interest.

"(d) Replacement of Certain Unmanned Aircraft Systems.—

"(1) In general.—The Secretary shall take such actions as are necessary to replace any covered unmanned aircraft system that is owned or operated by the Department of Transportation as of the date of enactment of this Act [May 16, 2024] with an unmanned aircraft system manufactured in the United States or an allied country (as such term is defined in section 2350f(d)(1) of title 10, United States Code) if the capabilities of such covered unmanned aircraft system are consequential to the work of the Department or the mission of the Department.

"(2) Funding.—There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection.

"(e) Effective Dates.—

"(1) Operations.—The prohibitions under paragraphs (1) and (3) of subsection (a) shall be in effect on the date of enactment of this Act.

"(2) Grants.—The prohibitions under paragraphs (1) and (2) of subsection (a) shall—

"(A) not apply to grants awarded before the date of enactment of this Act; and

"(B) apply to grants awarded after the date of enactment of this Act.

"(f) Application of Prohibitions.—The prohibitions under subsection (a) are applicable to all offices and programs of the Department of Transportation, including—

"(1) aviation research grant programs;

"(2) aviation workforce development programs established under section 625 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 40101 note);

"(3) FAA Air Transportation Centers of Excellence;

"(4) programs established under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); and

"(5) the airport improvement program under subchapter I of chapter 471 of title 49, United States Code.

"(g) Rule of Construction.—Nothing in this section shall prevent a State, local, Tribal, or territorial governmental agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal funding.

"(h) Definitions.—In this section:

"(1) Covered foreign country.—The term 'covered foreign country' means any of the following:

"(A) The People's Republic of China.

"(B) The Russian Federation.

"(C) The Islamic Republic of Iran.

"(D) The Democratic People's Republic of Korea.

"(E) The Bolivarian Republic of Venezuela.

"(F) The Republic of Cuba.

"(G) Any other country the Secretary determines necessary.

"(2) Covered foreign entity.—The term 'covered foreign entity' means—

"(A) an entity included on the list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management;

"(B) an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;

"(C) an entity that is domiciled in, or under the influence or control of, a covered foreign country; or

"(D) an entity that is a subsidiary or affiliate of an entity described under subparagraphs (A) through (C).

"(3) Covered unmanned aircraft system.—The term 'covered unmanned aircraft system' means—

"(A) a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and

"(B) an unmanned aircraft detection system or counter-UAS system that is manufactured or assembled by a covered foreign entity."

[For definitions of terms used in section 936 of Pub. L. 118–63, set out above, see this section, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.]

Unmanned Aircraft Systems Privacy Policy

Pub. L. 115–254, div. B, title III, §357, Oct. 5, 2018, 132 Stat. 3305, provided that: "It is the policy of the United States that the operation of any unmanned aircraft or unmanned aircraft system shall be carried out in a manner that respects and protects personal privacy consistent with the United States Constitution and Federal, State, and local law."

Strategy for Responding to Public Safety Threats and Enforcement Utility of Unmanned Aircraft Systems

Pub. L. 115–254, div. B, title III, §366, Oct. 5, 2018, 132 Stat. 3310, 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 develop a comprehensive strategy to provide outreach to State and local governments and provide guidance for local law enforcement agencies and first responders with respect to—

"(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and

"(2) how to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and first responders.

"(b) Resources.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a publicly available Internet website that contains resources for State and local law enforcement agencies and first responders seeking—

"(1) to respond to public safety threats posed by unmanned aircraft systems; and

"(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and public safety response efforts.

"(c) Unmanned Aircraft System Defined.—In this section, the term 'unmanned aircraft system' has the meaning given that term in section 44801 of title 49, United States Code, as added by this Act."

Federal Trade Commission Authority

Pub. L. 115–254, div. B, title III, §375, Oct. 5, 2018, 132 Stat. 3314, provided that:

"(a) In General.—A violation of a privacy policy by a person that uses an unmanned aircraft system for compensation or hire, or in the furtherance of a business enterprise, in the national airspace system shall be an unfair and deceptive practice in violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)).

"(b) Definitions.—In this section, the terms 'unmanned aircraft' and 'unmanned aircraft system' have the meanings given those terms in section 44801 of title 49, United States Code."

Commercial and Governmental Operators

Pub. L. 115–254, div. B, title III, §379, Oct. 5, 2018, 132 Stat. 3318, provided that:

"(a) In General.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall, to the extent practicable and consistent with applicable law, make available in a single location on the website of the Department of Transportation:

"(1) Any certificate of waiver or authorization issued by the Administration to Federal, State, tribal or local governments for the operation of unmanned aircraft systems within 30 days of issuance of such certificate of waiver or authorization.

"(2) A spreadsheet of UAS registrations, including the city, state [probably should be "State"], and zip code of each registered drone owner, on its website that is updated once per quarter each calendar year.

"(3) Summary descriptions and general purposes of public unmanned aircraft operations, including the locations where such unmanned aircraft may generally operate.

"(4) Summary descriptions of common civil unmanned aircraft operations.

"(5) The expiration date of any authorization of public or civil unmanned aircraft operations.

"(6) Links to websites of State agencies that enforce any applicable privacy laws.

"(7) For any unmanned aircraft system, except with respect to any operation protected by the First Amendment to the Constitution of the United States, that will collect personally identifiable information about individuals, including the use of facial recognition—

"(A) the circumstance under which the system will be used;

"(B) the specific kinds of personally identifiable information that the system will collect about individuals; and

"(C) how the information referred to in subparagraph (B), and the conclusions drawn from such information, will be used, disclosed, and otherwise handled, including—

"(i) how the collection or retention of such information that is unrelated to the specific use will be minimized;

"(ii) under what circumstances such information might be sold, leased, or otherwise provided to third parties;

"(iii) the period during which such information will be retained;

"(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and

"(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of encryption methods and other security features.

"(8) With respect to public unmanned aircraft systems—

"(A) the locations where the unmanned aircraft system will operate;

"(B) the time during which the unmanned aircraft system will operate;

"(C) the general purpose of the flight; and

"(D) the technical capabilities that the unmanned aircraft system possesses.

"(b) Exceptions.—The Administrator shall not disclose information pursuant to subsection (a) if the Administrator determines that the release of such information—

"(1) is not applicable;

"(2) is not practicable, including when the information is not available to the Administrator;

"(3) is not in compliance with applicable law;

"(4) would compromise national defense, homeland security or law enforcement activity;

"(5) would be withheld pursuant to an exception of the [sic] section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'); or

"(6) is otherwise contrary to the public interest.

"(c) Sunset.—This section will cease to be effective on the date that is the earlier of—

"(1) the date of publication of a Notice of Proposed Rulemaking or guidance regarding remote identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615 [629]) [49 U.S.C. 44802 note]; or

"(2) September 30, 2023."

§44802. Integration of civil unmanned aircraft systems into national airspace system

(a) Required Planning for Integration.—

(1) Comprehensive plan.—Not later than November 10, 2012,¹ the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.

(2) Contents of plan.—The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on—

(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—

(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;

(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and

(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;

(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system;

(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;

(D) a timeline for the phased-in approach described under subparagraph (C);

(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;

(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing;

(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and

(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.

(3) Deadline.—The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015.¹

(4) Report to congress.—Not later than February 14, 2013,¹ the Secretary shall submit to Congress a copy of the plan required under paragraph (1).

(5) Roadmap.—Not later than February 14, 2013,¹ the Secretary shall approve and make available in print and on the Administration's internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—

(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—

(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;

(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and

(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;

(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA's Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;

(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and

(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.

(b) Rulemaking.—Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register—

(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807;

(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and

(3) an update to the Administration's most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.

(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3285.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 332(a) and (b) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The dates in subsec. (a)(1) and (3) to (5) reflect those enacted by Pub. L. 112–95, which all precede the date of the enactment of this section by Pub. L. 115–254. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out below.

Statutory Notes and Related Subsidiaries

Part 107 Waiver Improvements

Pub. L. 118–63, title IX, §908, May 16, 2024, 138 Stat. 1343, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall adopt a performance- and risk-based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations.

"(b) Standardization of Waiver Application.—

"(1) In general.—In carrying out subsection (a), the Administrator shall improve the process to submit requests for certificates of waiver described in subsection (a).

"(2) Format.—In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the FAA [Federal Aviation Administration] with information for an unusual or irregular operation.

"(3) Data.—

"(A) In general.—In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers.

"(B) Considerations.—In carrying out subparagraph (A), the Administrator shall safely use—

"(i) big data analytics; and

"(ii) machine learning.

"(c) Consideration of Property Access.—

"(1) In general.—In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall—

"(A) consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and

"(B) recognize and account for the safety enhancements of such controlled access.

"(2) Rule of construction.—Nothing in this subsection shall be construed to influence the extent to which the Administrator considers a lack of control over access to all real property on the ground within an area of operation as affecting the safety of an operation intended to be conducted under such certificate of waiver.

"(d) Public Availability of Waivers.—

"(1) In general.—The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the FAA, including, with respect to each issued certificate of waiver—

"(A) the terms, conditions, and limitations; and

"(B) the class of airspace and any restrictions related to operating near airports or heliports.

"(2) Publication.—In carrying out paragraph (1), the Administrator shall ensure that published information is made available in a manner that prevents inappropriate disclosure of proprietary information.

"(e) Precedential Use of Previously Approved Waivers.—

"(1) Waiver approval precedent.—If the Administrator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications for such a particular waiver.

"(2) Rule of construction.—Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condition or remove a limitation of such certificate.

"(f) Modification of Waivers.—

"(1) In general.—The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regulations, as appropriate.

"(2) Use of review process.—The review process established under paragraph (1) shall be used to modify or renew certificates of waiver that cover operations that are substantially similar in all material facts to operations covered under a previously issued certificate of waiver."

[For definition of "certificate of waiver" as used in section 908 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.]

Drone Infrastructure Inspection Grant Program

Pub. L. 118–63, title IX, §912, May 16, 2024, 138 Stat. 1348, provided that:

"(a) Authority.—Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation] shall establish an unmanned aircraft system infrastructure inspection grant program to provide grants to governmental entities to facilitate the use of small unmanned aircraft systems to support more efficient inspection, operation, construction, maintenance, and repair of an element of critical infrastructure to improve worker safety related to projects.

"(b) Use of Grant Amounts.—A governmental entity may use a grant provided under this section to—

"(1) purchase or lease small unmanned aircraft systems;

"(2) support the operational capabilities of small unmanned aircraft systems used by the governmental entity;

"(3) contract for services performed using a small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and

"(4) support the program management capability of the governmental entity to use or contract the use of a small unmanned aircraft system, as described in paragraph (3).

"(c) Application.—To be eligible to receive a grant under this section, a governmental entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or any contractor of the governmental entity, will comply with relevant Federal regulations.

"(d) Selection of Applicants.—In selecting an application for a grant under this section, the Secretary shall prioritize applications that propose to—

"(1) carry out a project in a variety of communities, including urban, suburban, rural, Tribal, or any other type of community; and

"(2) address a safety risk in the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure.

"(e) Rule of Construction.—Nothing in this section shall be construed to interfere with an agreement between a governmental entity and a labor union, including the requirements of section 5333(b) of title 49, United States Code.

"(f) Report to Congress.—Not later than 2 years after the first grant is provided under this section, 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 report that evaluates the program carried out under this section that includes—

"(1) a description of the number of grants provided under this section;

"(2) the amount of each grant provided under this section;

"(3) the activities carried out with a grant provided under this section; and

"(4) the effectiveness of such activities in meeting the objectives described in subsection (a).

"(g) Funding.—

"(1) Federal share.—

"(A) In general.—Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant provided under this section shall not exceed 50 percent of the total project cost.

"(B) Waiver.—The Secretary may increase the Federal share under subparagraph (A) to up to 75 percent for a project carried out using a grant provided under this section by a governmental entity if such entity—

"(i) submits a written application to the Secretary requesting an increase in the Federal share; and

"(ii) demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or any other uses that the Secretary determines to be appropriate.

"(2) Authorization of appropriations.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the following amounts are authorized to carry out this section:

"(A) $12,000,000 for fiscal year 2025.

"(B) $12,000,000 for fiscal year 2026.

"(C) $12,000,000 for fiscal year 2027.

"(D) $12,000,000 for fiscal year 2028.

"(h) Definitions.—In this section:

"(1) Critical infrastructure.—The term 'critical infrastructure' has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).

"(2) Element of critical infrastructure.—The term 'element of critical infrastructure' means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as determined by the Secretary.

"(3) Governmental entity.—The term 'governmental entity' means—

"(A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof;

"(B) a unit of local government;

"(C) a Tribal government;

"(D) a metropolitan planning organization; or

"(E) a consortia of more than 1 of the entities described in subparagraphs (A) through (D).

"(4) Project.—The term 'project' means a project for the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure."

[For definitions of terms used in section 912 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.]

UAS Integration Strategy

Pub. L. 118–63, title IX, §921, May 16, 2024, 138 Stat. 1354, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall implement the recommendations made by—

"(1) the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report of the Government Accountability Office titled 'Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace System', issued in January 2023 (GAO–23–105189); and

"(2) the inspector general of the Department of Transportation to the Administrator contained in the audit report of the inspector general titled 'FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration', issued in April 2022 (Project ID: AV2022027).

"(b) Briefing.—Not later than 12 months after the date of enactment of this Act [May 16, 2024], and annually thereafter through 2028, the Administrator shall 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] that—

"(1) provides a status update on the—

"(A) implementation of the recommendations described in subsection (a);

"(B) implementation of statutory provisions related to unmanned aircraft system integration under subtitle B [§§341–384] of title III of division B of the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Tables for classification]; and

"(C) actions taken by the Administrator to implement recommendations related to safe integration of unmanned aircraft systems into the national airspace system included in aviation rulemaking committee reports published after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) [Oct. 5, 2018];

"(2) provides a description of steps taken to achieve the safe integration of such systems into the national airspace system, including milestones and performance metrics to track results;

"(3) provides the costs of executing the integration described in paragraph (2), including any estimates of future Federal resources or investments required to complete such integration; and

"(4) identifies any regulatory or policy changes required to execute the integration described in paragraph (2)."

[For definition of "unmanned aircraft system" as used in section 921 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.]

Third-Party Service Approvals

Pub. L. 118–63, title IX, §932, May 16, 2024, 138 Stat. 1367, provided that:

"(a) Approval Process.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish procedures, which may include a rulemaking, to approve third-party service suppliers, including third-party service suppliers of unmanned aircraft system traffic management, to support the safe integration and commercial operation of unmanned aircraft systems.

"(b) Acceptance of Standards.—In establishing the approval process required under subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, titled 'UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability', are included as an acceptable means of compliance for third-party services.

"(c) Approvals.—In establishing the approval process required under subsection (a), the Administrator shall—

"(1) define and implement criteria and conditions for the approval and oversight of third-party service suppliers that—

"(A) could have a direct or indirect impact on air traffic services in the national airspace system; and

"(B) require FAA [Federal Aviation Administration] oversight; and

"(2) establish procedures by which unmanned aircraft systems can use the capabilities and services of third-party service suppliers to support operations.

"(d) Harmonization.—In carrying out this section, the Administrator shall seek to harmonize, to the extent practicable and advisable, any requirements and guidance for the development, use, and operation of third-party capabilities and services, including UTM, with similar requirements and guidance of other civil aviation authorities.

"(e) Coordination.—In carrying out this section, the Administrator shall consider any relevant information provided by the Administrator of the National Aeronautics and Space Administration regarding research and development efforts the National Aeronautics and Space Administration may have conducted related to the use of UTM providers.

"(f) Third-party Service Supplier Defined.—In this section, the term 'third-party service supplier' means an entity other than the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS service suppliers, supplemental data service providers, and infrastructure providers, such as providers of ground-based surveillance, command-and-control, and information exchange to another party.

"(g) Rules of Construction.—

"(1) Beyond visual line of sight operations.—Nothing in this section shall be construed to prevent or prohibit beyond visual line of sight operations of unmanned aircraft systems, or other types of operations, through the use of technologies other than third-party capabilities and services.

"(2) Airspace.—Nothing in this section shall be construed to alter the authorities provided under section 40103 of title 49, United States Code."

[For definitions of "unmanned aircraft system" and "UTM" as used in section 932 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.]

Drone Advisory Committee for the 21st Century

Pub. L. 116–280, Dec. 31, 2020, 134 Stat. 3379, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Drone Advisory Committee for the 21st Century Act'.

"SEC. 2. SENSE OF CONGRESS.

"It is the Sense of Congress that:

"(1) Due to the ever-increasing use of Unmanned Aircraft Systems in the agriculture, forestry, and rangeland sectors, as well as the inherently different uses in less populated parts of the nation, membership of the Drone Advisory Committee established by the Federal Aviation Administration should, to the extent practicable, include direct representatives from county and tribal government, agriculture, forestry, and rangeland interests.

"(2) Full transparency in the work of the Drone Advisory Committee is vital to ensuring the public can effectively participate and contribute to the development of sound Federal policies. The Administrator of the Federal Aviation Administration should, to the maximum extent practicable, ensure the work of the Drone Advisory Committee is shared with and easily accessible to the public and shall ensure transparency and openness in the manner in which the affairs of the Committee are conducted.

"SEC. 3. DRONE ADVISORY COMMITTEE MEMBERSHIP.

"(1) In general.—The Federal Aviation Administration shall take appropriate steps to encourage direct representation of county and tribal governments as well as agriculture, forestry, rangeland sectors, and other rural interests on the Drone Advisory Committee.

"(2) Public participation.—To the maximum extent practicable, the Administrator shall include public participation in the process of nominating individuals for membership on the Committee."

Update of FAA Comprehensive Plan

Pub. L. 115–254, div. B, title III, §342, Oct. 5, 2018, 132 Stat. 3287, provided that:

"(a) In General.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall update the comprehensive plan described in section 44802 of title 49, United States Code, to develop a concept of operations for the integration of unmanned aircraft into the national airspace system.

"(b) Considerations.—In carrying out the update under subsection (a), the Secretary shall consider, at a minimum—

"(1) the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system;

"(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft;

"(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and

"(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems.

"(c) Consultation.—The Secretary shall carry out the update under subsection (a) in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry.

"(d) Program Alignment Report.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], 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 report that describes a strategy to—

"(1) avoid duplication;

"(2) leverage capabilities learned across programs;

"(3) support the safe integration of UAS into the national airspace; and

"(4) systematically and timely implement or execute—

"(A) commercially-operated Low Altitude Authorization and Notification Capability;

"(B) the Unmanned Aircraft System Integration Pilot Program; and

"(C) the Unmanned Traffic Management Pilot Program."

Unmanned Aircraft Systems Integration Pilot Program

Pub. L. 115–254, div. B, title III, §351, Oct. 5, 2018, 132 Stat. 3301, provided that:

"(a) Authority.—The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301 [set out below].

"(b) Applications.—The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the low-altitude national airspace system.

"(c) Objectives.—The purpose of the pilot program is to accelerate existing UAS integration plans by working to solve technical, regulatory, and policy challenges, while enabling advanced UAS operations in select areas subject to ongoing safety oversight and cooperation between the Federal Government and applicable State, local, or Tribal jurisdictions, in order to—

"(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;

"(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk;

"(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and

"(4) identify the most effective models of balancing local and national interests in UAS integration.

"(d) Application Submission.—The Secretary shall establish application requirements and require applicants to include the following information:

"(1) Identification of the airspace to be used, including shape files and altitudes.

"(2) Description of the types of planned operations.

"(3) Identification of stakeholder partners to test and evaluate planned operations.

"(4) Identification of available infrastructure to support planned operations.

"(5) Description of experience with UAS operations and regulations.

"(6) Description of existing UAS operator and any other stakeholder partnerships and experience.

"(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.

"(e) Monitoring and Enforcement of Limitations.—

"(1) In general.—Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction.

"(2) Savings provision.—Nothing in paragraph (1) may be construed to prevent the Secretary from enforcing Federal law.

"(3) Examples of limitations.—Limitations under this section may include—

"(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access;

"(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road[s] and parks, sidewalks or private property based on zoning density, or other land use considerations;

"(C) requiring notice to public safety or zoning or land use authorities before operating; and

"(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events).

"(f) Selection Criteria.—In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria:

"(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.

"(2) Overall diversity of the proposed models of government involvement.

"(3) Overall diversity of the UAS operations to be conducted.

"(4) The location of critical infrastructure.

"(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS.

"(6) The involvement of affected communities in, and their support for, participating in the pilot program.

"(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.

"(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:

"(A) Promoting innovation and economic development.

"(B) Enhancing transportation safety.

"(C) Enhancing workplace safety.

"(D) Improving emergency response and search and rescue functions.

"(E) Using radio spectrum efficiently and competitively.

"(g) Implementation.—The Secretary shall use the data collected and experience gained over the course of this pilot program to—

"(1) identify and resolve technical challenges to UAS integration;

"(2) address airspace use to safely and efficiently integrate all aircraft;

"(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link);

"(4) inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and

"(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues.

"(h) Notification.—Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations in the Senate.

"(i) Sunset.—The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum referenced in subsection (a) is signed by the President [Oct. 25, 2017].

"(j) Savings Clause.—Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions made—

"(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled 'Unmanned Aircraft Systems Integration Pilot Program', as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and

"(2) prior to the date of enactment of this Act [Oct. 5, 2018].

"(k) Definitions.—In this section:

"(1) The term 'Lead Applicant' means an eligible State, local or Tribal government that has submitted a timely application.

"(2) The term 'NAS' means the low-altitude national airspace system.

"(3) The term 'UAS' means unmanned aircraft system."

Part 107 Transparency and Technology Improvements

Pub. L. 115–254, div. B, title III, §352, Oct. 5, 2018, 132 Stat. 3304, provided that:

"(a) Transparency.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall publish on the FAA [Federal Aviation Administration] website a representative sample of the safety justifications, offered by applicants for small unmanned aircraft system waivers and airspace authorizations, that have been approved by the Administration for each regulation waived or class of airspace authorized, except that any published justification shall not reveal proprietary or commercially sensitive information.

"(b) Technology Improvements.—Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the online waiver and certificates of authorization processes—

"(1) to provide real time confirmation that an application filed online has been received by the Administration; and

"(2) to provide an applicant with an opportunity to review the status of the applicant's application."

Emergency Exemption Process

Pub. L. 115–254, div. B, title III, §353, Oct. 5, 2018, 132 Stat. 3304, provided that:

"(a) Sense of Congress.—It is the sense of Congress that the use of unmanned aircraft systems by civil and public operators—

"(1) is an increasingly important tool in response to a catastrophe, disaster, or other emergency;

"(2) helps facilitate emergency response operations, such as firefighting and search and rescue; and

"(3) helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt processing, adjustment, and payment of insurance claims.

"(b) Updates.—The Administrator [of the Federal Aviation Administration] shall, as necessary, update and improve the Special Government Interest process described in chapter 7 of Federal Aviation Administration Order JO 7200.23A to ensure that civil and public operators, including local law enforcement agencies and first responders, continue to use unmanned aircraft system operations quickly and efficiently in response to a catastrophe, disaster, or other emergency.

"(c) Best Practices.—The Administrator shall develop best practices for the use of unmanned aircraft systems by States and localities to respond to a catastrophe, disaster, or other emergency response and recovery operation."

Treatment of Unmanned Aircraft Operating Underground

Pub. L. 115–254, div. B, title III, §354, Oct. 5, 2018, 132 Stat. 3305, provided that: "An unmanned aircraft system that is operated underground for mining purposes shall not be subject to regulation or enforcement by the FAA [Federal Aviation Administration] under title 49, United States Code."

Prohibition Regarding Weapons

Pub. L. 115–254, div. B, title III, §363, Oct. 5, 2018, 132 Stat. 3308, provided that:

"(a) In General.—Unless authorized by the Administrator [of the Federal Aviation Administration], a person may not operate an unmanned aircraft or unmanned aircraft system that is equipped or armed with a dangerous weapon.

"(b) Dangerous Weapon Defined.—In this section, the term 'dangerous weapon' has the meaning given that term in section 930(g)(2) of title 18, United States Code.

"(c) Penalty.—A person who violates this section is liable to the United States Government for a civil penalty of not more than $25,000 for each violation."

Plan for Full Operational Capability of Unmanned Aircraft Systems Traffic Management

Pub. L. 115–254, div. B, title III, §376, Oct. 5, 2018, 132 Stat. 3314, provided that:

"(a) In General.—In conjunction with completing the requirements of section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), subject to subsection (b) of this section, the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with unmanned aircraft systems industry stakeholders, shall develop a plan to allow for the implementation of unmanned aircraft systems traffic management (UTM) services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and security of all aircraft.

"(b) Completion of UTM System Pilot Program.—The Administrator shall ensure that the UTM system pilot program, as established in section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), is conducted to meet the following objectives of a comprehensive UTM system by the conclusion of the pilot program:

"(1) In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in section 44801 of title 49, United States Code, as well as other sites determined by the Administrator to be suitable for UTM testing, including those locations selected under the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301 [set out below].

"(2) Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee.

"(3) Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the ground.

"(c) Implementation Plan Contents.—The plan required by subsection (a) shall—

"(1) include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the demonstration and validation of such services at the test ranges, as defined in section 44801 of title 49, United States Code, or other sites as authorized by the Administrator;

"(2) outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low Altitude Authorization and Notification Capability and future expanded UTM services;

"(3) include an assessment of various components required for necessary risk reduction and mitigation in relation to the use of UTM services, including—

"(A) remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system;

"(B) deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services;

"(C) the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between UTM service providers and air traffic control;

"(D) the need for additional technologies to detect cooperative and non-cooperative aircraft;

"(E) collaboration and coordination with air traffic control, or management services and technologies to ensure the safety oversight of manned and unmanned aircraft, including—

"(i) the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and

"(ii) data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace System;

"(F) the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and

"(G) cybersecurity protections, data integrity, and national and homeland security benefits; and

"(4) establish a process for—

"(A) accepting applications for operation of UTM services in the national airspace system;

"(B) setting the standards for independent private sector validation and verification that the standards for UTM services established pursuant to paragraph (1) enabling operations beyond visual line of sight, have been met by applicants; and

"(C) notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval, disapproval, or request to modify the application.

"(d) Safety Standards.—In developing the safety standards in subsection (c)(1), the Administrator—

"(1) shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations;

"(2) shall consider, as appropriate—

"(A) protection of persons and property on the ground;

"(B) remote identification and tracking of aircraft;

"(C) collision avoidance with respect to obstacles and non-cooperative aircraft;

"(D) deconfliction of cooperative aircraft and integration of other relevant airspace considerations;

"(E) right of way rules, inclusive of UAS operations;

"(F) safe and reliable coordination between air traffic control and other systems operated in the national airspace system;

"(G) detection of non-cooperative aircraft;

"(H) geographic and local factors including but not limited to terrain, buildings and structures;

"(I) aircraft equipage; and

"(J) qualifications, if any, necessary to operate UTM services; and

"(3) may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization (COA) for demonstration and validation of UTM services.

"(e) Revocation.—The Administrator may revoke the permission, authorization, or approval for the operation of UTM services if the Administrator determines that the services or its operator are no longer in compliance with applicable safety standards.

"(f) Low-risk Areas.—The Administrator shall establish expedited procedures for approval of UTM services operated in—

"(1) airspace away from congested areas; or

"(2) other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator.

"(g) Consultation.—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.

"(h) Sense of Congress.—It is the sense of Congress that, in developing the safety standards for UTM services, the Federal Aviation Administration shall consider ongoing research and development efforts on UTM services conducted by—

"(1) the National Aeronautics and Space Administration in partnership with industry stakeholders;

"(2) the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]); and

"(3) the participants in the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301.

"(i) Deadline.—Not later than 1 year after the date of conclusion of the UTM pilot program established in section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), the Administrator shall—

"(1) complete the plan required by subsection (a);

"(2) submit the plan to—

"(A) the Committee on Commerce, Science, and Transportation of the Senate; and

"(B) the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and

"(3) publish the plan on a publicly accessible Internet website of the Federal Aviation Administration."

Early Implementation of Certain UTM Services

Pub. L. 115–254, div. B, title III, §377, Oct. 5, 2018, 132 Stat. 3317, provided that:

"(a) In General.—Not later than 120 days after the date of the enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall, upon request of a UTM service provider, determine if certain UTM services may operate safely in the national airspace system before completion of the implementation plan required by section 376 [set out above].

"(b) Assessment of UTM Services.—In making the determination under subsection (a), the Administrator shall assess, at a minimum, whether the proposed UTM services, as a result of their operational capabilities, reliability, intended use, areas of operation, and the characteristics of the aircraft involved, will maintain the safety and efficiency of the national airspace system and address any identified risks to manned or unmanned aircraft and persons and property on the ground.

"(c) Requirements for Safe Operation.—If the Administrator determines that certain UTM services may operate safely in the national airspace system, the Administrator shall establish requirements for their safe operation in the national airspace system.

"(d) Expedited Procedures.—The Administrator shall provide expedited procedures for making the assessment and determinations under this section where the UTM services will be provided primarily or exclusively in airspace above areas in which the operation of unmanned aircraft poses low risk, including but not limited to croplands and areas other than congested areas.

"(e) Consultation.—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.

"(f) Preexisting UTM Services Approvals.—Nothing in this Act [see Tables for classification] shall affect or delay approvals, waivers, or exemptions granted by the Administrator for UTM services already in existence or approved by the Administrator prior to the date of enactment of this Act [Oct. 5, 2018], including approvals under the Low Altitude Authorization and Notification Capability."

Transition Language

Pub. L. 115–254, div. B, title III, §380, Oct. 5, 2018, 132 Stat. 3319, provided that:

"(a) Regulations.—Notwithstanding the repeals under sections 341, 348 [probably should be "346"], 347, and 383 of this Act [repealing the provisions listed in subsec. (b)(1) to (4) below], all orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under any law described under subsection (b) of this section before the effective date of this Act [probably means Oct. 5, 2018, the date of enactment of Pub. L. 115–254] shall continue in effect until modified or revoked by the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this Act [see Tables for classification].

"(b) Laws Described.—The laws described under this subsection are as follows:

"(1) Section 332 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note).

"(2) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

"(3) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

"(4) Section 2206 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).

"(c) Effect on Pending Proceedings.—This Act shall not affect administrative or judicial proceedings pending on the effective date of this Act."

Unmanned Aircraft Systems Research and Development Roadmap

Pub. L. 115–254, div. B, title VII, §721, Oct. 5, 2018, 132 Stat. 3411, provided that: "The Secretary [of Transportation] shall submit the unmanned aircraft systems roadmap to Congress on an annual basis as required under section 48802(a) [probably should be "44802(a)"] of title 49, United States Code, as added by this Act."

Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems

Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, provided that:

"(a) Collaboration.—

"(1) In general.—The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems.

"(2) Elements.—The collaboration described in paragraph (1) may include, as appropriate, the following:

"(A) Sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system.

"(B) The development of civil standards, policies, and procedures for the Federal Aviation Administration for integrating unmanned aircraft systems in the national airspace system by leveraging the historical and current testing, training, and operational experiences of the Department of Defense, particularly the Air Force, of unmanned flight operations[.]

"(C) Informing stakeholders about—

"(i) the development of airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems; and

"(ii) research and development on unmanned aircraft systems, especially with respect to matters involving human factors, information assurance, and security.

"(b) Participation by FAA in DOD Activities.—

"(1) In general.—The Administrator of the Federal Aviation Administration may participate, and provide assistance to the Secretary of Defense for activities during the test and evaluation efforts of the Department of Defense, including the Air Force, relating to airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems.

"(2) Participation through test sites.—Participation under paragraph (1) may include provision of assistance through Department of Defense unmanned aircraft systems test sites or a Federal Aviation Administration test range.

"(c) Definitions.—In this section, the terms 'unmanned aircraft system' and 'test range' have the meaning given such terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]).

"(d) Restoration of Rules for Registration and Marking of Unmanned Aircraft.—The rules adopted by the Administrator of the Federal Aviation Administration in the matter of registration and marking requirements for small unmanned aircraft (FAA-2015-7396; published on December 16, 2015) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 15-1495; decided on May 19, 2017) shall be restored to effect on the date of enactment of this Act [Dec. 12, 2017]."

UAS Safety

Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended by Pub. L. 115–254, div. B, title III, §§346(b)(3), 369, 383(b)(2), Oct. 5, 2018, 132 Stat. 3295, 3311, 3322; Pub. L. 118–63, title IX, §929(a), May 16, 2024, 138 Stat. 1365, provided that:

"SEC. 2201. DEFINITIONS.

"(a) Definitions Applied.—In this subtitle, the terms 'unmanned aircraft', 'unmanned aircraft system', and 'small unmanned aircraft' have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), as amended by this Act.

"(b) FAA Modernization and Reform Act.—[Amended section 331 of Pub. L. 112–95, set out in a note below.]

"SEC. 2202. IDENTIFICATION STANDARDS.

"(a) In General.—The Administrator of the Federal Aviation Administration, in consultation with the Secretary of Transportation, the President of RTCA, Inc., and the Director of the National Institute of Standards and Technology, shall convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated unmanned aircraft.

"(b) Considerations.—As part of any standards developed under subsection (a), the Administrator shall ensure the consideration of—

"(1) requirements for remote identification of unmanned aircraft systems;

"(2) appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and

"(3) the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators thereof, and any criteria for exclusion from the database.

"(c) Deadline.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], 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 any standards developed under subsection (a).

"(d) Guidance.—Not later than 1 year after the date on which the Administrator submits the report under subsection (c), the Administrator shall issue regulations or guidance, as appropriate, based on any standards developed under subsection (a).

"SEC. 2203. SAFETY STATEMENTS.

"(a) Required Information.—Beginning on the date that is 1 year after the date of publication of the guidance under subsection (b)(1), a manufacturer of a small unmanned aircraft shall make available to the owner at the time of delivery of the small unmanned aircraft the safety statement described in subsection (b)(2).

"(b) Safety Statement.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall issue guidance for implementing this section.

"(2) Requirements.—A safety statement required under subsection (a) shall include—

"(A) information about, and sources of, laws and regulations applicable to small unmanned aircraft;

"(B) recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property;

"(C) the date that the safety statement was created or last modified; and

"(D) language approved by the Administrator regarding the following:

"(i) A person may operate the small unmanned aircraft as a model aircraft (as defined in [former] section 336 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note)) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of any applicable airman test.

"(ii) The definition of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).

"(iii) The requirements regarding the operation of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).

"(iv) The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system.

"(c) Civil Penalty.—A person who violates subsection (a) shall be liable for each violation to the United States Government for a civil penalty described in section 46301(a) of title 49, United States Code.

"SEC. 2204. FACILITATING INTERAGENCY COOPERATION FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS AND UTILITY RESTORATION.

"(a) Firefighting Operations.—The Administrator of the Federal Aviation Administration shall enter into agreements with the Secretary of the Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations in support of firefighting operations consistent with the requirements of section 44806 of title 49, United States Code.

"(b) Utility Restoration.—The Administrator shall enter into agreements with the Secretary of Energy and with such other agencies or parties, including the Federal Emergency Management Agency, as are necessary to facilitate the expeditious authorization of safe unmanned aircraft system operations in support of service restoration efforts of utilities.

"(c) Definition of Utility.—In this section, the term 'utility' shall at a minimum include the definition in section 3(4) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)).

"SEC. 2205. INTERFERENCE WITH WILDFIRE SUPPRESSION, LAW ENFORCEMENT, OR EMERGENCY RESPONSE EFFORT BY OPERATION OF UNMANNED AIRCRAFT.

"(a) In General.—[Enacted section 46320 of this title.]

"(b) FAA To Impose Civil Penalty.—[Amended section 46301 of this title.]

"(c) Clerical Amendment.—[Amended analysis of chapter 463 of this title.]

"[SEC. 2206. Repealed. Pub. L. 115–254, div. B, title III, §383(b)(2), Oct. 5, 2018, 132 Stat. 3322.]

"SEC. 2207. EMERGENCY EXEMPTION PROCESS.

"(a) In General.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall publish guidance for applications for, and procedures for the processing of, on an emergency basis, exemptions or certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe, disaster, or other emergency to facilitate emergency response operations, such as firefighting, search and rescue, and utility and infrastructure restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems engaged in emergency response activities.

"(b) Requirements.—In providing guidance under subsection (a), the Administrator shall—

"(1) make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and

"(2) explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.

"(c) Review.—In processing applications on an emergency basis for exemptions or certificates of authorization or waiver for unmanned aircraft systems operations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such applications as expeditiously as practicable and without requiring public notice and comment.

"SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.

"(a) Research Plan for UTM Development and Deployment.—

"(1) In general.—The Administrator of the Federal Aviation Administration (in this section referred to as the 'Administrator'), in coordination with the Administrator of the National Aeronautics and Space Administration, shall continue development of a research plan for unmanned aircraft systems traffic management (in this section referred to as 'UTM') development and deployment.

"(2) Requirements.—In developing the research plan, the Administrator shall—

"(A) identify research outcomes sought; and

"(B) ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system.

"(3) Assessment.—The research plan shall include an assessment of the interoperability of a UTM system with existing and potential future air traffic management systems and processes.

"(4) Deadlines.—The Administrator shall—

"(A) initiate development of the research plan not later than 60 days after the date of enactment of this Act [July 15, 2016]; and

"(B) not later than 180 days after the date of enactment of this Act—

"(i) complete the research plan;

"(ii) submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and

"(iii) publish the research plan on the Internet Web site of the Federal Aviation Administration.

"(b) Pilot Program.—

"(1) In general.—Not later than 90 days after the date of submission of the research plan under subsection (a)(4)(B), the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Committee, the research advisory committee established by section 44508(a) of title 49, United States Code, and representatives of the unmanned aircraft industry, shall establish a UTM system pilot program.

"(2) Sunset.—Not later than 2 years after the date of establishment of the pilot program, the Administrator shall conclude the pilot program.

"(c) Updates.—Not later than 180 days after the date of establishment of the pilot program, and every 180 days thereafter until the date of conclusion of the pilot program, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives an update on the status and progress of the pilot program.

"SEC. 2209. APPLICATIONS FOR DESIGNATION.

"(a) Applications for Designation.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict, including temporarily, the operation of an unmanned aircraft in close proximity to a fixed site facility.

"(b) Review Process.—

"(1) Application procedures.—

"(A) In general.—The Administrator shall establish the procedures for the application for designation under subsection (a).

"(B) Requirements.—The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually or collectively.

"(C) Considerations.—Only the following may be considered fixed site facilities:

"(i) Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities.

"(ii) Oil refineries and chemical facilities.

"(iii) Amusement parks.

"(iv) State prisons.

"(2) Determination.—

"(A) In general.—The Secretary shall provide for a determination under the review process established under subsection (a) not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay.

"(B) Affirmative designations.—An affirmative designation shall outline—

"(i) the boundaries for unmanned aircraft operation near the fixed site facility; and

"(ii) such other limitations that the Administrator determines may be appropriate.

"(C) Considerations.—In making a determination whether to grant or deny an application for a designation, the Administrator may consider—

"(i) aviation safety;

"(ii) protection of persons and property on the ground;

"(iii) national security; or

"(iv) homeland security.

"(D) Opportunity for resubmission.—If an application is denied, and the applicant can reasonably address the reason for the denial, the Administrator may allow the applicant to reapply for designation.

"(c) Public Information.—Designations under subsection (a) shall be published by the Federal Aviation Administration on a publicly accessible website.

"(d) Savings Clause.—Nothing in this section may be construed as prohibiting the Administrator from authorizing operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from that fixed site facility designated under subsection (b).

"(e) Deadlines.—

"(1) Not later than March 31, 2019, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.

"(2) Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule.

"(f) Deadlines.—

"(1) Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024 [May 16, 2024], the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.

"(2) Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1).

"(g) Definition of State Prison.—In this section, the term 'State prison' means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the confinement of individuals convicted of a felony.

"SEC. 2210. OPERATIONS ASSOCIATED WITH CRITICAL INFRASTRUCTURE.

"(a) In General.—Any application process established under [former] section 333 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note) shall allow for a person to apply to the Administrator of the Federal Aviation Administration to operate an unmanned aircraft system, for purposes of conducting an activity described in subsection (b)—

"(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and

"(2) during the day or at night.

"(b) Activities Described.—The activities described in this subsection are—

"(1) activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—

"(A) activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and

"(B) activities relating to ensuring compliance with—

"(i) parts 192 and 195 of title 49, Code of Federal Regulations; and

"(ii) the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities;

"(2) activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and

"(3) activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility.

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

"(1) Covered facility.—The term 'covered facility' means—

"(A) a pipeline or pipeline system;

"(B) an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility);

"(C) an oil or gas production, refining, or processing facility; or

"(D) any other critical infrastructure facility.

"(2) Critical infrastructure.—The term 'critical infrastructure' has the meaning given that term in section 2339D of title 18, United States Code.

"(d) Deadlines.—

"(1) Certification to congress.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], 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 certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section.

"(2) Failure to meet certification deadline.—If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in paragraph (1), shall update the process under [former] section 333 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section.

"(e) Exemptions.—In addition to the operations described in this section, the Administrator may authorize, exempt, or otherwise allow other unmanned aircraft systems operations under [former] section 333 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note) that are conducted beyond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night.

"SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP.

[Amended section 332 of Pub. L. 112–95, formerly set out in a note below.]

"SEC. 2212. UNMANNED AIRCRAFT SYSTEMS-MANNED AIRCRAFT COLLISION RESEARCH.

"(a) Research.—The Administrator of the Federal Aviation Administration (in this section referred to as the 'Administrator'), in continuation of ongoing work, shall coordinate with the Administrator of the National Aeronautics and Space Administration to develop a program to conduct comprehensive testing or modeling of unmanned aircraft systems colliding with various sized aircraft in various operational settings, as considered appropriate by the Administrator, including—

"(1) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds;

"(2) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds;

"(3) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and

"(4) collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including—

"(A) windshields;

"(B) noses;

"(C) engines;

"(D) radomes;

"(E) propellers; and

"(F) wings.

"(b) Report.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the costs and results of research under this section.

"SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT STUDY.

"(a) Study.—Not later than 30 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Academies to study the potential use of probabilistic assessments of risks by the Administration to streamline the integration of unmanned aircraft systems into the national airspace system, including any research and development necessary.

"(b) Completion Date.—Not later than 1 year after the date of enactment of this Act, the Administrator shall provide the results of the study to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate."

Unmanned Aircraft Joint Training and Usage Plan

Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, provided that:

"(1) Methods.—The Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly develop and implement plans and procedures to review the potential of joint testing and evaluation of unmanned aircraft equipment and systems with other appropriate departments and agencies of the Federal Government that may serve the dual purpose of providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and domestically to strengthen international border security.

"(2) Report.—Not later than 270 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly submit to Congress a report on the status of the development of the plans and procedures required under paragraph (1), including a cost-benefit analysis of the shared expenses between the Department of Defense and other appropriate departments and agencies of the Federal Government to support such plans."

Interagency Collaboration

Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, provided that:

"(b) Interagency Collaboration.—

"(1) In general.—The Secretary of Defense shall collaborate with the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration to conduct research and seek solutions to challenges associated with the safe integration of unmanned aircraft systems into the National Airspace System in accordance with subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 126 Stat. 72) [49 U.S.C. 44802 note].

"(2) Activities in support of plan on access to national airspace for unmanned aircraft systems.—Collaboration under paragraph (1) may include research and development of scientific and technical issues, equipment, and technology in support of the plan to safely accelerate the integration of unmanned aircraft systems as required by subtitle B of title III of the FAA Modernization and Reform Act of 2012.

"(3) Nonduplicative efforts.—If the Secretary of Defense determines it is in the interest of the Department of Defense, the Secretary may use existing aerospace-related laboratories, personnel, equipment, research radars, and ground facilities of the Department of Defense to avoid duplication of efforts in carrying out collaboration under paragraph (1).

"(4) Reports.—

"(A) Requirement.—The Secretary of Defense, on behalf of the UAS Executive Committee, shall annually submit to the congressional defense committees, the Committee on Transportation and Infrastructure, and 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 progress of research activity of the Department of Defense, including—

"(i) progress in accomplishing the goals of the unmanned aircraft systems research, development, and demonstration as related to the Department of Defense Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of October 2010, and any ongoing and collaborative research and development programs with the Federal Aviation Administration and the National Aeronautics and Space Administration;

"(ii) estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President that support integration into the National Airspace; and

"(iii) progress in sharing with the Federal Aviation Administration safety operational and performance data as it relates to unmanned aircraft system operation and the impact on the National Airspace System.

"(B) Termination.—The requirement to submit a report under subparagraph (A) shall terminate on the date that is 5 years after the date of the enactment of this Act [Jan. 2, 2013].

"(c) UAS Executive Committee Defined.—In this section, the term 'UAS Executive Committee' means the National Aeronautics and Space and [sic] Administration and the Department of Defense–Federal Aviation Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 [Pub. L. 110–417; 122 Stat. 4597] and established by the Secretary of Defense and the Administrator of the Federal Aviation Administration."

Unmanned Aircraft Systems

Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended by Pub. L. 114–190, title I, §1102(i), title II, §§2201(b), 2211, July 15, 2016, 130 Stat. 618, 628, 636; Pub. L. 115–254, div. B, title III, §§341(b)(2), 346(b)(2), 347(b)(2), 349(b)(2), Oct. 5, 2018, 132 Stat. 3287, 3295, 3296, 3300, provided that:

"SEC. 331. DEFINITIONS.

"In this subtitle, the following definitions apply:

"(1) Arctic.—The term 'Arctic' means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.

"(2) Certificate of waiver; certificate of authorization.—The terms 'certificate of waiver' and 'certificate of authorization' mean a Federal Aviation Administration grant of approval for a specific flight operation.

"(3) Permanent areas.—The term 'permanent areas' means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.

"(4) Public unmanned aircraft system.—The term 'public unmanned aircraft system' means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft (as defined in section 40102 of title 49, United States Code).

"(5) Sense and avoid capability.—The term 'sense and avoid capability' means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft.

"(6) Small unmanned aircraft.—The term 'small unmanned aircraft' means an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft.

"(7) Test range.—

"(A) In general.—The term 'test range' means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration.

"(B) Inclusions.—The term 'test range' includes any of the 6 test ranges established by the Administrator of the Federal Aviation Administration under section 332(c), as in effect on the day before the date of enactment of this subparagraph [July 15, 2016], and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.

"(8) Unmanned aircraft.—The term 'unmanned aircraft' means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

"(9) Unmanned aircraft system.—The term 'unmanned aircraft system' means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.

"[SEC. 332. Repealed. Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287.]

"[SEC. 333. Repealed. Pub. L. 115–254, div. B, title III, §347(b)(2), Oct. 5, 2018, 132 Stat. 3296.]

"[SEC. 334. Repealed. Pub. L. 115–254, div. B, title III, §346(b)(2), Oct. 5, 2018, 132 Stat. 3295.]

"SEC. 335. SAFETY STUDIES.

"The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system.

"[SEC. 336. Repealed. Pub. L. 115–254, div. B, title III, §349(b)(2), Oct. 5, 2018, 132 Stat. 3300.]"

Unmanned Aerial Systems and National Airspace

Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, provided that:

"(a) Establishment.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Administrator of the Federal Aviation Administration shall establish a program to integrate unmanned aircraft systems into the national airspace system at six test ranges.

"(b) Program Requirements.—In establishing the program under subsection (a), the Administrator shall—

"(1) safely designate nonexclusionary airspace for integrated manned and unmanned flight operations in the national airspace system;

"(2) develop certification standards and air traffic requirements for unmanned flight operations at test ranges;

"(3) coordinate with and leverage the resources of the Department of Defense and the National Aeronautics and Space Administration;

"(4) address both civil and public unmanned aircraft systems;

"(5) ensure that the program is coordinated with the Next Generation Air Transportation System; and

"(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system.

"(c) Locations.—In determining the location of a test range for the program under subsection (a), the Administrator shall—

"(1) take into consideration geographic and climatic diversity;

"(2) take into consideration the location of ground infrastructure and research needs; and

"(3) consult with the Department of Defense and the National Aeronautics and Space Administration.

"(d) Test Range Operation.—A project at a test range shall be operational not later than 180 days after the date on which the project is established.

"(e) Report.—Not later than 90 days after the date of completing each of the pilot projects, the Administrator shall submit to the appropriate congressional committees a report setting forth the Administrator's findings and conclusions concerning the projects that includes a description and assessment of the progress being made in establishing special use airspace to fill the immediate need of the Department of Defense to develop detection techniques for small unmanned aircraft systems and to validate sensor integration and operation of unmanned aircraft systems.

"(f) Duration.—The program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 31, 2011].

"(g) Definition.—In this section:

"(1) The term 'appropriate congressional committees' means—

"(A) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House of Representatives; and

"(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

"(2) The term 'test range' means a defined geographic area where research and development are conducted."

Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems

Memorandum of President of the United States, Feb. 15, 2015, 80 F.R. 9355, provided:

Memorandum for the Heads of Executive Departments and Agencies

Unmanned Aircraft Systems (UAS) technology continues to improve rapidly, and increasingly UAS are able to perform a variety of missions with greater operational flexibility and at a lower cost than comparable manned aircraft. A wide spectrum of domestic users—including industry, private citizens, and Federal, State, local, tribal, and territorial governments—are using or expect to use these systems, which may play a transformative role in fields as diverse as urban infrastructure management, farming, public safety, coastal security, military training, search and rescue, and disaster response.

The Congress recognized the potential wide-ranging benefits of UAS operations within the United States in the FAA Modernization and Reform Act of 2012 (Public Law 112–95), which requires a plan to safely integrate civil UAS into the National Airspace System (NAS) by September 30, 2015. As compared to manned aircraft, UAS may provide lower-cost operation and augment existing capabilities while reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of the integration of UAS into the NAS could be substantial and likely will grow for the foreseeable future.

As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish transparent principles that govern the Federal Government's use of UAS in the NAS, and to promote the responsible use of this technology in the private and commercial sectors, it is hereby ordered as follows:

Section 1. UAS Policies and Procedures for Federal Government Use. The Federal Government currently operates UAS in the United States for several purposes, including to manage Federal lands, monitor wildfires, conduct scientific research, monitor our borders, support law enforcement, and effectively train our military. As with information collected by the Federal Government using any technology, where UAS is the platform for collection, information must be collected, used, retained, and disseminated consistent with the Constitution, Federal law, and other applicable regulations and policies. Agencies must, for example, comply with the Privacy Act of 1974 (5 U.S.C. 552a) (the "Privacy Act"), which, among other things, restricts the collection and dissemination of individuals' information that is maintained in systems of records, including personally identifiable information (PII), and permits individuals to seek access to and amendment of records.

(a) Privacy Protections. Particularly in light of the diverse potential uses of UAS in the NAS, expected advancements in UAS technologies, and the anticipated increase in UAS use in the future, the Federal Government shall take steps to ensure that privacy protections and policies relative to UAS continue to keep pace with these developments. Accordingly, agencies shall, prior to deployment of new UAS technology and at least every 3 years, examine their existing UAS policies and procedures relating to the collection, use, retention, and dissemination of information obtained by UAS, to ensure that privacy, civil rights, and civil liberties are protected. Agencies shall update their policies and procedures, or issue new policies and procedures, as necessary. In addition to requiring compliance with the Privacy Act in applicable circumstances, agencies that collect information through UAS in the NAS shall ensure that their policies and procedures with respect to such information incorporate the following requirements:

(i) Collection and Use. Agencies shall only collect information using UAS, or use UAS-collected information, to the extent that such collection or use is consistent with and relevant to an authorized purpose.

(ii) Retention. Information collected using UAS that may contain PII shall not be retained for more than 180 days unless retention of the information is determined to be necessary to an authorized mission of the retaining agency, is maintained in a system of records covered by the Privacy Act, or is required to be retained for a longer period by any other applicable law or regulation.

(iii) Dissemination. UAS-collected information that is not maintained in a system of records covered by the Privacy Act shall not be disseminated outside of the agency unless dissemination is required by law, or fulfills an authorized purpose and complies with agency requirements.

(b) Civil Rights and Civil Liberties Protections. To protect civil rights and civil liberties, agencies shall:

(i) ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law;

(ii) ensure that UAS activities are performed in a manner consistent with the Constitution and applicable laws, Executive Orders, and other Presidential directives; and

(iii) ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties complaints.

(c) Accountability. To provide for effective oversight, agencies shall:

(i) ensure that oversight procedures for agencies' UAS use, including audits or assessments, comply with existing agency policies and regulations;

(ii) verify the existence of rules of conduct and training for Federal Government personnel and contractors who work on UAS programs, and procedures for reporting suspected cases of misuse or abuse of UAS technologies;

(iii) establish policies and procedures, or confirm that policies and procedures are in place, that provide meaningful oversight of individuals who have access to sensitive information (including any PII) collected using UAS;

(iv) ensure that any data-sharing agreements or policies, data use policies, and record management policies applicable to UAS conform to applicable laws, regulations, and policies;

(v) establish policies and procedures, or confirm that policies and procedures are in place, to authorize the use of UAS in response to a request for UAS assistance in support of Federal, State, local, tribal, or territorial government operations; and

(vi) require that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of UAS for their own operations have in place policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to expending such funds.

(d) Transparency. To promote transparency about their UAS activities within the NAS, agencies that use UAS shall, while not revealing information that could reasonably be expected to compromise law enforcement or national security:

(i) provide notice to the public regarding where the agency's UAS are authorized to operate in the NAS;

(ii) keep the public informed about the agency's UAS program as well as changes that would significantly affect privacy, civil rights, or civil liberties; and

(iii) make available to the public, on an annual basis, a general summary of the agency's UAS operations during the previous fiscal year, to include a brief description of types or categories of missions flown, and the number of times the agency provided assistance to other agencies, or to State, local, tribal, or territorial governments.

(e) Reports. Within 180 days of the date of this memorandum, agencies shall provide the President with a status report on the implementation of this section. Within 1 year of the date of this memorandum, agencies shall publish information on how to access their publicly available policies and procedures implementing this section.

Sec. 2. Multi-stakeholder Engagement Process. In addition to the Federal uses of UAS described in section 1 of this memorandum, the combination of greater operational flexibility, lower capital requirements, and lower operating costs could allow UAS to be a transformative technology in the commercial and private sectors for fields as diverse as urban infrastructure management, farming, and disaster response. Although these opportunities will enhance American economic competitiveness, our Nation must be mindful of the potential implications for privacy, civil rights, and civil liberties. The Federal Government is committed to promoting the responsible use of this technology in a way that does not diminish rights and freedoms.

(a) There is hereby established a multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the NAS. The process will include stakeholders from the private sector.

(b) Within 90 days of the date of this memorandum, the Department of Commerce, through the National Telecommunications and Information Administration, and in consultation with other interested agencies, will initiate this multi-stakeholder engagement process to develop a framework regarding privacy, accountability, and transparency for commercial and private UAS use. For this process, commercial and private use includes the use of UAS for commercial purposes as civil aircraft, even if the use would qualify a UAS as a public aircraft under 49 U.S.C. 40102(a)(41) and 40125. The process shall not focus on law enforcement or other noncommercial governmental use.

Sec. 3. Definitions. As used in this memorandum:

(a) "Agencies" means executive departments and agencies of the Federal Government that conduct UAS operations in the NAS.

(b) "Federal Government use" means operations in which agencies operate UAS in the NAS. Federal Government use includes agency UAS operations on behalf of another agency or on behalf of a State, local, tribal, or territorial government, or when a nongovernmental entity operates UAS on behalf of an agency.

(c) "National Airspace System" means the common network of U.S. airspace; air navigation facilities, equipment, and services; airports or landing areas; aeronautical charts, information, and services; related rules, regulations, and procedures; technical information; and manpower and material. Included in this definition are system components shared jointly by the Departments of Defense, Transportation, and Homeland Security.

(d) "Unmanned Aircraft System" means an unmanned aircraft (an aircraft that is operated without direct human intervention from within or on the aircraft) and associated elements (including communication links and components that control the unmanned aircraft) that are required for the pilot or system operator in command to operate safely and efficiently in the NAS.

(e) "Personally identifiable information" refers to information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, as set forth in Office of Management and Budget Memorandum M–07–16 (May 22, 2007) and Office of Management and Budget Memorandum M–10–23 (June 25, 2010).

Sec. 4. General Provisions. (a) This memorandum complements and is not intended to supersede existing laws and policies for UAS operations in the NAS, including the National Strategy for Aviation Security and its supporting plans, the FAA Modernization and Reform Act of 2012, the Federal Aviation Administration's (FAA's) Integration of Civil UAS in the NAS Roadmap, and the FAA's UAS Comprehensive Plan.

(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.

(c) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(d) Independent agencies are strongly encouraged to comply with this memorandum.

(e) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(f) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.      

Unmanned Aircraft Systems Integration Pilot Program

Memorandum of President of the United States, Oct. 25, 2017, 82 F.R. 50301, provided:

Memorandum for the Secretary of Transportation

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It shall be the policy of the United States to promote the safe operation of unmanned aircraft systems (UAS) and enable the development of UAS technologies for use in agriculture, commerce, emergency management, human transportation, and other sectors. Compared to manned aircraft, UAS provide novel, low-cost capabilities for both public and private applications. UAS present opportunities to enhance the safety of the American public, increase the efficiency and productivity of American industry, and create tens of thousands of new American jobs.

The private sector has rapidly advanced UAS capabilities to address the needs of recreational, commercial, and public users. To promote continued technological innovation and to ensure the global leadership of the United States in this emerging industry, the regulatory framework for UAS operations must be sufficiently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles in protecting privacy and civil liberties; mitigating risks to national security and homeland security; and protecting the safety of the American public, critical infrastructure, and the Nation's airspace. Well-coordinated integration of UAS into the national airspace system (NAS) alongside manned aircraft will increase the safety of the NAS and enable the authorization of more complex UAS operations.

The Federal Aviation Administration (FAA) has taken steps to integrate UAS into the NAS at specific test sites and has issued operational requirements for small UAS operations in the NAS. Further integration will require continued private-sector cooperation and the involvement of State, local, and tribal governments in Federal efforts to develop and enforce regulations on UAS operations in their jurisdictions. Input from State, local, tribal, and private-sector stakeholders will be necessary to craft an optimal strategy for the national management of UAS operations. A coordinated effort between the private sector and among these governments will provide certainty and stability to UAS owners and operators, maximize the benefits of UAS technologies for the public, and mitigate risks to public safety and security.

Sec. 2. UAS Integration Pilot Program. (a) Within 90 days of the date of this memorandum, the Secretary of Transportation (Secretary), in consultation with the Administrator of the FAA (Administrator), shall establish a UAS Integration Pilot Program (Program) to test the further integration of UAS into the NAS in a select number of State, local, and tribal jurisdictions.

(b) The objectives of the Program shall be to:

(i) test and evaluate various models of State, local, and tribal government involvement in the development and enforcement of Federal regulations for UAS operations;

(ii) encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of operations; and

(iii) inform the development of future Federal guidelines and regulatory decisions on UAS operations nationwide.

Sec. 3. Implementation. (a) To implement the Program, the Secretary or the Administrator, as appropriate, shall:

(i) solicit proposals from State, local, and tribal governments to test within their jurisdictions the integration of civil and public UAS operations into the NAS below 200 feet above ground level, or up to 400 feet above ground level if the Secretary determines that such an adjustment would be appropriate;

(ii) select proposals by State, local, and tribal governments for participation in the Program according to the criteria listed in subsection (b) of this section;

(iii) enter into agreements with the selected governments to establish the terms of their involvement in UAS operations within their jurisdictions, including their support for Federal enforcement responsibilities; describe the proposed UAS operations to be conducted; and identify the entities that will conduct such operations, including, if applicable, the governments themselves; and

(iv) as necessary, use existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations to the entities identified in the agreements described in subsection (iii) of this section [sic], including through the issuance of waivers under 14 CFR Part 107 and Certificates of Waiver or Authorization under [former] section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (Public Law 112–95) [see note above].

(b) In selecting proposals for participation in the Program under subsection (a) of this section, the Secretary shall consider:

(i) overall economic, geographic, and climatic diversity of the selected jurisdictions;

(ii) overall diversity of the proposed models of government involvement;

(iii) overall diversity of the UAS operations to be conducted;

(iv) the location of critical infrastructure;

(v) the involvement of commercial entities in the proposal, and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS;

(vi) the involvement of affected communities in, and their support for, participating in the Program;

(vii) the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety, and to address competition, privacy, and civil liberties concerns; and

(viii) the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:

(A) promoting innovation and economic development;

(B) enhancing transportation safety;

(C) enhancing workplace safety;

(D) improving emergency response and search and rescue functions; and

(E) using radio spectrum efficiently and competitively.

(c) Within 180 days of the establishment of the Program, the Secretary shall enter into agreements with State, local, or tribal governments to participate in the Program, with the goal of entering into at least 5 such agreements by that time.

(d) In carrying out subsection (c) of this section, the Secretary shall select State, local, or tribal governments that plan to begin integration of UAS into the NAS in their jurisdictions within 90 days after the date on which the agreement is established.

(e) The Secretary shall consider new proposals for participation in the Program up to 1 year before the Program is scheduled to terminate.

(f) The Secretary shall apply best practices from existing FAA test sites, waivers granted under 14 CFR part 107, exemptions granted under [former] section 333 of the FMRA, the FAA Focus Area Pathfinder Program, and any other relevant programs in order to expedite the consideration of exceptions, exemptions, authorizations, and waivers from FAA regulations to be granted under the Program, as described in subsection (a)(iv) of this section.

(g) The Secretary shall address any non-compliance with the terms of exceptions, exemptions, authorizations, waivers granted, or agreements made with UAS users or participating jurisdictions in a timely and appropriate manner, including by revoking or modifying the relevant terms.

Sec. 4. Coordination. (a) The Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, shall apply relevant information collected during the Program and preliminary findings to inform the development of the UAS Traffic Management System under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190) [set out in a note above].

(b) The Secretary, in coordination with the Secretaries of Defense and Homeland Security and the Attorney General, shall take necessary and appropriate steps to:

(i) mitigate risks to public safety and homeland and national security when selecting proposals and implementing the Program; and

(ii) monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland security, or law enforcement operations and missions.

(c) The heads of executive departments and agencies with relevant law enforcement responsibilities (Federal law enforcement agencies), including the Attorney General and the Secretary of Homeland Security, shall develop and implement best practices to enforce the laws and regulations governing UAS operations conducted under the Program.

(d) In carrying out the responsibilities set forth in subsection (c) of this section, the heads of Federal law enforcement agencies shall coordinate with the Secretaries of Defense and Transportation, as well as with the relevant State, local, or tribal law enforcement agencies.

(e) In implementing the Program, the Secretary shall coordinate with the Secretaries of Defense and Homeland Security and the Attorney General to test counter-UAS capabilities, as well as platform and system-wide cybersecurity, to the extent appropriate and consistent with law.

Sec. 5. Evaluation and Termination of UAS Integration Pilot Program. (a) The Program shall terminate 3 years from the date of this memorandum, unless extended by the Secretary.

(b) Before and after the termination of the Program, the Secretary shall use the information and experience yielded by the Program to inform the development of regulations, initiatives, and plans to enable safer and more complex UAS operations, and shall, as appropriate, share information with the Secretaries of Defense and Homeland Security, the Attorney General, and the heads of other executive departments and agencies.

(c) After the date of this memorandum and until the Program is terminated, the Secretary, in consultation with the Secretaries of Defense and Homeland Security and the Attorney General, shall submit an annual report to the President setting forth the Secretary's interim findings and conclusions concerning the Program. Not later than 90 days after the Program is terminated, the Secretary shall submit a final report to the President setting forth the Secretary's findings and conclusions concerning the Program.

Sec. 6. Definitions. As used in this memorandum, the next stated terms, in singular and plural, are defined as follows:

(a) The term "unmanned aircraft system" has the meaning given that term in section 331 of the FMRA [Pub. L. 112–95, set out in a note above].

(b) The term "public unmanned aircraft system" has the meaning given that term in section 331 of the FMRA.

(c) The term "civil unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a civil aircraft, as defined in 49 U.S.C. 40102.

Sec. 7. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof;

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or

(iii) the conduct of public aircraft operations, as defined in 49 U.S.C. 40102(a)(41) and 40125, by executive departments and agencies, consistent with applicable Federal law.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.      

¹ See Prior Provisions note below.

§44803. Unmanned aircraft system test ranges

(a) Test Ranges.—

(1) In general.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to—

(A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and

(B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system.

(2) Designations.—

(A) Existing test ranges.—Test ranges designated under this section shall include the 7 test ranges established under the following:

(i) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254).

(ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act.

(B) New test ranges.—If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process.

(C) Limitation.—Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time.

(3) Eligibility.—Test ranges selected by the Administrator pursuant to (2)(B) shall—

(A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity;

(B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator;

(C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and

(D) meet any other requirements established by the Administrator.

(b) Airspace Requirements.—

(1) In general.—In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—

(A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or

(B) other activities authorized by the Administrator pursuant to subsection (f).

(2) NEPA review.—The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection.

(3) Inactive restricted area or special use airspace.—

(A) In general.—In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive.

(B) Using agency.—For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection.

(4) Approval authority.—The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area, special use airspace, or other similar type of airspace established by the Administrator under this subsection.

(c) Program Requirements.—In carrying out the program under subsection (a), the Administrator—

(1) may develop operational standards and air traffic requirements for flight operations at test ranges;

(2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;

(3) shall address both civil and public aircraft operations;

(4) shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system;

(5) shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to—

(A) developing and enforcing geographic and altitude limitations;

(B) providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary;

(C) developing or validating sense and avoid capabilities;

(D) developing or validating technology to support communications, navigation, and surveillance;

(E) testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services;

(F) improving privacy protections through the use of advances in unmanned aircraft systems;

(G) conducting counter-UAS testing capabilities, with the approval of the Administrator; and

(H) other relevant topics for which development, testing or evaluation are needed;

(6) shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know—

(A) what data should be collected;

(B) how data can be de-identified to flow more readily to the Administration;

(C) what procedures should be followed; and

(D) what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;

(7) shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and

(8) shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.

(d) Exemption.—Except as provided in subsection (f), the requirements of section 44711, including any related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.

(e) Responsibilities of Test Range Sponsors.—The sponsor of each test range designated by the Administrator under subsection (a) shall—

(1) provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));

(2) ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area, special use airspace, or other similar type of airspace covering the test range;

(3) ensure no activity is conducted at the designated test range in a careless or reckless manner;

(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;

(5) exercise direct oversight of all operations conducted at the test range;

(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety;

(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;

(8) maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;

(9) make all original records available for inspection upon request by the Administrator; and

(10) provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system.

(f) Testing.—

(1) In general.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, other than activities directly related to the integration of unmanned aircraft systems into the national airspace system, so long as the activity is necessary to inform the development of regulations, standards, or policy for integrating new types of flight systems into the national airspace system.

(2) Waiver.— In carrying out this section, the Administrator may waive the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.

(g) Collaborative Research and Development Agreements.—The Administrator may use the transaction authority under section 106(l)(6), including in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research, development, testing, and evaluation related to unmanned aircraft systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, at any test range designated under subsection (a).

(h) Authorization of Appropriations.—

(1) Establishment.—Out of amounts authorized to be appropriated under section 106(k), $6,000,000 for each of fiscal years 2025 through 2028, shall be available to the Administrator for the purposes of—

(A) providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and

(B) supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section.

(2) Disbursement.—Funding provided under this subsection shall be divided evenly among all UAS test ranges designated under this section, for the purpose of providing matching funds to commercial entities described in paragraph (1) and available until expended.

(i) Termination.—The program under this section shall terminate on September 30, 2028.

(Added Pub. L. 118–63, title IX, §925(a), May 16, 2024, 138 Stat. 1356.)

Editorial Notes

References in Text

Section 332(c) of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is section 332(c) of Pub. L. 112–95, which is set out as a note under section 40101 of this title.

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Section 2201(b) of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(2)(A)(ii), is section 2201(b) of Pub. L. 114–190, which is set out as a note under section 40101 of this title.

the date of enactment of such Act, referred to in subsec. (a)(2)(A)(ii), is the date of enactment of Pub. L. 114–190, which was approved July 15, 2016.

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Section 1042 of the FAA Reauthorization Act of 2024, referred to in subsecs. (c)(5), (f)(1), and (g), is section 1042 of subtitle B of title X of Pub. L. 118–63, 138 Stat. 1407, which is set out in a note under section 40101 of this title.

Prior Provisions

A prior section 44803, added Pub. L. 115–254, div. B, title III, §343(a), Oct. 5, 2018, 132 Stat. 3288; amended Pub. L. 118–15, div. B, title II, §2202(b), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(b), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, §102(b), Mar. 8, 2024, 138 Stat. 21, related to unmanned aircraft test ranges, prior to repeal by Pub. L. 118–63, title IX, §925(a), May 16, 2024, 138 Stat. 1355.

Statutory Notes and Related Subsidiaries

Expanding Use of Innovative Technologies in the Gulf of Mexico

Pub. L. 118–63, title IX, §937, May 16, 2024, 138 Stat. 1374, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Admninistration] shall prioritize the authorization of an eligible UAS test range sponsor partnering with an eligible airport authority to achieve the goals specified in subsection (b).

"(b) Goals.—The goals of a partnership authorized pursuant to subsection (a) shall be to test the operations of innovative technologies in both commercial and non-commercial applications, consistent with existing law, to—

"(1) identify challenges associated with aviation operations over large bodies of water;

"(2) provide transportation of cargo and passengers to offshore energy infrastructure;

"(3) assess the impacts of operations in saltwater environments;

"(4) identify the challenges of integrating such technologies in complex airspace, including with commercial rotorcraft; and

"(5) identify the differences between coordinating with Federal air traffic control towers and towers operated under the FAA [Federal Aviation Administration] Contract Tower Program.

"(c) Briefing to Congress.—The Administrator shall provide an annual 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] on the status of the partnership authorized under this section, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico.

"(d) Definitions.—In this section:

"(1) Eligible airport authority.—The term 'eligible airport authority' means an AIP-eligible airport authority that is—

"(A) located in a state bordering the Gulf of Mexico which does not already contain a UAS Test Range;

"(B) has an air traffic control tower operated under the FAA Contract Tower Program;

"(C) is located within 60 miles of a port; and

"(D) does not have any scheduled passenger airline service as of the date of the enactment of this Act [May 16, 2024].

"(2) Innovative technologies.—The term 'innovative technologies' means unmanned aircraft systems and powered-lift aircraft.

"(3) UAS.—The term 'UAS' means an unmanned aircraft system."

[For definition of "unmanned aircraft system" as used in section 937 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.]

§44804. Unmanned aircraft in the Arctic

(a) In General.—The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where unmanned aircraft may operate 24 hours per day for research and commercial purposes.

(b) Plan Contents.—The plan under subsection (a) shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond the visual line of sight.

(c) Requirements.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites.

(d) Agreements.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities.

(e) Aircraft Approval.—

(1) In general.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.

(2) Existing process.—The Secretary may implement an existing process to meet the requirements under paragraph (1).

(Added Pub. L. 115–254, div. B, title III, §344(a), Oct. 5, 2018, 132 Stat. 3290; amended Pub. L. 118–63, title IX, §902(a), May 16, 2024, 138 Stat. 1341.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 332(d) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

Amendments

2024—Pub. L. 118–63, §902(a)(1), substituted "Unmanned" for "Small unmanned" in section catchline.

Subsecs. (a), (b), (e)(1). Pub. L. 118–63, §902(a)(2), struck out "small" before "unmanned aircraft" wherever appearing.

§44805. Small unmanned aircraft safety standards

(a) FAA Process for Acceptance and Authorization.—The Administrator of the Federal Aviation Administration shall establish a process for—

(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;

(2) authorizing the operation of a small unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);

(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and

(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).

(b) Considerations.—Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following:

(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.

(2) Using performance-based requirements.

(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.

(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.

(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.

(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.

(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).

(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.

(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.

(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.

(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.

(c) Nonapplicability of Other Laws.—The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring—

(1) airworthiness certification requirements under section 44704 of this title; or

(2) type certification under part 21 of title 14, Code of Federal Regulations.

(d) Revocation.—The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer's statement of compliance under subsection (f).

(e) Requirements.—With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the following:

(1) The aircraft system's operating instructions.

(2) The aircraft system's recommended maintenance and inspection procedures.

(3) The manufacturer's statement of compliance described in subsection (f).

(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).

(f) Manufacturer's Statement of Compliance for Small UAS.—A manufacturer's statement of compliance shall—

(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;

(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);

(3) state that the aircraft make and model conforms to the manufacturer's design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;

(4) state that the manufacturer will make available to the Administrator, operators, or customers—

(A) the aircraft's operating instructions, which conform to the consensus safety standards identified in paragraph (1); and

(B) the aircraft's recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);

(5) state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;

(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and

(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—

(A) ground and flight tested random samples of the aircraft;

(B) found the sample aircraft performance acceptable; and

(C) determined that the make and model of aircraft is suitable for safe operation.

(g) Prohibitions.—

(1) False statements of compliance.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (f) that is fraudulent or intentionally false.

(2) Introduction into interstate commerce.—Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety standards under this section unless—

(A) the make and model has been authorized for operation under subsection (a); or

(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.

(h) Exclusions.—The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system.

(Added Pub. L. 115–254, div. B, title III, §345(a), Oct. 5, 2018, 132 Stat. 3291; amended Pub. L. 118–63, title IX, §903, May 16, 2024, 138 Stat. 1341.)

Editorial Notes

References in Text

Section 2202 of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (b)(7), is section 2202 of Pub. L. 114–190, which is set out in a note under section 44802 of this title.

Amendments

2024—Pub. L. 118–63, §903(1), substituted "Small unmanned" for "Small Unmanned" in section catchline.

Subsec. (a)(2). Pub. L. 118–63, §903(2), substituted "operation of a small" for "operation of small".

Subsecs. (c) to (e). Pub. L. 118–63, §903(6), redesignated subsecs. (e) to (g) as (c) to (e), respectively.

Subsec. (f). Pub. L. 118–63, §903(6), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d).

Pub. L. 118–63, §903(3), substituted "subsection (f)" for "subsection (h)".

Subsec. (g). Pub. L. 118–63, §903(6), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (e).

Subsec. (g)(3). Pub. L. 118–63, §903(4), substituted "subsection (f)" for "subsection (h)".

Subsec. (h). Pub. L. 118–63, §903(6), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f).

Subsec. (i). Pub. L. 118–63, §903(6), redesignated subsec. (i) as (g).

Subsec. (i)(1). Pub. L. 118–63, §903(5), substituted "subsection (f)" for "subsection (h)".

Subsec. (j). Pub. L. 118–63, §903(6), redesignated subsec. (j) as (h).

Statutory Notes and Related Subsidiaries

Unmanned Aircraft Systems Research Facility

Pub. L. 115–254, div. B, title III, §345(b), Oct. 5, 2018, 132 Stat. 3293, provided that: "The Center of Excellence for Unmanned Aircraft Systems shall establish an unmanned aircraft systems research facility to study appropriate safety standards for unmanned aircraft systems and to validate such standards, as directed by the Administrator of the Federal Aviation Administration, consistent with section 44805 of title 49, United States Code, as added by this section."

§44806. Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems

(a) Guidance.—The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system—

(1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;

(2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and

(3) to provide guidance on a public agency's responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.

(b) Agreements With Government Agencies.—

(1) In general.—The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system.

(2) Contents.—An agreement under paragraph (1) shall—

(A) with respect to an application described in paragraph (1)—

(i) provide for an expedited review of the application;

(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and

(iii) allow for an expedited appeal if the application is disapproved;

(B) allow for a one-time approval of similar operations carried out during a fixed period of time; and

(C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated—

(i) within or beyond the visual line of sight of the operator;

(ii) less than 400 feet above the ground;

(iii) during daylight conditions;

(iv) within Class G airspace; and

(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.

(c) Public Safety Use of Actively Tethered Unmanned Aircraft Systems.—

(1) In general.—The Administrator of the Federal Aviation Administration shall permit, and may issue guidance regarding, the use of actively tethered unmanned aircraft systems by a public safety organization for such systems that are—

(A) operated—

(i) at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable;

(ii) within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or

(iii) above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator;

(B) not flown directly over non-participating persons;

(C) operated within visual line of sight of the operator; and

(D) operated in a manner that does not interfere with and gives way to any other aircraft.

(2) Requirements.—Public actively tethered unmanned aircraft systems may be operated—

(A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;

(B) without requiring airman certification under section 44703 of this title or any rule or regulation relating to airman certification; and

(C) without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification.

(3) Safety standards.—Actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of section 44805 of this title.

(4) Savings provision.—Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system.

(d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system.

(e) Definition.—In this section, the term "public safety organization" means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.

(Added Pub. L. 115–254, div. B, title III, §346(a), Oct. 5, 2018, 132 Stat. 3294; amended Pub. L. 118–63, title IX, §926(a), May 16, 2024, 138 Stat. 1360.)

Editorial Notes

Prior Provisions

Provisions similar to those in subsecs. (a) and (b) of this section were contained in section 334(a) and (c) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §346(b)(2), Oct. 5, 2018, 132 Stat. 3295. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

Amendments

2024—Pub. L. 118–63, §926(a)(1), inserted "and public safety use of tethered unmanned aircraft systems" after "systems" in section catchline.

Subsec. (c). Pub. L. 118–63, §926(a)(2)(A), inserted "Safety Use of" after "Public" in heading. Text quoted in directory language of amendment was editorially conformed to the style of the heading.

Subsec. (c)(1). Pub. L. 118–63, §926(a)(2)(B)(i), in introductory provisions, substituted "The" for "Not later than 180 days after the date of enactment of this Act, the", "permit" for "permit the use of", struck out "public" before "actively tethered", and inserted "by a public safety organization for such systems" after "unmanned aircraft systems".

Subsec. (c)(1)(A). Pub. L. 118–63, §926(a)(2)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: "operated at an altitude of less than 150 feet above ground level;".

Subsec. (c)(1)(B) to (E). Pub. L. 118–63, §926(a)(2)(B)(iii), (iv), redesignated subpars. (C) to (E) as (B) to (D), respectively, and struck out former subpar. (B) which read as follows: "operated—

"(i) within class G airspace; or

"(ii) at or below the ceiling depicted on the Federal Aviation Administration's published UAS facility maps for class B, C, D, or E surface area airspace;".

Subsec. (c)(3). Pub. L. 118–63, §926(a)(2)(C), substituted "Actively" for "Public actively".

Subsec. (e). Pub. L. 118–63, §926(a)(3), added subsec. (e).

Statutory Notes and Related Subsidiaries

Public UAS Access to Special Use Airspace

Pub. L. 115–254, div. B, title III, §368, Oct. 5, 2018, 132 Stat. 3310, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall issue guidance for the expedited and timely access to special use airspace for public unmanned aircraft systems in order to assist Federal, State, local, or tribal law enforcement organizations in conducting law enforcement, emergency response, or for other activities."

§44807. Special authority for certain unmanned aircraft systems

(a) In General.—Notwithstanding any other requirement of this chapter or chapter 447, the Administrator of the Federal Aviation Administration shall use a risk-based approach to determine how unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806.

(b) Assessment of Unmanned Aircraft Systems.—In making the determination under subsection (a), the Administrator shall determine, at a minimum—

(1) how such unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and

(2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection.

(c) Requirements for Safe Operation.—

(1) In general.—In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems.

(2) Expedited exemptions and approvals.—The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals—

(A) to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or

(B) that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions.

(3) Treatment of mitigation measures.—To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs—

(A) automatic dependent surveillance–broadcast in-based detect and avoid capabilities;

(B) air traffic control communication and coordination;

(C) aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or

(D) any other risk mitigations as set by the Administrator.

(4) Rule of construction.—Nothing in this subsection shall be construed to—

(A) provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or

(B) limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns.

(d) Sunset.—The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2033.

(e) Authority.—The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.

(Added Pub. L. 115–254, div. B, title III, §347(a), Oct. 5, 2018, 132 Stat. 3296; amended Pub. L. 118–15, div. B, title II, §2202(c), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(c), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, §102(c), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title IX, §927(a), (b), May 16, 2024, 138 Stat. 1362.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 333 of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §347(b)(2), Oct. 5, 2018, 132 Stat. 3296. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

Amendments

2024—Subsec. (a). Pub. L. 118–63, §927(b)(1), inserted "or chapter 447" after "Notwithstanding any other requirement of this chapter" and substituted "the Administrator of the Federal Aviation Administration" for "the Secretary of Transportation" and "how" for "if certain".

Subsec. (b). Pub. L. 118–63, §927(b)(2)(A), substituted "Administrator" for "Secretary" in introductory provisions.

Subsec. (b)(1). Pub. L. 118–63, §927(b)(2)(B), substituted "how such" for "which types of".

Subsec. (c). Pub. L. 118–63, §927(b)(3), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including operation related to research, development, and testing of proprietary systems."

Subsec. (d). Pub. L. 118–63, §927(a), substituted "September 30, 2033" for "May 10, 2024".

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

Subsec. (e). Pub. L. 118–63, §927(b)(4), added subsec. (e).

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

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

Statutory Notes and Related Subsidiaries

Clarification of Status of Previously Issued Rulemakings and Exemptions

Pub. L. 118–63, title IX, §927(c), May 16, 2024, 138 Stat. 1363, provided that:

"(1) Rulemakings.—Any rule issued pursuant to section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority.

"(2) Exemptions.—Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of the expiration of such authority, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption, provided the Administrator [of the Federal Aviation Administration] does not determine there is a safety risk.

"(3) Rules of construction.—Nothing in this section shall be construed to interfere with the Administrator's—

"(A) authority to rescind or amend an exemption for reasons such as unsafe conditions or operator oversight; or

"(B) ability to grant an exemption based on a determination made pursuant to section 44807 of title 49, United States Code, prior to the date described in subsection (d) of such section."

§44808. Carriage of property by small unmanned aircraft systems for compensation or hire

(a) In General.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.

(b) Contents.—Any rulemaking conducted under subsection (a) shall provide for the following:

(1) Use performance-based requirements.

(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.

(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.

(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—

(A) airworthiness of small unmanned aircraft systems;

(B) qualifications for operators and the type and nature of the operations;

(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and

(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.

(5) Small uas.—The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—

(A) registration with the Department of Transportation;

(B) authorization from the Federal Aviation Administration to conduct operations; and

(C) compliance with chapters 401, 411, and 417.

(6) Availability of current certification processes.—Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.

(Added Pub. L. 115–254, div. B, title III, §348(a), Oct. 5, 2018, 132 Stat. 3297.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

§44809. Exception for limited recreational operations of unmanned aircraft

(a) In General.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:

(1) The aircraft is flown strictly for recreational purposes.

(2) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.

(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.

(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

(6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.

(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

(b) Other Operations.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

(c) Operations at Fixed Sites.—

(1) In general.—The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations.

(2) Operating procedures.—

(A) Controlled airspace.—Persons operating unmanned aircraft under paragraph (1) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.

(B) Altitude.—The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map published by the Federal Aviation Administration.

(C) Uncontrolled airspace.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, including special use airspace designations and temporary flight restrictions, persons operating unmanned aircraft systems from a fixed site designated under the process described in paragraph (1) may operate within Class G airspace—

(i) up to 400 feet above ground level, without prior authorization from the Administrator; and

(ii) above 400 feet above ground level, with prior authorization from the Administrator.

(3) Unmanned aircraft weighing 55 pounds or greater.—A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, if—

(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and

(B) the aircraft is operated from a fixed site as described in paragraph (1).

(4) FAA-recognized identification areas.—In implementing subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator shall prioritize the review and adjudication of requests to establish FAA Recognized Identification Areas at fixed sites established under this section.

(d) Savings clause.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in this section, prior to operation in the national airspace system.

(e) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.

(f) Exceptions.—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to—

(1) the operational parameters for unmanned aircraft in subsection (a);

(2) the registration and marking of unmanned aircraft;

(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and

(4) other standards consistent with maintaining the safety and security of the national airspace system.

(g) Aeronautical Knowledge and Safety Test.—

(1) In general.—The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator.

(2) Requirements.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator's—

(A) understanding of aeronautical safety knowledge; and

(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.

(h) Community-based Organization Defined.—In this section, the term "community-based organization" means a membership-based association entity that—

(1) is recognized by the Administrator of the Federal Aviation Administration;

(2) is described in section 501(c)(3) of the Internal Revenue Code of 1986;

(3) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;

(4) the mission of which is demonstrably the furtherance of model aviation;

(5) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;

(6) provides programming and support for any local charter organizations, affiliates, or clubs; and

(7) provides assistance and support in the development and operation of locally designated model aircraft flying sites.

(i) Recognition of Community-based Organizations.—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.

(Added Pub. L. 115–254, div. B, title III, §349(a), Oct. 5, 2018, 132 Stat. 3298; amended Pub. L. 118–63, title IX, §928(a), May 16, 2024, 138 Stat. 1363.)

Editorial Notes

References in Text

Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(2), (3), is classified to section 501 of Title 26, Internal Revenue Code.

The date of enactment of this section, referred to in subsec. (i), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Prior Provisions

Provisions similar to those in subsecs. (a) and (e) of this section were contained in section 336(a) and (b) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §349(b)(2), Oct. 5, 2018, 132 Stat. 3300. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

Amendments

2024—Subsec. (a)(6). Pub. L. 118–63, §928(a)(1), added par. (6) and struck out former par. (6) which read as follows: "In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions."

Subsec. (c). Pub. L. 118–63, §928(a)(2), added subsec. (c) and struck out former subsec. (c) which related to operations at fixed sites.

Subsec. (d). Pub. L. 118–63, §928(a)(3), struck out "subsection (a) of" before "this section, prior to" in par. (3) and substituted subsec. (d) designation and heading for "(d) Updates", pars. (1) and (2), and "(3) Savings clause". Prior to amendment, pars. (1) and (2) related to process to periodically update operational parameters and related considerations.

Subsec. (f)(1). Pub. L. 118–63, §928(a)(4), struck out "updates to" before "the operational parameters".

Subsec. (g)(1). Pub. L. 118–63, §928(a)(5), added par. (1) and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: "Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator."

Subsec. (h). Pub. L. 118–63, §928(a)(6), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.

Statutory Notes and Related Subsidiaries

Use of Unmanned Aircraft Systems for Educational Purposes

Pub. L. 115–254, div. B, title III, §350, Oct. 5, 2018, 132 Stat. 3300, as amended by Pub. L. 116–283, div. H, title C, §10002, Jan. 1, 2021, 134 Stat. 4863; Pub. L. 118–63, title IX, §928(b), May 16, 2024, 138 Stat. 1365, provided that:

"(a) Educational and Research Purposes.—For the purposes of section 44809 of title 49, United States Code, as added by this Act, a 'recreational purpose' as distinguished in subsection (a)(1) of such section shall include an unmanned aircraft system—

"(1) operated by an institution of higher education for educational or research purposes;

"(2) operated by an elementary school, a secondary school, or an institution of higher education for educational or research purposes;

"(3) flown as part of an established Junior Reserve Officers' Training Corps (JROTC) program for education or research purposes; or

"(4) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).

"(b) Updates.—In updating an operational parameter under subsection (d)(1) of such section for unmanned aircraft systems operated by an institution of higher education for educational or research purposes, the Administrator shall consider—

"(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research purposes, as a component of the institution's curricula or research;

"(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education; and

"(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.

"(c) Deadline for Establishment of Procedures and Standards.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration may establish regulations, procedures, and standards, as necessary, to facilitate the safe operation of unmanned aircraft systems operated by institutions of higher education for educational or research purposes.

"(d) Definitions.—In this section:

"(1) Institution of higher education.—The term 'institution of higher education' has the meaning given to that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

"(2) Educational or research purposes.—The term 'education or research purposes', with respect to the operation of an unmanned aircraft system by an institution of higher education, an elementary school, or a secondary school includes—

"(A) instruction of students at the institution;

"(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;

"(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and

"(D) other academic activities approved by the institution.

"(3) Elementary school.—The term 'elementary school' has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(19)).

"(4) Secondary school.—The term 'secondary school' has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(45)).

"(e) Statutory Construction.—

"(1) Enforcement.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.

"(2) Regulations and standards.—Nothing in this section prohibits the Administrator from promulgating any rules or standards consistent with maintaining the safety and security of the national airspace system."

§44811. Beyond visual line of sight operations for unmanned aircraft systems

(a) Proposed Rule.—Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as "UAS") to operate beyond visual line of sight (in this section referred to as "BVLOS").

(b) Requirements.—The proposed rule required under subsection (a) shall, at a minimum, establish the following:

(1) Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024.

(2) Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights.

(3) An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer's declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—

(A) shall not require, but may allow for, the use of type or production certification;

(B) shall consider the airworthiness of any UAS that—

(i) is within a maximum gross weight or kinetic energy, as determined by the Administrator; and

(ii) operates within a maximum speed limit as determined by the Administrator;

(C) may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and

(D) may require such systems to operate at standoff distances from the radius of a structure or the structure's immediate uppermost limit, as determined by the Administrator.

(4) Operating rules for UAS that have been approved or accepted as described in paragraph (3).

(5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations.

(6) The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons.

(c) Final Rule.—Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule.

(d) Savings Clause.—Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.

(Added Pub. L. 118–63, title IX, §930(a), May 16, 2024, 138 Stat. 1366.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Section 931 of the FAA Reauthorization Act of 2024, referred to in subsec. (b)(1), is section 931 of Pub. L. 118–63, which is set out as a note under section 44801 of this title.

§44812. Temporary flight restrictions for unmanned aircraft

(a) In General.—

(1) Temporary flight restrictions.—The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings.

(2) Denial.—Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if—

(A) the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace;

(B) the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b);

(C) the eligibility requirements in subsections (c) and (d) have not been met;

(D) a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or

(E) the Administrator determines appropriate for any other reason.

(b) Requirements.—

(1) Advance notice.—Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering.

(2) Required information.—Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following:

(A) Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable.

(B) The dates and anticipated starting and ending times for the large public gathering.

(C) Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the large public gathering.

(D) Any other information the Administrator considers necessary to establish the restriction.

(c) Eligible Large Public Gatherings.—

(1) In general.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a stadium or other venue shall—

(A) be hosted in a stadium or other venue that—

(i) has previously hosted events qualifying for the application of special security instructions in accordance with section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199);¹ and

(ii) is not enclosed;

(B) have an estimated attendance of at least 30,000 people; and

(C) be advertised in the public domain.

(2) Additional gatherings.—To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a venue other than a stadium or other venue described in paragraph (1)(A) shall—

(A) have an estimated attendance of at least 100,000 people;

(B) be primarily outdoors;

(C) have a defined and static geographical boundary; and

(D) be advertised in the public domain.

(d) Eligible Entities.—An entity eligible to request a temporary flight restriction under subsection (a) shall be a credentialed law enforcement organization of the Federal Government or a State, local, Tribal, or territorial government.

(e) Timeliness.—The Administrator shall make every practicable effort to assess eligibility and establish temporary flight restrictions under subsection (a) in a timely fashion.

(f) Public Information.—Any temporary flight restriction designated under this section shall be published by the Administrator in a publicly accessible manner at least 2 days prior to the start of the eligible large public gathering.

(g) Prohibition on Operations.—No person may operate an unmanned aircraft within a temporary flight restriction established under this section unless—

(1) the Administrator authorizes the operation for operational or safety purposes;

(2) the operation is being conducted for safety, security, or compliance oversight purposes and is authorized by the Administrator; or

(3) the aircraft operation is conducted with the approval of the eligible entity.

(h) Savings Clause.—Nothing in this section may be construed as prohibiting the Administrator from authorizing the operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from an eligible large public gathering for which a temporary flight restriction has been established under this section or cancelling a temporary flight restriction established under this section.

(i) Rule of Construction.—Nothing in this section shall be construed to prevent the Administrator from using existing processes or procedures to meet the intent of this section.

(Added Pub. L. 118–63, title IX, §935(a), May 16, 2024, 138 Stat. 1370.)

Editorial Notes

References in Text

Section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199), referred to in subsec. (c)(1)(A)(i), probably means section 521 of title V of div. F of Pub. L. 108–199, which is set out as a note under section 40103 of this title. The Act is comprised of div. F of Pub. L. 108–199.

¹ See References in Text note below.

§44813. Center of Excellence for Unmanned Aircraft Systems

(a) In General.—The Administrator of the Federal Aviation Administration shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the "Center").

(b) Responsibilities.—The Center shall carry out the following responsibilities:

(1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.

(2) Promote and facilitate collaboration among academia, the Federal Aviation Administration, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.

(3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.

(c) Program Participation.—The Administrator shall ensure the participation in the Center of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and research institutions that provide accredited bachelor's degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and that include a focus on pilot training for women aviators.

(d) Leveraging of Certain Capacity and Capabilities.—The Administrator shall, in carrying out research necessary to validate consensus safety standards accepted pursuant to section 44805, to the maximum extent practicable, leverage the research and testing capacity and capabilities of—

(1) the Center;

(2) the test ranges designated under section 44803;

(3) existing Federal and non-Federal test ranges and testbeds;

(4) the National Aeronautics and Space Administration; and

(5) the William J. Hughes Technical Center for Advanced Aerospace.

(Added Pub. L. 118–63, title X, §1006(a), May 16, 2024, 138 Stat. 1388.)

§44814. ASSUREd Safe credentialing authority

(a) In General.—Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a credentialing authority for the program of record of the Federal Aviation Administration (referred to in this section as "ASSUREd Safe") under the Center of Excellence for Unmanned Aircraft Systems.

(b) Purposes.—ASSUREd Safe shall offer services throughout the United States, and to allies and partners of the United States, including—

(1) online and in-person standards, education, and testing for the use of unmanned aircraft systems by first responders for emergency and disaster management operations;

(2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and

(3) any other relevant standards development related to operation of unmanned aircraft systems, as determined appropriate by the Administrator.

(c) Coordination.—The Administrator shall ensure that the Center of Excellence for Unmanned Aircraft Systems coordinates with the National Institute of Standards and Technology and the Federal Emergency Management Agency on establishment of ASSUREd Safe, and on any services offered by ASSUREd Safe.

(Added Pub. L. 118–63, title X, §1007(a), May 16, 2024, 138 Stat. 1389.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

§44810. Airport safety and airspace hazard mitigation and enforcement

(a) Coordination.—The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.

(b) Plan.—

(1) In general.—The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems.

(2) Contents.—The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations.

(3) Aviation rulemaking committee.—The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) ¹ shall not apply to an aviation rulemaking committee chartered under this paragraph.

(4) Non-delegation.—The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code.

(c) Airspace Hazard Mitigation Program.—In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA's most recent Passenger Boarding Data, and any other location the Administrator determines appropriate.

(d) Authority.—Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety.

(e) Aip Funding Eligibility.—Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined in section 47102).

(f) Briefing.—The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary ² of the House of Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section.

(g) Applicability of Other Laws.—Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986),¹ sections 2510–2522 of title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply to activities authorized by the Administrator pursuant to subsection ³ (c) and (d).

(h) Sunset.—This section ceases to be effective September 30, 2028.

(i) Non-delegation.—The Administrator shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. The Administrator may partner with other Federal agencies under this section, subject to any restrictions contained in such agencies' authority to operate counter unmanned aircraft systems.

(Added Pub. L. 115–254, div. B, title III, §383(a), Oct. 5, 2018, 132 Stat. 3321; amended Pub. L. 118–15, div. B, title II, §2202(d), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, §102(d), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, §102(d), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title IX, §904, May 16, 2024, 138 Stat. 1341.)

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

The Aircraft Sabotage Act, referred to in subsec. (g), is part B (§§2011–2015) of chapter XX of title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 2187. Section 2013(b) of the Act generally amended section 32 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 31 of Title 18 and Tables.

The Computer Fraud and Abuse Act of 1986, referred to in subsec. (g), is Pub. L. 99–474, §1, Oct. 16, 1986, 100 Stat. 1213, which amended section 1030 of Title 18, Crimes and Criminal Procedure. Section 1031 of Title 18 was enacted by Pub. L. 100–700, known as the Major Fraud Act of 1988.

Amendments

2024—Subsec. (c). Pub. L. 118–63, §904(1), inserted ", and any other location the Administrator determines appropriate" after "Data".

Subsec. (h). Pub. L. 118–63, §904(2), substituted "September 30, 2028" for "May 10, 2024".

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

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

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

Statutory Notes and Related Subsidiaries

Cooperation Related to Certain Counter-UAS Technology

Pub. L. 115–254, div. B, title III, §365, Oct. 5, 2018, 132 Stat. 3310, provided that: "In matters relating to the use of systems in the national airspace system intended to mitigate threats posed by errant or hostile unmanned aircraft system operations, the Secretary of Transportation shall consult with the Secretary of Defense to streamline deployment of such systems by drawing upon the expertise and experience of the Department of Defense in acquiring and operating such systems consistent with the safe and efficient operation of the national airspace system."

Enforcement

Pub. L. 115–254, div. B, title III, §372, Oct. 5, 2018, 132 Stat. 3312, as amended by Pub. L. 118–15, div. B, title II, §2202(q), Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §102(q), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §102(q), Mar. 8, 2024, 138 Stat. 22, provided that:

"(a) UAS Safety Enforcement.—The Administrator of the Federal Aviation Administration shall establish a pilot program to utilize available remote detection or identification technologies for safety oversight, including enforcement actions against operators of unmanned aircraft systems that are not in compliance with applicable Federal aviation laws, including regulations.

"(b) Reporting.—As part of the pilot program, the Administrator shall establish and publicize a mechanism for the public and Federal, State, and local law enforcement to report suspected operation of unmanned aircraft in violation of applicable Federal laws and regulations.

"(c) Report to Congress.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018], and annually thereafter through the duration of the pilot program established in subsection (a), 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 following:

"(1) The number of unauthorized unmanned aircraft operations detected in restricted airspace, including in and around airports, together with a description of such operations.

"(2) The number of enforcement cases brought by the Federal Aviation Administration or other Federal agencies for unauthorized operation of unmanned aircraft detected through the program, together with a description of such cases.

"(3) Recommendations for safety and operational standards for unmanned aircraft detection and mitigation systems.

"(4) Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of unmanned aircraft systems.

"(d) Sunset.—The pilot program established in subsection (a) shall terminate on May 10, 2024.

"(e) Civil Penalties.—[Amended section 46301 of this title.]

"(f) Rule of Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this subtitle or any other applicable provision of aviation safety law or regulation using remote detection or identification or other technology following the sunset of the pilot program."

¹ See References in Text note below.

² So in original. Probably should be preceded by "the".

³ So in original. Probably should be "subsections".

CHAPTER 449—SECURITY

SUBCHAPTER I—REQUIREMENTS

        

        

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

        

Editorial Notes

Amendments

2018—Pub. L. 115–254, div. K, title I, §§1937(b)(2), 1943(b), 1955(a)(2), 1988(b), 1991(j)(2), 1992, Oct. 5, 2018, 132 Stat. 3579, 3584, 3596, 3623, 3646, added items 44929, 44931, 44932, 44942, 44943, 44947, and 44948 and substituted "PreCheck Program" for "Security screening pilot program" in item 44919 and "Deputization" for "Deputation" in item 44922.

2014—Pub. L. 113–238, §2(b), Dec. 18, 2014, 128 Stat. 2846, which directed amendment of analysis for subchapter II of chapter 449 of title 49 by adding item 44946 at the end, was executed by adding item 44946 to analysis for this chapter to reflect the probable intent of Congress.

Pub. L. 113–221, §2(b), Dec. 16, 2014, 128 Stat. 2094, which directed amendment of analysis for title 49 by adding item 44928 after item 44927, was executed by adding item 44928 to analysis for this chapter, to reflect the probable intent of Congress.

2013—Pub. L. 113–27, §2(b), Aug. 9, 2013, 127 Stat. 504, which directed amendment of analysis for subchapter I of chapter 449 by adding item 44927 after item 44926, was executed by adding item 44927 to analysis for this chapter to reflect the probable intent of Congress.

Pub. L. 112–271, §2(b), Jan. 14, 2013, 126 Stat. 2447, substituted "Disposition of unclaimed money and clothing" for "Disposition of unclaimed money" in item 44945.

2007—Pub. L. 110–53, title XVI, §1606(b), Aug. 3, 2007, 121 Stat. 483, added item 44926.

2004—Pub. L. 108–458, title IV, §4013(b), Dec. 17, 2004, 118 Stat. 3720, added item 44925.

Pub. L. 108–334, title V, §515(c), Oct. 18, 2004, 118 Stat. 1318, added item 44945.

2003—Pub. L. 108–176, title VI, §§605(b)(3), 611(b)(2), Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and 44924.

Pub. L. 108–7, div. I, title III, §351(c), Feb. 20, 2003, 117 Stat. 420, added item 44922.

2002—Pub. L. 107–296, title XIV, §1402(b)(1), Nov. 25, 2002, 116 Stat. 2305, added item 44921.

2001—Pub. L. 107–71, title I, §§101(f)(6), 105(b), 107(b), 108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603, 607, 611, 613, 622, 632, 635, added items 44917 to 44920, 44939, 44941, and 44944 and struck out items 44931 "Director of Intelligence and Security" and 44932 "Assistant Administrator for Civil Aviation Security".

Pub. L. 107–71, title I, §118(b), Nov. 19, 2001, 115 Stat. 627, which directed addition of item 44940 to the analysis for chapter 449 without specifying the Code title to be amended, was executed by adding item 44940 to this analysis to reflect the probable intent of Congress.

1996—Pub. L. 104–264, title III, §312(b), Oct. 9, 1996, 110 Stat. 3254, added item 44916.

¹ Section catchline amended by Pub. L. 115–254 without corresponding amendment of chapter analysis.

SUBCHAPTER I—REQUIREMENTS

§44901. Screening passengers and property

(a) In General.—The Administrator of the Transportation Security Administration shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5), except as otherwise provided in section 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs.

(b) Supervision of Screening.—All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening.

(c) Checked Baggage.—A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable.

(d) Explosives Detection Systems.—

(1) In general.—The Administrator of the Transportation Security Administration shall take all necessary action to ensure that—

(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggage, and that as soon as such systems are in place at an airport, all checked baggage at the airport is screened by those systems; and

(B) all systems deployed under subparagraph (A) are fully utilized; and

(C) if explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means.

(2) Preclearance airports.—

(A) In general.—For a flight or flight segment originating at an airport outside the United States and traveling to the United States with respect to which checked baggage has been screened in accordance with an aviation security preclearance agreement between the United States and the country in which such airport is located, the Administrator of the Transportation Security Administration may, in coordination with U.S. Customs and Border Protection, determine whether such baggage must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment.

(B) Aviation security preclearance agreement defined.—In this paragraph, the term "aviation security preclearance agreement" means an agreement that delineates and implements security standards and protocols that are determined by the Administrator of the Transportation Security Administration, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States.

(C) Rescreening requirement.—If the Administrator of the Transportation Security Administration determines that the government of a foreign country has not maintained security standards and protocols comparable to those of the United States at airports at which preclearance operations have been established in accordance with this paragraph, the Administrator shall ensure that Transportation Security Administration personnel rescreen passengers arriving from such airports and their property in the United States before such passengers are permitted into sterile areas of airports in the United States.

(D) Report.—The Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report on the re-screening of baggage under this paragraph. Each such report shall include the following for the year covered by the report:

(i) A list of airports outside the United States from which a flight or flight segment traveled to the United States for which the Administrator determined, in accordance with the authority under subparagraph (A), that checked baggage was not required to be re-screened in the United States by an explosives detection system before such baggage continued on an additional flight or flight segment.

(ii) The amount of Federal savings generated from the exercise of such authority.

(e) Mandatory Screening Where EDS Not Yet Available.—As soon as practicable and until the requirements of subsection (b)(1)(A) are met, the Administrator of the Transportation Security Administration shall require alternative means for screening any piece of checked baggage that is not screened by an explosives detection system. Such alternative means may include 1 or more of the following:

(1) A bag-match program that ensures that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft.

(2) Manual search.

(3) Search by canine explosives detection units in combination with other means.

(4) Other means or technology approved by the Administrator.

(f) Cargo Deadline.—A system must be in operation to screen, inspect, or otherwise ensure the security of all cargo that is to be transported in all-cargo aircraft in air transportation and intrastate air transportation as soon as practicable.

(g) Air Cargo on Passenger Aircraft.—

(1) In general.—The Secretary of Homeland Security shall establish a system to screen 100 percent of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo.

(2) Minimum standards.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft described in paragraph (1) to provide a level of security commensurate with the level of security for the screening of passenger checked baggage.

(3) Regulations.—The Secretary of Homeland Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.

(4) Screening defined.—In this subsection the term "screening" means a physical examination or non-intrusive methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search together with manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of a shipper of the cargo that is not performed in conjunction with other security methods authorized under this subsection, including whether a known shipper is registered in the known shipper database. Such additional cargo screening methods may include a program to certify the security methods used by shippers pursuant to paragraphs (1) and (2) and alternative screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.

(h) Deployment of Armed Personnel.—

(1) In general.—The Administrator of the Transportation Security Administration shall order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security.

(2) Minimum requirements.—Except at airports required to enter into agreements under subsection (c), the Administrator of the Transportation Security Administration shall order the deployment of at least 1 law enforcement officer at each airport security screening location. At the 100 largest airports in the United States, in terms of annual passenger enplanements for the most recent calendar year for which data are available, the Administrator shall order the deployment of additional law enforcement personnel at airport security screening locations if the Administrator determines that the additional deployment is necessary to ensure passenger safety and national security.

(i) Exemptions and Advising Congress on Regulations.—The Administrator of the Transportation Security Administration—

(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing air transportation under a certificate issued under section 41102 of this title or a permit issued under section 41302 of this title; and

(2) shall advise Congress of a regulation to be prescribed under this section at least 30 days before the effective date of the regulation, unless the Administrator decides an emergency exists requiring the regulation to become effective in fewer than 30 days and notifies Congress of that decision.

(j) Blast-Resistant Cargo Containers.—

(1) In general.—The Administrator of the Transportation Security Administration shall—

(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before August 3, 2007; and

(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees ¹ of Congress and air carriers a report on that evaluation which may contain nonclassified and classified sections.

(2) Acquisition, maintenance, and replacement.—Upon completion and consistent with the results of the evaluation that paragraph (1)(A) requires, the Administrator shall—

(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and replace blast-resistant cargo containers;

(B) pay for the program; and

(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).

(3) Distribution to air carriers.—The Administrator shall make available, beginning not later than July 1, 2008, blast-resistant cargo containers to air carriers for use on a risk managed basis as determined by the Administrator.

(k) General Aviation Airport Security Program.—

(1) In general.—The Administrator of the Transportation Security Administration shall—

(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); ² and

(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.

(2) Grant program.—The Administrator shall initiate and complete a study of the feasibility of a program, based on a risk-managed approach, to provide grants to operators of general aviation airports (as defined in section 47134(m)) ¹ for projects to upgrade security at such airports. If the Administrator determines that such a program is feasible, the Administrator shall establish such a program.

(3) Application to general aviation aircraft.—The Administrator shall develop a risk-based system under which—

(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to submit passenger information and advance notification requirements for United States Customs and Border Protection before entering United States airspace; and

(B) such information is checked against appropriate databases.

(4) Authorization of appropriations.—There are authorized to be appropriated to the Administrator of the Transportation Security Administration such sums as may be necessary to carry out paragraphs (2) and (3).

(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers.—

(1) Definitions.—In this subsection, the following definitions apply:

(A) Advanced imaging technology.—The term "advanced imaging technology"—

(i) means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and

(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as "whole-body imaging technology" or "body scanning machines".

(B) Appropriate congressional committees.—The term "appropriate congressional committees" means—

(i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(ii) the Committee on Homeland Security of the House of Representatives.

(C) Automatic target recognition software.—The term "automatic target recognition software" means software installed on an advanced imaging technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals.

(2) Use of advanced imaging technology.—The Administrator of the Transportation Security Administration shall ensure that any advanced imaging technology used for the screening of passengers under this section—

(A) is equipped with and employs automatic target recognition software; and

(B) complies with such other requirements as the Administrator determines necessary to address privacy considerations.

(3) Extension.—

(A) In general.—The Administrator of the Transportation Security Administration may extend the deadline specified in paragraph (2), if the Administrator determines that—

(i) an advanced imaging technology equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such software; or

(ii) additional testing of such software is necessary.

(B) Duration of extensions.—The Administrator of the Transportation Security Administration may issue one or more extensions under subparagraph (A). The duration of each extension may not exceed one year.

(4) Reports.—

(A) In general.—Not later than 60 days after the date on which the Administrator of the Transportation Security Administration issues any extension under paragraph (3), the Administrator shall submit to the appropriate congressional committees a report on the implementation of this subsection.

(B) Elements.—A report submitted under subparagraph (A) shall include the following:

(i) A description of all matters the Administrator of the Transportation Security Administration considers relevant to the implementation of the requirements of this subsection.

(ii) The status of compliance by the Transportation Security Administration with such requirements.

(iii) If the Administration is not in full compliance with such requirements—

(I) the reasons for the noncompliance; and

(II) a timeline depicting when the Administrator of the Transportation Security Administration expects the Administration to achieve full compliance.

(C) Security classification.—To the greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format. If necessary, the report may include a classified annex.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV, §425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488; Pub. L. 112–95, title VIII, §826, Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, §2, Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title VIII, §815, Feb. 24, 2016, 130 Stat. 220; Pub. L. 115–254, div. K, title I, §§1937(b)(3), 1991(d)(1), Oct. 5, 2018, 132 Stat. 3579, 3627.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44901(a)	49 App.:1356(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (1st, 2d sentences, 3d sentence 19th–last words); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §551(b)(1), 99 Stat. 225.
44901(b)	49 App.:1356(a) (2d sentence).
44901(c)(1)	49 App.:1356(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Nov. 16, 1990, Pub. L. 101–604, §102(a), 104 Stat. 3068.
44901(c)(2)	49 App.:1356(a) (3d sentence 19th–last words).

In subsection (a), the words "or continue in effect reasonable", "intended", and "the aircraft for such transportation" are omitted as surplus.

In subsection (b), the words "Notwithstanding subsection (a) of this section" are added for clarity. The words "One year after August 5, 1974, or after the effective date of such regulations, whichever is later" are omitted as executed. The words "alter or", "a continuation of", "the extent deemed necessary to", and "acts of" are omitted as surplus.

In subsection (c)(1), the words "in whole or in part" and "those" are omitted as surplus. The word "providing" is substituted for "engaging in" for consistency in the revised title. The words "interstate, overseas, or foreign" are omitted because of the definition of "air transportation" in section 40102(a) of the revised title. The words "of public convenience and necessity", "by the Civil Aeronautics Board", "foreign air carrier", and "by the Board" are omitted as surplus.

In subsection (c)(2), the words "or amendments thereto" and "or amendments" are omitted as surplus.

Editorial Notes

References in Text

Subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (g)(4), is section 1602(b) of Pub. L. 110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not classified to the Code.

Section 47134(m), referred to in subsec. (k)(1)(A), (2), is section 47134(m) of this title, which was repealed by Pub. L. 115–254, div. B, title I, §160(a)(6), Oct. 5, 2018, 132 Stat. 3221.

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(1)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" and struck out ", United States Code" after "title 5".

Pub. L. 115–254, §1937(b)(3), struck out "44919 or" before "44920".

Subsec. (c). Pub. L. 115–254, §1991(d)(1)(B), struck out "but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act" before period at end.

Subsec. (d)(1). Pub. L. 115–254, §1991(d)(1)(C)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.

Subsec. (d)(1)(A). Pub. L. 115–254, §1991(d)(1)(C)(i)(II), struck out "no later than December 31, 2002" after "to screen all checked baggage".

Subsec. (d)(2). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), redesignated par. (4) as (2) and struck out former par. (2) which related to determination by the Under Secretary of Transportation for Security that the Transportation Security Administration would not be able to deploy required explosives detection systems at certain airports by Dec. 31, 2002.

Subsec. (d)(2)(A). Pub. L. 115–254, §1991(d)(1)(C)(iv)(I), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary (Transportation Security Administration)".

Subsec. (d)(2)(B). Pub. L. 115–254, §1991(d)(1)(C)(iv)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".

Subsec. (d)(2)(D). Pub. L. 115–254, §1991(d)(1)(C)(iv)(III), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" and, in cl. (i), substituted "Administrator" for "Assistant Secretary".

Subsec. (d)(3), (4). Pub. L. 115–254, §1991(d)(1)(C)(ii), (iii), struck out par. (3) and redesignated par. (4) as (2). Prior to amendment, text of par. (3) read as follows: "Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary shall submit a classified report every 30 days after the date of enactment of this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward meeting such requirements at each airport."

Subsec. (e). Pub. L. 115–254, §1991(d)(1)(D)(i), in introductory provisions, struck out "but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act" after "practicable" and substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (e)(4). Pub. L. 115–254, §1991(d)(1)(D)(ii), substituted "Administrator" for "Under Secretary".

Subsec. (f). Pub. L. 115–254, §1991(d)(1)(E), struck out "after the date of enactment of the Aviation and Transportation Security Act" before period at end.

Subsec. (g)(1). Pub. L. 115–254, §1991(d)(1)(F)(i), substituted "The" for "Not later than 3 years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the".

Subsec. (g)(2). Pub. L. 115–254, §1991(d)(1)(F)(ii), substituted "baggage." for "baggage as follows:

"(A) 50 percent of such cargo is so screened not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.

"(B) 100 percent of such cargo is so screened not later than 3 years after such date of enactment."

Subsec. (g)(3). Pub. L. 115–254, §1991(d)(1)(F)(iii), amended par. (3) generally. Prior to amendment, par. (3) related to the issuance by the Secretary of Homeland Security of an interim final rule and a final rule implementing subsec. (g).

Subsec. (g)(4), (5). Pub. L. 115–254, §1991(d)(1)(F)(iv), (v), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary shall submit to the Committees referred to in paragraph (3)(B)(ii) a report that describes the system."

Subsec. (h)(1). Pub. L. 115–254, §1991(d)(1)(G)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (h)(2). Pub. L. 115–254, §1991(d)(1)(G)(ii), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in first sentence, and "Administrator" for "Under Secretary" in two places in second sentence.

Subsec. (i). Pub. L. 115–254, §1991(d)(1)(H)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in introductory provisions.

Subsec. (i)(2). Pub. L. 115–254, §1991(d)(1)(H)(ii), substituted "Administrator" for "Under Secretary".

Subsec. (j)(1). Pub. L. 115–254, §1991(d)(1)(I)(i), substituted "The" for "Before January 1, 2008, the" in introductory provisions.

Subsec. (j)(1)(A). Pub. L. 115–254, §1991(d)(1)(I)(ii), substituted "August 3, 2007" for "the date of enactment of this subsection".

Subsec. (k)(1). Pub. L. 115–254, §1991(d)(1)(J)(i), substituted "The" for "Not later than one year after the date of enactment of this subsection, the" in introductory provisions.

Subsec. (k)(2). Pub. L. 115–254, §1991(d)(1)(J)(ii), substituted "The" for "Not later than 6 months after the date of enactment of this subsection, the".

Subsec. (k)(3). Pub. L. 115–254, §1991(d)(1)(J)(iii), substituted "The" for "Not later than 180 days after the date of enactment of this subsection, the" in introductory provisions.

Subsec. (l)(2). Pub. L. 115–254, §1991(d)(1)(K)(i)(I), substituted "The Administrator of the Transportation Security Administration" for "Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.

Subsec. (l)(2)(B). Pub. L. 115–254, §1991(d)(1)(K)(i)(II), substituted "Administrator" for "Assistant Secretary".

Subsec. (l)(3)(A). Pub. L. 115–254, §1991(d)(1)(K)(ii)(I), substituted "Administrator of the Transportation Security Administration may extend" for "Assistant Secretary may extend" and "Administrator determines" for "Assistant Secretary determines" in introductory provisions.

Subsec. (l)(3)(B). Pub. L. 115–254, §1991(d)(1)(K)(ii)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".

Subsec. (l)(4)(A). Pub. L. 115–254, §1991(d)(1)(K)(iii)(I), struck out "60 days after the deadline specified in paragraph (2), and not later than" after "Not later than" and substituted "Administrator of the Transportation Security Administration issues" for "Assistant Secretary issues" and "Administrator shall" for "Assistant Secretary shall".

Subsec. (l)(4)(B)(i), (iii)(II). Pub. L. 115–254, §1991(d)(1)(K)(iii)(II), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".

2016—Subsec. (d)(4)(C), (D). Pub. L. 114–125 added subpar. (C) and redesignated former subpar. (C) as (D).

2012—Subsec. (d). Pub. L. 112–218, §2(b), which directed substitution of "explosives" for "explosive" wherever appearing in this section, was executed in subsec. (d) by making such substitution wherever appearing in text as well as by substituting "Explosives" for "Explosive" in heading, to reflect the probable intent of Congress.

Subsec. (d)(4). Pub. L. 112–218, §2(a), added par. (4).

Subsec. (e). Pub. L. 112–218, §2(b), substituted "explosives" for "explosive" in introductory provisions and in par. (3).

Subsec. (l). Pub. L. 112–95 added subsec. (l).

2007—Subsecs. (g) to (i). Pub. L. 110–53, §1602(a), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

Subsec. (j). Pub. L. 110–53, §1609, added subsec. (j).

Subsec. (k). Pub. L. 110–53, §1617, added subsec. (k).

2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2) and (3).

2001—Subsec. (a). Pub. L. 107–71, §110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon-detecting facility or procedure used or operated by an employee or agent of an air carrier, intrastate air carrier, or foreign air carrier."

Subsec. (b). Pub. L. 107–71, §110(b)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Notwithstanding subsection (a) of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure security against criminal violence and aircraft piracy in air transportation and intrastate air transportation."

Subsec. (c). Pub. L. 107–71, §110(b)(2), added subsec. (c). Former subsec. (c) redesignated (h).

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (2).

Subsecs. (d) to (g). Pub. L. 107–71, §110(b)(2), added subsecs. (d) to (g).

Subsec. (h). Pub. L. 107–71, §110(b)(1), redesignated subsec. (c) as (h).

Statutory Notes and Related Subsidiaries

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.

Savings Provision

Pub. L. 107–71, title I, §141, Nov. 19, 2001, 115 Stat. 643, provided that:

"(a) Transfer of Assets and Personnel.—Except as otherwise provided in this Act [see Tables for classification], those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Transportation Security Administration by this Act shall be transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and other funds made available to the Federal Aviation Administration to carry out such functions shall also be transferred to the Transportation Security Administration for use in connection with the functions transferred.

"(b) Legal Documents.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—

"(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation Administration, any officer or employee thereof, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and

"(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration], any other authorized official, a court of competent jurisdiction, or operation of law.

"(c) Proceedings.—

"(1) In general.—The provisions of this Act shall not affect any proceedings or any application for any license pending before the Federal Aviation Administration at the time this Act takes effect [Nov. 19, 2001], insofar as those functions are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

"(2) Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

"(3) Orderly transfer.—The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings from the Federal Aviation Administration.

"(d) Suits.—

"(1) In general.—This Act shall not affect suits commenced before the date of the enactment of this Act [Nov. 19, 2001], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

"(2) Suits by or against faa.—Any suit by or against the Federal Aviation Administration begun before the date of the enactment of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Transportation Security Administration (to the extent the suit involves functions transferred to the Transportation Security Administration under this Act) substituted for the Federal Aviation Administration.

"(3) Remanded cases.—If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.

"(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Aviation Administration shall abate by reason of the enactment of this Act. No cause of action by or against the Federal Aviation Administration, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.

"(f) Exercise of Authorities.—Except as otherwise provided by law, an officer or employee of the Transportation Security Administration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.

"(g) Act Defined.—In this section, the term 'Act' includes the amendments made by this Act."

Transition Provisions

Pub. L. 107–71, title I, §101(g), Nov. 19, 2001, 115 Stat. 603, provided that:

"(1) Schedule for assumption of civil aviation security functions.—Not later than 3 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall assume civil aviation security functions and responsibilities under chapter 449 of title 49, United States Code, as amended by this Act, in accordance with a schedule to be developed by the Secretary of Transportation, in consultation with air carriers, foreign air carriers, and the Administrator of the Federal Aviation Administration. The Under Secretary shall publish an appropriate notice of the transfer of such security functions and responsibilities before assuming the functions and responsibilities.

"(2) Assumption of contracts.—As of the date specified in paragraph (1), the Under Secretary may assume the rights and responsibilities of an air carrier or foreign air carrier contract for provision of passenger screening services at airports in the United States described in section 44903(c), subject to payment of adequate compensation to parties to the contract, if any.

"(3) Assignment of contracts.—

"(A) In general.—Upon request of the Under Secretary, an air carrier or foreign air carrier carrying out a screening or security function under chapter 449 of title 49, United States Code, may enter into an agreement with the Under Secretary to transfer any contract the carrier has entered into with respect to carrying out the function, before the Under Secretary assumes responsibility for the function.

"(B) Schedule.—The Under Secretary may enter into an agreement under subparagraph (A) as soon as possible, but not later than 90 days after the date of enactment of this Act [Nov. 19, 2001]. The Under Secretary may enter into such an agreement for one 180-day period and may extend such agreement for one 90-day period if the Under Secretary determines it necessary.

"(4) Transfer of ownership.—In recognition of the assumption of the financial costs of security screening of passengers and property at airports, and as soon as practical after the date of enactment of this Act [Nov. 19, 2001], air carriers may enter into agreements with the Under Secretary to transfer the ownership, at no cost to the United States Government, of any personal property, equipment, supplies, or other material associated with such screening, regardless of the source of funds used to acquire the property, that the Secretary determines to be useful for the performance of security screening of passengers and property at airports.

"(5) Performance of under secretary's functions during interim period.—Until the Under Secretary takes office, the functions of the Under Secretary that relate to aviation security may be carried out by the Secretary or the Secretary's designee."

TSA Reaching Across Nationalities, Societies, and Languages To Advance Traveler Education

Pub. L. 117–263, div. G, title LXXI, §7131, Dec. 23, 2022, 136 Stat. 3644, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Administrator of the Transportation Security Administration (TSA) shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to ensure that TSA material disseminated in major airports can be better understood by more people accessing such airports.

"(b) Contents.—The plan required under subsection (a) shall include the following:

"(1) An identification of the most common languages other than English that are the primary languages of individuals that travel through or work in each major airport.

"(2) A plan to improve—

"(A) TSA materials to communicate information in languages identified pursuant to paragraph (1); and

"(B) the communication of TSA material to individuals with vision or hearing impairments or other possible barriers to understanding such material.

"(c) Considerations.—In developing the plan required under subsection (a), the Administrator of the TSA, acting through the Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA, shall take into consideration data regarding the following:

"(1) International enplanements.

"(2) Local populations surrounding major airports.

"(3) Languages spoken by members of Indian Tribes within each service area population in which a major airport is located.

"(d) Implementation.—Not later than 180 days after the submission of the plan required under subsection (a), the Administrator of the TSA, in consultation with the owner or operator of each major airport, shall implement such plan.

"(e) GAO Review.—Not later than one year after the implementation pursuant to subsection (d) of the plan required under subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review of such implementation.

"(f) Definitions.—In this section:

"(1) Airport.—The term 'airport' has the meaning given such term in section 40102 of title 49, United States Code.

"(2) Indian tribe.—The term 'Indian Tribe' has the meaning given the term 'Indian tribe' in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this Act [Dec. 23, 2022] pursuant to section 104 of that Act (25 U.S.C. 5131).

"(3) Major airports.—The term 'major airports' means Category X and Category I airports.

"(4) Non-traveling individual.—The term 'non-traveling individual' has the meaning given such term in section 1560.3 of title 49, Code of Federal Regulations.

"(5) TSA material.—The term 'TSA material' means signs, videos, audio messages, websites, press releases, social media postings, and other communications published and disseminated by the Administrator of the TSA in Category X and Category I airports for use by both traveling and non-traveling individuals."

One-Stop Pilot Program

Pub. L. 117–263, div. G, title LXXI, §7132, Dec. 23, 2022, 136 Stat. 3645, provided that:

"(a) Definitions.—In this section:

"(1) Administrator.—The term 'Administrator' means the Administrator of the Transportation Security Administration.

"(2) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security and Committee on Foreign Affairs of the House of Representatives; and

"(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Foreign Relations of the Senate.

"(3) TSA.—The term 'TSA' means the Transportation Security Administration of the Department of Homeland Security.

"(b) Implementation.—Notwithstanding [section] 44901(a) of title 49, United States Code, the Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection and the Secretary of State, may implement a pilot program at not more than six foreign last point of departure airports to permit passengers and their accessible property arriving on direct flights or flight segments originating at such participating foreign airports to continue on additional flights or flight segments originating in the United States without additional security re-screening if—

"(1) the initial screening was conducted in accordance with an aviation security screening agreement described in subsection (e);

"(2) passengers arriving from participating foreign airports are unable to access their checked baggage until the arrival at their final destination; and

"(3) upon arrival in the United States, passengers arriving from participating foreign airports do not come into contact with other arriving international passengers, those passengers' property, or other persons who have not been screened or subjected to other appropriate security controls required for entry into the airport's sterile area.

"(c) Requirements for Pilot Program.—In carrying out this section, the Administrator shall ensure that there is no reduction in the level of security or specific TSA aviation security standards or requirements for screening passengers and their property prior to boarding an international flight bound for the United States, including specific aviation security standards and requirements regarding the following:

"(1) High risk passengers and their property.

"(2) Weapons, explosives, and incendiaries.

"(3) Screening passengers and property transferring at a foreign last point of departure airport from another airport and bound for the United States, and addressing any commingling of such passengers and property with passengers and property screened under the pilot program described in subsection (b).

"(4) Insider risk at foreign last point of departure airports.

"(d) Re-screening of Checked Baggage.—Subject to subsection (f), the Administrator may determine whether checked baggage arriving from participating foreign airports referenced in subsection (b) that screen using an explosives detection system must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment.

"(e) Aviation Security Screening Agreement.—

"(1) In general.—An aviation security screening agreement described in this subsection is a treaty, executive agreement, or non-binding instrument entered into with a foreign country that delineates and implements security standards and protocols utilized at a foreign last point of departure airport that are determined by the Administrator—

"(A) to be comparable to those of the United States; and

"(B) sufficiently effective to enable passengers and their accessible property to deplane into sterile areas of airports in the United States without the need for re-screening.

"(2) Non-delegation.—The authority to approve an aviation security screening agreement may not be delegated below the level of the Secretary of State, the Secretary of Homeland Security, or the Administrator.

"(f) Re-screening Requirement.—

"(1) In general.—If the Administrator determines that a foreign country participating in the aviation security screening agreement has not maintained and implemented security standards and protocols comparable to those of the United States at foreign last point of departure airports at which a pilot program has been established in accordance with this section, the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United States, including by using explosives detection systems in accordance with section 44901(d)(1) of title 49, United States Code, and implementing regulations and directives, before such passengers and their property are permitted into sterile areas of airports in the United States.

"(2) Consultation.—If the Administrator has reasonable grounds to believe the other party to an aviation security screening agreement has not complied with such agreement, the Administrator shall request immediate consultation with such party.

"(3) Suspension or termination of agreement.—If a satisfactory resolution between TSA and a foreign country is not reached within 45 days after a consultation request under paragraph (2) or in the case of the foreign country's continued or egregious failure to maintain the security standards and protocols described in paragraph (1), the President, or with the concurrence of the Secretary of State, the Secretary of Homeland Security or the Administrator, as appropriate, shall suspend or terminate the aviation security screening agreement with such country, as determined appropriate by the President, the Secretary of Homeland Security, or the Administrator. The Administrator shall notify the appropriate congressional committees of such consultation and suspension or termination, as the case may be, not later than seven days after such consultation and suspension or termination.

"(g) Briefings to Congress.—Not later than 45 days before an aviation security screening agreement described in subsection (e) enters into force, the Administrator, in coordination with the Secretary of State, shall submit to the appropriate congressional committees the following:

"(1) An aviation security threat assessment for the country in which such foreign last point of departure airport is located.

"(2) Information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing.

"(3) Information on potential security vulnerabilities associated with commencing a pilot program at such foreign last point of departure airport pursuant to subsection (b) and mitigation plans to address such potential security vulnerabilities.

"(4) An assessment of the impacts such pilot program will have on aviation security.

"(5) An assessment of the screening performed at such foreign last point of departure airport, including the feasibility of TSA personnel monitoring screening, security protocols, and standards.

"(6) Information regarding identifying the entity or entities responsible for screening passengers and property at such foreign last point of departure airport.

"(7) The name of the entity or local authority and any contractor or subcontractor.

"(8) Information regarding the screening requirements relating to such aviation security screening agreement.

"(9) Details regarding information sharing mechanisms between the TSA and such foreign last point of departure airport, screening authority, or entity responsible for screening provided for under such aviation security screening agreement.

"(10) A copy of the aviation security screening agreement, which shall identify the foreign last point of departure airport or airports at which a pilot program under this section is to be established.

"(h) Certifications Relating to the Pilot Program for One-stop Security.—For each aviation security screening agreement described in subsection (e), the Administrator, in coordination with the Secretary of State, shall submit to the appropriate congressional committees the following:

"(1)(A) A certification that such agreement satisfies all of the requirements specified in subsection (c); or

"(B) in the event that one or more of such requirements are not so satisfied, a description of the unsatisfied requirement and information on what actions the Administrator will take to ensure that such remaining requirements are satisfied before such agreement enters into force.

"(2) A certification that TSA and U.S. Customs and Border Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-stop security pilot program airport prior to receiving international passengers from a last point of departure airport under the aviation security screening agreement.

"(3) A certification that a foreign last point of departure airport covered by an aviation security screening agreement has an operation to screen all checked bags as required by law, regulation, or international agreement, including the full utilization of explosives detection systems to the extent applicable.

"(4) A certification that the Administrator consulted with stakeholders, including air carriers, aviation nonprofit labor organizations, airport operators, relevant interagency partners, and other stakeholders that the Administrator determines appropriate.

"(i) Report to Congress.—Not later than five years after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Homeland Security, in coordination with the Administrator, shall submit to the appropriate congressional committees a report regarding the implementation of the pilot program authorized under this section, including information relating to the following:

"(1) The impact of such program on homeland security and international aviation security, including any benefits and challenges of such program.

"(2) The impact of such program on passengers, airports, and air carriers, including any benefits and challenges of such program.

"(3) The impact and feasibility of continuing such program or expanding it into a more permanent program, including any benefits and challenges of such continuation or expansion.

"(j) Rule of Construction.—Nothing in this section may be construed as limiting the authority of U.S. Customs and Border Protection to inspect persons and baggage arriving in the United States in accordance with applicable law.

"(k) Sunset.—The pilot program authorized under this section shall terminate on the date that is six years after the date of the enactment of this Act."

Plan To Reduce the Spread of Coronavirus at Passenger Screening Checkpoints

Pub. L. 117–81, div. F, title LXIV, §6415, Dec. 27, 2021, 135 Stat. 2413, provided that:

"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce.

"(b) Contents.—The plan required under subsection (a) shall include the following:

"(1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system.

"(2) Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph (1) that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes.

"(c) Considerations.—In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following:

"(1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus.

"(2) Volume and average wait times at each such security screening location.

"(3) Public health measures already in place at each such security screening location.

"(4) The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place.

"(5) The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency.

"(d) Consultation.—In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under section 44901 of title 49, United States Code.

"(e) Submission.—Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(f) Issuance and Implementation.—The Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection (a) upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations.

"(g) GAO Review.—Not later than one year after the issuance of the plan required under subsection (a) (if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan.

"(h) Definitions.—In this section:

"(1) The term 'Administrator' means the Administrator of the Transportation Security Administration.

"(2) The term 'coronavirus' has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123) [134 Stat. 155].

"(3) The term 'COVID–19 national emergency' means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.

"(4) The term 'public and private stakeholders' has the meaning given such term in section 114(t)(1)(C) of title 49, United States Code.

"(5) The term 'TSA' means the Transportation Security Administration."

Screening Outside Primary Passenger Terminal Screening Area Pilot Program

Pub. L. 116–6, div. A, title II, §225, Feb. 15, 2019, 133 Stat. 25, as amended by Pub. L. 116–260, div. F, title II, §223, Dec. 27, 2020, 134 Stat. 1459; Pub. L. 117–328, div. F, title II, §222, Dec. 29, 2022, 136 Stat. 4737, provided that:

"(a) Subject to the provisions of this section, the Administrator of the Transportation Security Administration (hereafter in this section referred to as 'the Administrator') may conduct a pilot program to provide screening services outside of an existing primary passenger terminal screening area where screening services are currently provided or would be eligible to be provided under the Transportation Security Administration's annually appropriated passenger screening program as a primary passenger terminal screening area.

"(b) Any request for screening services under subsection (a) shall be initiated only at the request of a public or private entity regulated by the Transportation Security Administration; shall be made in writing to the Administrator; and may only be submitted to the Transportation Security Administration after consultation with the relevant local airport authority.

"(c) The Administrator may provide the requested screening services under subsection (a) if the Administrator provides a certification to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that implementation of subsection (a) does not reduce the security or efficiency of screening services already provided in primary passenger terminals at any impacted airports.

"(d) No screening services may be provided under subsection (a) unless the requesting entity agrees in writing to the scope of the screening services to be provided, and agrees to compensate the Transportation Security Administration for all reasonable personnel and non-personnel costs, including overtime, of providing the screening services.

"(e) The authority available under this section is effective for fiscal years 2019 through 2025 and may be utilized at not more than eight locations for transportation security purposes.

"(f) Notwithstanding any other provision of law, an airport authority, air carrier, or other requesting entity shall not be liable for any claims for damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to—

"(1) an airport authority's or other entity's decision to request that the Transportation Security Administration provide passenger screening services outside of a primary passenger terminal screening area; or

"(2) any act of negligence, gross negligence, or intentional wrongdoing by employees of the Transportation Security Administration providing passenger and property security screening services at a pilot program screening location.

"(g) Notwithstanding any other provision of law, any compensation received by the Transportation Security Administration under subsection (d) shall be credited to the account used to finance the provision of reimbursable security screening services under subsection (a).

"(h) The Administrator shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate—

"(1) an implementation plan for the pilot programs under subsection (a), including the application process, that is due by 90 days after the date of enactment of this Act [Feb. 15, 2019];

"(2) an evaluation plan for the pilot programs; and

"(3) annual performance reports, by not later than 60 days after the end of each fiscal year in which the pilot programs are in operation, including—

"(A) the amount of reimbursement received by the Transportation Security Administration from each entity in the pilot program for the preceding fiscal year, delineated by personnel and non-personnel costs;

"(B) an analysis of the results of the pilot programs corresponding to the evaluation plan required under paragraph (2);

"(C) any Transportation Security Administration staffing changes created at the primary passenger screening checkpoints and baggage screening as a result of the pilot program; and

"(D) any other unintended consequences created by the pilot program.

"(i) Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of the Transportation Security Administration.

"(j) For the purposes of this section, the term 'airport' means a commercial service airport as defined by section 47107(7) of title 49[,] United States Code.

"(k) For the purposes of this section, the term 'screening services' means the screening of passengers, flight crews, and their carry-on baggage and personal articles, and may include checked baggage screening if that type of screening is performed at an offsite location that is not part of a passenger terminal of a commercial airport.

"(l) For the purpose of this section, the term 'primary passenger terminal screening area' means the security checkpoints relied upon by airports as the principal points of entry to a sterile area of an airport."

Reciprocal Recognition of Security Standards

Pub. L. 115–254, div. K, title I, §1914, Oct. 5, 2018, 132 Stat. 3555, provided that:

"(a) In General.—The Administrator [of the Transportation Security Administration], in coordination with appropriate international aviation security authorities, shall develop a validation process for the reciprocal recognition of security equipment technology approvals among international security partners or recognized certification authorities for deployment.

"(b) Requirement.—The validation process shall ensure that the certification by each participating international security partner or recognized certification authority complies with detection, qualification, and information security, including cybersecurity, standards of the TSA [Transportation Security Administration], the Department of Homeland Security, and the National Institute of Standards and Technology."

Real-Time Security Checkpoint Wait Times

Pub. L. 115–254, div. K, title I, §1922, Oct. 5, 2018, 132 Stat. 3561, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall make available to the public information on wait times at each airport security checkpoint at which security screening operations are conducted or overseen by the TSA [Transportation Security Administration].

"(b) Requirements.—The information described in subsection (a) shall be provided in real time via technology and published—

"(1) online; and

"(2) in physical locations at applicable airport terminals.

"(c) Considerations.—The Administrator shall only make the information described in subsection (a) available to the public if it can do so in a manner that does not increase public area security risks.

"(d) Definition of Wait Time.—In this section, the term 'wait time' means the period beginning when a passenger enters a queue for a screening checkpoint and ending when that passenger exits the checkpoint."

Screening Technology Review and Performance Objectives

Pub. L. 115–254, div. K, title I, §1924, Oct. 5, 2018, 132 Stat. 3562, provided that:

"(a) Review of Technology Acquisitions Process.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in coordination with relevant officials of the Department [of Homeland Security], shall conduct a review of existing advanced transportation security screening technology testing and evaluation, acquisitions, and procurement practices within TSA [Transportation Security Administration].

"(2) Contents.—Such review shall include—

"(A) identifying process delays and obstructions within the Department and the Administration regarding how such technology is identified, tested and evaluated, acquired, and deployed;

"(B) assessing whether the TSA can better leverage existing resources or processes of the Department for the purposes of technology testing and evaluation;

"(C) assessing whether the TSA can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632));

"(D) identifying best practices of other Department components or United States Government entities; and

"(E) a plan to address any problems or challenges identified by such review.

"(b) Briefing.—The Administrator shall provide to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a briefing on the findings of the review required under this section and a plan to address any problems or challenges identified by such review.

"(c) Acquisitions and Procurement Enhancement.—Incorporating the results of the review in subsection (a), the Administrator shall—

"(1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies;

"(2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and

"(3) ensure the effectiveness and efficiency of such processes.

"(d) Assessment.—The Secretary [of Homeland Security], in consultation with the Chief Privacy Officer of the Department, shall submit to the appropriate committees of Congress a compliance assessment of the TSA acquisition process relating to the health and safety risks associated with implementation of screening technologies.

"(e) Performance Objectives.—The Administrator shall establish performance objectives for the testing and verification of security technology, including testing and verification conducted by appropriate third parties under section 1911 [49 U.S.C. 114 note], to ensure that progress is made, at a minimum, toward—

"(1) reducing time for each phase of testing while maintaining security (including testing for detection testing, operational testing, testing and verification framework, and field testing);

"(2) eliminating testing and verification delays; and

"(3) increasing accountability.

"(f) Tracking.—

"(1) In general.—In carrying out subsection (e), the Administrator shall establish and continually track performance metrics for each type of security technology submitted for testing and verification, including testing and verification conducted by appropriate third parties under section 1911.

"(2) Measuring progress toward goals.—The Administrator shall use the metrics established and tracked under paragraph (1) to generate data on an ongoing basis and to measure progress toward the achievement of the performance objectives established under subsection (e).

"(3) Report required.—

"(A) In general.—Not later than 2 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report assessing the extent to which the performance objectives established under subsection (e), as measured by the performance metrics established and tracked under paragraph (1) of this subsection, have been met.

"(B) Elements.—The report required by subparagraph (A) shall include—

"(i) a list of the performance metrics established under paragraph (1), including the length of time for each phase of testing and verification for each type of security technology; and

"(ii) a comparison of the progress achieved for testing and verification of security technology conducted by the TSA and the testing and verification of security technology conducted by third parties.

"(C) Proprietary information.—The report required by subparagraph (A) shall—

"(i) not include identifying information regarding an individual or entity or equipment; and

"(ii) protect proprietary information.

"(g) Information Technology Security.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a plan to conduct recurring reviews of the operational, technical, and management security controls for Administration information technology systems at airports."

Computed Tomography Pilot Programs

Pub. L. 115–254, div. K, title I, §1925, Oct. 5, 2018, 132 Stat. 3563, provided that:

"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall carry out a pilot program to test the use of screening equipment using computed tomography technology to screen baggage at passenger screening checkpoints at airports.

"(b) Feasibility Study.—

"(1) In general.—Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Under Secretary for Science and Technology of the Department [of Homeland Security], shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a feasibility study regarding expanding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce.

"(2) Considerations.—In conducting the feasibility study under paragraph (1), the Administrator shall consider the following:

"(A) Opportunities to leverage computed tomography systems used for screening passengers and baggage.

"(B) Costs and benefits of using computed tomography technology for screening air cargo.

"(C) An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo, including systems that may address aperture challenges associated with screening certain categories of air cargo.

"(D) An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the screening of air cargo.

"(c) Pilot Program.—Not later than 120 days after the date the feasibility study is submitted under subsection (b), the Administrator shall initiate a 2-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology, as identified through such study.

"(d) Updates.—Not later than 60 days after the date the pilot program under subsection (c) is initiated, and biannually thereafter for 2 years, the Administrator shall brief the appropriate committees of Congress on the progress of implementation of such pilot program.

"(e) Definitions.—In this section:

"(1) Air carrier.—The term 'air carrier' has the meaning given the term in section 40102 of title 49, United States Code.

"(2) Air transportation.—The term 'air transportation' has the meaning given the term in section 40102 of title 49, United States Code.

"(3) Foreign air carrier.—The term 'foreign air carrier' has the meaning given the term in section 40102 of title 49, United States Code.

"(4) Interstate air commerce.—The term 'interstate air commerce' has the meaning given the term in section 40102 of title 49, United States Code.

"(5) Interstate air transportation.—The term 'interstate air transportation' has the meaning given the term in section 40102 of title 49, United States Code."

Screening Performance Assessments

Pub. L. 115–254, div. K, title I, §1947, Oct. 5, 2018, 132 Stat. 3587, provided that: "Subject to part 1520 of title 49, Code of Federal Regulations, the Administrator [of the Transportation Security Administration] shall quarterly make available to the airport director of an airport—

"(1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the equivalent airport category for screening performance data; and

"(2) a briefing on the results of performance data reports, including—

"(A) a scorecard of objective metrics developed by the Office of Security Operations to measure screening performance, such as results of annual proficiency reviews and covert testing, at the appropriate level of classification; and

"(B) other performance data, including—

"(i) passenger throughput;

"(ii) wait times; and

"(iii) employee attrition, absenteeism, injury rates, and any other human capital measures collected by the TSA [Transportation Security Administration]."

Improvements for Screening of Passengers With Disabilities

Pub. L. 115–254, div. K, title I, §1950, Oct. 5, 2018, 132 Stat. 3589, provided that:

"(a) Revised Training.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in consultation with nationally-recognized veterans and disability organizations, shall revise the training requirements for Transportation Security Officers related to the screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck program.

"(2) Training specifications.—In revising the training requirements under paragraph (1), the Administrator shall address the proper screening, and any particular sensitivities related to the screening, of a passenger with a disability—

"(A) traveling with a medical device, including an indwelling medical device;

"(B) traveling with a prosthetic;

"(C) traveling with a wheelchair, walker, scooter, or other mobility device;

"(D) traveling with a service animal; or

"(E) with sensitivities to touch, pressure, sound, or hypersensitivity to stimuli in the environment.

"(3) Training frequency.—The Administrator shall implement the revised training under paragraph (1) during initial and recurrent training of all Transportation Security Officers.

"(b) Best Practices.—The individual at the TSA [Transportation Security Administration] responsible for civil rights, liberties, and traveler engagement shall—

"(1) record each complaint from a passenger with a disability regarding the screening practice of the TSA;

"(2) identify the most frequent concerns raised, or accommodations requested, in the complaints;

"(3) determine the best practices for addressing the concerns and requests identified in paragraph (2); and

"(4) recommend appropriate training based on such best practices.

"(c) Signage.—At each category X airport, the TSA shall place signage at each security checkpoint that—

"(1) specifies how to contact the appropriate TSA employee at the airport designated to address complaints of screening mistreatment based on disability; and

"(2) describes how to receive assistance from that individual or other qualified personnel at the security screening checkpoint.

"(d) Reports to Congress.—Not later than September 30 of the first full fiscal year after the date of enactment of this Act [Oct. 5, 2018], and each fiscal year thereafter, the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report on the checkpoint experiences of passengers with disabilities, including the following:

"(1) The number and most frequent types of disability-related complaints received.

"(2) The best practices recommended under subsection (b) to address the top areas of concern.

"(3) The estimated wait times for assist requests for passengers with disabilities, including disabled passengers who participate in the PreCheck program."

Air Cargo Advance Screening Program

Pub. L. 115–254, div. K, title I, §1951, Oct. 5, 2018, 132 Stat. 3590, provided that:

"(a) In General.—The Commissioner of U.S. Customs and Border Protection and the Administrator [of the Transportation Security Administration], consistent with the requirements of the Trade Act of 2002 (Public Law 107–210)[,] shall—

"(1) establish an air cargo advance screening program (referred to in this section as the 'ACAS Program') for the collection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air;

"(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;

"(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers;

"(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and

"(5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.

"(b) Inspection of High-risk Cargo.—Under the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall ensure that all cargo that has been identified as high-risk is inspected—

"(1) prior to the loading of such cargo onto aircraft at the last point of departure; or

"(2) at an earlier point in the supply chain, before departing for the United States.

"(c) Consultation.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to—

"(1) the collection of advance information with respect to cargo on aircraft departing for the United States is applied; and

"(2) the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of transportation.

"(d) Analysis.—The Commissioner of U.S. Customs and Border Protection and the Administrator may analyze the information described in subsection (a) in the Department of Homeland Security's automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program.

"(e) No Duplication.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department [of Homeland Security] programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo.

"(f) Consideration of Industry.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall—

"(1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries;

"(2) explore procedures to accommodate the variations described in paragraph (1) while maximizing the contribution of such data to the risk assessment process under the ACAS Program;

"(3) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring delays and other negative impacts on vital supply chains are minimized; and

"(4) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563 [5 U.S.C. 601 note] or any successor Executive order or regulation.

"(g) Guidance.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data.

"(h) Use of Data.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only.

"(i) Final Rule.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Commissioner of U.S. Customs and Border Protection, in coordination with the Administrator, shall issue a final regulation to implement the ACAS Program to include the electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of shipment level data.

"(j) Report.—Not later than 180 days after the date of the commencement of the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report detailing the operational implementation of providing advance information under the ACAS Program and the value of such information in targeting cargo."

Raising International Standards

Pub. L. 115–254, div. K, title I, §1955(c), Oct. 5, 2018, 132 Stat. 3596, provided that: "Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall collaborate with other aviation authorities and the United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization, as applicable, to advance a global standard for each international airport to document and track the removal and disposal of any security screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security."

International Security Standards

Pub. L. 115–254, div. K, title I, §1956, Oct. 5, 2018, 132 Stat. 3596, provided that:

"(a) Global Aviation Security Review.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in coordination with the Commissioner of the U.S. Customs and Border Protection, the Director of the Office of International Engagement of the Department of Homeland Security, and the Secretary of State, shall conduct a global aviation security review to improve aviation security standards, including standards intended to mitigate cybersecurity threats, across the global aviation system.

"(2) Best practices.—The global aviation security review shall establish best practices regarding the following:

"(A) Collaborating with foreign partners to improve global aviation security capabilities and standards.

"(B) Identifying foreign partners that—

"(i) have not successfully implemented security protocols from the International Civil Aviation Organization or the Department of Homeland Security; and

"(ii) have not taken steps to implement such security protocols;[.]

"(C) Improving the development, outreach, and implementation process for security directives or emergency amendments issued to domestic and foreign air carriers.

"(D) Assessing the cybersecurity risk of security screening equipment.

"(b) Notification.—Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the United States Ambassador to the International Civil Aviation Organization, shall notify the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives of the progress of the review under subsection (a) and any proposed international improvements to aviation security.

"(c) ICAO.—Subject to subsection (a), the Administrator and Ambassador shall take such action at the International Civil Aviation Organization as the Administrator and Ambassador consider necessary to advance aviation security improvement proposals, including if practicable, introducing a resolution to raise minimum standards for aviation security.

"(d) Briefings to Congress.—Beginning not later than 180 days after the date of enactment of this Act, and periodically thereafter, the Administrator, in consultation with the Ambassador with respect to subsection (c), shall brief the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives on the implementation of subsections (a) and (b)."

Carriage of Weapons, Explosives, and Incendiaries by Individuals

Pub. L. 115–254, div. K, title I, §1962, Oct. 5, 2018, 132 Stat. 3601, provided that:

"(a) Interpretive Rule.—Subject to subsections (b) and (c), the Administrator [of the Transportation Security Administration] shall periodically review and amend, as necessary, the interpretive rule (68 Fed. Reg. 7444) that provides guidance to the public on the types of property considered to be weapons, explosives, and incendiaries prohibited under section 1540.111 of title 49, Code of Federal Regulations.

"(b) Considerations.—Before determining whether to amend the interpretive rule to include or remove an item from the prohibited list, the Administrator shall—

"(1) research and evaluate—

"(A) the impact, if any, the amendment would have on security risks;

"(B) the impact, if any, the amendment would have on screening operations, including effectiveness and efficiency; and

"(C) whether the amendment is consistent with international standards and guidance, including of the International Civil Aviation Organization; and

"(2) consult with appropriate aviation security stakeholders, including ASAC [Aviation Security Advisory Committee].

"(c) Exceptions.—Except for plastic or round bladed butter knives, the Administrator may not amend the interpretive rule described in subsection (a) to authorize any knife to be permitted in an airport sterile area or in the cabin of an aircraft.

"(d) Notification.—The Administrator shall—

"(1) publish in the Federal Register any amendment to the interpretive rule described in subsection (a); and

"(2) notify the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the amendment not later than 3 days before publication under paragraph (1)."

Consideration of Privacy and Civil Liberties

Pub. L. 115–141, div. F, title V, §521, Mar. 23, 2018, 132 Stat. 628, provided that: "Hereafter, in developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance."

Bottles and Breastfeeding Equipment Screening

Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Bottles and Breastfeeding Equipment Screening Act'.

"SEC. 2. TSA SECURITY SCREENING GUIDELINES FOR BABY FORMULA, BREAST MILK, PURIFIED DEIONIZED WATER FOR INFANTS, AND JUICE ON AIRPLANES; TRAINING ON SPECIAL PROCEDURES.

"Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security Administration shall—

"(1) notify air carriers and security screening personnel of the Transportation Security Administration and personnel of private security companies providing security screening pursuant to section 44920 of title 49, United States Code, of such Administration's guidelines regarding permitting baby formula, breast milk, purified deionized water for infants, and juice on airplanes under the Administration's guidelines known as the 3–1–1 Liquids Rule Exemption; and

"(2) in training procedures for security screening personnel of the Administration and private security companies providing security screening pursuant to section 44920 of title 49, United States Code, include training on special screening procedures."

Aviation Security

Pub. L. 114–190, title III, §§3001–3506, July 15, 2016, 130 Stat. 649–664, as amended by Pub. L. 115–254, div. K, title I, §§1937(b)(1), 1955(b), Oct. 5, 2018, 132 Stat. 3579, 3596, provided that:

"SEC. 3001. SHORT TITLE.

"This title [amending section 44946 of this title and sections 607, 609, and 1112 of Title 6, Domestic Security, and enacting this note] may be cited as the 'Aviation Security Act of 2016'.

"SEC. 3002. DEFINITIONS.

"In this title:

"(1) Administrator.—The term 'Administrator' means the Administrator of the Transportation Security Administration.

"(2) Department.—The term 'Department' means the Department of Homeland Security.

"(3) Precheck program.—The term 'PreCheck Program' means the trusted traveler program implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C. 114 note).

"(4) TSA.—The term 'TSA' means the Transportation Security Administration.

"[Subtitle A—TSA PreCheck Expansion]

"[SECS. 3101, 3102. Repealed. Pub. L. 115–254, div. K, title I, §1937(b)(1), Oct. 5, 2018, 132 Stat. 3579.]

"Subtitle B—Securing Aviation From Foreign Entry Points and Guarding Airports Through Enhanced Security

"SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.

"(a) In General.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States.

"(b) Contents.—The security risk assessment required under subsection (a) shall include consideration of the following:

"(1) The level of coordination and cooperation between the TSA and the foreign government of the country in which the last point of departure airport with nonstop flights to the United States is located.

"(2) The intelligence and threat mitigation capabilities of the country in which such airport is located.

"(3) The number of known or suspected terrorists annually transiting through such airport.

"(4) The degree to which the foreign government of the country in which such airport is located mandates, encourages, or prohibits the collection, analysis, and sharing of passenger name records.

"(5) The passenger security screening practices, capabilities, and capacity of such airport.

"(6) The security vetting undergone by aviation workers at such airport.

"(7) The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.

"SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.

"(a) In General.—Not later than 240 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress and the Government Accountability Office a plan—

"(1) to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be high risk; and

"(2) that includes an assessment of the ability of the TSA to enter into a mutual agreement with a foreign government entity that permits TSA representatives to conduct without prior notice inspections of foreign airports.

"(b) GAO Review.—Not later than 180 days after the submission of the plan required under subsection (a), the Comptroller General of the United States shall review the efforts, capabilities, and effectiveness of the TSA to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation.

"SEC. 3203. WORKFORCE ASSESSMENT.

"Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress a comprehensive workforce assessment of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties contribute to the TSA's global efforts to secure transportation security, including a review of whether such personnel are assigned in a risk-based, intelligence-driven manner.

"[SEC. 3204. Repealed. Pub. L. 115–254, div. K, title I, §1955(b), Oct. 5, 2018, 132 Stat. 3596.]

"SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.

"(a) In General.—The Administrator may evaluate foreign countries' air cargo security programs to determine whether such programs provide a level of security commensurate with the level of security required by United States air cargo security programs.

"(b) Approval and Recognition.—

"(1) In general.—If the Administrator determines that a foreign country's air cargo security program evaluated under subsection (a) provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator shall approve and officially recognize such foreign country's air cargo security program.

"(2) Effect of approval and recognition.—If the Administrator approves and officially recognizes pursuant to paragraph (1) a foreign country's air cargo security program, an aircraft transporting cargo that is departing such foreign country shall not be required to adhere to United States air cargo security programs that would otherwise be applicable.

"(c) Revocation and Suspension.—

"(1) In general.—If the Administrator determines at any time that a foreign country's air cargo security program approved and officially recognized under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator may revoke or temporarily suspend such approval and official recognition until such time as the Administrator determines that such foreign country's cargo security programs provide a level of security commensurate with the level of security required by such United States air cargo security programs.

"(2) Notification.—If the Administrator revokes or suspends pursuant to paragraph (1) a foreign country's air cargo security program, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after such revocation or suspension.

"(d) Application.—This section shall apply irrespective of whether cargo is transported on an aircraft of an air carrier, a foreign air carrier, a cargo carrier, or a foreign cargo carrier.

"SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.

"(a) In General.—The Administrator shall establish an international training and capacity development program to train the appropriate authorities of foreign governments in air transportation security.

"(b) Contents of Training.—If the Administrator determines that a foreign government would benefit from training and capacity development assistance pursuant to subsection (a), the Administrator may provide to the appropriate authorities of such foreign government technical assistance and training programs to strengthen aviation security in managerial, operational, and technical areas, including—

"(1) active shooter scenarios;

"(2) incident response;

"(3) use of canines;

"(4) mitigation of insider threats;

"(5) perimeter security;

"(6) operation and maintenance of security screening technology; and

"(7) recurrent related training and exercises.

"Subtitle C—Checkpoint Optimization and Efficiency

"SEC. 3301. SENSE OF CONGRESS.

"It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the aviation system of the United States.

"SEC. 3302. ENHANCED STAFFING ALLOCATION MODEL.

"(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall complete an assessment of the TSA's staffing allocation model to determine the necessary staffing positions at all airports in the United States at which the TSA operates passenger checkpoints.

"(b) Appropriate Staffing.—The staffing allocation model described in subsection (a) shall be based on necessary staffing levels to maintain minimal passenger wait times and maximum security effectiveness.

"(c) Additional Resources.—In assessing necessary staffing for minimal passenger wait times and maximum security effectiveness referred to in subsection (b), the Administrator shall include the use of canine explosives detection teams and technology to assist screeners conducting security checks.

"(d) Transparency.—The Administrator shall share with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate.

"(e) Exchange of Information.—The Administrator shall require each Federal Security Director to engage on a regular basis with the appropriate aviation security stakeholders to exchange information regarding airport operations, including security operations.

"(f) GAO Review.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the staffing allocation model described in subsection (a) and report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review.

"SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.

"(a) In General.—To the greatest extent practicable, the Administrator shall direct that Transportation Security Officers with appropriate certifications and training are assigned to passenger and baggage security screening functions and that other TSA personnel who may not have certification and training to screen passengers or baggage are utilized for tasks not directly related to security screening, including restocking bins and providing instructions and support to passengers in security lines.

"(b) Assessment and Reassignment.—The Administrator shall conduct an assessment of headquarters personnel and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis, as appropriate.

"SEC. 3304. TSA STAFFING AND RESOURCE ALLOCATION.

"(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall take the following actions:

"(1) Utilize the TSA's Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency.

"(2) Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness.

"(3) Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.

"(4) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide recommendations on best practices for checkpoint security operations optimization.

"(b) Staffing Advisory Coordination.—Not later than 30 days after the date of the enactment of this Act, the Administrator shall—

"(1) direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each such airport; and

"(2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such staffing advisory working groups have been established.

"(c) Reporting.—Not later than 60 days after the date of the enactment of this Act, the Administrator shall—

"(1) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding how the TSA's Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and

"(2) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the TSA's Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint operations.

"SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED.

"For purposes of this subtitle, the term 'aviation security stakeholders' shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where applicable, contract screeners.

"SEC. 3306. RULE OF CONSTRUCTION.

"Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security effectiveness.

"Subtitle D—Aviation Security Enhancement and Oversight

"SEC. 3401. DEFINITIONS.

"In this subtitle:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committee on Homeland Security of the House of Representatives;

"(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and

"(C) the Committee on Commerce, Science, and Transportation of the Senate.

"(2) ASAC.—The term 'ASAC' means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code.

"(3) Secretary.—The term 'Secretary' means the Secretary of Homeland Security.

"(4) SIDA.—The term 'SIDA' means the Secure Identification Display Area as such term is defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section.

"SEC. 3402. THREAT ASSESSMENT.

"(a) Insider Threats.—

"(1) In general.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall conduct or update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport (as such term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity.

"(2) Considerations.—In conducting or updating the assessment under paragraph (1), the Administrator shall consider—

"(A) domestic intelligence;

"(B) international intelligence;

"(C) the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their workers;

"(D) the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their workers;

"(E) the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers, and their workers;

"(F) the recent security breaches at domestic and foreign airports; and

"(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC.

"(b) Reports.—The Administrator shall submit to the appropriate congressional committees—

"(1) a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security;

"(2) a report on the implementation status of any recommendations made by the ASAC; and

"(3) regular updates about the insider threat environment as new information becomes available or as needed.

"SEC. 3403. OVERSIGHT.

"(a) Enhanced Requirements.—

"(1) In general.—Subject to public notice and comment, and in consultation with airport operators, the Administrator shall update the rules on access controls issued by the Secretary under chapter 449 of title 49, United States Code.

"(2) Considerations.—As part of the update under paragraph (1), the Administrator shall consider—

"(A) increased fines and advanced oversight for airport operators that report missing more than five percent of credentials for unescorted access to any SIDA of an airport;

"(B) best practices for Category X airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;

"(C) additional audits and status checks for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;

"(D) review and analysis of the prior five years of audits for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport;

"(E) increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24 hours an employment termination or a missing credential for unescorted access to any SIDA of an airport; and

"(F) a method for termination by the employer of any airport worker who fails to report in a timely manner missing credentials for unescorted access to any SIDA of an airport.

"(b) Temporary Credentials.—The Administrator may encourage the issuance by airports and aircraft operators of free, one-time, 24-hour temporary credentials for workers who have reported, in a timely manner, their credentials missing, but not permanently lost, stolen, or destroyed, until replacement of credentials under section 1542.211 of title 49 Code of Federal Regulations is necessary.

"(c) Notification and Report to Congress.—The Administrator shall—

"(1) notify the appropriate congressional committees each time an airport operator reports that more than three percent of credentials for unescorted access to any SIDA at a Category X airport are missing, or more than five percent of credentials to access any SIDA at any other airport are missing; and

"(2) submit to the appropriate congressional committees an annual report on the number of violations and fines related to unescorted access to the SIDA of an airport collected in the preceding fiscal year.

"SEC. 3404. CREDENTIALS.

"(a) Lawful Status.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall issue to airport operators guidance regarding placement of an expiration date on each airport credential issued to a non-United States citizen that is not longer than the period of time during which such non-United States citizen is lawfully authorized to work in the United States.

"(b) Review of Procedures.—

"(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall—

"(A) issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any SIDA of an airport; and

"(B) make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.

"(2) Inclusions.—The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background checks and employment authorization documents issued by United States Citizenship and Immigration Services during the course of a review of procedures under such paragraph.

"SEC. 3405. VETTING.

"(a) Eligibility Requirements.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], and subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport.

"(2) Disqualifying criminal offenses.—In revising the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations and section 1572.103 of title 49, Code of Federal Regulations.

"(3) Waiver process for denied credentials.—Notwithstanding section 44936(b) of title 49, United States Code, in revising the regulations under paragraph (1) of this subsection, the Administrator shall—

"(A) ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and

"(B) consider, as appropriate and practicable—

"(i) the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk or a risk to aviation security warranting denial of the credential; and

"(ii) the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code.

"(4) Look back.—In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual's application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date of the individual's application.

"(5) Certifications.—The Administrator shall require an airport or aircraft operator, as applicable, to certify for each individual who receives unescorted access to any SIDA of an airport that—

"(A) a specific need exists for providing the individual with unescorted access authority; and

"(B) the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge.

"(6) Report to congress.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of title 49, United States Code, in accordance with this section.

"(7) Rule of construction.—Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA.

"(b) Recurrent Vetting.—

"(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator and the Director of the Federal Bureau of Investigation shall fully implement the Rap Back service for recurrent vetting of eligible TSA-regulated populations of individuals with unescorted access to any SIDA of an airport.

"(2) Requirements.—As part of the requirement in paragraph (1), the Administrator shall ensure that—

"(A) any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49, United States Code, or other Federal law; and

"(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators.

"(3) Report to congress.—Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a report on the such implementation.

"(c) Access to Terrorism-Related Data.—Not later than 30 days after the date of the enactment of this Act, the Administrator and the Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism-related category codes to improve the effectiveness of the TSA's credential vetting program for individuals who are seeking or have unescorted access to any SIDA of an airport.

"(d) Access to E–Verify and SAVE Programs.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall authorize each airport operator to have direct access to the E–Verify program and the Systematic Alien Verification for Entitlements (SAVE) automated system to determine the eligibility of individuals seeking unescorted access to any SIDA of an airport.

"SEC. 3406. METRICS.

"(a) In General.—Not later than one year after the date of the enactment of this Act [July 15, 2016], the Administrator shall develop and implement performance metrics to measure the effectiveness of security for the SIDAs of airports.

"(b) Considerations.—In developing the performance metrics under subsection (a), the Administrator may consider—

"(1) adherence to access point procedures;

"(2) proper use of credentials;

"(3) differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport;

"(4) differences in access point characteristics and requirements at airports; and

"(5) any additional factors the Administrator considers necessary to measure performance.

"SEC. 3407. INSPECTIONS AND ASSESSMENTS.

"(a) Model and Best Practices.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], the Administrator, in consultation with the ASAC, shall develop a model and best practices for unescorted access security that—

"(1) use intelligence, scientific algorithms, and risk-based factors;

"(2) ensure integrity, accountability, and control;

"(3) subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;

"(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and

"(5) include validation of identification materials, such as with biometrics.

"(b) Inspections.—Consistent with a risk-based security approach, the Administrator shall expand the use of transportation security officers and inspectors to conduct enhanced, random and unpredictable, data-driven, and operationally dynamic physical inspections of airport workers in each SIDA of an airport and at each SIDA access point to—

"(1) verify the credentials of such airport workers;

"(2) determine whether such airport workers possess prohibited items, except for those items that may be necessary for the performance of such airport workers' duties, as appropriate, in any SIDA of an airport; and

"(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.

"(c) Screening Review.—

"(1) In general.—The Administrator shall conduct a review of airports that have implemented additional airport worker screening or perimeter security to improve airport security, including—

"(A) comprehensive airport worker screening at access points to secure areas;

"(B) comprehensive perimeter screening, including vehicles;

"(C) enhanced fencing or perimeter sensors; and

"(D) any additional airport worker screening or perimeter security measures the Administrator identifies.

"(2) Best practices.—After completing the review under paragraph (1), the Administrator shall—

"(A) identify best practices for additional access control and airport worker security at airports; and

"(B) disseminate to airport operators the best practices identified under subparagraph (A).

"(3) Pilot program.—The Administrator may conduct a pilot program at one or more airports to test and validate best practices for comprehensive airport worker screening or perimeter security under paragraph (2).

"SEC. 3408. COVERT TESTING.

"(a) In General.—The Administrator shall increase the use of red-team, covert testing of access controls to any secure areas of an airport.

"(b) Additional Covert Testing.—The Inspector General of the Department of Homeland Security shall conduct red-team, covert testing of airport access controls to the SIDAs of airports.

"(c) Reports to Congress.—

"(1) Administrator report.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit to the appropriate congressional committees a report on the progress to expand the use of inspections and of red-team, covert testing under subsection (a).

"(2) Inspector general report.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the appropriate congressional committees a report on the effectiveness of airport access controls to the SIDAs of airports based on red-team, covert testing under subsection (b).

"SEC. 3409. SECURITY DIRECTIVES.

"(a) Review.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016] and annually thereafter, the Administrator, in consultation with the appropriate regulated entities, shall conduct a comprehensive review of every current security directive addressed to any regulated entity to—

"(1) determine whether each such security directive continues to be relevant;

"(2) determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and

"(3) update, consolidate, or revoke any security directive as necessary.

"(b) Notice.—For each security directive that the Administrator issues, the Administrator shall submit to the appropriate congressional committees notice of—

"(1) the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and

"(2) when it is anticipated that each such security directive will expire.

"SEC. 3410. IMPLEMENTATION REPORT.

"Not later than one year after the date of the enactment of this Act [July 15, 2016], the Comptroller General of the United States shall—

"(1) assess the progress made by the TSA and the effect on aviation security of implementing the requirements under sections 3402 through 3409 of this subtitle; and

"(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations.

"SEC. 3411. MISCELLANEOUS AMENDMENTS.

"(a) ASAC Terms of Office.—[Amended section 44946 of this title.]

"(b) Feedback.—[Amended section 44946 of this title.]

"Subtitle E—Checkpoints of the Future

"SEC. 3501. CHECKPOINTS OF THE FUTURE.

"(a) In General.—The Administrator, in accordance with chapter 449 of title 49, United States Code, shall request the Aviation Security Advisory Committee (established pursuant to section 44946 of such title) to develop recommendations for more efficient and effective passenger screening processes.

"(b) Considerations.—In making recommendations to improve existing passenger screening processes, the Aviation Security Advisory Committee shall consider—

"(1) the configuration of a checkpoint;

"(2) technology innovation;

"(3) ways to address any vulnerabilities identified in audits of checkpoint operations;

"(4) ways to prevent security breaches at airports at which Federal security screening is provided;

"(5) best practices in aviation security;

"(6) recommendations from airports and aircraft operators, and any relevant advisory committees; and

"(7) 'curb to curb' processes and procedures.

"(c) Report.—Not later than one year after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the Aviation Security Advisory Committee review under this section, including any recommendations for improving passenger screening processes.

"SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS.

"(a) In General.—The Administrator shall establish a pilot program at at least three and not more than six airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas at which screening is conducted.

"(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—

"(1) select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and

"(2) give priority to an airport that—

"(A) submits a proposal that seeks Federal funding for reconfiguration of such airport's security systems;

"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and

"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program.

"SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS.

"(a) In General.—The Administrator shall establish a pilot program at three airports to develop and test prototypes of screening security systems and security checkpoint configurations that are intended to expedite the movement of passengers by deploying a range of technologies, including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies.

"(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—

"(1) select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and installation of security systems expeditiously;

"(2) consider detection capabilities; and

"(3) give priority to an airport that—

"(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems;

"(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and

"(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program.

"SEC. 3504. REPORT REQUIRED.

"Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and a report on the pilot programs established under sections 3502 and 3503 of this subtitle.

"SEC. 3505. FUNDING.

"The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this subtitle using amounts—

"(1) appropriated to the TSA before the date of the enactment of this Act [July 15, 2016] and available for obligation as of such date of enactment; and

"(2) amounts obtained as reimbursements from airports under such pilot programs.

"SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION.

"The Administrator, in carrying out the functions of the pilot programs established under sections 3502 and 3503 of this subtitle, may accept services, supplies, equipment, personnel, or facilities, without reimbursement, from any other public or private entity."

Protection of Passenger Planes From Explosives

Pub. L. 110–53, title XVI, §1610, Aug. 3, 2007, 121 Stat. 484, provided that:

"(a) Technology Research and Pilot Projects.—

"(1) Research and development.—The Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an explosive device from being introduced onto a passenger plane or from damaging a passenger plane while in flight or on the ground. The research shall be used in support of implementation of section 44901 of title 49, United States Code.

"(2) Pilot projects.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects—

"(A) to deploy technologies described in paragraph (1); and

"(B) to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.

"(b) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2008 such sums as may be necessary to carry out this section. Such sums shall remain available until expended."

Standards for Increasing the Use of Explosive Detection Equipment

Pub. L. 109–295, title V, §518, Oct. 4, 2006, 120 Stat. 1380, provided that: "The Secretary of Homeland Security, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 109–90, title V, §524, Oct. 18, 2005, 119 Stat. 2086.

Use of Existing Equipment To Screen Passenger Cargo; Reports

Pub. L. 109–90, title V, §525, Oct. 18, 2005, 119 Stat. 2086, as amended by Pub. L. 114–113, div. F, title V, §510(c), Dec. 18, 2015, 129 Stat. 2514, provided that: "The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That beginning with November 2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month."

In-Line Checked Baggage Screening

Pub. L. 108–458, title IV, §4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:

"(a) In-Line Baggage Screening Equipment.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite the installation and use of in-line baggage screening equipment at airports at which screening is required by section 44901 of title 49, United States Code.

"(b) Schedule.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports, with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will have on staffing needs and levels related to aviation security."

Checked Baggage Screening Area Monitoring

Pub. L. 108–458, title IV, §4020, Dec. 17, 2004, 118 Stat. 3722, provided that:

"(a) In General.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States Code, and that have checked baggage screening areas that are not open to public view in the acquisition and installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked baggage and to aid in the speedy resolution of liability claims against the Transportation Security Administration.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be necessary to carry out this section. Such sums shall remain available until expended."

Pilot Program To Evaluate Use of Blast Resistant Cargo and Baggage Containers

Pub. L. 108–458, title IV, §4051, Dec. 17, 2004, 118 Stat. 3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to volunteer to participate in such program.

Air Cargo Security

Pub. L. 108–458, title IV, §4052, Dec. 17, 2004, 118 Stat. 3728, provided that:

"(a) Air Cargo Screening Technology.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen air cargo.

"(b) Improved Air Cargo and Airport Security.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose of improving aviation security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft—

"(1) $200,000,000 for fiscal year 2005;

"(2) $200,000,000 for fiscal year 2006; and

"(3) $200,000,000 for fiscal year 2007.

Such sums shall remain available until expended.

"(c) Research, Development, and Deployment.—To carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law, for research and development related to enhanced air cargo security technology as well as for deployment and installation of enhanced air cargo security technology—

"(1) $100,000,000 for fiscal year 2005;

"(2) $100,000,000 for fiscal year 2006; and

"(3) $100,000,000 for fiscal year 2007.

Such sums shall remain available until expended.

"(d) Advanced Cargo Security Grants.—

"(1) In general.—The Secretary shall establish and carry out a program to issue competitive grants to encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c).

"(2) Eligibility criteria, etc.—The Secretary shall establish such eligibility criteria, establish such application and administrative procedures, and provide for such matching funding requirements, if any, as may be necessary and appropriate to ensure that the technology is deployed as fully and rapidly as possible."

Identification Standards

Pub. L. 108–458, title VII, §7220, Dec. 17, 2004, 118 Stat. 3835, provided that:

"(a) Proposed Standards.—

"(1) In general.—The Secretary of Homeland Security—

"(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and

"(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section.

"(2) Submission to congress.—Not later than 6 months after the date of enactment of this Act [Dec. 17, 2004], the Secretary shall submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on the same day while each House is in session.

"(3) Effective date.—Any proposed standards submitted to Congress under this subsection shall take effect when an approval resolution is passed by the House and the Senate under the procedures described in subsection (b) and becomes law.

"(b) Congressional Approval Procedures.—

"(1) Rulemaking power.—This subsection is enacted by Congress—

"(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and

"(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

"(2) Approval resolution.—For the purpose of this subsection, the term 'approval resolution' means a joint resolution of Congress, the matter after the resolving clause of which is as follows: 'That the Congress approves the proposed standards issued under section 7220 of the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress on ____________', the blank space being filled in with the appropriate date.

"(3) Introduction.—Not later than the first day of session following the day on which proposed standards are transmitted to the House of Representatives and the Senate under subsection (a), an approval resolution—

"(A) shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House; and

"(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate.

"(4) Prohibitions.—

"(A) Amendments.—No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate.

"(B) Motions to suspend.—No motion to suspend the application of this paragraph shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent.

"(5) Referral.—

"(A) In general.—An approval resolution shall be referred to the committees of the House of Representatives and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a committee to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar.

"(B) Final passage.—A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

"(C) Computation of days.—For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session.

"(6) Coordination with action of other house.—If prior to the passage by one House of an approval resolution of that House, that House receives the same approval resolution from the other House, then the procedure in that House shall be the same as if no approval resolution has been received from the other House, but the vote on final passage shall be on the approval resolution of the other House.

"(7) Floor consideration in the house of representatives.—

"(A) Motion to proceed.—A motion in the House of Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

"(B) Debate.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an approval resolution is agreed to or disagreed to.

"(C) Motion to postpone.—Motions to postpone made in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed to the consideration of other business shall be decided without debate.

"(D) Appeals.—All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an approval resolution shall be decided without debate.

"(E) Rules of the house of representatives.—Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances.

"(8) Floor consideration in the Senate.—

"(A) Motion to proceed.—A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

"(B) Debate on resolution.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or their designees.

"(C) Debate on motions and appeals.—Debate in the Senate on any debatable motion or appeal in connection with an approval resolution shall be limited to not more than 1 hour, which shall be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.

"(D) Limit on debate.—A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution is not in order.

"(c) Default Standards.—

"(1) In general.—If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures described in subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present, for identification purposes—

"(A) a valid, unexpired passport;

"(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;

"(C) any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or

"(D) a document issued by the country of nationality of any alien not required to possess a passport for admission to the United States that the Secretary designates as reliable for identifications purposes

"(2) Exception.—The documentary requirements described in paragraph (1)—

"(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security;

"(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.

"(d) Recommendation to Congress.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Homeland Security shall recommend to Congress—

"(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification standards for access to such facilities; and

"(2) appropriate minimum identification standards to gain access to those facilities."

Deadline for Deployment of Federal Screeners

Pub. L. 107–71, title I, §110(c), Nov. 19, 2001, 115 Stat. 616, provided that, not later than 1 year after Nov. 19, 2001, the Administrator of the Transportation Security Administration would deploy at all airports in the United States where screening is required under this section a sufficient number of Federal screeners, Federal Security Managers, Federal security personnel, and Federal law enforcement officers to conduct the screening of all passengers and property under this section and also not later than 1 year after Nov. 19, 2001, certify to Congress that this requirement was met.

Reports

Pub. L. 107–71, title I, §110(d), Nov. 19, 2001, 115 Stat. 616, provided that:

"(1) Deployment.—Within 6 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on the deployment of the systems required by section 44901(c) of title 49, United States Code. The Under Secretary shall include in the report—

"(A) an installation schedule;

"(B) the dates of installation of each system; and

"(C) the date on which each system installed is operational.

"(2) Screening of small aircraft.—Within 1 year after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives on the screening requirements applicable to passengers boarding, and property being carried aboard, aircraft with 60 seats or less used in scheduled passenger service with recommendations for any necessary changes in those requirements."

Installation of Advanced Security Equipment; Agreements

Pub. L. 104–264, title III, §305(b), Oct. 9, 1996, 110 Stat. 3252, provided that: "The Administrator is authorized to use noncompetitive or cooperative agreements with air carriers and airport authorities that provide for the Administrator to purchase and assist in installing advanced security equipment for the use of such entities."

Passenger Profiling

Pub. L. 104–264, title III, §307, Oct. 9, 1996, 110 Stat. 3253, which related to developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs, was repealed by Pub. L. 118–63, title II, §218(g), May 16, 2024, 138 Stat. 1056.

Authority To Use Certain Funds for Airport Security Programs and Activities

Pub. L. 104–264, title III, §308, Oct. 9, 1996, 110 Stat. 3253, which provided that funds from project grants made under subchapter I of chapter 471 of this title and passenger facility fees collected under section 40117 of this title could be used for the improvement of facilities and the purchase and deployment of equipment to enhance and ensure safe air travel, was repealed by Pub. L. 108–176, title I, §143, Dec. 12, 2003, 117 Stat. 2503.

Installation and Use of Explosive Detection Equipment

Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: "Not later than thirty days after the date of the enactment of this Act [June 30, 1989], the Federal Aviation Administrator shall initiate action, including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such airports (whether located within or outside the United States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator shall complete these actions within sixty days of enactment of this Act".

Research and Development of Improved Airport Security Systems

Pub. L. 100–649, §2(d), Nov. 10, 1988, 102 Stat. 3817, required the Administrator of the Federal Aviation Administration to conduct such research and development as necessary to improve airport security metal detectors and airport security x-ray systems in detecting firearms that were subject to the prohibitions of section 922(p) of Title 18, Crimes and Criminal Procedure.

Definitions of Terms in Title IV of Pub. L. 108–458

Pub. L. 108–458, title IV, §4081, Dec. 17, 2004, 118 Stat. 3731, provided that: "In this title [enacting section 44925 of this title, amending sections 114, 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under this section, sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] (other than in sections 4001 and 4026 [amending sections 114 and 44904 of this title and enacting provisions set out as a note under section 2751 of Title 22]), the following definitions apply:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

"(2) Aviation definitions.—The terms 'air carrier', 'air transportation', 'aircraft', 'airport', 'cargo', 'foreign air carrier', and 'intrastate air transportation' have the meanings given such terms in section 40102 of title 49, United States Code.

"(3) Secure area of an airport.—The term 'secure area of an airport' means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulations)."

Definitions of Terms in Pub. L. 107–71

For definitions of terms used in sections 101(g) and 110(c), (d), of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.

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

² See References in Text note below.

§44902. Refusal to transport passengers and property

(a) Mandatory Refusal.—The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—

(1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or

(2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.

(b) Permissive Refusal.—Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.

(c) Agreeing to Consent to Search.—An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(2), Oct. 5, 2018, 132 Stat. 3630.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44902(a)	49 App.:1511(a) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1111; added Sept. 5, 1961, Pub. L. 87–197, §4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L. 93–366, §204, 88 Stat. 418.
44902(b)	49 App.:1511(a) (last sentence).
44902(c)	49 App.:1511(b).

In this section, the word "passenger" is substituted for "person" for consistency in the revised title.

In subsection (a)(1), the words "of his person" are omitted as surplus.

In subsection (a)(2), the words "or inspection" are omitted as surplus.

In subsection (b), the words "reasonable" and "also" are omitted as surplus. The word "rules" is omitted as being synonymous with "regulations". The words "the carrier decides is" are substituted for "when, in the opinion of the carrier, such transportation would" to eliminate unnecessary words. The words "of flight" are omitted as surplus.

In subsection (c), the words "for compensation or hire" are omitted because of the definitions of "air transportation" and "intrastate air transportation" in section 40102(a) of the revised title. The word "inspect" is omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(2)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.

Subsec. (b). Pub. L. 115–254, §1991(d)(2)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

2001—Subsec. (a). Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in introductory provisions.

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

§44903. Air transportation security

(a) Definitions.—In this section:

(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.

(2) Law enforcement personnel.—The term "law enforcement personnel" means individuals—

(A) authorized to carry and use firearms;

(B) vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and

(C) identifiable by appropriate indicia of authority.

(b) Protection Against Violence and Piracy.—The Administrator shall prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the Administrator shall—

(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities;

(2) consider whether a proposed regulation is consistent with—

(A) protecting passengers; and

(B) the public interest in promoting air transportation and intrastate air transportation;

(3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—

(A) their safety; and

(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and

(4) consider the extent to which a proposed regulation will carry out this section.

(c) Security Programs.—(1) The Administrator shall prescribe regulations under subsection (b) of this section that require each operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement personnel. When the Administrator decides, after being notified by an operator in the form the Administrator prescribes, that not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Administrator may authorize the operator to use, on a reimbursable basis, personnel employed by the Administrator, or by another department, agency, or instrumentality of the Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and private law enforcement personnel. When deciding whether additional personnel are needed, the Administrator shall consider the number of passengers boarded at the airport, the extent of anticipated risk of criminal violence or aircraft piracy at the airport or to the air carrier aircraft operations at the airport, and the availability of qualified State or local law enforcement personnel at the airport.

(2)(A) The Administrator may approve a security program of an airport operator, or an amendment in an existing program, that incorporates a security program of an airport tenant (except an air carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the airport, if the program or amendment incorporates—

(i) the measures the tenant will use, within the tenant's leased areas or areas designated for the tenant's exclusive use under an agreement with the airport operator, to carry out the security requirements imposed by the Administrator on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and

(ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.

(B) If the Administrator approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is responsible for the violation and that the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.

(C) Maximum use of chemical and biological weapon detection equipment.—The Secretary of Transportation may require airports to maximize the use of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.

(3) Pilot programs.—The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.

(d) Authorizing Individuals To Carry Firearms and Make Arrests.—With the approval of the Attorney General and the Secretary of State, the Administrator may authorize an individual who carries out air transportation security duties—

(1) to carry firearms; and

(2) to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.

(e) Exclusive Responsibility Over Passenger Safety.—The Administrator has the exclusive responsibility to direct law enforcement activity related to the safety of passengers on an aircraft involved in an offense under section 46502 of this title from the moment all external doors of the aircraft are closed following boarding until those doors are opened to allow passengers to leave the aircraft. When requested by the Administrator, other departments, agencies, and instrumentalities of the Government shall provide assistance necessary to carry out this subsection.

(f) Government and Industry Consortia.—The Administrator may establish at airports such consortia of government and aviation industry representatives as the Administrator may designate to provide advice on matters related to aviation security and safety. Such consortia shall not be considered Federal advisory committees for purposes of chapter 10 of title 5.

(g) Improvement of Secured-Area Access Control.—

(1) Enforcement.—

(A) Administrator to publish sanctions.—The Administrator shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment.

(B) Use of sanctions.—Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Administrator in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements.

(2) Improvements.—The Administrator shall—

(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;

(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;

(C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance;

(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;

(E) improve and better administer the Administrator's security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources;

(F) improve the execution of the Administrator's quality control program; and

(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.

(h) Improved Airport Perimeter Access Security.—

(1) In general.—The Administrator, in consultation with the airport operator and law enforcement authorities, may order the deployment of such personnel at any secure area of the airport as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.

(2) Security of aircraft and ground access to secure areas.—In determining where to deploy such personnel, the Administrator shall consider the physical security needs of air traffic control facilities, parked aircraft, aircraft servicing equipment, aircraft supplies (including fuel), automobile parking facilities within airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation.

(3) Deployment of federal law enforcement personnel.—The Secretary of Homeland Security may enter into a memorandum of understanding or other agreement with the Attorney General or the head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement personnel at an airport in order to meet aviation safety and security concerns.

(4) Airport perimeter screening.—The Administrator—

(A) shall require screening or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in the United States described in section 44903(c); ¹

(B) shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage;

(C) shall establish procedures to ensure the safety and integrity of—

(i) all persons providing services with respect to aircraft providing passenger air transportation or intrastate air transportation and facilities of such persons at an airport in the United States described in subsection (c);

(ii) all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and

(iii) all persons providing such supplies and facilities of such persons;

(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and

(E) shall issue guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.

(5) Use of biometric technology in airport access control systems.—In issuing guidance under paragraph (4)(E), the Administrator in consultation with representatives of the aviation industry, the biometric identifier industry, and the National Institute of Standards and Technology, shall establish, at a minimum—

(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure;

(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);

(C) procedures for implementing biometric identifier systems—

(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and

(ii) to resolve failures to enroll, false matches, and false non-matches; and

(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.

(6) Use of biometric technology for armed law enforcement travel.—

(A) In general.—The Secretary of Homeland Security, in consultation with the Attorney General, shall—

(i) implement this paragraph by publication in the Federal Register; and

(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.

(B) Program requirements.—The program shall—

(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;

(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;

(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;

(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and

(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.

(C) Procedures.—In establishing the program, the Secretary of Homeland Security shall develop procedures—

(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;

(ii) to preserve the anonymity of the armed law enforcement officer;

(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;

(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;

(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;

(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and

(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.

(7) Definitions.—In this subsection, the following definitions apply:

(A) Biometric identifier information.—The term "biometric identifier information" means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual.

(B) Biometric identifier.—The term "biometric identifier" means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.

(C) Failure to enroll.—The term "failure to enroll" means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors.

(D) False match.—The term "false match" means the incorrect matching of one individual's biometric identifier information to another individual's biometric identifier information by a biometric identifier system.

(E) False non-match.—The term "false non-match" means the rejection of a valid identity by a biometric identifier system.

(F) Secure area of an airport.—The term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).

(i) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.—

(1) In general.—If the Administrator, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Administrator may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft is engaged in providing such transportation.

(2) Usage.—If the Administrator grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Administrator shall—

(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and

(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.

(3) Request of air carriers to use less-than-lethal weapons.—If the Administrator receives a request from an air carrier for authorization to allow pilots of the air carrier to carry less-than-lethal weapons, the Administrator shall respond to that request within 90 days.

(j) Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures.—

(1) In general.—The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.

(2) Secure flight program.—

(A) In general.—The Administrator shall ensure that the Secure Flight program, or any successor program—

(i) is used to evaluate all passengers before they board an aircraft; and

(ii) includes procedures to ensure that individuals selected by the program and their carry-on and checked baggage are adequately screened.

(B) Modifications.—The Administrator may modify any requirement under the Secure Flight program for flights that originate and terminate within the same State, if the Administrator determines that—

(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and

(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.

(C) Advanced airline passenger prescreening.—

(i) Commencement of testing.—The Administrator shall commence testing of an advanced passenger prescreening system that will allow the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government.

(ii) Assumption of function.—The Administrator, or the designee of the Administrator, shall begin to assume the performance of the passenger prescreening function of comparing passenger information to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function.

(iii) Requirements.—In assuming performance of the function under clause (ii), the Administrator shall—

(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;

(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;

(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;

(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;

(V) implement substantial security measures to protect the system from unauthorized access;

(VI) adopt policies establishing effective oversight of the use and operation of the system; and

(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.

(iv) Passenger information.—After the completion of the testing of the advanced passenger prescreening system, the Administrator, by order or interim final rule—

(I) shall require air carriers to supply to the Administrator the passenger information needed to begin implementing the advanced passenger prescreening system; and

(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).

(v) Inclusion of detainees on no fly list.—The Administrator, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term "detainee" means an individual in the custody or under the physical control of the United States as a result of armed conflict.

(D) Screening of employees against watchlist.—The Administrator, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before—

(i) being certificated by the Federal Aviation Administration;

(ii) being granted unescorted access to the secure area of an airport; or

(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.

(E) Aircraft charter customer and lessee prescreening.—

(i) In general.—The Administrator Administrator ² shall establish a process by which operators of aircraft to be used in charter air transportation with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500 pounds may—

(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and

(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.

(ii) Requirements.—The requirements of subparagraph (C)(iii) shall apply to this subparagraph.

(iii) No fly and automatic selectee lists.—The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the no fly and automatic selectee lists.

(F) Applicability.—Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).

(G) Appeal procedures.—

(i) In general.—The Administrator shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information.

(ii) Records.—The process shall include the establishment of a method by which the Administrator will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation Security Administration record shall contain information determined by the Administrator to authenticate the identity of such a passenger or individual.

(H) Definition.—In this paragraph, the term "secure area of an airport" means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).

(k) Limitation on Liability for Acts To Thwart Criminal Violence or Aircraft Piracy.—An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.

(l) Air Charter Program.—

(1) In general.—The Administrator shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) with a maximum certificated takeoff weight of more than 12,500 pounds.

(2) Exemption for armed forces charters.—

(A) In general.—Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces.

(B) Security procedures.—The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c).

(C) Armed forces defined.—In this paragraph, the term "armed forces" has the meaning given that term by section 101(a)(4) of title 10.

(m) Security Screening for Members of the Armed Forces.—

(1) In general.—The Administrator, in consultation with the Department of Defense, shall develop and implement a plan to provide expedited security screening services for a member of the armed forces, and, to the extent possible, any accompanying family member, if the member of the armed forces, while in uniform, presents documentation indicating official orders for air transportation departing from a primary airport (as defined in section 47102).

(2) Protocols.—In developing the plan, the Administrator shall consider—

(A) leveraging existing security screening models used to reduce passenger wait times;

(B) establishing standard guidelines for the screening of military uniform items, including combat boots; and

(C) incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.

(3) Rule of construction.—Nothing in this subsection shall affect the authority of the Administrator to require additional screening of a member of the armed forces if intelligence or law enforcement information indicates that additional screening is necessary.

(4) Report to congress.—The Administrator shall submit to the appropriate committees of Congress a report on the implementation of the plan.

(n) Passenger Exit Points From Sterile Area.—

(1) In general.—The Secretary of Homeland Security shall ensure that the Transportation Security Administration is responsible for monitoring passenger exit points from the sterile area of airports at which the Transportation Security Administration provided such monitoring as of December 1, 2013.

(2) Sterile area defined.—In this section, the term "sterile area" has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1205; Pub. L. 106–181, title VII, §717, Apr. 5, 2000, 114 Stat. 163; Pub. L. 106–528, §§4, 6, Nov. 22, 2000, 114 Stat. 2520, 2521; Pub. L. 107–71, title I, §§101(f)(7)–(9), 106(a), (c), (d), 120, 126(b), 136, 144, Nov. 19, 2001, 115 Stat. 603, 608-610, 629, 632, 636, 644; Pub. L. 107–296, title XIV, §§1405, 1406, Nov. 25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI, §606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 108–458, title IV, §§4011(a), 4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI, §1615(a), Aug. 3, 2007, 121 Stat. 486; Pub. L. 111–83, title V, §553, Oct. 28, 2009, 123 Stat. 2179; Pub. L. 112–86, §2(a), Jan. 3, 2012, 125 Stat. 1874; Pub. L. 113–67, div. A, title VI, §603, Dec. 26, 2013, 127 Stat. 1188; Pub. L. 115–254, div. K, title I, §1991(d)(3), Oct. 5, 2018, 132 Stat. 3630; Pub. L. 117–286, §4(a)(316), Dec. 27, 2022, 136 Stat. 4340.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44903(a)	49 App.:1357(f).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(a), (b), (e)(2), (3), (f); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415, 417.
44903(b)	49 App.:1357(a).
44903(c)(1)	49 App.:1357(b).
44903(c)(2)	49 App.:1357(g).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(g); added Aug. 15, 1990, Pub. L. 101–370, §2, 104 Stat. 451.
44903(d)	49 App.:1356b.	Aug. 8, 1985, Pub. L. 99–83, §553(b), 99 Stat. 226.
44903(e)	49 App.:1357(e)(2), (3).

In this section, the word "passengers" is substituted for "persons" for consistency in the revised title.

In subsection (a)(2), the words "the degree of" are substituted for "such" for clarity.

In subsection (b), before clause (1), the word "rules" is omitted as being synonymous with "regulations". The words "such reasonable . . . requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem necessary" are omitted as surplus. The word "air" after "intrastate" is added for clarity and consistency. The words "and amending" are omitted as surplus. In clause (1), the words "the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities" are substituted for "such other Federal, State, and local agencies" for consistency in the revised title and with other titles of the United States Code. The words "as he may deem appropriate" are omitted as surplus. In clause (2)(A), the words "in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy" are omitted as surplus. In clause (3), before subclause (A), the words "inspection" and "in air transportation and intrastate air transportation" are omitted as surplus. In subclause (B), the words "that they will receive" and "any air transportation security program established under" are omitted as surplus. In clause (4), the words "contribute to . . . the purposes of" are omitted as surplus.

In subsection (c)(1), the words "traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy" and "whose services are made available by their employers" are omitted as surplus. The words "department, agency, or instrumentality of the Government" are substituted for "Federal department or agency" for consistency in the revised title and with other titles of the Code. The word "When" is substituted for "In any case in which" to eliminate unnecessary words. The words "receipt of", "by order", "the services of", "directly", and "at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary" are omitted as surplus. The words "When deciding whether additional personnel are needed" are substituted for "In making the determination referred to in the preceding sentence" for clarity.

In subsection (c)(2)(A), before clause (i), the words "under this section" are omitted as surplus. The words "or an amendment in an existing program" are substituted for "and may approve an amendment to a security program of an airport operator approved by the Administrator under subsection (b)" to eliminate unnecessary words. In clause (ii), the word "monetary" is substituted for "financial" for consistency.

In subsection (e), the words "Notwithstanding any other provisions of law", "the commission of", "considered", and "the moment when" before "such door" are omitted as surplus. The words "to allow passengers to leave" are substituted for "disembarkation", and the words "the aircraft" are added, for clarity. The words "departments, agencies, and instrumentalities of the Government" are substituted for "Federal departments and agencies" for consistency in the revised title and with other titles of the Code. The words "as may be . . . the purposes of" are omitted as surplus.

Editorial Notes

References in Text

Section 607 of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108–176, which is set out as a note below.

Amendments

2022—Subsec. (f). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)."

2018—Pub. L. 115–254, §1991(d)(3)(I), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(3)(A), substituted "Definitions" for "Definition" in heading and "In this section:" for "In this section, 'law enforcement personnel' means individuals—" in introductory provisions, added par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C) of par. (2), inserted before subpar. (A) "(2) Law enforcement personnel.—The term 'law enforcement personnel' means individuals—", and in subpar. (B) substituted "Administrator" for "Under Secretary of Transportation for Security".

Subsec. (d). Pub. L. 115–254, §1991(d)(3)(B), substituted "Administrator" for "Secretary of Transportation" in introductory provisions.

Subsec. (g)(2)(E), (F). Pub. L. 115–254, §1991(d)(3)(C), substituted "Administrator's" for "Under Secretary's".

Subsec. (h)(3). Pub. L. 115–254, §1991(d)(3)(D)(i), substituted "Secretary of Homeland Security" for "Secretary".

Subsec. (h)(4)(A). Pub. L. 115–254, §1991(d)(3)(D)(ii)(I), struck out ", as soon as practicable after the date of enactment of this subsection," after "shall require".

Subsec. (h)(4)(C)(i). Pub. L. 115–254, §1991(d)(3)(D)(ii)(II), substituted "subsection (c)" for "section 44903(c)".

Subsec. (h)(4)(E). Pub. L. 115–254, §1991(d)(3)(D)(ii)(III), struck out ", not later than March 31, 2005," after "shall issue".

Subsec. (h)(5). Pub. L. 115–254, §1991(d)(3)(D)(iii), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.

Subsec. (h)(6)(A). Pub. L. 115–254, §1991(d)(3)(D)(iv)(I), substituted "The" for "Not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the" in introductory provisions.

Subsec. (h)(6)(A)(i). Pub. L. 115–254, §1991(d)(3)(D)(iv)(II), substituted "paragraph" for "section".

Subsec. (h)(6)(C). Pub. L. 115–254, §1991(d)(3)(D)(v), substituted "Secretary of Homeland Security" for "Secretary" in introductory provisions.

Subsec. (i)(3). Pub. L. 115–254, §1991(d)(3)(E), struck out ", after the date of enactment of this paragraph," after "If".

Subsec. (j)(1). Pub. L. 115–254, §1991(d)(3)(F)(i), amended par. (1) generally. Prior to amendment, par. (1) required the Under Secretary of Transportation for Security to recommend to airport operators, within 6 months after Nov. 19, 2001, commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.

Subsec. (j)(2). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VII), substituted "Administrator" for "Assistant Secretary" wherever appearing.

Pub. L. 115–254, §1991(d)(3)(F)(ii)(I), substituted "Secure flight program" for "Computer-assisted passenger prescreening system" in heading.

Subsec. (j)(2)(A). Pub. L. 115–254, §1991(d)(3)(F)(ii)(II), substituted "Administrator" for "Secretary of Transportation", "Secure Flight program" for "Computer-Assisted Passenger Prescreening System", and, in two places, "program" for "system".

Subsec. (j)(2)(B). Pub. L. 115–254, §1991(d)(3)(F)(ii)(III), in introductory provisions, substituted "Administrator" for "Secretary of Transportation", "Secure Flight program" for "Computer-Assisted Passenger Prescreening System", and "Administrator" for "Secretary".

Subsec. (j)(2)(C)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(aa), substituted "The Administrator" for "Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary,".

Subsec. (j)(2)(C)(ii). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(bb), substituted "The" for "Not later than 180 days after completion of testing under clause (i), the".

Subsec. (j)(2)(C)(iv). Pub. L. 115–254, §1991(d)(3)(F)(ii)(IV)(cc), substituted "After" for "Not later than 180 days after" in introductory provisions.

Subsec. (j)(2)(D). Pub. L. 115–254, §1991(d)(3)(F)(ii)(V), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)" in introductory provisions.

Subsec. (j)(2)(E)(i). Pub. L. 115–254, §1991(d)(3)(F)(ii)(VI), substituted "The Administrator" for "Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the" in introductory provisions.

Subsec. (l)(1). Pub. L. 115–254, §1991(d)(3)(G), substituted "Administrator" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".

Subsec. (m). Pub. L. 115–254, §1991(d)(3)(H)(ii), substituted "Administrator" for "Assistant Secretary" wherever appearing.

Subsec. (m)(1). Pub. L. 115–254, §1991(d)(3)(H)(i), substituted "Administrator" for "Assistant Secretary of Homeland Security (Transportation Security Administration)".

2013—Subsec. (n). Pub. L. 113–67 added subsec. (n).

2012—Subsec. (m). Pub. L. 112–86 added subsec. (m).

2009—Subsec. (j)(2)(C)(v). Pub. L. 111–83 added cl. (v).

2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6) generally. Prior to amendment, par. (6) related to establishment of a uniform law enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.

2004—Subsec. (h)(4)(E). Pub. L. 108–458, §4011(a)(1), substituted "shall issue, not later than March 31, 2005, guidance for" for "may provide for".

Subsec. (h)(5) to (7). Pub. L. 108–458, §4011(a)(2), added pars. (5) to (7).

Subsec. (j)(2)(C) to (H). Pub. L. 108–458, §4012(a)(1), added subpars. (C) to (H).

2003—Subsec. (l). Pub. L. 108–176 added subsec. (l).

2002—Subsec. (h). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or aircraft piracy, as (k).

Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons, as (i).

Subsec. (i). Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons, as (i). Former subsec. (i) redesignated (j).

Subsec. (i)(1). Pub. L. 107–296, §1405(b)(1), substituted "If the Under Secretary" for "If the Secretary" and "the Under Secretary may" for "the Secretary may".

Subsec. (i)(2). Pub. L. 107–296, §1405(b)(2), substituted "Under Secretary" for "Secretary" in two places in introductory provisions.

Subsec. (i)(3). Pub. L. 107–296, §1405(a), added par. (3).

Subsec. (j). Pub. L. 107–296, §1406(1), redesignated subsec. (i) as (j).

Subsec. (k). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or aircraft piracy, as (k).

2001—Subsec. (a)(2). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places in introductory provisions.

Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.

Subsec. (c)(2)(C). Pub. L. 107–71, §120, amended heading and text of subpar. (C) generally, substituting provisions relating to maximum use of chemical and biological weapon detection equipment for provisions relating to a manual process at explosive detection locations for randomly selecting additional checked bags for screening.

Subsec. (c)(3). Pub. L. 107–71, §106(d), added par. (3).

Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.

Subsec. (g)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.

Subsec. (g)(2)(A). Pub. L. 107–71, §106(c)(1), substituted "weaknesses;" for "weaknesses by January 31, 2001;".

Subsec. (g)(2)(D). Pub. L. 107–71, §106(c)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: "assess and test for compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when noncompliance is found;".

Subsec. (g)(2)(C). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (g)(2)(E). Pub. L. 107–71, §101(f)(8), substituted "Under Secretary's" for "Administrator's".

Subsec. (g)(2)(F). Pub. L. 107–71, §§101(f)(8), 106(c)(3), substituted "Under Secretary's" for "Administrator's" and "program;" for "program by January 31, 2001;".

Subsec. (g)(2)(G). Pub. L. 107–71, §106(c)(4), added subpar. (G) and struck out former subpar. (G) which read as follows: "require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the security of passengers and aircraft by January 31, 2001."

Subsec. (h). Pub. L. 107–71, §144, which directed that subsec. (h) relating to limitation on liability for acts to thwart criminal violence or aircraft piracy be added at end of section 44903, without specifying the Code title to be amended, was executed by making the addition at the end of this section, to reflect the probable intent of Congress.

Pub. L. 107–71, §126(b), added subsec. (h) relating to authority to arm flight deck crews with less-than-lethal weapons.

Pub. L. 107–71, §106(a), added subsec. (h) relating to improved airport perimeter access security.

Subsec. (i). Pub. L. 107–71, §136, added subsec. (i).

2000—Subsec. (c)(2)(C). Pub. L. 106–528, §6, added subpar. (C).

Subsec. (f). Pub. L. 106–181 added subsec. (f).

Subsec. (g). Pub. L. 106–528, §4, added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–86, §2(b), Jan. 3, 2012, 125 Stat. 1875, provided that: "Not later than 180 days after the date of enactment of this Act [Jan. 3, 2012], the Assistant Secretary shall implement the plan required by this Act [amending this section and enacting provisions set out as a note under section 40101 of this title]."

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.

Effective Date of 2000 Amendments

Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.

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.

Formal Policy on Sexual Assault and Harassment on Air Carriers

Pub. L. 118–63, title IV, §435, May 16, 2024, 138 Stat. 1174, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [May 16, 2024], passenger air carriers operating under part 121 of title 14, Code of Federal Regulations, shall issue, in consultation with labor unions representing personnel, a formal policy with respect to sexual assault or harassment incidents.

"(b) Contents.—Each policy required under subsection (a) shall include—

"(1) a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance;

"(2) procedures that facilitate the reporting of a sexual assault or harassment incident, including—

"(A) appropriate public outreach activities; and

"(B) confidential phone and internet-based opportunities for reporting;

"(3) procedures that personnel should follow upon the reporting of a sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement, including the Federal Bureau of Investigation, when appropriate;

"(4) procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier by any passenger who commits a sexual assault or harassment incident; and

"(5) training that is required for all appropriate personnel with respect to each such policy, including specific training for personnel who may receive reports of sexual assault or harassment incidents.

"(c) Passenger Information.—An air carrier described in subsection (a) shall display, on the website of the air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a sexual assault or harassment incident.

"(d) Standard of Care.—Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the air carrier described in subsection (a) has acted with any requisite standard of care.

"(e) Rules of Construction.—

"(1) Effect on authorities.—Nothing in this section shall be construed as granting the Secretary [of Transportation] any additional authorities beyond ensuring that a passenger air carrier operating under part 121 of title 14, Code of Federal Regulations issues a formal policy and displays required information in compliance with this section.

"(2) Effect on other laws.—Nothing in this section shall be construed to alter existing authorities of the Equal Employment Opportunity Commission, the Department of Labor, or the Department of Justice to enforce applicable employment and sexual assault and sexual harassment laws.

"(f) Definitions.—In this section:

"(1) Personnel.—The term 'personnel' means an employee or contractor of passenger air carrier operating under part 121 of title 14, Code of Federal Regulations.

"(2) Sexual assault.—The term 'sexual assault' means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.

"(3) Sexual assault or harassment incident.—The term 'sexual assault or harassment incident' means the occurrence, or reasonably suspected occurrence, of an act that—

"(A) constitutes sexual assault or sexual harassment; and

"(B) is committed—

"(i) by a passenger or personnel against another passenger or personnel; and

"(ii) within an aircraft or in an area in which passengers are entering or exiting an aircraft."

Secondary Cockpit Barriers

Pub. L. 118–63, title III, §350, May 16, 2024, 138 Stat. 1110, provided that:

"(a) In General.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee to review and develop findings and recommendations to require installation of a secondary cockpit barrier on commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations, that are not captured under another regulation or proposed regulation.

"(b) Membership.—The Administrator shall appoint a chair and members of the rulemaking committee convened under subsection (a), which shall be comprised of at least 1 representative from the constituencies of—

"(1) mainline air carriers;

"(2) regional air carriers;

"(3) aircraft manufacturers;

"(4) passenger aircraft pilots represented by a labor group;

"(5) flight attendants represented by a labor group;

"(6) airline passengers; and

"(7) other stakeholders the Administrator determines appropriate.

"(c) Considerations.—The aviation rulemaking committee convened under subsection (a) shall consider—

"(1) minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations;

"(2) secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types;

"(3) the availability of certified secondary barriers suitable for use on such aircraft types;

"(4) the development, certification, testing, manufacturing, installation, and training for secondary barriers for such aircraft types;

"(5) flight duration and stage length;

"(6) the location of lavatories on such aircraft as related to operational complexities;

"(7) operational complexities;

"(8) any risks to safely evacuate passengers of such aircraft; and

"(9) other considerations the Administrator determines appropriate.

"(d) Report to Congress.—Not later than 12 months after the convening of the aviation rulemaking committee described in subsection (a), 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 based on the findings and recommendations of the aviation rulemaking committee convened under subsection (a), including—

"(1) if applicable, any dissenting positions on the findings and the rationale for each position; and

"(2) any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement.

"(e) Installation of Secondary Cockpit Barriers of Existing Aircraft.—Not later than 36 months after the date of the submission of the report under subsection (d), the Administrator shall, taking into consideration the final reported findings and recommendations of the aviation rulemaking committee, issue a final rule requiring installation of a secondary cockpit barrier on each commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations."

Pub. L. 115–254, div. B, title III, §336, Oct. 5, 2018, 132 Stat. 3281, provided that:

"(a) Short Title.—This section may be cited as the 'Saracini Aviation Safety Act of 2018'.

"(b) Requirement.—Not later than 1 year after the date of the enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall issue an order requiring installation of a secondary cockpit barrier on each new aircraft that is manufactured for delivery to a passenger air carrier in the United States operating under the provisions of part 121 of title 14, Code of Federal Regulations."

Sexual Misconduct Onboard Aircraft

Pub. L. 115–254, div. B, title III, §§339A, 339B, Oct. 5, 2018, 132 Stat. 3282, 3283, provided that:

"SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.

"(a) Establishment of Task Force.—The Secretary of Transportation shall establish a task force, to be known as the 'National In-Flight Sexual Misconduct Task Force' (referred to in this section as 'Task Force') to—

"(1) review current practices, protocols and requirements of air carriers in responding to allegations of sexual misconduct by passengers onboard aircraft, including training, reporting and data collection; and

"(2) provide recommendations on training, reporting and data collection regarding allegations of sexual misconduct occurring on passenger airline flights that are informed by the review of information described in paragraph (1) and subsection (c)(5) on passengers who have experienced sexual misconduct onboard aircraft.

"(b) Membership.—The Task Force shall be composed of, at a minimum, representatives from—

"(1) [the] Department of Transportation;

"(2) [the] Department of Justice, including the Federal Bureau of Investigation, Office of Victims for Crimes [sic], and the Office on Violence Against Women;

"(3) National organizations that specialize in providing services to sexual assault victims;

"(4) labor organizations that represent flight attendants;

"(5) labor organizations that represent pilots;

"(6) airports;

"(7) air carriers;

"(8) State and local law enforcement agencies; and

"(9) such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers appropriate.

"(c) Purpose of Task Force.—The purpose of the Task Force shall be to—

"(1) issue recommendations for addressing allegations of sexual misconduct by passengers onboard aircraft, including airline employee and contractor training;

"(2) issue recommendations on effective ways for passengers involved in incidents of alleged sexual misconduct to report such allegation of sexual misconduct;

"(3) issue recommendations on how to most effectively provide data on instances of alleged sexual misconduct onboard aircraft and to whom the data collected should be reported in a manner that protects the privacy and confidentiality of individuals involved in incidents of alleged sexual misconduct and precludes the release of data that publically identifies an individual air carrier to enable better understanding of the frequency and severity of such misconduct;

"(4) issue recommendations for flight attendants, pilots, and other appropriate airline personnel on law enforcement notification in incidents of alleged sexual misconduct;

"(5) review and utilize first-hand accounts from passengers who have experienced sexual misconduct onboard aircraft; and

"(6) other matters deemed necessary by the Task Force.

"(d) Report.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Task Force shall submit a report with its recommendations and findings developed pursuant to subsection (c) to the Secretary of Transportation.

"(e) Plan.—Not later than 180 days after receiving the report required under subsection (d)[,] the Secretary of Transportation, in coordination with relevant federal agencies, 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 plan to address the recommendations in the report required under subsection (d). The Secretary of Transportation shall make changes to guidance, policies and regulations, as necessary, within 1 year of submitting the plan required in this subsection.

"(f) Regulations.—Not later than 1 year after submitting the plan required in this subsection [probably means "subsection (e)"], the Secretary of Transportation may issue regulations as deemed necessary to require each air carrier and other covered entity to develop a policy concerning sexual misconduct in accordance with the recommendations and findings of the Task Force under subsection (c).

"(g) Sunset.—The Task Force established pursuant to subsection (a) shall terminate upon the submission of the report pursuant to subsection (d).

"SEC. 339B. REPORTING PROCESS FOR SEXUAL MISCONDUCT ONBOARD AIRCRAFT.

"(a) In General.—Not later than two years after the date of the enactment of this Act [Oct. 5, 2018], the Attorney General, in coordination with relevant Federal agencies, shall establish a streamlined process, based on the plan required under section 339A(e) of this Act, for individuals involved in incidents of alleged sexual misconduct onboard aircraft to report such allegations of sexual misconduct to law enforcement in a manner that protects the privacy and confidentiality of individuals involved in such allegations.

"(b) Availability of Reporting Process.—The process for reporting established under subsection (a) shall be made available to the public on the primary Internet websites of—

"(1) the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice;

"(2) the Federal Bureau of Investigation; and

"(3) the Department of Transportation."

Employee Assault Prevention and Response Plans

Pub. L. 115–254, div. B, title V, §551, Oct. 5, 2018, 132 Stat. 3378, as amended by Pub. L. 118–63, title IV, §434(b), May 16, 2024, 138 Stat. 1174, provided that:

"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a 'part 121 air carrier'), shall submit to the Administrator [of the Federal Aviation Administration] for review and acceptance an Employee Assault Prevention and Response Plan related to the customer service agents of the air carrier and that is developed in consultation with the labor union representing such agents.

"(b) Contents of Plan.—An Employee Assault Prevention and Response Plan submitted under subsection (a) shall include the following:

"(1) Reporting protocols for air carrier customer service agents who have been the victim of a verbal or physical assault.

"(2) Protocols for the immediate notification of law enforcement after an incident of verbal or physical assault committed against an air carrier customer service agent.

"(3) Protocols for informing Federal law enforcement with respect to violations of section 46503 of title 49, United States Code.

"(4) Protocols for ensuring that a passenger involved in a violent incident with a customer service agent of an air carrier is not allowed to move through airport security or board an aircraft until appropriate law enforcement has had an opportunity to assess the incident and take appropriate action.

"(5) Protocols for air carriers to inform passengers of Federal laws protecting Federal, airport, and air carrier employees who have security duties within an airport.

"(c) Employee Training.—A part 121 air carrier shall conduct initial and recurrent training for all employees, including management, of the air carrier with respect to the plan required under subsection (a), which shall include training on de-escalating hostile situations, written protocols on dealing with hostile situations, and the reporting of relevant incidents.

"(d) Study.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall—

"(1) complete a study of crimes of violence (as defined in section 16 of title 18, United States Code) committed against airline customer service representatives while they are performing their duties and on airport property; and

"(2) submit the findings of the study, including any recommendations, 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].

"(e) Gap Analysis.—The study required under subsection (d) shall include a gap analysis to determine if State and local laws and resources are adequate to deter or otherwise address the crimes of violence described in subsection (a) and recommendations on how to address any identified gaps.

"(f) Briefing to Congress.—Not later than 90 days after the date of enactment of this subsection [May 16, 2024], the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section."

Transportation Security Laboratory

Pub. L. 115–254, div. K, title I, §1915, Oct. 5, 2018, 132 Stat. 3555, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Secretary [of Homeland Security], in consultation with the Administrator [of the Transporation Security Administration] and the Undersecretary for Science and Technology—

"(1) shall conduct a review to determine whether the TSA [Transportation Security Administration] is the most appropriate component within the Department [of Homeland Security] to administer the Transportation Security Laboratory; and

"(2) may direct the TSA to administer the Transportation Security Laboratory if the review under paragraph (1) identifies the TSA as the most appropriate component.

"(b) Periodic Reviews.—The Secretary shall periodically review the screening technology test and evaluation process conducted at the Transportation Security Laboratory to improve the coordination, collaboration, and communication between the Transportation Security Laboratory and the TSA to identify factors contributing to acquisition inefficiencies, develop strategies to reduce acquisition inefficiencies, facilitate more expeditious initiation and completion of testing, and identify how laboratory practices can better support acquisition decisions.

"(c) Reports.—The Secretary shall report the findings of each review under this section to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives]."

Pilot Program for Automated Exit Lane Technology

Pub. L. 115–254, div. K, title I, §1920, Oct. 5, 2018, 132 Stat. 3560, provided that:

"(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall establish a pilot program to implement and evaluate the use of automated exit lane technology at small hub airports and nonhub airports (as those terms are defined in section 40102 of title 49, United States Code).

"(b) Partnership.—The Administrator shall carry out the pilot program in partnership with the applicable airport directors.

"(c) Cost Share.—The Federal share of the cost of the pilot program under this section shall not exceed 85 percent of the total cost of the program.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out the pilot program under this section $15,000,000 for each of fiscal years 2019 through 2021.

"(e) GAO Report.—Not later than 2 years after the date the pilot program is implemented, the Comptroller General of the United States shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report on the pilot program, including—

"(1) the extent of airport participation in the pilot program and how the program was implemented;

"(2) the results of the pilot program and any reported benefits, including the impact on security and any cost-related efficiencies realized by TSA [Transportation Security Administration] or at the participating airports; and

"(3) the feasibility of expanding the pilot program to additional airports, including to medium and large hub airports."

Securing Airport Worker Access Points

Pub. L. 115–254, div. K, title I, §1934, Oct. 5, 2018, 132 Stat. 3572, provided that:

"(a) Cooperative Efforts to Enhance Airport Security Awareness.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall consult with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees to enhance security awareness of credentialed airport populations regarding insider threats to aviation security and best practices related to airport access controls.

"(b) Credentialing Standards.—Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees, shall assess credentialing standards, policies, and practices, including implementation of relevant credentialing updates required under the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) [see Tables for classification], to ensure that insider threats to aviation security are adequately addressed.

"(c) SIDA Applications.—

"(1) Social security numbers required.—

"(A) In general.—Not later than 60 days after the date of enactment of this Act, the Administrator shall revise the application submitted by an individual applying for a credential granting access to the Secure Identification Area of an airport to require the social security number of such individual in order to strengthen security vetting effectiveness.

"(B) Failure to provide number.—An applicant who does not provide such applicant's social security number may be denied such a credential.

"(2) Screening notice.—The Administrator shall issue requirements for an airport operator to include in each application for access to a Security Identification Display Area notification to the applicant that an employee holding a credential granting access to a Security Identification Display Area may be screened at any time while gaining access to, working in, or leaving a Security Identification Display Area.

"(d) Secured and Sterile Areas of Airports.—The Administrator shall consult with airport operators and airline operators to identify advanced technologies, including biometric identification technologies, that could be used for securing employee access to the secured areas and sterile areas of airports.

"(e) Rap Back Vetting .—Not later than 180 days after the date of enactment of this Act, the Administrator shall identify and submit to the appropriate committees of Congress the number of credentialed aviation worker populations at airports that are continuously vetted through the Federal Bureau of Investigation's Rap Back Service, consistent with section 3405(b)(2) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44901 note).

"(f) Insider Threat Education and Mitigation.—Not later than 180 days after the date of enactment of this Act, the Administrator shall identify means of enhancing the TSA's ability to leverage the resources of the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to educate Administration personnel on insider threats to aviation security and how the TSA can better mitigate such insider threats.

"(g) Employee Inspections.—Consistent with the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615), the Administrator shall ensure that TSA-led, random employee physical inspection efforts of aviation workers are targeted, strategic, and focused on providing the greatest level of security effectiveness.

"(h) Covert Testing.—

"(1) In general.—Consistent with the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615), the Administrator shall continue to conduct covert testing of TSA-led employee inspection operations at airports and measure existing levels of security effectiveness.

"(2) Requirements.—The Administrator shall provide—

"(A) the results of such testing to—

"(i) the airport operator for the airport that is the subject of any such testing; and

"(ii) as appropriate, to air carriers and foreign air carriers that operate at the airport that is the subject of such testing; and

"(B) recommendations and technical assistance for air carriers, foreign air carriers, and airport operators to conduct their own employee inspections, as needed.

"(3) Annual reporting.—The Administrator shall for each of fiscal years 2019 through 2021, submit to the appropriate committees of Congress a report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports.

"(i) Centralized Database.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator, in consultation with ASAC, shall—

"(A) subject to paragraph (2), establish a national, centralized database of the names of each individual who—

"(i) has had an airport-issued badge revoked for failure to comply with aviation security requirements; or

"(ii) has had an aircraft operator-issued badge revoked for failure to comply with aviation security requirements;

"(B) determine the appropriate reporting mechanisms for air carriers, foreign air carriers, and airport operators—

"(i) to submit to the Administration data regarding an individual described in subparagraph (A); and

"(ii) to access the database; and

"(C) establish a process to allow an individual whose name is mistakenly entered into the database to correct the record and have the individual's name expunged from the database.

"(2) Limitation.—The database shall not include the name of any individual whose badge has been revoked as a result of a termination or cessation of employment unrelated to—

"(A) a violation of a security requirement; or

"(B) a determination that the individual poses a threat to aviation security."

[For definitions of terms used in section 1934 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Law Enforcement Officer Reimbursement Program

Pub. L. 115–254, div. K, title I, §1935, Oct. 5, 2018, 132 Stat. 3574, provided that:

"(a) In General.—In accordance with section 44903(c)(1) of title 49, United States Code, the Administrator [of the Transportation Security Administration] shall increase the number of awards, and the total funding amount of each award, under the Law Enforcement Officer Reimbursement Program—

"(1) to increase the presence of law enforcement officers in the public areas of airports, including baggage claim, ticket counters, and nearby roads;

"(2) to increase the presence of law enforcement officers at screening checkpoints;

"(3) to reduce the response times of law enforcement officers during security incidents; and

"(4) to provide visible deterrents to potential terrorists.

"(b) Cooperation by Administrator.—In carrying out subsection (a), the Administrator shall use the authority provided to the Administrator under section 114(m) of title 49, United States Code, that is the same authority as is provided to the Administrator of the Federal Aviation Administration under section 106(m) of that title.

"(c) Administrative Burdens.—The Administrator shall review the regulations and compliance policies related to the Law Enforcement Officer Reimbursement Program and, if necessary, revise such regulations and policies to reduce any administrative burdens on applicants or recipients of such awards.

"(d) Authorization of Appropriations.—There is authorized to be appropriated to carry out section 44901(h) of title 49, United States Code, $55,000,000 for each of fiscal years 2019 through 2021."

Airport Perimeter and Access Control Security

Pub. L. 115–254, div. K, title I, §1936, Oct. 5, 2018, 132 Stat. 3575, provided that:

"(a) Risk Assessments of Airport Security.—

"(1) In general.—The Administrator [of the Transportation Security Administration] shall—

"(A) not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], update the Transportation Sector Security Risk Assessment (referred to in this section as the 'TSSRA'); and

"(B) not later than 90 days after the date the TSSRA is updated under subparagraph (A)—

"(i) update with the most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and Access Control Security (referred to in this section as the 'Risk Assessment of Airport Security');

"(ii) establish a regular schedule for periodic updates to the Risk Assessment of Airport Security; and

"(iii) conduct a system-wide assessment of airport access control points and airport perimeter security.

"(2) Contents.—The security risk assessments required under paragraph (1)(B) shall—

"(A) include updates reflected in the TSSRA and Joint Vulnerability Assessment findings;

"(B) reflect changes to the risk environment relating to airport access control points and airport perimeters;

"(C) use security event data for specific analysis of system-wide trends related to airport access control points and airport perimeter security to better inform risk management decisions; and

"(D) consider the unique geography of and current best practices used by airports to mitigate potential vulnerabilities.

"(3) Report.—The Administrator shall report the results of the TSSRA and Risk Assessment of Airport Security under paragraph (1) to—

"(A) the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives];

"(B) relevant Federal departments and agencies; and

"(C) airport operators.

"(b) Airport Security Strategy Development.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator shall update the 2012 National Strategy for Airport Perimeter and Access Control Security (referred to in this section as the 'National Strategy').

"(2) Contents.—The update to the National Strategy shall include—

"(A) information from the Risk Assessment of Airport Security; and

"(B) information on—

"(i) airport security-related activities;

"(ii) the status of TSA [Transportation Security Administration] efforts to address the objectives of the National Strategy;

"(iii) finalized outcome-based performance measures and performance levels for—

     "(I) each activity described in clause (i); and

     "(II) each objective described in clause (ii); and

"(iv) input from airport operators.

"(3) Updates.—Not later than 90 days after the date the update to the National Strategy is complete, the Administrator shall establish a regular schedule for determining if and when additional updates to the strategy under paragraph (1) are necessary."

Traveler Redress Improvement

Pub. L. 115–254, div. K, title I, §1949, Oct. 5, 2018, 132 Stat. 3588, provided that:

"(a) Redress Process.—

"(1) In general.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], using existing resources, systems, and processes, shall ensure the availability of the Department of Homeland Security Traveler Redress Inquiry Program (referred to in this section as 'DHS TRIP') redress process to adjudicate an inquiry for an individual who—

"(A) is a citizen of the United States or alien lawfully admitted for permanent residence;

"(B) has filed the inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than 3 times in any 60-day period; and

"(C) believes the individual has been wrongly identified as being a threat to aviation security.

"(2) Briefing.—Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] on the implementation of the redress process required under paragraph (1).

"(b) Privacy Impact Review and Update.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator shall review and update the Privacy Impact Assessment for the Secure Flight programs to ensure the assessment accurately reflects the operation of such programs.

"(2) Public dissemination; form.—The Administrator shall—

"(A) publish the Secure Flight Privacy Impact Assessment review and update required under paragraph (1) on a publicly-accessible internet webpage of the TSA [Transportation Security Administration]; and

"(B) submit the Secure Flight Privacy Impact Assessment review and update to the appropriate committees of Congress.

"(c) Rule Review and Notification Process.—

"(1) Rule review.—Not later than 60 days after the date of enactment of this Act, and every 120 days thereafter, the Assistant Administrator of the Office of Intelligence and Analysis of the TSA, in coordination with the entities specified in paragraph (3), shall identify and review the screening rules established by the Office of Intelligence and Analysis of [the] TSA.

"(2) Notification process.—Not later than 2 days after the date that any change to a rule identified under paragraph (1) is made, the Assistant Administrator of the Office of Intelligence and Analysis of the TSA shall notify the entities specified in paragraph (3) of the change.

"(3) Entities specified.—The entities specified in this paragraph are as follows:

"(A) The Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA.

"(B) The Office of Civil Rights and Liberties of the Department [of Homeland Security].

"(C) The Office of Chief Counsel of the TSA.

"(D) The Office of General Counsel of the Department.

"(E) The Privacy Office of the Administration.

"(F) The Privacy Office of the Department.

"(G) The Federal Air Marshal Service.

"(H) The Traveler Redress Inquiry Program of the Department.

"(d) Federal Air Marshal Service Coordination.—

"(1) In general.—The Administrator shall ensure that the rules identified in subsection (c) are taken into account for Federal Air Marshal mission scheduling.

"(2) Report.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report on whether, and if so how, the rules identified in subsection (c) are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process.

"(e) GAO Report.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—

"(1) study the rules identified under subsection (c)(1), including—

"(A) whether the rules are effective in mitigating potential threats to aviation security; and

"(B) whether, and if so how, the TSA coordinates with the Department regarding any proposed change to a rule; and

"(2) submit to the appropriate committees of Congress a report on the findings under paragraph (1), including any recommendations."

General Aviation Airports

Pub. L. 115–254, div. K, title I, §1952, Oct. 5, 2018, 132 Stat. 3592, provided that:

"(a) Short Title.—This section may be cited as the 'Securing General Aviation and Charter Air Carrier Service Act'.

"(b) Advanced Passenger Prescreening System.—Not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report on the status of the deployment of the advanced passenger prescreening system, and access thereto for certain aircraft charter operators, as required by section 44903(j)(2)(E) of title 49, United States Code, including—

"(1) the reasons for the delay in deploying the system; and

"(2) a detailed schedule of actions necessary for the deployment of the system.

"(c) Screening Services Other Than in Primary Passenger Terminals.—

"(1) In general.—Subject to the provisions of this subsection, the Administrator may provide screening services to a charter air carrier in an area other than the primary passenger terminal of an applicable airport.

"(2) Requests.—A request for screening services under paragraph (1) shall be made at such time, in such form, and in such manner as the Administrator may require, except that the request shall be made to the Federal Security Director for the applicable airport at which the screening services are requested.

"(3) Availability.—A Federal Security Director may provide requested screening services under this section if the Federal Security Director determines such screening services are available.

"(4) Agreements.—

"(A) Limitation.—No screening services may be provided under this section unless a charter air carrier agrees in writing to compensate the TSA for all reasonable costs, including overtime, of providing the screening services.

"(B) Payments.—Notwithstanding section 3302 of title 31, United States Code, payment received under subparagraph (A) shall be credited to the account that was used to cover the cost of providing the screening services. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account.

"(5) Definitions.—In this subsection:

"(A) Applicable airport.—The term 'applicable airport' means an airport that—

"(i) is not a commercial service airport; and

"(ii) is receiving screening services for scheduled passenger aircraft.

"(B) Charter air carrier.—The term 'charter air carrier' has the meaning given the term in section 40102 of title 49, United States Code.

"(C) Screening services.—The term 'screening services' means the screening of passengers and property similar to the screening of passengers and property described in section 44901 of title 49, United States Code.

"(d) Report.—Not later than 120 days after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall, consistent with the requirements of paragraphs (6) and (7) of section 44946(b) of title 49, United States Code, submit to the appropriate Committees of Congress an implementation plan, including an implementation schedule, for any of the following recommendations that were adopted by the ASAC and with which the Administrator has concurred before the date of the enactment of this Act:

"(1) The recommendation regarding general aviation access to Ronald Reagan Washington National Airport, as adopted on February 17, 2015.

"(2) The recommendation regarding the vetting of persons seeking flight training in the United States, as adopted on July 28, 2016.

"(3) Any other such recommendations relevant to the security of general aviation adopted before the date of the enactment of this Act.

"(e) Designated Staffing.—The Administrator may designate 1 or more full-time employees of the TSA to liaise with, and respond to issues raised by, general aviation stakeholders.

"(f) Security Enhancements.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall submit to the appropriate committees of Congress a report on the feasibility of requiring a security threat assessment before an individual could obtain training from a private flight school to operate an aircraft having a maximum certificated takeoff weight of more than 12,500 pounds."

[For definitions of terms used in section 1952 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Flight Deck Safety and Security

Pub. L. 115–254, div. K, title I, §1961, Oct. 5, 2018, 132 Stat. 3600, provided that:

"(a) Threat Assessment.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall complete a detailed threat assessment to identify any safety or security risks associated with unauthorized access to the flight decks on commercial aircraft and any appropriate measures that should be taken based on the risks.

"(b) RTCA Report.—The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall disseminate RTCA Document (DO–329) Aircraft Secondary Barriers and Alternative Flight Deck Security Procedure to aviation stakeholders, including air carriers and flight crew, to convey effective methods and best practices to protect the flight deck."

Aviation Cybersecurity

Pub. L. 115–254, div. B, title V, §509, Oct. 5, 2018, 132 Stat. 3355, 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 initiate a review of the comprehensive and strategic framework of principles and policies (referred to in this section as the 'framework') developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44903 note) [set out below].

"(b) Contents.—In undertaking the review under subsection (a), the Administrator shall—

"(1) assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system;

"(2) review existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system; and

"(3) assess the [Federal Aviation] Administration's level of engagement and coordination with aviation stakeholders and other appropriate agencies, organizations, or groups with which the Administration consults to carry out the framework.

"(c) Updates.—Upon completion of the review under subsection (a), the Administrator shall modify the framework, as appropriate, to address any deficiencies identified by the review.

"(d) Report to Congress.—Not later than 180 days after initiating the review required by subsection (a), 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 results of the review, including a description of any modifications made to the framework."

Pub. L. 114–190, title II, §2111, July 15, 2016, 130 Stat. 625, provided that:

"(a) Comprehensive and Strategic Aviation Framework.—

"(1) In general.—Not later than 240 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall facilitate and support the development of a comprehensive and strategic framework of principles and policies to reduce cybersecurity risks to the national airspace system, civil aviation, and agency information systems using a total systems approach that takes into consideration the interactions and interdependence of different components of aircraft systems and the national airspace system.

"(2) Scope.—In carrying out paragraph (1), the Administrator shall—

"(A) identify and address the cybersecurity risks associated with—

"(i) the modernization of the national airspace system;

"(ii) the automation of aircraft, equipment, and technology; and

"(iii) aircraft systems, including by—

     "(I) directing the Aircraft Systems Information Security Protection Working Group—

"(aa) to assess cybersecurity risks to aircraft systems;

"(bb) to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems information security protection; and

"(cc) to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is needed to address cybersecurity risks to aircraft systems; and

     "(II) identifying and addressing—

"(aa) cybersecurity risks associated with in-flight entertainment systems; and

"(bb) whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under existing rulemaking, policy, and guidance;

"(B) clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and responsibilities relate to cybersecurity at the Federal Aviation Administration;

"(C) identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology;

"(D) support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e));

"(E) establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviation-related cybersecurity incidents, threats, and vulnerabilities;

"(F) identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national airspace system; and

"(G) identify research and development activities to inform actions in response to cybersecurity risks.

"(3) Implementation requirements.—In carrying out the activities under this subsection, the Administrator shall—

"(A) coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions;

"(B) consult with the heads of relevant agencies and with international regulatory authorities;

"(C) if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and

"(D) evaluate, on a periodic basis, the effectiveness of the principles established under this subsection.

"(b) Update on Cybersecurity Implementation Progress.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], 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] an update on progress made toward the implementation of this section.

"(c) Cybersecurity Threat Model.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Director of the National Institute of Standards and Technology, shall implement the open recommendation issued in 2015 by the Government Accountability Office to assess and research the potential cost and timetable of developing and maintaining an agencywide threat model, which shall be updated regularly, to strengthen the cybersecurity of agency systems across the Federal Aviation Administration. The Administrator shall brief the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status, results, and composition of the threat model.

"(d) National Institute of Standards and Technology Information Security Standards.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, after consultation with the Director of the National Institute of Standards and Technology, shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—

"(1) a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology's latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and

"(2) an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes.

"(e) Cybersecurity Research and Development.—Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other agencies as appropriate, shall establish a cybersecurity research and development plan for the national airspace system, including—

"(1) any proposal for research and development cooperation with international partners;

"(2) an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and

"(3) objectives, proposed tasks, milestones, and a 5-year budgetary profile."

Airport Security

Pub. L. 114–50, Sept. 24, 2015, 129 Stat. 490, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Gerardo Hernandez Airport Security Act of 2015'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) Assistant secretary.—The term 'Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security.

"(2) Administration.—The term 'Administration' means the Transportation Security Administration.

"SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.

"(a) In General.—The Assistant Secretary shall, in consultation with other Federal agencies as appropriate, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints.

"(b) Types of Plans.—Such plans may include, but may not be limited to, the following:

"(1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities.

"(2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response.

"(3) A schedule for regular testing of communications equipment used to receive emergency calls.

"(4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner.

"(5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport.

"(6) To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and incidents that target passenger security-screening checkpoints.

"(7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel.

"(8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities.

"(9) A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at category X airports where those systems were purchased and installed using Administration funds.

"(c) Report to Congress.—Not later than 180 days after the date of the enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints.

"SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.

"The Assistant Secretary shall—

"(1) identify best practices that exist across airports for security incident planning, management, and training; and

"(2) establish a mechanism through which to share such best practices with other airport operators nationwide.

"SEC. 5. CERTIFICATION.

"Not later than 90 days after the date of enactment of this Act [Sept. 24, 2015], and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios.

"SEC. 6. REIMBURSABLE AGREEMENTS.

"Not later than 90 days after the enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements.

"SEC. 7. SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS.

"(a) In General.—The Assistant Secretary shall, in consultation with the Secretary of Transportation, and other relevant agencies, conduct outreach to all passenger transportation agencies and providers with high-risk facilities, as identified by the Assistant Secretary, to verify such agencies and providers have in place plans to respond to active shooters, acts of terrorism, or other security-related incidents that target passengers.

"(b) Types of Plans.—As applicable, such plans may include, but may not be limited to, the following:

"(1) A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities.

"(2) A plan for establishing a unified command.

"(3) A plan for frontline employees to receive active shooter training.

"(4) A schedule for regular testing of communications equipment used to receive emergency calls.

"(5) An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious manner.

"(6) A practiced method and plan to communicate with individuals using the transportation system.

"(c) Report to Congress.—Not later than 180 days after the date of enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to the agencies and providers under subsection (a), including an analysis of the level of preparedness such transportation systems have to respond to security incidents.

"(d) Dissemination of Best Practices.—The Assistant Secretary shall identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide.

"SEC. 8. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

"No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose.

"SEC. 9. INTEROPERABILITY REVIEW.

"(a) In General.—Not later than 90 days after the date of enactment of this Act [Sept. 24, 2015], the Assistant Secretary shall, in consultation with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures.

"(b) Report.—Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate."

Cabin Flight Crew Participation in Known Crewmember Pilot Program

Pub. L. 113–6, div. D, title II, Mar. 26, 2013, 127 Stat. 349, provided in part: "That the Administrator of the Transportation Security Administration shall, within 270 days of the date of enactment of this Act [Mar. 26, 2013], establish procedures allowing members of cabin flight crews of air carriers to participate in the Known Crewmember pilot program, unless the Administrator determines that meeting the requirement within this timeline is not practicable and informs the Committees on Appropriations of the Senate and House of Representatives of the basis for that determination and the new timeline for implementing the requirement".

Strategic Plan To Test and Implement Advanced Passenger Prescreening System

Pub. L. 110–53, title XVI, §1605, Aug. 3, 2007, 121 Stat. 481, provided that:

"(a) In General.—Not later than 120 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate a plan that—

"(1) describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government;

"(2) provides a projected timeline for each phase of testing and implementation of the system;

"(3) explains how the system will be integrated with the prescreening system for passengers on international flights; and

"(4) describes how the system complies with section 552a of title 5, United States Code.

"(b) GAO Assessment.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that—

"(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger pre-screening program;

"(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;

"(3) describes the Transportation Security Administration's plan to protect private passenger information and progress made in integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection;

"(4) provides a realistic determination of when the system will be completed; and

"(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate."

Pilot Project To Test Different Technologies at Airport Exit Lanes

Pub. L. 110–53, title XVI, §1613, Aug. 3, 2007, 121 Stat. 485, provided that:

"(a) In General.—The Administrator of the Transportation Security Administration shall conduct a pilot program at not more than 2 airports to identify technologies to improve security at airport exit lanes.

"(b) Program Components.—In conducting the pilot program under this section, the Administrator shall—

"(1) utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry;

"(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and

"(3) ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is conducted.

"(c) Reports.—

"(1) Initial briefing.—Not later than 180 days after the date of enactment of this Act [Aug. 3, 2007], the Administrator shall conduct a briefing to the congressional committees set forth in paragraph (3) that describes—

"(A) the airport or airports selected to participate in the pilot program;

"(B) the technologies to be tested;

"(C) the potential savings from implementing the technologies at selected airport exits;

"(D) the types of configurations expected to be deployed at such airports; and

"(E) the expected financial contribution from each airport.

"(2) Final report.—Not later than 18 months after the technologies are deployed at the airports participating in the pilot program, the Administrator shall submit a final report to the congressional committees set forth in paragraph (3) that describes—

"(A) the changes in security procedures and technologies deployed;

"(B) the estimated cost savings at the airport or airports that participated in the pilot program; and

"(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States.

"(3) Congressional committees.—The reports required under this subsection shall be submitted to—

"(A) the Committee on Commerce, Science, and Transportation of the Senate;

"(B) the Committee on Appropriations of the Senate;

"(C) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(D) the Committee on Homeland Security of the House of Representatives; and

"(E) the Committee on Appropriations of the House of Representatives.

"(d) Use of Existing Funds.—This section shall be executed using existing funds."

Security Credentials for Airline Crews

Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:

"(a) Report.—Not later than 180 days after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Transportation Security Administration, after consultation with airline, airport, and flight crew representatives, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Administration's efforts to institute a sterile area access system or method that will enhance security by properly identifying authorized airline flight deck and cabin crew members at screening checkpoints and granting them expedited access through screening checkpoints. The Administrator shall include in the report recommendations on the feasibility of implementing the system for the domestic aviation industry beginning 1 year after the date on which the report is submitted.

"(b) Beginning Implementation.—The Administrator shall begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the Administrator submits the report under subsection (a)."

CAPPS2

Pub. L. 108–176, title VI, §607, Dec. 12, 2003, 117 Stat. 2568, provided that:

"(a) In General.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall not implement, on other than a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as 'CAPPS2') until the Under Secretary provides to Congress a certification that—

"(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2 determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2;

"(2) the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being mistaken as a security threat;

"(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat;

"(4) the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which CAPPS2 is being implemented;

"(5) the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse;

"(6) substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders;

"(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and

"(8) there are no specific privacy concerns with the technological architecture of the system.

"(b) GAO Report.—Not later than 90 days after the date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a) and on privacy and civil liberties. The report shall include any recommendations for practices, procedures, regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and other civil liberties."

Reimbursement of Air Carriers for Certain Screening and Related Activities

Pub. L. 108–176, title VIII, §821, Dec. 12, 2003, 117 Stat. 2594, provided that: "The Secretary of Homeland Security, subject to the availability of funds (other than amounts in the Aviation Trust Fund) provided for this purpose, shall reimburse air carriers and airports for—

"(1) the screening of catering supplies; and

"(2) checking documents at security checkpoints."

Improved Flight Deck Integrity Measures

Pub. L. 107–71, title I, §104, Nov. 19, 2001, 115 Stat. 605, provided that:

"(a) In General.—As soon as possible after the date of enactment of this Act [Nov. 19, 2001], the Administrator of the Federal Aviation Administration shall—

"(1) issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)—

"(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation that are required to have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons;

"(B) requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open from the passenger compartment;

"(C) requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access and egress by authorized persons; and

"(D) prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the flight deck; and

"(2) take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and security of the aircraft.

"(b) Implementation of Other Methods.—As soon as possible after such date of enactment [Nov. 19, 2001], the Administrator of the Federal Aviation Administration may develop and implement methods—

"(1) to use video monitors or other devices to alert pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section 1114(c) [of title 49];

"(2) to ensure continuous operation of an aircraft transponder in the event of an emergency; and

"(3) to revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies, including providing for the installation of switches or other devices or methods in an aircraft cabin to enable flight crews to discreetly notify the pilots in the case of a security breach occurring in the cabin.

"(c) Commuter Aircraft.—The Administrator shall investigate means of securing the flight deck of scheduled passenger aircraft operating in air transportation or intrastate air transportation that do not have a rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the flight deck while the aircraft is so operating, taking into consideration such aircraft operating in regions where there is minimal threat to aviation security or national security."

Small and Medium Airports

Pub. L. 107–71, title I, §106(b), Nov. 19, 2001, 115 Stat. 609, provided that:

"(1) Technical support and financial assistance.—The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall develop a plan to—

"(A) provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available, to enhance security operations; and

"(B) provide financial assistance to those airports to defray the costs of enhancing security.

"(2) Removal of certain restrictions.—

"(A) Certification by operator.—If the operator of an airport described in paragraph (1), after consultation with the appropriate State and local law enforcement authorities, determines that safeguards are in place to sufficiently protect public safety, and so certifies in writing to the Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall not apply at that airport after the applicable time period specified in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the restriction must be continued in order to ensure public safety.

"(B) Countermand period.—The time period within which the Secretary may notify an airport operator, after receiving a certification under subparagraph (A), that a restriction must be continued in order to ensure public safety at the airport is—

"(i) 15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code);

"(ii) 30 days for a small hub airport (as defined in such section);

"(iii) 60 days for a medium hub airport (as defined in such section); and

"(iv) 120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available."

Airport Security Awareness Programs

Pub. L. 107–71, title I, §106(e), Nov. 19, 2001, 115 Stat. 610, provided that: "The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall require scheduled passenger air carriers, and airports in the United States described in section 44903(c) [of title 49] to develop security awareness programs for airport employees, ground crews, gate, ticket, and curbside agents of the air carriers, and other individuals employed at such airports."

Airline Computer Reservation Systems

Pub. L. 107–71, title I, §117, Nov. 19, 2001, 115 Stat. 624, provided that: "In order to ensure that all airline computer reservation systems maintained by United States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger manifests, or other nonpublic information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent practicable the best technology available to secure their computer reservation system against such unauthorized access."

Authorization of Funds for Reimbursement of Airports for Security Mandates

Pub. L. 107–71, title I, §121, Nov. 19, 2001, 115 Stat. 630, provided that:

"(a) Airport Security.—There is authorized to be appropriated to the Secretary of Transportation for fiscal years 2002 and 2003 a total of $1,500,000,000 to reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers for direct costs incurred by such operators to comply with new, additional, or revised security requirements imposed on such operators by the Federal Aviation Administration or Transportation Security Administration on or after September 11, 2001. Such sums shall remain available until expended.

"(b) Documentation of Costs; Audit.—The Secretary may not reimburse an airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers under this section for any cost for which the airport operator, on-airport parking lot, or vendor of on-airfield direct services does not demonstrate to the satisfaction of the Secretary, using sworn financial statements or other appropriate data, that—

"(1) the cost is eligible for reimbursement under subsection (a); and

"(2) the cost was incurred by the airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers.

The Inspector General of the Department of Transportation and the Comptroller General of the United States may audit such statements and may request any other information necessary to conduct such an audit.

"(c) Claim Procedure.—Within 30 days after the date of enactment of this Act [Nov. 19, 2001], the Secretary, after consultation with airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers, shall publish in the Federal Register the procedures for filing claims for reimbursement under this section of eligible costs incurred by airport operators."

Flight Deck Security

Pub. L. 107–71, title I, §128, Nov. 19, 2001, 115 Stat. 633, which authorized the pilot of a passenger aircraft to carry a firearm into the cockpit if approved by the Under Secretary of Transportation for Security and the air carrier, if the firearm is approved by the Under Secretary, and if the pilot has received proper training, was repealed by Pub. L. 107–296, title XIV, §1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.

Charter Air Carriers

Pub. L. 107–71, title I, §132(a), Nov. 19, 2001, 115 Stat. 635, which provided that within 90 days after Nov. 19, 2001, the Under Secretary of Transportation for Security was to implement an aviation security program for charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more, was repealed by Pub. L. 108–176, title VI, §606(b), Dec. 12, 2003, 117 Stat. 2568.

Physical Security for ATC Facilities

Pub. L. 106–528, §5, Nov. 22, 2000, 114 Stat. 2521, provided that:

"(a) In General.—In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall act immediately to—

"(1) correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than April 30, 2004; and

"(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities.

"(b) Reports.—Not later than April 30, 2001, and annually thereafter through April 30, 2004, 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 progress being made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation."

Deputizing of State and Local Law Enforcement Officers

Pub. L. 106–181, title V, §512, Apr. 5, 2000, 114 Stat. 142, provided that:

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

"(1) Aircraft.—The term 'aircraft' has the meaning given that term in section 40102 of title 49, United States Code.

"(2) Air transportation.—The term 'air transportation' has the meaning given that term in such section.

"(3) Program.—The term 'program' means the program established under subsection (b)(1)(A).

"(b) Establishment of a Program To Deputize Local Law Enforcement Officers.—

"(1) In general.—The Attorney General may—

"(A) establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports and airport authorities as Deputy United States Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and

"(B) encourage the participation of law enforcement officers of State and local governments in the program.

"(2) Consultation.—In establishing the program, the Attorney General shall consult with appropriate officials of—

"(A) the United States Government (including the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and

"(B) State and local governments in any geographic area in which the program may operate.

"(3) Training and background of law enforcement officers.—

"(A) In general.—Under the program, to qualify to serve as a Deputy United States Marshal under the program, a State or local law enforcement officer shall—

"(i) meet the minimum background and training requirements for a law enforcement officer under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General); and

"(ii) receive approval to participate in the program from the State or local law enforcement agency that is the employer of that law enforcement officer.

"(B) Training not federal responsibility.—The United States Government shall not be responsible for providing to a State or local law enforcement officer the training required to meet the training requirements under subparagraph (A)(i). Nothing in this subsection may be construed to grant any such law enforcement officer the right to attend any institution of the United States Government established to provide training to law enforcement officers of the United States Government.

"(c) Powers and Status of Deputized Law Enforcement Officers.—

"(1) In general.—Subject to paragraph (2), a State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program may arrest and apprehend an individual suspected of violating any Federal law described in subsection (b)(1)(A), including any individual who violates a provision subject to a civil penalty under section 46301 of title 49, United States Code, or section 46302, 46303, 46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title.

"(2) Limitation.—The powers granted to a State or local law enforcement officer deputized under the program shall be limited to enforcing Federal laws relating to security on board aircraft in flight.

"(3) Status.—A State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program shall not—

"(A) be considered to be an employee of the United States Government; or

"(B) receive compensation from the United States Government by reason of service as a Deputy United States Marshal under the program.

"(d) Statutory Construction.—Nothing in this section may be construed to—

"(1) grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or

"(2) limit the authority that a State or local law enforcement officer may otherwise exercise in the officer's capacity under any other applicable State or Federal law.

"(e) Regulations.—The Attorney General may promulgate such regulations as may be necessary to carry out this section.

"(f) Notification of Congress.—Not later than 90 days after the date of the enactment of this Act [Apr. 5, 2000], the Attorney General shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on whether or not the Attorney General intends to establish the program authorized by this section."

Development of Aviation Security Liaison Agreement

Pub. L. 104–264, title III, §309, Oct. 9, 1996, 110 Stat. 3253, which related to an interagency agreement providing for the establishment of an aviation security liaison at existing appropriate Federal agencies' field offices in or near cities served by a designated high-risk airport, was repealed by Pub. L. 118–63, title II, §218(g), May 16, 2024, 138 Stat. 1056.

Definitions of Terms in Pub. L. 107–71

For definitions of terms used in sections 104, 106(b), (e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.

¹ So in original. Probably should be "subsection (c)".

² So in original.

§44904. Domestic air transportation system security

(a) Assessing Threats.—The Administrator of the Transportation Security Administration and the Director of the Federal Bureau of Investigation jointly shall assess current and potential threats to the domestic air transportation system. The assessment shall include consideration of the extent to which there are individuals with the capability and intent to carry out terrorist or related unlawful acts against that system and the ways in which those individuals might carry out those acts. The Administrator of the Transportation Security Administration and the Director jointly shall decide on and carry out the most effective method for continuous analysis and monitoring of security threats to that system.

(b) Assessing Security.—In coordination with the Director, the Administrator of the Transportation Security Administration shall carry out periodic threat and vulnerability assessments on security at each airport that is part of the domestic air transportation system. Each assessment shall include consideration of—

(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;

(2) space requirements for security personnel and equipment;

(3) separation of screened and unscreened passengers, baggage, and cargo;

(4) separation of the controlled and uncontrolled areas of airport facilities; and

(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.

(c) Modal Security Plan for Aviation.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(s)(3), the modal security plan for aviation prepared under section 114(s) shall—

(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and

(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.

(d) Operational Criteria.—The Administrator of the Transportation Security Administration shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under section 114(s)(1) and shall approve best practices guidelines for airport assets.

(e) Improving Security.—The Administrator of the Transportation Security Administration shall take necessary actions to improve domestic air transportation security by correcting any deficiencies in that security discovered in the assessments, analyses, and monitoring carried out under this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV, §4001(b), Dec. 17, 2004, 118 Stat. 3712; Pub. L. 115–254, div. K, title I, §1991(d)(4), Oct. 5, 2018, 132 Stat. 3632.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44904(a)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §106(a), (b), 104 Stat. 3075.
44904(b)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §106(c), 104 Stat. 3075.
44904(c)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §106(e), 104 Stat. 3075.

In subsection (a), the words "domestic air transportation system" are substituted for "domestic aviation system" for consistency in this section.

In subsection (b), before clause (1), the word "Director" is substituted for "Federal Bureau of Investigation" because of 28:532. In clauses (1) and (3), the word "mail" is omitted as being included in "cargo".

In subsection (c), the word "correcting" is substituted for "remedying" for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(4)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(4)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in first sentence.

Subsec. (c). Pub. L. 115–254, §1991(d)(4)(B), substituted "section 114(s)(3)" for "section 114(t)(3)" and "section 114(s)" for "section 114(t)" in introductory provisions.

Subsec. (d). Pub. L. 115–254, §1991(d)(4)(C), substituted "The Administrator of the Transportation Security Administration" for "Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration)" and "section 114(s)(1)" for "section 114(t)(1)".

2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" in two places and "of Transportation for Security" for "of the Federal Aviation Administration".

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.

Subsec. (b)(5). Pub. L. 107–71, §101(f)(1), substituted "the Transportation Security Administration" for "the Administration".

Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

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.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Regular Joint Threat Assessments

Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, which related to joint threat and vulnerability assessments on security at each airport determined to be high risk, was repealed by Pub. L. 118–63, title II, §218(g), May 16, 2024, 138 Stat. 1056.

§44905. Information about threats to civil aviation

(a) Providing Information.—Under guidelines the Administrator of the Transportation Security Administration prescribes, an air carrier, airport operator, ticket agent, or individual employed by an air carrier, airport operator, or ticket agent, receiving information (except a communication directed by the United States Government) about a threat to civil aviation shall provide the information promptly to the Administrator.

(b) Flight Cancellation.—If a decision is made that a particular threat cannot be addressed in a way adequate to ensure, to the extent feasible, the safety of passengers and crew of a particular flight or series of flights, the Administrator of the Transportation Security Administration shall cancel the flight or series of flights.

(c) Guidelines on Public Notice.—(1) The President shall develop guidelines for ensuring that public notice is provided in appropriate cases about threats to civil aviation. The guidelines shall identify officials responsible for—

(A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public;

(B) ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and

(C) canceling the departure of a flight or series of flights under subsection (b) of this section.

(2) The guidelines shall provide for consideration of—

(A) the specificity of the threat;

(B) the credibility of intelligence information related to the threat;

(C) the ability to counter the threat effectively;

(D) the protection of intelligence information sources and methods;

(E) cancellation, by an air carrier or the Administrator of the Transportation Security Administration, of a flight or series of flights instead of public notice;

(F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and

(G) other factors the Administrator of the Transportation Security Administration considers appropriate.

(d) Guidelines on Notice to Crews.—The Administrator of the Transportation Security Administration shall develop guidelines for ensuring that notice in appropriate cases of threats to the security of an air carrier flight is provided to the flight crew and cabin crew of that flight.

(e) Limitation on Notice to Selective Travelers.—Notice of a threat to civil aviation may be provided to selective potential travelers only if the threat applies only to those travelers.

(f) Restricting Access to Information.—In cooperation with the departments, agencies, and instrumentalities of the Government that collect, receive, and analyze intelligence information related to aviation security, the Administrator of the Transportation Security Administration shall develop procedures to minimize the number of individuals who have access to information about threats. However, a restriction on access to that information may be imposed only if the restriction does not diminish the ability of the Government to carry out its duties and powers related to aviation security effectively, including providing notice to the public and flight and cabin crews under this section.

(g) Distribution of Guidelines.—The guidelines developed under this section shall be distributed for use by appropriate officials of the Department of Transportation, the Department of State, the Department of Justice, and air carriers.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(5), Oct. 5, 2018, 132 Stat. 3632.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44905(a)	49 App.:1358d(a).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §321; added Nov. 16, 1990, Pub. L. 101–604, §109(a), 104 Stat. 3078.
44905(b)	49 App.:1358d(b).
44905(c)(1)	49 App.:1358d(c)(1), (d).
44905(c)(2)	49 App.:1358d(e).
44905(d)	49 App.:1358d(c)(2).
44905(e)	49 App.:1358d(f).
44905(f)	49 App.:1358d(h).
44905(g)	49 App.:1358d(g).

In subsection (a), the words "employed by an air carrier, airport operator, or ticket agent" are substituted for "employed by such an entity" for clarity. The words "or a designee of the Secretary" are omitted as unnecessary.

In subsections (c)(1), before clause (A), and (d), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.

In subsection (c)(1)(B), the words "when considered appropriate" are omitted as unnecessary because of the restatement.

In subsection (e), the words "selective potential travelers" are substituted for "only selective potential travelers" to eliminate an unnecessary word.

In subsection (f), the words "departments, agencies, and instrumentalities of the Government" are substituted for "agencies" for clarity and consistency in the revised title and with other titles of the United States Code. The words "However, a restriction on access to that information may be imposed only if the restriction does not diminish" are substituted for "Any restriction adopted pursuant to this subsection shall not diminish" for clarity.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(5)(A), substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" and "Administrator." for "Secretary."

Subsec. (b). Pub. L. 115–254, §1991(d)(5)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 115–254, §1991(d)(5)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

2001—Subsec. (b). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

§44906. Foreign air carrier security programs

The Administrator of the Transportation Security Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1208; Pub. L. 104–132, title III, §322, Apr. 24, 1996, 110 Stat. 1254; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(6), Oct. 5, 2018, 132 Stat. 3632.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44906(a)(1)	49 App.:1357(k) (1)–(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(1)–(3); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074.
	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §105(c), 104 Stat. 3075.

The text of 49 App.:1357(k)(3) and the words "Not later than 180 days after the date of enactment of this Act" in section 105(c) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" and, wherever appearing, "Administrator" for "Under Secretary".

2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".

1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section."

§44907. Security standards at foreign airports

(a) Assessment.—(1) At intervals the Secretary of Transportation considers necessary, the Secretary shall assess the effectiveness of the security measures maintained at—

(A) a foreign airport—

(i) served by an air carrier;

(ii) from which a foreign air carrier serves the United States; or

(iii) that poses a high risk of introducing danger to international air travel; and

(B) other foreign airports the Secretary considers appropriate.

(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection—

(A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier serving the foreign airport for which the Secretary is conducting the assessment;

(B) to establish the extent to which a foreign airport effectively maintains and carries out security measures, including the screening and vetting of airport workers; and

(C) by using a standard that will result in an analysis of the security measures at the airport based at least on the standards and appropriate recommended practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the assessment.

(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this subsection.

(b) Consultation.—In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State—

(1) on the terrorist threat that exists in each country; and

(2) to establish which foreign airports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international air travel.

(c) Notifying Foreign Authorities.—When the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, decides that an airport does not maintain and carry out effective security measures, the Secretary of Transportation, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the airport up to the standard used by the Secretary of Transportation in making the assessment.

(d) Actions When Airports Not Maintaining and Carrying Out Effective Security Measures.—(1) When the Secretary of Transportation decides under this section that an airport does not maintain and carry out effective security measures—

(A) the Secretary of Transportation shall—

(i) publish the identity of the airport in the Federal Register;

(ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air carrier operations are provided regularly; and

(iii) notify the news media of the identity of the airport;

(B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the airport;

(C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and

(D) the President may prohibit an air carrier or foreign air carrier from providing transportation between the United States and any other foreign airport that is served by aircraft flying to or from the airport with respect to which a decision is made under this section.

(2)(A) Paragraph (1) of this subsection becomes effective—

(i) 90 days after the government of a foreign country is notified under subsection (c) of this section if the Secretary of Transportation finds that the government has not brought the security measures at the airport up to the standard the Secretary used in making an assessment under subsection (a) of this section; or

(ii) immediately on the decision of the Secretary of Transportation under subsection (c) of this section if the Secretary of Transportation decides, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the airport.

(B) The Secretary of Transportation immediately shall notify the Secretary of State of a decision under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 44908(a) of this title.

(3) The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the airport under subsection (a) of this section.

(4) An action required under paragraph (1)(A) and (B) of this subsection is no longer required only if the Secretary of Transportation, in consultation with the Secretary of State, decides that effective security measures are maintained and carried out at the airport. The Secretary of Transportation shall notify Congress when the action is no longer required to be taken.

(e) Suspensions.—Notwithstanding sections 40105(b) and 40106(b) of this title, the Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing, shall suspend the right of an air carrier or foreign air carrier to provide foreign air transportation, and the right of a person to operate aircraft in foreign air commerce, to or from a foreign airport when the Secretary of Transportation decides that—

(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from that airport; and

(2) the public interest requires an immediate suspension of transportation between the United States and that airport.

(f) Condition of Carrier Authority.—This section is a condition to authority the Secretary of Transportation grants under this part to an air carrier or foreign air carrier.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1209; Pub. L. 115–254, div. K, title I, §1954, Oct. 5, 2018, 132 Stat. 3595.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44907(a)(1)	49 App.:1515(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(a), (b), (d)–(h); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222.
44907(a)(2)	49 App.:1515(a)(2), (3).
44907(a)(3)	49 App.:1515(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(c); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222; Nov. 16, 1990, Pub. L. 101–604, §102(c)(2), 104 Stat. 3069.
44907(b)	49 App.:1515(b).
44907(c)	49 App.:1515(d).
44907(d)(1)	49 App.:1515(e)(2).
44907(d)(2)	49 App.:1515(e)(1).
44907(d)(3)	49 App.:1515(e)(3).
44907(d)(4)	49 App.:1515(f).
44907(e)	49 App.:1515(g).
44907(f)	49 App.:1515(h).

In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(2)(B), the word "foreign" is added for clarity and consistency in this section.

In subsection (b)(2), the word "foreign" is added for consistency in the revised title and with other titles of the Code.

In subsection (c), the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the Code.

In subsection (d)(1), before clause (A), the words "Subject to paragraph (1)" are omitted as surplus. In clause (C), the words "foreign country" are substituted for "foreign government" for clarity and consistency in the revised title and with other titles of the Code. The word "prescribe" is substituted for "impose" for consistency in the revised title and with other titles of the Code. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (D), the words "directly or indirectly" are omitted as surplus.

In subsection (d)(2)(A)(i), the words "identified" and "of such airport" are omitted as surplus.

In subsection (d)(2)(B), the words "issue a travel advisory required under section 44908(a) of this title" are substituted for "comply with the requirement of section 1515(a) [sic] of this Appendix that a travel advisory be issued" to eliminate unnecessary words.

In subsection (d)(4), the words "An action required . . . is no longer required" are substituted for "The sanctions required to be imposed with respect to an airport . . . may be lifted" to eliminate unnecessary words.

In subsection (e), before clause (1), the word "provide" is substituted for "engage in" for consistency in the revised title.

In subsection (f), the words "issued under authority vested in" are omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (a)(2)(B). Pub. L. 115–254 inserted ", including the screening and vetting of airport workers" after "security measures".

Statutory Notes and Related Subsidiaries

Last Point of Departure Airports; Security Directives

Pub. L. 115–254, div. K, title I, §1953, Oct. 5, 2018, 132 Stat. 3594, provided that:

"(a) Notice and Consultation.—

"(1) In general.—The Administrator [of the Transportation Security Administration] shall, to the maximum extent practicable, consult and notify the following stakeholders prior to making changes to security standards via security directives and emergency amendments for last points of departure:

"(A) Trade association representatives, for affected air carriers and airports, who hold the appropriate security clearances.

"(B) The head of each relevant Federal department or agency, including the Administrator of the Federal Aviation Administration.

"(2) Transmittal to congress.—Not later than 3 days after the date that the Administrator issues a security directive or emergency amendment for a last point of departure, the Administrator shall transmit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a description of the extent to which the Administrator consulted and notified the stakeholders under paragraph (1).

"(b) GAO Report.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States shall review the effectiveness of the TSA [Transportation Security Administration] process to update, consolidate, or revoke security directives, emergency amendments, and other policies related to international aviation security at last point of departure airports and submit to the appropriate committees of Congress and the Administrator a report on the findings and recommendations.

"(2) Contents.—In conducting the review under paragraph (1), the Comptroller General shall—

"(A) review current security directives, emergency amendments, and any other policies related to international aviation security at last point of departure airports;

"(B) review the extent of intra-agency and interagency coordination, stakeholder outreach, coordination, and feedback; and

"(C) review TSA's process and criteria for, and implementation of, updating or revoking the policies described in subparagraph (A).

"(c) Rescreening.—Subject to section 44901(d)(4)(c) [sic] of title 49, United States Code, upon discovery of specific threat intelligence, the Administrator shall immediately direct TSA personnel to rescreen passengers and baggage arriving from an airport outside the United States and identify enhanced measures that should be implemented at that airport.

"(d) Notification to Congress.—Not later than 1 day after the date that the Administrator determines that a foreign air carrier is in violation of part 1546 of title 49, Code of Federal Regulations, or any other applicable security requirement, the Administrator shall notify the appropriate committees of Congress.

"(e) Decisions Not Subject to Judicial Review.—Notwithstanding any other provision of law, any decision of the Administrator under subsection (a)(1) relating to consultation or notification shall not be subject to judicial review."

§44908. Travel advisory and suspension of foreign assistance

(a) Travel Advisories.—On being notified by the Administrator of the Transportation Security Administration that the Administrator of the Transportation Security Administration has decided under section 44907(d)(2)(A)(ii) of this title that a condition exists that threatens the security of passengers, aircraft, or crew traveling to or from a foreign airport that the Administrator of the Transportation Security Administration has decided under section 44907 of this title does not maintain and carry out effective security measures, the Secretary of State—

(1) immediately shall issue a travel advisory for that airport; and

(2) shall publicize the advisory widely.

(b) Suspending Assistance.—The President shall suspend assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in which is located an airport with respect to which section 44907(d)(1) of this title becomes effective if the Secretary of State decides the country is a high terrorist threat country. The President may waive this subsection if the President decides, and reports to Congress, that the waiver is required because of national security interests or a humanitarian emergency.

(c) Actions No Longer Required.—An action required under this section is no longer required only if the Administrator of the Transportation Security Administration has made a decision as provided under section 44907(d)(4) of this title. The Administrator shall notify Congress when the action is no longer required to be taken.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2224(a), Oct. 21, 1998, 112 Stat. 2681–819; Pub. L. 115–254, div. K, title I, §1991(d)(7), Oct. 5, 2018, 132 Stat. 3632.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44908(a)	49 App.:1515a(a).	Aug. 8, 1985, Pub. L. 99–83, §552, 99 Stat. 226.
44908(b)	49 App.:1515a(b).
44908(c)	49 App.:1515a(c), (d).

In subsection (a)(3), the words "take the necessary steps to" are omitted as surplus.

In subsection (b), the words "all" and "the requirements of" are omitted as surplus.

Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words.

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(7)(A), (B), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" wherever appearing and struck out "safety or" before "security of passengers".

Subsec. (c). Pub. L. 115–254, §1991(d)(7)(A), (C), substituted "Administrator of the Transportation Security Administration" for "Secretary of Transportation" and "The Administrator" for "The Secretary".

1998—Subsec. (a). Pub. L. 105–277 inserted "and" at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: "shall publish the advisory in the Federal Register; and".

§44909. Passenger manifests

(a) Air Carrier Requirements.—(1) The Secretary of Transportation shall require each air carrier to provide a passenger manifest for a flight to an appropriate representative of the Secretary of State—

(A) not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or

(B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the carrier is so notified.

(2) The passenger manifest should include the following information:

(A) the full name of each passenger.

(B) the passport number of each passenger, if required for travel.

(C) the name and telephone number of a contact for each passenger.

(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a condition for passengers boarding a flight of the carrier.

(b) Foreign Air Carrier Requirements.—The Secretary of Transportation shall consider imposing a requirement on foreign air carriers comparable to that imposed on air carriers under subsection (a)(1) and (2) of this section.

(c) Flights in Foreign Air Transportation to the United States.—

(1) In general.—Each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of U.S. Customs and Border Protection by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required by the preceding sentence.

(2) Information.—A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information:

(A) The full name of each passenger and crew member.

(B) The date of birth and citizenship of each passenger and crew member.

(C) The sex of each passenger and crew member.

(D) The passport number and country of issuance of each passenger and crew member if required for travel.

(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable.

(F) Such other information as the Administrator of the Transportation Security Administration, in consultation with the Commissioner of U.S. Customs and Border Protection, determines is reasonably necessary to ensure aviation safety.

(3) Passenger name records.—The carriers shall make passenger name record information available to the Customs Service upon request.

(4) Transmission of manifest.—Subject to paragraphs (5) and (6), a passenger and crew manifest required for a flight under paragraph (1) shall be transmitted to the Customs Service in advance of the aircraft landing in the United States in such manner, time, and form as the Customs Service prescribes.

(5) Transmission of manifests to other federal agencies.—Upon request, information provided to the Administrator of the Transportation Security Administration or the Customs Service under this subsection may be shared with other Federal agencies for the purpose of protecting national security.

(6) Prescreening international passengers.—

(A) In general.—The Secretary of Homeland Security, or the designee of the Secretary, shall issue a notice of proposed rulemaking that will allow the Department of Homeland Security to compare passenger information for any international flight to or from the United States against the consolidated and integrated terrorist watchlist maintained by the Federal Government before departure of the flight.

(B) Appeal procedures.—

(i) In general.—The Secretary of Homeland Security shall establish a timely and fair process for individuals identified as a threat under subparagraph (A) to appeal to the Department of Homeland Security the determination and correct any erroneous information.

(ii) Records.—The process shall include the establishment of a method by which the Secretary of Homeland Security will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Department of Homeland Security record shall contain information determined by the Secretary of Homeland Security to authenticate the identity of such a passenger or individual.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 106–181, title VII, §718, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §115, Nov. 19, 2001, 115 Stat. 623; Pub. L. 108–458, title IV, §4012(a)(2), Dec. 17, 2004, 118 Stat. 3717; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210; Pub. L. 115–254, div. K, title I, §1991(d)(8), Oct. 5, 2018, 132 Stat. 3633.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44909(a)(1)	49 App.:1380(a).	Aug. 23, 1958, Pub. L. 85–726, §410, 72 Stat. 769; Oct. 15, 1962, Pub. L. 87–820, §8, 76 Stat. 936; restated Nov. 16, 1990, Pub. L. 101–604, §203(a), 104 Stat. 3082.
44909(a)(2)	49 App.:1380(b).
44909(a)(3)	49 App.:1380 (note).	Nov. 16, 1990, Pub. L. 101–604, §203(b), 104 Stat. 3082.
44909(b)	49 App.:1380 (note).	Nov. 16, 1990, Pub. L. 101–604, §203(c), 104 Stat. 3083.

In subsection (a)(1), before clause (A), the words "each air carrier" are substituted "all United States air carriers" because of the definition of "air carrier" in section 40102(a) of the revised title. The words "an appropriate representative of the Secretary of State" are substituted for "appropriate representatives of the United States Department of State" because of 22:2651 and for consistency in the revised title and with other titles of the United States Code. In clause (B), the words "to comply with clause (A) of this paragraph" are substituted for "to fulfill the requirement of this subsection" for consistency in the revised title and with other titles of the Code.

In subsection (a)(2), before clause (B), the words "For purposes of this section" are omitted as unnecessary.

In subsection (a)(3), the words "In carrying out this subsection" are substituted for "In implementing the requirement pursuant to the amendment made by subsection (a) of this section" for clarity and to eliminate unnecessary words.

In subsection (b), the word "imposing" is added for clarity. The words "imposed on air carriers under subsection (a)(1) and (2) of this section" are substituted for "imposed pursuant to the amendment made by subsection (a)" for clarity and because of the restatement.

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(8)(A), substituted "The" for "Not later than March 16, 1991, the" in introductory provisions.

Subsec. (c)(1). Pub. L. 115–254, §1991(d)(8)(B)(i), substituted "Each" for "Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each".

Subsec. (c)(2)(F), (5). Pub. L. 115–254, §1991(d)(8)(B)(ii), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (c)(6)(A). Pub. L. 115–254, §1991(d)(8)(B)(iii)(I), substituted "The" for "Not later than 60 days after date of enactment of this paragraph, the".

Subsec. (c)(6)(B)(ii). Pub. L. 115–254, §1991(d)(8)(B)(iii)(II), substituted "the Secretary of Homeland Security will" for "the Secretary will" and "the Secretary of Homeland Security to" for "the Secretary to".

2004—Subsec. (c)(4). Pub. L. 108–458, §4012(a)(2)(A), substituted "paragraphs (5) and (6)," for "paragraph (5),".

Subsec. (c)(6). Pub. L. 108–458, §4012(a)(2)(B), added par. (6).

2001—Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable intent of Congress.

2000—Subsec. (a)(2). Pub. L. 106–181 substituted "should" for "shall" in introductory provisions.

Statutory Notes and Related Subsidiaries

Change of Name

"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (c)(1) and (2)(F) 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.

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.

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.

§44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security

The Secretary of State shall seek multilateral and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft sabotage, aircraft hijacking, and airport security.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44910	49 App.:1515 (note).	Aug. 8, 1985, Pub. L. 99–83, §556, 99 Stat. 227.

§44911. Intelligence

(a) Definition.—In this section, "intelligence community" means the intelligence and intelligence-related activities of the following units of the United States Government:

(1) the Department of State.

(2) the Department of Defense.

(3) the Department of the Treasury.

(4) the Department of Energy.

(5) the Departments of the Army, Navy, and Air Force.

(6) the Central Intelligence Agency.

(7) the National Security Agency.

(8) the Defense Intelligence Agency.

(9) the Federal Bureau of Investigation.

(10) the Drug Enforcement Administration.

(b) Policies and Procedures on Report Availability.—The head of each unit in the intelligence community shall prescribe policies and procedures to ensure that intelligence reports about terrorism are made available, as appropriate, to the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of the Transportation Security Administration.

(c) Unit for Strategic Planning on Terrorism.—The heads of the units in the intelligence community shall place greater emphasis on strategic intelligence efforts by establishing a unit for strategic planning on terrorism.

(d) Designation of Intelligence Officer.—At the request of the Secretary of Homeland Security, the Director of Central Intelligence shall designate at least one intelligence officer of the Central Intelligence Agency to serve in a senior position in the Office of the Secretary.

(e) Written Working Agreements.—The heads of units in the intelligence community, the Secretary of Homeland Security, and the Administrator of the Transportation Security Administration shall review and, as appropriate, revise written working agreements between the intelligence community and the Administrator of the Transportation Security Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 102(b), (c), Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §1991(d)(9), Oct. 5, 2018, 132 Stat. 3633.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44911(a)	49 App.:1358d (note).	Nov. 16, 1990, Pub. L. 101–604, §111(e), 104 Stat. 3080.
44911(b)	49 App.:1358d (note).	Nov. 16, 1990, Pub. L. 101–604, §111(a), 104 Stat. 3080.
44911(c)	49 App.:1358d (note).	Nov. 16, 1990, Pub. L. 101–604, §111(b), 104 Stat. 3080.
44911(d)	49 App.:1358d (note).	Nov. 16, 1990, Pub. L. 101–604, §111(c), 104 Stat. 3080.
44911(e)	49 App.:1358d (note).	Nov. 16, 1990, Pub. L. 101–604, §111(d), 104 Stat. 3080.

In this section, the word "units" is substituted for "agencies" for consistency in the revised title and with other titles of the United States Code.

In subsections (b) and (e), the words "Not later than 180 days after the date of enactment of this Act" in section 111(a) and (d) of the Aviation Security Improvement Act of 1990 (Public Law 101–640, 104 Stat. 3080) are omitted as obsolete.

In subsection (b), the words "the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration" are substituted for "other members of the intelligence community, the Department of Transportation, and the Federal Aviation Administration" for clarity and consistency in the revised title and with other titles of the Code.

In subsections (c) and (e), the words "heads of units in the intelligence community" are substituted for "intelligence community" for clarity and consistency in the revised title and with other titles of the Code.

In subsection (e), the words "memorandums of understanding" are omitted as being included in "written working agreements".

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254, §1991(d)(9)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsec. (d). Pub. L. 115–254, §1991(d)(9)(B), substituted "request of the Secretary of Homeland Security" for "request of the Secretary".

Subsec. (e). Pub. L. 115–254, §1991(d)(9)(C), substituted "Secretary of Homeland Security, and the Administrator of the Transportation Security Administration" for "Secretary, and the Under Secretary" and "intelligence community and the Administrator of the Transportation Security Administration" for "intelligence community and the Under Secretary".

2001—Subsec. (b). Pub. L. 107–71, §102(b), struck out "international" before "terrorism".

Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

Subsec. (c). Pub. L. 107–71, §102(c), substituted "place" for "consider placing".

Subsec. (e). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

§44912. Research and development

(a) Program Requirement.—(1) The Administrator shall establish and carry out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation. The program shall provide for developing and having in place new equipment and procedures necessary to meet the technological challenges presented by terrorism. The program shall include research on, and development of, technological improvements and ways to enhance human performance.

(2) In designing and carrying out the program established under this subsection, the Administrator shall—

(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States Government doing similar research;

(B) identify departments, agencies, and instrumentalities that would benefit from that research; and

(C) seek cost-sharing agreements with those departments, agencies, and instrumentalities.

(3) In carrying out the program established under this subsection, the Administrator shall review and consider the annual reports the Secretary of Transportation submits to Congress on transportation security and intelligence.

(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program.

(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program.

(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Administrator a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on—

(i) progress made in engineering, research, and development with respect to security technology;

(ii) the allocation of funds for engineering, research, and development with respect to security technology; and

(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies.

(5) The Administrator may—

(A) make grants to institutions of higher learning and other appropriate research facilities with demonstrated ability to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and

(B) make cooperative agreements with governmental authorities the Administrator decides are appropriate.

(b) Review of Threats.—(1) The Administrator shall periodically review threats to civil aviation, with particular focus on—

(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including—

(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and

(ii) the disruption of civil aviation service, including by cyber attack;

(B) explosive material that presents the most significant threat to civil aircraft;

(C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage to aircraft in air transportation;

(D) the amounts, configurations, and types of explosive material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;

(E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;

(F) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;

(G) the ability to screen passengers, carry-on baggage, checked baggage, and cargo; and

(H) the technologies that might be used in the future to attempt to destroy or otherwise threaten commercial aircraft and the way in which those technologies can be countered effectively.

(2) The Administrator shall use the results of the review under this subsection to develop the focus and priorities of the program established under subsection (a) of this section.

(c) Scientific Advisory Panel.—(1) The Administrator shall establish a scientific advisory panel to review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the commercial aviation system by the next generation of terrorist weapons.

(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in—

(i) the development and testing of effective explosive detection systems;

(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;

(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and

(iv) other scientific and technical areas the Administrator considers appropriate.

(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.

(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request.

(4) Biennially, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited to the current and anticipated duties of the panel.

(d) Security and Research and Development Activities.—

(1) In general.—The Administrator shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.

(2) Disclosure.—

(A) In general.—Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Homeland Security decides disclosing the information would—

(i) be an unwarranted invasion of personal privacy;

(ii) reveal a trade secret or privileged or confidential commercial or financial information; or

(iii) be detrimental to transportation safety.

(B) Information to congress.—Subparagraph (A) does not authorize information to be withheld from a committee of Congress authorized to have the information.

(C) Rule of construction.—Nothing in subparagraph (A) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—

(i) to conceal a violation of law, inefficiency, or administrative error;

(ii) to prevent embarrassment to a person, organization, or agency;

(iii) to restrain competition; or

(iv) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

(D) Privacy act.—Section 552a of title 5 shall not apply to disclosures that the Administrator of the Transportation Security Administration may make from the systems of records of the Transportation Security Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

(3) Transfers of duties and powers prohibited.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality of the United States Government.

(e) Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 112, Nov. 19, 2001, 115 Stat. 603, 620; Pub. L. 115–254, div. K, title I, §1991(d)(10), Oct. 5, 2018, 132 Stat. 3633.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44912(a)	49 App.:1357(d)(3)(A), (D), (4)–(7).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(3)–(8); added Nov. 16, 1990, Pub. L. 101–604, §107, 104 Stat. 3076.
44912(b)	49 App.:1357(d)(3)(B), (C).
44912(c)	49 App.:1357(d)(8).

In subsection (a)(1), the words "It shall be the purpose of the program established under paragraph (3)" and "established under paragraph (3)" are omitted as unnecessary.

In subsection (a)(2)(A), the word "activities" is added for clarity. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(4), the words "The Administrator may . . . make grants" are substituted for "Amounts appropriated for each fiscal year under paragraph (9) shall be made available by the Administrator, by way of grants" to eliminate unnecessary words. In clause (A), the words "institutions of higher learning" are substituted for "colleges, universities", and the word "institutions" is substituted for "institutions and facilities", for clarity and consistency in the revised title and with other titles of the Code. In clause (B), the words "governmental authorities" are substituted for "governmental entities" for consistency in the revised title and with other titles of the Code.

In subsection (b)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete. Clause (B) is substituted for 49 App.:1357(d)(3)(B)(ii) and (iii) for clarity and to eliminate unnecessary words.

In subsection (b)(1)(E), the word "mail" is omitted as being included in "cargo".

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(10)(C), substituted "Administrator" for "Under Secretary" wherever appearing in subsecs. (a) to (c).

Subsec. (a)(1). Pub. L. 115–254, §1991(d)(10)(A)(i), substituted "Administrator" for "Under Secretary of Transportation for Security" and struck out ", not later than November 16, 1993," after "in place".

Subsec. (a)(4)(C). Pub. L. 115–254, §1991(d)(10)(A)(ii), substituted "Administrator" for "Research, Engineering and Development Advisory Committee" in introductory provisions.

Subsec. (c)(1). Pub. L. 115–254, §1991(d)(10)(B)(i), struck out ", as a subcommittee of the Research, Engineering, and Development Advisory Committee," after "panel".

Subsec. (c)(4). Pub. L. 115–254, §1991(d)(10)(B)(ii), substituted "Biennially," for "Not later than 90 days after the date of the enactment of the Aviation and Transportation Security Act, and every two years thereafter,".

Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(10)(D), added subsecs. (d) and (e).

2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

Subsec. (a)(2), (3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (a)(4). Pub. L. 107–71, §112(b)(1)(B), added par. (4). Former par. (4) redesignated (5).

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Subsec. (a)(5). Pub. L. 107–71, §112(b)(1)(A), redesignated par. (4) as (5).

Subsec. (b)(1). Pub. L. 107–71, §§101(f)(7), 112(a)(1), in introductory provisions, substituted "Under Secretary" for "Administrator" and "periodically review" for "complete an intensive review of".

Subsec. (b)(1)(A). Pub. L. 107–71, §112(b)(2)(B), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (b)(1)(B). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).

Pub. L. 107–71, §112(a)(2), substituted "aircraft in air transportation;" for "commercial aircraft in service and expected to be in service in the 10-year period beginning on November 16, 1990;".

Subsec. (b)(1)(C). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (b)(1)(D). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

Pub. L. 107–71, §112(a)(3), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (b)(1)(E) to (G). Pub. L. 107–71, §112(b)(2)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H).

Pub. L. 107–71, §112(a)(3), redesignated subpars. (D) to (F) as (E) to (G), respectively.

Subsec. (b)(1)(H). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (G) as (H).

Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (c). Pub. L. 107–71, §112(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "The Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory Committee, to review, comment on, advise on the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the next generation of terrorist weapons. The panel shall consist of individuals with scientific and technical expertise in—

"(1) the development and testing of effective explosive detection systems;

"(2) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective technology must be capable of detecting;

"(3) technologies involved in minimizing airframe damage to aircraft from explosives; and

"(4) other scientific and technical areas the Administrator considers appropriate."

Statutory Notes and Related Subsidiaries

Innovation Task Force

Pub. L. 115–254, div. K, title I, §1916, Oct. 5, 2018, 132 Stat. 3556, provided that:

"(a) In General.—The Administrator shall establish an innovation task force—

"(1) to cultivate innovations in transportation security;

"(2) to develop and recommend how to prioritize and streamline requirements for new approaches to transportation security;

"(3) to accelerate the development and introduction of new innovative transportation security technologies and improvements to transportation security operations; and

"(4) to provide industry with access to the airport environment during the technology development and assessment process to demonstrate the technology and to collect data to understand and refine technical operations and human factor issues.

"(b) Activities.—The task force shall—

"(1) conduct activities to identify and develop an innovative technology, emerging security capability, or process designed to enhance transportation security, including—

"(A) by conducting a field demonstration of such a technology, capability, or process in the airport environment;

"(B) by gathering performance data from such a demonstration to inform the acquisition process; and

"(C) by enabling a small business with an innovative technology or emerging security capability, but less than adequate resources, to participate in such a demonstration;

"(2) conduct at least quarterly collaboration meetings with industry, including air carriers, airport operators, and other transportation security stakeholders to highlight and discuss best practices on innovative security operations and technology evaluation and deployment; and

"(3) submit to the appropriate committees of Congress an annual report on the effectiveness of key performance data from task force-sponsored projects and checkpoint enhancements.

"(c) Composition.—

"(1) Appointment.—The Administrator, in consultation with the Chairperson of ASAC shall appoint the members of the task force.

"(2) Chairperson.—The task force shall be chaired by the Administrator's designee.

"(3) Representation.—The task force shall be comprised of representatives of—

"(A) the relevant offices of the TSA;

"(B) if considered appropriate by the Administrator, the Science and Technology Directorate of the Department of Homeland Security;

"(C) any other component of the Department of Homeland Security that the Administrator considers appropriate; and

"(D) such industry representatives as the Administrator considers appropriate.

"(d) Rule of Construction.—Nothing in this section shall be construed to require the acquisition or deployment of an innovative technology, emerging security capability, or process identified, developed, or recommended under this section.

"(e) Nonapplicability of FACA.—The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the task force established under this section."

[For definitions of terms used in section 1916 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]

Research and Development of Aviation Security Technology

Pub. L. 107–71, title I, §137, Nov. 19, 2001, 115 Stat. 637, as amended by Pub. L. 110–53, title XVI, §1608, Aug. 3, 2007, 121 Stat. 484, provided that:

"(a) Funding.—To augment the programs authorized in section 44912(a)(1) of title 49, United States Code, there is authorized to be appropriated an additional $50,000,000 for each of fiscal years 2006 through 2011 and such sums as are necessary for each fiscal year thereafter to the Transportation Security Administration, for research, development, testing, and evaluation of the following technologies which may enhance transportation security in the future. Grants to industry, academia, and Government entities to carry out the provisions of this section shall be available for fiscal years 2006 through 2011 for—

"(1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage, specifically, technology that is—

"(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the Argus research program at the Transportation Security Administration;

"(B) faster, to facilitate screening of all checked baggage at larger airports; or

"(C) more accurate, to reduce the number of false positives requiring additional security measures;

"(2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide more effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced x-ray technology;

"(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of items being loaded onto aircraft, including cargo, catering, and duty-free items;

"(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;

"(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement, including quantitative methods of assessing security factors at airports selected for testing such systems;

"(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education, training, and testing of key airport security personnel; and

"(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the vulnerability of aircraft to terrorist attack.

"(b) Grants.—Grants awarded under this subtitle [probably should be "this section"] shall identify potential outcomes of the research, and propose a method for quantitatively assessing effective increases in security upon completion of the research program. At the conclusion of each grant, the grant recipient shall submit a final report to the Transportation Security Administration that shall include sufficient information to permit the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] to prepare a cost-benefit analysis of potential improvements to airport security based upon deployment of the proposed technology. The Under Secretary shall begin awarding grants under this subtitle within 90 days of the date of enactment of this Act [Nov. 19, 2001].

"(c) Budget Submission.—A budget submission and detailed strategy for deploying the identified security upgrades recommended upon completion of the grants awarded under subsection (b), shall be submitted to Congress as part of the Department of Transportation's annual budget submission.

"(d) Defense Research.—There is authorized to be appropriated $20,000,000 to the Transportation Security Administration to issue research grants in conjunction with the Defense Advanced Research Projects Agency. Grants may be awarded under this section for—

"(1) research and development of longer-term improvements to airport security, including advanced weapons detection;

"(2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties;

"(3) advances in biometrics for identification and threat assessment; or

"(4) other technologies for preventing acts of terrorism in aviation."

[For definitions of terms used in section 137 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]

Termination of Advisory Panels

Advisory panels established after Jan. 5, 1973, to terminate not later than expiration of 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§44913. Explosive detection

(a) Deployment and Purchase of Equipment.—(1) A deployment or purchase of explosive detection equipment under section 108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, or similar regulation is required only if the Administrator of the Transportation Security Administration (referred to in this section as "the Administrator") certifies that the equipment alone, or as part of an integrated system, can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Administrator shall base the certification on the results of tests conducted under protocols developed in consultation with expert scientists outside of the Transportation Security Administration. Those tests shall be completed not later than April 16, 1992.

(2) Until such time as the Administrator determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Administrator shall facilitate the deployment of such approved commercially available explosive detection devices as the Administrator determines will enhance aviation security significantly. The Administrator shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The Administrator is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The Administrator may permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.

(3) This subsection does not prohibit the Administrator from purchasing or deploying explosive detection equipment described in paragraph (1) of this subsection.

(b) Grants.—The Administrator may provide grants to continue the Explosive Detection K-9 Team Training Program to detect explosives at airports and on aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 104–264, title III, §305(a), Oct. 9, 1996, 110 Stat. 3252; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 107–71, title I, §101(f)(2), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(11), Oct. 5, 2018, 132 Stat. 3635.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44913(a)(1)	49 App.:1358c(a), (b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §320; added Nov. 16, 1990, Pub. L. 101–604, §108, 104 Stat. 3077.
44913(a)(2)	49 App.:1358c(c).
44913(a)(3)	49 App.:1358c(d).
44913(b)	49 App.:2225.	Sept. 3, 1982, Pub. L. 97–248, §529, 96 Stat. 699; Dec. 30, 1987, Pub. L. 100–223, §114, 101 Stat. 1505.

In subsection (a), the words "after November 16, 1990" are omitted as executed. The words "The Administrator shall base the certification on" are substituted for "based on" because of the restatement.

In subsection (b), the words "but not be limited to" are omitted as unnecessary.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(11)(A)(iv), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (a)(1). Pub. L. 115–254, §1991(d)(11)(A)(i), substituted "Administrator of the Transportation Security Administration (referred to in this section as 'the Administrator')" for "Under Secretary of Transportation for Security".

Subsec. (a)(2) to (4). Pub. L. 115–254, §1991(d)(11)(A)(ii), (iii), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "Before completion of the tests described in paragraph (1) of this subsection, but not later than April 16, 1992, the Under Secretary may require deployment of explosive detection equipment described in paragraph (1) if the Under Secretary decides that deployment will enhance aviation security significantly. In making that decision, the Under Secretary shall consider factors such as the ability of the equipment alone, or as part of an integrated system, to detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Under Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of a deployment decision made under this paragraph."

Subsec. (b). Pub. L. 115–254, §1991(d)(11)(B), substituted "Administrator" for "Secretary of Transportation".

2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(9), substituted "of Transportation for Security" for "of the Federal Aviation Administration".

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Pub. L. 107–71, §101(f)(2), substituted "of the Transportation Security Administration" for "of the Administration" in second sentence.

Subsec. (a)(2) to (4). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.

1996—Subsec. (a)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

Subsec. (a)(3), (4). Pub. L. 104–264 added par. (3) and redesignated former par. (3) as (4).

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.

Improved Explosive Detection Systems

Pub. L. 108–458, title IV, §4024, Dec. 17, 2004, 118 Stat. 3724, provided that:

"(a) Plan and Guidelines.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.

"(b) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $100,000,000, in addition to any amounts otherwise authorized by law, for the purpose of research and development of improved explosive detection systems for aviation security under section 44913 of title 49, United States Code."

Weapons and Explosive Detection Study

Pub. L. 104–264, title III, §303, Oct. 9, 1996, 110 Stat. 3250, provided that:

"(a) In General.—The Administrator of the Federal Aviation Administration shall enter into an arrangement with the Director of the National Academy of Sciences (or if the National Academy of Sciences is not available, the head of another equivalent entity) to conduct a study in accordance to this section.

"(b) Panel of Experts.—

"(1) In general.—In carrying out a study under this section, the Director of the National Academy of Sciences (or the head of another equivalent entity) shall establish a panel (hereinafter in this section referred to as the 'panel').

"(2) Expertise.—Each member of the panel shall have expertise in weapons and explosive detection technology, security, air carrier and airport operations, or another appropriate area. The Director of the National Academy of Sciences (or the head of another equivalent entity) shall ensure that the panel has an appropriate number of representatives of the areas specified in the preceding sentence.

"(c) Study.—The panel, in consultation with the National Science and Technology Council, representatives of appropriate Federal agencies, and appropriate members of the private sector, shall—

"(1) assess the weapons and explosive detection technologies that are available at the time of the study that are capable of being effectively deployed in commercial aviation;

"(2) determine how the technologies referred to in paragraph (1) may more effectively be used for promotion and improvement of security at airport and aviation facilities and other secured areas;

"(3) assess the cost and advisability of requiring hardened cargo containers as a way to enhance aviation security and reduce the required sensitivity of bomb detection equipment; and

"(4) on the basis of the assessments and determinations made under paragraphs (1), (2), and (3), identify the most promising technologies for the improvement of the efficiency and cost-effectiveness of weapons and explosive detection.

"(d) Cooperation.—The National Science and Technology Council shall take such actions as may be necessary to facilitate, to the maximum extent practicable and upon request of the Director of the National Academy of Sciences (or the head of another equivalent entity), the cooperation of representatives of appropriate Federal agencies, as provided for in subsection (c), in providing the panel, for the study under this section—

"(1) expertise; and

"(2) to the extent allowable by law, resources and facilities.

"(e) Reports.—The Director of the National Academy of Sciences (or the head of another equivalent entity) shall, pursuant to an arrangement entered into under subsection (a), submit to the Administrator such reports as the Administrator considers to be appropriate. Upon receipt of a report under this subsection, the Administrator shall submit a copy of the report to the appropriate committees of Congress.

"(f) Authorization of Appropriations.—There are authorized to be appropriated for each of fiscal years 1997 through 2001 such sums as may be necessary to carry out this section."

§44914. Airport construction guidelines

In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(12), Oct. 5, 2018, 132 Stat. 3635.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44914	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §106(f), 104 Stat. 3075.
	49 App.:1432(d).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(d); added Nov. 16, 1990, Pub. L. 101–604, §110(a), 104 Stat. 3080.

The words "In developing the guidelines" are substituted for "In developing airport construction guidelines under subsection (d) of section 612 of the Federal Aviation Act of 1958, as added by section 110 of this Act" in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration" for "with air carriers, airport authorities, and others the Under Secretary of Transportation for Security" and, in two places, "Administrator" for "Under Secretary".

2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".

§44915. Exemptions

The Administrator of the Transportation Security Administration may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title airports in Alaska served only by air carriers that—

(1) hold certificates issued under section 41102 of this title;

(2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and

(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(13), Oct. 5, 2018, 132 Stat. 3635.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44915	49 App.:1358.	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §317; added July 12, 1976, Pub. L. 94–353, §17(a), 90 Stat. 882.

In clause (1), the word "issued" is substituted for "granted" for consistency in this part. The words "by the Civil Aeronautics Board" are omitted as surplus.

Clause (3) is substituted for 49 App.:1358 (words after 3d comma) for consistency in the revised title.

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.

2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in introductory provisions.

§44916. Assessments and evaluations

(a) Periodic Assessments.—The Administrator of the Transportation Security Administration shall require each air carrier and airport (including the airport owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments.

(b) Investigations.—The Administrator of the Transportation Security Administration shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Administrator may provide for anonymous tests of those security systems.

(Added Pub. L. 104–264, title III, §312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, §101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(14), Oct. 5, 2018, 132 Stat. 3635.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(14)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsec. (b). Pub. L. 115–254, §1991(d)(14)(B), substituted "Administrator of the Transportation Security Administration shall" for "Under Secretary shall" and "Administrator may" for "Under Secretary may".

2001—Subsec. (a). Pub. L. 107–71, §101(f)(3), substituted "Under Secretary of Transportation for Security" for "Administrator" in first sentence and "Transportation Security Administration" for "Administration" in second sentence.

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Statutory Notes and Related Subsidiaries

Effective Date

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

§44917. Deployment of Federal air marshals

(a) In General.—The Administrator of the Transportation Security Administration under the authority provided by section 44903(d)—

(1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;

(2) shall provide for deployment of Federal air marshals on every such flight determined by the Administrator to present high security risks;

(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;

(4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal;

(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal's home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;

(6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;

(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft;

(8) may appoint—

(A) an individual who is a retired law enforcement officer;

(B) an individual who is a retired member of the Armed Forces; and

(C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,

as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals;

(9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover;

(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions;

(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and

(12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security.

(b) Interim Measures.—Until the Under Secretary ¹ completes implementation of subsection (a), the Under Secretary ¹ may use, after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and departments, on a nonreimbursable basis, to provide air marshal service.

(c) Training for Foreign Law Enforcement Personnel.—

(1) In general.—The Administrator of the Transportation Security Administration, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries.

(2) Watchlist screening.—The Federal Air Marshal Service may only provide appropriate air marshal training to law enforcement personnel of foreign countries after comparing the identifying information and records of law enforcement personnel of foreign countries against all appropriate records in the consolidated and integrated terrorist watchlists maintained by the Federal Government.

(3) Fees.—The Administrator of the Transportation Security Administration shall establish reasonable fees and charges to pay expenses incurred in carrying out this subsection. Funds collected under this subsection shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Administrator of the Transportation Security Administration for purposes for which amounts in such account are available.

(Added Pub. L. 107–71, title I, §105(a), Nov. 19, 2001, 115 Stat. 606; amended Pub. L. 108–458, title IV, §4018, Dec. 17, 2004, 118 Stat. 3721; Pub. L. 115–254, div. K, title I, §§1959(c)(5), (d)(1), 1991(d)(15), Oct. 5, 2018, 132 Stat. 3599, 3635.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(15)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.

Subsec. (a)(2). Pub. L. 115–254, §1991(d)(15)(A)(ii), substituted "by the Administrator" for "by the Secretary".

Subsec. (a)(9) to (12). Pub. L. 115–254, §1959(d)(1), added pars. (9) to (12).

Subsec. (b). Pub. L. 115–254, §1959(c)(5), redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: "In making the determination under subsection (a)(2), nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority."

Subsec. (c). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(1). Pub. L. 115–254, §1991(d)(15)(B)(i), which directed amendment of subsec. (d)(1) by substituting "Administrator of the Transportation Security Administration" for "Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security", was executed to subsec. (c)(1) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, §1959(c)(5)(B). See above.

Subsec. (c)(3). Pub. L. 115–254, §1991(d)(15)(B)(ii), which directed amendment of subsec. (d)(3) by substituting "Administrator of the Transportation Security Administration" for "Assistant Secretary" in two places, was executed to subsec. (c)(3) to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (c) by Pub. L. 115–254, §1959(c)(5)(B). See above.

Subsec. (d). Pub. L. 115–254, §1959(c)(5)(B), redesignated subsec. (d) as (c).

2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).

Statutory Notes and Related Subsidiaries

Federal Air Marshal Service Updates

Pub. L. 115–254, div. K, title I, §1959(a)–(c)(4), Oct. 5, 2018, 132 Stat. 3598, 3599, provided that:

"(a) Standardization.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall develop a standard written agreement that shall be the basis of all negotiations and agreements that begin after the date of enactment of this Act between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States, including deployment, technical assistance, and information sharing.

"(2) Written agreements.—Except as provided in paragraph (3), not later than 180 days after the date of enactment of this Act, all agreements between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States shall be in writing and signed by the Administrator or other authorized United States Government representative.

"(3) Exception.—The Administrator may schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect if the Administrator determines that—

"(A) such mission is necessary for aviation security; and

"(B) the requirements of paragraph (4)(B) are met.

"(4) Notification to congress.—

"(A) Written agreements.—Not later than 30 days after the date that the Administrator enters into a written agreement under this section, the Administrator shall transmit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a copy of the agreement.

"(B) No written agreements.—The Administrator shall submit to the appropriate committees of Congress—

"(i) not later than 30 days after the date of enactment of this Act, a list of each foreign government or partner that does not have a written agreement under this section, including an explanation for why no written agreement exists and a justification for the determination that such a mission is necessary for aviation security; and

"(ii) not later than 30 days after the date that the Administrator makes a determination to schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect under paragraph (3), the name of the applicable foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that such mission is necessary for aviation security.

"(b) Mission Scheduling Automation.—The Administrator shall endeavor to acquire automated capabilities or technologies for scheduling Federal air marshal service missions based on current risk modeling.

"(c) Improving Federal Air Marshal Service Deployments.—

"(1) After-action reports.—The Administrator shall strengthen internal controls to ensure that all after-action reports on Federal air marshal service special mission coverage provided to stakeholders include documentation of supervisory review and approval, and mandatory narratives.

"(2) Study.—The Administrator shall contract with an independent entity to conduct a validation and verification study of the risk analysis and risk-based determinations guiding Federal air marshal service deployment, including the use of risk-based strategies under subsection (d) [amending this section (see subsec. (a)(9) to (12) of this section) and enacting provisions set out as a note below].

"(3) Cost-benefit analysis.—The Administrator shall conduct a cost-benefit analysis regarding mitigation of aviation security threats through Federal air marshal service deployment.

"(4) Performance measures.—The Administrator shall improve existing performance measures to better determine the effectiveness of in-flight operations in addressing the highest risks to aviation transportation based on current intelligence."

Implementation Deadline

Pub. L. 115–254, div. K, title I, §1959(d)(3), Oct. 5, 2018, 132 Stat. 3600, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall begin implementing the requirements under paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act."

Federal Air Marshals

Pub. L. 108–458, title IV, §4016, Dec. 17, 2004, 118 Stat. 3720, as amended by Pub. L. 115–254, div. K, title I, §1993, Oct. 5, 2018, 132 Stat. 3646, provided that:

"(a) Federal Air Marshal Anonymity.—The Director of the Federal Air Marshal Service of the Department of Homeland Security shall continue operational initiatives to protect the anonymity of Federal air marshals.

"(b) Authorization of Additional Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of title 49, United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall remain available until expended.

"(c) Federal Law Enforcement Counterterrorism Training.—

"(1) Availability of information.—The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security, shall make available, as practicable, appropriate information on in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm.

"(2) Identification of fraudulent documents.—The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and passports. Such training shall also be made available to other Federal law enforcement agencies and local law enforcement agencies located in a State that borders Canada or Mexico."

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

§44918. Crew training

(a) Basic Security Training.—

(1) In general.—Each air carrier providing scheduled passenger air transportation shall carry out a training program for flight and cabin crew members to prepare the crew members for potential threat conditions and unruly passenger behavior.

(2) Program elements.—An air carrier training program under this subsection shall include, at a minimum, elements that address each of the following:

(A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence of such behavior and activities.

(B) Crew communication and coordination.

(C) The proper commands to give passengers and attackers.

(D) Appropriate responses to defend oneself.

(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration).

(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.

(G) Situational training exercises regarding various threat conditions.

(H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.

(I) Methods to subdue and restrain an active attacker.

(J) The proper conduct of a cabin search, including explosive device recognition.

(K) Any other subject matter considered appropriate by the Administrator of the Transportation Security Administration.

(3) Approval.—An air carrier training program under this subsection shall be subject to approval by the Administrator of the Transportation Security Administration.

(4) Minimum standards.—Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for—

(A) the training provided under this subsection and any for recurrent training; and

(B) the individuals or entities providing such training.

(5) Existing programs.—Notwithstanding paragraphs (3) and (4), any training program of an air carrier to prepare flight and cabin crew members for potential threat conditions that was approved by the Administrator or the Administrator of the Transportation Security Administration before December 12, 2003, may continue in effect until disapproved or ordered modified by the Administrator of the Transportation Security Administration.

(6) Monitoring.—The Administrator of the Transportation Security Administration, in consultation with the Administrator and the Federal Air Marshal Service, shall monitor air carrier training programs under this subsection and shall periodically review an air carrier's training program to ensure that the program is adequately preparing crew members for potential threat conditions based on changes in the potential or actual threat conditions. In determining when an air carrier's training program should be reviewed under this paragraph, the Administrator of the Transportation Security Administration shall consider complaints from crew members. The Administrator of the Transportation Security Administration shall ensure that employees responsible for monitoring the training programs have the necessary resources and knowledge, including self-defense training expertise and experience.

(7) Updates.—The Administrator of the Transportation Security Administration, in consultation with the Administrator, shall order air carriers to modify training programs under this subsection to reflect new or different security threats.

(b) Advanced Self-Defense Training.—

(1) In general.—The Administrator of the Transportation Security Administration shall develop and provide a voluntary training program for flight and cabin crew members of air carriers providing scheduled passenger air transportation.

(2) Program elements.—The training program under this subsection shall include both classroom and effective hands-on training in the following elements of self-defense:

(A) Deterring a passenger who might present a threat.

(B) Advanced control, striking, and restraint techniques.

(C) Training to defend oneself against edged or contact weapons.

(D) Methods to subdue and restrain an attacker.

(E) Use of available items aboard the aircraft for self-defense.

(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.

(G) Any other element of training that the Administrator of the Transportation Security Administration considers appropriate.

(3) Participation not required.—A crew member shall not be required to participate in the training program under this subsection.

(4) Compensation.—Except as provided in paragraph (8), neither the Federal Government nor an air carrier shall be required to compensate a crew member for participating in the training program under this subsection.

(5) Fees.—A crew member shall not be required to pay a fee for the training program under this subsection.

(6) Consultation.—In developing the training program under this subsection, the Administrator of the Transportation Security Administration shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, representatives of air carriers, the director of self-defense training in the Federal Air Marshal Service, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.

(7) Designation of tsa official.—The Administrator of the Transportation Security Administration shall designate an official in the Transportation Security Administration to be responsible for implementing the training program under this subsection. The official shall consult with air carriers and labor organizations representing crew members before implementing the program to ensure that it is appropriate for situations that may arise on board an aircraft during a flight.

(8) Air carrier accommodation.—An air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations.

(c) Limitation.—Actions by crew members under this section shall be subject to the provisions of section 44903(k).

(Added Pub. L. 107–71, title I, §107(a), Nov. 19, 2001, 115 Stat. 610; amended Pub. L. 107–296, title XIV, §1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L. 108–176, title VI, §603, Dec. 12, 2003, 117 Stat. 2563; Pub. L. 115–254, div. K, title I, §1991(d)(16), Oct. 5, 2018, 132 Stat. 3635; Pub. L. 118–63, title IV, §427, May 16, 2024, 138 Stat. 1169.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (a)(4), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, §427(1)(A), inserted "and unruly passenger behavior" before period at end.

Subsec. (a)(2)(A). Pub. L. 118–63, §427(1)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "Recognizing suspicious activities and determining the seriousness of any occurrence."

Subsec. (a)(2)(H). Pub. L. 118–63, §427(1)(B)(ii), added subpar. (H) and struck out former subpar. (H) which read as follows: "Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers."

Subsec. (a)(2)(I) to (K). Pub. L. 118–63, §427(1)(B)(iii), (iv), added subpar. (I) and redesignated former subpars. (I) and (J) as (J) and (K), respectively.

Subsec. (a)(4). Pub. L. 118–63, §427(1)(C), added par. (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "The Administrator of the Transportation Security Administration may establish minimum standards for the training provided under this subsection and for recurrent training."

Subsec. (a)(6). Pub. L. 118–63, §427(1)(D), inserted "and the Federal Air Marshal Service" after "consultation with the Administrator", substituted "and shall periodically" for "and periodically shall", and inserted "based on changes in the potential or actual threat conditions" before period at end of first sentence and ", including self-defense training expertise and experience" before period at end of third sentence.

Subsec. (b)(4). Pub. L. 118–63, §427(2)(A), substituted "Except as provided in paragraph (8), neither" for "Neither".

Subsec. (b)(8). Pub. L. 118–63, §427(2)(B), added par. (8).

2018—Pub. L. 115–254, §1991(d)(16)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a)(2)(E). Pub. L. 115–254, §1991(d)(16)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".

Subsec. (a)(4). Pub. L. 115–254, §1991(d)(16)(A)(ii), substituted "The" for "Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the".

Subsec. (a)(5). Pub. L. 115–254, §1991(d)(16)(A)(iii), substituted "December 12, 2003," for "the date of enactment of the Vision 100—Century of Aviation Reauthorization Act".

Subsec. (b)(1). Pub. L. 115–254, §1991(d)(16)(B)(i), substituted "The" for "Not later than one year after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, the".

Subsec. (b)(6). Pub. L. 115–254, §1991(d)(16)(B)(ii), substituted "Federal Air Marshal Service" for "Federal Air Marshals Service".

2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development of detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions.

2002—Subsec. (e). Pub. L. 107–296 designated existing provisions as par. (1), inserted heading, substituted "The Under Secretary" for "The Administrator", added pars. (2) and (3), and realigned margins.

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 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.

Crew Member Self-Defense Training

Pub. L. 115–254, div. K, title I, §1960, Oct. 5, 2018, 132 Stat. 3600, provided that: "The Administrator [of the Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall continue to carry out and encourage increased participation by air carrier employees in the voluntary self-defense training program under section 44918(b) of title 49, United States Code."

§44919. PreCheck Program

(a) In General.—The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note).

(b) Expansion.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under section 114(m) of this title, with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program.

(c) Minimum Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:

(1) Start-to-finish secure online or mobile enrollment capability.

(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if—

(A) such means—

(i) are evaluated and certified by the Secretary of Homeland Security;

(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and

(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and

(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments.

(d) Additional Capability Requirements.—At least 1 agreement under subsection (b) shall include the following capabilities:

(1) Start-to-finish secure online or mobile enrollment capability.

(2) Vetting of an applicant by means of biometrics if the collection—

(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology;

(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as "Privacy Act of 1974"), and with agency regulations;

(C) is evaluated and certified by the Secretary of Homeland Security; and

(D) is determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history.

(e) Target Enrollment.—Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in the PreCheck Program as follows:

(1) 7,000,000 passengers before October 1, 2019.

(2) 10,000,000 passengers before October 1, 2020.

(3) 15,000,000 passengers before October 1, 2021.

(f) Marketing of PreCheck Program.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall—

(1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and

(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program.

(g) Identity Verification Enhancement.—The Administrator shall—

(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program;

(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and

(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification.

(h) PreCheck Program Lanes Operation.—The Administrator shall—

(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and

(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.

(i) Eligibility of Members of the Armed Forces for Expedited Security Screening.—

(1) In general.—Subject to paragraph (3), an individual specified in paragraph (2) is eligible for expedited security screening under the PreCheck Program.

(2) Individuals specified.—An individual specified in this subsection is any of the following:

(A) A member of the Armed Forces, including a member of a reserve component or the National Guard.

(B) A cadet or midshipman of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy.

(C) A family member of an individual specified in subparagraph (A) or (B) who is younger than 12 years old and accompanying the individual.

(3) Implementation.—The eligibility of an individual specified in paragraph (2) for expedited security screening under the PreCheck Program is subject to such policies and procedures as the Administrator may prescribe to carry out this subsection, in consultation with the Secretary of Defense and, with respect to the United States Coast Guard, the Commandant of the United States Coast Guard.

(j) Vetting for PreCheck Program Participants.—The Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck Program.

(k) Assurance of Separate Program.—In carrying out this section, the Administrator shall ensure that the additional private sector application capabilities under subsections (b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the Universal Enrollment Services program.

(l) Expenditure of Funds.—Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that includes the requirements of this section.

(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 611; amended Pub. L. 115–254, div. K, title I, §1937(a), Oct. 5, 2018, 132 Stat. 3576.)

Editorial Notes

References in Text

Section 109 of the Aviation and Transportation Security Act, referred to in subsec. (a), is section 109 of Pub. L. 107–71, which is set out as a note under section 114 of this title.

The date of enactment of the TSA Modernization Act, referred to in subsecs. (b) and (f), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to establishment of pilot program under which the screening of passengers and property was to be conducted by a qualified private screening company.

Statutory Notes and Related Subsidiaries

Enrollment Redress With Respect to Department of Homeland Security Trusted Traveler Programs

Pub. L. 117–81, div. F, title LXIV, §6417, Dec. 27, 2021, 135 Stat. 2415, provided that: "Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual."

PreCheck Expedited Screening

Pub. L. 115–254, div. K, title I, §1938, Oct. 5, 2018, 132 Stat. 3579, provided that:

"(a) In General.—Not later than 18 months after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall ensure that only a traveler who is a member of a trusted traveler program specified in subsection (b) is permitted to use a TSA PreCheck security screening lane at a passenger screening checkpoint.

"(b) Trusted Traveler Programs Specified.—A trusted traveler program specified in this subsection is any of the following:

"(1) The PreCheck Program under section 44919 of title 49, United States Code.

"(2) Any other program implemented by the TSA under section 109(a)(3) of the Aviation and Transportation Security Act [Pub. L. 107–71] (49 U.S.C. 114 note).

"(3) Any other United States Government program that issues a unique identifier, such as a known traveler number, that the TSA accepts as validating that the individual holding such identifier is a member of a known low-risk population.

"(c) Exemptions.—Nothing in this section shall affect—

"(1) the authority of the Administrator, under section 44927 of title 49, United States Code, to carry out expedited screening for members of the Armed Forces with disabilities or severe injuries or veterans with disabilities or severe injuries; or

"(2) the Honor Flight program under section 44928 of that title.

"(d) Low-risk Travelers.—Any traveler who is determined by the Administrator to be low risk based on the traveler's age and who is not a member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at Transportation Security Administration checkpoints when traveling on the same reservation as a member of such a program.

"(e) Risk Modified Screening.—

"(1) Pilot program.—Not later than 60 days after the date of enactment of this Act [Oct. 5, 2018] and subject to paragraph (2), the Administrator shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at passenger screening checkpoints, in airports of varying categories, to further segment passengers based on risk.

"(2) Eligibility.—Only a low-risk passenger shall be eligible to participate in the risk modified screening pilot program under paragraph (1).

"(3) Definition of low-risk passenger.—In this subsection, the term 'low-risk passenger' means a passenger who—

"(A) meets a risk-based, intelligence-driven criteria prescribed by the Administrator; or

"(B) undergoes a canine enhanced screening upon arrival at the passenger screening checkpoint.

"(4) Termination.—The pilot program shall terminate on the date that is 120 days after the date it commences under paragraph (1).

"(5) Briefing.—Not later than 30 days after the termination date under paragraph (4), the Administrator shall brief the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] on the findings of the pilot program, including—

"(A) information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening protocol;

"(B) a determination regarding whether the risk modified screening protocol was effective; and

"(C) if the Administrator determined that the protocol was effective, a plan for the deployment of the protocol at as many TSA passenger screening checkpoints as practicable.

"(6) Implementation.—In determining whether deployment of the protocol at a TSA passenger screening checkpoint at an airport is practicable, the Administrator shall consider—

"(A) the level of risk at the airport;

"(B) the available space at the airport;

"(C) passenger throughput levels at the airport;

"(D) the checkpoint configuration at the airport; and

"(E) adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at the passenger screening checkpoint.

"(f) Working Group.—

"(1) In general.—In carrying out subsection (e), the Administrator shall establish a working group to advise the Administrator on the development of plans for the deployment of the protocol at TSA passenger screening checkpoints, other than designated TSA PreCheck security screening lanes, in the most effective and efficient manner practicable.

"(2) Members.—The working group shall be comprised of representatives of Category X, I, II, III, and IV airports and air carriers (as the term is defined in section 40102 of title 49, United States Code).

"(3) Nonapplicability of faca.—The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to the working group established under this subsection.

"(g) Briefings.—

"(1) In general.—The Administrator shall brief, on a biannual basis, the appropriate committees of Congress on the implementation of subsections [sic] (a) until the Administrator certifies that only travelers who are members of trusted traveler programs specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at passenger screening checkpoints.

"(2) Certification.—Upon a determination by the Administrator that only travelers who are members of a trusted traveler program specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at checkpoints in accordance with subsection (a), the Administrator shall submit to the appropriate committees of Congress a written certification relating to such determination.

"(h) Inspector General Assessments.—The Inspector General of the Department [of Homeland Security] shall assess and transmit to the appropriate committees of Congress the Administrator's implementation under subsection (a).

"(i) Expansion of TSA PreCheck Program Enrollment.—

"(1) Long-term strategy.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall develop and begin the implementation [of] a long-term strategy to increase enrollment in the TSA PreCheck Program.

"(2) Considerations.—In developing the strategy under paragraph (1), the Administrator shall consider the following:

"(A) Partnering with air carriers (as the term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations;[.]

"(B) Including in the PreCheck Program of [sic] an individual who—

"(i) holds a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance, unless the individual has had the individual's clearance revoked or did not pass a periodic reinvestigation; or

"(ii) is a current, full-time Federal law enforcement officer.

"(C) Providing PreCheck Program enrollment flexibility by offering secure mobile enrollment platforms that facilitate in-person identity verification and application data collection, such as through biometrics.

"(D) Reducing travel time to PreCheck Program enrollment centers for applicants, including—

"(i) by adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand;

"(ii) by seeking to colocate such enrollment centers with existing facilities that support the issuance of—

     "(I) United States passports; and

     "(II) Security Identification Display Area credentials (as the term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports if no systems of an airport operator are used in support of enrollment activities for such credentials; and

"(iii) by increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations.

"(E) The feasibility of providing financial assistance or other incentives for PreCheck Program enrollment for—

"(i) children who are at least 12 years or older, but less than 18 years old;

"(ii) families consisting of 5 or more immediate family members;

"(iii) private sector entities, including small businesses, to establish PreCheck Program enrollment centers in their respective facilities; and

"(iv) private sector entities, including small business concerns (as the term is described in section 3 of the Small Business Act (15 U.S.C. 632)), to reimburse an employee for the cost of the PreCheck Program application."

§44920. Screening partnership program

(a) In General.—An airport operator may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract entered into with the Transportation Security Administration.

(b) Approval of Applications.—

(1) In general.—Not later than 60 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Administrator shall approve or deny the application.

(2) Standards.—The Administrator shall approve an application submitted by an airport operator under subsection (a) if the Administrator determines that the approval would not compromise security or detrimentally affect the cost-efficiency or the effectiveness of the screening of passengers or property at the airport.

(3) Reports on denials of applications.—

(A) In general.—If the Administrator denies an application submitted by an airport operator under subsection (a), the Administrator shall provide to the airport operator, not later than 60 days following the date of the denial, a written report that sets forth—

(i) the findings that served as the basis for the denial;

(ii) the results of any cost or security analysis conducted in considering the application; and

(iii) recommendations on how the airport operator can address the reasons for the denial.

(B) Submission to congress.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A).

(c) Qualified Private Screening Company.—A private screening company is qualified to provide screening services at an airport under this section if the company will only employ individuals to provide such services who meet all the requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under this chapter and will provide compensation and other benefits to such individuals that are not less than the level of compensation and other benefits provided to such Federal Government personnel in accordance with this chapter.

(d) Selection of Contracts and Standards for Private Screening Companies.—

(1) In general.—The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies.

(2) Contracts.—The Administrator shall, to the extent practicable, enter into a contract with a private screening company from the list provided under paragraph (1) for the provision of screening at the airport not later than 120 days after the date of approval of an application submitted by the airport operator under subsection (a) if—

(A) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter;

(B) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Administrator determines that there are private screening companies owned and controlled by such citizens; and

(C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport.

(3) Waivers.—The Administrator may waive the requirement of paragraph (2)(B) for any company that is a United States subsidiary with a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to the submission of the application. The Administrator has complete discretion to reject any application from a private screening company to provide screening services at an airport that requires a waiver under this paragraph.

(e) Supervision of Screening Personnel.—The Administrator shall—

(1) provide Federal Government supervisors to oversee all screening at each airport at which screening services are provided under this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter; and

(2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.

(f) Termination or Suspension of Contracts.—The Administrator may suspend or terminate, as appropriate, any contract entered into with a private screening company to provide screening services at an airport under this section if the Administrator finds that the company has failed repeatedly to comply with any standard, regulation, directive, order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening at the airport.

(g) Operator of Airport.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any claims for damages filed in State or Federal court (including a claim for compensatory, punitive, contributory, or indemnity damages) relating to—

(1) such airport operator's decision to submit an application to the Secretary of Homeland Security under subsection (a) or such airport operator's decision not to submit an application; and

(2) any act of negligence, gross negligence, or intentional wrongdoing by—

(A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract entered into with the Secretary of Homeland Security or the Secretary's designee; or

(B) employees of the Federal Government providing passenger and property security screening services at the airport.

(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its security responsibilities, nor except as may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private screening company or its employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.

(h) Evaluation of Screening Company Proposals for Award.—

(1) In general.—Except as provided in paragraph (2), notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.),¹ an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract.

(2) Participation on a proposal evaluation committee.—Any participation on a proposal evaluation committee under paragraph (1) shall be conducted in accordance with chapter 21 of title 41.

(i) ² Innovative Screening Approaches and Technologies.—The Administrator shall encourage an airport operator to whom screening services are provided under this section to recommend to the Administrator innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.

(i) ² Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.

(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 612; amended Pub. L. 109–90, title V, §547, Oct. 18, 2005, 119 Stat. 2089; Pub. L. 112–95, title VIII, §830(a)–(c), Feb. 14, 2012, 126 Stat. 135; Pub. L. 115–254, div. K, title I, §§1946(a), 1991(d)(17), Oct. 5, 2018, 132 Stat. 3585, 3636.)

Editorial Notes

References in Text

The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, referred to in subsec. (g)(3), is subtitle G (§§861–865) of title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY Act, which is classified generally to part G (§441 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.

The Federal Advisory Committee Act, referred to in subsec. (h)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Amendments

2018—Pub. L. 115–254, §1946(a)(1), substituted "Screening partnership program" for "Security screening opt-out program" in section catchline.

Subsec. (a). Pub. L. 115–254, §1946(a)(2), amended subsec. (a) generally. Prior to amendment, text read as follows: "On or after the last day of the 2-year period beginning on the date on which the Under Secretary transmits to Congress the certification required by section 110(c) of the Aviation and Transportation Security Act, an operator of an airport may submit to the Under Secretary an application to have the screening of passengers and property at the airport under section 44901 to be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary."

Subsec. (b)(1). Pub. L. 115–254, §1946(a)(3)(A), amended par. (1) generally. Prior to amendment, text read as follows: "Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Under Secretary shall approve or deny the application."

Subsec. (b)(2), (3). Pub. L. 115–254, §1946(a)(3)(B), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (d). Pub. L. 115–254, §1946(a)(4)(A), substituted "Selection of Contracts and Standards" for "Standards" in heading.

Subsec. (d)(1). Pub. L. 115–254, §1946(a)(4)(C)(i), substituted "The Administrator shall, upon approval of the application, provide the airport operator with a list of qualified private screening companies." for "The Under Secretary may enter into a contract with a private screening company to provide screening at an airport under this section only if the Under Secretary determines and certifies to Congress that—". Former subpars. (A) and (B) of par. (1) redesignated subpars. (A) and (B), respectively, of par. (2).

Subsec. (d)(2). Pub. L. 115–254, §1946(a)(4)(C)(ii), inserted par. (2) designation, heading, and introductory provisions before former subpars. (A) and (B) of par. (1), thereby making them part of par. (2). Former par. (2) redesignated (3).

Subsec. (d)(2)(B). Pub. L. 115–254, §1946(a)(4)(D)(ii)(I), substituted "Administrator" for "Under Secretary".

Subsec. (d)(2)(C). Pub. L. 115–254, §1946(a)(4)(D)(i), (ii)(II), (iii), added subpar. (C).

Subsec. (d)(3). Pub. L. 115–254, §1946(a)(4)(E), substituted "Administrator" for "Under Secretary" in two places and "paragraph (2)(B)" for "paragraph (1)(B)".

Pub. L. 115–254, §1946(a)(4)(B), redesignated par. (2) as (3).

Subsec. (e). Pub. L. 115–254, §1946(a)(5)(B)–(E), substituted "The Administrator shall—" for "The Under Secretary shall", inserted par. (1) designation before "provide Federal Government", realigned margins, and added par. (2).

Pub. L. 115–254, §1946(a)(5)(A), substituted "Screening" for "Screened" in heading.

Subsec. (f). Pub. L. 115–254, §1946(a)(6), inserted "or Suspension" after "Termination" in heading, and, in text, substituted "Administrator" for "Under Secretary" in two places and "suspend or terminate, as appropriate," for "terminate".

Subsec. (g)(1). Pub. L. 115–254, §1991(d)(17)(A), substituted "subsection (a)" for "subsection (a) or section 44919".

Subsec. (h). Pub. L. 115–254, §1946(a)(7), added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: "As part of any submission of an application for a private screening company to provide screening services at an airport, the airport operator shall provide to the Under Secretary a recommendation as to which company would best serve the security screening and passenger needs of the airport, along with a statement explaining the basis of the operator's recommendation."

Subsec. (i). Pub. L. 115–254, §1991(d)(17)(B), added subsec. (i) defining "Administrator".

Pub. L. 115–254, §1946(a)(7), added subsec. (i) relating to innovative screening approaches and technologies.

2012—Subsec. (b). Pub. L. 112–95, §830(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Under Secretary may approve any application submitted under subsection (a)."

Subsec. (d). Pub. L. 112–95, §830(b), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).

Subsec. (h). Pub. L. 112–95, §830(c), added subsec. (h).

2005—Subsec. (g). Pub. L. 109–90 added subsec. (g).

Statutory Notes and Related Subsidiaries

Applications Submitted Before the Date of Enactment of Pub. L. 115–254

Pub. L. 115–254, div. K, title I, §1946(c), Oct. 5, 2018, 132 Stat. 3587, provided that: "Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall approve or deny, in accordance with section 44920(b) of title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator under subsection (a) of that section, that is awaiting such a determination."

Executive Documents

Change of Name

Defense Security Service of the Department of Defense changed to Defense Counterintelligence and Security Agency effective June 20, 2019, pursuant to Ex. Ord. No. 13467, set out as a note under section 3161 of Title 50, War and National Defense.

¹ See References in Text note below.

² So in original. Two subsecs. (i) have been enacted.

§44921. Federal flight deck officer program

(a) Establishment.—The Administrator shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as "Federal flight deck officers".

(b) Procedural Requirements.—

(1) In general.—The Administrator shall establish procedural requirements to carry out the program under this section.

(2) Commencement of program.—The Administrator shall train and deputize pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the program.

(3) Issues to be addressed.—The procedural requirements established under paragraph (1) shall address the following issues:

(A) The type of firearm to be used by a Federal flight deck officer.

(B) The type of ammunition to be used by a Federal flight deck officer.

(C) The standards and training needed to qualify and requalify as a Federal flight deck officer.

(D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency.

(E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft.

(F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers.

(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons.

(H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.

(I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1).

(J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot's base airport.

(K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program.

(L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft.

(M) Any other issues that the Administrator considers necessary.

(N) The Administrator's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion.

(4) Preference.—In selecting pilots to participate in the program, the Administrator shall give preference to pilots who are former military or law enforcement personnel.

(5) Classified information.—Notwithstanding section 552 of title 5 but subject to section 40119 ¹ of this title, information developed under paragraph (3)(E) shall not be disclosed.

(6) Notice to congress.—The Administrator shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis required by paragraph (3)(E).

(7) Minimization of risk.—If the Administrator determines as a result of the analysis under paragraph (3)(E) that there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm, the Administrator shall take such actions as may be necessary to minimize that risk.

(c) Training, Supervision, and Equipment.—

(1) In general.—The Administrator shall only be obligated to provide the training, supervision, and equipment necessary for a pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot.

(2) Training.—

(A) In general.—The Administrator shall base the requirements for the training of Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that the Administrator shall take into account the differing roles and responsibilities of Federal flight deck officers and Federal air marshals.

(B) Elements.—The training of a Federal flight deck officer shall include, at a minimum, the following elements:

(i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i).

(ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers.

(iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force.

(C) Training in use of firearms.—

(i) Standard.—In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the Administrator. Such level shall be comparable to the level of proficiency required of Federal air marshals.

(ii) Conduct of training.—

(I) In general.—The training of a Federal flight deck officer in the use of a firearm may be conducted by the Administrator or by a firearms training facility.

(II) Access to training facilities.—The Administrator shall designate additional firearms training facilities located in various regions of the United States for Federal flight deck officers for recurrent and requalifying training relative to the number of such facilities available on the day before such ² date of enactment.

(iii) Requalification.—

(I) In general.—The Administrator shall require a Federal flight deck officer to requalify to carry a firearm under the program. Such requalification shall occur at an interval required by the Administrator.

(II) Use of facilities for requalification.—The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a Transportation Security Administration-approved firearms training facility utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.

(iv) Periodic review.—The Administrator shall periodically review requalification training intervals and assess whether it is appropriate and sufficient to adjust the time between each requalification training to facilitate continued participation in the program under this section while still maintaining effectiveness of the training, and update the training requirements as appropriate.

(D) Training review.—Not later than 2 years after the date of enactment of the TSA Modernization Act, and biennially thereafter, the Administrator shall review training facilities and training requirements for initial and recurrent training for Federal flight deck officers and evaluate how training requirements, including the length of training, could be streamlined while maintaining the effectiveness of the training, and update the training requirements as appropriate.

(d) Deputization.—

(1) In general.—The Administrator may deputize, as a Federal flight deck officer under this section, a pilot who submits to the Administrator a request to be such an officer and whom the Administrator determines is qualified to be such an officer.

(2) Qualification.—

(A) In general.—A pilot is qualified to be a Federal flight deck officer under this section if—

(i) the pilot is employed by an air carrier;

(ii) the Administrator determines (in the Administrator's discretion) that the pilot meets the standards established by the Administrator for being such an officer; and

(iii) the Administrator determines that the pilot has completed the training required by the Administrator.

(B) Consistency with requirements for certain medical certificates.—In establishing standards under subparagraph (A)(ii), the Administrator may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(3) Deputization by other federal agencies.—The Administrator may request another Federal agency to deputize, as Federal flight deck officers under this section, those pilots that the Administrator determines are qualified to be such officers.

(4) Revocation.—The Administrator may (in the Administrator's discretion) revoke the deputization of a pilot as a Federal flight deck officer if the Administrator finds that the pilot is no longer qualified to be such an officer.

(5) Transfer from inactive to active status.—In accordance with any applicable Transportation Security Administration appeals processes, a pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status upon successful completion of a recurrent training program administered within program guidelines.

(e) Compensation.—

(1) In general.—Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services provided as a Federal flight deck officer. The Federal Government and air carriers shall not be obligated to compensate a pilot for participating in the program or for the pilot's training or qualification and requalification to carry firearms under the program.

(2) Facilitation of training.—An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to take a reasonable amount of leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this paragraph may be provided without compensation.

(f) Authority To Carry Firearms.—

(1) In general.—The Administrator shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate air transportation. Notwithstanding subsection (c)(1), the officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program.

(2) Preemption.—Notwithstanding any other provision of Federal or State law, a Federal flight deck officer, whenever necessary to participate in the program, may carry a firearm in any State and from 1 State to another State.

(3) Carrying firearms outside united states.—In consultation with the Secretary of State, the Administrator may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program.

(4) Consistency with federal air marshal program.—The Administrator shall harmonize, to the extent practicable and in a manner that does not jeopardize existing Federal air marshal agreements, the policies relating to the carriage of firearms on international flights by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding Annex 17 of the International Civil Aviation Organization.

(g) Authority To Use Force.—Notwithstanding section 44903(d), the Administrator shall prescribe the standards and circumstances under which a Federal flight deck officer may use, while the program under this section is in effect, force (including lethal force) against an individual in the defense of the flight deck of an aircraft in air transportation or intrastate air transportation.

(h) Limitation on Liability.—

(1) Liability of air carriers.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officer's use of or failure to use a firearm.

(2) Liability of federal flight deck officers.—A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct.

(3) Liability of federal government.—For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure.

(i) Procedures Following Accidental Discharges.—If an accidental discharge of a firearm under the pilot program results in the injury or death of a passenger or crew member on an aircraft, the Administrator—

(1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Administrator determines that the discharge was attributable to the negligence of the officer; and

(2) if the Administrator determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, may temporarily suspend the program until the shortcoming is corrected.

(j) Limitation on Authority of Air Carriers.—No air carrier shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer under this section. No air carrier shall—

(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or

(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section.

(k) Applicability.—This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by such carriers to the extent that such carriers and pilots are covered by section 135.119 of such title or any successor to such section.

(l) Definitions.—In this section:

(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.

(2) Air transportation.—The term "air transportation" includes all-cargo air transportation.

(3) Firearms training facility.—The term "firearms training facility" means a private or government-owned gun range approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.

(4) Pilot.—The term "pilot" means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.

(Added Pub. L. 107–296, title XIV, §1402(a), Nov. 25, 2002, 116 Stat. 2300; amended Pub. L. 108–176, title VI, §609(b), Dec. 12, 2003, 117 Stat. 2570; Pub. L. 115–254, div. K, title I, §1963(a)–(h), Oct. 5, 2018, 132 Stat. 3601–3603.)

Editorial Notes

References in Text

Section 40119 of this title, referred to in subsec. (b)(5), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.

The date of enactment of the TSA Modernization Act, referred to in subsec. (c)(2)(D), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Pub. L. 115–254, §1963(h)(7), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1963(h)(1), substituted "Administrator" for "Under Secretary of Transportation for Security".

Subsec. (b)(1). Pub. L. 115–254, §1963(h)(2)(A), substituted "The Administrator" for "Not later than 3 months after the date of enactment of this section, the Under Secretary".

Subsec. (b)(2). Pub. L. 115–254, §1963(h)(2)(B), substituted "The Administrator shall train and deputize" for "Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing".

Subsec. (b)(3)(N). Pub. L. 115–254, §1963(h)(2)(C), substituted "Administrator's" for "Under Secretary's".

Subsec. (c)(2)(C)(ii). Pub. L. 115–254, §1963(a), designated existing provisions as subcl. (I), inserted heading, struck out "approved by the Under Secretary" after "facility", and added subcl. (II).

Subsec. (c)(2)(C)(iii). Pub. L. 115–254, §1963(b)(1), designated existing provisions as subcl. (I), inserted heading, substituted "The Administrator shall" for "The Under Secretary shall" and "the Administrator" for "the Under Secretary", and added subcl. (II).

Subsec. (c)(2)(C)(iv). Pub. L. 115–254, §1963(b)(2), added cl. (iv).

Subsec. (c)(2)(D). Pub. L. 115–254, §1963(c), added subpar. (D).

Subsec. (d)(2). Pub. L. 115–254, §1963(f), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), substituted "Administrator's" for "Under Secretary's" in subpar. (A)(ii), and added subpar. (B).

Subsec. (d)(4). Pub. L. 115–254, §1963(h)(3), substituted "may" for "may," and "Administrator's" for "Under Secretary's".

Subsec. (d)(5). Pub. L. 115–254, §1963(g), added par. (5).

Subsec. (e). Pub. L. 115–254, §1963(d), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (f)(1), (3). Pub. L. 115–254, §1963(e)(1), substituted "Administrator" for "Under Secretary".

Subsec. (f)(4). Pub. L. 115–254, §1963(e)(2), added par. (4).

Subsec. (i)(2). Pub. L. 115–254, §1963(h)(4), substituted "may" for "the Under Secretary may".

Subsec. (k). Pub. L. 115–254, §1963(h)(5), struck out par. (1) designation and heading before "This section" and struck out pars. (2) and (3) which defined "pilot" and defined "air transportation" to include all-cargo air transportation.

Subsec. (l). Pub. L. 115–254, §1963(h)(6), added subsec. (l).

2003—Subsec. (a). Pub. L. 108–176, §609(b)(1), struck out "passenger" before "air transportation" in two places.

Subsec. (k)(2). Pub. L. 108–176, §609(b)(2), substituted "or any other flight deck crew member" for "or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command".

Subsec. (k)(3). Pub. L. 108–176, §609(b)(3), added par. (3).

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

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

Regulations

Pub. L. 115–254, div. K, title I, §1963(i), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018]—

"(1) the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals; and

"(2) the Administrator [of the Transportation Security Administration] shall revise section 1520.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals."

Pub. L. 115–254, div. K, title I, §1963(j), Oct. 5, 2018, 132 Stat. 3604, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall prescribe such regulations as may be necessary to carry out this section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section."

Equitable Implementation of 2003 Amendments

Pub. L. 108–176, title VI, §609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: "In carrying out the amendments made by subsection (d) [probably means subsec. (b), which amended this section], the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers."

Time for Implementation

Pub. L. 108–176, title VI, §609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: "The requirements of subsection (e) [section 609 of Pub. L. 108–176 has no subsec. (e)] shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 12, 2003]."

¹ See References in Text note below.

² So in original.

§44922. Deputization of State and local law enforcement officers

(a) Deputization Authority.—The Administrator of the Transportation Security Administration may deputize a State or local law enforcement officer to carry out Federal airport security duties under this chapter.

(b) Fulfillment of Requirements.—A State or local law enforcement officer who is deputized under this section shall be treated as a Federal law enforcement officer for purposes of meeting the requirements of this chapter and other provisions of law to provide Federal law enforcement officers to carry out Federal airport security duties.

(c) Agreements.—To deputize a State or local law enforcement officer under this section, the Administrator of the Transportation Security Administration shall enter into a voluntary agreement with the appropriate State or local law enforcement agency that employs the State or local law enforcement officer.

(d) Reimbursement.—

(1) In general.—The Administrator of the Transportation Security Administration shall reimburse a State or local law enforcement agency for all reasonable, allowable, and allocable costs incurred by the State or local law enforcement agency with respect to a law enforcement officer deputized under this section.

(2) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

(e) Federal Tort Claims Act.—A State or local law enforcement officer who is deputized under this section shall be treated as an "employee of the Government" for purposes of sections 1346(b), 2401(b), and chapter 171 of title 28, United States Code, while carrying out Federal airport security duties within the course and scope of the officer's employment, subject to Federal supervision and control, and in accordance with the terms of such deputization.

(f) Stationing of Officers.—The Administrator of the Transportation Security Administration may allow law enforcement personnel to be stationed other than at the airport security screening location if that would be preferable for law enforcement purposes and if such personnel would still be able to provide prompt responsiveness to problems occurring at the screening location.

(Added Pub. L. 108–7, div. I, title III, §351(a), Feb. 20, 2003, 117 Stat. 419; amended Pub. L. 115–254, div. K, title I, §1991(d)(18), Oct. 5, 2018, 132 Stat. 3636.)

Amendments

2018—Pub. L. 115–254, §1991(d)(18)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Pub. L. 115–254, §1991(d)(18)(A), substituted "Deputization" for "Deputation" in section catchline.

Subsec. (a). Pub. L. 115–254, §1991(d)(18)(B), in heading, substituted "Deputization" for "Deputation" and, in text, substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsec. (e). Pub. L. 115–254, §1991(d)(18)(C), substituted "deputization" for "deputation".

§44923. Airport security improvement projects

(a) Grant Authority.—Subject to the requirements of this section, the Administrator of the Transportation Security Administration shall make grants to airport sponsors—

(1) for projects to replace baggage conveyer systems related to aviation security;

(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;

(3) for projects to enable the Administrator of the Transportation Security Administration to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and

(4) for other airport security capital improvement projects.

(b) Applications.—A sponsor seeking a grant under this section shall submit to the Administrator of the Transportation Security Administration an application in such form and containing such information as the Administrator of the Transportation Security Administration prescribes.

(c) Approval.—The Administrator of the Transportation Security Administration, after consultation with the Secretary of Transportation, may approve an application of a sponsor for a grant under this section only if the Administrator of the Transportation Security Administration determines that the project will improve security at an airport or improve the efficiency of the airport without lessening security.

(d) Letters of Intent.—

(1) Issuance.—The Administrator of the Transportation Security Administration shall issue a letter of intent to a sponsor committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest costs and costs of formulating the project).

(2) Schedule.—A letter of intent under this subsection shall establish a schedule under which the Administrator of the Transportation Security Administration will reimburse the sponsor for the Government's share of the project's costs, as amounts become available, if the sponsor, after the Administrator of the Transportation Security Administration issues the letter, carries out the project without receiving amounts under this section.

(3) Notice to administrator of the transportation security administration.—A sponsor that has been issued a letter of intent under this subsection shall notify the Administrator of the Transportation Security Administration of the sponsor's intent to carry out a project before the project begins.

(4) Notice to congress.—The Administrator of the Transportation Security Administration shall transmit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science ¹ and Transportation of the Senate a written notification at least 3 days before the issuance of a letter of intent under this section.

(5) Limitations.—A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.

(6) Statutory construction.—Nothing in this subsection shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.

(e) Federal Share.—The Government's share of the cost of a project under this section shall be 90 percent for a project at a medium or large hub airport and 95 percent for a project at any other airport.

(f) Sponsor Defined.—In this section, the term "sponsor" has the meaning given that term in section 47102.

(g) Applicability of Certain Requirements.—The requirements that apply to grants and letters of intent issued under chapter 471 (other than section 47102(3)) shall apply to grants and letters of intent issued under this section.

(h) Aviation Security Capital Fund.—

(1) In general.—There is established within the Department of Homeland Security a fund to be known as the Aviation Security Capital Fund. The first $250,000,000 derived from fees received under section 44940(a)(1) in each of fiscal years 2004 through 2028 shall be available to be deposited in the Fund. The Administrator of the Transportation Security Administration shall impose the fee authorized by section 44940(a)(1) so as to collect at least $250,000,000 in each of such fiscal years for deposit into the Fund. Amounts in the Fund shall be available to the Administrator of the Transportation Security Administration to make grants under this section.

(2) Allocation.—Of the amount made available under paragraph (1) for a fiscal year, not less than $200,000,000 shall be allocated to fulfill letters of intent issued under subsection (d).

(3) Discretionary grants.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000 shall be used to make discretionary grants, including other transaction agreements for airport security improvement projects, with priority given to small hub airports and nonhub airports.

(i) Leveraged Funding.—For purposes of this section, a grant under subsection (a) to an airport sponsor to service an obligation issued by or on behalf of that sponsor to fund a project described in subsection (a) shall be considered to be a grant for that project.

(Added Pub. L. 108–176, title VI, §605(a), Dec. 12, 2003, 117 Stat. 2566; amended Pub. L. 108–458, title IV, §4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub. L. 110–53, title XVI, §§1603(a), 1604(a), Aug. 3, 2007, 121 Stat. 480; Pub. L. 115–254, div. K, title I, §1991(d)(19), Oct. 5, 2018, 132 Stat. 3636.)

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(19)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(19)(A), in introductory provisions, substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Border and Transportation Security of the Department of Homeland Security".

Subsec. (e). Pub. L. 115–254, §1991(d)(19)(C), struck out par. (1) designation and heading before "The Government's share" and struck out par. (2). Prior to amendment, text of par. (2) read as follows: "The Under Secretary shall revise letters of intent issued before the date of enactment of this section to reflect the cost share established in this subsection with respect to grants made after September 30, 2003."

Subsec. (j). Pub. L. 115–254, §1991(d)(19)(D), struck out subsec. (j) which authorized appropriations for fiscal years 2005 to 2011.

2007—Subsec. (a). Pub. L. 110–53, §1604(a)(1), substituted "shall make" for "may make" in introductory provisions.

Subsec. (d)(1). Pub. L. 110–53, §1604(a)(2), substituted "shall issue" for "may issue".

Subsec. (h)(1). Pub. L. 110–53, §1604(a)(3), substituted "2028" for "2007".

Subsec. (h)(2), (3). Pub. L. 110–53, §1604(a)(4), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to allocation of $125,000,000 of amount available per fiscal year for large, medium, and small hub airports, nonhub airports, and on the basis of aviation security risks, and allocation of $125,000,000 of amount available per fiscal year for discretionary grants, with priority given to fulfilling letters of intent issued under subsec. (d).

Subsec. (i). Pub. L. 110–53, §1604(a)(6), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (i)(1). Pub. L. 110–53, §1603(a), substituted "2007, and $450,000,000 for each of fiscal years 2008 through 2011" for "2007."

Subsec. (j). Pub. L. 110–53, §1604(a)(5), redesignated subsec. (i) as (j).

2004—Subsec. (i)(1). Pub. L. 108–458 substituted "$400,000,000 for each of fiscal years 2005, 2006, and 2007" for "$250,000,000 for each of fiscal years 2004 through 2007".

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.

Prioritization of Projects

Pub. L. 110–53, title XVI, §1604(b), Aug. 3, 2007, 121 Stat. 480, required the Administrator of the Transportation Security Administration to establish a prioritization schedule for airport security improvement projects described in this section based on risk and other relevant factors, to be funded under this section, and to provide to Congress, not later than 180 days after Aug. 3, 2007, a copy of the prioritization schedule, a corresponding timeline, and a description of the funding allocation under this section.

Period of Reimbursement

Pub. L. 108–458, title IV, §4019(e)(2), Dec. 17, 2004, 118 Stat. 3722, provided that: "Notwithstanding any other provision of law, the Secretary [of Homeland Security] may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note)."

¹ So in original. Probably should be "Science,".

§44924. Repair station security

(a) Security Review and Audit.—To ensure the security of maintenance and repair work conducted on air carrier aircraft and components at foreign repair stations, the Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall complete a security review and audit of foreign repair stations that are certified by the Administrator of the Federal Aviation Administration under part 145 of title 14, Code of Federal Regulations, and that work on air carrier aircraft and components. The review shall be completed not later than 6 months after the date on which the Administrator of the Transportation Security Administration issues regulations under subsection (f).

(b) Addressing Security Concerns.—The Administrator of the Transportation Security Administration shall require a foreign repair station to address the security issues and vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of providing notice to the repair station of the security issues and vulnerabilities so identified and shall notify the Administrator of the Federal Aviation Administration that a deficiency was identified in the security audit.

(c) Suspensions and Revocations of Certificates.—

(1) Failure to carry out effective security measures.—If, after the 90th day on which a notice is provided to a foreign repair station under subsection (b), the Administrator of the Transportation Security Administration determines that the foreign repair station does not maintain and carry out effective security measures, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of the determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall suspend the certification of the repair station until such time as the Administrator of the Transportation Security Administration determines that the repair station maintains and carries out effective security measures and transmits the determination to the Administrator of the Federal Aviation Administration.

(2) Immediate security risk.—If the Administrator of the Transportation Security Administration determines that a foreign repair station poses an immediate security risk, the Administrator of the Transportation Security Administration shall notify the Administrator of the Federal Aviation Administration of the determination. Upon receipt of the determination, the Administrator of the Federal Aviation Administration shall revoke the certification of the repair station.

(3) Procedures for appeals.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall establish procedures for appealing a revocation of a certificate under this subsection.

(d) Failure To Meet Audit Deadline.—If the security audits required by subsection (a) are not completed on or before the date that is 6 months after the date on which the Administrator of the Transportation Security Administration issues regulations under subsection (f), the Administrator of the Federal Aviation Administration shall be barred from certifying any foreign repair station (other than a station that was previously certified, or is in the process of certification, by the Administration under this part) until such audits are completed for existing stations.

(e) Priority for Audits.—In conducting the audits described in subsection (a), the Administrator of the Transportation Security Administration and the Administrator of the Federal Aviation Administration shall give priority to foreign repair stations located in countries identified by the Government as posing the most significant security risks.

(f) Regulations.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations.

(g) Report to Congress.—If the Administrator of the Transportation Security Administration does not issue final regulations before the deadline specified in subsection (f), the Administrator of the Transportation Security Administration shall transmit 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 an explanation as to why the deadline was not met and a schedule for issuing the final regulations.

(Added Pub. L. 108–176, title VI, §611(b)(1), Dec. 12, 2003, 117 Stat. 2571; amended Pub. L. 110–53, title XVI, §1616(b), Aug. 3, 2007, 121 Stat. 488; Pub. L. 115–254, div. K, title I, §1991(d)(20), Oct. 5, 2018, 132 Stat. 3637.)

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(20)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(20)(A), substituted "Administrator of the Transportation Security Administration," for "Under Secretary for Border and Transportation Security of the Department of Homeland Security," and "Administrator of the Federal Aviation Administration under" for "Administrator under".

Subsec. (b). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

Subsec. (c). Pub. L. 115–254, §1991(d)(20)(B), which directed substitution of "Administrator of the Federal Aviation Administration" for "Administrator", was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.

Subsecs. (d), (e). Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

Subsec. (f). Pub. L. 115–254, §1991(d)(20)(C), substituted "The" for "Not later than 240 days after the date of enactment of this section, the".

Pub. L. 115–254, §1991(d)(20)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

2007—Subsec. (a). Pub. L. 110–53, §1616(b)(1), substituted "6 months" for "18 months".

Subsec. (d). Pub. L. 110–53, §1616(b)(2), inserted "(other than a station that was previously certified, or is in the process of certification, by the Administration under this part)" after "foreign repair station".

Pub. L. 110–53, §1616(b)(1), which directed amendment of subsec. (b) by substituting "6 months" for "18 months", was executed by making the substitution in subsec. (d), to reflect the probable intent of Congress.

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.

Suspension of Certification of Foreign Repair Stations

Pub. L. 110–53, title XVI, §1616(a), Aug. 3, 2007, 121 Stat. 488, provided that: "If the regulations required by section 44924(f) of title 49, United States Code, are not issued within 1 year after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the station was previously certified, or is in the process of certification by the Administration under that part."

§44925. Deployment and use of detection equipment at airport screening checkpoints

(a) Weapons and Explosives.—The Secretary of Homeland Security shall give a high priority to developing, testing, improving, and deploying, at airport screening checkpoints, equipment that detects nonmetallic, chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their personal property. The Secretary shall ensure that the equipment alone, or as part of an integrated system, can detect under realistic operating conditions the types of weapons and explosives that terrorists would likely try to smuggle aboard an air carrier aircraft.

(b) Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints.—

(1) In general.—The Administrator of the Transportation Security Administration shall submit to the appropriate congressional committees a strategic plan to promote the optimal utilization and deployment of explosive detection equipment at airports to screen individuals and their personal property. Such equipment includes walk-through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The plan may be submitted in a classified format.

(2) Content.—The strategic plan shall include, at minimum—

(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;

(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints;

(C) a deployment schedule and a description of the quantities of equipment needed to implement the plan;

(D) a description of funding needs to implement the plan, including a financing plan that provides for leveraging of non-Federal funding;

(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and

(F) a description of any recommended legislative actions.

(c) Portal Detection Systems.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $250,000,000, in addition to any amounts otherwise authorized by law, for research, development, and installation of detection systems and other devices for the detection of biological, chemical, radiological, and explosive materials.

(d) Interim Action.—Until measures are implemented that enable the screening of all passengers for explosives, the Administrator of the Transportation Security Administration shall provide, by such means as the Administrator of the Transportation Security Administration considers appropriate, explosives detection screening for all passengers identified for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation.

(Added Pub. L. 108–458, title IV, §4013(a), Dec. 17, 2004, 118 Stat. 3719; amended Pub. L. 110–53, title XVI, §1607(b), Aug. 3, 2007, 121 Stat. 483; Pub. L. 115–254, div. K, title I, §1991(d)(21), Oct. 5, 2018, 132 Stat. 3637.)

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–254, §1991(d)(21)(A), substituted "The Administrator of the Transportation Security Administration" for "Not later than 90 days after the date of enactment of this section, the Assistant Secretary of Homeland Security (Transportation Security Administration)".

Subsec. (b)(3). Pub. L. 115–254, §1991(d)(21)(B), struck out par. (3). Text read as follows: "The Secretary shall begin implementation of the strategic plan within one year after the date of enactment of this paragraph."

Subsec. (d). Pub. L. 115–254, §1991(d)(21)(C), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" in two places.

2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).

Statutory Notes and Related Subsidiaries

Movement and Redeployment of Mobile Explosives Detection Systems

Pub. L. 114–113, div. F, title II, Dec. 18, 2015, 129 Stat. 2499, provided in part: "That notwithstanding any other provision of law, for the current fiscal year and each fiscal year hereafter, mobile explosives detection systems purchased and deployed using funds made available under this heading [Transportation Security Administration, Aviation Security] may be moved and redeployed to meet evolving passenger and baggage screening security priorities at airports".

Issuance of Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints

Pub. L. 110–53, title XVI, §1607(a), Aug. 3, 2007, 121 Stat. 483, provided that, not later than 30 days after Aug. 3, 2007, the Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, was to issue the strategic plan the Secretary was required by subsec. (b) of this section to have issued within 90 days after Dec. 17, 2004.

Advanced Airport Checkpoint Screening Devices

Pub. L. 108–458, title IV, §4014, Dec. 17, 2004, 118 Stat. 3720, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), not later than Mar. 31, 2005, to develop and initiate a pilot program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United States.

§44926. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight

(a) In General.—The Secretary of Homeland Security shall establish a timely and fair process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by the Transportation Security Administration, United States Customs and Border Protection, or any other office or component of the Department of Homeland Security.

(b) Office of Appeals and Redress.—

(1) Establishment.—The Secretary shall establish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process established by the Secretary pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United States Customs and Border Protection, and such other offices and components of the Department as the Secretary determines appropriate.

(2) Records.—The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and have corrected erroneous information.

(3) Information.—To prevent repeated delays of a misidentified passenger or other individual, the Office shall—

(A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a passenger or individual;

(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any other appropriate office or component of the Department, upon request, such information as may be necessary to allow such office or component to assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of false positives; and

(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established under subsection (a), to have been wrongly identified.

(4) Handling of personally identifiable information.—The Secretary, in conjunction with the Chief Privacy Officer of the Department shall—

(A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as "PII") complete mandatory privacy and security training prior to being authorized to handle PII;

(B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary;

(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve a redress request;

(D) require that the data generated under this subsection shall be shared or transferred via a secure data network, that has been audited to ensure that the anti-hacking and other security related software functions properly and is updated as necessary;

(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296);

(F) only retain the data for as long as needed to assist the individual traveler in the redress process; and

(G) conduct and publish a privacy impact assessment of the process described within this subsection and transmit the assessment to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs of the Senate.

(5) Initiation of redress process at airports.—The Office shall establish at each airport at which the Department has a significant presence a process to provide information to air carrier passengers to begin the redress process established pursuant to subsection (a).

(Added Pub. L. 110–53, title XVI, §1606(a), Aug. 3, 2007, 121 Stat. 482; amended Pub. L. 115–254, div. K, title I, §1991(d)(22), Oct. 5, 2018, 132 Stat. 3637.)

Editorial Notes

References in Text

The Federal Information Security Management Act of 2002, referred to in subsec. (b)(4)(E), is title X of Pub. L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6, Domestic Security, and Tables.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–254 substituted "a misidentified passenger" for "an misidentified passenger" in introductory provisions.

§44927. Expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans

(a) Passenger Screening.—The Administrator of the Transportation Security Administration, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organizations identified by the Secretaries of Defense and Veterans Affairs that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a process to support and facilitate the ease of travel and to the extent possible provide expedited passenger screening services for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening. The process shall be designed to offer the individual private screening to the maximum extent practicable.

(b) Operations Center.—As part of the process under subsection (a), the Administrator of the Transportation Security Administration shall maintain an operations center to provide support and facilitate the movement of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through passenger screening prior to boarding a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation.

(c) Protocols.—The Administrator of the Transportation Security Administration shall—

(1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organizations identified under subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other representative of such member or veteran, may contact the operations center maintained under subsection (b) and request the expedited passenger screening services described in subsection (a) for that member or veteran; and

(2) upon receipt of a request under paragraph (1), require the operations center to notify the appropriate Federal Security Director of the request for expedited passenger screening services, as described in subsection (a), for that member or veteran.

(d) Training.—The Administrator of the Transportation Security Administration shall integrate training on the protocols established under subsection (c) into the training provided to all employees who will regularly provide the passenger screening services described in subsection (a).

(e) Rule of Construction.—Nothing in this section shall affect the authority of the Administrator of the Transportation Security Administration to require additional screening of a severely injured or disabled member of the Armed Forces, a severely injured or disabled veteran, or their accompanying family members or nonmedical attendants, if intelligence, law enforcement, or other information indicates that additional screening is necessary.

(f) Reports.—Each year, the Administrator of the Transportation Security Administration shall submit to Congress a report on the implementation of this section. Each report shall include each of the following:

(1) Information on the training provided under subsection (d).

(2) Information on the consultations between the Administrator of the Transportation Security Administration and the organizations identified under subsection (a).

(3) The number of people who accessed the operations center during the period covered by the report.

(4) Such other information as the Administrator of the Transportation Security Administration determines is appropriate.

(Added Pub. L. 113–27, §2(a), Aug. 9, 2013, 127 Stat. 503; amended Pub. L. 115–254, div. K, title I, §1991(d)(23), Oct. 5, 2018, 132 Stat. 3637.)

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(23)(A), substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(23)(B), substituted "Veterans Affairs that" for "Veteran Affairs that".

Subsec. (f). Pub. L. 115–254, §1991(d)(23)(C), substituted "Reports" for "Report" in heading and "Each year," for "Not later than 1 year after the date of enactment of this section, and annually thereafter," in introductory provisions.

§44928. Honor Flight program

The Administrator of the Transportation Security Administration shall establish, in collaboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight Network private charter, or such other not-for-profit organization that honors veterans, to visit war memorials built and dedicated to honor the service of such veterans.

(Added Pub. L. 113–221, §2(a), Dec. 16, 2014, 128 Stat. 2094.)

§44929. Donation of screening equipment to protect the United States

(a) In General.—Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.

(b) Conditions.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall—

(1) ensure that the screening equipment has been restored to commercially available settings;

(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and

(3) verify that the appropriate officials have an adequate system—

(A) to properly maintain and operate the screening equipment; and

(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.

(c) Reports.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed written explanation of the following:

(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.

(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.

(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.

(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.

(5) The total dollar value of such donation.

(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.

(Added Pub. L. 115–254, div. K, title I, §1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.)

SUBCHAPTER II—ADMINISTRATION AND PERSONNEL

§44931. Authority to exempt

The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.

(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)

Editorial Notes

Prior Provisions

A prior section 44931, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security, prior to repeal by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.

§44932. Administrative

(a) General Authority.—The Secretary of Homeland Security or the Administrator of the Transportation Security Administration may take action the Secretary or the Administrator considers necessary to carry out this chapter and chapters 461, 463, and 465 of this title, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.

(b) Indemnification.—The Administrator of the Transportation Security Administration may indemnify an officer or employee of the Transportation Security Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.

(Added Pub. L. 115–254, div. K, title I, §1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)

Editorial Notes

Prior Provisions

A prior section 44932, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §110(a), Nov. 19, 2001, 115 Stat. 614, related to the Assistant Administrator for Civil Aviation Security, prior to repeal by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.

§44933. Federal Security Managers ¹

(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Federal Security Director at each airport in the United States described in section 44903(c). The Administrator of the Transportation Security Administration shall designate individuals as Federal Security Directors for, and station those Federal Security Directors at, those airports.

(b) Duties and Powers.—The Federal Security Director at each airport shall—

(1) oversee the screening of passengers and property at the airport; and

(2) carry out other duties prescribed by the Administrator of the Transportation Security Administration.

(c) Information Sharing.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall—

(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and

(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §§1989(a), 1991(d)(24), Oct. 5, 2018, 132 Stat. 3624, 3637.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44933(a)	49 App.:1358b(a)(1), (2), (4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(a); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3070.
44933(b)	49 App.:1358b(a)(3).
44933(c)	49 App.:1358b(a)(5).

In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "The Administrator shall designate individuals as Managers for, and station those Managers at, those airports" are substituted for "and shall begin designating persons as such Managers and stationing such Managers at such airports" for clarity and because of the restatement. The words "and designate a current field employee of the Administration as a Manager" are substituted for "assign the functions and responsibilities described in this section to existing Federal Aviation Administration field personnel and designate such personnel accordingly" to eliminate unnecessary words. The words "to the office of" are omitted as unnecessary. The words "Not later than 1 year after November 16, 1990" are omitted as obsolete. The words "Secretary of Transportation" are substituted for "Department of Transportation" because of 49:102.

In subsection (b), before clause (1), the words "The Manager at each airport shall" are substituted for "The responsibilities of a Federal Security Manager shall include the following" to eliminate unnecessary words. In clause (2)(A), the words "air carrier" are substituted for "such air carrier" because this is the first time the term is used in the source provisions. In clause (3), the words "United States Government" are substituted for "Federal" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words "other Managers" are substituted for "Federal Security Managers at other airports, as appropriate" to eliminate unnecessary words.

In subsection (c), the words "duties and powers" are substituted for "responsibilities" for clarity and consistency in the revised title and with other titles of the Code.

Editorial Notes

References in Text

The date of the enactment of the TSA Modernization Act, referred to in subsec. (c), is the date of the enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration shall designate" for "Under Secretary shall designate".

Pub. L. 115–254, §1991(d)(24)(A), substituted "Administrator of the Transportation Security Administration shall establish" for "Under Secretary of Transportation for Security shall establish", "Federal Security Director" for "Federal Security Manager", and, in two places, "Federal Security Directors" for "Managers".

Subsec. (b). Pub. L. 115–254, §1991(d)(24)(B), substituted "Federal Security Director" for "Manager" in introductory provisions.

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (c). Pub. L. 115–254, §1989(a), added subsec. (c).

2001—Pub. L. 107–71, §103, amended section generally, substituting provisions relating to designation, establishment, and stationing procedures and duties and powers for provisions which contained a more detailed listing of responsibilities and a prohibition against a Civil Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.

Subsec. (a). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security".

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

§44934. Foreign Security Liaison Officers

(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Foreign Security Liaison Officer for each airport outside the United States at which the Administrator decides an Officer is necessary for air transportation security. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports. In coordination with the Secretary of State, the Administrator shall designate an Officer for each of those airports where extraordinary security measures are in place. The Secretary of State shall give high priority to stationing those Officers.

(b) Duties and Powers.—An Officer reports directly to the Administrator of the Transportation Security Administration. The Officer at each airport shall—

(1) serve as the liaison of the Administrator to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out United States Government security requirements at that airport; and

(2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title.

(c) Coordination of Activities.—The activities of each Officer shall be coordinated with the chief of the diplomatic mission of the United States to which the Officer is assigned. Activities of an Officer under this section shall be consistent with the duties and powers of the Secretary of State and the chief of mission to a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 107–71, title I, §101(f)(4), (5), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(25), Oct. 5, 2018, 132 Stat. 3638.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44934(a)	49 App.:1358b(b)(1), (2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(b); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3071.
44934(b)	49 App.:1358b(b)(3), (4).
44934(c)	49 App.:1358b(b)(5).

In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "shall designate" are substituted for "shall begin assigning" for consistency with the source provisions restated in section 44933 of the revised title and because of the restatement. The words "Not later than 2 years after November 16, 1990" are omitted as obsolete. The word "designate" is substituted for "assign" for consistency with the source provisions restated in section 44933 of the revised title. The words "outside the United States" are omitted as unnecessary.

In subsection (b), before clause (1), the words "to the office of" are omitted as unnecessary. In clause (1), the words "governments of foreign countries and foreign airport authorities" are substituted for "foreign governments and airport authorities" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (2), the words "duties and powers" are substituted for "responsibilities" for consistency in the revised title and with other titles of the Code.

In subsection (c), the words "duties and powers" are substituted for "authorities" for clarity and consistency in the revised title and with other titles of the Code.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(25)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security", "airports. In coordination with the Secretary of State" for "airports. In coordination with the Secretary", "The Secretary of State shall give high priority" for "The Secretary shall give high priority", and, wherever appearing, "Administrator" for "Under Secretary".

Subsec. (b). Pub. L. 115–254, §1991(d)(25)(B)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in introductory provisions.

Subsec. (b)(1). Pub. L. 115–254, §1991(d)(25)(B)(ii), substituted "Administrator" for "Under Secretary".

Subsec. (c). Pub. L. 115–254, §1991(d)(25)(C), substituted "the Secretary of State and the chief" for "the Secretary and the chief".

2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".

Subsec. (b). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security" in introductory provisions.

Subsec. (b)(1). Pub. L. 107–71, §101(f)(5), substituted "Under Secretary" for "Assistant Administrator".

§44935. Employment standards and training

(a) Employment Standards.—The Administrator shall prescribe standards for the employment and continued employment of, and contracting for, air carrier personnel and, as appropriate, airport security personnel. The standards shall include—

(1) minimum training requirements for new employees;

(2) retraining requirements;

(3) minimum staffing levels;

(4) minimum language skills; and

(5) minimum education levels for employees, when appropriate.

(b) Review and Recommendations.—In coordination with air carriers, airport operators, and other interested persons, the Administrator shall review issues related to human performance in the aviation security system to maximize that performance. When the review is completed, the Administrator shall recommend guidelines and prescribe appropriate changes in existing procedures to improve that performance.

(c) Security Program Training, Standards, and Qualifications.—(1) The Administrator—

(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and

(B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training.

(2) The Administrator may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel reimbursed under this paragraph shall be on air carriers.

(d) Education and Training Standards for Security Coordinators, Supervisory Personnel, and Pilots.—(1) The Administrator shall prescribe standards for educating and training—

(A) ground security coordinators;

(B) security supervisory personnel; and

(C) airline pilots as in-flight security coordinators.

(2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel.

(e) Security Screeners.—

(1) Training program.—The Administrator shall establish a program for the hiring and training of security screening personnel.

(2) Hiring.—

(A) Qualifications.—The Administrator shall establish qualification standards for individuals to be hired by the United States as security screening personnel. Notwithstanding any other provision of law, those standards shall require, at a minimum, an individual—

(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;

(ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

(iii) to meet, at a minimum, the requirements set forth in subsection (f);

(iv) to meet such other qualifications as the Administrator may establish; and

(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.

(B) Background checks.—The Administrator shall require that an individual to be hired as a security screener undergo an employment investigation (including a criminal history record check) under section 44936(a)(1).

(C) Disqualification of individuals who present national security risks.—The Administrator, in consultation with the heads of other appropriate Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that no individual who presents a threat to national security is employed as a security screener.

(3) Examination; review of existing rules.—The Administrator shall develop a security screening personnel examination for use in determining the qualification of individuals seeking employment as security screening personnel. The Administrator shall also review, and revise as necessary, any standard, rule, or regulation governing the employment of individuals as security screening personnel.

(f) Employment Standards for Screening Personnel.—

(1) Screener requirements.—Notwithstanding any other provision of law, an individual may not be deployed as a security screener unless that individual meets the following requirements:

(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the Administrator has determined to be sufficient for the individual to perform the duties of the position.

(B) The individual shall possess basic aptitudes and physical abilities, including color perception, visual and aural acuity, physical coordination, and motor skills, to the following standards:

(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the Administrator.

(ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies.

(iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment.

(iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.

(v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct those procedures over an individual's entire body.

(C) The individual shall be able to read, speak, and write English well enough to—

(i) carry out written and oral instructions regarding the proper performance of screening duties;

(ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process;

(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and

(iv) write incident reports and statements and log entries into security records in the English language.

(D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as provided in paragraph (3).

(2) Veterans preference.—The Administrator shall provide a preference for the hiring of an individual as a security screener if the individual is a member or former member of the armed forces and if the individual is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the armed forces.

(3) Exceptions.—An individual who has not completed the training required by this section may be deployed during the on-the-job portion of training to perform functions if that individual—

(A) is closely supervised; and

(B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection.

(4) Remedial training.—No individual employed as a security screener may perform a screening function after that individual has failed an operational test related to that function until that individual has successfully completed the remedial training specified in the security program.

(5) Annual proficiency review.—The Administrator shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not continue to be employed in that capacity unless the evaluation demonstrates that the individual—

(A) continues to meet all qualifications and standards required to perform a screening function;

(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and

(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.

(6) Operational testing.—In addition to the annual proficiency review conducted under paragraph (5), the Administrator shall provide for the operational testing of such personnel.

(g) Training.—

(1) Use of other agencies.—The Administrator may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security screening personnel.

(2) Training plan.—The Administrator shall develop a plan for the training of security screening personnel. The plan shall require, at a minimum, that a security screener—

(A) has completed 40 hours of classroom instruction or successfully completed a program that the Administrator determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction;

(B) has completed 60 hours of on-the-job instructions; and

(C) has successfully completed an on-the-job training examination prescribed by the Administrator.

(3) Equipment-specific training.—An individual employed as a security screener may not use any security screening device or equipment in the scope of that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment.

(h) Technological Training.—

(1) In general.—The Administrator shall require training to ensure that screeners are proficient in using the most up-to-date new technology and to ensure their proficiency in recognizing new threats and weapons.

(2) Periodic assessments.—The Administrator shall make periodic assessments to determine if there are dual use items and inform security screening personnel of the existence of such items.

(3) Current lists of dual use items.—Current lists of dual use items shall be part of the ongoing training for screeners.

(4) Dual use defined.—For purposes of this subsection, the term "dual use" item means an item that may seem harmless but that may be used as a weapon.

(i) Limitation on Right To Strike.—An individual that screens passengers or property, or both, at an airport under this section may not participate in a strike, or assert the right to strike, against the person (including a governmental entity) employing such individual to perform such screening.

(j) Uniforms.—The Administrator shall require any individual who screens passengers and property pursuant to section 44901 to be attired while on duty in a uniform approved by the Administrator.

(k) Accessibility of Computer-based Training Facilities.—The Administrator shall work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation are conveniently located for that airport and easily accessible.

(l) ¹ Initial and Recurring Training.—

(1) In general.—The Administrator shall establish a training program for new security screening personnel located at the Transportation Security Administration Academy.

(2) Recurring training.—

(A) In general.—Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish recurring training for security screening personnel regarding updates to screening procedures and technologies, including, in response to weaknesses identified in covert tests at airports—

(i) methods to identify the verification of false or fraudulent travel documents; and

(ii) training on emerging threats.

(B) Contents.—The training under subparagraph (A) shall include—

(i) internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and

(ii) such other matters as identified by the Administrator with regard to such training.

(l) ¹ Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 106–528, §3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(a), Nov. 19, 2001, 115 Stat. 603, 616; Pub. L. 107–296, title XVI, §1603, Nov. 25, 2002, 116 Stat. 2313; Pub. L. 115–254, div. K, title I, §§1948(a), 1991(d)(26), Oct. 5, 2018, 132 Stat. 3587, 3638.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44935(a)	49 App.:1357(h).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(h)–(j); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3073.
44935(b)	49 App.:1357(i).
44935(c)	49 App.:1357(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 416; Oct. 31, 1992, Pub. L. 102–581, §202, 106 Stat. 4890.
44935(d)	49 App.:1357(j).

In subsection (a), before clause (1), the words "Not later than 270 days after November 16, 1990" are omitted as obsolete. The words "contracting for" are substituted for "contracting of" for clarity and consistency in the revised title.

In subsection (c)(1)(A), the words "individuals employed" are substituted for "personnel employed by him . . . and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized" for clarity and consistency in the revised title and with other titles of the United States Code.

In subsection (c)(1)(B), the words "individuals eligible" are substituted for "personnel whose services are utilized to enforce any such transportation security program, including State, local, and private law enforcement personnel . . . for personnel eligible" for clarity and consistency in the revised title and with other titles of the Code.

In subsection (c)(2), the words "under this section" are omitted as unnecessary. The words "United States" before "air carriers" are omitted because of the definition of "air carrier" in section 40102(a) of the revised title.

In subsection (d)(1), before clause (A), the words "Not later than 180 days after November 16, 1990" are omitted as obsolete.

Editorial Notes

References in Text

The date of enactment of the TSA Modernization Act, referred to in subsec. (l)(2)(A), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Pub. L. 115–254, §1991(d)(26)(E), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(26)(A), substituted "Administrator" for "Under Secretary of Transportation for Security" in introductory provisions.

Subsec. (e)(1). Pub. L. 115–254, §1991(d)(26)(B)(i), substituted "Administrator" for "Under Secretary of Transportation for Security".

Subsec. (e)(2)(A). Pub. L. 115–254, §1991(d)(26)(B)(ii)(I), in introductory provisions, substituted "The" for "Within 30 days after the date of enactment of the Aviation and Transportation Security Act, the" and inserted "other" before "provision of law".

Subsec. (e)(2)(A)(ii). Pub. L. 115–254, §1991(d)(26)(B)(ii)(II), which directed substitution of "section 101(a)(22)" for "section 1102(a)(22)", was executed by making the substitution for "section 1101(a)(22)", to reflect the probable intent of Congress.

Subsec. (f)(1). Pub. L. 115–254, §1991(d)(26)(C), inserted "other" before "provision of law" in introductory provisions.

Subsec. (g)(2). Pub. L. 115–254, §1991(d)(26)(D), substituted "The" for "Within 60 days after the date of enactment of the Aviation and Transportation Security Act, the" in introductory provisions.

Subsec. (k). Pub. L. 115–254, §1948(a)(1), which directed the redesignation of subsec. (i) relating to accessibility of computer-based training facilities as (k) by substituting "(k) Accessibility of Computer-based Training Facilities.—" for "(i) Accessibility of Computer-based Training Facilities.—", was executed by making the substitution for "(i) Accessibility of Computer-Based Training Facilities.—" to reflect the probable intent of Congress.

Subsec. (l). Pub. L. 115–254, §1991(d)(26)(F), added subsec. (l) defining "Administrator".

Pub. L. 115–254, §1948(a)(2), added subsec. (l) relating to initial and recurring training.

2002—Subsec. (e)(2)(A)(ii). Pub. L. 107–296 substituted "citizen of the United States or a national of the United States, as defined in section 1101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))" for "citizen of the United States".

2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration" in introductory provisions.

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions of par. (1) and in par. (2).

Subsec. (d)(1). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.

Subsec. (e). Pub. L. 107–71, §111(a)(2), added subsec. (e) and struck out former subsec. (e) which established training standards for screeners.

Subsec. (f). Pub. L. 107–71, §111(a)(2), added subsec. (f). Former subsec. (f) redesignated (i).

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsecs. (g), (h). Pub. L. 107–71, §111(a)(2), added subsecs. (g) and (h).

Subsec. (i). Pub. L. 107–71, §111(a)(2), added subsec. (i) relating to limitation on right to strike.

Pub. L. 107–71, §111(a)(1), redesignated subsec. (f) as (i) relating to accessibility of computer-based training facilities.

Subsec. (j). Pub. L. 107–71, §111(a)(2), added subsec. (j).

2000—Subsecs. (e), (f). Pub. L. 106–528 added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

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.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.

Transition

Pub. L. 107–71, title I, §111(c), Nov. 19, 2001, 115 Stat. 620, provided that: "The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may make or continue such arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended."

Improvement of Screener Job Performance

Pub. L. 108–458, title IV, §4015, Dec. 17, 2004, 118 Stat. 3720, provided that:

"(a) Required Action.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to improve the job performance of airport screening personnel.

"(b) Human Factors Study.—In carrying out this section, the Assistant Secretary shall provide, not later than 180 days after the date of the enactment of this Act [Dec. 17, 2004], to the appropriate congressional committees a report on the results of any human factors study conducted by the Department of Homeland Security to better understand problems in screener performance and to improve screener performance."

[For definitions of "airport" and "appropriate congressional committees" used in section 4015 of Pub. L. 108–458, set out above, see section 4081 of Pub. L. 108–458, set out as a note under section 44901 of this title.]

Screener Personnel

Pub. L. 107–71, title I, §111(d), Nov. 19, 2001, 115 Stat. 620, as amended by Pub. L. 112–171, §1(a), Aug. 16, 2012, 126 Stat. 1306; Pub. L. 116–92, div. F, title LXXVI, §7606, Dec. 20, 2019, 133 Stat. 2309, provided that:

"(1) General authority.—Except as provided in paragraph (2), and notwithstanding any other provision of law, the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code. The Under Secretary shall establish levels of compensation and other benefits for individuals so employed.

"(2) Exceptions.—

"(A) Reemployment.—In carrying out the functions authorized under paragraph (1), the Under Secretary shall be subject to the provisions set forth in chapter 43 of title 38, United States Code.

"(B) Leave.—The provisions of subchapter V of chapter 63 of title 5, United States Code, shall apply to any individual appointed under paragraph (1) as if such individual were an employee (within the meaning of subparagraph (A) of section 6381(1) of such title)."

[Pub. L. 112–171, §1(b), Aug. 16, 2012, 126 Stat. 1306, provided that: "The amendments made by subsection (a) [amending section 111(d) of Pub. L. 107–71, set out above] shall take effect on the date that is 270 days after the date of the enactment of this Act [Aug. 16, 2012]."]

Certification of Screening Companies

Pub. L. 104–264, title III, §302, Oct. 9, 1996, 110 Stat. 3250, which provided that the Administrator of the Federal Aviation Administration was to certify companies providing security screening and to improve the training and testing of security screeners through development of uniform performance standards for providing security screening services, was repealed by Pub. L. 118–63, title II, §218(g), May 16, 2024, 138 Stat. 1056.

Studies of Minimum Standards for Pilot Qualifications and of Pay for Training

Pub. L. 104–264, title V, §503, Oct. 9, 1996, 110 Stat. 3263, provided that the Administrator of the Federal Aviation Administration would appoint a task force consisting of appropriate representatives of the aviation industry to study the development of standards and criteria for preemployment screening tests measuring the psychomotor coordination, general intellectual capacity, instrument and mechanical comprehension, and physical and mental fitness of applicants for employment as a pilot by an air carrier, the standards and criteria for pilot training facilities to be licensed by the Administrator, and to determine if the practice of some air carriers to require employees or prospective employees to pay for necessary training or experience was in the public interest; and provided that, not later than 1 year after Oct. 9, 1996, the Administrator would send Congress a report on the results of the studies.

Study of Minimum Flight Time

Pub. L. 104–264, title V, §504, Oct. 9, 1996, 110 Stat. 3263, required the Administrator of the Federal Aviation Administration to conduct a study to determine the sufficiency of existing minimum flight time requirements for individuals seeking employment as pilots with air carriers and to report to Congress on the study results not later than 1 year after Oct. 9, 1996.

¹ So in original. Two subsecs. (l) have been enacted.

§44936. Employment investigations and restrictions

(a) Employment Investigation Requirement.—(1)(A) The Administrator shall require by regulation that an employment investigation, including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator, shall be conducted of each individual employed in, or applying for, a position as a security screener under section 44935(e) or a position in which the individual has unescorted access, or may permit other individuals to have unescorted access, to—

(i) aircraft of an air carrier or foreign air carrier; or

(ii) a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier.

(B) The Administrator shall require by regulation that an employment investigation (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Administrator) be conducted for—

(i) individuals who are responsible for screening passengers or property under section 44901 of this title;

(ii) supervisors of the individuals described in clause (i);

(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and

(iv) such other individuals who exercise security functions associated with baggage or cargo, as the Administrator determines is necessary to ensure air transportation security.

(C) Exemption.—An employment investigation, including a criminal history record check, shall not be required under this subsection for an individual who is exempted under section 107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in effect on November 22, 2000. The Administrator shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security.

(2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Administrator requires is conducted.

(3) The Administrator shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection.

(b) Prohibited Employment.—(1) Except as provided in paragraph (3) of this subsection, an air carrier, foreign air carrier, airport operator, or government may not employ, or authorize or make a contract for the services of, an individual in a position described in subsection (a)(1) of this section if—

(A) the investigation of the individual required under this section has not been conducted; or

(B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not guilty by reason of insanity) of—

(i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18;

(ii) murder;

(iii) assault with intent to murder;

(iv) espionage;

(v) sedition;

(vi) treason;

(vii) rape;

(viii) kidnapping;

(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;

(x) extortion;

(xi) armed or felony unarmed robbery;

(xii) distribution of, or intent to distribute, a controlled substance;

(xiii) a felony involving a threat;

(xiv) a felony involving—

(I) willful destruction of property;

(II) importation or manufacture of a controlled substance;

(III) burglary;

(IV) theft;

(V) dishonesty, fraud, or misrepresentation;

(VI) possession or distribution of stolen property;

(VII) aggravated assault;

(VIII) bribery; and

(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Administrator determines indicates a propensity for placing contraband aboard an aircraft in return for money; or

(xv) conspiracy to commit any of the acts referred to in clauses (i) through (xiv).

(2) The Administrator may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section.

(3) An air carrier, foreign air carrier, airport operator, or government may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Administrator approves a plan to employ the individual that provides alternate security arrangements.

(c) Fingerprinting and Record Check Information.—(1) If the Administrator requires an identification and criminal history record check, to be conducted by the Attorney General, as part of an investigation under this section, the Administrator shall designate an individual to obtain fingerprints and submit those fingerprints to the Attorney General. The Attorney General may make the results of a check available to an individual the Administrator designates. Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General. All Federal agencies shall cooperate with the Administrator and the Administrator's designee in the process of collecting and submitting fingerprints.

(2) The Administrator shall prescribe regulations on—

(A) procedures for taking fingerprints; and

(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—

(i) to limit the dissemination of the information; and

(ii) to ensure that the information is used only to carry out this section.

(3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—

(A) shall receive a copy of any record received from the Attorney General; and

(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.

(d) Fees and Charges.—The Administrator and the Attorney General shall establish reasonable fees and charges to pay expenses incurred in carrying out this section. The employer of the individual being investigated shall pay the costs of a record check of the individual. Money collected under this section shall be credited to the account in the Treasury from which the expenses were incurred and are available to the Administrator and the Attorney General for those expenses.

(e) When Investigation or Record Check Not Required.—This section does not require an investigation or record check when the investigation or record check is prohibited by a law of a foreign country.

(f) Definition of Administrator.—In this section, the term "Administrator" means the Administrator of the Transportation Security Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1218; Pub. L. 104–264, title III, §§304(a), 306, title V, §502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508, Apr. 5, 2000, 114 Stat. 140; Pub. L. 106–528, §2(c), (d), Nov. 22, 2000, 114 Stat. 2517, 2518; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov. 19, 2001, 115 Stat. 603, 620, 639-641; Pub. L. 115–254, div. K, title I, §1991(d)(27), Oct. 5, 2018, 132 Stat. 3638.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44936(a)	49 App.:1357(g)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(g); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3071.
	49 App.:1357 (note).	Oct. 28, 1991, Pub. L. 102–143, §346, 105 Stat. 949.
44936(b)	49 App.:1357(g)(3).
44936(c)	49 App.:1357(g)(2) (less (A) (2d sentence)).
44936(d)	49 App.:1357(g)(2)(A) (2d sentence), (5).
44936(e)	49 App.:1357(g)(4).

In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 949) is omitted as executed.

In subsection (a)(2), the words "shall ensure" are substituted for "shall take such actions as may be necessary to ensure" to eliminate unnecessary words. The word "conducted" is substituted for "performed" for consistency in the revised title.

In subsection (b)(2), the words "The Administrator may specify" are substituted for "The Administrator may specify . . . the Administrator determines" to eliminate unnecessary words. The words "prohibit the employment of an individual" are substituted for "make an individual ineligible for employment" for clarity.

In subsection (b)(3), the words "may employ" are substituted for "It shall not be a violation of subparagraph (A) for . . . to employ" to eliminate unnecessary words.

In subsection (c)(1), the words "Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General" are substituted for "after consultation with the Attorney General" for clarity.

In subsection (c)(2), before clause (A), the words "For purposes of administering this subsection" are omitted as unnecessary. In clause (A), the word "implement" is omitted as unnecessary because of the restatement. In clause (B), before subclause (ii), the word "establish" is omitted as unnecessary because of the restatement. In subclause (ii), the words "to carry out this section" are substituted for "for the purposes of this section" for clarity.

In subsection (e), the words "a law of a foreign country" are substituted for "applicable laws of a foreign government" for clarity and consistency in the revised title and with other titles of the United States Code.

Pub. L. 105–102

This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908).

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(27)(C), substituted "Administrator" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(27)(A)(i), which directed substitution of "Administrator" for "Under Secretary of Transportation for Security" wherever appearing, was executed by making the substitution for "Under Secretary of Transportation for Security" before "shall require" and for "Under Secretary of Transportation for Transportation Security" after "determined practicable by the" in two places, to reflect the probable intent of Congress.

Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(27)(A)(ii)(I), substituted ", shall be conducted" for ",, shall be conducted" in introductory provisions.

Subsec. (a)(1)(C), (D). Pub. L. 115–254, §1991(d)(27)(A)(ii)(II), (iii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which related to background checks of current employees.

Subsec. (c)(1). Pub. L. 115–254, §1991(d)(27)(B), substituted "Administrator's" for "Under Secretary's".

Subsec. (f). Pub. L. 115–254, §1991(d)(27)(D), added subsec. (f).

2001—Subsec. (a)(1)(A). Pub. L. 107–71, §138(a)(1), inserted "and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security," after "record check" in introductory provisions.

Pub. L. 107–71, §111(b)(1), inserted "as a security screener under section 44935(e) or a position" after "a position" in introductory provisions.

Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" and "of Transportation for Security" for "of the Federal Aviation Administration".

Subsec. (a)(1)(A)(ii). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (a)(1)(B). Pub. L. 107–71, §138(a)(2), in introductory provisions, substituted "and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security" for "in any case described in subparagraph (C)".

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.

Subsec. (a)(1)(B)(i). Pub. L. 107–71, §138(a)(3), substituted "are" for "will be".

Subsec. (a)(1)(B)(ii). Pub. L. 107–71, §138(a)(4), struck out "and" after semicolon.

Subsec. (a)(1)(B)(iii). Pub. L. 107–71, §138(a)(6), added cl. (iii). Former cl. (iii) redesignated (iv).

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (a)(1)(B)(iv). Pub. L. 107–71, §138(a)(5), redesignated cl. (iii) as (iv).

Subsec. (a)(1)(C). Pub. L. 107–71, §138(a)(7), (8), added subpar. (C) and struck out former subpar (C) which related to criminal history record checks.

Subsec. (a)(1)(D). Pub. L. 107–71, §138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted "107.31(m)(1) or (2)" for "107.31(m)" and "November 22, 2000. The Under Secretary shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security" for "the date of enactment of this subparagraph" and struck out former subpar. (D) which allowed a supervised employee to remain in position until completion of record check.

Subsec. (a)(1)(E). Pub. L. 107–71, §138(a)(7), struck out subpar. (E) which related to criminal history record checks for screeners and others.

Subsec. (a)(1)(E)(iv). Pub. L. 107–71, §111(b)(2), struck out cl. (iv) which related to effective dates for subpar. (E).

Subsec. (a)(1)(F). Pub. L. 107–71, §138(a)(7), redesignated subpar. (F) as (D).

Subsec. (a)(2). Pub. L. 107–71, §§107(f)(7), 138(a)(11), substituted "carrier, airport operator, or government" for "carrier, or airport operator" and "Under Secretary" for "Administrator".

Subsec. (a)(3). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (b)(1). Pub. L. 107–71, §138(a)(12), substituted "carrier, airport operator, or government" for "carrier, or airport operator" in introductory provisions.

Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (b)(3). Pub. L. 107–71, §§101(f)(7), 138(a)(13), substituted "carrier, airport operator, or government" for "carrier, or airport operator" and "Under Secretary" for "Administrator".

Subsec. (c)(1). Pub. L. 107–71, §138(a)(14), inserted at end "All Federal agencies shall cooperate with the Under Secretary and the Under Secretary's designee in the process of collecting and submitting fingerprints."

Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" wherever appearing.

Subsec. (c)(2). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions.

Subsec. (d). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Subsecs. (f) to (h). Pub. L. 107–71, §§138(b)(1), 140(a)(1), amended section identically, redesignating subsecs. (f) to (h) as (h) to (j), respectively, of section 44703 of this title.

2000—Subsec. (a)(1)(A). Pub. L. 106–528, §2(c)(1), in introductory provisions, struck out ", as the Administrator decides is necessary to ensure air transportation security," after "shall be conducted".

Subsec. (a)(1)(C)(v). Pub. L. 106–181, §508(a), added cl. (v).

Subsec. (a)(1)(D). Pub. L. 106–528, §2(c)(2), substituted "in the position for which the individual applied" for "as a screener".

Subsec. (a)(1)(E), (F). Pub. L. 106–528, §2(c)(3), added subpars. (E) and (F).

Subsec. (b)(1)(B). Pub. L. 106–528, §2(d)(1), inserted "(or found not guilty by reason of insanity)" after "convicted" in introductory provisions.

Subsec. (b)(1)(B)(xi). Pub. L. 106–528, §2(d)(2), inserted "or felony unarmed" after "armed".

Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528, §2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated former cl. (xiii) as (xv), and in cl. (xv) substituted "clauses (i) through (xiv)" for "clauses (i)–(xii) of this paragraph".

Subsec. (f)(1)(B). Pub. L. 106–181, §508(b)(1), inserted "(except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces)" after "other person" in introductory provisions.

Subsec. (f)(1)(B)(ii). Pub. L. 106–181, §508(b)(2), substituted "individual's performance as a pilot" for "individual" in introductory provisions.

Subsec. (f)(5). Pub. L. 106–181, §508(b)(3), inserted before period at end of first sentence "; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A)".

Subsec. (f)(13). Pub. L. 106–181, §508(b)(4)(A), substituted "shall" for "may" in introductory provisions.

Subsec. (f)(13)(A)(i). Pub. L. 106–181, §508(b)(4)(B), inserted "and disseminated under paragraph (15)" after "requested under paragraph (1)".

Subsec. (f)(14)(B). Pub. L. 106–181, §508(b)(5), inserted "or from a foreign government or entity that employed the individual" after "exists".

Subsec. (f)(15). Pub. L. 106–181, §508(b)(6), added par. (15).

1997—Subsec. (f)(1). Pub. L. 105–142, §1(1), substituted "Subject to paragraph (14), before allowing an individual to begin service" for "Before hiring an individual" in introductory provisions.

Subsec. (f)(1)(B). Pub. L. 105–142, §1(2), inserted "as a pilot of a civil or public aircraft" before "at any time" in introductory provisions.

Subsec. (f)(1)(C). Pub. L. 105–102 substituted "section 30305(b)(8) of this title" for "section 30305(b)(7)".

Subsec. (f)(4). Pub. L. 105–142, §1(3), inserted "and air carriers" after "Administrator" and substituted "paragraphs (1)(A) and (1)(B)" for "paragraph (1)(A)".

Subsec. (f)(5). Pub. L. 105–142, §1(4), substituted "this subsection" for "this paragraph".

Subsec. (f)(10). Pub. L. 105–142, §1(5), inserted "who is or has been" before "employed" and ", but not later than 30 days after the date" after "reasonable time".

Subsec. (f)(14). Pub. L. 105–142, §1(6), added par. (14).

1996—Subsec. (a)(1). Pub. L. 104–264, §304(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A), respectively, and added subpars. (B) to (D).

Subsec. (a)(3). Pub. L. 104–264, §306, added par. (3).

Subsecs. (f) to (h). Pub. L. 104–264, §502(a), added subsecs. (f) to (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendments

Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.

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

Pub. L. 104–264, title III, §304(b), Oct. 9, 1996, 110 Stat. 3252, provided that: "The amendment made by subsection (a)(3) [amending this section] shall apply to individuals hired to perform functions described in section 44936(a)(1)(B) of title 49, United States Code, after the date of the enactment of this Act [Oct. 9, 1996]; except that the Administrator of the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such employment investigations or criminal history records checks for individuals performing those functions on the date of the enactment of this Act."

Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.

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.

Criminal History Record Checks

Pub. L. 106–528, §2(a), (b), Nov. 22, 2000, 114 Stat. 2517, provided that:

"(a) Expansion of FAA Electronic Pilot Program.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act [Nov. 22, 2000], the Administrator of the Federal Aviation Administration shall develop, in consultation with the Office of Personnel Management and the Federal Bureau of Investigation, the pilot program for individual criminal history record checks (known as the electronic fingerprint transmission pilot project) into an aviation industry-wide program.

"(2) Limitation.—The Administrator shall not require any airport, air carrier, or screening company to participate in the program described in subsection (a) if the airport, air carrier, or screening company determines that it would not be cost effective for it to participate in the program and notifies the Administrator of that determination.

"(b) Application of Expanded Program.—

"(1) Interim report.—Not later than 1 year after the date of enactment of this Act [Nov. 22, 2000], 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 describing the status of the Administrator's efforts to utilize the program described in subsection (a).

"(2) Notification concerning sufficiency of operation.—If the Administrator determines that the program described in subsection (a) is not sufficiently operational 2 years after the date of enactment of this Act to permit its utilization in accordance with subsection (a), the Administrator shall notify the committees referred to in paragraph (1) of that determination."

§44937. Prohibition on transferring duties and powers

Except as specifically provided by law, the Administrator of the Transportation Security Administration may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1219; Pub. L. 103–429, §6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(28), Oct. 5, 2018, 132 Stat. 3639.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44937	49 App.:1357(e)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(e)(1); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417.

The word "otherwise" is omitted as surplus. The word "assigned" is omitted as being included in "transfer". The word "function" is omitted as being included in "duty or power". The words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department or agency" for clarity and consistency in the revised title and with other titles of the United States Code.

Pub. L. 103–429

This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1219).

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

2001—Pub. L. 107–71 substituted "Under Secretary of Transportation for Security" for "Administrator of the Federal Aviation Administration".

1994—Pub. L. 103–429 substituted "44906" for "44906(a)(1) or (b)".

Statutory Notes and Related Subsidiaries

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.

§44938. Reports

(a) Transportation Security.—Not later than March 31 of each year, the Secretary of Homeland Security shall submit to Congress a report on transportation security with recommendations the Secretary considers appropriate. The report shall be prepared in conjunction with the biennial report the Administrator of the Transportation Security Administration submits under subsection (b) of this section in each year the Administrator of the Transportation Security Administration submits the biennial report, but may not duplicate the information submitted under subsection (b) or section 44907(a)(3) of this title. The Secretary may submit the report in classified and unclassified parts. The report shall include—

(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;

(2) an evaluation of deployment of explosive detection devices;

(3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title;

(4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;

(5) an evaluation of cooperation with foreign transportation and security authorities;

(6) the status of the extent to which the recommendations of the President's Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations;

(7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;

(8) financial and staffing requirements of the Director;

(9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Administrator of the Transportation Security Administration related to security; and

(10) appropriate legislative and regulatory recommendations.

(b) Screening and Foreign Air Carrier and Airport Security.—The Administrator of the Transportation Security Administration shall submit biennially to Congress a report—

(1) on the effectiveness of procedures under section 44901 of this title;

(2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and

(3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States—

(A) at which the Administrator of the Transportation Security Administration decides that Foreign Security Liaison Officers are necessary for air transportation security; and

(B) for which extraordinary security measures are in place.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1220; Pub. L. 103–305, title V, §502, Aug. 23, 1994, 108 Stat. 1595; Pub. L. 105–362, title XV, §1502(b), Nov. 10, 1998, 112 Stat. 3295; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(29), Oct. 5, 2018, 132 Stat. 3639.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
44938(a)	49 App.:1356(b).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(b); added Nov. 16, 1990, Pub. L. 101–604, §102(a), 104 Stat. 3068.
44938(b)(1), (2)	49 App.:1356(a) (3d sentence 1st–18th words, last sentence).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (3d sentence 1st–18th words, last sentence); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §551(b)(1), 99 Stat. 225; Nov. 16, 1990, Pub. L. 101–604, §102(b), 104 Stat. 3069.
44938(b)(3)	49 App.:1357(k)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(4); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074.
44938(c)	49 App.:1357 (note).	Nov. 16, 1990, Pub. L. 101–604, §106(d), 104 Stat. 3075.

In subsection (a), before clause (1), the words "each year" are substituted for "of calendar year 1991 and of each calendar year thereafter" to eliminate unnecessary words. In clauses (8) and (9), the word "financial" is substituted for "funding" for clarity and consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the word "screening" is omitted as surplus.

In subsection (b)(2), the words "a summary of the assessments conducted under section 44907(a)(1) and (2) of this title" are substituted for "the information described in section 1515(c) of this Appendix" for clarity.

In subsection (b)(3), before clause (A), the words "that includes" are substituted for "The Administrator shall submit to Congress as part of the annual report required by section 315(a)" because of the restatement.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(29)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(d)(29)(A), substituted "Secretary of Homeland Security" for "Secretary of Transportation" and "Administrator of the Transportation Security Administration submits under subsection (b)" for "Under Secretary of Transportation for Security submits under subsection (b)" in introductory provisions.

2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted "Under Secretary" for "Administrator" in two places and "of Transportation for Security" for "of the Federal Aviation Administration".

Subsec. (a)(9). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator".

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in introductory provisions and par. (3)(A).

1998—Subsec. (a). Pub. L. 105–362, §1502(b)(1), in second sentence of introductory provisions, substituted "biennial report" for "annual report" and inserted "in each year the Administrator submits the biennial report" after "subsection (b) of this section".

Subsec. (b). Pub. L. 105–362, §1502(b)(2), substituted "biennially" for "annually" in introductory provisions.

Subsec. (c). Pub. L. 105–362, §1502(b)(3), struck out heading and text of subsec. (c). Text read as follows: "The Administrator shall submit to Congress an annual report for each of the calendar years 1991 and 1992 on the progress being made, and the problems occurring, in carrying out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security."

1994—Subsec. (a). Pub. L. 103–305 substituted "March 31" for "December 31".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 8th item on page 132 and the 11th item on page 138 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b)(1), (2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

§44939. Training to operate certain aircraft

(a) Waiting Period.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of more than 12,500 pounds to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if—

(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the Secretary may prescribe, the following information about the alien or individual:

(A) full name, including any aliases used by the applicant or variations in spelling of the applicant's name;

(B) passport and visa information;

(C) country of citizenship;

(D) date of birth;

(E) dates of training; and

(F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States embassy or consulate; and

(2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the Secretary has determined that the individual presents a risk to aviation or national security.

(b) Interruption of Training.—If the Secretary of Homeland Security, more than 30 days after receiving notification under subsection (a) from a person providing training described in subsection (a), determines that the individual presents a risk to aviation or national security, the Secretary shall immediately notify the person providing the training of the determination and that person shall immediately terminate the training.

(c) Notification.—A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or less to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if that person has notified the Secretary that the individual has requested such training and furnished the Secretary with that individual's identification in such form as the Secretary may require.

(d) Expedited Processing.—The Secretary of Homeland Security shall establish a process to ensure that the waiting period under subsection (a) shall not exceed 5 days for an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—

(1) holds an airman's certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;

(2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved under section 1546 of title 49, Code of Federal Regulations;

(3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or

(4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation or national security because of the aviation training already possessed by such class of individuals.

(e) Training.—In subsection (a), the term "training" means training received from an instructor in an aircraft or aircraft simulator and does not include recurrent training, ground training, or demonstration flights for marketing purposes.

(f) Nonapplicability to Certain Foreign Military Pilots.—The procedures and processes required by subsections (a) through (d) shall not apply to a foreign military pilot endorsed by the Department of Defense for flight training in the United States and seeking training described in subsection (e) in the United States.

(g) Fee.—

(1) In general.—The Secretary of Homeland Security may assess a fee for an investigation under this section, which may not exceed $100 per individual (exclusive of the cost of transmitting fingerprints collected at overseas facilities) during fiscal years 2003 and 2004. For fiscal year 2005 and thereafter, the Secretary may adjust the maximum amount of the fee to reflect the costs of such an investigation.

(2) Offset.—Notwithstanding section 3302 of title 31, any fee collected under this section—

(A) shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses; and

(B) shall remain available until expended.

(h) Interagency Cooperation.—The Attorney General, the Director of Central Intelligence, and the Administrator of the Federal Aviation Administration shall cooperate with the Secretary in implementing this section.

(i) Security Awareness Training for Employees.—The Secretary shall require flight schools to conduct a security awareness program for flight school employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school.

(Added Pub. L. 107–71, title I, §113(a), Nov. 19, 2001, 115 Stat. 622; amended Pub. L. 108–176, title VI, §612(a), Dec. 12, 2003, 117 Stat. 2572; Pub. L. 115–254, div. K, title I, §1991(d)(30), Oct. 5, 2018, 132 Stat. 3639.)

Editorial Notes

Amendments

2018—Subsec. (d). Pub. L. 115–254 substituted "The Secretary of Homeland Security" for "Not later than 60 days after the date of enactment of this section, the Secretary" in introductory provisions.

2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to waiting period for training, interruption of training, covered training, and security awareness training for employees.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–176, title VI, §612(c), Dec. 12, 2003, 117 Stat. 2574, provided that: "The amendment made by subsection (a) [amending this section] takes effect on the effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20, 2004, see 69 F.R. 56323]."

Effective Date

Pub. L. 107–71, title I, §113(d), Nov. 19, 2001, 115 Stat. 622, provided that: "The amendment made by subsection (a) [enacting this section] applies to applications for training received after the date of enactment of this Act [Nov. 19, 2001]."

Flight Instructor Certificates

Pub. L. 118–63, title VIII, §820, May 16, 2024, 138 Stat. 1330, provided that: "Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule for the rulemaking activity titled 'Removal of the Expiration Date on a Flight Instructor Certificate', published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL25) to, at a minimum, update part 61 of title 14, Code of Federal Regulations, to—

"(1) remove the expiration date on a flight instructor certificate; and

"(2) replace the requirement that a flight instructor renews their flight instructor certificate with appropriate recent experience requirements for the holder of a flight instructor certificate to exercise the privileges of such certificate."

Implementation

Pub. L. 108–176, title VI, §612(b), Dec. 12, 2003, 117 Stat. 2574, provided that:

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall promulgate an interim final rule to implement section 44939 of title 49, United States Code, as amended by subsection (a).

"(2) Use of overseas facilities.—In order to implement section 44939 of title 49, United States Code, as amended by subsection (a), United States Embassies and Consulates that possess appropriate fingerprint collection equipment and personnel certified to capture fingerprints shall provide fingerprint services to aliens covered by that section if the Secretary requires fingerprints in the administration of that section, and shall transmit the fingerprints to the Secretary or other agency designated by the Secretary. The Attorney General and the Secretary of State shall cooperate with the Secretary of Homeland Security in carrying out this paragraph.

"(3) Use of united states facilities.—If the Secretary of Homeland Security requires fingerprinting in the administration of section 44939 of title 49, United States Code, the Secretary may designate locations within the United States that will provide fingerprinting services to individuals covered by that section."

Report

Pub. L. 108–176, title VI, §612(d), Dec. 12, 2003, 117 Stat. 2574, provided that, not later than 1 year after Dec. 12, 2003, the Secretary of Homeland Security would submit to Congress a report on the effectiveness of the activities carried out under this section in reducing risks to aviation and national security.

International Cooperation

Pub. L. 107–71, title I, §113(c), Nov. 19, 2001, 115 Stat. 622, provided that: "The Secretary of Transportation, in consultation with the Secretary of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates."

§44940. Security service fee

(a) General Authority.—

(1) Passenger fees.—The Administrator of the Transportation Security Administration shall impose a uniform fee, on passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation originating at airports in the United States, to pay for the following costs of providing civil aviation security services:

(A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at airport security screening locations under section 44901.

(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.

(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).

(D) The costs of the Federal air marshals program.

(E) The costs of performing civil aviation security research and development under this title.

(F) The costs of Federal Security Managers under section 44903.

(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h).

(H) The costs of security-related capital improvements at airports.

(I) The costs of training pilots and flight attendants under sections 44918 and 44921.

(2) Determination of costs.—

(A) In general.—The amount of the costs under paragraph (1) shall be determined by the Administrator of the Transportation Security Administration and shall not be subject to judicial review.

(B) Definition of federal law enforcement personnel.—For purposes of paragraph (1)(A), the term "Federal law enforcement personnel" includes State and local law enforcement officers who are deputized under section 44922.

(b) Schedule of Fees.—In imposing fees under subsection (a), the Administrator of the Transportation Security Administration shall ensure that the fees are reasonably related to the Transportation Security Administration's costs of providing services rendered.

(c) Limitation on Fee.—

(1) Amount.—Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States, except that the fee imposed per round trip shall not exceed $11.20.

(2) Definition of round trip.—In this subsection, the term "round trip" means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal).

(3) Offsetting collections.—Beginning on October 1, 2027, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.

(d) Imposition of Fee.—

(1) In general.—Notwithstanding section 9701 of title 31 and the procedural requirements of section 553 of title 5, the Administrator of the Transportation Security Administration shall impose the fee under subsection (a)(1) through the publication of notice of such fee in the Federal Register and begin collection of the fee as soon as possible.

(2) Special rules passenger fees.—A fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection shall apply only to tickets sold after the date on which such fee is imposed. If a fee imposed under subsection (a)(1) through the procedures under paragraph (1) of this subsection on transportation of a passenger of a carrier described in subsection (a)(1) is not collected from the passenger, the amount of the fee shall be paid by the carrier.

(3) Subsequent modification of fee.—After imposing a fee in accordance with paragraph (1), the Administrator of the Transportation Security Administration may modify, from time to time through publication of notice in the Federal Register, the imposition or collection of such fee, or both.

(4) Limitation on collection.—No fee may be collected under this section, other than subsection (i), except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act or in section 44923.

(e) Administration of Fees.—

(1) Fees payable to administrator.—All fees imposed and amounts collected under this section are payable to the Administrator of the Transportation Security Administration.

(2) Fees collected by air carrier.—A fee imposed under subsection (a)(1) shall be collected by the air carrier or foreign air carrier that sells a ticket for transportation described in subsection (a)(1).

(3) Due date for remittance.—A fee collected under this section shall be remitted on the last day of each calendar month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar month in which the remittance is made.

(4) Information.—The Administrator of the Transportation Security Administration may require the provision of such information as the Administrator of the Transportation Security Administration decides is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts.

(5) Fee not subject to tax.—For purposes of section 4261 of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed under this section shall not be considered to be part of the amount paid for taxable transportation.

(6) Cost of collecting fee.—No portion of the fee collected under this section may be retained by the air carrier or foreign air carrier for the costs of collecting, handling, or remitting the fee except for interest accruing to the carrier after collection and before remittance.

(f) Receipts Credited as Offsetting Collections.—Notwithstanding section 3302 of title 31, any fee collected under this section—

(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

(3) shall remain available until expended.

(g) Refunds.—The Administrator of the Transportation Security Administration may refund any fee paid by mistake or any amount paid in excess of that required.

(h) Exemptions.—The Administrator of the Transportation Security Administration may exempt from the passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not receive screening services under section 44901 for that segment of the trip for which the passenger does not receive screening.

(i) Deposit of Receipts in General Fund.—

(1) In general.—Beginning in fiscal year 2014, out of fees received in a fiscal year under subsection (a)(1), after amounts are made available in the fiscal year under section 44923(h), the next funds derived from such fees in the fiscal year, in the amount specified for the fiscal year in paragraph (4), shall be credited as offsetting receipts and deposited in the general fund of the Treasury.

(2) Fee levels.—The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect in a fiscal year at least the amount specified in paragraph (4) for the fiscal year for making deposits under paragraph (1).

(3) Relationship to other provisions.—Subsections (b) and (f) shall not apply to amounts to be used for making deposits under this subsection.

(4) Fiscal year amounts.—For purposes of paragraphs (1) and (2), the fiscal year amounts are as follows:

(A) $1,320,000,000 for fiscal year 2018.

(B) $1,360,000,000 for fiscal year 2019.

(C) $1,400,000,000 for fiscal year 2020.

(D) $1,440,000,000 for fiscal year 2021.

(E) $1,480,000,000 for fiscal year 2022.

(F) $1,520,000,000 for fiscal year 2023.

(G) $760,000,000 for fiscal year 2024.

(H) $1,600,000,000 for fiscal year 2025.

(M) ¹ $1,640,000,000 for fiscal year 2026.

(N) ¹ $1,680,000,000 for fiscal year 2027.

(Added Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, §351(b), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–176, title VI, §605(b)(1), (2), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 110–53, title XVI, §1601, Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E, title V, §540, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 113–67, div. A, title VI, §601(a)(1), (2), (b), (c), Dec. 26, 2013, 127 Stat. 1187; Pub. L. 113–294, §1(a), Dec. 19, 2014, 128 Stat. 4009; Pub. L. 114–41, title III, §3001, July 31, 2015, 129 Stat. 460; Pub. L. 115–123, div. C, title II, §30202, Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–254, div. K, title I, §§1940, 1991(d)(31), Oct. 5, 2018, 132 Stat. 3582, 3639; Pub. L. 118–47, div. G, title I, §108(a), Mar. 23, 2024, 138 Stat. 857.)

Editorial Notes

Codification

Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625, which directed the addition of section 44940 at end of subchapter II of chapter 449 without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.

Amendments

2024—Subsec. (i)(4)(G). Pub. L. 118–47 substituted "$760,000,000" for "$1,560,000,000".

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(31)(A)(i)(II), struck out concluding provisions which read as follows: "The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term 'Federal law enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."

Pub. L. 115–254, §1991(d)(31)(A)(i)(I), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security" in introductory provisions.

Subsec. (a)(2). Pub. L. 115–254, §1991(d)(31)(A)(ii), added par. (2).

Subsec. (b). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (c)(3). Pub. L. 115–254, §1940, added par. (3).

Subsec. (d)(1). Pub. L. 115–254, §1991(d)(31)(C)(i), struck out "within 60 days of the date of enactment of this Act, or" after "of the fee" and "thereafter" before period at end.

Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (d)(2). Pub. L. 115–254, §1991(d)(31)(C)(ii), substituted "paragraph (1) of this subsection" for "subsection (d)" in two places.

Subsec. (d)(3). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (e)(1). Pub. L. 115–254, §1991(d)(31)(D), substituted "Fees payable to Administrator" for "Fees payable to Under Secretary" in heading.

Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (e)(4). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" in two places.

Subsecs. (g), (h). Pub. L. 115–254, §1991(d)(31)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (i)(4)(A) to (L). Pub. L. 115–254, §1991(d)(31)(E), redesignated subpars. (E) to (L) as (A) to (H), respectively, and struck out former subpars. (A) to (D) which read as follows:

"(A) $390,000,000 for fiscal year 2014.

"(B) $1,190,000,000 for fiscal year 2015.

"(C) $1,250,000,000 for fiscal year 2016.

"(D) $1,280,000,000 for fiscal year 2017."

Subsec. (i)(4)(M), (N). Pub. L. 115–123 added subpars. (M) and (N).

2015—Subsec. (i)(4)(K), (L). Pub. L. 114–41 added subpars. (K) and (L).

2014—Subsec. (c). Pub. L. 113–294 amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States."

2013—Subsec. (a)(2). Pub. L. 113–67, §601(a)(1), struck out par. (2) which related to fees on air carriers and foreign air carriers engaged in air transportation and intrastate air transportation.

Subsec. (c). Pub. L. 113–67, §601(b), amended subsec. (c) generally. Prior to amendment, text read as follows: "Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement in air transportation or intrastate air transportation that originates at an airport in the United States, except that the total amount of such fees may not exceed $5.00 per one-way trip."

Subsec. (d)(1). Pub. L. 113–67, §601(a)(2), struck out ", and may impose a fee under subsection (a)(2)," after "under subsection (a)(1)".

Subsec. (i). Pub. L. 113–67, §601(c), amended subsec. (i) generally. Prior to amendment, subsec. (i) related to the Checkpoint Screening Security Fund.

2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which directed amendment of subsec. (a)(2) "by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the following, 'except for estimates and additional collections made pursuant to the appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial review shall be pursuant to section 46110 of title 49, United States Code: Provided further, That such judicial review shall be limited only to additional amounts collected by the Secretary before October 1, 2007.' ", was executed by substituting the quoted language directed to be added for the period at the end of last sentence of subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.

Subsec. (d)(4). Pub. L. 110–53, §1601(1), inserted ", other than subsection (i)," before "except to".

Subsec. (i). Pub. L. 110–53, §1601(2), added subsec. (i).

2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of concluding provisions "For purposes of subparagraph (A), the term 'Federal law enforcement personnel' includes State and local law enforcement officers who are deputized under section 44922."

Subsec. (a)(1)(H), (I). Pub. L. 108–176, §605(b)(1), added subpars. (H) and (I).

Subsec. (d)(4). Pub. L. 108–176, §605(b)(2), substituted "appropriations Act or in section 44923" for "appropriations Act".

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–294, §1(b), Dec. 19, 2014, 128 Stat. 4009, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a trip in air transportation or intrastate air transportation that is purchased on or after the date of the enactment of this Act [Dec. 19, 2014]."

Effective Date of 2013 Amendment

Pub. L. 113–67, div. A, title VI, §601(a)(3), Dec. 26, 2013, 127 Stat. 1187, provided that: "The repeal made by paragraph (1) [amending this section] and the amendment made by paragraph (2) [amending this section] shall each take effect on October 1, 2014."

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.

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

Applicability of 2024 Amendment

Pub. L. 118–47, div. G, title I, §108(b), Mar. 23, 2024, 138 Stat. 857, provided that: "This section [amending this section] shall be applied as if it were in effect on October 1, 2023."

Imposition of Fee Increase

Pub. L. 113–67, div. A, title VI, §601(d), Dec. 26, 2013, 127 Stat. 1188, provided that: "The Secretary of Homeland Security shall implement the fee increase authorized by the amendment made by subsection (b) [amending this section]—

"(1) beginning on July 1, 2014; and

"(2) through the publication of notice of such fee in the Federal Register, notwithstanding section 9701 of title 31, United States Code, and the procedural requirements of section 553 of title 5, United States Code."

Continued Availability of Existing Balances

Pub. L. 113–67, div. A, title VI, §601(e), Dec. 26, 2013, 127 Stat. 1188, provided that: "The amendments made by this section [amending this section] shall not affect the availability of funds made available under section 44940(i) of title 49, United States Code, before the date of enactment of this Act [Dec. 26, 2013]."

¹ So in original.

§44941. Immunity for reporting suspicious activities

(a) In General.—Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Homeland Security, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.

(b) Application.—Subsection (a) shall not apply to—

(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or

(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.

(Added Pub. L. 107–71, title I, §125(a), Nov. 19, 2001, 115 Stat. 631; amended Pub. L. 115–254, div. K, title I, §1991(d)(32), Oct. 5, 2018, 132 Stat. 3640.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 inserted "the Department of Homeland Security," after "Department of Transportation,".

§44942. Performance goals and objectives

(a) Short Term Transition.—

(1) In general.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress—

(A) establish acceptable levels of performance for aviation security, including screening operations and access control; and

(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.

(2) Basics of action plan.—The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

(b) Long-Term Results-Based Management.—

(1) Performance plan.—

(A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.

(B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

(2) Performance report.—Each year, consistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan.

(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, §1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.)

Editorial Notes

References in Text

The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(33)(A)(i)(I), in introductory provisions, substituted "The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and" for "Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with".

Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(33)(A)(i)(II), substituted "; and" for ", and".

Subsec. (a)(2). Pub. L. 115–254, §1991(d)(33)(A)(ii), inserted comma after "Federal Aviation Administration".

Subsec. (b). Pub. L. 115–254, §1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading "Performance plan and report" and redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively.

Subsec. (b)(1). Pub. L. 115–254, §1991(d)(33)(B)(iii)(I), redesignated cls. (i) and (ii) of former par. (1)(A) as subpars. (A) and (B), respectively, of par. (1).

Subsec. (b)(1)(A). Pub. L. 115–254, §1991(d)(33)(B)(iii)(II), substituted "the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree" for "the Secretary and the Under Secretary for Transportation Security shall agree".

Subsec. (b)(1)(B). Pub. L. 115–254, §1991(d)(33)(B)(iii)(III), substituted "the Secretary of Homeland Security, the Administrator of the Transportation Security Administration," for "the Secretary, the Under Secretary for Transportation Security".

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(33)(B)(iv), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Transportation Security".

§44943. Performance management system

(a) Establishing a Fair and Equitable System for Measuring Staff Performance.—The Administrator of the Transportation Security Administration shall establish a performance management system which strengthens the organization's effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan.

(b) Establishing Management Accountability for Meeting Performance Goals.—

(1) In general.—Each year, the Secretary of Homeland Security and Administrator of the Transportation Security Administration shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Administrator of the Transportation Security Administration.

(2) Goals.—Each year, the Administrator of the Transportation Security Administration and each senior manager who reports to the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Administrator shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.

(c) Performance-Based Service Contracting.—To the extent contracts, if any, are used to implement the Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.

(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 634; amended Pub. L. 115–254, div. K, title I, §1991(d)(34), Oct. 5, 2018, 132 Stat. 3640.)

Editorial Notes

References in Text

The Aviation and Transportation Security Act, referred to in subsec. (c), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(34)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Transportation Security".

Subsec. (b)(1). Pub. L. 115–254, §1991(d)(34)(B)(i), substituted "Secretary of Homeland Security and Administrator of the Transportation Security Administration" for "Secretary and Under Secretary of Transportation for Security" and "for the Administrator of the Transportation Security Administration" for "for the Under Secretary".

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(34)(B)(ii), substituted "Administrator of the Transportation Security Administration and" for "Under Secretary and" and, in two places, substituted "Administrator shall" for "Under Secretary shall".

Subsec. (c). Pub. L. 115–254, §1991(d)(34)(C), substituted "Aviation and Transportation Security Act (Public Law 107–71; 115 Stat. 597), the Administrator of the Transportation Security Administration" for "Aviation Security Act, the Under Secretary for Transportation Security".

§44944. Voluntary provision of emergency services

(a) Program for Provision of Voluntary Services.—

(1) Program.—The Administrator of the Transportation Security Administration shall carry out a program to permit qualified law enforcement officers, firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies.

(2) Requirements.—The Administrator of the Transportation Security Administration shall establish such requirements for qualifications of providers of voluntary services under the program under paragraph (1), including training requirements, as the Administrator of the Transportation Security Administration considers appropriate.

(3) Confidentiality of registry.—If as part of the program under paragraph (1) the Administrator of the Transportation Security Administration requires or permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the Administrator of the Transportation Security Administration shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential.

(4) Consultation.—The Administrator of the Transportation Security Administration shall consult with the Administrator of the Federal Aviation Administration, appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters, and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3).

(b) Exemption From Liability.—An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Administrator of the Transportation Security Administration shall prescribe for purposes of this section.

(c) Exception.—The exemption under subsection (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a manner that constitutes gross negligence or willful misconduct.

(Added Pub. L. 107–71, title I, §131(a), Nov. 19, 2001, 115 Stat. 635; amended Pub. L. 115–254, div. K, title I, §1991(d)(35), Oct. 5, 2018, 132 Stat. 3641.)

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(d)(35)(B), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a)(1). Pub. L. 115–254, §1991(d)(35)(A)(i), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Transportation Security".

Subsec. (a)(4). Pub. L. 115–254, §1991(d)(35)(A)(ii), inserted "the Administrator of the Federal Aviation Administration," after "consult with".

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 107–71, title I, §131(c), Nov. 19, 2001, 115 Stat. 635, provided that: "Nothing in this section [enacting this section] may be construed to require any modification of regulations of the Department of Transportation governing the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations."

[For definitions of "aircraft" and "air transportation" used in section 131(c) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]

§44945. Disposition of unclaimed money and clothing

(a) Disposition of Unclaimed Money.—Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in this chapter.

(b) Disposition of Unclaimed Clothing.—

(1) In general.—In disposing of unclaimed clothing recovered at any airport security checkpoint, the Administrator of the Transportation Security Administration shall make every reasonable effort, in consultation with the Secretary of Veterans Affairs, to transfer the clothing to the local airport authority or other local authorities for donation to charity, including local veterans organizations or other local charitable organizations for distribution to homeless or needy veterans and veteran families.

(2) Agreements.—In implementing paragraph (1), the Administrator of the Transportation Security Administration may enter into agreements with airport authorities.

(3) Other charitable arrangements.—Nothing in this subsection shall prevent an airport or the Transportation Security Administration from donating unclaimed clothing to a charitable organization of their choosing.

(4) Limitation.—Nothing in this subsection shall create a cost to the Government.

(Added Pub. L. 108–334, title V, §515(a), Oct. 18, 2004, 118 Stat. 1317; amended Pub. L. 112–271, §2(a), Jan. 14, 2013, 126 Stat. 2446; Pub. L. 115–254, div. K, title I, §1991(d)(36), Oct. 5, 2018, 132 Stat. 3641.)

Editorial Notes

Amendments

2018—Subsec. (b)(1), (2). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Assistant Secretary".

2013—Pub. L. 112–271 inserted "and clothing" after "money" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Annual Report

Pub. L. 108–334, title V, §515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the unclaimed money is being used to provide civil aviation security."

§44946. Aviation Security Advisory Committee

(a) Establishment.—The Administrator shall establish within the Transportation Security Administration an aviation security advisory committee.

(b) Duties.—

(1) In general.—The Administrator shall consult the Advisory Committee, as appropriate, on aviation security matters, including on the development, refinement, and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines.

(2) Recommendations.—

(A) In general.—The Advisory Committee shall develop, at the request of the Administrator, recommendations for improvements to aviation security.

(B) Recommendations of subcommittees.—Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee before transmission to the Administrator.

(3) Periodic reports.—The Advisory Committee shall periodically submit to the Administrator—

(A) reports on matters identified by the Administrator; and

(B) reports on other matters identified by a majority of the members of the Advisory Committee.

(4) Annual report.—The Advisory Committee shall submit to the Administrator an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. Not later than 6 months after the date that the Administrator receives the annual report, the Administrator shall publish a public version describing the Advisory Committee's activities and such related matters as would be informative to the public consistent with the policy of section 552(b) of title 5.

(5) Feedback.—Not later than 90 days after receiving recommendations transmitted by the Advisory Committee under paragraph (2) or (4), the Administrator shall respond in writing to the Advisory Committee with feedback on each of the recommendations, an action plan to implement any of the recommendations with which the Administrator concurs, and a justification for why any of the recommendations have been rejected.

(6) Congressional notification.—Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives on such feedback, and provide a briefing upon request.

(7) Report to congress.—Prior to briefing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives under paragraph (6), the Administrator shall submit to such committees a report containing information relating to the recommendations transmitted by the Advisory Committee in accordance with paragraph (4).

(c) Membership.—

(1) Appointment.—

(A) In general.—The Administrator shall appoint the members of the Advisory Committee.

(B) Composition.—The membership of the Advisory Committee shall consist of individuals representing not more than 34 member organizations. Each organization shall be represented by 1 individual (or the individual's designee).

(C) Representation.—The membership of the Advisory Committee shall include representatives of air carriers, all-cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, labor organizations representing transportation security officers, aircraft manufacturers, airport operators, airport construction and maintenance contractors, labor organizations representing employees of airport construction and maintenance contractors, general aviation, privacy organizations, the travel industry, airport-based businesses (including minority-owned small businesses), businesses that conduct security screening operations at airports, aeronautical repair stations, passenger advocacy groups, the aviation security technology industry (including screening technology and biometrics), victims of terrorist acts against aviation, and law enforcement and security experts.

(2) Term of office.—

(A) Terms.—The term of each member of the Advisory Committee shall be two years, but a member may continue to serve until a successor is appointed. A member of the Advisory Committee may be reappointed.

(B) Removal.—The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.

(3) Prohibition on compensation.—The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee.

(4) Meetings.—

(A) In general.—The Administrator shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary.

(B) Public meetings.—At least 1 of the meetings described in subparagraph (A) shall be open to the public.

(C) Attendance.—The Advisory Committee shall maintain a record of the persons present at each meeting.

(5) Member access to sensitive security information.—Not later than 60 days after the date of a member's appointment, the Administrator shall determine if there is cause for the member to be restricted from possessing sensitive security information. Without such cause, and upon the member voluntarily signing a non-disclosure agreement, the member may be granted access to sensitive security information that is relevant to the member's advisory duties. The member shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.

(6) Chairperson.—A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee.

(d) Subcommittees.—

(1) Membership.—The Advisory Committee chairperson, in coordination with the Administrator, may establish within the Advisory Committee any subcommittee that the Administrator and Advisory Committee determine to be necessary. The Administrator and the Advisory Committee shall create subcommittees to address aviation security issues, including the following:

(A) Air cargo security.—The implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates.

(B) General aviation.—General aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports.

(C) Perimeter and access control.—Recommendations on airport perimeter security, exit lane security and technology at commercial service airports, and access control issues.

(D) Security technology.—Security technology standards and requirements, including their harmonization internationally, technology to screen passengers, passenger baggage, carry-on baggage, and cargo, and biometric technology.

(2) Risk-based security.—All subcommittees established by the Advisory Committee chairperson in coordination with the Administrator shall consider risk-based security approaches in the performance of their functions that weigh the optimum balance of costs and benefits in transportation security, including for passenger screening, baggage screening, air cargo security policies, and general aviation security matters.

(3) Meetings and reporting.—Each subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding issues within the subcommittee.

(4) Subcommittee chairs.—Each subcommittee shall be co-chaired by a Government official and an industry official.

(e) Subject Matter Experts.—Each subcommittee under this section shall include subject matter experts with relevant expertise who are appointed by the respective subcommittee chairpersons.

(f) Nonapplicability of Chapter 10 of Title 5.—Chapter 10 of title 5 shall not apply to the Advisory Committee and its subcommittees.

(g) Definitions.—In this section:

(1) Administrator.—The term "Administrator" means the Administrator of the Transportation Security Administration.

(2) Advisory committee.—The term "Advisory Committee" means the aviation security advisory committee established under subsection (a).

(3) Perimeter security.—

(A) In general.—The term "perimeter security" means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal.

(B) Inclusions.—The term "perimeter security" includes the fence area surrounding an airport, access gates, and access controls.

(Added Pub. L. 113–238, §2(a), Dec. 18, 2014, 128 Stat. 2842; amended Pub. L. 114–190, title III, §3411, July 15, 2016, 130 Stat. 662; Pub. L. 115–254, div. K, title I, §1991(d)(37), Oct. 5, 2018, 132 Stat. 3641; Pub. L. 117–286, §4(a)(317), Dec. 27, 2022, 136 Stat. 4340.)

Editorial Notes

Amendments

2022—Subsec. (f). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

2018—Pub. L. 115–254, §1991(d)(37)(B), substituted "Administrator" for "Assistant Secretary" wherever appearing.

Subsec. (b)(4). Pub. L. 115–254, §1991(d)(37)(C), substituted "the Administrator receives" for "the Secretary receives" and "the Administrator shall" for "the Secretary shall".

Subsec. (c)(1)(A). Pub. L. 115–254, §1991(d)(37)(D), substituted "The" for "Not later than 180 days after the date of enactment of the Aviation Security Stakeholder Participation Act of 2014, the".

Subsec. (g). Pub. L. 115–254, §1991(d)(37)(A), added par. (1), redesignated former par. (1) as (2), and struck out former par. (2) which defined "Assistant Secretary".

2016—Subsec. (b)(5). Pub. L. 114–190, §3411(b), substituted "paragraph (2) or (4)" for "paragraph (4)".

Subsec. (c)(2)(A). Pub. L. 114–190, §3411(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "The term of each member of the Advisory Committee shall be 2 years. A member of the Advisory Committee may be reappointed."

§44947. Air cargo security division

(a) Establishment.—Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall establish an air cargo security division to carry out and engage with stakeholders regarding the implementation of air cargo security programs established by the Administration.

(b) Leadership; Staffing.—The air cargo security division established pursuant to subsection (a) shall be headed by an individual in the executive service within the TSA and be staffed by not fewer than 4 full-time equivalents, including the head of the division.

(c) Staffing.—The Administrator of the Transportation Security Administration shall staff the air cargo security division with existing TSA personnel.

(Added Pub. L. 115–254, div. K, title I, §1943(a), Oct. 5, 2018, 132 Stat. 3584.)

Editorial Notes

References in Text

The date of enactment of the TSA Modernization Act, referred to in subsec. (a), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

§44948. National Deployment Office

(a) Establishment.—There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration.

(b) Duties.—The individual designated as the head of the National Deployment Office shall be responsible for the following:

(1) Maintaining a National Deployment Force within the Transportation Security Administration, including transportation security officers, supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security's homeland security operations to mitigate and reduce risk, including for the following:

(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons.

(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security.

(C) Response in the aftermath of any manmade disaster, including any terrorist attack.

(D) Other such situations, as determined by the Administrator.

(2) Educating transportation security officers regarding how to participate in the Administration's National Deployment Force.

(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator.

(4) Approving 1-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director.

(5) Training officers to serve on the National Deployment Force.

(Added Pub. L. 115–254, div. K, title I, §1988(a), Oct. 5, 2018, 132 Stat. 3622.)

Statutory Notes and Related Subsidiaries

Career Development

Pub. L. 115–254, div. K, title I, §1988(d), Oct. 5, 2018, 132 Stat. 3623, provided that: "The Administrator [of the Transportation Security Administration] may consider service in the National Deployment Force as a positive factor when evaluating applicants for promotion opportunities within the TSA [Transportation Security Administration]."

CHAPTER 451—ALCOHOL AND CONTROLLED SUBSTANCES TESTING

        

Editorial Notes

Amendments

2001—Pub. L. 107–71, title I, §139(5), Nov. 19, 2001, 115 Stat. 641, added item 45107.

§45101. Definition

In this chapter, "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45101	49 App.:1434(f).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(f); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956.

§45102. Alcohol and controlled substances testing programs

(a) Program for Employees of Air Carriers and Foreign Air Carriers.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random, and post-accident testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crew members, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.

(b) Program for Employees of the Federal Aviation Administration.—(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.

(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.

(c) Sanctions.—In prescribing regulations under the programs required by this section, the Administrator shall require, as the Administrator considers appropriate, the suspension or revocation of any certificate issued to an individual referred to in this section, or the disqualification or dismissal of the individual, under this chapter when a test conducted and confirmed under this chapter indicates the individual has used alcohol or a controlled substance in violation of law or a Government regulation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104–59, title III, §342(d), Nov. 28, 1995, 109 Stat. 609; Pub. L. 107–71, title I, §139(1), Nov. 19, 2001, 115 Stat. 640.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45102(a)	49 App.:1434(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(a); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 953.
45102(b)	49 App.:1434(a)(2).
45102(c)	49 App.:1434(a)(3).

In subsections (a)(2) and (b)(2), the word "also" is omitted as surplus.

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–71 substituted "personnel" for "contract personnel" wherever appearing.

1995—Subsec. (a)(1). Pub. L. 104–59, §342(d)(1), added par. (1) and struck out former par. (1) which read as follows: "In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation."

Subsec. (b)(1). Pub. L. 104–59, §342(d)(2), added par. (1) and struck out former par. (1) which read as follows: "The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions."

Statutory Notes and Related Subsidiaries

Rulemaking on Random Testing for Prohibited Drugs

Pub. L. 103–305, title V, §501, Aug. 23, 1994, 108 Stat. 1594, provided that, not later than 180 days after Aug. 23, 1994, the Secretary would complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate required of random drug testing for personnel engaged in aviation activities.

§45103. Prohibited service

(a) Use of Alcohol or a Controlled Substance.—An individual may not use alcohol or a controlled substance after October 28, 1991, in violation of law or a United States Government regulation and serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator of the Federal Aviation Administration), or employee of the Administration with responsibility for safety-sensitive functions.

(b) Rehabilitation Required To Resume Service.—Notwithstanding subsection (a) of this section, an individual found to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may serve as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions only if the individual completes a rehabilitation program described in section 45105 of this title.

(c) Performance of Prior Duties Prohibited.—An individual who served as an airman, crewmember, airport security screening employee, air carrier employee responsible for safety-sensitive functions (as decided by the Administrator), or employee of the Administration with responsibility for safety-sensitive functions and who was found by the Administrator to have used alcohol or a controlled substance after October 28, 1991, in violation of law or a Government regulation may not carry out the duties related to air transportation that the individual carried out before the finding of the Administrator if the individual—

(1) used the alcohol or controlled substance when on duty;

(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or

(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45103(a)	49 App.:1434(b)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(b); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 954.
45103(b)	49 App.:1434(b)(2).
45103(c)	49 App.:1434(b)(3).

In subsection (b), the words "Notwithstanding subsection (a) of this section" are added for clarity.

Editorial Notes

Amendments

2001—Pub. L. 107–71 substituted "screening employee" for "screening contract employee" wherever appearing.

§45104. Testing and laboratory requirements

In carrying out section 45102 of this title, the Administrator of the Federal Aviation Administration shall develop requirements that—

(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which individuals may be tested; and

(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this chapter;

(3) require that a laboratory involved in controlled substances testing under this chapter have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a United States Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;

(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;

(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45104	49 App.:1434(d).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(d); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 955.

In this section, the word "samples" is omitted as surplus.

In clause (2), before subclause (A), the word "subsequent" is omitted as surplus.

In clause (3), the words "of any individual" are omitted as surplus.

In clause (4), the words "by any individual" are omitted as surplus.

In clause (5), the word "tested" is substituted for "assayed" for consistency. The words "2d confirmation test" are substituted for "independent test" for clarity and consistency.

In clause (6), the word "Secretary" is substituted for "Department" for consistency in the revised title and with other titles of the United States Code.

§45105. Rehabilitation

(a) Program for Employees of Air Carriers and Foreign Air Carriers.—The Administrator of the Federal Aviation Administration shall prescribe regulations establishing requirements for rehabilitation programs that at least provide for the identification and opportunity for treatment of employees of air carriers and foreign air carriers referred to in section 45102(a)(1) of this title who need assistance in resolving problems with the use of alcohol or a controlled substance in violation of law or a United States Government regulation. Each air carrier and foreign air carrier is encouraged to make such a program available to all its employees in addition to the employees referred to in section 45102(a)(1). The Administrator shall decide on the circumstances under which employees shall be required to participate in a program. This subsection does not prevent an air carrier or foreign air carrier from establishing a program under this subsection in cooperation with another air carrier or foreign air carrier.

(b) Program for Employees of the Federal Aviation Administration.—The Administrator shall establish and maintain a rehabilitation program that at least provides for the identification and opportunity for treatment of employees of the Administration whose duties include responsibility for safety-sensitive functions who need assistance in resolving problems with the use of alcohol or a controlled substance.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, §6(58), Oct. 31, 1994, 108 Stat. 4385.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45105(a)	49 App.:1434(c)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(c); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 954.
45105(b)	49 App.:1434(c)(2).

In subsection (a), the words "of air carriers and foreign air carriers" are added for clarity.

Pub. L. 103–429

This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1224).

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–429 substituted "section 45102(a)(1)" for "section 45102(a)(1)(A)" in second sentence.

Statutory Notes and Related Subsidiaries

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.

Prioritizing and Supporting the Human Intervention Motivation Study (HIMS) Program and the Flight Attendant Drug and Alcohol Program (FADAP)

Pub. L. 115–254, div. B, title V, §554(a), Oct. 5, 2018, 132 Stat. 3380, provided that: "The [Federal Aviation] Administration shall continue to prioritize and support the Human Intervention Motivation Study (HIMS) program for flight crewmembers and the Flight Attendant Drug and Alcohol Program (FADAP) for flight attendants."

Human Intervention Motivation Study

Pub. L. 112–95, title VIII, §819, Feb. 14, 2012, 126 Stat. 127, provided that: "Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall develop a Human Intervention Motivation Study program for cabin crew members employed by commercial air carriers in the United States."

§45106. Relationship to other laws, regulations, standards, and orders

(a) Effect on State and Local Government Laws, Regulations, Standards, or Orders.—A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.

(b) International Obligations and Foreign Laws.—(1) In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—

(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and

(B) shall consider applicable laws and regulations of foreign countries.

(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.

(c) Other Regulations Allowed.—This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, §139(3), Nov. 19, 2001, 115 Stat. 640.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45106(a)	49 App.:1434(e)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(e); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956.
45106(b)	49 App.:1434(e)(3).
45106(c)	49 App.:1434(e)(2).

In subsection (a), the word "prescribe" is substituted for "adopt" for consistency in the revised title and with other titles of the United States Code. The word "rule" is omitted as being synonymous with "regulation". The word "ordinance" is omitted as being included in "law" and "regulation". The words "actual" and "whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public" are omitted as surplus.

In subsection (c) the word "prevent" is substituted for "restrict the discretion of" to eliminate unnecessary words.

Editorial Notes

Amendments

2001—Subsec. (c). Pub. L. 107–71 substituted "screening employees" for "screening contract employees".

§45107. Transportation Security Administration

(a) Transfer of Functions Relating to Testing Programs With Respect to Airport Security Screening Personnel.—The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are transferred to the Administrator of the Transportation Security Administration. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel by their employers instead of by air carriers and foreign air carriers.

(b) Applicability of Chapter With Respect to Employees of Administration.—The provisions of this chapter that apply with respect to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions.

(Added Pub. L. 107–71, title I, §139(4), Nov. 19, 2001, 115 Stat. 640; amended Pub. L. 115–254, div. K, title I, §1991(e), Oct. 5, 2018, 132 Stat. 3642.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(e)(1), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsec. (b). Pub. L. 115–254, §1991(e)(2), struck out at end "The Under Secretary of Transportation for Security, the Transportation Security Administration, and employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively."

CHAPTER 453—FEES

        

Editorial Notes

Amendments

2024—Pub. L. 118–63, title XI, §1101(q), May 16, 2024, 138 Stat. 1414, added item 45306.

2012—Pub. L. 112–95, title I, §122(b), Feb. 14, 2012, 126 Stat. 20, added item 45305.

1996—Pub. L. 104–264, title II, §§273(b), 276(b), Oct. 9, 1996, 110 Stat. 3240, 3248, substituted "General provisions" for "Authority to impose fees" in item 45301, added items 45303 and 45304, and struck out former item 45303 "Maximum fees for private person services".

§45301. General provisions

(a) Schedule of Fees.—The Administrator of the Federal Aviation Administration shall establish a schedule of new fees, and a collection process for such fees, for the following services provided by the Administration:

(1) Air traffic control and related services provided to aircraft other than military and civilian aircraft of the United States Government or of a foreign government that neither take off from, nor land in, the United States.

(2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity obtaining services outside the United States, except that the Administrator shall not impose fees in any manner for production-certification related service performed outside the United States pertaining to aeronautical products manufactured outside the United States.

(b) Establishment and Adjustment of Fees.—

(1) In general.—In establishing and adjusting fees under this section, the Administrator shall ensure that the fees are reasonably related to the Administration's costs, as determined by the Administrator, of providing the services rendered.

(2) Services for which costs may be recovered.—Services for which costs may be recovered under this section include the costs of air traffic control, navigation, weather services, training, and emergency services that are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States.

(3) Limitations on judicial review.—Notwithstanding section 702 of title 5 or any other provision of law, the following actions and other matters shall not be subject to judicial review:

(A) The establishment or adjustment of a fee by the Administrator under this section.

(B) The validity of a determination of costs by the Administrator under paragraph (1), and the processes and procedures applied by the Administrator when reaching such determination.

(C) An allocation of costs by the Administrator under paragraph (1) to services provided, and the processes and procedures applied by the Administrator when establishing such allocation.

(4) Aircraft altitude.—Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace.

(5) Costs defined.—In this subsection, the term "costs" includes operation and maintenance costs, leasing costs, and overhead expenses associated with the services provided and the facilities and equipment used in providing such services.

(c) Use of Experts and Consultants.—In developing the system, the Administrator may consult with such nongovernmental experts as the Administrator may employ and the Administrator may utilize the services of experts and consultants under section 3109 of title 5 without regard to the limitation imposed by the last sentence of section 3109(b) of such title, and may contract on a sole source basis, notwithstanding any other provision of law to the contrary. Notwithstanding any other provision of law to the contrary, the Administrator may retain such experts under a contract awarded on a basis other than a competitive basis and without regard to any such provisions requiring competitive bidding or precluding sole source contract authority.

(d) Production-Certification Related Service Defined.—In this section, the term "production-certification related service" has the meaning given that term in appendix C of part 187 of title 14, Code of Federal Regulations.

(e) Adjustment of Fees.—In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.

(Added Pub. L. 104–264, title II, §273(a), Oct. 9, 1996, 110 Stat. 3239; amended Pub. L. 106–181, title VII, §719, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §119(d), Nov. 19, 2001, 115 Stat. 629; Pub. L. 112–95, title I, §121, Feb. 14, 2012, 126 Stat. 19; Pub. L. 115–254, div. B, title V, §539(k), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 118–63, title XI, §1101(r), May 16, 2024, 138 Stat. 1414.)

Editorial Notes

Prior Provisions

A prior section 45301, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–305, title II, §209, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104–287, §5(76), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(d)(1)(C), Nov. 20, 1997, 111 Stat. 2215, related to authority to impose fees, prior to repeal by Pub. L. 104–264, title II, §§203, 273(a), Oct. 9, 1996, 110 Stat. 3227, 3239, effective 30 days after Oct. 9, 1996.

Amendments

2024—Subsec. (a). Pub. L. 118–63 substituted "The Administrator of the Federal Aviation Administration shall establish" for "The Administrator shall establish" in introductory provisions.

2018—Subsec. (a)(1). Pub. L. 115–254 substituted "United States Government" for "United States government".

2012—Subsec. (b). Pub. L. 112–95, §121(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to limitations on fees.

Subsec. (e). Pub. L. 112–95, §121(b), added subsec. (e).

2001—Subsec. (b)(1)(B). Pub. L. 107–71 substituted "reasonably" for "directly" and "Administration's costs, as determined by the Administrator," for "Administration's costs" and inserted "The Determination of such costs by the Administrator is not subject to judicial review." at end.

2000—Subsec. (a)(2). Pub. L. 106–181, §719(1), added par. (2) and struck out former par. (2) which read as follows: "Services (other than air traffic control services) provided to a foreign government."

Subsec. (d). Pub. L. 106–181, §719(2), added subsec. (d).

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

Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

Overflight Fees

Pub. L. 108–176, title II, §229, Dec. 12, 2003, 117 Stat. 2532, provided that:

"(a) Adoption and Legalization of Certain Rules.—

"(1) Applicability and effect of certain law.—Notwithstanding section 141(d)(1) of the Aviation and Transportation Security Act [Pub. L. 107–71] (49 U.S.C. 44901 note), section 45301(b)(1)(B) of title 49, United States Code, is deemed to apply to and to have effect with respect to the authority of the Administrator of the Federal Aviation Administration with respect to the interim final rule and final rule, relating to overflight fees, issued by the Administrator on May 30, 2000, and August 13, 2001, respectively.

"(2) Adoption and legalization.—The interim final rule and final rule referred to in subsection (a), including the fees issued pursuant to those rules, are adopted, legalized, and confirmed as fully to all intents and purposes as if the same had, by prior Act of Congress, been specifically adopted, authorized, and directed as of the date those rules were originally issued.

"(3) Fees to which applicable.—This subsection applies to fees assessed after November 19, 2001, and before April 8, 2003, and fees collected after the requirements of subsection (b) have been met.

"(b) Deferred Collection of Fees.—The Administrator shall defer collecting fees under section 45301(a)(1) of title 49, United States Code, until the Administrator (1) reports to Congress responding to the issues raised by the court in Air Transport Association of Canada v. Federal Aviation Administration and Administrator, FAA, decided on April 8, 2003, and (2) consults with users and other interested parties regarding the consistency of the fees established under such section with the international obligations of the United States.

"(c) Enforcement.—The Administrator shall take an appropriate enforcement action under subtitle VII of title 49, United States Code, against any user that does not pay a fee under section 45301(a)(1) of such title."

§45302. Fees involving aircraft not providing air transportation

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

(b) General Authority and Maximum Fees.—The Administrator of the Federal Aviation Administration may impose fees to pay for the costs of issuing airman certificates to pilots and certificates of registration of aircraft and processing forms for major repairs and alterations of fuel tanks and fuel systems of aircraft. The following fees may not be more than the amounts specified:

(1) $12 for issuing an airman's certificate to a pilot.

(2) $25 for registering an aircraft after the transfer of ownership.

(3) $15 for renewing an aircraft registration.

(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system of an aircraft.

(c) Adjustments.—The Administrator shall adjust the maximum fees established by subsection (b) of this section for changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor.

(d) Credit to Account and Availability.—Money collected from fees imposed under this section shall be credited to the account in the Treasury from which the Administrator incurs expenses in carrying out chapter 441 and sections 44701–44716 of this title (except sections 44701(c), 44703(g)(2), and 44713(d)(2)). The money is available to the Administrator to pay expenses for which the fees are collected.

(e) Effective Date.—

(1) In general.—A fee may not be imposed under this section before the date on which the regulations prescribed under sections 44111(d), 44703(g)(2), and 44713(d)(2) of this title take effect.

(2) Effect of imposition of other fees.—A fee may not be imposed for a service or activity under this section during any period in which a fee for the same service or activity is imposed under section 45305.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–429, §6(59), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 112–95, title I, §122(c), Feb. 14, 2012, 126 Stat. 20; Pub. L. 115–254, div. B, title V, §539(j), Oct. 5, 2018, 132 Stat. 3371.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45302(a)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
45302(b), (c)	49 App.:1354(f)(1)–(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §313(f); added Nov. 18, 1988, Pub. L. 100–690, §7207(c)(1), 102 Stat. 4427.
45302(d)	49 App.:1354(f)(4).

In subsection (b), before clause (1), the text of 49 App.:1354(f)(3) is omitted as obsolete because the final regulations are effective. The word "impose" is substituted for "establish and collect" for consistency.

In subsection (d), the words "Money collected from fees imposed" are substituted for "The amount of fees collected" for clarity and consistency.

Pub. L. 103–429

This amends 49:45302 because the final regulations are not yet effective.

Editorial Notes

Amendments

2018—Subsecs. (d), (e)(1). Pub. L. 115–254 substituted "44703(g)(2)" for "44703(f)(2)".

2012—Subsec. (e). Pub. L. 112–95 designated existing provisions as par. (1), inserted heading, and added par. (2).

1994—Subsec. (e). Pub. L. 103–429 added subsec. (e).

Statutory Notes and Related Subsidiaries

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.

Inspector General Audit

Pub. L. 100–690, title VII, §7207(c)(4), Nov. 18, 1988, 102 Stat. 4428, as amended by Pub. L. 104–66, title II, §2041, Dec. 21, 1995, 109 Stat. 728, provided that: "During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Aviation Act of 1958 [see subsec. (b) of this section], the Department of Transportation Inspector General shall conduct an annual audit of the collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to Congress a report on the results of such audit."

[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 30th item on page 4 identifies a reporting provision which, as subsequently amended, is contained in section 7207(c)(4) of Pub. L. 100–690, set out as a note above), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.]

§45303. Administrative provisions

(a) Fees Payable to Administrator.—All fees imposed and amounts collected under this chapter for services performed, or materials furnished, by the Federal Aviation Administration are payable to the Administrator of the Federal Aviation Administration.

(b) Refunds.—The Administrator may refund any fee paid by mistake or any amount paid in excess of that required.

(c) Receipts Credited to Account.—Notwithstanding section 3302 of title 31, all fees and amounts collected by the Administration, except insurance premiums and other fees charged for the provision of insurance and deposited in the Aviation Insurance Revolving Fund and interest earned on investments of such Fund, and except amounts which on September 30, 1996, are required to be credited to the general fund of the Treasury (whether imposed under this section or not)—

(1) shall be credited to a separate account established in the Treasury and made available for Administration activities;

(2) shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and

(3) shall remain available until expended.

(d) Annual Budget Report by Administrator.—The Administrator shall, on the same day each year as the President submits the annual budget to Congress, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

(1) a list of fee collections by the Administration during the preceding fiscal year;

(2) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations;

(3) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;

(4) any proposed disposition of surplus fees by the Administration; and

(5) such other information as those committees consider necessary.

(e) Development of Cost Accounting System.—The Administration shall develop a cost accounting system that adequately and accurately reflects the investments, operating and overhead costs, revenues, and other financial measurement and reporting aspects of its operations.

(f) Compensation to Carriers for Acting as Collection Agents.—The Administration shall prescribe regulations to ensure that any air carrier required, pursuant to the Air Traffic Management System Performance Improvement Act of 1996 or any amendments made by that Act, to collect a fee imposed on another party by the Administrator may collect from such other party an additional uniform amount that the Administrator determines reflects the necessary and reasonable expenses (net of interest accruing to the carrier after collection and before remittance) incurred in collecting and handling the fee.

(g) Data Transparency.—

(1) Air traffic services initial data report.—

(A) Initial report.—Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator and the Chief Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calculations for each segment of air traffic services users:

(i) The total costs allocable to the use of air traffic services for that segment during such fiscal year.

(ii) The total revenues received from that segment during such fiscal year.

(B) Validation of model.—

(i) Review and determination.—Not later than 3 months after completion of the initial report required under subparagraph (A), the inspector general of the Department of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to complete the calculations required under subparagraph (A).

(ii) Validation process.—In the event that the inspector general determines that the model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A) is not valid—

(I) the inspector general shall provide the Administrator and Chief Operating Officer recommendations on how to revise the model;

(II) the Administrator and the Chief Operating Officer shall complete the calculations required by subparagraph (A) utilizing the revised model and resubmit the revised initial report required under subparagraph (A) to the inspector general; and

(III) not later than 3 months after completion of the revised initial report required under subparagraph (A), the inspector general shall review and determine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A).

(iii) Access to data.—The Administrator and the Chief Operating Officer shall provide the inspector general of the Department of Transportation with unfettered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e).

(C) Report to congress.—Not later than 60 days after completion of the review and receiving a determination that the model used is valid under subparagraph (B), the Administrator and the Chief Operating Officer shall submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under subparagraph (A).

(D) Publication.—Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer shall publish the initial report, including any revision thereto if required as a result of the validation process for the model.

(2) Air traffic services biennial data reporting.—

(A) Biennial data reporting.—Not later than March 31, 2019, and biennially thereafter for 14 years, the Administrator and the Chief Operating Officer shall, using the validated model, complete the following calculations for each segment of air traffic services users for the most recent full fiscal year:

(i) The total costs allocable to the use of the air traffic services for that segment.

(ii) The total revenues received from that segment.

(B) Report to congress.—Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating Officer shall complete and submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report containing the results of such calculations.

(C) Publication.—Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations.

(3) Segments of air traffic services users.—

(A) In general.—For purposes of this subsection, each of the following shall constitute a separate segment of air traffic services users:

(i) Passenger air carriers conducting operations under part 121 of title 14, Code of Federal Regulations.

(ii) All-cargo air carriers conducting operations under part 121 of such title.

(iii) Operators covered by part 125 of such title.

(iv) Air carriers and operators of piston-engine aircraft operating under part 135 of such title.

(v) Air carriers and operators of turbine-engine aircraft operating under part 135 of such title.

(vi) Foreign air carriers providing passenger air transportation.

(vii) Foreign air carriers providing all-cargo air transportation.

(viii) Operators of turbine-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.

(ix) Operators of piston-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.

(x) Operators covered by subpart (K) of part 91 of such title.

(xi) Operators covered by part 133 of such title.

(xii) Operators covered by part 136 of such title.

(xiii) Operators covered by part 137 of such title.

(xiv) Operators of public aircraft that qualify under section 40125.

(xv) Operators of aircraft that neither take off from, nor land in, the United States.

(B) Additional segments.—The Secretary may identify and include additional segments of air traffic users under subparagraph (A) as revenue and air traffic services cost data become available for that additional segment of air traffic services users.

(4) Definitions.—For purposes of this subsection:

(A) Air traffic services.—The term "air traffic services" means services—

(i) used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information; and

(ii) provided directly, or contracted for, by the Federal Aviation Administration.

(B) Air traffic services user.—The term "air traffic services user" means any individual or entity using air traffic services provided directly, or contracted for, by the Federal Aviation Administration within United States airspace or international airspace delegated to the United States.

(Added Pub. L. 104–264, title II, §276(a)(2), Oct. 9, 1996, 110 Stat. 3247; amended Pub. L. 115–254, div. B, title V, §519, Oct. 5, 2018, 132 Stat. 3359; Pub. L. 118–63, title VI, §607, May 16, 2024, 138 Stat. 1225.)

Editorial Notes

References in Text

The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

Prior Provisions

A prior section 45303 was renumbered section 45304 of this title.

Amendments

2024—Subsec. (g)(2)(A). Pub. L. 118–63 substituted "14 years" for "8 years" in introductory provisions.

2018—Subsec. (g). Pub. L. 115–254 added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Except as otherwise specifically provided, section 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 an Effective Date of 1996 Amendment note under section 106 of this title.

§45304. Maximum fees for private person services

The Administrator of the Federal Aviation Administration may establish maximum fees that private persons may charge for services performed under a delegation to the person under section 44702(d) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225, §45303; renumbered §45304, Pub. L. 104–264, title II, §276(a)(1), Oct. 9, 1996, 110 Stat. 3247.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
45303	49 App.:1355(a) (last sentence related to fees).	Aug. 23, 1958, Pub. L. 85–726, §314(a) (last sentence related to fees), 72 Stat. 754.
	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 "Administrator" in section 314(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754) is retained on authority of 49:106(g). The words "services performed under a delegation to the person under section 44702(d) of this title" are substituted for "their services" because of the restatement.

§45305. Registration, certification, and related fees

(a) General Authority and Fees.—Subject to subsection (c), the Administrator of the Federal Aviation Administration shall establish and collect a fee for each of the following services and activities of the Administration that does not exceed the estimated costs of the service or activity:

(1) Registering an aircraft.

(2) Reregistering, replacing, or renewing an aircraft registration certificate.

(3) Issuing an original dealer's aircraft registration certificate.

(4) Issuing an additional dealer's aircraft registration certificate (other than the original).

(5) Issuing a special registration number.

(6) Issuing a renewal of a special registration number reservation.

(7) Recording a security interest in an aircraft or aircraft part.

(8) Issuing an airman certificate.

(9) Issuing a replacement airman certificate.

(10) Issuing an airman medical certificate.

(11) Providing a legal opinion pertaining to aircraft registration or recordation.

(b) Certification Services.—Subject to subsection (c), and notwithstanding section 45301(a), the Administrator may establish and collect a fee from a foreign government or entity for services related to certification, regardless of where the services are provided, if the fee—

(1) is established and collected in a manner consistent with aviation safety agreements; and

(2) does not exceed the estimated costs of the services.

(c) Limitation on Collection.—No fee may be collected under this section unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

(d) Fees Credited as Offsetting Collections.—

(1) In general.—Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall—

(A) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting the fee; and

(C) remain available until expended.

(2) Continuing appropriations.—The Administrator may continue to assess, collect, and spend fees established under this section during any period in which the funding for the Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration's regular appropriations.

(3) Adjustments.—The Administrator shall adjust a fee established under subsection (a) for a service or activity if the Administrator determines that the actual cost of the service or activity is higher or lower than was indicated by the cost data used to establish such fee.

(Added Pub. L. 112–95, title I, §122(a), Feb. 14, 2012, 126 Stat. 19; amended Pub. L. 115–254, div. B, title II, §244, Oct. 5, 2018, 132 Stat. 3260.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §244(1), substituted "Subject to subsection (c)" for "Subject to subsection (b)" in introductory provisions.

Subsecs. (b) to (d). Pub. L. 115–254, §244(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

§45306. Manual surcharge

(a) In General.—Not later 3 years after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall impose and collect a surcharge on a Civil Aviation Registry transaction that—

(1) is conducted in person at the Civil Aviation Registry;

(2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency by electronic or other remote means; and

(3) is not related to research or other non-commercial activities.

(b) Maximum Surcharge.—A surcharge imposed and collected under subsection (a) shall not exceed twice the maximum fee the Administrator is authorized to charge for the registration of an aircraft, not used to provide air transportation, after the transfer of ownership under section 45302(b)(2).

(c) Credit to Account and Availability.—Monies collected from a surcharge imposed under subsection (a) shall be treated as monies collected under section 45302 and subject to the terms and conditions set forth in section 45302(d).

(Added Pub. L. 115–254, div. B, title V, §546(d), Oct. 5, 2018, 132 Stat. 3376.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.

subpart iv—enforcement and penalties

CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS

        

Editorial Notes

Amendments

2003—Pub. L. 108–176, title VI, §601(b), Dec. 12, 2003, 117 Stat. 2563, added item 46111.

2001—Pub. L. 107–71, title I, §140(b)(8), Nov. 19, 2001, 115 Stat. 641, substituted "Department of Transportation" for "Secretary of Transportation and Administrator of the Federal Aviation Administration" in item 46106.

§46101. Complaints and investigations

(a) General.—(1) A person may file a complaint in writing with the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall investigate the complaint if a reasonable ground appears to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration for the investigation.

(2) On the initiative of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may conduct an investigation, if a reasonable ground appears to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration for the investigation, about—

(A) a person violating this part or a requirement prescribed under this part; or

(B) any question that may arise under this part.

(3) The Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may dismiss a complaint without a hearing when the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration is of the opinion that the complaint does not state facts that warrant an investigation or action.

(4) After notice and an opportunity for a hearing and subject to section 40105(b) of this title, the Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall issue an order to compel compliance with this part if the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration finds in an investigation under this subsection that a person is violating this part.

(b) Complaints Against Members of Armed Forces.—The Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall refer a complaint against a member of the armed forces of the United States performing official duties to the Secretary of the department concerned for action. Not later than 90 days after receiving the complaint, the Secretary of that department shall inform the Secretary of Transportation, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration of the action taken on the complaint, including any corrective or disciplinary action taken.

(c) Prohibition on Using ADS–B Out Data to Initiate an Investigation.—

(1) In general.—Notwithstanding any other provision of this section, the Administrator of the Federal Aviation Administration may not initiate an investigation (excluding a criminal investigation) of a person based exclusively on automatic dependent surveillance–broadcast data.

(2) Rule of construction.—Nothing in this subsection shall prohibit the use of automatic dependent surveillance–broadcast data in an investigation that was initiated for any reason other than the review of automatic dependent surveillance–broadcast data, including if such investigation was initiated as a result of a report or complaint submitted to the Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1)–(3), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642; Pub. L. 118–63, title VIII, §829, May 16, 2024, 138 Stat. 1336.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46101(a)(1)	49 App.:1482(a) (1st, 2d sentences).	Aug. 23, 1958, Pub. L. 85–726, §1002(a), (b), 72 Stat. 788.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46101(a)(2)	49 App.:1482(b).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46101(a)(3)	49 App.:1482(a) (3d sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46101(a)(4)	49 App.:1482(c).	Aug. 23, 1958, Pub. L. 85–726, §1002(c), 72 Stat. 789; Feb. 15, 1980, Pub. L. 96–192, §25, 94 Stat. 47.
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46101(b)	49 App.:1482(a) (4th, last sentences).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsection (a)(1), the words "the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part" are substituted for "the Secretary of Transportation or the Board, as to matters within their respective jurisdictions . . . with respect to anything done or omitted to be done by any person in contravention of any provisions of this chapter, or of any requirement established pursuant thereto" for clarity and because of the restatement. The words "Except as provided in subsection (b) of this section" are added because of the restatement of the source provisions in subsection (b) of this section. The words "If the person complained against shall not satisfy the complaint and" are omitted as surplus.

In subsection (a)(2), before clause (A), the words "the Secretary of Transportation or the Administrator, as appropriate" are substituted for "The Secretary of Transportation or Board, with respect to matters within their respective jurisdictions" to eliminate unnecessary words. The words "if a reasonable ground appears to the Secretary or Administrator for the investigation" are substituted for 49 App.:1482(b) (last sentence) for clarity and to eliminate unnecessary words. Clause (A) is substituted for "in any case and as to any matter or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Secretary of Transportation or Board by any provision of this chapter . . . or relating to the enforcement of any of the provisions of this chapter" for clarity and to eliminate unnecessary words.

In subsection (a)(4), the words "an opportunity for a" are added for consistency in the revised title and with other titles of the United States Code. The words "compel compliance with this part" are substituted for "compel such person to comply therewith" for clarity. The words "in an investigation under this subsection" are substituted for "in any investigation instituted upon complaint or upon their own initiative" to eliminate unnecessary words. The words "is violating this part" are substituted for "has failed to comply with any provision of this chapter or any requirement established pursuant thereto" for clarity and to eliminate unnecessary words. The words "with respect to matters within their jurisdiction" are omitted as unnecessary because of the restatement.

Editorial Notes

Amendments

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

2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever appearing.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.

Subsec. (a)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), (2), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or" and substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.

Subsec. (a)(2). Pub. L. 107–71, §140(b)(2), (3), in introductory provisions, substituted ", Under Secretary, or Administrator, as" for "of Transportation or the Administrator, as" and substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.

Subsec. (a)(3), (4). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.

Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.

Statutory Notes and Related Subsidiaries

Authority for Legal Counsel To Issue Certain Notices

Pub. L. 115–254, div. B, title III, §396, Oct. 5, 2018, 132 Stat. 3327, provided that: "Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall designate the appropriate legal counsel of the [Federal Aviation] Administration as an appropriate official for purposes of section 13.11 of title 14, Code of Federal Regulations."

§46102. Proceedings

(a) Conducting Proceedings.—Subject to subchapter II of chapter 5 of title 5, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may conduct proceedings in a way conducive to justice and the proper dispatch of business.

(b) Appearance.—A person may appear and be heard before the Secretary, the Administrator of the Transportation Security Administration, and the Administrator of the Federal Aviation Administration in person or by an attorney. The Secretary may appear and participate as an interested party in a proceeding the Administrator of the Federal Aviation Administration conducts under section 40113(a) of this title.

(c) Recording and Public Access.—Official action taken by the Secretary, Administrator of the Transportation Security Administration, and Administrator of the Federal Aviation Administration under this part shall be recorded. Proceedings before the Secretary, Administrator of the Transportation Security Administration, and Administrator of the Federal Aviation Administration shall be open to the public on the request of an interested party unless the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides that secrecy is required because of national defense.

(d) Conflicts of Interest.—The Secretary, the Administrator of the Transportation Security Administration, the Administrator of the Federal Aviation Administration, or an officer or employee of the Federal Aviation Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1), (2), (4)–(6), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(5), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46102(a)	49 App.:1481 (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §1001, 72 Stat. 788.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46102(b)	49 App.:1481 (3d, 4th sentences).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46102(c)	49 App.:1481 (last sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46102(d)	49 App.:1481 (2d sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsection (a), the cross-reference to chapter 7 of title 5 is omitted as unnecessary.

In subsection (b), the text of 49 App.:1481 (4th sentence words after last comma) is omitted as obsolete. The words "National Transportation Safety Board" were substituted for "Board" in 49 App.:1481 (4th sentence) because 49 App.:1655(d) transferred all functions, duties, and powers of the Civil Aeronautics Board under titles VI and VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775) to the Secretary of Transportation to be carried out through the former National Transportation Safety Board in the Department of Transportation. Title VI includes sections 602 and 609 [49 App.:1422, 1429], that provide for appeals to the Civil Aeronautics Board (subsequently transferred to the National Transportation Safety Board), and section 611(e) [49 App.:1431(e)], that provides for appeals to the National Transportation Safety Board. Under 49 App.:1902(a), the National Transportation Safety Board in the Department of Transportation was replaced by an independent National Transportation Safety Board outside the Department, and 49 App.:1903(a)(9)(A) gave the independent Board the authority to review appeals from actions of the Secretary under 49 App.:1422, 1429, and 1431(e).

In subsection (c), the words "vote and" are omitted as surplus.

In subsection (d), the words "officer or employee of the Administration" are substituted for "member" for clarity and consistency in the revised title and with other titles of the United States Code. The words "hearing or" are omitted as surplus. The words "referred to in subsection (a) of this section" are added for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

Subsec. (b). Pub. L. 115–254, §1991(f)(5)(A), substituted "the Administrator of the Federal Aviation Administration" for "the Administrator" in two places.

Subsec. (c). Pub. L. 115–254, §1991(f)(5)(B), substituted "and Administrator of the Federal Aviation Administration" for "and Administrator" in two places.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator".

Subsec. (d). Pub. L. 115–254, §1991(f)(5)(C), substituted "the Administrator of the Federal Aviation Administration, or an officer or employee of the Federal Aviation Administration" for "the Administrator, or an officer or employee of the Administration".

2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsec. (b). Pub. L. 107–71, §140(b)(4), substituted ", the Under Secretary, and the Administrator" for "and the Administrator".

Subsec. (c). Pub. L. 107–71, §140(b)(2), (5), substituted ", Under Secretary, and Administrator" for "and Administrator" in two places and ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (d). Pub. L. 107–71, §140(b)(6), inserted "the Under Secretary," after "Secretary,".

§46103. Service of notice, process, and actions

(a) Designating Agents.—(1) Each air carrier and foreign air carrier shall designate an agent on whom service of notice and process in a proceeding before, and an action of, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may be made.

(2) The designation—

(A) shall be in writing and filed with the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration; and

(B) may be changed in the same way as originally made.

(b) Service.—(1) Service may be made—

(A) by personal service;

(B) on a designated agent;

(C) by certified or registered mail to the person to be served or the designated agent of the person;

(D) by electronic or facsimile transmission to the person to be served or the designated agent of the person; or

(E) as designated by regulation or guidance published in the Federal Register.

(2) The date of service made by certified or registered mail is the date of mailing.

(3) The date of service made by an electronic or facsimile method is—

(A) the date an electronic or facsimile transmission is sent; or

(B) the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database.

(c) Serving Agents.—Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent. If an air carrier or foreign air carrier does not have a designated agent, service may be made by posting the notice, process, or action in the office of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642; Pub. L. 118–63, title II, §219, May 16, 2024, 138 Stat. 1057.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46103(a)	49 App.:1485(b) (1st sentence).	Aug. 23, 1958, Pub. L. 85–726, §1005(b), 72 Stat. 794..
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46103(b)	49 App.:1485(c).	Aug. 23, 1958, Pub. L. 85–726, §1005(c), 72 Stat. 794; restated Aug. 25, 1959, Pub. L. 86–199, 73 Stat. 427.
46103(c)	49 App.:1485(b) (last sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsection (a)(1), the words "in a proceeding before" are added for clarity. The word "action" is substituted for "orders, decisions, and requirements" to eliminate unnecessary words. The words "for and on behalf of said carrier" are omitted as surplus.

In subsection (a)(2)(B), the words "from time to time" are omitted as surplus.

In subsection (b)(1)(B), the words "in writing for the purpose" are omitted as surplus.

In subsection (b)(1)(C), the word "addressed" is omitted as surplus.

In subsection (b)(2), the word "date" is substituted for "time" for clarity and consistency.

In subsection (c), the words "with like effect as if made personally upon such carrier" are omitted as surplus.

Editorial Notes

Amendments

2024—Subsec. (b)(1)(D), (E). Pub. L. 118–63, §219(1)(A), added subpars. (D) and (E).

Subsec. (b)(3). Pub. L. 118–63, §219(1)(B), added par. (3).

Subsec. (c). Pub. L. 118–63, §219(2), substituted "Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent." for "Service on an agent designated under this section shall be made at the office or usual place of residence of the agent."

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

Subsec. (a)(2)(A). Pub. L. 115–254, §1991(f)(2), (4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," and "or Administrator of the Federal Aviation Administration" for "or Administrator".

Subsec. (c). Pub. L. 115–254, §1991(f)(2), (4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," and "or Administrator of the Federal Aviation Administration" for "or Administrator".

2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsec. (a)(2)(A). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46104. Evidence

(a) General.—In conducting a hearing or investigation under this part, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may—

(1) subpoena witnesses and records related to a matter involved in the hearing or investigation from any place in the United States to the designated place of the hearing or investigation;

(2) administer oaths;

(3) examine witnesses; and

(4) receive evidence at a place in the United States the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration designates.

(b) Compliance With Subpoenas.—If a person disobeys a subpoena, the Secretary, the Administrator of the Transportation Security Administration, the Administrator of the Federal Aviation Administration, or a party to a proceeding before the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may petition a court of the United States to enforce the subpoena. A judicial proceeding to enforce a subpoena under this section may be brought in the jurisdiction in which the proceeding or investigation is conducted. The court may punish a failure to obey an order of the court to comply with the subpoena as a contempt of court.

(c) Depositions.—(1) In a proceeding or investigation, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may order a person to give testimony by deposition and to produce records. If a person fails to be deposed or to produce records, the order may be enforced in the same way a subpoena may be enforced under subsection (b) of this section.

(2) A deposition may be taken before an individual designated by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration and having the power to administer oaths.

(3) Before taking a deposition, the party or the attorney of the party proposing to take the deposition must give reasonable notice in writing to the opposing party or the attorney of record of that party. The notice shall state the name of the witness and the time and place of taking the deposition.

(4) The testimony of a person deposed under this subsection shall be under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. Each deposition shall be filed promptly with the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.

(5) If the laws of a foreign country allow, the testimony of a witness in that country may be taken by deposition—

(A) by a consular officer or an individual commissioned by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration or agreed on by the parties by written stipulation filed with the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration; or

(B) under letters rogatory issued by a court of competent jurisdiction at the request of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.

(d) Witness Fees and Mileage and Certain Foreign Country Expenses.—A witness summoned before the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration or whose deposition is taken under this section and the individual taking the deposition are each entitled to the same fee and mileage that the witness and individual would have been paid for those services in a court of the United States. Under regulations of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall pay the necessary expenses incident to executing, in another country, a commission or letter rogatory issued at the initiative of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.

(e) Designating Employees To Conduct Hearings.—When designated by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, an employee appointed under section 3105 of title 5 may conduct a hearing, subpoena witnesses, administer oaths, examine witnesses, and receive evidence at a place in the United States the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration designates. On request of a party, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall hear or receive argument.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), (6), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), (6), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46104(a)	49 App.:1354(c) (related to this chapter).	Aug. 23, 1958, Pub. L. 85–726, §§313(c) (related to this Act), 1004(a)–(h), 72 Stat. 753, 792.
	49 App.:1484(a) (related to member of the Board), (b) (1st sentence), (c) (1st sentence).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46104(b)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(c) (last sentence), (d).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(c)(1)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(e) (1st, last sentences).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(c)(2)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(e) (2d sentence).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(c)(3)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(e) (3d sentence).
	49 App.:1655(c)(1).
46104(c)(4)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(f).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(c)(5)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(g).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(d)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(b) (last sentence), (h).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46104(e)	49 App.:1354(c) (related to this chapter).
	49 App.:1484(a) (related to examiner).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In this section, the word "Administrator" in section 313(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g).

Subsection (a)(1) is substituted for "sign and issue subpenas", "shall have the power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation", and "The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in the United States, at any designated place of hearing" in 49 App.:1484 for clarity and consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b), the words "petition a court of the United States to enforce the subpena" are substituted for "invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section" in 49 App.:1484(c) to eliminate unnecessary words. The words "to enforce a subpena under this section" are substituted for "in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Board (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question" in 49 App.:1484(d) to eliminate unnecessary words.

In subsection (c)(1), the words "pending before it, at any stage of such proceeding or investigation" in 49 App.:1484(e) are omitted as surplus. The words "a person to give" are substituted for "to be taken", and the words "to produce records" are added, for clarity and consistency. The last sentence is substituted for 49 App.:1484(e) (last sentence) for clarity and consistency and to eliminate unnecessary words.

In subsection (c)(4), the words "shall be cautioned . . . to testify the whole truth, and shall be carefully examined" in 49 App.:1484(f) are omitted as surplus. The words "shall be under oath" are substituted for "shall be required to swear (or affirm, if he so requests)" for consistency and because of 1:1.

In subsection (d), the words "that the witness and individual would have been" are added for clarity and consistency in the revised title and with other titles of the Code. The words "fees, charges, or" and "on the subject" are omitted as surplus.

In subsection (e), the words "duly . . . for such purpose" are omitted as surplus. The words "employee appointed under section 3105 of title 5" are substituted for "examiner", and the words "subpena witnesses" are substituted for "sign and issue subpenas", for consistency in the revised title and with other titles of the Code. The words "In all cases heard by an examiner or a single member" are omitted as surplus.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(f)(6)(A), substituted "subpoena" for "subpena" wherever appearing.

Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever appearing.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)" in introductory provisions.

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary" in introductory provisions.

Subsec. (b). Pub. L. 115–254, §1991(f)(6)(B), substituted "Subpoenas" for "Subpenas" in heading and "the Administrator of the Federal Aviation Administration, or" for "the Administrator, or" in text.

2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), in introductory provisions inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsec. (a)(4). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (b). Pub. L. 107–71, §140(b)(2), (6), inserted "the Under Secretary," after 'Secretary," and substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsecs. (c) to (e). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.

§46105. Regulations and orders

(a) Effectiveness of Orders.—Except as provided in this part, a regulation prescribed or order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) takes effect within a reasonable time prescribed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration. The regulation or order remains in effect under its own terms or until superseded. Except as provided in this part, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration may amend, modify, or suspend an order in the way, and by giving the notice, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides.

(b) Contents and Service of Orders.—An order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall include the findings of fact on which the order is based and shall be served on the parties to the proceeding and the persons affected by the order.

(c) Emergencies.—When the Administrator of the Federal Aviation Administration is of the opinion that an emergency exists related to safety in air commerce and requires immediate action, the Administrator, on the initiative of the Administrator or on complaint, may prescribe regulations and issue orders immediately to meet the emergency, with or without notice and without regard to this part and subchapter II of chapter 5 of title 5. The Administrator shall begin a proceeding immediately about an emergency under this subsection and give preference, when practicable, to the proceeding.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1228; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), (7), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46105(a)	49 App.:1485(a) (words before 1st proviso), (d), (e).	Aug. 23, 1958, Pub. L. 85–726, §1005(a), (d)–(f), 72 Stat. 794.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46105(b)	49 App.:1485(f).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46105(c)	49 App.:1485(a) (provisos).
	49 App.:1655(c)(1).

In subsection (a), the words "under its own terms or until superseded" are substituted for "until their further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation" for clarity and to eliminate unnecessary words. The word "amend" is added for consistency in the revised title. The text of 49 App.:1485(e) is omitted as surplus.

In subsection (c), the words "without complaint" and "if he so orders" are omitted as surplus. The words "prescribe . . . issue" are substituted for "make" for consistency in the revised title and with other titles of the United States Code. The words "just and reasonable" and "as may be essential in the interest of safety in air commerce" are omitted as surplus. The words "without regard to this part and subchapter II of chapter 5 of title 5" are substituted for "without answer or other form of pleading by the interested person or persons, and . . . hearing, or the making or filing of a report" to eliminate unnecessary words. The words "over all others under this chapter" are omitted as surplus.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever appearing.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

Subsec. (c). Pub. L. 115–254, §1991(f)(7), substituted "When the Administrator of the Federal Aviation Administration" for "When the Administrator".

2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), (2), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or" and substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.

Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46106. Enforcement by the Department of Transportation

The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may bring a civil action against a person in a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The action may be brought in the judicial district in which the person does business or the violation occurred.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (7), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1), (3), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46106	49 App.:1487(a) (related to Secretary and CAB).	Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to Administrator and CAB), 72 Stat. 796.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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 "their duly authorized agents" are omitted as surplus. The words "may bring a civil action" are substituted for "may apply" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word "prescribed" is added for consistency in the revised title and with other titles of the Code. The words "condition, or limitation" are omitted as being included in "term". The text of 49 App.:1487(a) (words after semicolon related to Secretary and CAB) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

2001—Pub. L. 107–71, §140(b)(7), substituted "Department of Transportation" for "Secretary of Transportation and Administrator of the Federal Aviation Administration" in section catchline.

Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

§46107. Enforcement by the Attorney General

(a) Civil Actions To Enforce Section 40106(b).—The Attorney General may bring a civil action in a district court of the United States against a person to enforce section 40106(b) of this title. The action may be brought in the judicial district in which the person does business or the violation occurred.

(b) Civil Actions To Enforce This Part.—(1) On request of the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration), the Attorney General may bring a civil action in an appropriate court—

(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part; and

(B) to prosecute a person violating this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part.

(2) The costs and expenses of a civil action shall be paid out of the appropriations for the expenses of the courts of the United States.

(c) Participation of Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration.—On request of the Attorney General, the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, may participate in a civil action under this part.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46107(a)	49 App.:1487(a) (related to Attorney General).	Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to Attorney General), 72 Stat. 796; Aug. 5, 1974, Pub. L. 93–366, §108, 88 Stat. 414.
46107(b)	49 App.:1487(b) (related to Secretary and CAB).	Aug. 23, 1958, Pub. L. 85–726, §§1007(b) (related to Administrator and CAB), 1008 (related to Administrator and CAB), 72 Stat. 796.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46107(c)	49 App.:1488 (related to Secretary and CAB).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsection (a), the words "may bring a civil action" are substituted for "may apply" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after semicolon related to Attorney General) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.

In subsection (b)(1), before clause (A), the words "Attorney General" are substituted for "any district attorney of the United States to whom the Board or Secretary of Transportation may apply", and the words "under the direction of the Attorney General" are omitted, because of 28:503 and 509. The words "bring a civil action" are substituted for "institute . . . and to prosecute . . . all necessary proceedings" for consistency in the revised title and with other titles of the Code and rule 2 of the Federal Rules of Civil Procedure. In clauses (A) and (B), the words "prescribed" and "issued" are added for consistency in the revised title and with other titles of the Code. The words "condition, or limitation" are omitted as being included in "term".

In subsection (b)(2), the words "civil action" are substituted for "prosecutions" for consistency in the revised title and with other titles of the Code.

In subsection (c), the words "civil action" are substituted for "proceeding in court" for consistency in the revised title and with other titles of the Code and rule 2 of the Federal Rules of Civil Procedure.

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)" in introductory provisions.

Pub. L. 115–254, §1991(f)(1), in introductory provisions, substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

Subsec. (c). Pub. L. 115–254, §1991(f)(4), which directed substitution of "Administrator of the Transportation Security Administration," for "Under Secretary,", was executed by making the substitution in heading and text to reflect the probable intent of Congress.

Pub. L. 115–254, §1991(f)(2), which directed substitution of "or Administrator of the Federal Aviation Administration" for "or Administrator", was executed by making the substitution in heading and text to reflect the probable intent of Congress.

2001—Subsec. (b)(1). Pub. L. 107–71, §140(b)(1), in introductory provisions, inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" in heading and text.

§46108. Enforcement of certificate requirements by interested persons

An interested person may bring a civil action in a district court of the United States against a person to enforce section 41101(a)(1) of this title. The action may be brought in the judicial district in which the defendant does business or the violation occurred.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46108	49 App.:1487(a) (related to party in interest).	Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to party in interest), 72 Stat. 796.

The words "interested person" are substituted for "party in interest" for consistency. The words "may bring a civil action" are substituted for "may apply" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after semicolon related to party in interest) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.

§46109. Joinder and intervention

A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part may be joined as a party or permitted to intervene in the proceeding or civil action.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 115–254, div. K, title I, §1991(f)(8), Oct. 5, 2018, 132 Stat. 3642.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46109	49 App.:1489.	Aug. 23, 1958, Pub. L. 85–726, §1009, 72 Stat. 796.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The words "proceeding . . . or civil action" are substituted for "proceeding . . . whether such proceedings be instituted . . . or be begun originally in any court of the United States" for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "prescribed . . . issued" are added for consistency in the revised title and with other titles of the Code. The words "condition, or limitation" are omitted as being included in "term". The words "may be joined as a party or permitted to intervene" are substituted for "it shall be lawful to include as parties, or to permit the intervention of" for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.

Editorial Notes

Amendments

2018—Pub. L. 115–254 inserted "(or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator)" after "Secretary of Transportation".

§46110. Judicial review

(a) Filing and Venue.—Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day.

(b) Judicial Procedures.—When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in section 2112 of title 28.

(c) Authority of Court.—When the petition is sent to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to conduct further proceedings. After reasonable notice to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, the court may grant interim relief by staying the order or taking other appropriate action when good cause for its action exists. Findings of fact by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, if supported by substantial evidence, are conclusive.

(d) Requirement for Prior Objection.—In reviewing an order under this section, the court may consider an objection to an order of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration only if the objection was made in the proceeding conducted by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration or if there was a reasonable ground for not making the objection in the proceeding.

(e) Supreme Court Review.—A decision by a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 108–176, title II, §228, Dec. 12, 2003, 117 Stat. 2532; Pub. L. 115–254, div. K, title I, §1991(f)(1)–(4), Oct. 5, 2018, 132 Stat. 3642; Pub. L. 118–63, title XI, §1101(s), May 16, 2024, 138 Stat. 1414.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46110(a)	49 App.:1486(a), (b) (as 1486(a), (b) relates to Secretary and CAB).	Aug. 23, 1958, Pub. L. 85–726, §1006(a), (b), (e), (f) (as §1006(a), (b), (e), (f) relates to Administrator and CAB), 72 Stat. 795.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46110(b)	49 App.:1486(c) (related to Secretary and CAB).	Aug. 23, 1958, Pub. L. 85–726, §1006(c) (related to Administrator and CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, §1, 74 Stat. 255.
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46110(c)	49 App.:1486(d) (related to Secretary and CAB).	Aug. 23, 1958, Pub. L. 85–726, §1006(d) (related to Administrator and CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, §2, 75 Stat. 497.
	49 App.:1486(e) (1st sentence related to Secretary and CAB).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46110(d)	49 App.:1486(e) (last sentence) (related to Secretary and CAB).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).
46110(e)	49 App.:1486(f) (related to Secretary and CAB).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In subsections (a)–(d), the word "Administrator" in section 1006 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 795) is retained on authority of 49:106(g).

In subsection (a), the words "affirmative or negative" are omitted as surplus. The words "is issued" are substituted for "the entry of" for consistency in the revised title and with other titles of the United States Code.

In subsection (b), the words "if any" are omitted as surplus. The words "of any proceeding" are added for clarity. The words "complained of" are omitted as surplus.

In subsection (c), the word "amend" is added for consistency in the revised title. The word "interim" is substituted for "interlocutory" for clarity. The words "taking other appropriate action" are substituted for "by such mandatory or other relief as may be appropriate" for clarity and to eliminate unnecessary words.

In subsection (d), the words "made in the proceeding conducted by" are substituted for "urged before" for clarity.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–63 substituted "subsection (l) or (r) of section 114" for "subsection (l) or (s) of section 114".

2018—Pub. L. 115–254, §1991(f)(4), substituted "Administrator of the Transportation Security Administration," for "Under Secretary," wherever appearing.

Pub. L. 115–254, §1991(f)(2), substituted "or Administrator of the Federal Aviation Administration" for "or Administrator" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(f)(3), substituted "by the Administrator of the Federal Aviation Administration)" for "by the Administrator)".

Pub. L. 115–254, §1991(f)(1), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary".

2003—Subsec. (a). Pub. L. 108–176, in first sentence, struck out "safety" before "duties and powers designated to be carried out by the Administrator)" and substituted "in whole or in part under this part, part B, or subsection (l) or (s) of section 114" for "under this part".

2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

Subsecs. (b) to (d). Pub. L. 107–71, §140(b)(2), substituted ", Under Secretary, or Administrator" for "or Administrator" wherever appearing.

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.

§46111. Certificate actions in response to a security threat

(a) Orders.—The Administrator of the Federal Aviation Administration shall issue an order amending, modifying, suspending, or revoking any part of a certificate issued under this title if the Administrator of the Federal Aviation Administration is notified by the Administrator of the Transportation Security Administration that the holder of the certificate poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety. If requested by the Administrator of the Transportation Security Administration, the order shall be effective immediately.

(b) Hearings for Citizens.—An individual who is a citizen of the United States who is adversely affected by an order of the Administrator of the Federal Aviation Administration under subsection (a) is entitled to a hearing on the record.

(c) Hearings.—When conducting a hearing under this section, the administrative law judge shall not be bound by findings of fact or interpretations of laws and regulations of the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration.

(d) Appeals.—An appeal from a decision of an administrative law judge as the result of a hearing under subsection (b) shall be made to the Transportation Security Oversight Board established by section 115. The Board shall establish a panel to review the decision. The members of this panel (1) shall not be employees of the Transportation Security Administration, (2) shall have the level of security clearance needed to review the determination made under this section, and (3) shall be given access to all relevant documents that support that determination. The panel may affirm, modify, or reverse the decision.

(e) Review.—A person substantially affected by an action of a panel under subsection (d), or the Administrator of the Transportation Security Administration when the Administrator of the Transportation Security Administration decides that the action of the panel under this section will have a significant adverse impact on carrying out this part, may obtain review of the order under section 46110. The Administrator of the Transportation Security Administration and the Administrator of the Federal Aviation Administration shall be made a party to the review proceedings. Findings of fact of the panel are conclusive if supported by substantial evidence.

(f) Explanation of Decisions.—An individual who commences an appeal under this section shall receive a written explanation of the basis for the determination or decision and all relevant documents that support that determination to the maximum extent that the national security interests of the United States and other applicable laws permit.

(g) Classified Evidence.—

(1) In general.—The Administrator of the Transportation Security Administration, in consultation with the Administrator of the Federal Aviation Administration and the Director of Central Intelligence, shall issue regulations to establish procedures by which the Administrator of the Transportation Security Administration, as part of a hearing conducted under this section, may provide an unclassified summary of classified evidence upon which the order of the Administrator of the Federal Aviation Administration was based to the individual adversely affected by the order.

(2) Review of classified evidence by administrative law judge.—

(A) Review.—As part of a hearing conducted under this section, if the order of the Administrator of the Federal Aviation Administration issued under subsection (a) is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Administrator of the Transportation Security Administration to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera.

(B) Security clearances.—Pursuant to existing procedures and requirements, the Administrator of the Transportation Security Administration shall, in coordination, as necessary, with the heads of other affected departments or agencies, ensure that administrative law judges reviewing orders of the Administrator of the Federal Aviation Administration under this section possess security clearances appropriate for their work under this section.

(3) Unclassified summaries of classified evidence.—As part of a hearing conducted under this section and upon the request of the individual adversely affected by an order of the Administrator of the Federal Aviation Administration under subsection (a), the Administrator of the Transportation Security Administration shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under paragraph (1), an unclassified summary of any classified information upon which the order of the Administrator of the Federal Aviation Administration is based.

(Added Pub. L. 108–176, title VI, §601(a), Dec. 12, 2003, 117 Stat. 2561; amended Pub. L. 115–254, div. B, title V, §539(l), div. K, title I, §1991(f)(9), Oct. 5, 2018, 132 Stat. 3371, 3643.)

Editorial Notes

References in Text

Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(2)(A), is section 1(a) of Pub. L. 96–456, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

2018—Pub. L. 115–254, §1991(f)(9)(D), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(f)(9)(A), inserted "the" before "Federal Aviation Administration shall issue" and substituted "Administrator of the Federal Aviation Administration is notified by the Administrator of the Transportation Security Administration" for "Administrator is notified by the Under Secretary for Border and Transportation Security of the Department of Homeland Security".

Subsecs. (b), (c), (e). Pub. L. 115–254, §1991(f)(9)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

Subsec. (g). Pub. L. 115–254, §1991(f)(9)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator" wherever appearing.

Subsec. (g)(2)(A). Pub. L. 115–254, §§539(l), 1991(f)(9)(C), made identical amendments, substituting "(18 U.S.C. App.))" for "(18 U.S.C. App.)".

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.

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.

CHAPTER 463—PENALTIES

        

Editorial Notes

Amendments

2016—Pub. L. 114–190, title II, §2205(c), July 15, 2016, 130 Stat. 631, added item 46320.

2003—Pub. L. 108–176, title I, §185(b), Dec. 12, 2003, 117 Stat. 2518, added item 46319.

2000—Pub. L. 106–181, title V, §§509(b), 511(b), Apr. 5, 2000, 114 Stat. 141, 142, added items 46317 and 46318.

§46301. Civil penalties

(a) General Penalty.—(1) A person is liable to the United States Government for a civil penalty of not more than $75,000 (or $1,100 if the person is an individual or small business concern) for violating—

(A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II or III of chapter 421, chapter 423, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), chapter 451, section 47107(a)(22) (including any assurance made under such section), section 47107(b) (including any assurance made under such section), or section 47133 of this title;

(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies;

(C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or

(D) a regulation of the United States Postal Service under this part.

(2) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation (other than a violation of section 41719).

(3) Penalty for diversion of aviation revenues.—The amount of a civil penalty assessed under this section for a violation of section 47107(b) of this title (or any assurance made under such section) or section 47133 of this title may be increased above the otherwise applicable maximum amount under this section to an amount not to exceed 3 times the amount of revenues that are used in violation of such section.

(4) Aviation security violations.—Notwithstanding paragraph (1) of this subsection, the maximum civil penalty for violating chapter 449 shall be $10,000; except that the maximum civil penalty shall be $25,000 in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman).

(5) Penalties applicable to individuals and small business concerns.—

(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating—

(i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909), chapter 451, or section 46314(a) of this title; or

(ii) a regulation prescribed or order issued under any provision to which clause (i) applies.

(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to—

(i) the transportation of hazardous material;

(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;

(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;

(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or

(v) a violation of section 40127 or section 41705, relating to discrimination.

(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be $5,000 instead of $1,000.

(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary of Transportation by an individual or small business concern that is intended to afford consumer protection to commercial air transportation passengers shall be $2,500 for each violation.

(6) Failure to collect airport security badges.—Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area of an airport is issued before, on, or after the date of enactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee on the date that the employment of the employee is terminated and does not notify the operator of the airport of such termination within 24 hours of the date of such termination shall be liable to the Government for a civil penalty not to exceed $10,000.

(7) Penalties relating to harm to passengers with disabilities.—

(A) Penalty for bodily harm or damage to wheelchair or other mobility aid.—The amount of a civil penalty assessed under this section for a violation of section 41705 that involves damage to a passenger's wheelchair or other mobility aid or injury to a passenger with a disability may be increased above the otherwise applicable maximum amount under this section for a violation of section 41705 to an amount not to exceed 3 times the maximum penalty otherwise allowed.

(B) Each act constitutes separate offense.—Notwithstanding paragraph (2), a separate violation of section 41705 occurs for each act of discrimination prohibited by that section.

(8) Failure to Continue Offering Aviation Fuel ¹.—Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(22) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section.

(b) Smoke Alarm Device Penalty.—(1) A passenger may not tamper with, disable, or destroy a smoke alarm device located in a lavatory on an aircraft providing air transportation or intrastate air transportation.

(2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.

(c) Procedural Requirements.—(1) The Secretary of Transportation may impose a civil penalty for the following violations only after notice and an opportunity for a hearing:

(A) a violation of subsection (b) of this section or chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, chapter 423, or section 44909 of this title.

(B) a violation of a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.

(C) a violation of any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title.

(D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material.

(2) The Secretary shall give written notice of the finding of a violation and the civil penalty under paragraph (1) of this subsection.

(d) Administrative Imposition of Penalties.—(1) In this subsection—

(A) "flight engineer" means an individual who holds a flight engineer certificate issued under part 63 of title 14, Code of Federal Regulations.

(B) "mechanic" means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of Federal Regulations.

(C) "pilot" means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations.

(D) "repairman" means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal Regulations.

(2) The Administrator of the Federal Aviation Administration may impose a civil penalty for a violation of chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 42121, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 451, section 46301(b), section 46302 (for a violation relating to section 46504), section 46318, section 46319, section 46320, or section 47107(b) (as further defined by the Secretary of Transportation under section 47107(k) and including any assurance made under section 47107(b)) of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909), section 46302 (except for a violation relating to section 46504), or section 46303 of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security or Administrator of the Federal Aviation Administration shall give written notice of the finding of a violation and the penalty.

(3) In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security or Administrator of the Federal Aviation Administration under this subsection, the issues of liability and the amount of the penalty may not be reexamined.

(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of a civil action involving a penalty the Secretary of Homeland Security or Administrator of the Federal Aviation Administration initiates if—

(A) the amount in controversy is more than—

(i) $400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

(ii) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

(iii) $1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

(iv) $100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024;

(B) the action is in rem or another action in rem based on the same violation has been brought;

(C) the action involves an aircraft subject to a lien that has been seized by the Government; or

(D) another action has been brought for an injunction based on the same violation.

(5)(A) The Administrator of the Federal Aviation Administration may issue an order imposing a penalty under this subsection against an individual acting as a pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator of the Federal Aviation Administration relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order shall not be issued.

(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this subsection to the National Transportation Safety Board. After notice and an opportunity for a hearing on the record, the Board shall affirm, modify, or reverse the order. The Board may modify a civil penalty imposed to a suspension or revocation of a certificate.

(C) When conducting a hearing under this paragraph, the Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator of the Federal Aviation Administration carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.

(D) When an individual files an appeal with the Board under this paragraph, the order of the Administrator of the Federal Aviation Administration is stayed.

(6) An individual substantially affected by an order of the Board under paragraph (5) of this subsection, or the Administrator of the Federal Aviation Administration when the Administrator of the Federal Aviation Administration decides that an order of the Board under paragraph (5) will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator of the Federal Aviation Administration shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

(7)(A) The Administrator of the Federal Aviation Administration may impose a penalty on a person (except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing on the record.

(B) In an appeal from a decision of an administrative law judge as the result of a hearing under subparagraph (A) of this paragraph, the Administrator of the Federal Aviation Administration shall consider only whether—

(i) each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;

(ii) each conclusion of law is made according to applicable law, precedent, and public policy; and

(iii) the judge committed a prejudicial error that supports the appeal.

(C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 2 years after the violation occurs.

(D) In the case of a violation of section 47107(b) of this title or any assurance made under such section—

(i) a civil penalty shall not be assessed against an individual;

(ii) a civil penalty may be compromised as provided under subsection (f); and

(iii) judicial review of any order assessing a civil penalty may be obtained only pursuant to section 46110 of this title.

(8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—

(A) $400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

(B) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;

(C) $1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or

(D) $100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024.

(9) This subsection applies only to a violation occurring after August 25, 1992.

(e) Penalty Considerations.—In determining the amount of a civil penalty under subsection (a)(3) of this section related to transportation of hazardous material, the Secretary of Transportation shall consider—

(1) the nature, circumstances, extent, and gravity of the violation;

(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and

(3) other matters that justice requires.

(f) Compromise and Setoff.—(1)(A) The Secretary may compromise the amount of a civil penalty imposed for violating—

(i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 448, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or chapter 451 of this title; or

(ii) a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.

(B) The Postal Service may compromise the amount of a civil penalty imposed under subsection (a)(1)(D) of this section.

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.

(g) Judicial Review.—An order of the Secretary or the Administrator of the Federal Aviation Administration imposing a civil penalty may be reviewed judicially only under section 46110 of this title.

(h) Nonapplication.—(1) This section does not apply to the following when performing official duties:

(A) a member of the armed forces of the United States.

(B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.

(2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) a timely report on action taken.

(i) Small Business Concern Defined.—In this section, the term "small business concern" has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103–305, title I, §112(c), title II, §207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103–429, §6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title V, §502(c), title VIII, §804(b), title XII, §1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. L. 104–287, §5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title II, §222, title V, §§503(c), 504(b), 519(c), title VII, §§707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106–424, §15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107–71, title I, §140(d)(1)–(4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107–296, title XVI, §1602, Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108–176, title V, §503(a)–(c), Dec. 12, 2003, 117 Stat. 2557, 2558; Pub. L. 108–458, title IV, §4027(a), Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XIII, §1302(b), Aug. 3, 2007, 121 Stat. 392; Pub. L. 110–161, div. E, title V, §542, Dec. 26, 2007, 121 Stat. 2079; Pub. L. 112–74, div. D, title V, §564(a), Dec. 23, 2011, 125 Stat. 981; Pub. L. 112–95, title IV, §415(b), title VIII, §803, Feb. 14, 2012, 126 Stat. 96, 119; Pub. L. 113–188, title XV, §1501(b)(2)(B), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114–190, title II, §2205(b), July 15, 2016, 130 Stat. 631; Pub. L. 115–254, div. B, title III, §372(e), title IV, §436, div. K, title I, §1991(g)(1), Oct. 5, 2018, 132 Stat. 3312, 3344, 3643; Pub. L. 118–63, title III, §§345, 371, title V, §§504(b), 507(a), title VII, §770(b), title XI, §1101(t), May 16, 2024, 138 Stat. 1102, 1139, 1191, 1193, 1295, 1414.)

Amendment of Subsection (a)(1)(A)

Pub. L. 118–63, title V, §504(b), (d), May 16, 2024, 138 Stat. 1191, provided that, effective on the date that is 1 year after May 16, 2024, subsection (a)(1)(A) of this section is amended by striking "chapter 423" and inserting "chapter 423 (except section 42306)". See 2024 Amendment note below.

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46301(a)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
	49 App.:1405 (last sentence).	Aug. 23, 1958, Pub. L. 85–726, §505 (last sentence), 72 Stat. 774.
	49 App.:1471(a)(1) (1st, 2d sentences less subchapter VII).	Aug. 23, 1958, Pub. L. 85–726, §901(a)(1) (less title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, §107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, §113(b), 88 Stat. 2162; Oct. 24, 1978, Pub. L. 95–504, §35(a), 92 Stat. 1740; Aug. 8, 1985, Pub. L. 99–83, §551(b)(2), 99 Stat. 225; Dec. 30, 1987, Pub. L. 100–223, §204(a)– (c), 101 Stat. 1519; Nov. 18, 1988, Pub. L. 100–690, §7208(a), 102 Stat. 4429.
	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.
46301(b)	49 App.:1374(d)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(d)(2); added Dec. 22, 1987, Pub. L. 100–202, §328(a), 101 Stat. 1329–383.
46301(c)	49 App.:1471(a)(1) (3d, 5th sentences less subchapter VII).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
46301(d)(1)	49 App.:1471(a)(3)(H).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(a)(3) (less (D)(v) (related to Administrator under title VII)); added Nov. 18, 1988, Pub. L. 100–690, §7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102–345, §2(a), 106 Stat. 923; Oct. 31, 1992, Pub. L. 102–581, §208, 106 Stat. 4895.
46301(d)(2)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
	49 App.:1471(a)(3)(A).
46301(d)(3)	49 App.:1471(a)(3)(B).
46301(d)(4)	49 App.:1471(a)(3)(C).
46301(d)(5)	49 App.:1471(a) (3)(D)(i)–(iv).
46301(d)(6)	49 App.:1471(a) (3)(D)(v) (less Administrator under subch. VII).
46301(d)(7)	49 App.:1471(a)(3)(E).
46301(d)(8)	49 App.:1471(a)(3)(G).
46301(d)(9)	49 App.:1471(a)(3)(F).
46301(e)	49 App.:1471(a)(1) (4th sentence less subchapter VII).
46301(f)	49 App.:1471(a)(2) (related to subchapter III, V, VI, or XII, §1501, 1514, or 1515(e)(2)(B), and Postal Service).	Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to title III, V, VI, or XII, §1101, 1114, or 1115(e)(2)(B), and Postmaster General), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Dec. 30, 1987, Pub. L. 100–223, §204(d), 101 Stat. 1519.
	49 App.:1551(b)(1)(E).
46301(g)	49 App.:1471(a)(1) (6th sentence less subchapter VII).
	49 App.:1551(b)(1)(E).
46301(h)	49 App.:1471(a)(1) (last sentence less subchapter VII).
	49 App.:1551(b)(1)(E).

In this section, the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "United States Postal Service" and "Postal Service" are substituted for "Postmaster General" because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).

In subsections (a)(1)(C) and (c), the words "condition, or limitation" are omitted as surplus.

In subsection (a)(2), before clause (A), the words "occurring after December 30, 1987" are omitted as obsolete.

In subsection (b)(1), the word "providing" is substituted for "engaged in" for consistency in the revised title.

In subsection (b)(2), the words "in accordance with section 1471 of this Appendix" are omitted as surplus.

In subsection (c)(1), before clause (A), the words "or his delegate" are omitted because of 49:322(b). The word "impose" is substituted for "assessed" for consistency. The words "amount of any such" are omitted as surplus.

In subsection (d), the word "impose" is substituted for "assess" for consistency.

In subsection (d)(1), before clause (A), the words "the following definitions apply" are omitted as surplus.

In subsection (d)(2), the text of section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat 4434) is omitted as obsolete. The words "or the delegate of the Administrator" are omitted because of 49:322(b).

In subsection (d)(4)(C), the word "or" is substituted for "and" for clarity.

In subsection (d)(5)(B) and (7)(A), the words "in accordance with section 554 of title 5" are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated.

In subsection (d)(5)(B), the words "consistent with this subsection" are omitted as surplus.

In subsection (d)(5)(C), the word "Administrator" is substituted for "Federal Aviation Administration" because of 49:106(b) and (g).

In subsection (d)(7)(B), before clause (i), the words "as the result of a hearing under subparagraph (A) of this paragraph" are added for clarity.

In subsection (e), before clause (1), the words "civil penalty under subsection (a)(3) of this section related to transportation of hazardous material" are substituted for "such penalty" for clarity. In clause (1), the word "committed" is omitted as surplus.

In subsection (f)(2), the word "imposed" is substituted for "when finally determined or fixed by order of the Board" for consistency. The words "agreed upon" are omitted as surplus.

In subsection (g), the word "imposing" is substituted for "assessing" for consistency.

In subsection (h)(2), the words "with respect thereto" are omitted as surplus. The word "Administrator" in section 901(a)(1) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) is retained on authority of 49:106(g).

Pub. L. 103–429

This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct erroneous cross-references.

Pub. L. 104–287, §5(77)(A) and (B)

These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.

Pub. L. 104–287, §5(77)(C)

This makes a conforming amendment to 49:46301(a)(3).

Pub. L. 104–287, §5(77)(D)–(F)

These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.

Editorial Notes

References in Text

The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Pub. L. 110–161, which was approved Dec. 26, 2007.

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (d)(4)(A), (8), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–63, §507(a), substituted "$75,000" for "$25,000" in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 118–63, §770(b)(1), inserted "section 47107(a)(22) (including any assurance made under such section)," after "chapter 451,".

Pub. L. 118–63, §504(b), substituted "chapter 423 (except section 42306)" for "chapter 423".

Subsec. (a)(6). Pub. L. 118–63, §1101(t)(1), substituted "Failure to collect airport security badges" for "Failure To Collect Airport Security Badges" in heading.

Subsec. (a)(7). Pub. L. 118–63, §1101(t)(2), substituted "Penalties relating to harm to passengers with disabilities" for "Penalties Relating to Harm to Passengers With Disabilities" in heading.

Subsec. (a)(8). Pub. L. 118–63, §770(b)(2), added par. (8).

Subsec. (d)(2). Pub. L. 118–63, §371, inserted "section 42121," before "chapter 441".

Subsec. (d)(4)(A). Pub. L. 118–63, §345(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "the amount in controversy is more than—

"(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;

"(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or

"(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;".

Subsec. (d)(8). Pub. L. 118–63, §345(2), added par. (8) and struck out former par. (8) which read as follows: "The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—

"(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;

"(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or

"(C) $50,000 if the violation was committed by an individual or small business concern on or after that date."

2018—Subsec. (a)(1)(A). Pub. L. 115–254, §372(e)(1), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".

Subsec. (a)(5)(A)(i). Pub. L. 115–254, §1991(g)(1)(A)(i), substituted "chapter 451" for "or chapter 451".

Pub. L. 115–254, §372(e)(2), inserted "chapter 448," after "chapter 447 (except sections 44717–44723),".

Subsec. (a)(5)(D). Pub. L. 115–254, §1991(g)(1)(A)(ii), inserted "of Transportation" after "Secretary".

Subsec. (a)(7). Pub. L. 115–254, §436, added par. (7).

Subsec. (d)(2). Pub. L. 115–254, §1991(g)(1)(B)(i), substituted "defined by the Secretary of Transportation" for "defined by the Secretary" and "Administrator of the Federal Aviation Administration shall" for "Administrator shall".

Pub. L. 115–254, §372(e)(3), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".

Subsec. (d)(3) to (7). Pub. L. 115–254, §1991(g)(1)(B)(ii), substituted "Administrator of the Federal Aviation Administration" for "Administrator" wherever appearing.

Subsec. (d)(8). Pub. L. 115–254, §1991(g)(1)(B)(ii), (iii), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" and "Administrator of the Federal Aviation Administration" for "Administrator" in introductory provisions.

Subsec. (e). Pub. L. 115–254, §1991(g)(1)(C), inserted "of Transportation" after "Secretary" in introductory provisions.

Subsec. (f)(1)(A)(i). Pub. L. 115–254, §372(e)(4), inserted "chapter 448," after "chapter 447 (except sections 44717 and 44719–44723),".

Subsec. (g). Pub. L. 115–254, §1991(g)(1)(D), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

Subsec. (h)(2). Pub. L. 115–254, §1991(g)(1)(E), substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2016—Subsec. (d)(2). Pub. L. 114–190 inserted "section 46320," after "section 46319,".

2014—Subsec. (d)(2). Pub. L. 113–188 substituted "section 47107(k)" for "section 47107(l)".

2012—Subsec. (a)(1)(A). Pub. L. 112–95, §803(1), inserted "chapter 451," before "section 47107(b)".

Pub. L. 112–95, §415(b), inserted "chapter 423," after "chapter 421,".

Subsec. (a)(5)(A)(i). Pub. L. 112–95, §803(2)(B), inserted ", or chapter 451" after "44907–44909)".

Pub. L. 112–95, §803(2)(A), which directed the substitution of "chapter 449" for "or chapter 449", could not be executed because of the prior amendment by Pub. L. 112–74, §564(a). See 2011 Amendment note below.

Subsec. (c)(1)(A). Pub. L. 112–95, §415(b), inserted "chapter 423," after "chapter 421,".

Subsec. (d)(2). Pub. L. 112–95, §803(3), substituted "44723), chapter 451," for "44723) or", "section 46302" for "46302", "section 46318, section 46319, or section 47107(b)" for "46318, or 47107(b)" in first sentence , and "section 46302" for "46302", "or section 46303 of this title" for "46303,", and "any of those provisions" for "such chapter 449" in second sentence.

Subsec. (f)(1)(A)(i). Pub. L. 112–95, §803(4), substituted "chapter 449" for "or chapter 449" and inserted ", or chapter 451" after "44909)".

2011—Subsec. (a)(5)(A)(i). Pub. L. 112–74 substituted "chapter 449" for "or chapter 449" and inserted ", or section 46314(a)" after "44909)".

2007—Subsec. (a)(4). Pub. L. 110–53 struck out "or another requirement under this title administered by the Under Secretary of Transportation for Security" after "chapter 449".

Subsec. (a)(6). Pub. L. 110–161 added par. (6).

2004—Subsec. (d)(2). Pub. L. 108–458, §4027(a)(1)–(3), substituted "46302 (for a violation relating to section 46504)," for "46302, 46303,", "The Secretary of Homeland Security may" for "The Under Secretary of Transportation for Security may", "44909), 46302 (except for a violation relating to section 46504), 46303," for "44909)", and "The Secretary of Homeland Security or" for "The Under Secretary or".

Subsec. (d)(3). Pub. L. 108–458, §4027(a)(3), substituted "Secretary of Homeland Security or" for "Under Secretary or".

Subsec. (d)(4). Pub. L. 108–458, §4027(a)(3), substituted "Secretary of Homeland Security or" for "Under Secretary or" in introductory provisions.

Subsec. (d)(4)(A). Pub. L. 108–458, §4027(a)(4), realigned margins.

2003—Subsec. (a)(1). Pub. L. 108–176, §503(a)(1), substituted "$25,000 (or $1,100 if the person is an individual or small business concern)" for "$1,000" in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 108–176, §503(a)(2), (3), struck out "or" before "section 47107(b)" and substituted "section), or section 47133" for "section)".

Subsec. (a)(2). Pub. L. 108–176, §503(a)(5), substituted "section 41719" for "section 41715" in two places.

Pub. L. 108–176, §503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating—

"(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or

"(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies."

Subsec. (a)(3). Pub. L. 108–176, §503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: "A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to

"(A) the transportation of hazardous material;

"(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation;

"(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;

"(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or

"(E) a violation of section 41705, relating to discrimination against handicapped individuals."

Subsec. (a)(4). Pub. L. 108–176, §503(a)(6), substituted "paragraph (1)" for "paragraphs (1) and (2)".

Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).

Subsec. (a)(5). Pub. L. 108–176, §503(a)(7), added par. (5). Former par. (5) redesignated (3).

Subsec. (a)(6). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (6). Text read as follows: "Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000."

Subsec. (a)(7). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (7). Text read as follows: "Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation."

Subsec. (a)(8). Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4).

Subsec. (d)(4)(A). Pub. L. 108–176, §503(b)(1), substituted "more than—" for "more than $50,000;" and added cls. (i) to (iii).

Subsec. (d)(8). Pub. L. 108–176, §503(b)(2), substituted "is—" for "is $50,000." and added subpars. (A) to (C).

Subsec. (i). Pub. L. 108–176, §503(c), added subsec. (i).

2002—Subsec. (a)(8). Pub. L. 107–296 added par. (8).

2001—Subsec. (d)(2). Pub. L. 107–71, §140(d)(1)(C), inserted "Under Secretary or" before "Administrator shall".

Pub. L. 107–71, §140(d)(1)(B), inserted after first sentence "The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449."

Pub. L. 107–71, §140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out ", chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),", was executed by striking out ", chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)," before "or section 46301(b)", to reflect the probable intent of Congress.

Subsec. (d)(3), (4). Pub. L. 107–71, §140(d)(2), substituted "Under Secretary or Administrator" for "Administrator".

Subsec. (d)(8). Pub. L. 107–71, §140(d)(3), substituted "Under Secretary, Administrator," for "Administrator".

Subsec. (h)(2). Pub. L. 107–71, §140(d)(4), inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

2000—Subsec. (a)(1)(A). Pub. L. 106–181, §§519(c), 720(1), substituted "subchapter II or III of chapter 421" for "subchapter II of chapter 421" and struck out "46302, 46303, or" before "47107(b) (including".

Subsec. (a)(3)(C). Pub. L. 106–181, §503(c), added subpar. (C).

Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§504(b), 707(b), added subpars. (D) and (E).

Subsec. (a)(6). Pub. L. 106–181, §222(b), inserted heading and realigned margins.

Subsec. (a)(7). Pub. L. 106–181, §222(a), added par. (7).

Subsec. (d)(2). Pub. L. 106–424 substituted "46301(b), 46302, 46303, 46318," for "46302, 46303,".

Subsec. (d)(7)(A). Pub. L. 106–181, §720(2), substituted "a penalty on a person" for "a penalty on an individual".

Subsec. (g). Pub. L. 106–181, §720(3), inserted "or the Administrator" after "Secretary".

1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§502(c), 1220(b). See 1996 Amendment notes below.

1996—Subsec. (a)(1)(A). Pub. L. 104–287, §5(77)(A)(iii), (iv), inserted "or" after "46303," and struck out ", or 41715" after "under such section)".

Pub. L. 104–287, §5(77)(A)(ii), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section" for "or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,".

Pub. L. 104–287, §5(77)(A)(i), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,".

Pub. L. 104–264, §1220(b), which directed amendment of subpar. (A) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.

Pub. L. 104–264, §502(c)(1), which directed amendment of subpar. (A) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–102.

Subsec. (a)(2)(A). Pub. L. 104–287, §5(77)(B), substituted ", section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)" for "or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938".

Pub. L. 104–264, §502(c)(2), which directed amendment of subpar. (A) by inserting "44724," after "44716,", was repealed by Pub. L. 105–102.

Subsec. (a)(3). Pub. L. 104–287, §5(77)(C), realigned margins of subpars. (A) and (B).

Subsec. (a)(5). Pub. L. 104–264, §804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000."

Subsec. (c)(1)(A). Pub. L. 104–287, §5(77)(D)(ii), (iii), struck out "or" before "subchapter II" and inserted ", or section 44909" before "of this title".

Pub. L. 104–287, §5(77)(D)(i), substituted "chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714)," for "any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,".

Subsec. (d)(2). Pub. L. 104–287, §5(77)(E), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section" for "or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,".

Pub. L. 104–264, §1220(b), which directed amendment of par. (2) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.

Pub. L. 104–264, §502(c)(1), which directed amendment of par. (2) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–102.

Subsec. (f)(1)(A)(i). Pub. L. 104–287, §5(77)(F), substituted "section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)" for "or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938".

Pub. L. 104–264, §1220(b), which directed amendment of cl. (i) by inserting "44718(d)," after "44716,", was repealed by Pub. L. 105–102.

Pub. L. 104–264, §502(c)(1), which directed amendment of cl. (i) by inserting "44724," after "44718(d),", was repealed by Pub. L. 105–102.

1994—Subsec. (a)(1)(A). Pub. L. 103–429, §6(60)(A), substituted "any of sections 41301–41306" for "section 41301–41306" and "any of sections 44701(a)" for "section 44701(a)".

Pub. L. 103–305, §207(c)(1), inserted ", or 41715" before "of this title".

Pub. L. 103–305, §112(c)(1)(A), substituted "46303, 47107(b) (including any assurance made under such section)" for "or 46303".

Subsec. (a)(2)(A). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".

Subsec. (a)(4). Pub. L. 103–305, §207(c)(2), inserted "(other than a violation of section 41715)" after "the violation" in two places.

Subsec. (a)(5). Pub. L. 103–305, §112(c)(1)(B), added par. (5).

Subsec. (a)(6). Pub. L. 103–305, §207(c)(3), added par. (6).

Subsec. (c)(1)(A). Pub. L. 103–429, §6(60)(C), substituted "any of sections 41301–41306" for "section 41301–41306".

Subsec. (d)(2). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".

Pub. L. 103–305, §112(c)(2), substituted "46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))" for "or 46303".

Subsec. (d)(7)(D). Pub. L. 103–305, §112(c)(3), added subpar. (D).

Subsec. (f)(1)(A)(i). Pub. L. 103–429, §6(60)(B), substituted "any of sections 44701(a)" for "section 44701(a)".

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an Effective Date note under section 42306 of this title.

Pub. L. 118–63, title V, §507(b), May 16, 2024, 138 Stat. 1193, provided that: "The amendment made by subsection (a) [amending this section] shall apply to violations occurring on or after the date of enactment of this Act [May 16, 2024]."

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.

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 Amendment

Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

Effective Date of 1996 Amendments

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.

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.

Effective Date of 1994 Amendments

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.

Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an Effective Date note under section 41719 of this title.

Conforming Regulations

Pub. L. 118–63, title V, §507(c), May 16, 2024, 138 Stat. 1193, provided that: "The Secretary [of Transportation] shall revise such regulations as necessary to conform to the amendment made by subsection (a) [amending this section]."

Savings Provision

Pub. L. 102–345, §2(c), Aug. 26, 1992, 106 Stat. 925, provided that: "Notwithstanding subsections (a) and (b) of this section, sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 [Pub. L. 85–726] as in effect on July 31, 1992, shall continue in effect on and after such date of enactment with respect to violations of the Federal Aviation Act of 1958 occurring before such date of enactment."

Laser Pointer Incidents

Pub. L. 114–190, title II, §2104, July 15, 2016, 130 Stat. 620, as amended by Pub. L. 118–63, title II, §218(m), May 16, 2024, 138 Stat. 1057, provided that:

"(a) In General.—Beginning 90 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide annually an annual 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] regarding—

"(1) the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States;

"(2) the number of civil or criminal enforcement actions taken by the Federal Aviation Administration, the Department of Transportation, or another Federal agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties imposed on violators;

"(3) the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and

"(4) any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal agencies or local law enforcement agencies, to deter the type of activity described in paragraph (1).

"(b) Civil Penalties.—The Administrator shall revise the maximum civil penalty that may be imposed on an individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000.

"(c) Report Sunset.—Subsection (a) shall cease to be effective after September 30, 2028."

¹ So in original. Words following initial word in par. heading probably should not be capitalized.

§46302. False information

(a) Civil Penalty.—A person that, knowing the information to be false, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title, is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(b) Compromise and Setoff.—(1) The Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation, may compromise the amount of a civil penalty imposed under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, §4027(b), Dec. 17, 2004, 118 Stat. 3727.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46302(a)	49 App.:1471(c).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(c); added Oct. 12, 1984, Pub. L. 98–473, §2014(a)(1), 98 Stat. 2189.
46302(b)	49 App.:1471(a)(2) (related to 1471(c)).	Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to §901(c)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, §2014(b), 98 Stat. 2189.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), the words "gives, or causes to be given" are substituted for "imparts or conveys or causes to be imparted or conveyed" to eliminate unnecessary words. The words "attempt or", "a crime", and "which shall be recoverable in a civil action brought in the name of the United States" are omitted as surplus.

In subsection (b)(1), the words "imposed under" are substituted for "provided for in" for consistency.

In subsection (b)(2), the words "imposed or compromised" are substituted for "The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise" to eliminate unnecessary words.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458 substituted "Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation," for "Secretary of Transportation".

§46303. Carrying a weapon

(a) Civil Penalty.—An individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(b) Compromise and Setoff.—(1) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.

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

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or

(2) another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capacity.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 107–71, title I, §140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub. L. 108–458, title IV, §4027(c), Dec. 17, 2004, 118 Stat. 3727.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46303(a)	49 App.:1471(d) (words after 3d comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(d); added Oct. 12, 1984, Pub. L. 98–473, §2014(a)(1), 98 Stat. 2189.
46303(b)	49 App.:1471(a)(2) (related to 1471(d)).	Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to §901(d)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, §2014(b), 98 Stat. 2189.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
46303(c)	49 App.:1471(d) (words before 3d comma).

In subsection (a), the words "deadly or" and "which shall be recoverable in a civil action brought in the name of the United States" are omitted as surplus.

In subsection (b)(1), the words "imposed under" are substituted for "provided for in" for consistency.

In subsection (b)(2), the words "imposed or compromised" are substituted for "The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise" to eliminate unnecessary words.

In subsection (c)(1), the words "State or political subdivision of a State" are substituted for "municipal or State government" for consistency in the revised title and with other titles of the United States Code. The words "or required" are omitted as surplus.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458, §4027(c)(1), substituted "Secretary of Homeland Security" for "Secretary of Transportation".

Subsec. (c)(2). Pub. L. 108–458, §4027(c)(2), substituted "Secretary of Homeland Security" for "Under Secretary of Transportation for Security".

2001—Subsec. (c)(2). Pub. L. 107–71 inserted "or the Under Secretary of Transportation for Security" after "Federal Aviation Administration".

§46304. Liens on aircraft

(a) Aircraft Subject to Liens.—When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the owner of, or individual commanding, the aircraft, the aircraft is subject to a lien for the civil penalty.

(b) Seizure.—An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration). A report on the seizure shall be submitted to the Attorney General. The Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.

(c) Release.—An aircraft seized under subsection (b) of this section shall be released from custody when—

(1) the civil penalty is paid;

(2) a compromise amount agreed on is paid;

(3) the aircraft is seized under a civil action in rem to enforce the lien;

(4) the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or

(5) a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, §503(d)(2), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 115–254, div. K, title I, §1991(g)(2), Oct. 5, 2018, 132 Stat. 3644.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46304(a)	49 App.:1471(b).	Aug. 23, 1958, Pub. L. 85–726, §§901(b), 903(b)(2), (3), 72 Stat. 784, 786.
46304(b)	49 App.:1473(b)(2).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46304(c)	49 App.:1473(b)(3).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In this section, the word "civil" is added before "penalty" for consistency in the revised title and with other titles of the United States Code.

In subsections (b) and (c), the word "Administrator" in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 786) is retained on authority of 49:106(g). The words "Attorney General" are substituted for "United States attorney for the judicial district in which the seizure is made" and "United States attorney" because of 28:503 and 509.

In subsection (b), the words "report on the seizure" are substituted for "report of the cause" for clarity. The words "bring a civil action in rem" are substituted for "institute proceedings" for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "that the action will not be brought" are substituted for "of his failure to so act" for clarity.

In subsection (c)(3), the words "under a civil action in rem" are substituted for "in pursuance of process of any court in proceedings in rem" to eliminate unnecessary words and for consistency.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254 substituted "or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2003—Subsec. (a). Pub. L. 108–176 struck out ", (2), or (3)" after "section 46301(a)(1)(A)–(C)".

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.

§46305. Actions to recover civil penalties

A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46305	49 App.:1473(b)(1).	Aug. 23, 1958, Pub. L. 85–726, §903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, §36, 92 Stat. 1741.
	49 App.:1473(b)(4).	Aug. 23, 1958, Pub. L. 85–726, §903(b)(4), 72 Stat. 787.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The words "imposed or assessed" are omitted as surplus. The words "bringing a civil action" are substituted for "proceedings in personam", the words "civil action in rem" are substituted for "proceedings in rem", and the words "civil action" are substituted for "civil suits", for consistency in the revised title and with other titles of the United States Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "regardless of the place an aircraft in a civil action in rem is seized" are substituted for 49 App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word "civil" is added after "involving a" for clarity. The words "(except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)" are substituted for "other than those assessed by the Board" because the Civil Aeronautics Board went out of existence and its duties and powers were transferred to the Secretary of Transportation.

§46306. Registration violations involving aircraft not providing air transportation

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

(b) General Criminal Penalty.—Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person—

(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;

(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft;

(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;

(5) owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—

(A) the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked; or

(B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;

(6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title knowing that—

(A) the aircraft is not registered under section 44103 of this title;

(B) the certificate of registration is suspended or revoked; or

(C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;

(7) knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman's certificate authorizing the individual to serve in that capacity;

(8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman's certificate authorizing the individual to serve in that capacity; or

(9) operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal Aviation Administration.

(c) Controlled Substance Criminal Penalty.—(1) In this subsection, "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).

(2) A person violating subsection (b) of this section shall be fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or

(B) that is provided is related to an act 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).

(3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual.

(d) Seizure and Forfeiture.—(1) The Administrator of Drug Enforcement or the Commissioner of U.S. Customs and Border Protection may seize and forfeit under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation.

(2) An aircraft's use is presumed to have been related to a violation of, or to aid or facilitate a violation of—

(A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;

(B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;

(C) subsection (b)(4) of this section if—

(i) the aircraft is registered to a false or fictitious person; or

(ii) the application form used to obtain the aircraft certificate of registration contains a material false statement;

(D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or

(E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—

(i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or

(ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft.

(3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection.

(e) Relationship to State Laws.—This part does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that—

(1) knowingly and willfully forges or alters an aircraft certificate of registration;

(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;

(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or

(4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by—

(A) knowingly and willfully falsifying or concealing a material fact;

(B) making a false, fictitious, or fraudulent statement; or

(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104–287, §5(78), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46306(a)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
46306(b)	49 App.:1472(b)(1), (2) (1st sentence cl. (A)).	Aug. 23, 1958, Pub. L. 85–726, §902(b)(1)–(4), 72 Stat. 784; Oct. 19, 1984, Pub. L. 98–499, §6, 98 Stat. 2316; restated Nov. 18, 1988, Pub. L. 100–690, §7209(a), 102 Stat. 4429.
46306(c)(1)	49 App.:1472(b)(4).
46306(c)(2)	49 App.:1472(b)(2) (1st sentence cl. (B)).
46306(c)(3)	49 App.:1472(b)(2) (last sentence).
46306(d)	49 App.:1472(b)(3).
46306(e)	49 App.:1472(b)(5).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(b)(5); added Oct. 27, 1986, Pub. L. 99–570, §3401(a)(1), 100 Stat. 3207–99; Nov. 18, 1988, Pub. L. 100–690, §7209(a), (b)(1), 102 Stat. 4429, 4432.

In subsections (b)(9), (d), and (e), the word "Administrator" in section 902(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g).

In subsection (b), before clause (1), the words "Except as provided by subsection (c) of this section" are added for clarity. The words "It shall be unlawful for any person" and "upon conviction" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not more than $15,000" for consistency with title 18. In clause (1), the words "counterfeit" and "falsely make" are omitted as surplus. In clause (4), the words "covering up", "representation", and "writing" are omitted as surplus. In clause (7), the word "valid" is omitted as surplus.

In subsection (c)(2), before clause (A), the words "fined under title 18" are substituted for "a fine of not more than $25,000" for consistency with title 18.

In subsection (d)(1) and (3), the words "Administrator of Drug Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" and "Drug Enforcement Administration" because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs" and "Commissioner" are substituted for "United States Customs Service" because of 19:2071.

In subsection (d)(2)(A), the words "aircraft certificate of registration" are substituted for "registration" for consistency in this section. The words "counterfeited" and "falsely made" are omitted as surplus.

In subsections (d)(2)(C)(ii) and (e), the words "aircraft certificate of registration" are substituted for "aircraft registration certificate" for consistency with 49 App.:1401, restated in chapter 441 of the revised title.

In subsection (e), before clause (1), the words "this subsection or in any other provision of" are omitted as surplus. In clause (1), the words "counterfeits" and "falsely makes" are omitted as surplus. In clause (4)(A), the words "covering up" are omitted as surplus. In clause (4)(B), the words "or representation" are omitted as surplus. In clause (4)(C), the words "writing or" are omitted as surplus.

Pub. L. 104–287

This makes a clarifying amendment to 49:46306(c)(2)(B).

Editorial Notes

Amendments

1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted "that is" before "provided".

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.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

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.

§46307. Violation of national defense airspace

A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1237.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46307	49 App.:1523.	Aug. 23, 1958, Pub. L. 85–726, §1203, 72 Stat. 800.

The words "In addition to the penalties otherwise provided for by this chapter" are omitted as surplus. The word "prescribed" is added for consistency in the revised title. The words "fined under title 18" are substituted for "a fine of not exceeding $10,000", and the words "shall be deemed guilty of a misdemeanor" are omitted, for consistency with title 18. The words "and upon conviction thereof" and "such fine and imprisonment" are omitted as surplus.

§46308. Interference with air navigation

A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—

(1) with intent to interfere with air navigation in the United States, exhibits in the United States a light or signal at a place or in a way likely to be mistaken for a true light or signal established under this part or for a true light or signal used at an air navigation facility;

(2) after a warning from the Administrator of the Federal Aviation Administration, continues to maintain a misleading light or signal; or

(3) knowingly interferes with the operation of a true light or signal.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46308	49 App.:1472(c).	Aug. 23, 1958, Pub. L. 85–726, §902(c), 72 Stat. 784.
	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, before clause (1), the words "fined under title 18" are substituted for "a fine of not exceeding $5,000" for consistency with title 18. The words "such fine and imprisonment" are omitted as surplus. In clause (1), the words "used at" are substituted for "in connection with" for clarity. The words "airport or other" are omitted as being included in the definition of "air navigation facility" in section 40102(a) of the revised title. In clause (2), the word "due" is omitted as surplus. The word "Administrator" in section 902(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). In clause (3), the words "removes, extinguishes, or" are omitted as surplus.

§46309. Concession and price violations

(a) Criminal Penalty for Offering, Granting, Giving, or Helping To Obtain Concessions and Lower Prices.—An air carrier, foreign air carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent, officer, agent, or employee—

(1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or

(2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect.

(b) Criminal Penalty for Receiving Rebates, Privileges, and Facilities.—A person shall be fined under title 18 if the person by any means—

(1) knowingly and willfully solicits, accepts, or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service related to the foreign air transportation; or

(2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently effective tariff applicable to the foreign air transportation of property.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46309(a)	49 App.:1472(d)(1).	Aug. 23, 1958, Pub. L. 85–726, §902(d)(1), 72 Stat. 785; Jan. 3, 1975, Pub L. 93–623, §8(b), 88 Stat. 2105.
46309(b)	49 App.:1472(d)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(d)(2); added Jan. 3, 1975, Pub. L. 93–623, §8(b), 88 Stat. 2106.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, the words "fined under title 18" are substituted for "a fine of not less than $100 and not more than $5,000" and "fined not less than $100, nor more than $5,000" for consistency with title 18. The words "for each offense" are omitted as surplus. The words "fares, or charges" are omitted as surplus because of the definition of "rate" in section 40102(a) of the revised title.

In subsection (a), before clause (1), the word "representative" is omitted as surplus. The words "shall be deemed guilty of a misdemeanor" are omitted as superseded by 18:3559. The words "and, upon conviction thereof" are omitted as surplus. In clause (2), the words "device or" and "suffer or" are omitted as surplus.

In subsection (b), before clause (1), the words "by any means" are substituted for "in any manner or by any device" for consistency in this section and to eliminate unnecessary words. In clauses (1) and (2), the word "foreign" is added for clarity because only foreign air transportation has regulated prices. In clause (1), the word "rebate" is substituted for "refund or remittance" for consistency in this section. In clause (2), the word "favor" is omitted as being included in "privilege".

§46310. Reporting and recordkeeping violations

(a) General Criminal Penalty.—An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18 for intentionally—

(1) failing to make a report or keep a record under this part;

(2) falsifying, mutilating, or altering a report or record under this part; or

(3) filing a false report or record under this part.

(b) Safety Regulation Criminal Penalty.—An air carrier or an officer, agent, or employee of an air carrier shall be fined under title 18, imprisoned for not more than 5 years, or both, for intentionally falsifying or concealing a material fact, or inducing reliance on a false statement of material fact, in a report or record under section 44701(a) or (b) or any of sections 44702–44716 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46310	49 App.:1472(e).	Aug. 23, 1958, Pub. L. 85–726, §902(e), 72 Stat. 785; restated Sept. 30, 1987, Pub. L. 100–121, 101 Stat. 792.

In this section, the word "representative" is omitted as surplus. The words "account" and "memorandum" are omitted as being included in "record".

In subsection (a), before clause (1), the words "fined under title 18" are substituted for "fined not more than $5,000 in the case of an individual and not more than $10,000 in the case of a person other than an individual" for consistency in this section and with title 18.

In subsection (b), the words "or representation" are omitted a surplus.

Pub. L. 103–429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.

Editorial Notes

Amendments

1994—Subsec. (b). Pub. L. 103–429 inserted "any of sections" before "44702–44716".

Statutory Notes and Related Subsidiaries

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.

§46311. Unlawful disclosure of information

(a) Criminal Penalty.—The Secretary of Transportation, the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration, or an officer or employee of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall be fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee knowingly and willfully discloses information that—

(1) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee acquires when inspecting the records of an air carrier; or

(2) is withheld from public disclosure under section 40115 of this title.

(b) Nonapplication.—Subsection (a) of this section does not apply if—

(1) the officer or employee is directed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to disclose information that the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration had ordered withheld; or

(2) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee is directed by a court of competent jurisdiction to disclose the information.

(c) Withholding Information From Congress.—This section does not authorize the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to withhold information from a committee of Congress authorized to have the information.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(6), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)(3), Oct. 5, 2018, 132 Stat. 3644.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46311(a), (b)	49 App.:1472(f) (words before proviso).	Aug. 23, 1958, Pub. L. 85–726, §902(f), 72 Stat. 785.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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.
46311(c)	49 App.:1472(f) (proviso).
	49 App.:1551(b)(1)(E).
	49 App.:1655(c)(1).

In this section, the word "Administrator" in section 902(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "fined under title 18" are substituted for "a fine of not more than $5,000" for consistency with title 18. The words "upon conviction thereof be subject for each offense" are omitted as surplus. The words "any fact or" are omitted as being included in "information". In clause (1), the words "the Secretary, Administrator, officer, or employee acquires" are substituted for "may come to his knowledge" for clarity and consistency.

In subsection (b)(2), the words "or a judge thereof" are omitted as surplus.

In subsection (c), the word "duly" is omitted as surplus.

Editorial Notes

Amendments

2018—Pub. L. 115–254, §1991(g)(3)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary" wherever appearing.

Subsec. (a). Pub. L. 115–254, §1991(g)(3)(A)(i), in introductory provisions, substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary, the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator", "Administrator of the Federal Aviation Administration shall" for "Administrator shall", and "Administrator of the Federal Aviation Administration," for "Administrator,".

Subsec. (a)(1). Pub. L. 115–254, §1991(g)(3)(A)(ii), substituted "Administrator of the Federal Aviation Administration" for "Administrator".

Subsecs. (b), (c). Pub. L. 115–254, §1991(g)(3)(B), substituted "Administrator of the Federal Aviation Administration" for "Administrator" wherever appearing.

2001—Subsec. (a). Pub. L. 107–71, §140(d)(6), in introductory provisions, inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary," after "Transportation," and "Under Secretary," after "Secretary," and substituted ", Under Secretary, or Administrator" for "or Administrator".

Subsec. (a)(1). Pub. L. 107–71, §140(d)(6)(B) inserted "Under Secretary," after "Secretary,".

Subsec. (b)(1). Pub. L. 107–71, §140(d)(6)(C), substituted ", Under Secretary, or Administrator" for "or Administrator" in two places.

Subsec. (b)(2). Pub. L. 107–71, §140(d)(6)(B) inserted "Under Secretary," after "Secretary,".

Subsec. (c). Pub. L. 107–71, §140(d)(6)(C), substituted ", Under Secretary, or Administrator" for "or Administrator".

§46312. Transporting hazardous material

(a) In General.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, in violation of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary of Transportation under this part or chapter 51—

(1) willfully delivers, or causes to be delivered, property containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or

(2) recklessly causes the transportation in air commerce of the property.

(b) Knowledge of Regulations.—For purposes of subsection (a), knowledge by the person of the existence of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary under this part or chapter 51 is not an element of an offense under this section but shall be considered in mitigation of the penalty.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 106–181, title V, §507, Apr. 5, 2000, 114 Stat. 140; Pub. L. 109–59, title VII, §7128(a), Aug. 10, 2005, 119 Stat. 1909.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46312	49 App.:1472(h)(2).	Aug. 23, 1958, Pub. L. 85–726, §902(h)(2), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, §113(c), 88 Stat. 2162.

In this section, before clause (1), the words "is guilty of an offense", "Upon conviction", and "for each offense" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not more than $25,000" for consistency with title 18. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "shipment, baggage, or other" are omitted as surplus.

Editorial Notes

Amendments

2005—Subsec. (a). Pub. L. 109–59, §7128(a)(1), substituted "this part or chapter 51—" for "this part—" in introductory provisions.

Subsec. (b). Pub. L. 109–59, §7128(a)(2), inserted "or chapter 51" after "under this part".

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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.

§46313. Refusing to appear or produce records

A person not obeying a subpoena or requirement of the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) to appear and testify or produce records shall be fined under title 18, imprisoned for not more than one year, or both.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)(4), Oct. 5, 2018, 132 Stat. 3644.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46313	49 App.:1472(g).	Aug. 23, 1958, Pub. L. 85–726, §902(g), 72 Stat. 785.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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 word "Administrator" in section 902(g) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g). The words "not obeying" are substituted for "who shall neglect or refuse . . . or to answer any lawful inquiry . . . in obedience to" to eliminate surplus words. The word "lawful" is omitted as surplus. The word "appear" is substituted for "attend" for clarity. The word "records" is substituted for "books, papers, or documents" for consistency in the revised title and with other titles of the United States Code. The words "if in his power to do so" are omitted as surplus. The words "shall be guilty of a misdemeanor" are omitted for consistency with title 18. The words "and, upon conviction thereof" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not less than $100 nor more than $5,000" for consistency with title 18.

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "subpoena" for "subpena" and "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2001—Pub. L. 107–71 inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

§46314. Entering aircraft or airport area in violation of security requirements

(a) Prohibition.—A person may not knowingly and willfully enter, in violation of security requirements prescribed under section 44901, 44903(b) or (c), or 44906 of this title, an aircraft or an airport area that serves an air carrier or foreign air carrier.

(b) Criminal Penalty.—(1) A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than one year, or both.

(2) A person violating subsection (a) of this section with intent to evade security procedures or restrictions or with intent to commit, in the aircraft or airport area, a felony under a law of the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.

(c) Notice of Penalties.—

(1) In general.—Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section 44903(c) shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under section 46301(a)(5)(A)(i) and subsection (b) of this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate.

(2) Effect of signs on penalties.—An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or subsection (b) of this section without regard to whether signs are displayed at an airport as required by paragraph (1).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 112–74, div. D, title V, §564(b), (c), Dec. 23, 2011, 125 Stat. 981.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46314	49 App.:1472(r).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(r); added Dec. 30, 1987, Pub. L. 100–223, §204(f)(2), 101 Stat. 1520.

In subsection (b), the words "fined under title 18" are substituted for "a fine not to exceed $1,000" and "a fine not to exceed $10,000" for consistency with title 18.

In subsection (b)(1), the words "Upon conviction" are omitted as surplus.

In subsection (b)(2), the words "airport area" are substituted for "secured area" for consistency in this section.

Editorial Notes

Amendments

2011—Subsec. (b)(2). Pub. L. 112–74, §564(b), inserted "with intent to evade security procedures or restrictions or" after "of this section".

Subsec. (c). Pub. L. 112–74, §564(c), added subsec. (c).

§46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation

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

(b) Criminal Penalty.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if—

(1) the person knowingly and willfully operates an aircraft in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration related to the display of navigation or anticollision lights;

(2) the person is knowingly transporting a controlled substance by aircraft or aiding or facilitating a controlled substance offense; and

(3) the transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment for more than one year under a law of the United States or a State; or

(B) is provided in connection with an act 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).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46315(a)	49 App.:1303 (note).	Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434.
46315(b)	49 App.:1472(q).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(q); added Oct. 19, 1984, Pub. L. 98–499, §5(a), 98 Stat. 2315; restated Oct. 27, 1986, Pub. L. 99–570, §3401(b)(1), 100 Stat. 3207–100; Nov. 18, 1988, Pub. L. 100–690, §7209(c)(1), (2)(A), 102 Stat. 4432.

In subsection (b), before clause (1), the words "fined under title 18" are substituted for "a fine not exceeding $25,000" for consistency with title 18. In clause (2), the word "knowingly" is substituted for "and with knowledge of such act" to eliminate unnecessary words.

§46316. General criminal penalty when specific penalty not provided

(a) Criminal Penalty.—Except as provided by subsection (b) of this section, when another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates this part, a regulation prescribed or order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) under this part, or any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title shall be fined under title 18. A separate violation occurs for each day the violation continues.

(b) Nonapplication.—Subsection (a) of this section does not apply to chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), chapter 445, chapter 447 (except section 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240; Pub. L. 104–287, §5(79), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(D), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(g)(5), Oct. 5, 2018, 132 Stat. 3645.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46316	49 App.:1472(a).	Aug. 23, 1958, Pub. L. 85–726, §902(a), 72 Stat. 784; restated July 10, 1962, Pub. L. 87–528, §13, 76 Stat. 150.
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.
	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 subsection (a), the word "prescribed" is added for consistency in the revised title. The words "condition, or limitation of" are omitted as surplus. The word "Administrator" in section 902(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). The words "or in section 1474 of this Appendix" are omitted as surplus because 49 App.:1474 is not included in the revised title. The words "shall be deemed guilty of a misdemeanor" are omitted for consistency with title 18. The words "and upon conviction thereof" are omitted as surplus. The words "shall be fined under title 18" are substituted for "shall be subject for the first offense to a fine of not more than $500, and for any subsequent offense to a fine of not more than $2,000" for consistency with title 18.

In subsection (b), reference to 49 App.:ch. 20, subch. VII is omitted as unnecessary because subchapter VII is not restated in this part.

Pub. L. 104–287

This amends 49:46316(b) to make it easier to include future sections in the cross-reference by restating it in terms of chapters.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2001—Subsec. (a). Pub. L. 107–71 inserted "the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or" after "(or".

1997—Subsec. (b). Pub. L. 105–102 amended directory language of Pub. L. 104–287. See 1996 Amendment note below.

1996—Subsec. (b). Pub. L. 104–287, as amended by Pub. L. 105–102, substituted "chapter 447 (except section 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)" for "and sections 44701(a) and (b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915, and 44932–44938".

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(D) is effective Oct. 11, 1996.

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 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.

§46317. Criminal penalty for pilots operating in air transportation without an airman's certificate

(a) General Criminal Penalty.—An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual—

(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman's certificate authorizing the individual to serve in that capacity; or

(2) knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman's certificate authorizing the individual to serve in that capacity.

(b) Controlled Substance Criminal Penalty.—

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

(2) Criminal penalty.—An individual violating subsection (a) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and that transporting, aiding, or facilitating—

(A) is punishable by death or imprisonment of more than 1 year under a Federal or State law; or

(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a law related to simple possession (as that term is used in section 46306(c)) of a controlled substance).

(3) Terms of imprisonment.—A term of imprisonment imposed under paragraph (2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.

(Added Pub. L. 106–181, title V, §509(a), Apr. 5, 2000, 114 Stat. 141.)

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.

§46318. Interference with cabin or flight crew

(a) General Rule.—An individual who physically or sexually assaults or threatens to physically or sexually assault a member of the flight crew or cabin crew of a civil aircraft or any other individual on the aircraft, or takes any action that poses an imminent threat to the safety of the aircraft or other individuals on the aircraft is liable to the United States Government for a civil penalty of not more than $35,000.

(b) Compromise and Setoff.—

(1) Compromise.—The Secretary may compromise the amount of a civil penalty imposed under this section.

(2) Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts the Government owes the person liable for the penalty.

(Added Pub. L. 106–181, title V, §511(a), Apr. 5, 2000, 114 Stat. 142; amended Pub. L. 115–254, div. B, title III, §339(a), Oct. 5, 2018, 132 Stat. 3282.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 inserted "or sexually" after "physically" in two places and substituted "$35,000" for "$25,000".

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.

§46319. Permanent closure of an airport without providing sufficient notice

(a) Prohibition.—A public agency (as defined in section 47102) may not permanently close an airport listed in the national plan of integrated airport systems under section 47103 without providing written notice to the Administrator of the Federal Aviation Administration at least 30 days before the date of the closure.

(b) Publication of Notice.—The Administrator shall publish each notice received under subsection (a) in the Federal Register.

(c) Civil Penalty.—A public agency violating subsection (a) shall be liable for a civil penalty of $10,000 for each day that the airport remains closed without having given the notice required by this section.

(Added Pub. L. 108–176, title I, §185(a), Dec. 12, 2003, 117 Stat. 2517.)

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.

§46320. Interference with wildfire suppression, law enforcement, or emergency response effort by operation of unmanned aircraft

(a) In General.—Except as provided in subsection (b), an individual who operates an unmanned aircraft and in so doing knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort is liable to the United States Government for a civil penalty of not more than $20,000.

(b) Exceptions.—This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.

(c) Compromise and Setoff.—

(1) Compromise.—The United States Government may compromise the amount of a civil penalty imposed under this section.

(2) Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the Government owes the person liable for the penalty.

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

(1) Wildfire.—The term "wildfire" has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).

(2) Wildfire suppression.—The term "wildfire suppression" means an effort to contain, extinguish, or suppress a wildfire.

(Added Pub. L. 114–190, title II, §2205(a), July 15, 2016, 130 Stat. 630.)

CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

        

Editorial Notes

Amendments

2018—Pub. L. 115–254, div. B, title V, §539(m), div. K, title I, §1991(h)(2), Oct. 5, 2018, 132 Stat. 3371, 3645, made identical amendments, striking out item 46503 "Repealed".

2001—Pub. L. 107–71, title I, §114(b), Nov. 19, 2001, 115 Stat. 623, added item 46503 "Interference with security screening personnel".

1994—Pub. L. 103–322, title VI, §60003(b)(1), Sept. 13, 1994, 108 Stat. 1970, substituted "Repealed" for "Death penalty sentencing procedure for aircraft piracy" in item 46503.

§46501. Definitions

In this chapter—

(1) "aircraft in flight" means an aircraft from the moment all external doors are closed following boarding—

(A) through the moment when one external door is opened to allow passengers to leave the aircraft; or

(B) until, if a forced landing, competent authorities take over responsibility for the aircraft and individuals and property on the aircraft.

(2) "special aircraft jurisdiction of the United States" includes any of the following aircraft in flight:

(A) a civil aircraft of the United States.

(B) an aircraft of the armed forces of the United States.

(C) another aircraft in the United States.

(D) another aircraft outside the United States—

(i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;

(ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the aircraft; or

(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.

(E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.

(3) an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the individual, when on an aircraft in flight—

(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or

(B) is an accomplice of an individual referred to in subclause (A) of this clause.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46501(1)	49 App.:1301(38) (words after 10th comma).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(38); added Oct. 14, 1970, Pub. L. 91–449, §1(1), 84 Stat. 921; restated Aug. 5, 1974, Pub. L. 93–366, §§102, 206, 88 Stat. 409, 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2(b), 92 Stat. 1705; Oct. 12, 1984, Pub. L. 98–473, §2013(c), 98 Stat. 2189.
	49 App.:1472(n)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(n)(2), (4); added Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410, 411.
46501(2)	49 App.:1301(38) (words before 10th comma).
46501(3)	49 App.:1472(n)(2).

In clause (2), before subclause (A), the words "any of the following" are substituted for "includes" for clarity. In subclause (B), the words "armed forces" are substituted for "national defense forces" because of 10:101. In subclause (D)(i), the word "place" is substituted for "point" for consistency in the revised title. The word "actually" is omitted as surplus. In subclause (D)(ii), the words "on which an individual commits" are substituted for "having . . . committed aboard" for clarity. In subclause (D)(iii), the words "against which an individual commits" are substituted for "regarding which an offense . . . is committed" for clarity. The words "(Montreal, September 23, 1971)" are omitted as surplus. In subclause (E), the words "the lessee does not have a principal place of business" are substituted for "none" for clarity.

In clause (3), the words "by force or threat thereof, or . . . other" are omitted as surplus.

§46502. Aircraft piracy

(a) In Special Aircraft Jurisdiction.—(1) In this subsection—

(A) "aircraft piracy" means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.

(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.

(2) An individual committing or attempting or conspiring to commit aircraft piracy—

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

(b) Outside Special Aircraft Jurisdiction.—(1) An individual committing or conspiring to commit an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States—

(A) shall be imprisoned for at least 20 years; or

(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.

(2) There is jurisdiction over the offense in paragraph (1) if—

(A) a national of the United States was aboard the aircraft;

(B) an offender is a national of the United States; or

(C) an offender is afterwards found in the United States.

(3) For purposes of this subsection, the term "national of the United States" has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1241; Pub. L. 103–429, §6(61), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–132, title VII, §§721(a), 723(b), Apr. 24, 1996, 110 Stat. 1298, 1300.)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46502(a)(1)	49 App.:1472(i)(2), (3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(i); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §§103(a), 104, 88 Stat. 410, 411.
46502(a)(2)	49 App.:1472(i)(1).
46502(b)(1)	49 App.:1472(n)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(n)(1), (3); added Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410.
46502(b)(2)	49 App.:1472(n)(3).

In subsection (a)(1)(B), the words "offense of" are omitted as surplus.

In subsection (a)(2), the words "as herein defined" are omitted as surplus.

In subsection (b)(2), the words "the place of actual" are omitted as surplus. The words "as defined in paragraph (2) of this subsection" are omitted because of the restatement. The word "country" is substituted for "State" for consistency in the revised title and with other titles of the United States Code.

Pub. L. 103–429

This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1241, 1242).

Editorial Notes

Amendments

1996—Subsec. (a)(2). Pub. L. 104–132, §723(b)(1), inserted "or conspiring" after "attempting".

Subsec. (b)(1). Pub. L. 104–132, §§721(a)(1), 723(b)(2), in introductory provisions, inserted "or conspiring to commit" after "committing" and struck out "and later found in the United States" after "jurisdiction of the United States".

Subsec. (b)(2). Pub. L. 104–132, §721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft."

Subsec. (b)(3). Pub. L. 104–132, §721(a)(3), added par. (3).

1994—Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted "notwithstanding section 3559(b) of title 18," before "if the death".

Statutory Notes and Related Subsidiaries

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.

Death Penalty Procedures for Certain Air Piracy Cases Occurring Before Enactment of the Federal Death Penalty Act of 1994

Pub. L. 109–177, title II, §211, Mar. 9, 2006, 120 Stat. 230, provided that:

"(a) In General.—Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended, as of the time of its enactment [Sept. 13, 1994], by adding at the end the following:

" '(c) [Omitted, see below.]'.

"(b) Severability Clause.—If any provision of section 60003(b)(2) of the Violent Crime and Law Enforcement Act of 1994 (Public Law 103–322) [repealed section 46503 of this title], or the application thereof to any person or any circumstance is held invalid, the remainder of such section and the application of such section to other persons or circumstances shall not be affected thereby."

Pub. L. 103–322, title VI, §60003(c), as added by Pub. L. 109–177, title II, §211(a), Mar. 9, 2006, 120 Stat. 230, provided that:

"(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.—An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) [Sept. 13, 1994], but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366) [Aug. 5, 1974], it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term 'especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language 'in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code."

Aircraft Piracy

The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.

§46503. Interference with security screening personnel

(a) In General.—An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.

(b) Airport and Air Carrier Employees.—For purposes of this section, an airport or air carrier employee who has security duties within the airport includes an airport or air carrier employee performing ticketing, check-in, baggage claim, or boarding functions.

(Added Pub. L. 107–71, title I, §114(a), Nov. 19, 2001, 115 Stat. 623; amended Pub. L. 118–63, title IV, §436, May 16, 2024, 138 Stat. 1176.)

Editorial Notes

Prior Provisions

A prior section 46503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1242, provided for death penalty sentencing procedure for individuals convicted of aircraft piracy, prior to repeal by Pub. L. 103–322, title VI, §60003(b)(2), Sept. 13, 1994, 108 Stat. 1970.

Amendments

2024—Pub. L. 118–63 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§46504. Interference with flight crew members and attendants

An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, §811(i), Oct. 26, 2001, 115 Stat. 382.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46504	49 App.:1472(j).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(j); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921.

The words "or threatens" are omitted as being included in "intimidating". The words "(including any steward or stewardess)" are omitted as being included in "attendant". The words "fined under title 18" are substituted for "fined not more than $10,000" for consistency with title 18. The words "deadly or" are omitted as surplus.

Editorial Notes

Amendments

2001—Pub. L. 107–56 inserted "or attempts or conspires to do such an act," before "shall be fined under title 18,".

§46505. Carrying a weapon or explosive on an aircraft

(a) Definition.—In this section, "loaded firearm" means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.

(b) General Criminal Penalty.—An individual shall be fined under title 18, imprisoned for not more than 10 years, or both, if the individual—

(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;

(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or

(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.

(c) Criminal Penalty Involving Disregard for Human Life.—An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

(d) Nonapplication.—Subsection (b)(1) of this section does not apply to—

(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;

(2) another individual the Administrator of the Federal Aviation Administration or the Administrator of the Transportation Security Administration by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or

(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.

(e) Conspiracy.—If two or more persons conspire to violate subsection (b) or (c), and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in such subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104–132, title VII, §705(b), Apr. 24, 1996, 110 Stat. 1295; Pub. L. 107–56, title VIII, §§810(g), 811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–71, title I, §140(d)(8), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, §1991(h)(1), Oct. 5, 2018, 132 Stat. 3645.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46505(a)	49 App.:1472(l)(4).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(4); added Feb. 18, 1980, Pub. L. 96–193, §502(c), 94 Stat. 59.
46505(b)	49 App.:1472(l)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(1); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 417; restated Feb. 18, 1980, Pub. L. 96–193, §502(a), 94 Stat. 59; Oct. 12, 1984, Pub. L. 98–473, §2014(c)(1), 98 Stat. 2189.
46505(c)	49 App.:1472(l)(2).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(2); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 418; Oct. 12, 1984, Pub. L 98–473, §2014(c)(2), 98 Stat. 2189.
46505(d)	49 App.:1472(l)(3).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(3); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 418; Feb. 18, 1980, Pub. L. 96–193, §502(b), 94 Stat. 59.

In subsection (a), the definition of "firearm" is merged with the definition of "loaded firearm" because the term "firearm" is only used in the defined term "loaded firearm".

In subsections (b) and (c), the words "fined under title 18" are substituted for "fined not more than $10,000" and "fined not more than $25,000" for consistency with title 18.

In subsections (b)(1) and (d)(2), the words "deadly or" are omitted as surplus.

In subsection (b)(2), the words "baggage or other" are omitted as surplus.

In subsection (b)(3), the words "bomb or similar" are omitted as surplus.

In subsection (d)(1), the words "State or political subdivision of a State" are substituted for "municipal or State government" for consistency in the revised title and with other titles of the United States Code. The words "or required" are omitted as surplus.

In subsection (d)(3), the word "contained" is omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (d)(2). Pub. L. 115–254 substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

2001—Subsec. (c). Pub. L. 107–56, §810(g), substituted "20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life." for "15 years, or both."

Subsec. (d)(2). Pub. L. 107–71, §140(d)(8), inserted "or the Under Secretary of Transportation for Security" after "Federal Aviation Administration".

Subsec. (e). Pub. L. 107–56, §811(j), added subsec. (e).

1996—Subsec. (b). Pub. L. 104–132, §705(b)(1), substituted "10 years" for "one year".

Subsec. (c). Pub. L. 104–132, §705(b)(2), substituted "15 years" for "5 years".

§46506. Application of certain criminal laws to acts on aircraft

An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that—

(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) would violate section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 109A of title 18, shall be fined under title 18, imprisoned under that section or chapter, or both; or

(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), shall be fined under title 18, imprisoned under section 9 of the Act, or both.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46506	49 App.:1472(k).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(k); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921; Nov. 10, 1986, Pub. L. 99–646, §87(d)(8), 100 Stat. 3624; Nov. 14, 1986, Pub. L. 99–654, §3(b)(8), 100 Stat. 3664.

In clause (1), the words "fined under title 18, imprisoned under that section or chapter, or both" are substituted for "punished as provided therein" for consistency with title 18.

In clause (2), the words "fined under title 18, imprisoned under section 9 of the Act, or both" are substituted for "punished as provided therein" for consistency with title 18.

Editorial Notes

References in Text

Section 9 of the Act of July 29, 1892, referred to in par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat. 324, which is not classified to the Code. Section 9 of the Act was reclassified to section 22–1312 of the D.C. Code (2014).

§46507. False information and threats

An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if the individual—

(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title; or

(2)(A) threatens to violate section 46502(a), 46504, 46505, or 46506 of this title, or causes a threat to violate any of those sections to be made; and

(B) has the apparent determination and will to carry out the threat.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
46507	49 App.:1472(m).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(m); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 467; restated Oct. 12, 1984, Pub. L. 98–473, §2014(d)(1), 98 Stat. 2190.

In this section, before clause (1), the words "fined under title 18" are substituted for "fined not more than $25,000" for consistency with title 18. In clauses (1) and (2), the words "a felony" are omitted as surplus. In clause (1), the words "gives, or causes to be given" are substituted for "imparts or conveys or causes to be imparted or conveyed" to eliminate unnecessary words. The words "attempt or" are omitted as surplus. In clause (2), the words "threatens . . . or causes a threat . . . to be made" are substituted for "imparts or conveys or causes to be imparted or conveyed any threat" to eliminate unnecessary words.