CHAPTER 401 —AERONAUTICS
SUBCHAPTER I—GENERAL
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
SUBCHAPTER III—SCHOLARSHIPS
SUBCHAPTER IV—DATA REQUESTS
SUBCHAPTER I—GENERAL
§40101. Definition of institution of higher education
In this chapter, the term "institution of higher education" has the meaning given the term by section 101 of the Higher Education Act of 1965 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101 |
§40102. Governmental interest in aeronautics research and development
Congress reaffirms the national commitment to aeronautics research made in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40102 |
Statutory Notes and Related Subsidiaries
Experimental Aircraft Projects
"(a)
"(1) developing high-risk, precompetitive aerospace technologies for which there is not yet a profit rationale is a fundamental role of the [National Aeronautics and Space] Administration;
"(2) large-scale flight test experimentation and validation are necessary for—
"(A) transitioning new technologies and materials, including associated manufacturing processes, for aviation and aeronautics use; and
"(B) capturing the full extent of benefits from investments made by the Aeronautics Research Mission Directorate; and
"(3) a level of funding that adequately supports large-scale flight test experimentation and validation, including related infrastructure, should be ensured over a sustained period of time to restore the capacity of the Administration—
"(A) to see legacy priority programs through to completion; and
"(B) to achieve national economic and security objectives.
"(b)
"(1) to maintain world leadership in—
"(A) civilian aeronautical science and technology; and
"(B) aerospace industrialization; and
"(2) to maintain as a fundamental objective of the aeronautics research of the Administration the steady progression and expansion of flight research and capabilities, including the science and technology of critical underlying disciplines and competencies, such as—
"(A) computational-based analytical and predictive tools and methodologies;
"(B) aerothermodynamics;
"(C) propulsion;
"(D) advanced materials and manufacturing processes;
"(E) high-temperature structures and materials; and
"(F) guidance, navigation, and flight controls.
"(c)
"(1)
"(A) a subsonic demonstrator to demonstrate the performance and feasibility of advanced, ultra-efficient, and low emissions subsonic flight demonstrator configurations;
"(B) a low boom flight demonstrator to validate design tools and technologies that can be applied to low sonic boom commercial supersonic aircraft and support the development of a noise-based standard for supersonic overland flight; and
"(C) a flight research demonstrator to test the performance and feasibility of advanced, ultra-efficient and net-zero emissions aircraft concepts and configurations.
"(2)
"(A) include the development of experimental aircraft and all necessary supporting flight test assets;
"(B) pursue a robust technology maturation and flight test validation effort;
"(C) improve necessary facilities, flight testing capabilities, and computational tools to support the demonstration;
"(D) award any primary contracts for design, procurement, and manufacturing to United States persons, consistent with international obligations and commitments; and
"(E) coordinate research and flight test demonstration activities with other Federal agencies and the United States aviation community, as the Administrator considers appropriate.
"(3)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
"(d)
"(e)
"(1)
"(A) to develop—
"(i) new materials, including composite and high-temperature materials, from base material formulation through full-scale structural validation and manufacture;
"(ii) advanced materials and manufacturing processes, including additive manufacturing, to reduce the cost of manufacturing scale-up and certification for use in aeronautics; and
"(iii) noninvasive or nondestructive techniques for testing or evaluating aviation and aeronautics structures, including for materials and manufacturing processes;
"(B) to reduce the time it takes to design, industrialize, and certify advanced materials and manufacturing processes;
"(C) to provide education and training opportunities for the aerospace workforce; and
"(D) to address global cost and human capital competitiveness for United States aeronautical industries and technological leadership in advanced materials and manufacturing technology.
"(2)
"(A) build on work that was carried out by the Advanced Composites Project of the Administration;
"(B) partner with the private and academic sectors, such as members of the Advanced Composites Consortium of the Administration, the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration, the Manufacturing USA institutes of the Department of Commerce, and national laboratories, as the Administrator considers appropriate;
"(C) provide a structure for managing intellectual property generated by the program based on or consistent with the structure established for the Advanced Composites Consortium of the Administration;
"(D) ensure adequate Federal cost share for applicable research; and
"(E) coordinate with advanced manufacturing and composites initiatives in other mission directorates of the Administration, as the Administrator considers appropriate.
"(f)
"(1) academia; and
"(2) commercial aviation and aerospace manufacturers."
[For definition of "Manufacturing USA institute" as used in section 10831 of
Executive Documents
Ex. Ord. No. 13419. National Aeronautics Research and Development
Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 204 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as amended (
(a) review the funding and activities of the Federal Government relating to aeronautics R&D;
(b) recommend to the President, the Director of the Office of Management and Budget, and the heads of executive departments and agencies, as appropriate, such actions with respect to funding and activities of the Federal Government relating to aeronautics R&D as may be necessary to
(i) advance United States technological leadership in aeronautics;
(ii) support innovative research leading to significant advances in aeronautical concepts, technologies, and capabilities;
(iii) pursue and develop advanced aeronautics concepts and technologies, including those for advanced aircraft systems and air transportation management systems, to benefit America's security and effective and efficient national airspace management;
(iv) maintain and advance United States aeronautics research, development, test and evaluation infrastructure to provide effective experimental and computational capabilities in support of aeronautics R&D;
(v) facilitate the educational development of the future aeronautics workforce as needed to further Federal Government interests;
(vi) enhance coordination and communication among executive departments and agencies to maximize the effectiveness of Federal Government R&D resources; and
(vii) ensure appropriate Federal Government coordination with State, territorial, tribal, local, and foreign governments, international organizations, academic and research institutions, private organizations, and other entities.
(a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related infrastructure, (the "plan"), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan;
(b) monitor and report to the President as appropriate on the implementation of the approved plan;
(c) ensure that executive departments and agencies conducting aeronautics R&D:
(i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside the Federal Government in support of Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facilitating technology transition from R&D to applications; and
(iii) identify and promote innovative policies and approaches that complement and enhance Federal Government aeronautics R&D investment; and
(d) report to the President on the results of the efforts of executive departments and agencies to implement paragraphs (c)(i) through (iii) of this section.
(i) obtain as appropriate the assistance of the National Science and Technology Council in the performance of the Director's functions under this order, consistent with Executive Order 12881 of November 23, 1993, as amended;
(ii) coordinate as appropriate with the Director of the Office of Management and Budget; and
(iii) obtain information and advice from all sources as appropriate, including individuals associated with academic and research institutions and private organizations.
(b) The functions of the President under subsection (c) of section 101 of the National Aeronautics and Space Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of the Office of Science and Technology Policy. In performing these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary of Defense, the Secretary of Transportation, the Director of the Office of Management and Budget, and other heads of executive departments and agencies as appropriate. The Director also shall ensure that all actions taken in the performance of such functions are consistent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July 8, 2004.
(c) This order shall be implemented in a manner consistent with:
(i) applicable law, including section 102A(i) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 403–1(i)) [now
(ii) statutory authority of the principal officers of executive departments and agencies as the heads of their respective departments and agencies.
(d) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(e) This order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§40103. Cooperation with other agencies on aeronautics activities
The Administrator shall coordinate, as appropriate, the Administration's aeronautics activities with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, and the Department of Homeland Security, including the activities of the Next Generation Air Transportation System Joint Planning and Development Office established under section 709 of the Vision 100—Century of Aviation Reauthorization Act (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40103 |
The words "Next Generation Air Transportation System" are inserted before "Joint Planning and Development Office" for consistency with section 709 of the Vision 100—Century of Aviation Reauthorization Act (
§40104. Cooperation among Mission Directorates
Research and development activities performed by the Aeronautics Research Mission Directorate with the primary objective of assisting in the development of a flight project in another Mission Directorate shall be funded by the Mission Directorate seeking assistance.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40104 |
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
§40111. Fundamental research program
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40111 |
§40112. Research and technology programs
(a)
(b)
(1)
(A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, nitrogen oxides, other greenhouse gases, water vapor, black carbon and sulfate aerosols, and increased cloudiness due to contrail formation;
(B) to reduce aviation noise emissions; and
(C) to enable associated aircraft performance characteristics.
(2)
(A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions;
(B) to enhance and expand basic research, and the translation of basic research into applications, that may lead to transformational advances in reducing aviation noise and greenhouse gas emissions;
(C) to accelerate research and development that contributes to maturing new technologies for reducing aircraft noise and greenhouse gas emissions; and
(D) to obtain and disseminate associated testing and performance data that facilitates the incorporation of new technologies into commercial aircraft development as soon as practicable.
(3)
(A) as soon as practicable, a reduction of greenhouse gas emissions from new aircraft by at least 50 percent, as compared to the highest-performing aircraft technologies in service as of December 31, 2021;
(B) noise levels from aircraft throughout all phases of flight that do not exceed ambient noise levels in the absence of flight operations in the vicinity of the flight route;
(C) net-zero greenhouse gas emissions from aircraft by 2050; and
(D) demonstration of new technologies developed pursuant to such initiative on—
(i) regional aircraft intended to enter into service by 2030; and
(ii) single-aisle aircraft designed to accommodate more than 125 passengers intended to enter into service by 2040.
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40112(a) | ||
| 40112(b) | ||
| 40112(c) | ||
| 40112(d) | ||
| 40112(e) | ||
| 40112(f) |
Editorial Notes
Amendments
2022—Subsecs. (b) to (g).
Statutory Notes and Related Subsidiaries
Technology Focus Areas, Implementation, and Annual Report for the Research and Development Initiative
"(b)
"(1) advanced subsonic propulsion technology, design, and integration;
"(2) electric and hybrid-electric propulsion, including battery electric and hydrogen fuel cell electric systems;
"(3) airframe concepts and configurations;
"(4) analysis of technology options, including cost-benefit analysis of greenhouse gas and noise emissions reduction technologies;
"(5) analytical tools for system-level and system-of-systems-level modeling and integration;
"(6) airspace operations improvements;
"(7) noise emissions reduction; and
"(8) any other effort, as determined by the [National Aeronautics and Space] Administration, that contributes to a sustainable future for aviation.
"(c)
"(1) ensure that testing and performance data integrates the results of community acceptance surveys conducted by the Federal Aviation Administration and other relevant studies, including studies on the impacts of new noise effects from novel propulsion systems and from airspace operations changes;
"(2) provide testing and performance data on the technologies described in subsection (b) of this section to the Administrator of the Federal Aviation Administration to facilitate the work of the Federal Aviation Administration in identifying new requirements for policy, infrastructure, and administrative capacity necessary to enable the safe integration of such technologies on aircraft;
"(3) pursue partnerships with organizations, current commercial production aircraft providers, academic institutions, small businesses, and new entrants, including partnerships to advance research and development activities related to both regional aircraft and aircraft designed to accommodate more than 125 passengers;
"(4) include universities, academic institutions, and other research organizations in the partnerships described in paragraph (3);
"(5) expand basic research;
"(6) ensure equity in research sponsorship of, and partnership opportunities with, underrepresented students, faculty, and minority-serving-institutions [sic];
"(7) continue to coordinate with the Secretary of Energy on battery technology research;
"(8) make available the research and development carried out under the initiative established under subsection (b) of
"(9) continue to support research, development, and demonstration of aircraft concepts, including systems architecture, materials and components, integration of systems and airframe structures, human factors, airspace planning and operations, and the integration of related advanced technologies and concepts, with the goal of carrying out test flights with integrated subsystems by 2025.
"(d)
"(1) the status of progress on such initiative;
"(2) an updated, anticipated timeframe for readiness of technologies and aircraft to be adopted by industry with the emissions reduction levels directed under that subsection; and
"(3) an identification of fundamental aeronautics research activities contributing to achieving the goals and objectives of such initiative, as described in paragraphs (2) and (3) of that subsection, and a description of any obstacles to achieving such goals and objectives."
[For definition of "minority-serving institution" as used in section 10833(b)–(d) of
National Aero-Space Plane Program
"(a)
"(b)
"(1) The Secretary and the Adminstrator [sic] shall jointly develop a management plan for the program established under subsection (a), which shall include goals, major tasks, anticipated schedules, organizational structure, funding profiles, details of the respective responsibilities of the Secretary and the Administrator, and resource procurement strategies.
"(2) The management plan developed pursuant to paragraph (1) shall be submitted to the Congress within 120 days after the date of enactment of this Act [Nov. 16, 1990]."
[
§40113. Airspace systems research
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40113 |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (
Statutory Notes and Related Subsidiaries
Unmanned Aircraft Systems
"(a)
"(1) research and test capabilities and concepts, including unmanned aircraft systems communications, for integrating unmanned aircraft systems into the national airspace system;
"(2) leverage the partnership NASA [National Aeronautics and Space Administration] has with industry focused on the advancement of technologies for future air traffic management systems for unmanned aircraft systems; and
"(3) continue to leverage the research and testing portfolio of NASA to inform the integration of unmanned aircraft systems into the national airspace system, consistent with public safety and national security objectives.
"(b)
"(1) NASA should continue—
"(A) to coordinate with the Federal Aviation Administration on research on air traffic management systems for unmanned aircraft systems; and
"(B) to assist the Federal Aviation Administration in the integration of air traffic management systems for unmanned aircraft systems into the national airspace system; and
"(2) the test ranges (as defined in
"(A) air traffic management systems for unmanned aircraft systems; and
"(B) the integration of such systems into the national airspace system."
[For definition of "unmanned aircraft system" as used in section 10832 of
§40114. Aviation safety and security research
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40114 |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (
§40115. Aviation weather research
The Administrator may carry out a program of collaborative research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6-hour aviation weather forecasts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40115 |
§40116. University-based Centers for Research on Aviation Training
(a)
(b)
(c)
(d)
(1) satisfactory performance in meeting the goals of the research plan proposed in the application submitted under subsection (c); and
(2) other requirements as specified by the Administrator.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40116 |
In subsection (b), the words "Centers for Research on Aviation Training" are substituted for "Centers" for clarity. There are references to both "Centers for Research on Aviation Training" and "Administration Centers" in subsection (a).
In subsection (d)(1), the words "proposed in the application submitted under subsection (c)" are substituted for "proposed by the Center in its application under subsection (c)" for clarity. Under section (c), applications are filed by an institution of higher education (or a consortium of such institutions) seeking funding, and not by the Center for which such funding is sought.
SUBCHAPTER III—SCHOLARSHIPS
§40131. Aeronautics scholarships
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40131 |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (
SUBCHAPTER IV—DATA REQUESTS
§40141. Aviation data requests
The Administrator shall make available upon request satellite imagery and aerial photography of remote terrain that the Administration owns at the time of the request to the Administrator of the Federal Aviation Administration or the Director of the Five Star Medallion Program, to assist and train pilots in navigating challenging topographical features of such terrain.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40141 |